A monograph on plebiscites, with a collection of official documants

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Va

Publications of the
Carnegie Endowment for International Peace

Division of International Law
Washington

A MONOGRAPH ON PLEBISCITES

A MONOGRAPH ON
PLEBISCITES

With a Collection of Official Documents

BY

SARAH WAMBAUGH

—

PREPARED UNDER THE SUPERVISION OF

JAMES BROWN SCOTT
Director of the Division of International Law of the Carnegie Endowment
for International Peace

NEW YORK
OXFORD UNIVERSITY PRESS

AMERICAN BRANCH: 85 WEST 82ND STREET
LONDON, TORONTO, MELBOURNE, AND BOMBAY

1920

COPYRIGHT 1920
BY THE
CARNEGIE ENDOWMENT FOR INTERNATIONAL PEACE
WASHINGTON, D. C.

INTRODUCTORY NOTE

From time to time a plebiscitum has been held by the interested nations in
order to ascertain the sentiment of a community in the matter of transfer of
the allegiance of the inhabitants of a given territory which, by agreement of
the nations involved, is to be ceded from one country to another. Within
recent years the doctrine of plebiscites based more or less upon isolated prac-
tice has found its way into treatises on international law. The treatment of
the doctrine, however, has hitherto been fragmentary and the documents upon
which the doctrine is based have not hitherto been assembled.

In the belief that an exposition of the theory and practice of plebiscites as
applied to States would not only be valuable historically but that it would be
of service to publicists having to deal with such questions, Miss Sarah Wam-
baugh has collected for the Division of International Law of the Carnegie
Endowment for International Peace, the documents relating to this subject
and has prefixed to them a monograph in which she lays before the reader the
result of her investigations in this interesting but hitherto unexplored domain.

The importance and timeliness of this volume are very great. It is im-
portant in that it is the first adequate treatment of the subject, laying before
the reader, as it does, in the original language, and in English translation when-
ever the original text is in a foreign tongue, documents relating to plebiscites
which have never before been brought together and whose very existence has
not been suspected even by persons interested in the subject. It is timely in
that the Treaty of Peace between the Allied and Associated Powers and
Germany, signed at Versailles, June 28, 1919, provides for plebiscites to be
held in many instances.

In view of these facts, Miss Wambaugh's volume has a present interest not
merely for the student of international law, but for the statesman, diplomat,
and expert called upon to deal with plebiscites in the concrete cases provided
for by the various treaties putting an end to the War of 1914.

JAMES Brown ScoTT,
. Director of the Division of International Law.
Paris, FRANCE,
July 15, 1919.

PREFACE

Late in the autumn of 1917 1 was asked by Dr. James Brown Scott, Director
of the Division of International Law of the Carnegie Endowment for Inter-
national Peace, to prepare a monograph, with a collection of documents, on
the history of the doctrine of national self-determination in changes of sover-
eignty. The present monograph was accordingly undertaken under his super-
vision.

It had been hoped that the monograph could be published at an earlier date,
but the study has proven to be a much heavier task than was expected. Re-
search has disclosed many more instances of recourse to the doctrine than
those which are enumerated in the treatises on international law or in the
general histories, yet at the same time the collection of documents illustrating
the various instances has proven to be unexpectedly copious. Careful intensive
study of the history of each country treated has been necessary. Most of the
cases have involved controversial questions, and thus a careful appreciation
and statement of each side has been imperative.

The monograph has been scrupulously limited to the doctrine with refer-
ence to changes of sovereignty. Material regarding the numerous plebiscites
to determine the form of government or the personality of the sovereign,
such as the plebiscites of Napoleon III, Greece, Rumania, Belgium and Nor-
way, has been excluded from consideration as such a study, although it might
be of great interest, deals with a theme essentially different from that of
separation, cession or annexation.

There has been no attempt to present data on the many territorial ques-
tions which have become acute since 1914, or of the several plebiscites which
rumor has told us have taken place since then, nor did the author conceive
it to be part of the scope of this study to present a plan for the settlement of
such questions.

Doubtless some cases which might be considered at first thought to be ger-
mane to its purpose have been omitted. The'self-determination of the United
States was omitted deliberately for two reasons: one because our independ-
ence was the result of a successful war and not of a resort to ballot, which
came later; the other because, if it were put in its proper chronological posi-
tion in the collection, it would make the doctrine appear to be derived from
our revolution, which was not the fact. The American Revolution had more
of a national than international aspect, so far as it affects this question. It
made no change in the application of the theory of conquest or annexation,

x PREFACE

probably because these problems did not immediately confront the leaders,
and in the later annexations of Louisiana and Florida the principle was not
followed — a fact attributable, perhaps, to the sparsely populated condition
of those territories. |

It may be thought that the case of the union of Wallachia and Moldavia
into Rumania should have been omitted, and indeed the author is aware of
having possibly stretched a point in including it as a change of sovereignty.
The Principalities were, however, called sovereign States, although they were
under Turkish suzerainty, and effected their union of two sovereignties into
one by means of two appeals to popular vote. The case has been included
because it presents the first, and so far the only, instance of an international
commission to administer a vote.

Of the cases included, those of the French Revolution and of Italy are
instances of separation and integration. Savoy and Nice in 1860, the Danish
West Indies in 1867, St. Bartholomew in 1877, and Tacna and Arica, still
unsettled, are instances of cession which involve separation and integration.
Moldavia and Wallachia are an instance of union or, perhaps, integration.
Schleswig is an instance of division and cession, a project long discussed and
still unfulfilled. The last case, that oí Norway, is an instance of separation
of a technically sovereign State from a technically voluntary union and there-
fore presents a novel problem of change of sovereignty.

The term plebiscite in its common meaning connotes universal male suffrage.
In many of the cases included which obviously belong within a discussion of
the doctrine of self-determination the vote was by a limited suffrage and was
usually for delegates, instructed as a rule, to an assembly ad hoc. This is
true of most of the votes of the French Revolution, of Moldavia and Walla-
chia, the Italian votes of 1859 and that of the Ionian Islands. In the Italian
votes of 1848, 1860, 1866 and 1870 a plebiscite in the accepted sense was used.
The electorate included practically the whole male Italian population, whether
literate or not. This was also true in Savoy and Nice, and in the votes of
St. Bartholomew and the islands of St. Thomas and St. John. |

In all the cases where the original text of the documents has been avail-
able it has been given. Extracts have been made where space could be econo-
mized without sacrificing accuracy in presentation. The translations are, as
far as possible, taken from well-known sources, such as the British Parlia-
mentary Papers. Where there is no statement of the source of the trans-
lation it has been made especially for this monograph. Care has been used
in correcting these translations and in harmonizing the translation of corre-
sponding words in different languages, but doubtless mistakes and inconsis-
tencies occur. Owing to the numerous citations the title of each work is
cited only in the first reference. In succeeding references it is referred to by
the author's name only. In each case the full title will be found in the list

PREFACE xi

of authorities. The legends, names of countries, places, rivers, etc., on the
accompanying maps have been left in the language used on the original maps
of which they are reproductions. |

I am most deeply indebted to the Carnegie Endowment for International
Peace for making possible the publication of such an extensive work, and to
the skillful advice of Dr. Scott in its original planning.

The better to interpret the numerous problems presented, I have availed
myself of the kindly assistance of many people — historians, international
lawyers and diplomatists — to all of whom I also wish to express the warm-
est gratitude. As for the invaluable aid and courteous assistance given by
the several librarians to whom I have taken baffling questions, no acknowledg-
ment would be adequate.

S. W.

WASHINGTON, D. C.,

March 6, 1919.

CONTENTS

PAGE
Chronological List of Cases of Change of Sovereignty | in which the Right to > Self-
Determination Has Been Recognized . . . +. XXVII
Bibliographical List of Principal Works Cited. . . . . . . . . . + . . xxix
A Study of the Theory and Practice of Plebiscites
HISTORICAL SUMMARY . . . +. +. +. +. +. ee + + + . . ]
THE PLEBISCITES OF THE FRENCH REVOLUTION
Avignon and the Comtat Venaissin, 1791... ..... 33
Savoy, 1792 . . . + + + BEE 41
Nice, 1793 . . + I
The Belgian Communes, 1793 . : .... . . 8
The Rhine Valley, 1793 . A)!
The Republics of Mulhausen and Geneva, UB 55
Tue Peron or 1848-1870
The Italian Plebiscites of 1848 . rr... 58
The Italian National Assemblies of 1859. . . . ..... LI. I 1 65
The Italian Plebiscites of 1860-1 1870 de 72
Tuscany and Emilia, 1860 . + 72
Savoy and Nice. 1860 a 75
Sicily and Naples, 1860 . ne BI
Umbria and the Marches, 1860 nn 94
Venetia, 1866 . . o 96
Rome, 1870 . dee 98
Moldavia and Wallachia, 1857... 101
The Ionian Islands, 1863 . a 122
The Schleswig Question, 1848—. . . . . . a... 132
Maps: Copy of the German Map by F. H. I. Geerz Showing the Distribution of
Languages in the Duchy of Schleswig, 1838 . . (opposite) 133
Map Showing the Distribution of Languages in North and Central
Schleswig, 1906 . + + . (opposite) 149
The Islands of St. Thomas and St. John, West Indies, 1868 . o... . . 149

Tse Perron or 1871-1914
Saint Bartholomew, West Indies, 1877 . . . . . . +. +. 2 «© 2 «© 2 155

The Tacna-Arica Question 1883— . a. 156

Map: Tacna and Arica. . . . . . ~ +. + ++ + + + (opposite) 156

The Separation of Norway from Sweden, 1905 . ee een. 165
Documents

THE PERIOD OF THE FRENCH REVOLUTION
AVIGNON AND THE COMTAT VENAISSIN, 1791
Draft Decree of Charles Francois Bouche for “the Irrevocable Union of the Comtat

Venaissin and of the City and State of | Avignon to the County of Provence and by
it to France,” November 12, 1789 . 173

xiv

CONTENTS

PAGE
Address of the Parishes of the Comtat Venaissin in Answer to the Motion of M.
Bouche, November 16, 1789 . . 175

The French Nation Renounces Conquest. Decree Concerning the Right of Making
Peace and War, May 22-27, 1790 .

Formal Minute of the General Council of the Commune of the City of Avignon,
June 12, 1790 . . 178

Address of the Representative Body of the Comtat Venaissin, June 22, 1790 |. . . 182

Address of the Deputation from the City of Avignon, Delivered before the National
Assembly, June 26, 1790 . 184

First Report of the French National Assembly on the Affair of Avignon, and Decree
Adopted, August 27, 1790 . 185

Decree of the National Assembly, November 20, 1790 . . . . . . . . +. . 187

Second Report of the Committees on Avignon Regarding the Union of Avignon and
the Comtat V Venaissin y with France, and Discussion by the Assembly, April 30-May Y 188

Draft Decree for the Union of Avignon Ta by Menou in à the Third Report
of the Committees on Avignon, May 24

Decree of the National Assembly Providing that Mediators shall be sent to
Avignon, May 25, 1791 . 211

Preliminaries of Peace and of Conciliation Agreed on and Signed by the Deputies
of the Electoral Assembly of the Municipalities of Avignon and of Carpentras, and
of the Army of Vaucluse, called the Army of Avignon, in the Presence of the
Mediating Commissioners of France, Deputed by the King, June 14, 1791 . . . 212

Letter of the Mediators to the President of the National Assembly at Bédarides . . 215

Letter to the Communes, Sent by the > President of the Assembly at i the Request of
the Mediators . 215

Formal Minute of the Communal Assembly of Séguret, August 11, 1791 . . . . 216
Report of Le Scene des Maisons on his Mission as Mediator, September 10, 1791. . 218
Fourth Report « of the ‘Committees | on Avignon and the Comtat Venaissin, September

Formal Charges Brought Against the Mediators by Abbé Maury Before the National
Assembly, and Replies of the Mediators, September 13, 1791 .
Reply of Le Scène des Maisons . . . . . . . en nn . . . 247

Decree of the National Convention Uniting Avignon and the Comtat Venaissin to
France, September 14, 1791 . . . . . . .

Savoy AND Nice, 1792-3

Proclamation of General Montesquiou to the People of Savoy, September 21, 1792 . 269

Letter of General Montesquiou to the Minister of War, and Discussion Regarding
It in the French National Convention, September 28, 1792 . 270

Proclamation of the Commissioners sent t by the National Convention to the Army
of the Alps, October 6, 1792 . . en o. .

Formal N Minute of the Vote of the Communal Assembly of Mouthiers, October 11, 281

First Draft Decree Reported by the Diplomatic Committtee, Regarding the Con-
duct to be Prescribed to the French Generals in Enemy Countries, October 24,

Address of the Provisional Administrative Bodies of the City and County of Nice to
the National Convention, and Action of the Convention, November 4,

CONTENTS

XV

PAGE

Address of the “National Assembly of the Allobroges” Asking for the Union of
the People of Savoy with the French ‚ Republic. Fresented to the National Con-
vention, November 21, 1792 . . . . :

Extract from the Minute of the Second Session of the Assembly of the Deputies
of the Communes of Savoy, October 22, 1792, the Year I of the sg of lic .

Decree of the French National Convention Uniting Savoy to France, November 27,
Decree of Union with France passed by “ © the National Assembly of the Colons
Marseillais” of Nice, January 4,

Decree of the National Convention Uniting the County of Nice 1 to the Territory
of the French Republic, January 31, 1793

THE BELGIAN COMMUNES AND THE RHINE VALLEY, 1793

Cambon Reports Regarding the Conduct to be Followed by the French Generals in
the Countries Occupied by the Armies of the Republic, December 15, 1792

Decree by which France Proclaims the Liberty and Sovereignty of all the Peoples to
whom she has Carried or shall Carry her Arms, and Prescribes the Conduct of
her Generals, December 15 and 17, 1792 . . . .

Form of Proclamation to be Made by the French Generals to the Peoples “ Con-
quered for Liberty” . . .

Protest of the Representative Assembly of Hainault against the Decree of December
15, Presented to the Convention, December 23, 1792

Protest of the Representatives of the Sovereign People of the Country of Namur,
December 30, 1792 . .

295

. 310

. 312

Second Decree Regarding the Conduct of the Generals in those Countries where 314

the Armies of France have Entered or shall Enter, January 31,

Decree Regarding the Union of the Principality of Monaco, of a Part of the Baili-
wick of Schambourg, and other Neighboring Territories, February 14, 1793

Proclamation to the Belgian People by the Commissioners of the French National
Convention, Delacroix, Gossuin and Merlin (de Douai), February 19, 1793 .

The Union of Brussels, Ghent and other Belgian Cities with France. Extracts from
the Minutes of the National Convention, February 27-March 2, 1793 . . . .

Letter of the Citizens Rewbel, Merlin (de Thionville) and Haussmann, Commissioners
of the National Convention to Mayence, Announcing the Erection of a Revolution-
ary Municipality. Read before the Convention, March 12, 1793 . . o.

Letter of General Dumouriez, Commander-in-Chief of the Army of the North, to
the National Convention, March 12, 1793

. 316

Report made before the National Convention by Haussmann, Commissioner to the © 249

Armies of the Rhine, the Vosges, and the Moselle, March 30, 1

Address of the National Rhéno-Germanic Convention to the French Republic, and À os

Vote of Union by the National Convention of France, March 30, 1

Tue REPUBLICS OF MULHAUSEN AND GENEVA, 1798

The Directory Delegates Jean Ulric Metzger as Commissioner to the Republic of È so

Mulhausen with Regard to the Vote of Union, January 1, 1798

Address of Citizen Metzger to th the Burgomasters and Council of the Republic of Es

Mulhausen, January 19,
Reply of the Magistracy, January 19, 1798

. 361

Treaty of Union of the Republic of Mulhausen with the French Republic, January 363

xvi CONTENTS

PAGE

Decree of the Directory Appointing Citizen Desportes Commissioner to the Republic
of Geneva to Receive the Vote of Union, March 25, . 367

Treaty of Union of the Republic of Geneva with the French Republic, April 26, 1798 . 368

THE PERIOD OF 1848-1870
ITALIAN PLEBISCITES or 1848

Lombardy
Proclamation of of the Municipality of the City of Milan on Assuming Power, March "370

3

The Provisional Government Postpones all Discussion as to the Political Future
of Lombardy, March 22, 1848 . . o. + 371

Proclamation of King Carlo Alberto Promising a Free Vote, March 31, 1848 . . 371

Confidential Communication to the Government of Lombardy Expressing the De-
sire of Carlo Alberto for the Convocation of an Elective Assembly to Decide the
Destinies of the Italian Provinces, March 31, 1848 . . woe ew ww 973

‘The Provisional Government Appoints a Commission to Draw up a Plan for
the Convocation of a National Assembly, April 8, 1848 . . . . . 375

The Provisional Government of Lombardy Proclaims a Plebiscite, May 12, 1848 . 376

Statement by the Provisional Government ot the Liberties which the Lombard People
Now Possess, May 28, 1 . . . 387

Proclamation Announcing the Result of the Plebiscite June 8, 1848 . . . . . 387
Formal Presentation of the Vote of Union to King Carlo Alberto, June 11, 1848 . 391
. 392

Reply of the King . ee .
Address of the Women of Lombardy to > the Women of the Sardinian States, July 393

,

Vote of the Subalpine Parliament Accepting the Vote of Lombardy and the Provinces
of Padua, Vicenza, Treviso and Rovigo, and Uniting these Provinces to Sardinia. + 304

Law of July 27, 1848 .

Venetia
The Provisional Government of the Republic of Venetia Announces that there will
be a Single Constituent Assembly for the Liberated Provinces, March 24, 1848 . 395

The Departmental Committees of Padua, Vicenza, Treviso and Rovigo Protest
Against a Separate Republic and Announce that Votine for Union with Piedmont
has Begun on the Venetian Mainland, May 31, 18 . 396

Reply of the Provisional Government, June 2, 1848 . . . . . . . . . +. . 401

Decree of the Provisional Government of the Venetian Republic Conveking : a Rep-
resentative Assembly, July 3, 1 .

Vote of the Consulta of Venice, June 26, 1848 . . 406

Speech of Manin before the Representative Assembly, and Vote of the Assembly
for the Union of Venice with Piedmont, July 4, 1848 .

Vote of the Sardinian Parliament Accepting the Vote of the City and Province
of Venice and Uniting them with the Sardinian States. Law of July 27, 1848 .

Parma and Piacenza
The Council of Elders Appoints the Members of the Provisional Government, April
11, 1848 . 410
The Provisional Government of Parma Proclaims a Plebiscite on the Question of
Union with Sardinia, May 8, 1 . a 411

CONTENTS xvii

PAGE
Formal Minute of the Result of the Plebiscite, May 26, 1848 . . . . . . . . 413

Law of the Sardinian Parliament Accepting the Votes of Farma and Guastalla and
Uniting them with the Sardinian States. Law of June 16, 1848 . .

The Provisional Government of Piacenza Makes Public the Result of the Plebiscite,
May 12, 1848 . . . . . . . 419
Modena and Reggio

The Municipality of Reggio Proclaims 3 a Plebiscite « on the Question of Union with
Sardinia, May 3,

The Podesta Publishes the Electoral Arrangements, May 5, 1848 426
The Municipality of Modena Proclaims a Plebiscite, May 10, 1848 . . . . . . 428

The Provisional Government of Modena, Reggio and Guastalla Embodies the Result
of the - Plebiscites ina Formal Act of Union with the Sardinian States, May 29,

Formal Act Embodying the Results of the Plebiscite of Reggio, May 30, 1848 . . 436

Vote of the Sardinian Parliament Accepting the Votes of Modena and Reggio and
Uniting the Provinces to the Sardinian States. Law of June 13, 1848 . . 439

THE ITALIAN NATIONAL ASSEMBLIES OF 1859
Tuscany

Preliminaries of Peace, Signed at Villafranca, July 11, 1859. . . . . . . . 441

Statement by Lord John Russell of the Attitude of the British Government Re-
garding the Preliminaries of Villafranca . . . 442

Decree of the Tuscan Government Reestablishing the Electoral Law of 1848 for the
Purpose of Holding a General Election of an Assembly of Representatives Com-
petent to Pass a Legitimate Vote as to the Definitive Fate of Tuscany, July 15, 1859 443

Second Decree of the the Tuscan Government Fixing Further Details of the Election,
y 16, . . el... .

Dispatches of Lord John Russell to the British Minister at Florence, Concerning
the Tuscan Assembly . a .

Convocation of the Electoral Constituencies, July 29, 1859 . o... 450

The Royal Commissioner Resigns His Functions to the Council of Ministers,
August 1, 1859 . . . . . o. . 450

Ricasoli is Appointed President of the Council, August 1, 1859. . . . . . . 452
Decree Fixing Conditions of Eligibility of Deputies, August 2, 1859 . . . . . 453
Proclamation of the Ministry Concerning the Approaching Elections, ‘August 4,
1889 ......+.+. +... o. e... 454
Decree of Convocation of the Assembly, August 7, 1859 . . . . . . . . . 455
Dispatch from Lord John Russell to the British Minister at Turin, August 10, 1859 456

Dispatch from the British Minister a at Florence t to Lord John Russell Commenting
on the Election, August 10, 1859 . . 456

Vote of the National Assembly of Tuscany Dethroning the House of Austro-
Lorraine, August 16, 1859 . . 457

Vote of the National Assembly of Tuscany for Union with the Constitutional
Kingdom of Victor Emmanuel, August 20, 1859 . . 459

Address of the Delegates of the Tuscan Assembly to the King of Sardinia, Pre-
senting the Vote for Union, September 3, 1859 .

xviil CONTENTS
PAGE
Reply of the King. . . . . +. 2. 2 ...... ew ww 462

The Provisional Government Announces that It will Exercise Authority in the
Name of Victor Emanuel, September 29, 1859 . .

Modena
Electoral Law for a National Assembly of the Provinces of Modena, July 29, 1859 . 464
Convocation of the Electoral Colleges, August 5, 1859 . . . . . . . . . . 474

The National Assembly of the Provinces of Modena Dethrones the House of
Hapsburg-Lorraine, August 20, . 4

The National Assembly of the Provinces of Modena Decrees the Union of the

Provinces with the Constitutional Monarchy of Sardinia, August 21, 1859 . .. . 475
Romagna
Appeal for a Plebiscite, July 22, 1859 . . . . . . . . . . . . . . 477

The Sardinian Commissioner Retires from Office that the Vote may be Free, July 478
The Governing Council Announces that an Assembly will be Held, August 2, 1859 . 479
Instructions in Regard to the Approaching Elections, August 8, 1859. . . . . 480

Circular Letter to the Officials of Romagna Emphasizing the Importance of the Ap
proaching Elections, August 22, 1859 .

Convocation of the Electoral Constituencies of Romagna, August 24, 1859 . . . 485
Convocation of the National Assembly of Romagna at Bologna, August 25, 1859 . 486

Decree of the National Assembly of Romagna Deposing the Temporal Power,
September 6, 1859 . .

Decree of the National Assembly of Romagna for Union with the Constitutional

Kingdom of Sardinia, September 7, 1859 . 487
Reply of King Victor Emanuel to the Delegates Presenting the Vote of the People
of Romagna. . . . . 488

Parma and Piacenza, 1859

The Sardinian Governor Resigns Power to Giuseppi Manfredi as Provisional Gov-
ernor, August 8, 1859. . . . . . +
Convocation of the People of Parma in Popular Assemblies, for a Plebiscite, August

Convocation of the Electoral Constituencies for the Election of Deputies to a Rep-
resentative Assembly, August 30, 185 dee

Decree of the Representative Assembly of the States of Parma Dethroning the House
of Bourbon, September 11, 1859. . .

Decree of the Same Assembly for © Union with the Constitutional Kingdom of Sar-
dinia, September 12, 1859 . . 495

Lombardy, 1859

The Congregation and the Municipality of Milan Attest the Unanimous Desire of
the Population to Renew the Pact of 1848, June 5, 1859 . . . 496

The Communal Council of Milan Ratifies the Vote of the Municipal Congregarion
June 6, 1859 . . 497

Proclamation of Victor Emanuel to the People of Lombardy. June 9, 1859. . . . 498

CONTENTS xix

PAGE
ITALIAN PLEBISCITES OF 1860-1870

Tuscany and Emilia, 1860

Dispatch of Lord John Russell to Earl Cowley, British Ambassador at Paris,
Containing the British Proposal of the “ Four Points,” January 15, 1860 .

Dispatch of Lord John ‚Russell to Sir James Hudson, British Minister at Turi,
February 6,

Proposition Made by Thouvenel to Talleyrand ! for Transmission to the Sardinian
Government, February 24, . . 501

Dispatch of Cavour to the Governors of Emilia and Tuscany, Concerning the
Proposition made by the French Government, February 29, 1 .

Reply of Ricasoli, Governor of Tuscany, March 4, 1860 . |. . . . . . . . 509

Decree of the Tuscan Government Proclaiming a Plebiscite on the Question of
Union with the Constitutional Kingdom of Victor Emanuel, March 1, 1860 . . 513

Decree of the Government of Emilia Proclaiming a Plebiscite on the Question of
Union with the Constitutional Kingdom of Victor Emanuel, March 1, 1860 . .

Letter of Cavour to Villamarina, Minister of Sardinia at Naples, March, 1860 . . . 523
Bon-Compagni Resigns the Office of Governor General, March 2, 1860 . . . . . 523

Proclamation of the Tuscan Council of Ministers Regarding the Duty of the” Tuscan
People, March 5, . 525

Rules for the Publication of the Results of the Plebiscite in Emilia, March 13,
Proclamation of the Results of the Plebiscite in Tuscany, March 15, 1860 . . . . 529
Proclamation of the Results of the Plebiscite in Emilia, March 15, 1860 . . . . 533

Formal Presentation of the Results” of the Plebiscite of Emilia! to King Victor
Emanuel II and His Reply . . . . 535

Royal Decree Accepting | the Popular Vote of Emilia and Uniting it to the Sardinian
State, March 18, 1 . 537

Savoy and Nice, 1860

Napoleon III Asserts the aim of France to > Savoy on n the Openin of the Legislative
Chambers, March 1, 1860 8 . 538

Answer of Sardinia to France Agreeing to the Principle of Self-Determination,
March 3, . o... o. . 5

Proclamation by the Governor of Annecy Announcing that t there will be : a Popular
Vote, March 8, 1860 .

Dispatch of the British Ambassador at Paris to Lord John Russell, March 9, 1860 . 544
Proclamation by the Governor of Chambéry, March 10, 1860 . . . . . . . 545
Protest of the Swiss Government Against the Annexation of Savoy to France, March

Views of the French Government on the Swiss Protest, March 13, 1860 . . . . 548
Swiss Protest to Sardinia, March 14, 1860 . . . . . . . +. . +. . . . +. 550

Declaration Signed by Inhabitants of Northern Savoy, Asking for Union with
Switzerland, March 16, 1860 . 552

Address to Napoleon III by a Deputation from the Provincial and Municipal
Councils of Savoy, Protesting Against the Separation of Chablais and Faucigny,
March 21, 1860 . . 554

XX

CONTENTS

PAGE

Address to Victor Emanuel by the Municipality of Ni Nice, Protesting Against
the Proposed Annexation, March 19, 1860 . . . 558

Notes Exchanged Between Switzerland, France and Sardinia, March, 1860 . . . 560

Treaty Between France and Sardinia for the Union of Savoy and Nice with France,
Signed at Turin, March 24, 1860 . . o. o. .

Proclamation of Victor Emanuel to the Inhabitants of Savoy and Nice, April 1, 1860 . 569
Speech of Victor Emanuel on Opening the Sardinian Parliament, April 2, 1860 . . 571
Proclamation of the Provisional Governor of Savoy, April 4, 1860 . . . . . 572
Proclamation of the Governor Regent of the City and County of Nice, April 5, 1860 . 574

Address to the Sardinian Parliament by the Deputies Elected from Savoy | to that
Body, April 5, . 57

Cavour Assures the Swiss Government that France will not take Possession until
after the Plebiscite, April 6, 1 en

Proclamation of the Provisional Governor of the District of Ni ice, Fixing the Details
of the Election, April 7, 1860 . . . oe

- Proclamation of the Syndic of the City of Nice, April 8, 1860. . . . . . 581

Proclamation of the Syndic of the City of Nice, Regarding Registration, April 8,
1860 . 583

Proclamation of the Governor Regent of the Province of Chambéry Regarding the
Details of the Election, April 7,

Circular « of Instructions Issued to the Syndics of Savoy by the Governor, April 9

The Swiss Federal Council Renews Its Protest to the Powers, April 11, 1860 . . . 588

Circulars Sent by the Intendant Regent of Faucigny to the Syndics, Communal
Magistrates, ( Governors of Charitable Associations : and Public F unctionaries, April,

. 591

The Vote ote of the County of Nice as Announced by the Court of Appeals, April 28, 595

Result of the Plebiscite of Savoy a as Proclaimed by the Municipal Junta of Chambery,
April 29, 1860 . 597

The Vote of Savoy by Districts and Communes, as Announced by the Court of
Appeals, April 29, 1860 . en . .

Observations of the President of the Council of Ministers on Presenting to the
Sardinian Chambers the Bill giving Execution to the Treaty of Turin, May 12, 1860 600

Extract from Discussion Regarding the Votes of Savoy and Nice. Italian Chamber
of Deputies, May 25, 1 . 603

Statement of the Position of Great Britain Regarding the Vote, May 15, 1860 . . 615
Report Made to the Emperor by the Minister for Foreign Affairs, Regarding
the Treaty of Turin, June 11, 1860 . . 617

Senatus-Consulte uniting Savoy and the District of Nice to France, June 12, 1860 . 619

Sicily and Naples, 1860

Garibaldi Assumes the Dictatorship of Sicily, May 14, 1860 . . . . . . +. . 620

The Sardinian ( Constitution is Proclaimed the Fundamental Law of Sicily, August 3, > eo
1

Cavour presents to Parliament a Bill for Annexation by Royal Decree of those
Provinces of Central and Southern Italy | in which there shall be a Direct Popular
Vote for Union, October 2, 1 es ne + .

CONTENTS xxi

PAGE

Convocation of the Popular Assemblies of the Neapolitan Provinces for the Plebis-
cite, October 8, . . o... .

Convocation of | of the Assembly of the Representatives of the Sicilian People October 9

Convocation of the Popular Assemblies of Sicily for a Plebiscite on the Question
of Union with Italy under Victor Emanuel, October 15, 1860 . .

Garibaldi Decrees the Union of the Two Sicilies with the Constitutional Kingdom
of Victor Emanuel, October 15, .

Proclamation of the Pro-Dictator of Sicily Urging a Vote for Union, October 15,
Circular to the Governors of the Provinces Regarding the Plebiscite, October 16,
Formal Minute of the Result of the Plebiscite of ime Neapolitan Provinces as Pro-

claimed by the Supreme Court, November 3,

Formal Minute of the Result of the Plebiscite i in Sicily as s Announced by the Supreme
Court of Justice of Palermo, November 4,

Presentation of the Plebiscite of Naples to Victor Emanuel, November 7, 1860 . . 648

Royal Proclamation Accepting the Vote < of the Neapolitan: and Sicilian Peoples,
November 7, 1860 .

Proclamation of Victor Emanuel to the People of Sicily on Entering Palermo, | De-
cember 1, 1860 . . . . . . ew La . 650

Formal Minute of the Acceptance of the Sicilian Plebiscite by King Victor Emanuel,
December 2, 1860 . . 651

Royal Decree of Annexation of the Nespoitan Provinces to the Kingdom of Italy,
December 17, . . . . oe .

Umbria and the Marches, 1860

Appointment of Lorenzo Valerio as Commissioner General Extraordinary for the
Provinces of the Marches, September 12, 1 o. o. o.

Appointment of Gioacchino Pepoli as Commissioner General for Umbria, Septem-
ber 12, 1860 . rn nn

Convocation of the Popular Assemblies of the Provinces of the Marches to Vote on
the Question of Union with the Constitutional Kingdom of Italy, October 21, 1860 657

Proclamation of the Royal Commissioner to the People of the Marches, October 21,
Convocation of the Popular Assemblies of the Provinces of Umbria, October 21, 1860 . 665

Formal Minute of the Result of the Plebiscite : in the Provinces of the Marches,
November 9, 1860 . . . . . 667

Formal Minute of the Result of the Plebiscite in the Provinces of Umbria, Novem-
ber 3 and 9, 1860 . . . . … o... . . 670

Formal fact of Acceptance of the Plebiscite of the Marches and of Umbria, November 6

Royal Decree of Annexation of the Marches to the Italian State, December 17, 1860 . 677

Venetia, 1866

Convention Between Austria and France for the Cession of Venetia by Austria
to France. Signed at Vienna, August 24, 1866 . o.

Treaty of Peace Between Austria and Italy. Signed at Vienna, October 3, 1866 . . 681

XXII CONTENTS

PAGE

Report by the President of the Council to Victor Emanuel Recommending that a
Plebiscite be Held in the Venetian Provinces, October 7, 1866 .

Royal Decree Convoking à the Popular Assemblies in the Venetian Provinces,
blished October 19, .

Formal Minute of the Delivery of Venetia to the Venetian Authorities by the
French Commissioner. Signed at Venice, October 19, 1

Formal Minute of the Result of the Plebiscite of the Venetian and Mantuan Pro-

vinces, October 27, 1866 . o. o. . + « . 694
Royal Decree Uniting Venetia to the Kingdom of Italy, November 4, 1866. . . . 701
Ratification of the Decree of Union, January 30, 1867 . . . . . . . . . . 702

Rome, 1870

Proclamation of Cadorna After the Taking of Rome, September 20, 1870 . . . . 704

Election of: a Provisional Administrative Giunta by : a Popular Assembly, September 705

Cadorna appoints a Provisional Giunta, September 22, 1870 . . . . . . .706
Dispatches of Mr. Jervoise to Earl Granville, September 27 and 28, 1870 . . . 707

Proclamation of the Roman Giunta Fixing the Date and Form of the Plebiscite,
September 29, 1870 . . . . .

Rules of Procedure for the Plebiscite, September 29, 1870. . . . . . . . .709
Authentic C Copy ot the Statement of the Votes Cast in the Leonine City, October me

Formal Minute of the Result of the Plebiscite, October 6, 1870 . . . . . . . 715

Formal Minute of the Presentation of the Plebiscite | to King Victor Emanuel H, Oc-
tober 9, 1870 . . 720

Royal Decree Incorporating the Roman Provinces in the Kingdom of Italy, October 724
MOLDAVIA AND WALLACHIA, 1857

Conference of Vienna.— Extracts from Memorandum Communicated by the Pleni-
potentiaries of Austria, France, and Great Britain, to Prince Gortshakoff, December 7
28, 1854 . + + +

Development of the First Point of the Memorandum, March 15, 1855 . . . . 727

Proposition of Prince Gortchakoff Advocating Consultation of the Principalities,
March 17, 1855 . oo. . . 728

Development of the First Point of the Memorandum as Finally Adopted, March 730

Congress of Paris E Extracts from n Protocols Nos. I, 6, 8, and 22, February 25-April
16, 1856 - 732

Treaty of Peace Between Austria, France, Great Britain, E russia, Russia, Sardinia
and the Ottoman Porte, Signed at Paris, March 30, 1856 . .
Instructions Issued by the Congress of Paris to the Special Commission for the
Principalities, April 8, 1856 . on ee . +. + 746
Firman of Convocation of the Divans ad hoc of Wallachia and of Moldavia,
Adopted January 13, 1857 . . . o... . .
Manifesto of the Electoral Committee of Jassy, March 10/22, 1857 . . . . . . 757
Extracts from Protocols Nos. 1-6, 9, 11-14, 17, 19, 21, 22, 25 and 34 of the European
Commission on the Reorganization of Moldavia and Wallachia, May 18 to
December 28, A ww le ke lk

CONTENTS xxiil.

PAGE

Address of the Moldavian Patriots to the European Commission at Bucharest,
Protesting Against the Electoral Lists Published by the Caimacam, June 8-20, 1857 . 802

Memorandum Interpreting the Firman of Convocation of the Divans ad hoc, J une

11-17, 1857
a Certificate of Election Prescribed by the Moldavian Government, J une,

Identic Note Sent to the Porte by the Representatives of France, Prussia, Russia
and Sardinia, June 25, 1857 . o. . o.

Protest and Resignation of | Alexander Couza as Prefect of Galatz, June 24/July

6, 1857 . . 815
Notes of Lord Stratford de Redcliffe and Baron Prokesch-Osten to Reschid
Pacha Opposing Adjournment of the Moldavian Elections, July 18, 1857 . . 818

Address of the Metropolitan of Moldavia to the European Commisston at Bucharest,
July 10/22, 18570...

Identic Note of Aali-Ghalib Pacha to the Representatives of France, Prussia,
Russia and Sardinia, July 30, 1857 .

Decree of the Caimacam of Wallachia Regarding Registration, July 18/30, 1857 . 822

Identic Note of Aali Pacha to the Representatives of France, Prussia, Russia and
Sardinia, August 4, 1857 . . . nn

Manifesto of the Central Committee of Bucharest (Wallachia), August 3/15, 1857 . 826

Dispatches of Aali Pacha to the Caimacam of Moldavia, Ordering : a New Electron,
August 24, 1857 . o. . 828

Vote of Union with Wallachia Passed by the Divan ad hoc of Moldavia, October 830

Vote of Union with Moldavia Passed by the Assembly a ad hoc of Wallachia, Oc- .
tober 9, 1857 . + . 831

Extracts from Report on the Reorganization of the Principalities of Moldavia and
Wallachia. A ddressed to to the Congress of Paris dy the European Commission,
pril 7, . . rn . . o.

Vote of Wallachia Electing Alexander John Couza Prince of Wallachia, January 837

JonIAN ISLANDS, 1863

Vote of the Ionian Assembly for Union with Greece, January 27, 1859 . . . . 838
Petition of the Ionian Assembly to the Queen, January 30, 1857 . . . . . . 838

Address of the Lord High Commissioner on Delivering the Reply of the Queen to
the Petition of the Assembly, February, 1859 .

Dispatch from Sir H. Storks, KCB. to the Right Hon. Sir E. B. Lytton. Bart
February 21, 1859 . e

Resolutions Presented to the Ionian Assembly. March, 1861 . . . . . . . 841

Notification of Warning by the Lord High Commissioner to the Assembly,
March 12, 1861 . . . . . 843

Prorogation of the Assembly, March 12, 1861 . . . . ... . . . . +. . 844

Dispatch of Earl Russell to the British Representatives at Foreign Courts Concern-
ing Announcement that the Question of Union Shall Be Left to the Ionian
Assembly, June 10, 1863 . . . . . . . .

Treaty Between Great Britain, France and Russia, on the One Part, and Denmark,
on the Other Part, Relative to the Accession of Prince William of Denmark
to the Throne of Greece, Signed at London, July 13, 1863 . . . . 8

XXIV CONTENTS

PAGE

Protocol of the Conference Held in London by Plenipotentiaries of Austria, France,
Great Britain, Prussia and Russia, August 1, . 850

Address of the Lord High Commissioner of the United States of the Ionian Islands,
to the Legislative Assembly of the Said States, Convoked for the Purpose of
Voting on the Question of Union. . .

Decree of the Ionian Assembly for Union with the Kingdom of Greece, September 853

Treaty Between Austria, France, Great Britain, Prussia and Russia, Regarding the
Union of the lonian Islands to the Kingdom of Greece, Signed at t London,
November 14, 1863 . .

Treaty Between Great Britain, France and Russia on the One Part, and Greece on
the Other Part, Respecting the Union of the Ionian Islands with the Kingdom of
Greece, Signed at London, March 29, 1 .

THE ScHLESWIG QUESTION, 1848

Address of the Provisional Government of Schleswig-Holstein to the People of
Denmark, Proposing a Vote of North Schleswig as to Union with Denmark or
Germany, March 31, 18488. . . . . . . . . o.

Protest by the Provisional Government of Schleswig-Holstein Against the Proposal
of a Separation of North Schleswig According to Nationality, Made to the
Germanic Diet by the Prussian Minister for Foreign Affairs, May 17, 1848 . . 866

Reply of the Prussian Minister of Foreign Affairs to the Provisional Government
of the Duchies, May 19, 1848 . ee eee ee ke

Reply of the Provisional Government to the Prussian Minister, May 22, 1848 . . 871

Correspondence Between the British Secretary of State for Foreign Affairs and the
Prussian Minister in London, Concerning the Prussian E roposal of a Division of
Schleswig According to Nationality, May and June, 1 . +

Extract from the Discussion of the German National Assembly, Session of June

Dispatch of the French Minister | of Foreign Affairs to > the French Plenipotentiary
at London, March 20, 1864 .

Protocols of Conferences Held at London Between Great Britain, Austria, Denmark,
France, Germanic Confederation, Prussia, Russia, and Sweden and Norway, for
the Reestablishment of Peace Between Austria, Prussia and Denmark, April

25 to June 22, 1864 . . . . . . ... ke . . 886
Treaty of Peace Between Austria and Prussia on the One Part and Denmark on
the Other Part, Signed at Vienna, October 30, 1864 . o... 933

Treaty of Peace Between Prussia and Austria, Signed at Prague, August 23, 1866 . 935
Prussian Note to Denmark Concerning a Plebiscite in North Schleswig, June 30, 937

Treaty Between Austria-Hungary and Germany, Modifying Article V of the Treaty
of Prague, Signed October 11, 1878 . . . 942

THE ISLANDS OF ST. THOMAS AND ST. JoHN, WEST INDIES, 1868

Extracts from Correspondence Concerning the Proposed Cession of the Islands of
St. Thomas and St. John dy Denmark to the United States, July! 17, 1866-

October 24, 1867 . . 945
Mr. Seward to Mr. Raasloff, July 17, 1866. . . . . . . . . . . . . 945
Mr. Yeaman to Mr. Seward, May 17, 1867 . . . . . . . we . . . . 945

Mr. Seward to Mr. Yeaman, May 27, 1867 . . . . . . +. . . ew . . . 946

CONTENTS XXV

PAGE

Draft of the Treaty Accompanying the Above . 947
Mr. Yeaman to Count Frijs, May 28, 1867 . . . . . . . . +. +. . +. . 948
Mr. Yeaman to Mr. Seward, June 17, 1867 949
Mr. Yeaman to Mr. Seward, July 12, 1867 . . . . . . . +. +. +. +. +. 951

Mr. Yeaman to Mr. Seward, July 22, 1867 . . . . . +. +. +. +. . è . 953
Mr. Yeaman to Mr. Seward, August 17, 1867 . . . +. . . . +. . +. +. . 955

Mr. Yeaman to Mr. Seward, September 27, 1867 . . . . . . +. +. +. +. « 956
Mr. Yeaman to Mr. Seward, October 1, 1867 . . . o... 956
Inclosure: Mr. Raasloff to Mr. Yeaman, October 1, 1867 . . . . . . . . 957

Mr. Yeaman to Mr. Seward, October 3,1867 . . . . +. 2 +. © © «© « « 957
Mr. Yeaman to Mr. Seward, October 7, 1867 . . . . . 2 +. 2 + « . . 958
Mr. Seward to Mr. Yeaman, October 24, 1867 . . . . 2 . +. è... « « 959

Uncompleted Treaty Between the United States of America and His Majesty the
King of Denmark Concerning the Cession of the Islands of St. Thomas and St.
John, Signed at Copenhagen on October 24, 1867 .

Extracts from Correspondence Between Secretary Seward and the United States
Agents in the Islands, October 26-December 4, 1867 . . . . . . . . +. .

Mr. Seward to Reverend Charles Hawley, October 26, 1867 .
Mr. Hawley to Mr. Seward, November 13, 1867 .

Mr. Hawley to Mr. Seward, November 22, 1867 .

Mr. Hawley to Mr. Seward, November 29, 1867 .

Mr. Hawley to Mr. Seward, November 30, 1867 .

Mr. Perkins to Mr. Seward, December 4, 1867

Inclosure: Royal Proclamation to the Inhabitants of the Islands of St Thomas
and St. John, October 25, . ee

Address of Merchants of St. Thomas to the Danish Commissioner. . . . . . . 970

Proposed Additional Articles to the Convention Between Denmark and the United
States of America Made at Copenhagen on October 4, 1867 . . 971

SRAR BRR

Letter from Mr. Seward to Mr. Hawley, December 16, 1867 . . . . . . . . 972
The Result of the Election
Extract from the St. Thomas Tidende, January 11, 1868 . . . . . . . . +. 974
Mr. Perkins to Mr. Seward, January 13, 1868 . . . . . . +. +. . +. . +. 975

THE PERIOD OF 1871-1914
St. BARTHOLOMEW, WEST INpIES, 1877

Treaty Between France and Sweden for the Retrocession of the Island of St. Bar-

tholomew by Sweden to France, Signed at Paris, August 10, 1877 . . . . . 977
Protocol After the Plebiscite, Regarding the Details of the Delivery of the Island
to France, October 31, 1877 978

Statement of the Reasons for Support of the Bill Approving the Treaty, Presented
to the French Chamber of Deputies by Duke Decazes, Minister of Foreign. Af-
fairs, November 12, 1877 980

xxvi CONTENTS

THE TACNA-ARICA QUESTION, 1883—

Extracts from the Correspondence Between the Secretary of State of the United
ptates and the United States Minister Plenipotentiary to Chile, June 26, 1882-

July 2, 1883
Mr. Frelinghuysen to Mr, Logan, June 26, 1882 .
Mr. Logan to Mr. Frelinghuysen, October 26, 1882 .
Inclosure: Mr. Logan to Sefior Aldunate, October 18, 1882 .
Peace Protocol Between Novoa and Iglesias . en
Treaty of peace anc and Friendship Between Chile and Peru, Signed at Ancon, October

The Jiménez-Vial Solar Protocol, Signed January 26, 1894 .
Uncompleted Secret Treaty Between Chile and Bolivia, Signed May 1 18, 1895 .
The Billinghurst-Latorre Protocol, Signed April 16, 1898 .

PAGE

985
987
987
991

992
995
997

. 1000

Treaty of Peace, Friendship, and Commerce Between Bolivia and Chile, Signed 1,

__ at Santiago, October 20, 1904 .
Extracts irom the Notes Exchanged Between the Chancelleries of Peru and of Chile,

The Minister of Foreign Relations of Peru to the Minister of Foreign Relations

012

of Chile, with Reference to the Treaty of Peace Between Chile and Bolivia, > 012

February 18, 1905

The Minister of Foreign F Relations of Chile to the Minister of Foreign Relations
of Peru, Proposing a Conference, March 15, 1905 .

. 1014

The Minister of Foreign Relations of Peru to the Minister of Foreign Affairs 5 1021

of Chile, Accepting the Proposal for a Conference, April 25, 1905 .

Confidential Communication from the Chilean ongnister of Foreign Affairs to Sr.
Seoane, Special Envoy of Peru, March 25, oe se

Reply of Sr. Seoane, May 8, 1908 .

1025

. 1029

Summary of the Chilean and Peruvian Proposals for the Holding of the Plebiscite, "1046

with Observations by the Peruvian Foreign Office, December 23, 1

Proposal Regarding the Plebiscite Made by the Peruvian Government, November 104

THE SEPARATION OF NORWAY FROM SwEDEN, 1905

Address to the King by the Riksdag Postponing Negotiations Regarding Separation
Dntil After a Further Expression of the Desire of the Norwegian People, July
Report to the Storting by the Norwegian Department of Justice Recommending a
Plebiscite in Norway, Approved by Resolution of the Norwegian Government of
the Same Date, July 27, 1905 . on ne + + ne ee

Draft of Regulations for the Plebiscite Submitted with the Above Report .

. 1051

1053
. 1057

Circular of Instructions from the Department of Justice to the Registration Officers |

and Boards of Election, July 29,
Circular of the Department of Ecclesiastical Affairs to the Clergy, July 29, 1905 .

. 1069

Report of the c Norwegian Department o of Justice Regarding the Plebiscite Held August y
070

13/21,

INDEX

. 1075

Chronological List of Cases of Change of Sovereignty in which the Right
to Self-Determination Has Been Recognized

PERIOD OF THE FRENCH REVOLUTION

1791 Avignon and the Comtat Venaissin annexed to France after plebiscites
1792 Savoy annexed to France after a plebiscite.
1793 Nice annexed to France after a plebiscite.
The Belgian Communes and Liége annexed to France after plebiscites.
Communes of the Rhenish Palatinate and Alsace annexed to France after plebiscites.

1798 The Republics of Mulhausen and Geneva annexed to France after votes of citizens.
Perıon oF 1848-1870

1848 The Italian Plebiscites of 1848. Lombardy, Venetia, Parma, Modena, Piacenza, and
Reggio annexed to the Kingdom of Sardinia after plebiscites.

1848 The Schleswig Question. Proposals by Prussia and the Germanic Confederation for
the division of Schleswig by a plebiscite in Northern Schleswig.

1856 Reorganization of the Danubian Principalities. The Treaty of Paris established a
European Commission to consult with Assemblies ad hoc in Moldavia and Wal-
lachia. Signed April 27, 1856.

1859 The Italian National Assemblies of 1859. Tuscany, Modena, Parma, Piacenza, and
Romagna.

1860 The Italian Plebiscites of 1860. Tuscany, Emilia (Parma, Modena, Romagna), Naples,
Sicily, the Marches, and Umbria annexed to the Kingdom of Sardinia after
plebiscites.

Savoy and Nice annexed to France after plebiscites. The Treaty of Turin, signed
March 24, made the cession by Sardinia conditional on a consultation of the in-
abitants.

1864 The Ionian Islands ceded by Great Britain to Greece after a vote of the Legislative
Assembly of the Islands, especially elected by qualified suffrage. The Protocol of
London, signed August 1, and the Treaty of London, signed December 14, 1863, be-
tween Austria, France, Great Britain, Prussia, and Russia, stipulated for a vote
of the Legislative Assembly of the Islands.

1864 The Schleswig Question. Conferences of London for the settlement of the Danish
Question.

1866 Venetia annexed to Italy after a plebiscite.

1866 The Schleswig Question. The Treaty of Prague between Prussia and Austria, signed
August 23, 1866, made the transfer of Northern Schleswig conditional on a free
vote of the population. Abrogated by the Treaty of Vienna between Prussia and
Austria, signed October 11, 1878.

1867 The Danish West Indies. The uncompleted treaty between the United States and
Denmark, signed October 24, for the purchase of the islands of St. Thomas and
St. John (D. W. I.), contained a stipulation making the cession conditional on the
consent of the population in the islands. The plebiscite was held in January, 1868.

1870 The City and Provinces of Rome united to Italy after a plebiscite.
Periop oF 1871-1914

1877 St. Bartholomew (W. I.) annexed to France after a plebiscite. The Treaty of Paris
between Sweden and France made the cession conditional on the consent of the
population. Signed August 10. |

1883 Tacna and Arica. The Treaty of Ancon between Chile and Peru provided for a
plebiscite in Tacna and Arica (Peruvian provinces occupied by Chile) after ten
years. Signed October 20.

1905 The Separation of Norway from Sweden by a plebiscite in Norway.

Bibliographical List of Principal Works Consulted

Acta Senctae Sedis in compendium opportune redacta et illustrata. Rome, 1870-71. Vol. 6.

Acte si documente relative la istoria renasceres Romaniei. Edited by Dimitrie A. Sturdza
and C. Colescu-Vartic. Bucharest, 1896. 9 vols.

American Journal of International Law. New York, 1907-.
ANDRÉ, J. F. Histoire de la révolution avignonnaise. Paris, 1844.
Annuaire des deux mondes. Histoire générale des divers états. Paris, 1851-1868. 14 vols.

Arancio-Ruiz, GAETANO. Storia constituzionale del regno di Italia (1848-1898). Florence,

Archives diplomatiques; recueil de diplomatie, d’histoire et de droit international. Paris,

AUDINET, EUGÈNE. La prescription acquisitive. Revue générale de droit international public.
1896. Vol. 2, p. 313.

BANCROFT, FREDERIC. The Life of William H. Seward. New York, 1900. 2 vols.

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arrondissements d'Avignon, de Carpentras, d'Apt et d'Orange. Carpentras, 1841. 2
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BELAUNDE, Victor ANDRÉS. Nuestra cuestión con Chile. Lima, 1919.

BEAUFFORT, Rocer, Comte de. Histoire de l'invasion des Etats Pontificaux et du siége de
Rome par Parmée italienne en Septembre 1870. Paris, 1874.

BLUNTSCHLI, JOHANN KASPAR. Le droit international codifié. Translated by M. C. Lardy.
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Bourceo1s, J. L’Annexion de la Savoie à la France. Revue générale de droit international
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Bourceo1s, Lton. Pour la société des nations. Paris, 1910.
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BRENNAN, Rev. RicHArD. A Popular Life of Our Holy Father Pope Pius the Ninth. 4th
ed. New York, 1877.

Brissaup, JEAN Baptiste. A History of French Public Law. Translation by James W.
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A Study of the Theory and Practice of
Plebiscites

HISTORICAL SUMMARY

Discussion of the doctrine of national self-determination falls naturally
into three periods. At least this is true when the discussion, as in this vol-
ume, deals exclusively with national self-determination as a factor in changes
of sovereignty through separation, cession and annexation.

The history of the doctrine properly begins with the French Revolution.
Born of the political principles and practical problems of the Revolution, the
doctrine was adopted as the guiding principle in foreign relations, was applied
in good faith in the annexations of Avignon, Savoy, Nice, and used as a
political subterfuge in the later annexations of the Belgian Communes and
the Rhine Valley, only to be utterly destroyed by the growing ambition for
conquest over a world of enemies.

The next and most prosperous period of its history is from 1848 to 1870.
Revived by the national aspirations for self-government in 1848; resorted
to by the Italian patriots; adopted as their own by Prussia and the Germanic
Confederation as the solution for the Schleswig question; adopted by the
Congress of Paris of 1856, it grew rapidly in prestige and by 1859 had en-
listed the almost undeviating adherence of three of the four leading states-
men of the time — Cavour, Russell and Napoleon — and the temporary sup-
port of Bismarck. Recognized as the creative force of the new Italian king-
dom; made the basis of the union of Tuscany, Emilia, Sicily, Naples, the
Marches, and Umbria; repeated in the subsequent union of Venetia and
Rome; stipulated in the treaty of Turin for the cession of Savoy; endorsed,
though unsuccessfully, by the chief Powers at the Conference of London as
the only solution for the Schleswig question; followed by Great Britain
in her cession of the Ionian Islands to Greece; inserted in the treaty of Prague
between Austria and Prussia — by 1866 the method of appeal to a vote of the
inhabitants, either by plebiscite or by representative assemblies, especially
elected, bade fair to establish itself as a custom amounting to law. Another
philosophy was rising, however. The Prussian annexation of Schleswig in
1867, without regard to the provisions of the treaty of Prague and the
annexation of Alsace-Lorraine in 1871 dealt the principle a blow which, the
world being under German tutelage in matters of historical criticism and the

2 PLEBISCITES

philosophy of the State, was practically fatal. After 1870 it was given a
nebulous continuance by the treaty of 1877 between France and Sweden for
the cession of St. Bartholomew, and by the treaty of Ancon between Chile and
Peru. The ascendancy of the doctrine of political opportunism, however,
found accurate expression in the Congress of Berlin. A second Congress of
_ Vienna, it was to have the same result, for the doctrine of national self-
determination, abandoned by diplomats, was to have henceforth a place in
the platform of every liberal or radical movement and with the outbreak of
the war in 1914 was to become the symbol of regeneration for every subject
nationality.

The doctrine of national self-determination is based on and inseparable
from that of popular sovereignty. Before the French Revolution sovereignty
looked to the land, not to the inhabitants. Change of sovereignty through
inheritance or marriage of the reigning prince, through barter or through
conquest was the recognized and legitimate order. Title so acquired was ad-
mittedly valid without appeal to the will of the inhabitants.

To the philosophers of the French Revolution the right of conquest, rea-
sonable adjunct as it was of the divine right of kings, was incompatible with
the right of peoples to choose their own rulers. To assert that a conqueror
could retain his domination over the inhabitants of a conquered territory
against their will was to deny the doctrine of popular sovereignty and to
change free men back to slaves. In order to harmonize external relations
with the basic principles of the new order the doctrine of no annexation with-
out consultation of the inhabitants was formulated, a doctrine new in the
experience of Europe. Yet as no new doctrine of political philosophy springs
full grown upon a startled world, but always, after the event, seeds of it
may be found in the words of men of thought and may be discerned in events
long antedating its period of maturity, so it is true in this instance that writers
had indicated the principle, subjects had appealed to it, and a few astute rulers
had made use of it before the final adoption as a national policy by leaders of
the French Revolution. f

Historians in discussing the origins of the doctrine refer ‘to the case of
the provinces ceded by Louis IX to Henry III of England in the thirteenth
century, against which cession the nobles of the provinces in question protested
as contrary to their rights,’ and also to the refusal of the people of Guienne
to be separated from the kingdom of England, notwithstanding the grant and
donation of Richard the Second.? However significant these instances may be,
there is far greater importance in the attack on title by conquest and the ridi-

1L. E. A. D. H. de la Guéronnière, Le droit public et l'Europe moderne, vol. 1, p. 434.
2 Samuel von Pufendorf, De jure naturae et gentium, lib. 3, pp. 809, 831, citing Froissard,
1.4. Polyd. Virgil. Hist. Angl. 1.20.

HISTORICAL SUMMARY 3

cule of historical arguments as claims to sovereignty over alien peoples, pub-
lished by Erasmus in the Adagiorum Chiliades, is 1517.1 Erasmus stated in
precise language that authority over men and beasts is not of the same order,
that all power and authority over people rests on their consent, and that title
by conquest is a fallacy. In view of the great influence of Erasmus on con-
temporary thought, and the immense popularity of his writings,? it is not
surprising that the only two cases of deliberate appeal to the doctrine by rulers
themselves which occur before the eighteenth century should follow shortly
on his words. The first of these occurred in 1527, when Francis I of France,
perceiving the political value of the principle, used it as a weapon of diplomacy
by appealing to the estates of Burgundy in order to invalidate the cession of
the duchy which he had just made to Charles V by the treaty of Madrid.?
The second resort to the principle was made by his successor, Henry Il, who
appears to have desired its sanction for annexing Toul, Metz and Verdun,
and caused a vote of the people to be taken before annexation. Whether or
not this vote was by universal suffrage, it would seem to be the only one at
all approaching the character of a plebiscite occurring before the Revolution.‘

The next century saw the beginning of the formulation of principles of in-

1 For an excellent. English translation, cf. J. W. Mackail (ed.), Erasmus, Against War,
p. 50. .

2 The essay containing the passage cited was printed separately in April, 1517. Half
the scholarly presses of Europe were soon employed in reprinting it. Within ten years
it had been reissued at Louvain, twice at Strasburg, twice at Mayence, at Leipsic, twice
at Paris, twice at Cologne, at Antwerp and at Venice. German translations of it were pub-
lished at Basel and at Strasburg in 1519 and 1520, and an English translation appeared in
London in 1533. Mackail, p. xxiv.

8 The account given by Francois Guizot, in P’Histosre de France, vol. 3, p. 96, is to the
effect that Francis had no intention of carrying out the treaty which, he protested before
signing, was void because wrung from him by force. Before executing the treaty he sum-
moned the estates of Burgundy at Cognac. They formally repudiated the cession as con-
trary, they said, to the laws of the kingdom and the rights of the king who could not
alienate, on his own authority alone, any portion of his estate. Francis then called the
envoys of Charles V to a solemn meeting of his council and court at Cognac, where the
deputies from Burgundy repeated their protest, which Charles asserted was an insurmountable
obstacle to the execution of the treaty. Cited also by Emmerich de Vattel, Le droit des gens,
lib. 1, p. 263, and by de la Guéronniére, vol. 1, p. 432.

Louis Michon in Les traités internationaux devant les Chambres, p. 24, says that the clause
in the treaty of Madrid reserving the approbation of the estates referred only to the estates
of Burgundy and implied the consent of the representatives of the ceded district. If this
were so, this treaty would be the first to contain such a clause. On examination of the
treaty it appears, however, that the clause plainly refers to the States General of the kingdom
and was meant as a legislative sanction only.

¢ The story runs that the bishop of Verdun said to his people “que le roi de France était
venu comme libérateur, qu'il voulait traiter les bourgeois comme de bons Francais et que,
bien éloigné d'user de mesures de rigueur, il en appelait au vote libre du peuple.” Emile
Ollivier, L'Empire libéral, vol. I, p. 165. Ollivier cites Janssen, Frankreichs Rheingelüste,
p. 28. as his authority. |

4 PLEBISCITES

ternational law. Grotius, writing in 1625, said, ‘ In the alienation of a part
of the sovereignty, it is also required that the part which is alienated consent
to the act,” * and Pufendorf wrote in 1672, “ But in the alienation of a part
of the kingdom, besides the king's consent, there is required not only the
consent of the people which continues under the old king, but the consent of
that part too, especially, whose alienation is at stake.” ? This view was echoed
by Vattel in the eighteenth century. The numerous transfers of territory
made in the seventeenth and eighteenth centuries, however, were made with-
out further concession to these teachings than that of a grant of the right
of option. By this right the individual inhabitants of the ceded territory
were allowed a definite period of time to choose between the two allegiances
and to remove themselves and their property, should they: choose to remain
under the ceding State.‘

This was the only alleviation of the ancient rule that the sovereignty of
the conqueror extended to all inhabitants of a conquered country without re-
gard to individual desires. Even the several partitions of Poland appear to
have caused no comment on the score of disregard of the popular will. Con-
quests by kings for their own aggrandisement, for economic markets, for stra-
tegic values, proceeded with scarcely a challenge save as they disregarded
treaty rights.

The American Revolution had effected a lasting change in the relation of
the citizen to the State. The French Revolution brought about far-reaching
changes not only in the internal but also in the external relations of the State.
The Revolution was almost immediately confronted with questions of the
relations of States as to territorial matters. It was evident that the old
principles of territorial cession which confounded the State with the prince
were wholly unsuited to the new doctrine of popular sovereignty which, when
established within the State, implied as a corollary that no change of sover-
eignty was legal without the consent of the people concerned. To the leaders
of the Revolution, devoted to abstract principles as guides for action, this

1 “Tn partis alienatione aliud insuper requiritur, ut etiam pars de qua alienanda agitur con-

sentiat.” Hugo Grotius, De jure belli ac pacts, lib. 2, cap. 6, sec. 5. The translation is by
Whewell.

2“ Sed in alienatione partis praeter consensum regis requiritur non solum populi, qui
sub pristino rege remanet, sed vel maxime consensus illius partis, de qua alienanda agitur.”
Pufendorf, bk. 8, ch. 5, $ 9. The translation is by Basil Kennett.

8 Vattel, lib. 1, chap. 21, $$ 263-64.

4The first example of a clause of option in a treaty of cession given by Calvo is that
in the treaty of Ryswick (1697), Article 17 of which reads “Qu’il soit permis à tous ceux
des habitants de la ville de Strasbourg ou des dépendences, de quelque condition qu'ils soient,
qui voudront émigrer, de transférer leur domicile au lieu où il leur plaira et d’y transporter
leurs meubles, en franchise de tous droits, dans le délai d'une année á partir de la ratification
du traité de paix.” A similar clause appears in the Treaty of Utrecht (1713). Carlos Calvo,
Le droit international théorique et pratique (5th ed.), $ 641.

HISTORICAL SUMMARY 5

admitted of no argument. Nor did they advance the doctrine through fear
of aggression against France. The subsequent course of the Revolution,
which was to terminate as it did in conquests more extended than any others
of modern times, have made men cynical regarding the ideals with which it
opened. The periods of a nation's history when the leaders sacrifice national
material advantage to principle are rare. It is, however, a fact, and one
to the eternal credit of the men who were so soon to abandon their own
doctrines, or, rather, to distort them into their opposites for the sake of na-
tional aggrandisement, that they were sufficiently loyal to their belief in the
principle of self-determination to refrain for almost two years from an-
nexing a small territory, an “ enclave,” of great strategic value — French in
race, language and economic ties — from which came many voices imploring
annexation as the only means to end a devastating civil war. The annexa-
tion was finally granted, but only after the original votes of the communes
had been repeated in a manner which to the Constituent Assembly at Paris
appeared to be reasonably fair, free and significant of the popular will of the
tiny States.

Yet, although there is no doubt from the debates that the philosophers of
the Revolution believed that the abstract principle was an essential of the
universal justice which they were striving to establish, the doctrine had for
them from the first its practical side. Fearful of European resentment at
any aggressive spirit in the revolutionary government, they at once saw that
by insisting on no annexation without expression of popular will they were
to some extent disarming criticism and distrust.

The problem of foreign relations as a practical issue was presented to the
Constituent Assembly in May, 1790, by a letter of the President of the As-
sembly announcing that the armaments of England obliged France to look to
her safety, and that the king had ordered an increase of fourteen ships. Be-
fore discussing the issue of peace or war, the Constituent Assembly thought
it necessary to seek for an abstract principle, to be placed in the new consti-
tution, which should harmonize interest with justice, extend to the world
the blessings of the new gospel and bring peace to Europe. The decree finally
adopted on May 22 ended with an article definitely renouncing for the French
nation all wars of conquest.! This renunciation of conquests is the key to
the history of the doctrine during the Revolution. Convinced of the ethical
and practical value of the renunciation, the Constituent Assembly made every
effort to act in consistency with it, and when later events had led the French

1 Documents, post, p. 177. The declaration was embodied in the Constitution of September
3, 1791, under Title VI, and the Minister of Foreign Affairs, Count de Montmorin, in a
circular letter of September 19, wrote to the French representatives at foreign courts

that the attention of all the European Powers should be directed to that part of the con-
stitution. Ernest Nys, Etudes de droit international et de droit politique, p. 368.

6 PLEBISCITES

armies far beyond the borders of the Republic, the Convention in Paris still
made vain efforts to keep its faith with principle by asserting that the wars
were not for conquest, and that all peoples should be free to choose their own
sovereignty.

The first demand for annexation to revolutionary France was from Avignon
and the Comtat Venaissin. In the heart of the Midi, Avignon and the
Venaissin had for many hundreds of years been under the sovereignty of the
Pope with occasional brief periods of French rule. The partisans of union
in the Constituent Assembly pointed with some show of reason to the faulty
title of the Pope and to the strategic value of Avignon, and were content to
consider the first votes of the communes, cast during the Civil War, as sufh-
cient. They had the Parisian crowd with them, but so devoted was the ma-
jority of the Constituent Assembly to the principle of popular sovereignty
and the recent pledge against conquest that for two years no measures looking
to union could get a majority, in spite of the frequent appeals which came
from the territory itself. In the Constituent Assembly the party for annexa-
tion at any price advanced the flaws in the papal title. The majority, how-
ever, looked on this argument as one of no value to the French claim which
they based on the popular vote. This claim being in their eyes supreme, they
regarded the historical argument for the French title as of use only in the
eyes of a Europe which did not recognize popular sovereignty and whose
sole concern was for treaties and public law. It was only after mediators
had been dispatched to end the civil war which was consuming the territory
and which had rent Provence and moved all France, and after these mediators
had reported that the opposing forces had been pacified and a fair vote taken
in the communes and ratified by the Assembly of elected delegates, that the
Constituent Assembly finally voted the union.*

By both contemporary and later historians, doubt has been thrown on
the fairness of the vote cast. Religious as well as political controversies were
involved. On one side we find united in an effort to discredit the vote both
the Catholic historians and those Protestants whose sympathy with liberal
institutions had been alienated by the later excesses of the French Revolution.
The conditions of the vote, the primitive methods of voting common to the
time,? the presence of the French agents and armed troops, the fact that the
civil war had been an especially vindictive one with numerous atrocities on

1 In their characterization of the plebiscites of the revolution as mere comedies to cover
conquest, some authors include that of Avignon. Cf. Frantz Despagnet, Droit international
public, $ 391, and Alphonse Rivier, Principes du droit des gens, vol. I, p. 208. Such a char-
acterization does not appear, however, to be consistent with the actual nistory of the affair.

2 Voting in the eighteenth century was customarily viva voce. The ballot, although in-

troduced in some of the American States in 1775, was in reality a nineteenth century institu-
tion. The Australian ballot was not introduced in England until 1872.

HISTORICAL SUMMARY 7

both sides — these facts make it impossible to contend that the reproaches are
not well founded, though it appears certain that they are exaggerated. As
for the actual will of the majority having been ascertained, there can be no
doubt. Even the most partisan historians admit that the majority were satis-
fied and that the question of union soon ceased to be a vital one.* The im-
portant aspect, however, is not so much whether the vote taken was actually
fair, but whether the Constituent Assembly intended it to be fair and thought
it.so when it finally acted on it. As to this question, from a careful examina-
tion of the many pages of debate there can be little doubt.

This attitude of the Assembly was repeated even after the war against the
Coalition had been undertaken and French forces were in Savoy and Nice.
Both soldiers and politicians seemed determined to adhere to the fundamental
principles on which the Revolution was based. The attitude of the Assembly
concerning Savoy brought the highest praise from its American sympathizer,
Joel Barlow. It was, he said, an instance forming an epoch in the history of
Europe. “ Here we see a sovereign people, uninfluenced by any fears, hopes,
or connections from abroad, deliberating in the most solemn manner, whether
they will extend their territorial boundaries by the admission of seven new
provinces, inhabited by four hundred thousand freemen who had sent their
deputies to solicit a union. To raise a question on a proposition of this kind
is certainly a new thing in politics. Louis XIV would have carried on a
war for half a century and sacrificed twice that number of his own subjects
to have made such an acquisition for his dominions.” ® The elections of
Savoy, though taken during the French occupation and under the auspices
of the French Commissioners as well as the local authorities, are without
reproach from historians. Those of Nice, perhaps more open to question,
are equally accepted.

The drama of the Revolution was, however, progressing swiftly. The
war against Prussia and Austria was becoming the chief fact to which all
theory must be subordinated. The French forces had not only entered Savoy
and Nice, Custine was now advancing into German territory and Dumouriez
into the Austrian Netherlands. |

It had been the consuming ambition of many kings of France, and par-
ticularly of Louis XIV, to incorporate the Netherlands into their kingdom
and thus regain the ancient boundaries of Charlemagne, but this national
aspiration was now dormant. The idea of conquest was utterly foreign to
the expedition in its initiation. The Constituent Assembly had declared the

1 Soullier, Histoire de la révolution d’Avignon et du Comtat Venaissin en 1789 et
années suivantes, vol. 2, p. 72 et seq.

2 Joel Barlow, “ A Letter to the People of Piedmont,” in The Political Writings of Joel
Barlow, p. 233.

8 PLEBISCITES

inviolability of popular sovereignty; the war was a defensive one from the
point of view of the Legislative Assembly which had begun it and of the
Convention which was carrying it on. Respect for popular sovereignty had
been rewarded by the eager union of Savoy and Nice. Little doubting that
other peoples would be equally eager to adopt revolutionary principles the
French were at first content to repeat the policy with the Belgians. The Bel-
glans, however, in their first elections under French occupation, showed an
attachment to their old institutions. The growth of the scale of the war
and the cost of the maintenance of troops on foreign soil were causing grave
financial embarrassment to the Convention. Further funds were necessary.
The Belgians showed a disposition to adopt neither revolutionary principles
nor revolutionary money. In this juncture the temptation not to repudiate
the principle of popular sovereignty but so to tamper with it that the result
would be assured proved irresistible. The old argument of the natural limits
revived and added its appeal.

On December 15, 1792, Cambon, in charge of the financial policy of the
Convention, presented a report for the Committees on Finance, Military Af-
fairs and Diplomacy, regarding the conduct to be followed by the generals
in the countries occupied by the armies of the Republic. On October 24 La-
source had made a report and read a draft decree on this same subject which
had not been acted upon.! The report of Cambon was far different from
that of Lasource which had urged the Convention to decree that the generals
should pay a most meticulous respect to the sovereignty of the invaded peo-
ples. Totally abandoning this policy, the decree of Cambon suspended the
existing governments, abolished taxes, limited the franchise to those in sym-
pathy with the revolution and provided for two sets of agents to aid in the
further manipulating of the vote. Thus the Convention, not daring to for-
sake the principle of self-determination, perhaps not realizing that it was
forsaking it, was guilty for the first time of the most drastic infringement
of popular sovereignty. These conditions prescribed by the decree, even had
they been unaccompanied by the improper acts of the French agents and the
excesses of the sans-culottes would have served to discredit the votes of
the Belgian communes. Had methods of coercion not been resorted to, the
electoral qualifications alone would have served to disfranchise the opposition
in each community. The stigma attaching to these votes attaches to all
those cast after the decree. No vote, whether in Mayence, the Saar valley,
or Monaco, should have been considered valid by the Convention. No vote
was free, no vote was significant. Yet the Convention, deaf to warnings,
steadfastly pursued its policy of annexations based on plebiscites without

1 Documents, post, p. 283.

HISTORICAL SUMMARY 9

any attempt to investigate the conditions of the vote. Two short years of
war had served to change completely the attitude of France towards conquest.

The Decree of December 15 marked a transition in the policy of the
Convention. It is a turning point in the Revolution. Hitherto acts in-
fringing on the sovereignty of foreign peoples, when committed by the gen-
erals, had been disavowed by the Assembly at Paris. From now on these
acts were authorized by the Convention itself. Political expediency had over-
thrown the basic philosophy of the Revolution. Military necessity and the
search for the sinews of war had turned the Revolution into paths which soon
led them far from that renunciation of all conquest with which the Revolu-
tion had started. The way was paved for Napoleon, and by the time of his
advent and his triumph the campaign of forcing other people to be free had
begun in earnest. Except for the treaties of union of the little republics of
Mülhausen and of Geneva with France, in which the annexations are based
on the votes of the inhabitants, we hear no further echo of the right of self-
determination. :

The Napoleonic era consigned the principle to oblivion, and the Congress
of Vienna appeared to be its death-blow. Thanks to Talleyrand, Metternich
and the other reactionaries, once more the ancient dynastic principle was re-
stored, again the land was held to belong to the sovereign. Thus the struggle
between principle and expediency ceased, for principle now coincided with the
current conception of expediency. But the very disregard of national desires
intensified the nationalistic spirit among the people so disposed of, and the
numerous subsequent outbreaks promised anything but permanence for the -
Vienna patchwork. |

Revolted by the excesses of the Revolution and exhausted by the Napo-
leonic wars resulting from it, the world had become weary of the doctrine of
popular sovereignty. ‘Any suggestion of doctrines reminiscent of the Rights
of Man met with scorn from intellectuals and harsh repression from govern-
ments. Such a condition of instability could not be permanent, however.
The smouldering fires of nationalism which had been repressed in 1815,
fanned by the rising wind of democracy, burst into flame in 1848. With
the resurgence of the subject nationalities arose again, with greater virility,
the twin principles of popular sovereignty and of national self-determination.
The two places where the doctrine assumed importance were in the Italian

1 The treaty of Kiel of January 14, 1814, by which Denmark ceded Norway to Sweden,
was repudiated by the Norse on the ground that, while the Danish King might renounce
his right to the Norwegian crown, it was contrary to international law to dispose of an
entire kingdom without the consent of its people. The Norse thereupon attempted armed
resistance, which was so far successful that the union was based not on the treaty but on
the Act of Union of 1815, which declared Norway to be a free, independent, and indivisible
kingdom. British and Forcign State Papers, vol. 1, pt. 2, p. 297.

10 PLEBISCITES

problem and the question of Schleswig-Holstein. In each case it was resorted
to by a subject nationality in its effort to win freedom from reluctant rulers
by establishing before Europe the justice of its claim.

The method of founding the union of Italy on the voluntary wish of the
people of each province which was expressed in a popular vote by manhood
suffrage — the method followed in the union of each of the nine provinces,
ending with that of Rome in 1870 — began with 1848. The choice of this
method was doubtless due to the fact that there was no other way to estab-
lish a title against the opposition of the various European courts, which could
point to the treaties and the principle of legitimacy in support of the dis-
possessed petty sovereigns and against union. The event proved the wisdom
of the Italian statesmen who had chosen this method to defeat the attempted
arrangements of the Holy Alliance, and the opposition of the northern Powers.

The first plebiscite was held in Lombardy under the provisional government
to determine whether or not there should be immediate union with Sardinia
or whether the decision should be delayed. The vote was by manhood suffrage
with no literacy qualification. Plebiscites followed in Parma, Modena and
the cities of the Venetian mainland. In Venice itself the vote was by an
elected assembly. The method of voting in the plebiscites was the primitive
one of writing the name and vote in registers in the presence of election offi-
cials, the chief of whom was the parish priest. In the case of Lombardy there
were consequent accusations of fraud and intimidation, largely religious, and
the republicans charged that the haste shown in holding the plebiscite was un-
fair. There is, however, no serious assertion now that the result did not
represent the popular will. |

The laws of the Sardinian Parliament uniting these States to the kingdom
state that “in view of the popular vote of the inhabitants of Lombardy ”
[Modena, etc.] “ the province is declared to be an integral part of the Sar-
dinian Kingdom.” The immediate results of the plebiscites of 1848 were
short-lived and the union so decreed fell with the reverses attending the Pied-
montese arms. The idea of popular consultation as a method of attaining
union was not dead, however; it merely awaited a favorable opportunity to
reassert itself, an opportunity which came with the aid of France in the war
of 1859,

The year 1848 not only saw the method of the plebiscite resorted to in Italy,
but also advocated by Prussia and the Germanic Confederation as a means
of settling the Schleswig question. The situation in Schleswig in 1848 was
dramatic. Here two nationalist movements, the Danish and the German, each
reaching out to gather in all the people of common origin, came into conflict.
In race the northern part of Schleswig was admittedly Danish, the southern
part admittedly German. Holstein was wholly German and was a member

HISTORICAL SUMMARY 11

of the Germanic Confederation. The Danish nationalists in Denmark, who
were hoping to incorporate the whole of Schleswig, if not Holstein also, into
the kingdom, were opposed by the revolutionary provisional government of
the duchies, which wished both duchies to enter the Germanic Confederation.
The provisional government, in its first manifesto, promised to the people
oí Northern Schleswig an opportunity to register their choice between the
Confederation and Denmark. Relying on the aid of Prussia, however, this
same government almost immediately repudiated the promise, but the polit-
ical value of the doctrine was at once recognized by the Prussian Foreign
Minister, von Arnim, as providing, if accepted by Denmark and the neutral
Powers, a basis which would ipso facto give to Germany a valid claim to the
German part of the duchies, as well as offering a hope that the people of
North Schleswig might vote against separation from the rest of the duchy.
On his suggestion the Confederation formally endorsed the proposal for a vote
of the people of North Schleswig; and Bunsen, the Prussian Minister at Lon-
don, urged it strongly on Lord Palmerston as one of the bases of mediation.
Palmerston accepted the proposal of a division, but suggested that the line be
drawn “ with reference to known or ascertainable facts,” to which Bunsen re-
plied “ Germany can not give up the principle declared on all occasions, that no
separation of any part of Schleswig can ever be thought of, unless the popula-
tion in the northern districts themselves declare, by an open and unbiased mani-
festation of their intention to that effect, that they will be separated from
the rest of the duchy.” ! The Prussian proposal was not accepted, however,
and no further mention of the doctrine is found until the Crimean War pre-
cipitated discussion of the Eastern Question.

We now come to the period when the method of popular consultation en-
joyed its greatest prestige. From 1855 to 1866 scarcely a year passed without
some endorsement of the method. No matter what the attitude towards
popular sovereignty at home, there was no one of the great Powers, not even
Austria or Russia, which did not participate during those years in some form
of appeal to national self-determination to settle the numerous European ter-
ritorial questions. |

Considering how definite was the Russian opposition to all suggestions of
popular sovereignty, it is strange to find Russia the first Power to propose
the method for solving the question of the Danubian Principalities. Her
purpose was to enable the Principalities to unite and so to form a bulwark
against Turkey and Austria. Knowing that this was also the desire of the
people of the two Principalities, in March, 1855, Gortchakoff proposed that
in the memorandum drawn up at Vienna to serve as the preliminary basis for

1 Bunsen to Palmerston, June 24, 1848, British and Foreign State Papers, vol. 40, p. 1321.
Documents, post, p. 878.

12 PLEBISCITES

peace, there be inserted a clause providing for consulting the wishes of the
Danubian Principalities themselves as to their reorganization. Napoleon was
not only favorable to the union as in line with his own policy, but, having
made popular appeal the basis of his own throne, was disposed to favor the
introduction of the principle as a European custom. The Russian proposal
was adopted, and in the ensuing Congress of Paris the details of this plan
were elaborated by the French plenipotentiary, Bourqueney, were agreed to
by Clarendon, Cowley, Cavour, Brunnow and their colleagues, by the Aus-
trian Representatives and by Aali Pacha for Turkey, and were incorporated
in the Treaty of Paris which was signed March 30, 1856. The treaty pro-
vided that the settlement of the question of organization of the Principalities
of Moldavia and Wallachia should be arrived at by means of an assembly
or “ divan ad hoc” elected in each principality under the joint supervision of
the Porte and a European Commission. In this manner, by the initiation of
Russia and the support of France, and without a dissenting voice in the
Congress, international sanction was given to the method of direct consulta-
tion concerning a question of internal order which, it was well known, would
involve primarily the question of union of the two Principalities.

The history of the deliberations of the European Commission and the
forcing of a second vote in Moldavia by the concerted action of some of its
members is of exceeding interest. Lack of harmony due to the conflicting
policies of the various European courts towards the question of union some-
what hampered its efficiency, yet in the end the work was well done and the
popular will as clearly ascertained as was possible in view of the limited
suffrage and the intricate method of indirect election which gave little indi-
cation of the will of any but the landed proprietors. So strong, however, was
the national feeling of the two Principalities that there appears to have been
no disaffection regarding the result.

The declaration for union made by the “ divans’* was at first disregarded
by the Congress at Paris, the diplomatic situation having changed, and a very
qualified union was accorded. This arrangement was defeated by the strate-
gem of the two “ divans ” which proceeded to elect one and the same man as
Hospodar or ruler in both Principalities. The Powers thereupon granted
a temporary union for the lifetime of the new Hospodar. Russia had been
justified in her foresight. Although the losing Power in the Crimean War,
she was enabled through appeal to the doctrine of self-determination to out-
wit not only Turkey and Austria, but Great Britain as well, an outcome doubt-
less aided by the Sepoy Rebellion and the British Liberals.

The union of the Principalities was effected, for practical purposes, in 1859.
In that same year the method of popular appeal in questions of sovereignty
was again resorted to in Italy. The first suggestion of the method came

HISTORICAL SUMMARY 13

from Napoleon. The Emperor, himself a carbonaro in his youth, was heir
both to the revolutionary principles of 1848 and to the Napoleonic legend,
which, so artfully fabricated at St. Helena, had by now convinced the nephew
that the uncle had held nationality in special veneration. Spurred on by this
idealism as well as by the historic French antagonism to Austrian control of
the Italian Peninsula, Napoleon in 1859 had gone to the aid of the Italian
patriots.

By the Preliminaries of Villafranca, signed July 11, 1859, the war with
Austria came to an untimely end with the freedom of Lombardy as the only
fruit of the struggle. By the Preliminaries Austria ceded Lombardy to
France with the understanding that it be handed over to Sardinia. Napo-
leon endeavored to write into the agreement the phrase “according to the
votes of the population.” * Francis Joseph, with characteristic fidelity to
the Hapsburg theory of the State and, with the subtle instinct of a despotic
sovereign, fully understanding the significance of the phrase, refused, saying
that “ he was unable to attach any importance to the will of the people,” and
Napoleon consented to renounce the proposed formula.*

Napoleon's devotion to Italian unity had been weakened by fear of oppo-
sition at home, not only from the clericals but from those upholding the
traditional French policy of a weak Germany and a weak Italy. The Pre-
liminaries of Villafranca liberated Lombardy, but the Emperor had con-
sented to abandon the other Italian peoples once more to their alien dukes,
though without providing for the method of forcing their return on their
unwilling subjects. The Italians were determined to thwart the provisions
of Villafranca. Napoleon's support having been lost to them, the British
Cabinet now came forward as their champion. With the support of Palmers-
ton as Prime Minister and Russell as Foreign Secretary, the Italians of the
duchies and of Romagna made a second attempt to overthrow the recurring
principle of legitimacy and to settle the Italian question by popular consulta-
tion, this time through assemblies especially elected and by a limited fran-
chise. Russell, seeing in the method the only hope of a solution of the prob-
lem which was threatening the peace of Europe, insisted on no disposal of
the duchies before their unbiased opinion had been given. To this proposal
the response of the Powers varied. Austria replied that while England looked
to populations, Austria looked to governments and could not recognize in
established monarchies the principle of popular elections,® a disapproval in

1 Whether this was intended to refer to the vote of 1848 or to a future vote is obscure. The
latter interpretation is the one generally given.

2 Le Assemblee del risorgimento, vol. 1, p. cxxxvi; Guido Fusinato, Le mutazioni territori-
ali, p. 99.

8 British Parliamentary Papers, Affairs of Italy [2636], pp. 19 and 34.

14 PLEBISCITES

which Prussia sincerely concurred.! Napoleon, however, unable to deny the
force of a title based on popular vote, chose to hold the method and circum-
stances of the vote indecisive and to base on that argument his continued
opposition to a union. To meet this opposition, Russell proposed to Cavour
that fresh assemblies be elected. Napoleon, helpless before this continued
appeal to the principle on which his own throne rested, was forced to agree,
but with the stipulation that the vote should be by plebiscite. To this Cavour
and the Governors of Tuscany and Emilia eagerly assented, as making the
result more incontestable, and Russell agreed on the ground that it was a
question for each country to regulate for itself. Plebiscites were accord-
ingly taken in Tuscany and Emilia. The importance attached by Cavour to
the plebiscites and his confidence in the method may be gathered from a letter
written by him on the day of the voting: “If, as I hope, this last proof is
decisive,” he wrote, “ we shall have written a marvelous page in the history
of Italy. Prussia and Russia, while disputing the juridical value of universal
suffrage, can not cast a doubt upon the immense value of the fact this day ac-
complished. The dukes, the archdukes, the grand dukes, will be found buried
under the pile of ballots deposited in the electoral urns of Tuscany and
Emilia.” ? From this time on Cavour made the plebiscitary method the cor-
nerstone of his policy, and the plebiscites of Sicily and Naples, Umbria and
the Marches, followed swiftly and decisively. Cavour’s choice of method
has been justified. The political effectiveness of a title based on popular
will, and its superiority over any based on treaty rights or inheritance, can
never be more clearly shown than in the case of Italy.

We now come to the plebiscites which in subsequent discussions of the
method have been made the touchstone of its value. Napoleon had exacted
the cession of Savoy and Nice as payment for his acquiescence in the annexa-
tion of Tuscany and Emilia. Unable to refuse Napoleon's demand, Cavour
wished to protect himself from attack by writing into the treaty a clause
providing for consultation of the inhabitants. On this he insisted in spite
of the reluctance of Napoleon who was becoming cool in his support of the
method on account of the bad impression made on the Northern Powers by
the events in Italy.®

1 The British representative at the Prussian Court wrote that Baron Schleinitz admitted
that the method offered a practical solution in Central Italy but. “makes no concealment
of his disapproval of the principle of appealing to the people of the Italian duchies...
and I may add that Prussia would disapprove still more of the course about to be pursued if
it were based on universal suffrage.” British Parliamentary Papers, Affairs of Italy [2636],
p. 36. | 2 Documents, post, p. 523.

3 Russia, of all the Powers, presented an attitude of acquiescence to the Savoy cession on
condition that, whatever Piedmont did, France must not base her claim on a plebiscite.

Cf. William R. Thayer, The Life and Times of Cavour, vol. 2, p. 211, quoting from Ollivier,
pp. 399-401.

tn

HISTORICAL SUMMARY 15

It would be a courageous person who would venture to assert, considering
the reputation of these plebiscites, that they were fair; and it would be a
credulous person who could accept the mass of repeated assertions, unsup-
ported by facts, without some scepticism. The primary error of later his-
torians has been to confuse the two plebiscites and to treat them as one.
Scanty as are the specific charges of any value against the vote of Nice, they
must be considered far more weighty than those regarding the vote of Savoy
which was admittedly French in race, in language and, at the time, in political
sentiment. It is not necessary to account for the vote by moral pressure or
the military force which, on examination, proves not to have been present.
The recent events in Italy had caused in Savoy, French in culture, a fear
of the predominance of the Italian element in the Sardinian monarchy which
had suddenly become an Italian kingdom. To this fear was added dislike
of the anti-clerical attitude of Cavour and the Italian liberals who had cap-
tured the Sardinian parliament in the recent elections. Further, the intelli-
gent French offers of commercial development, four years shorter military
service, and the removal of custom barriers, must have been potent factors.
European apprehension of ‘Napoleon who thus regained the Swiss passes,
the personal feeling of Garibaldi who never forgave the loss of Nice, his
birthplace, and the disregard of Swiss claims to the neutralized portions of
Savoy, were probably the cause of the exaggerated charges, and the charges
were greatly aided by the amusing but frivolous attacks of Lawrence Oliphant
who bestowed on propaganda and exhortation ail the condemnation due to
fraud and corruption. Although there is no doubt that the head officials used
their position to urge union, some scepticism regarding the other points of criti-
cism seems justified by the fact that in spite of an option clause in the
treaty there appears to have been only a negligible emigration; that in 1870,
when the two territories might have safely revolted from France, they were,
on the contrary, devoted in their loyalty; and that as far as can be discovered,
there has not been an irredentist party in Savoy, Italy, or Nice.

Although the governments of Austria, Russia, and Prussia were all abso-
lutely opposed to the Italian independence which had just been erected through
popular consultation and Great Britain was especially hostile to the cession
of Savoy and Nice so accomplished, the principle was so firmly established
by 1863 that it was again and even more definitely written into an interna-
tional protocol signed by these four Powers which, by the Treaty of Paris,
had been set up as guarantors of the Ionian Islands. This protocol was
signed on August 1, 1863. In it the acquiescence of the protecting Powers is
given to the expressed intention of Great Britain to allow the union of the
Islands to Greece if the Ionian assembly should choose such union rather
than the continuance of the British protectorate. The new assembly, spe-

16 PLEBISCITES

cially elected on the question, voted unanimously for union, and the desire
was solemnly granted in another treaty between the same Powers on Novem-
ber 14, and in a treaty with Greece as cosignatory on March 29, 1864. In
all these treaties the vote of the islands is stated as the primary condition of
the abrogation of the Vienna arrangement and the union with Greece. How-
ever greatly the desire to balance the growing Slav strength to the north, or
to reward the Greeks for their recent choice of a sovereign may have con-
tributed to this act, until then unparalleled in history, the choice of method
is undoubtedly due to the perception of its value by the British Cabinet, and
especially by Lord John Russell.

The most interesting international discussion of the method of the plebis-
cite, and the one most significant to-day, is that by the eight Powers gathered
in the Conference of London which met in the spring of 1864 with the object
of converting the temporary cessation of hostilities between Denmark and
the Germanic Powers into a permanent peace. The point at issue was again
the disposition of the duchies of Schleswig and Holstein, a matter which had
supposedly been settled, after 1848, by various treaties regarding the succession
in the duchies. Denmark and the neutrals desired that these provisions be
restored. Prussia, the Confederation and Austria were determined against
it. Perceiving after a lengthy and futile discussion that restoration of the
treaty provisions was hopeless, Earl Russell, as spokesman for the neutral
powers, proposed that recognition be made of the national aspirations of the
two races in Schleswig by a division of the duchy along a frontier which he
indicated, no further disposition of the southern part or of Holstein to be
made without the consent of the inhabitants “ duly consulted.” To such a
division Denmark and the Germanic Powers agreed in principle, but could
reach no agreement on the line of demarcation, each proposing a line which
would include many of the alien race, the German delegates claiming the
whole of the mixed district and the Danish delegates claiming that and even
more.

The Germanic delegates, however, insisted on an unexpected development
of the original proposal. It had been the British proposition that the vote
should be taken only in those districts to be separated from the Danish crown,
namely, in Holstein and the southern districts of Schleswig, in order to ascer-
tain their wish as to their future ruler. Bismarck now resorted to a plan
originally proposed to him by Napoleon? and instructed the Prussian pleni-
potentiary to insist that the vote be taken also in the part of Schleswig to be
separated from the rest of the duchies. “Guided by the conviction that

1 Heinrich von Sybel, The Founding of the German Empire by William T, vol. 3, pp. 318

and 341-351, gives extracts from the correspondence between Bismarck and Drouyn de Lhuys,
the French Foreign Minister, on this subject.

HISTORICAL SUMMARY 17

the Conference should be aware of the wish of the people whose future they
were deliberating,” Count von Bernstorff, at the order of his government,
asked “ that the inhabitants of Schleswig should be consulted on the subject
oí the disposition to be adopted in their regard, and that the fate of these
populations should not be decided without their wishes having been pre-
viously consulted.”* This plan of a vote in Northern Schleswig was not
pleasing to Denmark as it offered an opportunity to the people to vote against
their own ruler, nor was it pleasing to the neutral Powers to whom the
preservation of the Danish monarchy was an essential to the Balance of
Power. The Germanic delegates being insistent, however, the French pleni-
potentiary, de la Tour d’Auvergne, then suggested a compromise. His plan
was to limit the vote to the district bounded on the north by the line proposed
by Prussia and on the south by the line insisted on by Denmark, the vote
to be taken by communes under the eyes of delegates of the eight Powers,
all military forces having been withdrawn. This, he said, presented a method
“ which would allow, in the definitive drawing of the frontier line, the giving
of the most exact consideration possible to each nationality.” ? This solu-
tion at once gained the support of the delegates of the Germanic Confedera-
tion and Prussia, as well as those of all the other Powers excepting Russia
and Austria who were still true to the principle of legitimacy of the Vienna
Congress. The Russian representative, Brunnow, protested eloquently against
the indignity of leaving to a vote of peasants a question which the diplomatists
of Europe had been summoned to London to settle and said that he should
be forsaking the principles which served to regulate the policy of the Em-
peror were he to admit the appeal which the plenipotentiaries of Prussia pro-
posed to make to the population of Schleswig. On the utter refusal of Den-
mark to consider any other frontier than the one originally proposed by
Russell the conference was forced to abandon the solution and, the period
of the armistice having expired, the conference adjourned and the war went
on to its conclusion so disastrous for Denmark.

The statement is sometimes made that the Conference of London repu-
diated the method of the plebiscite. Such a conclusion might well be drawn
from the adroit summing up of the discussion by the Russian plenipotentiary.
Examination of the text of the protocols shows, however, that although Russia
definitely repudiated any appeal to a vote, and Austria refused absolutely to
support any vote except of the Estates, the plenipotentiaries of Denmark,
Great Britain, France, Sweden, Prussia and the Germanic Confederation all
accepted the general principle of a plebiscite, and that, although there was
definite objection by Denmark and the neutrals to the Prussian proposal of

1 Conference of London, Protocol No. 10, Documents, post, p. 913.
2 Protocol No, 11, Documents, post, p. 928.

18 PLEBISCITES

taking a vote in the whole of Northern Schleswig, the French solution of
taking a vote in the disputed district and drawing a frontier line in accord-
ance with it met with the unqualified approval of the representatives of all
of the Powers except Denmark, Russia and Austria.

In 1866 the Powers were once more met at Paris to discuss the question
of the Danubian Principalities. Prince Couza, whose election in 1857 had
secured the union of Moldavia and Wallachia, had been deposed by his own
subjects. The vacancy in the office of Hospodar once more raised the ques-
tion of union. Turkey and Austria were still opposed to it and Russia now
shared their attitude. The Austrian and Russian plenipotentiaries, however,
were both careful to base their arguments on the supposed desire of the
Moldavians for separation. Both Brunnow for Russia and Metternich for
Austria insisted that the people of Moldavia should be able to state their
wishes under sure guarantees of liberty and independence.! Cowley, the
British representative, said that his government had no preconceived opinion
either for or against union, had no intention of imposing on the population an
arrangement repugnant to them and left it to the wish of the populations.
If the people, legally consulted, pronounced for the maintenance of union, the
British government would not oppose it and would, in fact, support it with
the Porte. In this Prussia agreed. France insisted that beyond question the
people of the Principalities were still in favor of union; if further informa-
tion was desired the joint assembly at Bucharest could be interrogated. This
did not please either the Austrian or Russian delegates, who advocated a
vote by separate assemblies in each Principality in order to obviate the danger
of pressure on the Moldavian delegates. The-question of a new election and
of joint or separate assemblies was referred back to the home governments.
The reply of the Russian government in the dispatch read by Brunnow is in-
teresting. The Russian government replied that the chief requisite for a
decision was light. “ This light,” ran the dispatch, as read by Brunnow, “ can
be obtained only through a new resort to the vote of the two Principalities,
surrounded by all the guarantees which could assure its sincerity. The
Principalities had, however, not waited for the Powers to determine the
question of an assembly. In the interval the provisional government of the
Principalities had taken the matter into its own hands, had dissolved the
Assembly and had convoked a new one. Against this action the Conference
strongly protested, but ultimately allowed the vote for union cast by the
assembly so elected and also granted the wish for a foreign prince, a desire

1 Metternich declared “Son gouvernement désire dans tous les cas que les populations

Moldaves puissent émettre leurs voeux sous certaines garanties de liberté et indépendence.”
Conference of Paris, 1866, Protocol No. 2, Martens, N. R. G., vol. 18 p. 175.

HISTORICAL SUMMARY 19

which had been often expressed by the Principalities and which had finally
been put to a direct vote of the people by the provisional government.

This same year of 1866 saw a second treaty of cession containing a stipu-
lation for a plebiscite. The Treaty of Prague, signed on August 23, 1866,
terminated the war between Prussia and Austria over the spoils which they
had seized from Denmark in 1864. Article V contains the stipulation that
Prussia shall incorporate the duchies only on condition that the populations
oí Northern Schleswig shall be ceded to Denmark if by a free vote they
express such a wish. Contemporary observers and later historians agree in
crediting the clause to the influence of Napoleon, who had acted as mediator.
Whether or not this is the fact, it is obvious that the suggestion as to North-
ern Schleswig was far from novel and had acquired its original prestige from
Prussia. Parentage, however, did not prevent Prussia from at once uncondi-
tionally annexing the duchies sm toto on January 12, 1867, before any negotia-
tions had been begun with Denmark.

Bismarck had at first shown every intention of carrying out the plebiscite
in Schleswig. On December 20, 1866, he had declared before the Prussian
lower house that in his opinion a people unwillingly annexed could not be an
element of strength and that the government could not refuse to redeem the
pledge made in that treaty.! The yielding of Bismarck to pressure from the
military party marks the maturing of another philosophy — the negative of
that of popular sovereignty — the maturing, in fact, of a philosophy which
had been developing across the Rhine, where a new nation was being erected,
based on the principle not of consent, as in Italy, but of conquest. The na-
tional democratic movement of 1848 having failed in Germany, thanks to the
determination of Prussia to play a leading part in the new nation, German
political philosophy had become enamored of another method, the method of
blood and iron. Far different from the unification of Italy, which had been
effected under the spirit of 1848, German unity represented a counter move-
ment. In her annexation of Hanover and Hesse in 1866, Prussia had shown
no regard to the popular will. In 1867 she annexed Schleswig in spite of the
conditional clause in the treaty. After 1867 and especially after 1870 any
support of national self-determination constituted an indictment of the whole
German political structure as well as of German action in Schleswig, a
fact which German writers were not slow to discern.

1 Emil Elberling, Partage du Slesvig, in Franz C. de Jessen, Manuel historique de la
question du Slesvig, pp. 154 and 307; Fusinato, p. 103, quoting from Lawrence, pp. 80-82.

Elberling in his chapter on the partition of Schleswig in de Jessen, p. 154, says that on
October 13, 1864, Bismarck had declared that, in his opinion “si le Slesvig du Nord á un
moment donné était restitué au Danemark, cet événement ne serait pas un grand mal-
heur.”

20 PLEBISCITES

The subsequent history of the doctrine becomes, after 1867, primarily one
of discussion rather than of practice. There are, to be sure, a few scatter-
ing examples of a resort to self-determination after the Treaty of Prague.
Denmark, while still hopeful of arriving at an agreement with Prussia, in-
sisted on a plebiscitary clause in the treaty of cession of the islands of St.
Thomas and St. John to the United States, and the plebiscite was actually held
in January, 1868. The Italian government insisted on a plebiscite being held
in Venetia in 1866, and in Rome in 1870, before the annexation of these
provinces to the kingdom. The treaty of cession signed by France and Swe-
den in 1877 provided for a plebiscite in the island of St. Bartholomew. A
clause stipulating for a plebiscite was incorporated in the Treaty of Ancon
in 1883. But although all of these plebiscites, except that of the Treaty of
Ancon, were duly carried out, nevertheless the cynical disregard of obligation
under the Treaty of Prague shown by Prussia was a blow to the prestige of
the principle, a blow the greater because of the growth of Germany as a
world Power, and because of the growing custom of students of history and
political philosophy to seek instruction in German universities. The philo-
sophic arguments there propounded were too valuable as support for the
imperialistic and anti-democratic desires of individuals and groups in other
countries not to gain eager credence.

In attempts at settlement of questions of sovereignty and boundaries by
the Treaty of San Stefano in 1878 and the Congress of Berlin in 1878 the
doctrine and method were both ignored. The last case of successful appeal
to the doctrine before the war of 1914 was that of Crete, which, after con-
stant disregard by the Powers of its repeated vote for union with Greece,
passed by each successive elective assembly, at last, in 1912, won their final
consent to the ending of a situation grown untenable through continued dis-
content and made acute through the threatened hostilities between Greece and
Turkey. The doctrine had, however, been abandoned by statesmen as being ©
inconsistent with the policy of Balance of Power. Diplomacy had returned to
the methods of the Congress of Vienna. Once more, as after Vienna, the doc-
trine was to find its support from the people whose national aspirations had
been thwarted and from political students interested in perfecting tools suited
to achieve the stability which had become more than ever essential to the
delicate balance of the complex organization of society.

The period of discussion of the position of the doctrine of self-determination
in international law begins with the years following 1866. Liberal thought
in Europe was insistent that the pledge of the Treaty of Prague be fulfilled.
In one of the first issues of the newly instituted Revue de droit international
at Brussels, the editor, Rolin-Jaequemyns, made a short but eloquent attack

HISTORICAL SUMMARY 21

on the Prussian failure and insisted on both the legal and natural right of
the people of Schleswig.!

To neutral thought there was no question of Prussia's obligation and
the doctrine would in all probability have reasserted itself had it not been
fatally weakened by the universal conviction that the moral guilt for the
war of 1870 lay with France. In the opinion of the day, France, for pur-
poses of conquest, had entered on an unjustified war of offense against a
guileless Prussia. Such, thanks to the universal distrust of Napoleon III,
was the sober judgment of neutrals at the time, a judgment not to be amended
until the publication of the true story of the Ems dispatch. To the righteous
anger of many of these liberals it appeared to be mere justice that France
should herself suffer those pains of conquest which she had meant to inflict.
In the treaty giving Alsace and Lorraine to Germany the clause giving to resi-
dents of the ceded territories an option of retaining French citizenship, on con-
dition of making their home in France, was thought sufficient concession to the
rights of the inhabitants.? Rolin-Jaequemyns, who a few short months before
had written that the people of Schleswig had the right inherent in all men
not to be bartered about like beasts, now defended the right of the victor
to extort territorial cession as a poena temere litigantis, and in this he re-
flected the view of many whose resentment had utterly blinded them to the
rights of the inhabitants themselves.” Yet as public opinion, still condemn-
ing France, regained its balance sufficiently to regard the protests of the
people of the conquered provinces,* there followed a wave of condemnation
of such an infringement of a people's right to be consulted. The demand,
voiced by Sumner in his address in Boston in October, 1870,% was so strong

1 Revue de droit international et législation comparée, vol. 2 (1870), p. 325.

2 Article 2 of the Treaty of Frankfort, signed May 10, 1871, reads as follows: ‘Les
sujets francais, originaires des territoires cédés, domiciliés actuellement sur ces territoires,
qui entendront conserver la nationalité française, jouiront jusqu’au Ier octobre 1872, et moyen-
nant une déclaration préalable faite à l'autorité compétente, de la faculté de transporter leur
domicile en France et de s’y fixer, sans que ce droit puisse être altéré par les lois sur le
service militaire, auquel cas la qualité de citoyen francais leur sera maintenue,” A. J. H. and ~
Jules de Clerq, Recueil des traités de la France, vol. 10, p. 473.

3 Revue de droit international et législation comparée, 1870, vol. 2, p. 696, and 1871, vol. 3,
p. 172.

4 The elections for deputies held in the provinces on February 8, 1871, during the German
occupation, had resulted in an almost unanimous vote against annexation. On February
17 these deputies delivered to the National Assembly at Bordeaux a formal protest in the
name of the people of Alsace-Lorraine. The protest was based, however, not on the right
of self-determination but on the inviolability of national territory, the defense chosen by
Thiers. “Une assemblée, méme issue du suffrage universel, ne pourrait invoquer sa sou-
veraineté, pour couvrir ou ratifier des exigences destructives de l’intégrité nationale. Elle
s'arrogerait un droit qui n’appartient meme pas au peuple réuni dans ses comices.” Cole-
man Phillipson, Alsace Lorraine, Past, Present, and Future, p. 99.

5 Charles Sumner, “ Duel between France and Germany,” in Addresses on War.

22 PLEBISCITES

as to cause Francis Lieber, by birth a Prussian, and by nationality an Amer-
ican, to publish in 1871 an essay on the value of plebiscites in international
law, attacking both the principle itself and the cases where it had been in-
voked.* Lieber’s attack, coming, apparently, from a neutral source and
from a writer of eminence, undoubtedly had tremendous effect in the con-
flict between the two principles. His main theses, that the plebiscite was
wrong in theory as subjecting the minority to the rule of a simple majority,
and that in practice it had been used only after a fait accompli, are repeated
and amplified by all the subsequent writers who oppose the doctrine. He
silenced American protest by pointing out that the method had not been in-
voked in any of the annexations of Texas, Florida, Louisiana or California,
and he ended with a warning that the Americans had best concentrate on
the Monroe Doctrine and leave European affairs alone.

However powerful this argument may have been with Americans, French
protests could not be so easily silenced. In pamphlets, journals and treatises
the French writers stated the French case. The doctrine of self-determina-
tion, they insisted, was one established by natural right and international
usage, and though in origin a French doctrine, it had been adopted by the
whole of Europe. The Germans answered with an amplification of Lieber's
argument. The so-called principle was, they said, wrong in theory and
valueless in practice, it contradicted the doctrine of the organic nature of
the State, it would permit of secession and it would hamper a State in obtain-
ing peace by denying the right of cession. Pointing with one accord to the
plebiscite of Savoy and Nice as indicative of the evils attendant on the
method, they all supported the doctrine of the individual option to emigrate,
a doctrine of which wide use had already been made, as far preferable and
a sufficient recognition of the rights of the inhabitants.

The French view is advanced by Montluc in 1872, by Ott in 1874, by de la
Guéronniére in 1876, by Cabouat in 1881, by Renan in 1882, by Rouard de
Card in 1890, by Heimweh in 1892, and by Audinet in 1896.2 In 1877 the

1“ De la valeur des plébiscites dans le droit international,” Revue de droit international
et législation comparée, 1871, vol. 3, p. 139, reprinted in English in his collected works. Lieber
was born in Berlin on March 18, 1800.

2L. A. de Montluc, “Le droit de conquête,” Revue de droit international et législation
comparée, 1871, vol. 3, p. 531; M. A. Ott's edition of J. L. Klüber, Droit des gens moderne
de l’Europe, p. 366, note.

“ De nos jours, on s'est mis á consulter directement les habitants des provinces contraintes
par les traités ou les lois de la guerre á changer de domination. On peut dire, en quelque
sorte, que, si le plus fort conquiert encore des territoires, il ne conquiert plus de sujets.” de
la Guéronnière, vol. 1, p. 432.

Jules Cabouat, Des annerions de territoire, p. 129, “ Une nation peut bien renoncer à son
droit de souvraineté sur tel territoire, rompre le lien qui l’unit aux populations des pays
cédés, mais il lui est impossible de les engager envers l'Etat annexant, par le seul effet de sa

volonté.”

HISTORICAL SUMMARY 23

French Minister of Foreign Affairs in his address to the Chamber regarding
the treaty of cession of St. Bartholomew had said, “ The stipulation of a pleb-
iscite, insisted on by Sweden, was too much in accord with the sentiments and
with the rules of our public law of France, for any objection to be made to it.” *
Possibly the plebiscite held in St. Bartholomew and also the consulting of
the chiefs of Tahiti regarding the treaty of cession of the island to France
in 1880 ? has some relation to the French desire to establish the doctrine
against the German claim to French territory, and is, in this way, similar
to the Danish attempt in the West Indies.

The case against plebiscites was argued with fervor by Holtzendorff, and,
though less warmly, by Bluntschli, by Geffcken in a note to Heffter, by
Stoerk and by an Italian, Padelletti? There appears to have been no devia-

Ernest Renan, Qwest-ce-qu'une nation? p. 29. “Si des doutes s'élèvent sur ses frontières,
consultez les populations disputées. Elles ont bien le droit d'avoir un avis dans la question.
Voilá qui fera sourir les transcendants de la politique, ces infallibles qui passent leur vie
á se tromper et qui, du haut de leurs principes supérieurs, prennent en pitié notre terre-á-
terre. ‘Consulter les populations, fi donc! Quelle naiveté. Voilà bien ces chétives idées
irancaises qui prétendent remplacer la diplomatie et la guerre par des moyens d'une sim-
plicité enfantine.’— Attendons, messieurs; laissons passer le régne des transcendants;
sachons subir le dédain des forts. Peut-étre, après bien des tatonnements infructueux,
reviendra-t-on à nos modestes solutions empiriques.” The solution of a plebiscite in
Alsace-Lorraine was urged as late as 1913 by J. Novikov in L’Alsace-Lorraine, obstacle à
Fexpansion allemande.

Edgard Rouard de Card, Études de droit international; J. Heimweh, Triple Alliance et
Alsace-Lorraine; Eugène Audinet, “La prescription acquisitive,” Revue générale de droit
international public, 1896, vol. 3, p. 317.

1“ Cette demande était trop conforme à notre propre sentiment et aux règles de notre
droit public pour que nous y fissions des objections.” Decazes, “ Statement of the Reasons
for Support of the Bill Approving the Treaty of St Bartholomew,” Documents, post, p. 980.

2 De Clerg, vol. 12, pp. 571, 572 and 624.

3 Fr. von Holtzendorff, “ Le principe des nationalités et la littérature italienne du droit des
gens,” Revue de droit international et législation comparée, vol. 2, 1870, p. 92.

In 1869, Bluntschli in Le droit international codihe, $$ 286 and 288, had written:

“La reconnaissance de la cession par les populations ne peut pas être passée sous silence et
supprimée, car celles-ci ne sont pas une chose sans droits et sans volonté, dont on se transmet
la propriété; elles sont une partie essentielle, vivante, de l’état et la résistance de la population
rend impossible la prise de possession pacifique du pays. . . . Cette reconnaissance n'est pas
nécessaire pour soumettre le nouveau territoire et y organiser le pouvoir; mais elle est indis-
pensable pour conférer la sanction du droit au nouvel ordre de choses. Elle sert à constater
que la nouvelle situation est nécessaire et stable, c’est-à-dire qu’elle est légitime.” In 1878,
however, Bluntschli argued that although the express approval of the inhabitants was
desirable, a recognition of necessity, manifested by passive obedience and abstention from
resistance against the new government was sufficient (Das moderne völkerrecht der civi-
lisirten staaten, 3d ed. 1878, p. 286, cited by Fusinato, p. 139, note) and the same passage
was added to his edition of the Droit international codifié of 1881, Fusinato, p. 138, quotes
another passage of Bluntschli's written in 1875, in which .Bluntschli says that Hugo
Grotius requires that, when a part of the territory must be alienated, not only the
approval of the whole but also that of the inhabitants of the portion of territory in question;
“and rightly,” comments Bluntschli, (to quote from the Italian) “because it is a question of

24 PLEBISCITES

tion in the attitude of support of popular appeal by the statesmen,* or the
political writers of France until 1894 when support came to the German view
from one of the chief French writers on international law, Bonfils, and, later,
from Despagnet.? These opposed the doctrine of national self-determina-
tion as contrary to the right of the body politic over any of its parts, as
being dangerous to the State by implying the right of secession, and as en-
trusting to the dangers of universal suffrage a question affecting future gen-
erations. Of the other French writers Pradier-Fodéré * mentions the doctrine
as having been specially made use of in the second half of the nineteenth cen-
tury. From a note in his translation of Fiore's Nouveau droit international *
and from the fact that he includes individual option under the head of popu-
lar consultation, he may be fairly said to deny the doctrine any status in
international law. Bourgeois, however, says that the doctrine is one which
has intrenched itself in the European conscience.’

their entire political existence, and it is not possible that they can be sufficiently represented
by the legislative powers of the whole state at a time when the latter are disposed to dis-
member the community.” Allgemeine Staatslehre, Sth ed. Stuttgart, 1878, pp. 280-281. Fusi-
nato points out this inconsistency and makes the comment, “ Evidently the fact of the cession
of Alsace and Lorraine exercised an influence upon the scientific opinions of the eminent
writer.”

In Geffcken’s edition of A. W. Heffter, Le Droit international de l'Europe, p. 438, note 2
(4th ed.), he says, “le plébiscite mis en scène plusieurs mois après la prise de possession
de la Savoie n'est qu’une simple comédie,”— to which Rouard de Card makes the comment,
“ C’est lá une affirmation purement gratuite,” op. cit. p. 73.

Felix Stoerk, Option und Plebiscite bei Eroberungen und Gebietscessionem, reviewed in
Revue de droit international et législation comparée, vol. 13 (1881), p. 106; Guido Padelletti,
“T’Alsace et la Lorraine et le droit des gens,” Revue de droit international et législation com-
parée, 1871, vol. 3, p. 464.

1 The following quotation from Thiers in an address to the corps législatif on March 18,
1867, is the sole example of French opposition to the doctrine before 1894 which the German
writers have been able to present: “Le principe nouveau de consentement des popula-
tions est un principe arbitraire, très souvent mensonger, et qu west au fond qu’un principe
de perturbation quand on veut l'appliquer aux nations.” Revue de droit international et
législation comparée, 1871, vol. 3, p. 174.

2 Un plébiscite ne peut être que la ratification d'un fait déjà réalisé et accompli. . . . Le
système des plébiscites attribue aux habitants d'un pays des droits qu'ils n’ont pas et un pou-
voir qu'ils ne sauraient exercer. . . . La garantie réelle et vrai contre l'aliénation capricieuse
d’une portion du territoire et de l’Etat cédant réside dans les libertés essentielles du régime
représentatif, dans la nécessité d'obtenir des Chambres législatives, auxquelles est délégué
concurremment avec le pouvoir exécutif Pexercice de la souveraineté, l’approbation de tout
traité comportant une aliénation du territoire de l’Etat.” Henri Bonfils, Manuel de droit
international public (ist ed.), $$ 567-571.

Despagnet (3rd and 4th eds., Paris, 1905 and 1910), $396. The first edition appeared in
1894. It makes no mention of the doctrine of national self-determination. |

3 Pradier-Fodéré, Traité de droit international public européen et américain, 1906, vol. 2,
p. 394 $ 833.

4 Pasquale Fiore, Nouveau droit international public suivant les besoins de la civilisation
moderne, vol. 2, p. 6. Translation by Pradier-Fodéré.

8 “Te monde civilisé n’admet plus que les destinées des hommes, qu’ils soient réunis ou

HISTORICAL SUMMARY 25

Of writers on international law in other countries, the English writers,
in treating of cession, for the most part ignore the doctrine of self-determina-
tion. Hall states definitely that it has no standing in law; Oppenheim
mentions it, but doubts if plebiscites will ever be made a rule of international
law.* Phillimore appears to be kindly disposed to the doctrine of self-
determination but prefers vote by assembly, as in the Ionian Islands, to a
plebiscite.? Coleman Phillipson gives some account of the history of the
doctrine, but dwells on its disadvantages. He cites from Lord Salisbury
the accurate but misleading phrase that “the plebiscite is not among the
traditions of this country.”* Voting by manhood suffrage is indeed not
among the traditions of Great Britain, but the principle of national self-
determination owes much of its prestige to British statesmen.

Although it is arguable that the historic attitude of the United States in
refusing to recognize a new nation or government until the government, by a
vote, if possible, demonstrates that it has the support of the majority, bears
some relation to the doctrine of self-determination, Lieber is right in assert-
ing that the United States has never required a vote in cases of cession. The
negotiation of the treaty with Denmark in 1867, containing a stipulation for
a plebiscite in the Danish Islands, can not be construed as an American
recognition of the principle; it was due to the insistence of Denmark, and
Seward was most reluctant, for diplomatic reasons, to allow the clause to
remain.* Most American authorities omit any reference to the subject of
popular appeal on questions of cession. William Beach Lawrence in 1868
speaks of the principle as one constantly supported in recent times by France,

isolés, puissent dépendre de la volonté d'autrui. Et, autant que le sentiment du respect di à
la signature des traités, celui du respect dü au droit des peuples s’emparait d'une façon im-
précise, mais certaine, de la conscience européene.” Léon Bourgeois, La société des nations,
p. 12. '

1 W. E. Hall, International Law (4th ed.), $ 9; Lawrence Oppenheim, International Law,
voi. 1, $ 219 (2d ed.).

2 Sir Robert Phillimore, Commentaries upon International Law, vol. 1, p. 585.

3 Coleman Phillipson, Termination of War and Treaties of Peace, pp. 282-285. Hansard,
Parliamentary Debates, 3d series, vol. 345, p. 1311.

*To the suggestion made by Japan in 1897 that a plebiscite be held in the Hawaiian
Islands, Secretary Sherman asserted the impropriety of appealing from the action of the
government to the population, and that “in international comity and practice the will of a
nation is ascertained through the established and recognized government, and it is only
through it that the nation can speak” (Mr. Sherman, Sec. of State, to Mr. Toru Hoshi,
Japanese Minister, August 14, 1897). John Bassett Moore, Digest of International Law,
vol. 1, p. 274.

The American Peace Commission at the conclusion of the Spanish War stated in their
memorandum of October 27, 1898, that... “much less do the American Commissioners
maintain that a nation cannot cede or relinquish sovereignty over a part of its territory
without the consent of the inhabitants thereof . . .” (Senate Document 62, 55th Cong., 3d
sess., pt. 2, pp. 100-107; Moore, vol. 1, p. 376).

26 PLEBISCITES

but as not being definitely established as a rule of international law.” Wool-

sey, however, gives views as to alienation precisely like those of Grotius and
Pufendorf.?

Calvo, the chief South American writer, may be quoted by both sides in
the controversy. In 1880 he definitely states that it has become a rule of
international law that to render cession valid the consent of the inhabitants
is required? In 1896 this is modified to a reference to option and plebis-
cite as possible accompaniments of cession.* The question is far from aca-
demic in South America where the chief question still at issue is the carrying
out of the plebiscite stipulated by the treaty of Ancon in 1883. Alejandro
Alvarez, a Chilean writer, repudiates the doctrine as useless in theory and
in fact. The Chilean case involves a rather ingenuous argument which
should be mentioned. It appears to be as follows. As every plebiscite
which has ever been held on a question of cession has resulted for the affirma-
tive, the signers of the treaty of Ancon intended the clause stipulating for a
plebiscite to be the equivalent of a cession, or, in the Chilean phrase, a “ simu-
lated cession.” The actual plebiscite is therefore unnecessary, and if held
it should be under such conditions as to insure a vote for cession to Chile
and to allow of no possibility of a vote for Peruvian sovereignty.°

The Italian writers give an even stronger support to the principle than
do the French, a fact not surprising when one considers the history of Italy.
Fiore, the chief Italian writer on international law, in the first edition of his

1 William Beach Lawrence, Commentaire sur les éléments du droit international et sur
l'histoire de progrès du droit des gens de Henry Wheaton, vol. 1, p. xviii. No reference to
the doctrine is found in Lawrence, Ist edition of Wheaton of 1863.

2“ A State's territorial right gives no power to the ruler to alienate a part of the territory
in the way of barter or sale as was done in feudal times. In other words, the right is a
public or political and not a personal one. Nor in justice can the State itself alienate a por-
tion of its territory without the consent of its inhabitants residing upon the same, and if in
treaties of cession this is done after conquest, it is only the acknowledgment of an unavoidable
fact.” T. D. Woolsey, Introduction to the Study of International Law (2nd ed.), $ 52.

8 “ Désormais, pour rendre definitifs et valides la cession, le transfert ou la vente d'un
territoire, il faut que les habitants méme du pays appelé à changer de nationalité y donnent
leur consentement exprès ou tacite.” Calvo (3d ed. 1880-81), $220. Calvo in his first edition
published in Paris in 1868 had said “ Necesitase hoy para que la cesion, trasferencia, enaje-
nacion, etc. de un territorio perteneciento á un Estado sea válida, el consentimente espreso 6
tacito de las personas que lo habiten.” Derecho internacional teórico y prático, vol. 1, $ 131.

$ Calvo, Droit international (Sth ed.), $ 266.

5“ El conjunto de consideraciones hasta aqui expuestas, demuestra de manera palmaria el
derecho de Chile para sostener que las provincias de Tacna y Arica le han sido cedidas por el
pacto de Ancón; que el plebiscito estipulado es de mera fórmula; y que por consiguiente,
como todos los efectuados hasta el día, debe celebrarse en condiciones que den un resultado
favorable 4 la anexion.” Ministerio de Relaciones Exteriores de Chile, Comunicaciones cam-
biadas entre las Cancillerías de Chile y el Perú y algunos antecedentes sobre la cuestión de
Tacna y Arica, 1905 to 1910 (2nd ed. 1912), p. 174 et seq. The writers on the Peruvian side,
Belaunde and Wiesse, can not be quoted as their treatises are not available in this country.

HISTORICAL SUMMARY 27

treatise on law as it is, makes an unqualified assertion that treaties of peace con-
taining clauses of territorial cession, either of a state or a province, should not
be valid without the consent of the part ceded.! In his second edition, how-
ever, published, significantly enough, after 1871, while granting full value to
an expression of the will of the people for the constitution of what he calls
“ legitimate aggregations ” he does not hold as indispensable the consent of the
inhabitants for the validity of treaties of territorial cession, although, he main-
tains, without such consent, express or tacit, effective possession of the ceded
territory can not take place.? Of the other authorities, Mamiani, Mancini,
and Pierantoni all base the State on nationality and uphold the right of a na-
tionality to form itself into a State. For all cessions of territory Mamiani
and Pierantoni assert that it is of the greatest importance that the inhabitants
should be consulted and should give their manifest and sincere assent? Fusi-
nato states definitely that the union of the Italian kingdom is based on self-
determination by plebiscites. He upholds the juridical status of the doctrine
and defends it against the various attacks of its opponents. His analysis of
the arguments in opposition and in support of the doctrine is by far the most
comprehensive in treatment of any which has been attempted.

The arguments for and against the doctrine of national self-determination
may be summarized as follows. The opponents of the doctrine agree that

1 “Le second principe que nous établissons est le suivant: les traités de paix qui entrainent
la cession d'une partie d'un territoire national ou d'une province entiére ne peuvent étre
valides sans le consentement spécial de la province qui doit passer sous la domination des
vainquers.” Fiore, Nouveau droit international public. (1st ed.) Translated by Pradier-
Fodéré. Paris, 1869. Vol. 2, p. 6. The first edition was published in Italian in 1865.

2 Ibid. (2d ed.) Translation by Charles Antoine, Paris, 1885, vol. 2, $$ 1081 to 1085.

3 This summary of the views of Mancini, Mamiani and Pierantoni is taken from the article
by Holtzendorff in the Revue de droit international et législation comparée, 1870, vol. 2, p. 92,
entitled “ Le principe des nationalités et la littérature italienne du droit des gens,” and from
Fusinato. The original works, which can not be obtained in the libraries at hand, are:
Mamiani, Dell ottima congregazione uniana e del principio di nazionalita and Di nuovo
diritto pubblico Europeo, 1859; Pierantoni, Storia del diritto internazionale nel secolo XIX,
p. 402 et seq.

Besides those authors already cited, Fusinato, p. 136, mentions the following as in favor
of the principle of the plebiscite in questions of cession: Bonghi, // Bismarkismo, in Nuova
antologia, 1871, p. 257 et seq.; Palma, Del principio di nazionalità, p. 29, and Trattati e con-
venzioni in vigore fra il. Regno d'Italia e i Governi esteri, part 1, introduction, p. 18; Brusa,
in the introduction to his edition of Casanova, vol. 1, especially p. cccxlix et seq.

Of foreign writers not already mentioned, he cites as in favor: C. von Rotteck, in Staats-
Lexicon of Rotteck und Welcker, neue Aufl. Altona 1845, vol. 1, s. v. Abtretung, p. 164 ef .
seq.; Danewsky, L’equilibrio politico, la legittimità e il principio della nazionalità, 1882, (in
Russian) ; a criticism of it appears in Annuaire de l’Institut de droit international (6th ed.
1883), p. 314; and opposed: Lasson, Das Culturideal und der Krieg, Berlin, 1868, p. 52,
and Princip und Zukunft des Völkerrechts, Berlin, 1871, p. 83; Selosse, Traité de l'annexion
au territoire francais, Paris, 1880, p. 95; and F. de Martens, Traité de droit international,
(from the Russian), Paris, 1883, vol. 1, p. 469 et seg. It is interesting to find that the
only German writers in the list in favor of the doctrine are those publishing before 1866.

28 PLEBISCITES

to legitimatize a title gained by conquest the express consent of the two con-
tracting powers and the tacit assent of the inhabitants are sufficient. Against
the method of the plebiscite they advance arguments attacking both the valid-
ity of its underlying theory and the expediency of leaving to a vote by uni-
versal suffrage a question of such importance as sovereignty. Their first
argument is that the cession of sovereignty is outside the domain of inter-
national law and is of merely political importance, concerning only the two
States involved. This position appears to result from a failure to analyze
the threefold aspect of a cession of sovereignty, namely, alienation, transfer
and integration. It is true that these three phases are of unequal interest
in international law. The first phase, alienation, corresponding to “ divest-
ing of title,” is obviously a matter largely of constitutional law, but a matter
certainly open to regulation by international law, as it involves national debt,
police and, if done during war, questions of neutrality and blockade. The
second stage, that of transfer, clearly concerns international law, for it has to
do with the relations of two States at least. The third stage, that of integra-
tion, is of a mixed character, concerning the municipal or constitutional law
of the annexing State and, as it involves a question of title, concerning interna-
tional law also. The subject of validity of title has long occupied the attention
of writers on international law, for, as is well known, discussion of title by
conquest, discovery, preemption, occupation and treaty occupy a place in the
treatises, and the doctrines have broadened and developed to meet geograph-
ical and political exigencies.

The opponents next assert that the doctrine that a part of a State may
resist a cession desired by the whole State is wholly subversive of the true
doctrine of sovereignty, and that it defeats its own proposed object of secur-
ing the rule of the majority, since it allows that will to be thwarted by a
minority.!

Such a result, they say, is like allowing a tenant to decide whether he will
pay rent to his landlord or to another? They also point out that a use of
self-determination might well obstruct peace, for it might happen that only by
a cession could a defeated State negotiate peace, as in the case of France in
1871. It might also defeat the ends of justice by preventing the victorious
State, the victim of aggressive war, from enjoying the just fruits of victory.?
The supporters answer that the punishment of guilt for starting a war should
be arranged by indemnities or payment by other means involving property
loss only, but that it should not be made by means of change of sovereignty
over people. They assert, moreover, that although a State may with right

1 Cf. Lieber, also Bonfils (1st ed.), $ 571.

2 Fusinato, p. 144, quotes Paul Laband, Das staatsrecht des Deutschen Reich, vol. 1, p. 184,

to this effect.
8 Geffcken, Heffter, p. 438.

HISTORICAL SUMMARY 29

separate a part of itself for its own interest or safety, with that separation
sovereignty ceases, the part so abandoned having the right to dispose of itself.
The proposition that the right of transfer does not exist, in which practically
all the supporters of the doctrine agree, appears to be based on the presence
of a latent sovereignty in each group, whether artificial or natural — a latent
sovereignty which asserts itself when the former sovereignty ceases through
separation. It is this conception of latent sovereignty as well as that of
the right of a people to resist separation, which arouses that fear of secession
which is so vividly felt by the opponents of the doctrine.* The supporters
assert, however, that the right of secession is not an inevitable corollary, for
to say that the people have the right to oppose separation or transfer is far
from saying that they have the right to initiate it. Indeed on this point it
might well be said that the right of successful secession is already recognized
by international law, and that to introduce the requirement of a popular vote
in such cases would be to cast on the party of secession the burden of proving
the extent of its strength not only by force of arms but also by the ballot.
It might well be that by such insistence secession would be discouraged and
the State protected.* |

The opponents' objection to the practical value of the plebiscite may be
summarized under three heads. The first is the reluctance to allow the fate
of the territory to be settled by a bare majority, swayed, in their apprehension,
not by reason but by sentiment of a possibly evanescent sort. The answer
is made that it is better to have the majority rule rather than the minority,
and that the most important of all matters is precisely sentiment, which is
the force most important to enlist for the purpose of stable order. The second
objection is that the plebiscite presents opportunity for pressure and fraud, ex-
emplified particularly in Savoy and Nice‘ The citation of the votes of Savoy
and Nice against the doctrine is of no value according to Fusinato, who says
that all the accusations brought, and fairly brought, against these plebiscites,
especially on account of faulty execution, can not detract from the theoretical
importance of the affirmation of the principle itself.” The third objection to

1 Padelletti, Lieber, Bonfils, Rivier, Holtzendorff, Despagnet.

2 In the case of the Southern Confederacy although no referendum was taken on the
question of secession, except in Texas, especially elected State conventions in the States of
the far south did indeed vote for secession, before the attack on Sumter. A vote from which
a whole class is excluded, however, even if that class be unenfranchised slaves, cannot, by
hypothesis, be considered as self-determination in the eyes of the twentieth century, what-
ever standing it may have had in the nineteenth. It is noteworthy that it was only after the

call for federal troops, after Sumter, that Virginia and the other border slave States changed
their votes from union to secession.

8 Fusinato, p. 41.

4 Lieber was perhaps the first writer on international law to attack the Savoy vote. His
attack has been repeated by practically every writer in opposition.

5 “Tutte le accuse di cui fu oggetto questo plebiscito, specialmente, come diremo, per i

30 PLEBISCITES

the plebiscites of the past is that they have merely been an unnecessary ratifi-
cation of a fait accompli. As to this argument Fusinato adds that it has
even here a juridical value by showing that the right was bound up with the
force used, because to force was added the will of the people, and that by
resort to the plebiscite all occasion for doubt, dispute or recrimination is re-
moved and the State is given that formal juridical title which is invaluable.*
He points out that the practical objections raised are largely those always
raised against universal suffrage, and that, with proper care, opportunities
for fraud should be rendered negligible.

To avoid the several dangers enumerated, the opponents of the doctrine
assert that the rights of the individual are sufficiently safeguarded by the
doctrine of individual option. To this Fusinato answers at length that how-
ever relatively great may be the use made of option it always remains quite
trivial as regards the mass of the inhabitants, for the great mass in its en-
tirety, even after the exercise of individual option and the effective change
of domicile by some, remains as it was before. Moreover, to say that the
act of the man who remains inactive should be interpreted as an act of spon-
taneous submission and of preference is often a sad irony. How little in-
dividual option favors the liberty of the people, he continues, is shown easily
by the fact that the most liberal treaties in regard to the right of option were
precisely those that settled the partition of Poland.? He might have added
that the option clause in the treaties of Prague and of Frankfort were far
from sufficient.

The war has rescued the principle of self-determination from its academic
retirement. It comes to the fore again without the prestige of its past, for
that has been forgotten with the passing of the generation of statesmen who
supported it. Now, as then, it is turned to as a doctrine promising a prac-
tical solution for those difficulties which were certainiy not solved successfully
by the ephemeral experiments made in the Congresses of Vienna and of
Berlin and in the Treaty of Frankfort. One hears no longer that it is a
doctrine which does not concern international law; for it grows obvious to
the world that everything which concerns sovereignty concerns international
law. The question whether or not the doctrine of self-determination has
standing in international law has yielded to the question. of its fitness for
the purposes of our generation. Thus to-day it becomes worth while to re-
state the reasons which have been urged heretofore, and which will now
vizii della sua esecuzione, non possono evidentemente togliere nulla alla importanza teorica
dell’ affermazione del principio in se medesimo.” Fusinato, p. 104.

1 “Il valore giuridico della pacifica manifestazione nei plebisciti, la quale segue la violenza

della rivoluzione, consiste appunto in questo, che essi purificano l’opera della forza, dimos-

trando che con essa stava collegato il diritto, perocchè ad essa si aggiungeva l’elemento della
volunta del popolo.” Fusinato, p. 134.
2 Fusinato, p. 156.

HISTORICAL SUMMARY 31 |

inevitably be urged again in answer to its opponents. These reasons will now
be summarized.

Title rests for its final sanction on public opinion. History would seem
to prove that, in questions of territorial sovereignty, public opinion bases its
judgment on an unexpressed major premise, namely, that no title acquired
either through treaty, conquest or occupation, or based on economic, racial
or historical arguments, or arguments of military necessity, is valid, no mat-
ter how many centuries it has run, unless it has behind it the consent ot the
majority of the inhabitants of the territory. Of this fact Ireland, Poland,
Italy, Bohemia and Alsace-Lorraine are sufficient proof.

The doctrine of national self-determination was born of the chief con-
tribution of the eighteenth century to political thought, the assertion of the
right of the individual to freedom from despotic control. It is an axiom
of the twentieth century that the individual's right to self-government must
yield to the welfare of society as a whole. One must, therefore, ask how
far the doctrine is consistent with our present philosophy. It is often asked
whether or not the national aspirations of one group should outweigh the
economic desires of another, if it should appear that satisfaction of those
desires is for the good of society. The answer is that the main requisite of
society is order, to which validity of title and territorial sovereignty is
essential. If this is so, then it appears that the interest of the world and
that of the group are one, and that only by basing title on the principle of
national self-determination can there be a presumption of stability for the
State or for the world-wide society of States.

The principle of national self-determination once accepted, there are prac-
tical reasons why the plebiscite should be resorted to in order that the will
of the majority may be ascertained in a definite statistical fashion. The
purpose might be thought to be served either by mere imagination or by
indirect consultation through an international commission collecting evidence
of the desire of the inhabitants by a survey of history, literature, economic
ties and interests, statistics as to race, language and religion, and by receiving
deputations and petitions. Even were it possible by these means to hear
from unorganized masses and interests, it can be easily shown that the cri-
teria of racial and geographic determination are not sufficient guides for
judgment regarding national sentiment. This was particularly true in Alsace-
Lorraine in 1870, when many believers in determination through language
and race thought that language and race required the return of the provinces
to Germany; * and it is true to-day in the case of Schleswig. It is a method

subjective, not objective, too likely to be based upon inadequate generaliza-
tion.

1 The Germans adduced common origin of races, similarity of language and customs,
geographical configuration and historical rights to support their conquest. Fusinato, p. 1.

32 PLEBISCITES

Further, even though the inadequate generalization may happen to reach
the right result, there has been no proof that the result is right or desired.
Inevitably there will be disaffection in the territory in question and in the
State from which it is separated, or the State whose claim is not satisfied.
The real problem is not only to ascertain the existence of a majority, but also
to establish the incontrovertible fact of that majority in order to devitalize
potential sources of agitation. |

Again, the advantage to be acquired by the annexing State through enlist-
ing that loyalty to the State which is the normal psychological result of
participation in the processes of selection is another consideration and a
strong one.

That these advantages will accrue from an actual vote, if charges of fraud
are not too serious, is shown by the Italian votes of 1860, ’66 and ’70, which
effectually silenced the claims of Austria, the petty princes, the republicans
and the Pope. It is shown by the votes of Savoy and Nice themselves, for
whatever the pressure, it was obvious that it could not account for the over-
whelming majority cast for cession. The result of the votes made the pro-
tests of Great Britain, Switzerland and the other Powers appear as weak
as they were futile. It is significant, too, that a disaffected party has not
survived in those territories or in Italy. Yet it may be asserted that in each
case there were other factors which accounted for the permanence of the
solution. This is undoubtedly true, but here is an instance where the cumu-
lative force of the invariable condition of stability following the votes can
not be ignored, and where, consequently, one can not fairly accuse the argu-
ment of being an example of “ post hoc, ergo propter hoc.”

Doubtless to be suited to the use of the twentieth century, the plebiscite
must be modernized. The old methods of partisan administration would
not satisfy the more sophisticated political standards of to-day. The plebis-
cite must be under international and obviously impartial auspices. The accu-
mulated political experience of a century of representative government must
be applied to commissions which should oversee and police the registration,
and guarantee the secrecy of the ballot.

The real problems are, however, of a more general nature, and involve,
among other questions, delimitation of the territory in which the vote shall be
taken, electoral qualifications, and the drawing of the frontier line after the
vote. It is obvious that a rigid plan to fit all cases is impossible. Special
conditions necessitate special provisions. The conditions must be studied
with infinite care, and the solutions must bear promise of justice to all parties,
including both the majority and the minority. In cases of a mixed popula-
tion and an indistinctly indicated frontier line, the international commis-

LCf. Fusinato, p. 135.

AVIGNON AND THE COMTAT VENAISSIN, 1791 33

sion will be forced to follow the proposal made by La Tour d'Auvergne in
the Conference of London and draw a line based on the vote, in the way that
shall most nearly satisfy the obvious desires of the inhabitants of the region.
Here is the proper place for the clause of option, a place first accorded it in
the Treaty of Mulhausen of 1798. It is properly a measure to protect the
dissatisfied minority.

The chief theoretical opposition to the doctrine comes now from the appre-
hension that, once admitted, small units, even so small as cities, may demand
self-determination. Although this difficulty has so far been an academic
one it has now become one of importance. No rule is, of course, possible.
The question is one primarily of proportion, of geographic position and
economic relation; in a word, it must be settled according to the specific case.
No group, however small, should be without its day in court. The court
should be an international commission to whose judgment the matter must
be left. With the resources of customs zones and internationalization of
rivers, ports and the like, the desires of the several parties in interest, even in
the case of a single city, should be capable of being harmonized and the will
of the majority satisfied.

The chief practical opposition to the doctrine comes at present from those
who fear, and with reason, that application in various regions where the
conqueror has bent every effort to denationalize the people and has resorted
to restrictions on language, to deportation and to massacre, would sanction
the former conquest. It is obviously necessary that such methods should
fail of their object and that their results should be neutralized. To arrive
at a just solution in such a case is not easy. There are, however, means of
solution which suggest themselves. It might be well to let only those vote
who are native-born, or who were domiciled in the region before the conquest,
and even to let those children of emigrants or optants vote who will give
pledge to live in the territory if the vote goes in their favor. Finally, by
letting the women vote, not only would there be a more comprehensive ex-
pression of opinion but there would also be secured representation for the
men who have been killed in war or have perished through deportation.

Solution of these problems is not easy, nor should one attempt it without
full knowledge both of the special cases at issue and of the problems, failures
and successes of the past.

THE PLEBISCITES OF THE FRENCH REVOLUTION
AVIGNON AND THE COMTAT VENAISSIN, 1791

In 1789 Avignon and the neighboring Comtat Venaissin were still a part
of the patrimony of the Holy See, an alien dominion in the heart of France,

34 : PLEBISCITES

an enclave, surrounded by the departments of Bouches-du-Rhône, Bases and
Hautes Alpes, Drôme and Gard, and itself encircling, or nearly so, the French
communes of Suze and Mondragon and the tiny principality of Orange. The
Papacy had acquired the two bits of territory by somewhat dubious title in
the thirteenth and fourteenth centuries. After Avignon had ceased to be
the papal residence both it and the Venaissin had been left in the hands of a
vice-legate, under whom the two territories were separately administered.

By 1789 the ninety-eight communes of the two territories contained over
130,000 inhabitants.! The people were French in race and language, and
enjoyed the privilege of regnicoles, sharing freely in the holding of offices
under the French government. To France the inconvenience of this situa-
tion was great, for the region was a refuge for fugitives from justice and a
base for smugglers. History, too, had shown it to be of great strategical
importance in case of invasion from Savoy or Lombardy. The Kings of
France had always considered that as heirs to the Counts of Provence they
had a claim to the territory. Before 1789 it had been occupied and annexed
at various times during the quarrels with the Popes, but had always been
restored, though the restoration had been accompanied by the statement that
actual sovereignty lay with the crown and that the Pope held merely a mort-
gage. The method by which the papal title had been acquired enabled those
opposing it to question its validity. The Venaissin had been taken in 1274
from Raymond of Toulouse by Philip the Hardy and given to Pope Gregory
X in return for his aid against Raymond. Avignon had been sold to Clement
VI in 1348 by Jeanne, Queen of Naples and Countess of Provence, in order,
as the story runs, to gain absolution for the murder of her husband. It was
further asserted that Jeanne was a minor at the time and that the property
was entailed.

For many years there had been in Avignon a party for annexation to
France. The ties had been strengthened by the several annexations to the
kingdom under Louis XIV. The silk manufacturers whose output supplied
the chief industry of Avignon saw their rivals of Lyons far outstripping
them, thanks to the customs barriers. The tobacco growers resented being
deprived of the French market.

On the breaking out of the revolution in France a similar one immediately
engulfed the city of Avignon and spread from there to the Venaissin. Im-
mediately three parties appeared, the modérés who wished to adopt the
French Constitution but to continue under the sovereignty of the Pope, the

The Abbé Maury stated the figures for Avignon to be 30,000 and for the Comtat 100,000.
Archives parlementaires, series 1, vol. 25, pp. 237 and 545. Menou gave the exact figures as
152,919 in his final report, q. v. Documents, post, p. 232.

In 1789 there were ninety churches, convents or religious establishments in Avignon
alone. Soullier, vol. 1, p. 349, note 8.

AVIGNON AND THE COMTAT VENAISSIN, 1791 35

patriotes who wished both the French Constitution and union with France,
and the aristocrates who were against the constitution and for the ‘sover-
eignty and unchanged administration of the Pope. To the patriotes be-
longed a large part of the professional class who desired political reform, the
majority of the merchants, who wished economic advantages, and the Jacobin
element. To the aristocrates were joined the very numerous and power-
ful clericals. Roughly speaking, of the ninety-eight communes, those of
any size appear to have been for France, whereas the small communes of the
upper Comtat and the rural districts, where there was great poverty, were
for the Pope. The ensuing disturbances and civil wars were not wholly on
political lines, however; excessive Jealousy between the two chief towns,
Avignon and Carpentras, and the complex local and personal rivalries con-
fused the issues. Later a fourth party, for autonomy, developed, but was
never of importance save in continuing disorder.

The first proposition made in the French Assembly for the union of the
territory with France came on November 12, 1789, from the neighboring
French departments. It was based wholly on the claims of France to the
territory and on an elaborate indictment of the papal title. No mention was
made of the wish of the inhabitants.! Although there was no discussion in
the Assembly, this proposal of union caused a protest by the parishes of the
Comtat to the French Assembly. This protest avowed the greatest admira-
tion for the principles of the Revolution, but emphasized that among them was
the principle of self-determination, and stated the undying loyalty of the
people of the Comtat to the Pope.?

On June 10, 1790, the aristocrates and patriotes became involved
in a hot armed conflict. The “ patriotes ” defeated their opponents and drove
off the papal legate. After several insurrections the liberals of Avignon had
secured from the vice-legate a municipal government on the French pattern,
and an elective assembly. At the call of the municipal officials the district
assemblies now met, declared the Pope deposed and Avignon an independent
State, and then voted for union with France. At the same time the States
General of the Venaissin, which had just adopted the French Constitution,
reiterated its desire for the continuance of papal sovereignty.®

A delegation from Avignon presented the vote and petition for union to
the Constituent Assembly at Paris on June 26. This petition and succeed-
ing ones were referred by the Constituent Assembly to a Committee on Avig-
non to which were added later the Diplomatic Committee and the Committee
on the Constitution.* The Committee reported on August 27 that the Pope's

1 See Documents, post, p. 173.

2 Documents, post, p. 175.

8 Documents, post, pp. 178, 182.
4 The original committee was composed of Mirabeau (the elder), Barnave, Tronchet,

+

36 PLEBISCITES

title, though faulty, could not reasonably be contested, that no transfer of
sovereignty should be made without the consent of the people involved, and
that the vote of union, taken during disturbances and in the absence of the
losing party, should not be considered as legal. Although there was a spirited
opposition in the Assembly the report was accepted.

Civil war now broke out with intense passion. The Pope, who main-
‘tained no force in the territory, asked the French Government to intervene.
Debates 'ón union once more occupied the Assembly, but in place of union,
French troops were sent to protect French property and to restore law and
order.? This force was of little avail and was withdrawn in the following
January.

During this period of civil war, from December, 1790, to April, 1791,
votes in favor of union were taken by many of the communal assemblies of
the territory. On April 30, 1791, delegates carrying what purported to be
the formal minutes of these communal votes presented themselves to the
Assembly at Paris. The matter was referred to the Committee on Avignon
which, after examining the records, reported in favor of union on the ground
that fifty-nine communes had actually voted for union, that all but one of
the forty others had indicated a corresponding desire, and that, moreover,
the papal title was faulty.

There were three groups in the Assembly, those for union, whether the
people of the territory wished it or not, the clericals who were absolutely
against union, and the independent group who wished union but only if
voted by the people of Avignon and the Comtat. The question of the
freedom of the votes was at once raised from the floor. It was asserted
that the evidence regarding them was insufficient. Robespierre and others
defended the votes but the testimony of La Tour-Maubourg, the analysis
of Clermont-Tonnerre and the arguments of various members of the As-
sembly that the votes were taken in the midst of civil war and under intimi-
dation by the revolutionists convinced the Assembly that the expression of
the popular will was neither sufficiently clear, formal nor free to be adequate
and the ensuing vote resulted in 487 to 316 against annexation.3 A similar
fate met the draft decree introduced by the committee on the following
day providing for the annexation of Avignon alone.*

Charles de Lameth, De Meunier and Bouche. To these were added by decree of August 7,
1790, Pétion de Villeneuve, Cazales and Redon. Archives parliamentaires, series 1, vol.
2, p. 547.

° Po Documents post, p. 185, for report by Tronchet.

2 Cf. Documents, fost, 186, for decree.

8 Extracts from the report and debate are given in Documents, post, p. 188. The deputies
from the departments touching Avignon voted against the union in about the same proportion

as the other deputies.
4 Cf. Documents, post, p. 207.

AVIGNON AND THE COMTAT VENAISSIN, 1791 37

It was evident, however, to all parties that something must be done to
curb the civil war whose violence was threatening the neighboring depart-
ments. Petitions for intervention to prevent further bloodshed poured in
from the region. After interminable discussion the Assembly finally adopted
a compromise measute and on May 25 voted to send three commissioners as
mediators to do all in their power to bring ahout a cessation of hostilities
as a necessary preliminary to taking any further decision regarding the
rights of France in the country.!

Le Scene des Maisons, Verninac-Saint-Maur and the Abbé Mulot were
appointed mediators. These made their way at once to Orange where they
conferred with deputies of the patriote army of Vaucluse, of the two
municipal bodies of Avignon and Carpentras, and of one of the two rival rep-
resentative assemblies of the territory. A treaty of peace was drawn up,
called the “ Preliminaries of Orange,” which provided that the two armies
should be disbanded, order guaranteed by the mediators by means of French
national guards and an electoral assembly held in a place not suspected of
partisanship, where it should occupy itself with the decision as to the political
state of the country.

The Preliminaries were ratified by the French Assembly on July 4. After
comparative order had been restored, the mediators requested the president of
the national assembly of the two states to convoke the active citizens of the
communes for the election of deputies to an electoral assembly, where they
should draw up a statement of the communal votes on the question of union
with the French Republic or continuance under papal rule.

The various versions of the history of the voting in the communes and
the conditions surrounding the votes may be gathered in detail from the re-
ports of the mediators, the report of the Committees on Avignon, and the
formal charges brought by Abbé Maury in the Assembly.? The election ma-
chinery, though of the crudest, merely reflects the customary lack of political
sophistication of the times. Minorities had little or no protection. The
electors or “active citizens” were all those men, not domestic servants, of
the age of 25 or over, who paid taxes amounting to about thirty cents an-
nually. These were summoned by town crier or by placards on the day be-
fore the meeting. The meeting took place in the chief church of the com-
mune. After an address, the presiding officer, either the mayor or the eld-
est citizen, put the question in his own words. Those of the electors who
wished for union with France were told to remain in the body of the church
and those wishing to remain under the Pope to pass into the chapel, or vice
versa. Only one or two of the communes seem to have had more formal

1 Cf. Documents, post, p. 211.
2 Documents, post, pp. 239 et seg.

38 PLEBISCITES

proceedings or to have used a ballot. The communal assemblies met on
different days during the period between July 7 and July 241 At many of
these assemblies the meeting was opened by one of the mediators with an
address, setting forth the advantages of union. French troops were present,
apparently at the desire of both parties and at the request of the communal
authorities to prevent disturbance.

The vote of Avignon was taken by districts. Its sincerity is the special
object of attack. The first meetings of the districts were adjourned by the
mediators on account of the turbulence of the electors.? At the final meet-
ings, two days later, it is said that only the adherents of union dared attend.
Owing to the small numbers of electors present at the second meeting, it was
announced that those citizens who had been absent should go to the Hotel de
Ville to put their signatures to the minute of the vote. No one dared refuse,
say the opponents, who thus account, probably with reason, for the fact that
at the end of three days the same act which had been drawn up in the almost
deserted district assemblies was covered with signatures. The émigrés pro-
tested from their refuge across the river at Villeneuve that the vote had been
taken while the active citizens were in exile.°-

The delegates elected by each communal assembly met in a “national as-
sembly ” at Bédarrides, proclaimed the independent state of “ Vaucluse ” and
voted for incorporation with France. ‘Three delegates from this assembly
accompanied the mediators to Paris, to carry the vote to the Constituent
Assembly.

The Committee on Avignon, to which the question was again referred, in
an elaborate report declared that on examination of the votes it was convinced
of their authenticity and of the freedom under which they were cast. The
report stated that of the 98 communes, 71 had assembled and voted, 52 voting
for France, 19 for the Pope. Of the 27 others, 17 had voted for France in the
earlier votes oí April and May and, being busy with the harvest, refused to
assemble again. The committee counted these as still for union. Ten had
abstained entirely from voting. Whether these should be counted for France
or for the Pope, the Committee reported that the majority of communes were
clearly for union. As for the majority of the population of 152,919 the Com-
mittee estimated that the 52 communes voting for France contained 101,044.
Even counting as now for the Pope all of the communes formerly voting for

1 One commune met as late as August 11. |

2 The story was widely credited that at the first assembly the patriotes opened the
tombs in the church where the assembly was meeting and threatened to throw the papists in
and that the mediators contented themselves with merely closing the tombs and did not allow
the Municipality to prosecute. This story is answered by Le Scéne des Maisons in his
answer to Maury's charges. Documents, post, p. 260.

8 Pierre Charpenne, Les grands épisodes de la révolution dans Avignon et le Comtat, vol.
1, p. 204, points out that this protest bears no signatures.

AVIGNON AND THE COMTAT VENAISSIN, 1791 39

France, but later abstaining, as well as the 10 abstaining and the 19 actually
voting for him, the inhabitants of the communes voting for the Pope num-
bered only 51,873.!

The vote, according to the report of the mediators, had been free and inde-
pendent of all pressure, which was proved, they said, by the fact that some of
the communes, even though French garrisons were present, had voted for
papal sovereignty. The Committee, therefore, considering that the independ-
ence of the territory had been recognized by the Preliminaries of Orange and
being of the opinion that union would be to the interest of France as well as
that of Avignon and the Comtat and that the Powers would not object to a
proceeding so founded on justice and reason, reported in favor of union,
basing its final report on the communal vote of the territory. After a stormy
debate the law of union was passed by the Assembly on September 14, 1791.

The vote of Avignon and the Comtat is a matter of controversy to this
day. Local and religious feeling, never more intense, have served to cloud
the whole affair with recriminations which later historians have perpetuated
without adequate consideration as to whether the charges are really meant
as attacks on the votes themselves or concern other and separate local issues.
The complexity of the rivalries of the region, which makes investigation at
this distance of time most hazardous, appears in the fact that one of the
chief complaints against the mediators, namely, that they recognized the Army
of Vaucluse and the electoral assembly of Cavaillon, came from the munici-
palities of Avignon and of Carpentras, both bodies having recently voted for
union with France.

The clerical party made the accusation that the revolution in the Comtat
and Avignon was incited from France, that the mediators had shown par-
tiality towards the “ Army of Vaucluse” which was a self-confessed band
of brigands, whose leader gloried in the name of “ Coupe-tête ; ” that they had
shown unpardonable lack of judgment in having summoned the leaders of the
band to a conference at Orange; that they had recognized the less legally
constituted of the two rival assemblies, and that, by threats of withdrawal of
the French forces, they had played upon the resulting fear of violence and
thus forced the communes which were really papal in sentiment to vote for
France. The French party in answer to this last pointed to the respectable
number of communes which, although voting for the Pope, had incorporated in
their minutes a vote of thanks to the mediators.?

1 The question of what percentage of the total population of Avignon and the Comtat
were “active citizens” and what percentage of these voted can not be answered definitely.
Menou in his report stated that the population of the city of Avignon was 24,000 and that
there were four to five thousand active citizens. The proportion in the Venaissin must
have been very much less than in Avignon owing to the great poverty of the rural districts.

2 See the Minutes of the Commune of Séguret, Documents, post, p. 216. The minutes of
the Commune of Caderousse, after reciting that the active citizens met to the number of 308

40 PLEBISCITES

The clerical party was undoubtedly justified in some of its points. The
mediators, though their work was done by intrigue rather than by force or
threats, were certainly guilty of partiality.? The Minister of Justice, Duport,
in a letter of August 14, although characterizing the attacks on the mediators
as exaggerated, admitted that their own correspondence evinced too great
a desire to effect the union and too little impartiality.2 The Army of Vau-
cluse certainly committed excesses under their eyes, and in fact later became
so unruly that it opposed union and wished autonomy as the best way of
postponing the return of law. The mediators, however, appear to have
favored the army for its Jacobinism rather than its pro-French sentiments,
for they supported it against partisans of union also.

It is of some aid in unravelling the tangle of evidence to find that the
solution of the question appears to have brought satisfaction, at least to
the majority. The papal authorities admit that even the Comtadins who
were most devoted to the Holy See had felt the need of union with France,
and that the cleavage quickly ceased to be along the question of sovereignty
and became one of class. In becoming French the Papal party became royal-
ist. The line was still one of artstocrate and patriote The violence
which broke out again soon after the union did not extend to the Comtat,
but was limited to Avignon and appears to have been due to local hatreds
of incredible intensity and to delay in sending French troops and instituting
French authority.

By the Treaty of Tolentino, signed February 19, 1797, the Pope finally re-
linquished all right to the cities and territories of Avignon and the Comtat
Venaissin in favor of the French Republic.* No mention is made in the
treaty of the vote of the people of the territory.
in the parish church on July 24, continues, “ They hasten to profit by the tranquillity promised
by the return of peace, precious fruit of the wisdom and nobility of the French nation, and of
the infinite care given by the mediators of France . . . and unanimously declare in the face of
the universe in the manner ordered by the mayor, that their desire is to remain faithful to
the Pope and the Holy See.” Translation. For French text see Charpenne, vol. 1, p. 223.
‘This is one of the communes which, Soullier says, the mediators were unable to master.
Séguret, Grillon and Piolenc also gave thanks to the mediators in their formal minutes.
The only minute containing any accusation against the mediators is that of the commune
of Bolléne which had voted for the Pope on July 7, 415 citizens being present. The minute
recites that on August 10, Le Scène des Maisons appeared with troops and ordered them
to vote for union or to remove the French arms which they had displayed for protection.
The citizens voted to ask the aid of the Department of Dróme to induce the mediators to
allow the arms to stay, and the vote for the Pope remained unchanged. Charpenne, vol. 1,
p. 215, gives the text of this deliberation which is, however, unsigned.

1 Soullier, vol. 1, p. 246.

2 Charpenne, vol. 1, p. 237.

8 “ From now on we shall see only two parties, royalists and republicans. We were wholly
French, and were arrived at a time when there was no more question of the court of Rome.”

Translated from Soullier, vol. 1, p. 73.
4 F. de Martens, Recueil de traités (2nd ed.), vol. 5, p. 241.

SAVOY, 1792 41

Savoy, 1792

At the outbreak of the Revolution in France the duchy of Savoy, which had
once formed part of the empire of Charlemagne, was part of the kingdom
of Sardinia, to which sovereignty it had passed through the intermediate
hands to the Counts of Provence. The duchy held 58 communes, grouped
in seven provinces. It had at five different times been part of the French
kingdom. The people were French in language and sympathy, and the prin-
ciples of the Revolution found ready converts among them. The Turin court,
by offering asylum to the émigrés and persecuting the patriotes of Savoy,
alienated whatever loyalty might have remained. When, on September 19,
1792, Montesquiou, General of the Army of the Midi, entered Savoy with
twelve battalions, he was received with the utmost joy by the inhabitarits.
The Sardinian troops abandoned all the fortifications and retired before the
French with scarcely a shot. On September 24 the gates of Chambéry were
thrown open by the Municipality and the keys presented to the General, the
Syndic greeting him with the words “ We are a people not conquered but
delivered.”

On September 24 Montesquiou sent a glowing description of his reception
to Servan, Minister of War.! In speaking of the welcome of the people he
says that he has already heard suggestion of erecting Savoy into a department
of the Republic and asks guidance as to how to use his great influence.

The question was debated in the Convention at Paris on the 28th. Grati-
fied as the deputies were at the friendship for France which their armies
were at that time finding not only in Savoy but also in the country about |
Mayence, the suggestion of annexing Savoy without consultation of the
people was repudiated absolutely. Neither the arguments of Danton nor
of Louvet de Couvrai urging the need of defraying the expenses of the
war and of ensuring a free government to the newly delivered Savoyards
availed. Discussion on the question was closed.

Meanwhile the three commissioners who had already been sent by the Con-
vention to keep watch over Montesquiou's devotion to revolutionary prin-
ciples, had decided, on consultation with the clubs at Chambéry, to put the
question of union to a vote. On October 6 the commissioners issued a proc-
lamation to the Savoyard people announcing to them that the imprescriptible
sovereign rights of the people were restored to them, and that they should
have a free choice as to their future status. Should the Savoyards choose to
return to their former despots the way would be open, but their choice must
be by the majority of the people in primary assemblies “ which are the

1 Documents, post, p. 270.

42 PLEBISCITES

only ones where the people can exercise sovereignty.” ! The established
authorities were continued in office until successors had been chosen by the
people.

The communal elections were held on different days during the period
before October 14. The procedure was similar to that of the assemblies of
the Venaissin.? The suffrage was probably on the same basis as that in
France, where the distinction between active and passive citizens had been
abolished. The decree of August 11, 1792, had introduced universal suffrage
for all those male citizens, save domestics and indigents, who were over
twenty-one years of age and who had been domiciled in the commune for six
months and had taken the civic oath.?

Although the simplicity of the methods used in the communal assemblies
reflects that of the votes of Avignon, the historians make no charge of out-
side influence or of intimidation by either party. Montesquiou had shown
his good faith by withdrawing his forces from Chambéry and taking up his
headquarters to the north at Carouge, near Geneva.‘

On October 21 the deputies elected in the communes met in the Cathedral
of Chambéry. After their powers had been examined it was found that
only three of the 658 communes of Savoy had failed to assemble. These were
the three near the Italian border and still occupied by Sardinian troops. Of
those assembling, 583 had voted for immediate union, 70 had given full
powers to their deputies, one had voted for an independent republic and one
had failed to indicate an opinion. At the fourth session, on October 23, the
deputies formed themselves into the “ National Assembly of the Allobroges ” *
and proclaimed the deposition of the House of Savoy. After abolishing
.feudal rights and privileges, tithes, torture, and the salt and tobacco tax,
and decreeing the return to the nation of the possessions of the clergy while
reserving the right of usufruct to the ecclesiastical holders of titles, the
Assembly cast a solemn vote of union with France.”

The four delegates elected to carry the vote of union to the French Assem-
bly appeared on November 21, with a copy of the formal minute of the
Assembly containing the vote by provinces.8 The address was received with

1 Documents, post, p. 278.

2 See Documents, post, p. 281. .

8 J. B. Brissaud, A History of French Public Law, $$ 491-494. Translation by Garner.

4 Saint-Genis, Histoire de Savoie, vol. 3, p. 142. France was at the time contemplating an
expedition against Geneva.

8 Cf. Address of the National Assembly of the Allobroges to the National Assembly of
France. Documents, post, p. 289.

6 The Allobroges were a Celtic tribe which crossed the Alps with Hannibal and settled in
what is now Dauphiny and Savoy. Traces of their language of Rhaeto-Romansch are still
found in the Italian valleys of the Swiss Engadine.

7 Satnt-Gents, vol. 3, p. 147, gives an account of the proceedings.

8 Documents, post, p. 289.

NICE, 1793 43

enthusiasm and referred to the Diplomatic Committee. On November 27,
Grégoire presented the report of the committee and a draft decree of union.
The reporter recites that it is plain that in Savoy as in France the people
are sovereign. France has sworn no conquests, but has not sworn to repulse
those peoples already united to it by common principles and interests who,
by a free vote, beg for union. After an enumeration of the mutual benefits
to be expected, the decree was submitted and adopted. The preamble, as in
the decree of union of Avignon and the later decrees, bases the union on the
vote of the people cast in primary assemblies.!

The administrative changes were accomplished without disturbance. The
people welcomed the French régime, the young men enrolled in great num-
bers in the Légion allobroge and formed battalions of volunteers.? The
troubles which came later were a consequence of the development of the .
revolutionary legislation. ‘The clergy, who had welcomed the French troops
and had not raised a voice against the abolition of their privileges, were deeply
resentful of the civic oath. The lively fear felt by the Savoyard peasant for
the growing movement against religion, and his resentment against conscrip-
tion were made use of by the émigrés. There gradually arose a clearly sep-
aratist royalist movement. This does not, however, appear to have been
so much a movement back to Sardinia as away from the Revolution.

Sardinia renounced all rights in Savoy and Nice by the Treaty of Paris
of May 15, 1796. The second Treaty of Paris of May 30, 1814, divided
Savoy, giving part to France and part to Piedmont. This division aroused
unanimous protest in the duchy. The frontier of 1790 was restored by the
Treaty of November 20, 1815, the French Constitution was taken away, and
the exodus of Savoyard émigrés to France began again. The sixth annexa-
tion had lasted twenty-three years.

Nice, 1793

Nice, which had passed like a shuttle-cock back and forth from Sardinia
to France since the Middle Ages, had been given, with its surrounding county,
to Sardinia by the Treaty of Aix-la-Chapelle of 1748.

As a part of the military expedition into Savoy, General Anselme, a lieu-
tenant of Montesquiou, with 3,000 men, crossed the frontier into Nice. The
entrance into the city was made without a shot, the émigrés and the Sar-
dinian troops fleeing as in Savoy. The Nigois, apparently as eager as the
Savoyards for the termination of the Sardinian rule, received the French
troops with rejoicing. Anselme, however, far from following Montesquiou's

1 Documents, post, p. 295.
2 J. Trésal, L'annexion de la Savoie à la France, p. xxxiii.

44 PLEBISCITES

policy of preserving the already existing municipal bodies set up new ones
oí his own choosing. On October 24, Lasource, reporting for the Diplomatic
Committee on the letter of Montesquiou referred to it by the Assembly,?
objected that Anselme had appointed tribunals and administrative bodies —
a right, according to the committee, not possessed by France and therefore
incapable of transmission to her generals.

On November 4, there was read in the Convention an official letter signed
by the provisional administrative bodies of the city and county of Nice, ap-
pointed by Anselme, stating that the citizens desired union with France.? The
delegates carrying this were received with great enthusiasm, but a motion
that the request of the citizens of Nice be acted on at once called forth a
protest from Barére de Vieuzac who insisted on a free vote of the people
in primary assemblies before any such action. The Convention thereupon
closed the discussion, declaring that it could not deliberate upon the demand
for union until the express wish of the people, freely uttered in primary
assemblies, had been heard.?

The Nigois, accordingly, set about copying the procedure in Savoy and
held elections for a “national convention.” The primary assemblies were
summoned by the mayor of the provisional government, in letters of convo-
cation sent out on November 12, calling on the citizens to deliberate on the
form of government suitable to a sovereign people for the securing of their
liberty.*

The voting was by acclamation, as in Avignon and in Savoy. There were
no votes against union from any assemblies as a whole, and few from indi-
viduals. There appears to have been a second convocation on December 16,
in order to elect deputies to the “ National Assembly.”

On January 4, 1793, the delegates from the communes and the eight sec-
tional assemblies of Nice, itself, constituted themselves as the “ National
Assembly of the Colons Marseillais.”9 After verification of powers and
the taking of an oath of allegiance to the nation and to the principles of liberty
and equality, a vote deposing the Sardinian King was passed, and two dele-
gates were appointed, the same two who had already presented the address
of the Municipality, to again present the wish of the people of Nice, now
freely expressed in primary assemblies, for union with France.®

1 Cf. supra, p. 8.

2 Documents, post, p. 285.

38 Cf. Documents, post, p. 285.

4 A note by the editors of the Archives parlementaires, series 1, vol. 56, p. 225, states

that the summons was sent to only twenty communes, some having been inadvertently
forgotten, some being still in the hands of Sardinia, but that the oversight was quickly re-

paired.
5 Nice was founded some time before the Christian era, by the Phocaeans of Marseilles.

6 Documents, post, p. 296.

THE BELGIAN COMMUNES, 1793 | 45

The decree of union was delayed by the absorbing question of the fate of
Louis XVI and was not passed by the Convention until January 31. The
decree recites that the Convention accepts the vote of the sovereign people of
Nice, freely expressed in primary assemblies, and incorporates the county in
the French Republic.!

THE BELGIAN COMMUNES, 1793

In November, 1792, the desire of the National Convention to strike at the
Coalition, and especially at Austria, at the weakest point, led to the dispatch
of the Armée du Nord under Dumouriez into the Austrian Netherlands. By
the victory of Jemappes, on November 6, the whole of the southern part of
the country was opened to the advancing French army.

Although the republican movement of 1789-90 had been short lived and
Austrian rule had been quickly reestablished, hatred of the Austrians was
strong and enthusiasm for revolutionary ideas still flourished. Dumouriez
was welcomed with enthusiasm. Brussels hailed him as a liberator. Liège,
the capital of the Walloon country, seemed intoxicated with joy.

The Convention, in order to prevent any accusation of wishing to effect a
political invasion, had recalled its envoys to the Department du Nord, who
wished to follow the army into Belgium. Both generals and politicians re-
jected all idea of territorial aggrandisement. Biron, Robespierre, Dumouriez,
all were explicit as to the aim of the campaign.

Like Montesquiou, Dumouriez, on entering Mons on November 8, had
issued a proclamation calling on the people to assert their sovereignty and
depose their despots, assuring them that the French Convention had no wish
to interfere in the question of their future government. But the proclama-
tion went further than that of Montesquiou. It insisted that, in order to
treat with the French Republic, the existing authorities must be suspended
and new administrations must be set up. These, to be sure, were to be
freely chosen by popular election and the generals were instructed by Du-
mouriez that they carried liberty to the people and should not seek to influ-
ence them in the choice of the forms by which they wished to maintain it,
but Dumouriez had omitted to draw up provisions for the elections in detail
and the principle of popular elections was differently applied in different
places. In spite of the French agents,* however, the popular societies, and

1 Documents, post, p. 301.

2 Chuquet, Jemappes et la conquéte de la Belgique, p. 179, C. J. A. Borgnet, Histoire des
Belges à la fin du xvitie siècle, vol. 2, p. 149. See particularly letter of Gensonné to Malou-
Riga, Chuquet, p. 180.

3 Chuquet, p. 181, et seq.; Borgnet, vol. 2, p. 70, et seq.
4Le Brun, the Minister of War, had, on Dumouriez' advice, appointed three French

46 PLEBISCITES

the exhortations made by Dumouriez in his addresses and proclamations, the
elections for the popular assemblies went for the statistes or moderates
who wished to restore the old constitution and the States General. Only
in the province of Hainault and the cities of Brussels, Mons and Charleroi
did the French party gain control, and there only, it was charged, by means
of pressure and force.

It had become apparent from the behavior of the French agents and army
as well as from the debates in the Convention that the character of the
expedition- was changing. The Convention was faced with the need for
funds with which to carry on the war, and the wealth of the Belgians made
an irresistible appeal, for the problem of how to support six hundred thou-
sand troops in the campaign was a desperate one and served to weaken the
scruples of many.! A further absorption of the assignats was imperative,
and the hope that the Belgians would receive them voluntarily and at par
had not been fulfilled. ‘There arose a demand that the circulation should be
forced. Dumouriez refused. The strength of the statistes in the elections
gave rise to the argument that the Belgians must be saved from their lethargy
and forced to be free. To reinforce these arguments the old one of the
“natural limits” was resurrected. The Belgians were not slow to realize
the trend. On December 4 a deputation representing the cities of Brussels,
Mons and Tournai presented themselves to the Convention to thank the French
nation for its aid and to beg that it would pledge itself never to sign a treaty
not recognizing the independence of Belgium. They had been instructed to
protest against the assignats, and to demand a pledge that there should be no
effort towards union with France, but on the advice of Le Brun these pro-
tests went unuttered. |

The fears of the Belgians were soon to be only too well justified by Cam-
bon's decree of December 15.2 This decree provided that, in the countries
invaded by France, no one could vote or hold office who had not taken the
oath of liberty and equality, and renounced in writing the privileges of
which he had been possessed. All taxes were abolished, a measure crippling
to the existing government. The decree further provided for two sets of
agents to go into Belgium to assist in the establishment of “ revolutionary
power.” A commission was to be sent to fraternize with the provisional
administrative bodies which should be elected under the suffrage above de-
scribed, and another group, called National Commissioners, were to advise
with the generals and the provisional administrations as to the questions of
agents, Bourdois, Metman and Chépy, to advise with Dumouriez and with the self-appointed
Comité revolutionnatre des Belges et Liégois.

1 See the letter of Le Brun to the national commissioners, January 31, 1793. Chuquet, p.

195; also letter of Cambon, Borgnet, vol. 2, p. 197.
2 Documents, post, p. 302.

. THE BELGIAN COMMUNES, 1793 47

supplies for the armies. These provisional bodies were to resign their
functions as soon as the people should have organized a free and popular
government, but should they refuse the blessings of liberty and equality and
recall their former princes, the decree further stated that the French nation
would consider and treat them as an enemy.

The decree prejudged the union. It at once called forth protests from
the friendly provisional body of Brussels, from the governments of Hainault,
Namur, Louvain, Malines, Tournai, Brussels, Ypres and Ghent.! The only
cities where the decree did not bring forth official protests were Liège, Mons
and Charleroi, and even in Liége there was indignation. The protests were
vain. The necessity for the circulation of the assignats had deafened the
ears of the devotees of popular sovereignty. Moreover, it was at the time
when the trial of Louis XVI was about to begin and any other subject was
of minor importance to the Convention and to Paris.

Camus, Danton and Delacroix had been appointed on November 30 as
commissioners to investigate a dispute between Servan and Dumouriez re-
garding questions of military supplies. On their arrival in the Belgian
country they started clubs everywhere to prepare the way for a revolutionary
triumph in the elections. Dumouriez, believing that a free Belgian republic
would be of far greater protection to France than an unwilling annexation,
was sincere in his announcements that he wished to free and not conquer
the country. The storm raised by the decree alarmed him, and it was only
after threats from Delacroix that he consented to proclaim it.?

It was obvious to the Belgian patriots that the only hope of independence
lay in a national assembly, but there was no common centre in the country,
nor was there sufficient unanimity to make a national cooperation easy, and
the decree of December 15 had deprived the administrative bodies of all
resources by abolishing taxes. Liège, far more democratic than the rest
and also much more naturally sympathetic with France, was not so out-
raged at the decree nor was it anxious to join with the other more conserva-
tive Belgian communities under a common government. Provincial senti-
ment existed in most of the other cities also. The assemblies of Ghent and
Ypres sent delegates to the Convention to beg for a national assembly.
Their plea was supported by Dumouriez, but the revolutionary clubs of the
Belgian cities, clubs largely composed of Frenchmen, sent their delegates to
oppose the plan of an assembly and the Convention disregarded the Belgian
plea. The only support came from Dumouriez, who saw in a national assem-

1 Chuquet, p. 201. Cf. Documents, fost, p. 311, for the protests of Namur and Hainault.
The protest of the Representative Assembly of Hainault was endorsed by a vote of 207 to 2.
Borgnet, vol. 2, pp. 106-115, gives a detailed account of the sentiment in the various parts

of the country.
2 It was not posted in Brussels until January 18.

48 PLEBISCITES

bly the only means of averting the storm. To further a national assembly
he conceived the plan of holding primary assemblies, one for each two hun-
dred families, each to choose two electors, those from each province to meet
at a fixed place to elect members of the provincial assembly and deputies
to a Belgian National Convention.! The conservatives were to be excluded
by the requirement of the oath of liberty and equality. Having ordered the
elections, Dumouriez left for Paris and the commissioners failed to carry
out his instructions. The only place where primary assemblies were held
according to Dumouriez’ plan was Brussels. From the detailed account given
by Borgnet of the elections held by the twenty-one sections of Brussels it is
evident that party jealousies were far too extreme to permit any sacrifice for
a national good. Only one section took the oath prescribed by Dumouriez.
The others substituted another of different tenor.? All of the assemblies
voted for the reestablishment of the governmental system of 1790, a vote
which led to despotic measures from the commissioners who accused the
elections of having lacked formality and refused to allow others to be
held.?

The masters of the policy in Belgium were the commissioners of the Con-
vention: Camus, Gossouin, Danton, Delacroix, Treihard, Merlin de Douai,
and Robert.* These commissioners were to pass provisionally on all ques-
tions as to procedure and to “ fraternize ” with the provisional administra-
tions. To the military commanders was left decision as to time, place and
manner of assembling and the issuing of the proclamations necessary to the
carrying out of the decrees.

Under the commissioners were the thirty national commissioners who had
the duty of directing and giving tutelary supervision to the provisional ad-
ministrations, to the circulation of the assignats and to all requisitions for
military purposes. Misguided as was their policy, they appear to have been
well-intentioned but stupid enthusiasts. Working with these officials were
the clubs in Brussels, Malines, Louvain and Antwerp, where they had been
holding meetings and voting for union for a month past, but these clubs
were far from speaking for the country. The Société populaire of Brussels
in February numbered twelve Belgians, the rest of its members being mostly
French. In support of the decree of December 15 the club of Brussels had

1 Borgnet, vol. 2, p. 119.

2“ Nous jurons de maintenir la religion catholique, la liberté et l’égalité conformément
à nos lois, et de reconnaitre la souveraineté du peuple brabancon,” from the formal minutes
of the primary assemblies of Brussels, tbid., vol. 2, p. 121.

8 Ibid., vol. 2, p. 123.

4 Chaussard, one of the national commissioners to Brussels, quoted by Chuquet, p. 229,
says they were “a kind of ambulatory dictation, invested with unlimited power, spreading re-

ligious terror before them, and strong in a reputation for talent and eloquence.”
5 Chuquet, p. 215.

THE BELGIAN COMMUNES, 1793 49

ordered the formation of a legion of sans-culottes belges et liégeois, and
had started a reign of terror.

The first vote of union with France came from the communes of the
Pays de Liège, the heart of the Walloon country. Liège held a position
entirely distinct from that of the rest of the Belgian cities. It had had
no part in the confederated republic of 1789. Scornful of the conservative
spirit and subservience to the church in the rest of Belgium, Liége wished
union with France to escape a restoration of the Prince Bishop.! In race
and political structure it had appeared to Dumouriez on his entrance as a
second French nation, with the same republican ideas and energy. Confident
of its support he had allowed the old municipal council, elected in 1790, to
be restored, and to call a National Convention of Liégeois on a basis of
universal suffrage. |

On December 23, 1792, the communes of the districts of Franchimont ?
and Stavello in the Pays de Liége met in primary assemblies, declared the
right of popular sovereignty, abolished feudal rights and voted to form an
indissoluble union with the French Republic. Three days later the members
of the Congrès franchimontois of 1790, with the other deputies, agreed to
this vote in the name of the greater part of the country, reserving to their
constituents the right of ratification. On January 7, the deputies of the
greater part of the district met again to ratify the vote. This was all done
with the approval of the commissioners. The primary assemblies of the
commune of Liège were officially summoned on January 16 by the municipal
council and met in sixty-one sections on January 20. The vote was not
counted until the 28th. Out of 9,700 voting, 9,660 had voted for union and
only forty against. In the majority of the sections the vote was by “ secret
ballot,” so-called, in others it was by acclamation “ preferring the more enthus-
iastic method.” But whereas the vote of Franchimont had been unaccom-
panied by any reservations, that of Liége carried stipulations regarding the
national debt, indemnities and the asstgnats.* The efforts of Danton to get the
whole country incorporated when only the city had voted were unsuccessful.
The Convention was still anxious to avoid all appearance of conquest, and re-
fused to decree the union before the rest of the Pays de Liège had been heard
from.

The Convention was becoming impatient at the delay of Dumouriez in
convoking the primary assemblies in the other Belgian communes. Accord-

1 Chuquet, p. 223.

2 Chuquet, p. 222, quotes the following from Merlin de Douai, ‘ Ce que la France a été
pour le reste de l'Europe, le pays de Liège l’a été pour la Belgique, et le pays de Franchimont
pour celui de Liège.”

3 Borgnet, vol. 2, pp. 196, 198, 200. Letter of Wattel, president of the municipality, to
General Miranda. Archives parlementaires, series 1, vol. 59.

50 PLEBISCITES

ingly, on January 31 another decree was passed, supplementing that of De-
cember 15th and providing for its immediate execution, within fifteen days,
under penalty of the Belgian people being considered enemies of the Re-
public." The limit appears to have been somewhat elastic for on February
19th the commissioners issued to the Belgian people a proclamation com-
posed of a preposterous mixture of biblical citations and exhortations urging
a vote for union with the French Republic at the approaching elections.?

That the commissioners were relying on force rather than on the desire
of the inhabitants to win a vote for union is undeniable. The evidence is
overwhelming. Borgnet quotes Chaussard to the effect that the National
Commissioners had met at Brussels on February 3 to decide the question
“ Shall Belgium be united to France?” The vote, with one abstention, was
unanimously in favor of the union, and the discussion turned on the procedure
to be employed. The ballot was rejected for the viva voce vote which “ had
the advantage of making known the individuals, of incalculable value under
the circumstances.” *

The commissioners were confirmed in their distrust of a free vote by the
publication of the vote of the Pays de Liège on February 12. The country
had, to be sure, given 19,401 votes for union out of 21,519 voting, but 14,103
of these votes were for a union with conditions as to the assignats* No
pressure had been applied, and the vote was free,— the only free one in Bel-
gium. But the conditions made it distasteful to the Convention, which de-
layed the final vote of annexation, hoping for another and unreserved vote
from Liege. This was delayed too long and could not be managed before
the French evacuation. Liège was annexed on May 4 on the basis of the first
vote.

The primary assemblies of Mons n met on February 11, of Ghent on the 22d,
and of Brussels the 25th. This system of voting in different places on different
days enabled the sans-culottes to carry their methods of terror from one city
to the next. Everywhere force was displayed “to prevent disorder.” The
reinforcements requested by the commissioners did not arrive, so the troops
as well as the sans-culottes were moved from one town to another. The
electoral machinery appears to have been quite as crude as that of Avignon
and Savoy, yet whereas some semblance of order was observed in the pre-
vious assemblies, in those of the Belgian communes no one asserts that there

was the least suggestion of it.

1 Documents, post, p. 318.

2 Cf. Documents, Post, p. 318.

8 Borgnet, vol. 2, p. 181, quotation from Chaussard, Mémoires historiques et politiques,
-p. 437.

+ Borgnet, p. 200, says 80,000 citizens abstained.

5 Chuquet, p. 244.

THE RHINE VALLEY, 1793 51

The circumstances appear to have been the same throughout Belgium.
Only a small number of citizens voted. The churches where the voting took
place were surrounded or filled with soldiers. After an address by the French
commissioners, often not understood, and a demonstration by the clubs, the
vote was taken at once and by acclamation, or by passing to right or left, and
a register opened for protests which no one dared to make. In the small
towns where the commissioners lacked the support of the troops there appears
to have been a lively resistance.!

Had the Convention desired to question the validity of the votes it had
had ample warning and sufficient evidence in the formal minutes themselves
to warrant it. But such was the eagerness to consummate the union, that
the testimony of the French agents was eagerly credited, and no investigation
was attempted. As fast as the formal minutes were laid before the Assembly,
it proceeded to annexation, in most cases on the very day or the day after,
at times dispensing even with any report of the Diplomatic Committee.

Owing to the military reverses of the French arms these unions were not
carried out until 1795 when by a decree of October 1, the decrees of March
2nd and 4th, and of May 8, 1793, were put in execution and the votes cast in
1795 by the communes of Ypres, Grammont, and other parts of Flanders, of
Brabant and of the former Austrian part of Gueldres, not included in the
former decrees, were accepted.

THE RHINE VALLEY, 1793

While the Belgian communes were being forced into a reluctant union, a
similar activity was going on in the region to the south. On February 14
the Convention in one decree proclaimed the annexation, based on the popular
vote, of Monaco and of numerous small communes along the edge of the de-
partments of the Moselle and Bas-Rhin. These were chiefly in the Saar val-
ley, in the duchy of Deux Ponts, in the bailiwick of Harschkischen, belonging
to the Princes of Nassau, as well as other communes belonging to other petty
princes.2 These votes had occurred after the region had been invaded and
they were held under the conditions laid down by the decree of December 15.
On March 14, Bergzabern and thirty-one neighboring communes were an-
nexed.* The most important annexation was, however, that of the “ Rheno-
Germanic ” people.
— 1 Chuquet, p. 249, et seq. See Formal Minutes of the Assemblies of Brussels and Ghent,
Documents, post, pp. 322 et seg.

2 Martens, Recueil des traités (2d ed.), vol. 5, p. 186.

3 Documents, post, p. 316.

4 Cf. Documents, post, p. 343, note. On March 20 the communes of Biding, Denting and
the German part of Lelling-Empire were also annexed. |

52 PLEBISCITES

The courts of the petty princes of the region between Bingen and Landau
were partisans of the old régime in France, but the revolutionary principles
had been -joyfully received by the bourgeoisie. The lodges of Freemasons
had long been working for the same ends and at once helped with the propa-
ganda.’ Custine’s advance was unopposed. By October 20, 1792, the gates
of Worms, Speier and Mayence had been opened to him from within. In
Mayence and the regions near Alsace there was a particularly strong French
movement composed of the intellectuals, the supporters of the Revolution, and
the merchants tired of backward conditions and corrupt rule? So long as
Custine refrained from autocratic measures the expedition met with no oppo-
sition. In the region occupied by the army, belonging to the Archbishop of
Mayence, Custine at once assisted in the formation of clubs similar to those
active in Belgium, and set up revolutionary governments without the formal-
ity of a vote. The club at Mayence played a great part in the later events.?

The general administration named by Custine numbered ten members, six
for Mayence, three for Worms and one for Speier. The Mayencais, fearful
of the Prussian advance, received the proposal for union with France with
coolness. The general administration determined to push the vote and to
create a department of Bouches-du-Main. It was feared that the cities would
be unfavorable, but they counted on the peasants to control the towns. Com-
missions were sent to all the towns between Bingen and Landau to assemble
all the inhabitants over twenty-one, except domestic servants, to read to them
extracts from the constitution and to collect in a formal minute the names
of all wishing the constitution. The minute stated that the electors desired
to form one family with the French.*

Mayence voted on December 17 and 18, but few signatures were secured.
The citizens had been summoned by corporations. The merchants asked for
time, the tailors and cordonniers wished to be neutral. Although some out-
lying localities voted for France the vote came to nothing. Custine refused
to give importance to the vote.

To carry out the decree of December 15, which the Convention had just

1H. M. Stephens, History of the French Revolution, vol. 2, p. 193, says, that it was on
account of the repeated invitations to General Custine, himself a freemason, from the
lodges of Western Germany, that he had made his bold advance.

2 Chuquet, Mayence, p. 40.

® Ibid., p. 46. The club of Mayence had five hundred members. Besides Böhmer and
Stamm, adherents of Custine, there were seven professors, the librarian of the University,
Georges Forster, and his two assistants, two school teachers, eleven French teachers of lan-
guages, three French residents of Mayence, eleven lawyers, officials of all kinds, clergy who
had taken the oath, young men, students, literary men, merchants, craftsmen, propagandists
brought by Custine and others.

4 Ibid., pp. 56 and 58. He gives the list as Kastel, Nackenheim, Wóllstein, Nieder-Olm and
Klein Winternheim.

THE RHINE VALLEY, 1793 53

adopted, Haussmann, Reubell, Merlin, Simon and Grégoire were sent as com-
missioners. They arrived in Mayence on January 31, 1793, and at once
acted as if in a conquered country, making requisitions without payment. It
was determined to force the circulation of the assignats, and for this annexa-
tion was necessary. The decree of January 31 put the decree of December
15 into immediate execution.!

In Belgium fear of the strong national feeling had caused the French to
oppose a national convention. No such feeling existed in the Rhenish prov-
inces, however, and a convention was determined on. The popular elections
were fixed for Sunday, February 24, and the convocation of the National
Rhenish Convention for March 10. Each commune was to elect at least one
deputy, those of Worms and Speier to elect two each, and Mayence to elect
six by districts.? Each deputy was to be uninstructed and left with full power
to choose a government “ suited to liberty and equality.”

The commissioners were determined that the vote should be one for union.
Not only did they openly urge it, but they drew up a list of names of proved
patriots whose choice was to be imposed on the electors.” The clubs insti-
tuted a reign of terror and many fled from their menace. The commission-
ers and other agents of Custine, by their oppressive and annoying attitude
completed the alienation of popular sympathy.*

On February 18, Custine issued a decree convoking the peoples of the
countries between Landau, the Moselle, and the Rhine, in primary assemblies.
The nobles, the ecclesiastics, and the former officials were to declare in writing
that they solemnly renounced their princes and their privileges and that they
would be forever faithful to the principles of liberty and equality. Who-
ever neglected or refused to make this declaration before the municipal body
in his place of residence would be regarded as an enemy of the French Re-
public and at once expelled from the country.

The electoral provisions were drawn up by Forster who had replaced
Grégoire on the commission. The assemblies were to meet on a Sunday, at
8 in the morning after mass. Each assembly was first to name a president,
three tellers and a secretary. The bureau constituted, they should then
elect the mayor, the communal attorney, the municipal officers and lastly the
deputy to represent them at the national convention at Mayence. The electors
were to write the names of their candidates on a ballot, or, if illiterate, could
tell the name to the tellers in the presence of a friend who could read. Each
elector must be twenty-one and domiciled for at least twelve months past
in the region between Landau and the Moselle.

1See supra, p. 46.

2 Chuquet, Mayence, p. 92.

3 Ibid.
+ Ibid., p. 81.

54 PLEBISCITES

Opposition to this dictation of new administrative forms was at once obvi-
ous. Attacks came from the clergy, the courts, and the corporations against
thus forcing people to be free in forms prescribed.! Fearful of German
vengeance and the loss of trade the citizens objected to the oath of adherence
to revolutionary principles. Simon and Grégoire weakened as to the oath,
but were persuaded by the other commissioners, Haussmann, Merlin, and Reu-
bell who arrived at the moment. The sans-culottes were now in the saddle.
The commissioners openly threatened force against those protesting, impris-
oned or expelled the old officeholders and ecclesiastics, and refused all appeal
to the Convention at Paris. The leaders of the opposition were deported
across the Rhine.?

The vote of Mayence was taken in six churches. It lasted from the morn-
ing of the 24th to the evening oí the 26th. About 300 electors presented
themselves, and even the threats of the commissioners were unable to in-
crease the number to over 345. The occasion called forth no enthusiasm.
The only sound in the streets was that of the cavalry patrols.

In only one commune, that of Nackenheim, was the vote spontaneous.¿ In
most of the communes the priests had forbidden the proclamation to be read
and told the peasants that the Revolution was a menace to the Church and the
sacraments. Fear of a return of their former rulers also inhibited any desire
to identify themselves with the French. The commissioners made use of
armed escorts avowedly to aid the vote for France.* Many communes abso-
lutely refused to take the oath. Mayence, Bingen, Worms and Speier pro-
tested against it. The leaders oí the opposition were deported, however, and
the assemblies held. At the first assembly held at Worms only 20 attended.
A second assembly was held between March 7 and 11, when 250 electors were
present.5 The vote of Speier was held on March 8, 9 and 10. In the two
districts 342 electors presented themselves. |

The deputies thus elected were of course all friends of union with France
as the commissioners had taken care they should be. They did not represent
the whole of the conquered country for the communes of the Palatinate
had obstinately refused to vote.

The meeting of the convention was postponed for a week. It met on the
17th and formed the Convention nationale des Allemands libres. Half
were peasants, half intellectuals. Having gone through the necessary formal-
ities, on March 18 they opened the discussion regarding the destiny of the
country. A decree was at once adopted, declaring the country between Lan-

1 Chuquet, Mayence, p. 97.

2 See the Report of the Commissioners, Documents, post, p. 349.

® Chuquet, pp. 98, 100 and 101.

4 Ibid., p. 104. Chuquet quotes Forster to this effect.
5 Ibid., p. 108.

MULHAUSEN AND GENEVA, 1798 55

dau and Bingen free from all political ties with the Emperor and Empire of
Germany and from allegiance to their respective petty rulers, and proclaiming
1t to be an independent state, indivisible and founded on the principles of liberty
and equality.* The convention having determined that it would come to no
decision on any important measure without having first examined it in three
successive sessions, the decree of union with France was postponed to the 21st,
when it was voted on the motion of Forster.

On March 30, Commissioner Haussmann reported to the Convention of
France on the work of himself and his colleagues.? He incorporated an ac-
count of the deportations of the bailiffs, priests and nobles who were attempt-
ing to frustrate them. In the debate Cambon spoke of rumors of misconduct
by the commissioners, which were rife in the Republic, and said that their
report refuted these, but that it would be well that a more detailed report
should be submitted in order that Europe might see for itself. On the asser-
tion of Haussmann that he had not the necessary material at hand this sugges-
tion was dropped and after the deputies of the National Rheno-Germanic Con-
vention had delivered their address, the French Convention at once, without
debate, adopted a decree to the effect that, in view of the decrees of the Na-
tional Rheno-Germanic Convention for union with France, the communes
enumerated were made an integral part of the Republic.

THE REPUBLICS OF MULHAUSEN AND GENEVA, 1798

Mulhausen and the adjacent territory had for many years formed a self-
governing state, at times in close alliance with or incorporated in the Swiss
Confederation. The government of this community of 6,000 inhabitants,
which included the communes of Ylzach and Modenheim, was composed of a
General Council and a Committee of Forty. Its commercial relations with
France had been small but constant and its hatred of the Germanic Empire
intensified its French sympathies. To protect itself from the Empire, it had,
in 1777, concluded a defensive military alliance with both France and Switzer-
land.

In September 1797 the French Republic declared Mulhausen to be for-
eign territory. This resulted in an appalling situation for the little state.
All imports of food from France must pay heavy export duties and there
was already great scarcity through failure of the crops. All exports to
France must pay a heavy import duty and France was their best customer.
The situation was intolerable. The state officials decided that the only solution
was union with France. |

1 Chuquet gives this decree in full, Mayence, p. 120.
2 Documents, post, p. 343.

56 PLEBISCITES

When the news of this desire reached Paris, the Directory, on January 1,
delegated Citizen Jean-Ulric Metzger, a member of the central administration
oí the department oí the Upper Rhine, as commissioner to the Republic of
Mulhausen, to confer with the magistrates and citizens as to conditions and
stipulations of union, to receive their vote, and to draw up a treaty of union.
On January 3, however, before the arrival of Metzger, the Burgomasters and
Council had voted for union by a vote of 97 to 3, on condition of exemption
from conscription, then newly established, from requisitions, and from the
general obligation of billeting troops until after the next general peace. On
the next day, this vote was confirmed by the general assembly of burgesses
meeting in the Church of Saint-Étienne. At this meeting 591 voted for
union and 15 against it. This vote was communicated to Metzger and a new
assembly of citizens named deputies to treat with him regarding the details
of the union.

The treaty of union of the Republic of Mulhausen with the French Repub-
lic was signed on January 287 By it the vote of the citizens of Mulhausen
and the other communes was accepted, with the conditions stipulated, and
contains a clause of option providing the period of a year, during which time
the citizens of the territory were declared to be ‘“ French-born.” Article 3
those wishing to quit the territory might remove their possessions, and a
further period of three years in which to sell their property and liquidate
their debts.

On March 10 the formal ceremony of annexation took place in Mulhausen,
solemnized by the declaration that henceforth “the Republic of Mulhausen
reposes on the bosom of the French Republic.” There it remained until the
passing of Alsace to Germany in 1871.

By the union of Savoy with France in 1792, the Republic of Geneva be-
came an enclave, surrounded by French departments which at once eagerly
desired its incorporafion in the republic. There was also a group in Paris
working for this union, in whose cause Desportes, the French minister resi-
dent at Geneva, was an active agent.

In 1797 the economic measures which had brought such distress to Mul-
hausen produced a corresponding result in Geneva, and other efforts were
exerted by the French to bring home to the Genevois the desirability of union.
There was trouble over contraband and a newspaper, PEcho des Alpes was
instituted at Carouge to further the cause of union. During the winter
of black misery the propaganda resounded, the governing officers of the
republic remaining unsuspicious of the plans of the French Directory. When,
in March, Mulhausen ratified the treaty of union, word came from Paris to
Desportes that the annexation which he was so diligently preparing would

1 Documents, post, p. 363.

MULHAUSEN AND GENEVA, 1798 57

be approved on condition that he should succeed in causing a request for it
to come from the people of Geneva themselves.?

Hazarding an audacious bluff, Desportes called in the officials of the gov-
ernment and announced to them that the union of their country with that
of the French Republic had been decided on at Paris, and that all re-
sistance would be useless and dangerous, as the French troops which were
quartered in Switzerland had orders not to leave without completing this
matter. This was communicated to the Administrative and Legislative
Council, with the further proposal of Desportes that they appoint a special
commission to which the sovereign powers of the General Council of Citizens
should be delegated. This commission was appointed accordingly on March
19. Desportes then announced to Talleyrand that. the commission would
ask of the Directory the union of Geneva and its territory to the French Re-
public, with the stipulation that its religious and commercial institutions
should be conserved, and in return Desportes was provided with full powers
to consult with the people and officials of the Genevese Republic regarding
all those matters concerning the union and to receive their votes.?

The powers of the special commission on which Desportes was relying had
expired before the treaty could be negotiated. On April 15, the General
Council was convoked to renew them. The meeting took place in the Church
of Saint-Pierre which was surrounded with a French guard of 1,600 foot
and horse, with artillery, which had been requisitioned by Desportes. Under
the menace of their bayonets, so the Genevois say, the citizens renewed the
powers of the special commission and the commission voted most unwillingly
for the treaty which terminated the existence of the Republic of Geneva.

By the strategy of Desportes, the condition of a request from Geneva had
been fulfilled. It was an easy matter to make France and Europe believe that
the Genevois had voted for the union voluntarily, eagerly, and by a unanimous
plebiscite. This was in fact the story as published in the Echo des Alpes.*?

The treaty of union is similar to that of Mulhausen. By it France accepts
the vote of the people of Geneva, giving the privilege of option to those
desiring to leave the country. The clauses which differ are those permanently
excluding by name three citizens of Geneva who had opposed the French
efforts, and those protecting the precious metals used in the Geneva crafts
and giving exceptional favor to the manufacture of chintz. The principal
advantage offered to Geneva, as to Mulhausen, was the free disposal of the
communal property.

1 Société d'Histoire et d'Archéologie de Genève, Mémoires et documents publiés, series
4, vol. 4, p. 178.

2 Documents, post, p. 367.

3 “Le 26 germinal an VI de la République française, le peuple genevois réuni en Conseil

général a vôté à l’unanimité, sa réunion à la République francaise,” Mémoires et documents,
p. 180, quoted from PEcho das Alpes.

58 . PLEBISCITES

THE PERIOD OF 1848-1870
THE ITALIAN PLEBISCITES OF 1848

In 1848 the spontaneous wave of nationalism and democracy, which began
with the February revolution in Paris and swept rapidly over Europe, gave
to the subject peoples of Italy not only the inspiration for another trial for
freedom but the method of securing it. The founding of the Kingdom of
Italy on the voluntary wish of the people of each province, expressed by a
popular vote by universal manhood suffrage, dates from this year. Once
adopted, the method was followed undeviatingly. From the first uprising
in 1848 in Lombardy until the unification of Italy, in its present form, was
completed by the annexation of Rome in 1870, the statesmen working for
united Italy never for a moment based the union on any other title than that
of self-determination, nor did they at any time rest content with the mere
assertion of the popular will for union, however obvious that will may have
been, but in each case held the plebiscite to be an essential part of the title.
Lombardy, Venetia, Modena, and Parma, in 1848; Tuscany, Emilia, Sicily,
Naples, the Marches, and Umbria in 1860; Venetia, again, in 1866; Rome in
1870; each in turn was declared by Parliament, with a slightly different
phraseology, to be an integral part of the Kingdom “ in view of the result of
the universal vote of the people of the province for union with the Constitu-
tional Kingdom of Victor Emanuel II and his successors.”

The revolt in 1848 of the northern provinces against Austria began with
the “ Five Days of Milan,” on March 18. On March 20 the municipality of
Milan assumed authority and instituted a provisional government, which, on
April 8, was extended to the whole of Lombardy. On March 23 Carlo Al-
berto, King of Sardinia,! assumed the leadership of the revolt and declared
war on Austria. The municipalities of Parma, Modena, and Reggio at once
assumed power, as had already those of Venice and the cities of Venetia, and,
except for Venice itself, set up provisional governments similar to that of
Milan. |

The question of the political destiny of these provinces had already caused
a sharp alignment of parties, especially in Lombardy and Venetia. There
were two important parties and several minor ones. The radicals, the party
of “ Young Italy” under Mazzini, wanted a united Italy under a republican
form of government and had made a beginning by declaring a Republic in

1 Throughout this study of the Italian plebiscites the terms Sardinia, Savoy and Piedmont
will be used interchangeably to denote the Kingdom of Sardinia whose reigning family
was that of Savoy and whose capital was at Turin in the province of Piedmont. The

kingdom of Sardinia was erected in 1718 when the Dukes of Savoy were compelled to
accept Sardinia in exchange for Sicily.

THE ITALIAN PLEBISCITES OF 1848 59

Venice. The conservatives were in two parties, one party wishing to form
a part of a united kingdom of Northern Italy under the constitutional mon-
archy of the House of Savoy, the other, the clerical conservatives, advocating
union in a federation of independent States, under the presidency of the
Pope. In some of the provinces there was a certain desire for autonomy.
For the most part, these parties found their support in the cities; the coun-
try people appear to have been comparatively indifferent both to the struggle
against Austria and to the question of the political future.

All parties had united to free Lombardy and Venetia from foreign rule
on the agreement that the question of the political status should be postponed
until after the war. Immediately upon its institution the provisional govern-
ment of Milan had promised that the question should be postponed until all
Italian territory should be free and should then be settled by a free popular
vote.! This promise of a free vote was repeated by Carlo Alberto on March
31. On the same day, word was sent from the King to the Milan govern-
ment that recognition had been accorded it purely on its de facto standing
and that as the question of the future should be settled by the people them-
selves, the King was most desirous that a representative assembly for all
the insurgent provinces should be elected at once and on a very broad
electoral basis, “in order that the decision may be really regarded as a most
sincere expression of the common will.” ?

The pledge of delay had been made to please the republicans who hoped
by this means to secure a republic which should include all of upper Italy.
The party for union with Sardinia was, however, gaining in strength through
the prestige of Carlo Alberto who, of all the princes of Italy, had granted a
liberal constitution, and who had made himself the champion of the Italian
cause. There was also the dire need for greater military effectiveness which
could only be secured by combination. To end the uncertainty, the central
provisional government of Lombardy, on April 8, appointed a commission to
investigate the best method of convening the primary assemblies in order
to obtain a representative assembly by popular vote and with the least pos-
sible delay. As it was hoped that the resulting electoral arrangements could
be used as a formula by the other states as well, if not for a joint constituent
assembly, delegates were invited from the cities of Venetia, Parma, Modena,
Reggio, and Piacenza, to join in the deliberations. The sessions of the com-
mission lasted from April 11-28. Its report was in favor of a constituent
assembly of delegates elected by the communes by universal manhood suffrage
of all over twenty-one who had not been under judicial sentence.?

1 See Documents, post, p. 371.

2 See Proclamation and Confidential Communication. Documents, post, pp. 371 and 373.

3 The deliberations of the commission and the electoral law proposed by it are given in
Le assemblee del risorgimento, vol. 1, pp. 133-196.

60 PLEBISCITES

The proposition of an assembly, while having the sanction of Carlo Al-
berto,! involved a greater delay than his partisans in Lombardy could tol-
erate. Petitions begging for an immediate popular vote were circulated.
The citizens of Piacenza had already, on April 8, opened registers for
a vote on the question of union and the cities of the Venetian mainland
were begging Milan's aid in bringing pressure on the Venetian republic to
vote for union. This impatience was reflected in Lombardy. It was argued
that delay was inexpedient from a military viewpoint and that an assembly
might enter into conflict with the Subalpine Parliament. The financial em-
barrassment of the provisional government and its failure to supply the mili-
tary cooperation that the people wanted undoubtedly increased the impa-
tience at delay, as endangering the cause against Austria. The warmth of
the discussion and the pressure of the party for union finally persuaded the
Lombard government to anticipate the holding of an assembly by taking a
plebiscite on the question of whether there should be an immediate union
with Sardinia or a delay of the decision.

The decree fixing the details of the election was issued on May 12.? Ac-
cording to this decree, the electorate was to be composed of all male citizens
over twenty-one, whether literate or not. Registers were opened in each.
commune from the date of the proclamation of the decree until May 29. In
these the voters, in the presence of the parish priest, assisted by two election
officials, were to indicate their choice of the two alternatives. Illiterates
might make their mark. The soldiers with the army in the field were to
vote at the headquarters of their corps, in the presence of their superior
officers.

The Sardinian constitution of 1848 had established not manhood suffrage,
but a suffrage based on property, business or professional standing. This

1 Carlo Alberto was anxious to postpone the discussion of the future as he feared the
diplomatic complications which would arise from fusion, and, on the other hand, was
anxious to prevent a republic.

2 Documents, post, p. 376. The idea of poputar consultation to settle the question appears
to have been proposed from various quarters. Viscount Ponsonby, writing from Vienna to
Palmerston on May 12, 1848, transmits a draft of a proposition for a vote of the citizens
of the Lombard-Venetian Kingdom as to whether they prefer to enter the projected Italian
Confederation under the suzerainty of Austria, or whether they prefer absolute independence,
some recompense to be made to Austria for the sacrifice of her rights. British Parliamentary
Papers, Affairs of Italy, 1849, vol. 57 [1108], p. 444. The text of the proposal is in French.
The name of the author is omitted from the dispatch, and one would feel safe in assert-
ing that he was not an Austrian were it not that there is a statement on good authority
that in June, 1848, the Austrian government presented to Lamartine, the head of the French
executive, a project of mediation which consisted in leaving to Lombardy and the duchies
of Parma and Modena full power to dispose of their own destinies, Venetia to remain
a part of the Austrian kingdom. Luigi Chiala, Lettere edite ed inedite di Camillo Cavour,
vol. 4, p. 251. The choice of method was, however, apparently spontaneous with the insur-
gent governments themselves, with the approval of Carlo Alberto.

THE ITALIAN PLEBISCITES OF 1848 61

was displeasing to the liberals of Lombardy. The vote for union accordingly
contained a stipulation that a constituent assembly for the whole Sardinian
kingdom, including the states adhering to it, should be convoked by universal
suffrage, to establish a new constitution for the monarchy.

Except for a popular demonstration which occurred on May 27, to de-
mand the safeguarding of the freedom of the press, the right of association,
and a national guard, and a reiteration of the stipulation for universal suf-
frage in the elections for the constituent assembly, all of which demands were
agreed to by the government, the signing of the lists appears to have proceeded
without disturbance.? The result was an overwhelming defeat of the party of
delay, and a corresponding victory for the Sardinian union. Out of the 661,-
226 qualified voters,? 561,002 had voted for immediate union and only 681 for
delay.

The proportion of those voting to the number qualified is amazingly high.
The overwhelming majority may be accounted for in part by the fact that
the republicans were divided and irresolute, many of their leaders being away
at the war and the mass hesitating to oppose any movement for unity. Then,
too, the prestige of Savoy and the influence of the fusionists had increased
enormously on the news of the victories of Goito and Peschiera.

Before the lists were closed the republicans had brought charges of unfair
action. On May 21 there appeared in the official newspaper of Milan, Ji
22 Marzo, a letter signed by Mazzini and some twenty others, representing
societies and newspapers, charging that the government was using indecorous
haste in the hope of causing the triumph of one side, and protesting that the
citizens were unprepared to decide such a momentous question without more
information as to the vital issues, information which had been purposely
withheld by the government. It was also impossible, they said, to ascertain
the mature convictions of the people while the war was on. As to the method
of voting by signing registers, they asserted that it was not only illegal but
also contrary to the liberal program of the government itself, because it

1 In one account there is found the assertion that the republicans attempted to overturn
the government on the day that the polls were closed. Raffaele Giovagnoli, “Le risorgi-
mento italiano,” in Storia politica d’Italia, vol. 9, p. 820.

2 These figures are from the report by the Minister of the Interior to the Subalpine Par-
liament on June 15, 1848. Le assemblee del risorgimento, vol. 1, p. 209. He gives the
population in Lombardy in 1848 as 2,667,337.

3 In a dispatdh of June 9, Abercromby, the British representative : at Turin, gives the figures
for the chief cities of Lombardy as follows (Parliamentary Papers [1108], p. 576) :

QUALIFIED VOTES FOR
VOTERS .MMEDIATE UNION

130,040 228

DEFERRED

Brescia 85,334 35
i 38, 173 - 36,560 9

62 : .PLEBISCITES °

prevented discussion, the inalienable right of the citizen, and substituted a
mute bowing before power for the free expression of the real will of the
people * which would have been secured by means of a constituent assembly.
As to the petitions for holding the plebiscite, these, they said, were obtained
by bribing the country people. The conservatives, on the other hand, objected
to the conditions contained in the vote, being opposed both to universal suffrage
and to a constituent assembly. -

The fusionists were charged by the republicans with carrying on an un-
scrupulous agitation. In order to neutralize the republican opposition, they
said, royalist agents had been at work spreading the idea that the choice
was limited in reality to the dilemma: Carlo Alberto or Austria? The
bishop had issued commands that the will of the government should be sup-
ported and there were complaints that the peasants voted under the guid-
ance of the priests. It was further asserted that foreigners voted, that the
soldiers’ votes were influenced by the presence of their officers, and that the
condemned voted before the gallows.?

From the dispatches of Abercromby, the British representative at Turin,
we get another contemporary view of events which makes no such charge of
corruption or pressure.* La Farina, who was in Lombardy at the time of
the vote, speaking of these accusations, says that anyone who, like him, saw
Lombardy in those days, was persuaded that the majority of the people of
Lombardy were for the cause which won.’ King, in his history of the period,
admits the truth of the charges, but says that, making every allowance for
the unworthy acts of the one party and the disorganization of the other, the
vote showed an overwhelming preponderance in favor of fusion.

The suggestion that many republicans abstained is hardly supported by the
percentage of the vote to the number qualified. Registration was not a volun-
tary act. The names were placed on the registers by the election officials
and we do not hear that they failed to enter the proper number of qualified
votes. But, certainly, the method of voting by signing a register under
the eyes of the priest offered every opportunity for pressure and coercion

1 See Le assemblee del risorgimento, vol. 1, p. 200 for text.

2 Bolton King, History of Italian Unity, vol. 1, p. 243.

8 Le assemblee del risorgimento, vol. 1, p. 96, quoting from Carlo Cattaneo.

* The result was no surprise to him. In a letter to Palmerston dated from Turin, May
14, enclosing a copy of the decree for the plebiscite, Abercromby says, “ T here can be little
doubt that a large majority will be found to have voted for immediate annexation.”
Parliamentary Papers [1108], p. 457. It should be said, however, that this is the opinion of
a representative of a government in favor of Italian unity and accredited to the Savoyard
Court.

5 Le assemblee del risorgimento, vol. 1, p. 96.

6 King, loc. cit., adds that the dread of a socialist republic, sycophancy to a king and ambi-
tion to see Milan once more the seat of a brilliant court also entered in.

THE ITALIAN PLEBISCITES OF 1848 63

and to pretend that in the midst of agitation and war a vote can have the
same regularity as at a time of public quiet, is to pretend the impossible.
Yet though the charges of irregularity are numerous no one goes so far
as to assert that the result was not satisfactory to the great majority of the
people. The truth appears to be that the conservatives wished the fusion in
order to avoid a socialist republic, and the mass of the republicans, impressed
with the need of unity and reassured by the liberal institutions of Piedmont,
were willing to sacrifice the republican form for the sake of union, provided
it be under an absolutely democratic constitution.!

At a solemn meeting, in the presence of the archbishop and the civil and .
military officials, the provisional government announced the official figures.
The result was hailed with joy by the populace. A few days later a solemn
deputation presented the vote to Carlo Alberto, who received them, attended
by the Duke of Genoa, the ministers of state and the officers of the army.
He accepted the vote as a promise of unity and success in the struggle for
Italian freedom.? It was unfortunate that the reds still cherished a feeling
of having been betrayed by the hastening of the vote. Patriots though they
were, the resulting jealousy and political dissension prevented the full sup-
port which they might have given to the Sardinian campaign.

On the outbreak of the revolt in Venice, on March 22, the provisional
government had immediately proclaimed a republic, with Manin as president,
and had summoned delegates to draw up a constitution. Manin exerted
every effort to carry out the republican plan of delay. The cities of the
Venetian mainland, however, were unwilling to surrender their hope of a
union of Venetia with Lombardy. They had joined in the commission to
draw up a plan for an assembly; they now followed Lombardy’s lead in
opening registers for a popular vote. The cities of the Venetian mainland
were incorporated in the Sardinian kingdom by the same decree which in-
corporated Lombardy. Alarmed at the threatened isolation and made con-
scious of the need of concerted action by the approach of the Austrian forces,
Manin and the Venetian government on June 3 issued a decree convoking
a representative assembly on the basis of universal suffrage. A later decree
of the Consulta provided that the public should be given information as to
the financial, military and commercial situation in order that their votes might
be the more intelligent.?

The assembly met on July 3. On the following day, Manin in a noble
and patriotic speech withdrew his opposition in face of the almost universal

1 The women too, though not included in the plebiscite, did not remain silent as to their
wishes. See “ Address to the Women of the Sardinian States.” Documents, post, p. 393.
Unfortunately the number of signatures is not stated.

2 For address of deputation and the answer of the king see Documents, post, pp. 391 and 392.
3 Documents, post, p. 406.

64 PLEBISCITES

sentiment for immediate union with Sardinia.* Union was promptly voted
by 128 to 6 on the same conditions as those stipulated by Lombardy.
Plebiscites had already been held in the duchies of Parma, Piacenza, Modena,
and Guastalla, with overwhelming majorities for union. All these votes were
by manhood suffrage for all over twenty-one with no literacy test. In all
of these plebiscites the lists were open over a considerable period of time,
in one case for a period of three weeks. In each case the chief election official
was the parish priest. In Parma the signing of the lists was to be in the
presence of the mayor and the priest. In Reggio a special commission of
eight and a subsidiary committee of twelve were appointed to collect the
signatures, working in conjunction with the priest. In Modena a commis-
sion of four was appointed to assist the priest. In Parma and Piacenza each
voter was allowed to cast his vote for the solution most pleasing to him, and
to surround it with any conditions desired. In Parma some voted for the
former ruler, some for union with Tuscany, some for the Pontifical States.
In Piacenza there was a similar scattering. In both, however, the great
majority voted for Sardinia. This vote was in each case accompanied by
a series of conditions relating to the future status of the chief city, the dis-
posal of the state funds, protection for the university, and similar provisions.
The percentage of the votes cast by those qualified was very high. In
Reggio, out of 36,814 qualified voters, 29,851 voted for Sardinia alone.? In
Piacenza out of a population of 206,566, there were 37,089 votes for Pied-
mont, the scattering votes amounting to 496. The figures for Modena are
nót given in the official report. The Sardinian Parliament incorporated each
province with the same formula? The union thus decreed was a short-lived
one, however; the Austrian forces soon returned with the petty sovereigns
in their train. The peace of 1849, based on the defeat of the Piedmontese
forces at Novara and Custozza, returned Lombardy and Venetia to Austrian
rule, and restored the dukes to the throne from which their subjects had so
1 The British Consul General at Venice in a dispatch of June 4 wrote to Viscount Palmers-
ton: “There is no doubt that the majority of the inhabitants of Venice, comprising by far
the greatest part of the upper and middle classes, and the whole of the marine, a very influen-
tial body, are in favor of a junction with Piedmont, rather than a continuation of a Republican
Government, even supposing the Venetian Republic could exist, confined as it would be to
Venice and the islands of the Lagunes by the separation from it of the provinces of the
mainland. Indeed, of the members of the existing Provisional Government, it is understood
that the President, Signor Manin, is the only one who is desirous that the Republic, reduced
to the dimensions above mentioned, should be carried on.” . .. Parliamentary Papers [1108],

p. 567.

2 Other votes are not mentioned in the result.

3 The decrees proclaiming the plebiscites, the formal statements of the results, and the laws
of the Sardinian Parliament incorporating the duchies in the kingdom, basing the union on
the plebiscites, will be found in Documents, post, pp. 411 to 441.

4 After the withdrawal of Piedmont, the republic had been again set up in Venice, but the

city was forced to capitulate shortly.

THE ITALIAN NATIONAL ASSEMBLIES OF 1859 65

formally banished them. Another decade was to pass before unity could
be achieved.

THE ITALIAN NATIONAL ASSEMBLIES OF 1859

However permanent the Powers may have considered the restoration of
the petty princes to their Italian thrones in 1849, it was obvious that the
inhabitants of the duchies regarded the arrangement as purely temporary.
By 1859, there was but one party in Northern Italy, that for union with
Sardinia. Republican prestige had greatly increased after the defeat of Sar-
dinia in 1849, only to fall again through the subsequent ill-conceived revolu-
tionary attempts in Genoa, Milan and Leghorn. It was, too, becoming in-
creasingly evident that union could come only by the aid of France and the
complacency of Europe and that neither France nor Europe looked with
favor on the proposal of a republic in the Italian peninsula. Thinking union
more important than form, many of the republican leaders, among them
Manin, and thousands of their followers, had gone over to the Sardinian party.
La Farina, Manin and Pallavicino, three former republicans, founded the
Società nazionale with the motto ‘ Unity, Independence and Victor Eman-
uel,” which made great headway, especially in the provinces under Austria.
The party for federation under the Pope, the plan so eloquently urged by
Gioberti, had long since been abandoned by its leader and was of small im-
portance in Italy, though, having found a lodgment in the brain of Napo-
leon, it was to cause endless difficulty. The Sardinian party had no rivals
save in Tuscany, where there was a party for autonomy, of uncertain strength,
and in Rome and Naples where the liberals still wished for constitutional
government rather than for union.

Napoleon's aid against Austria had been promised to Cavour at Plombières
in 1858. By the bargain made there, the Austrians were to be expelled, from
the Alps to the Adriatic, Venetia and Lombardy were to be annexed to Sar-
dinia, Central Italy was to form a separate kingdom under a Bonapartist
prince, Naples was to be a third under Lucien Murat, and the whole was to
form an Italian confederation under the presidency of the Pope. In return
for this, Savoy and Nice, which had formed part of France after the plebis-
cites in 1792,* and had been returned to Sardinia in 1815, were to be given
back to France.

The war which had been planned at Plombiéres by Cavour and Napoleon
broke out on April 29, 1859. The petty princes ruling over Tuscany, Parma,
and Modena, and their dependencies, were completely under Austrian domi-
nation. When the invitation of Sardinia to join in the war of liberation was

1Cf. ante, pp. 41, 43.

60 PLEBISCITES

received, each in turn refused. The refusal was followed by a bloodless and
orderly revolution in each duchy; the liberals rose, assumed power, and
established a provisional government, which, in each province, announced the
deposition of the reigning house.* Tuscany and the Romagna.? to which the
union of 1848 had not extended, joined in the general revolt, proclaimed
Victor Emanuel dictator, and sent envoys to Sardinia to offer allegiance.
Lombardy, Parma and Modena, which had voted union in 1848, at once
proclaimed the union to be again effective. Fearful of awakening the appre-
hension of the Powers at this early date, Cavour, the King and the Emperor
thought it impolitic to accept these offers. Yet, as unity of action was essen-
tial tor military success, a royal commissioner was appointed to each province
to represent the King and the cause of Italian liberation, it being carefully
stated that this was in no way to prejudice the question of union, a question
which both Napoleon and Victor Emanuel had promised should be settled by
a vote of the people themselves.?

The events of the war need not be given here, nor the many explanations
ot the unexpected peace concluded between Napoleon and Francis Joseph at
Villafranca. Bv the agreement there drawn up Venetia was to remain
with Austria, while Lombardy was ceded to Napoleon, to be in turn ceded
bv him to Victor Emanuel. It is said that Napoleon made every effort to
write into this article a stipulation of a vote ot the Lombard people before
the final cession.* Francis Joseph utterly retused to give recognition to
such a revolutionary doctrine. The only vote in 1859 in Lombardy was
that oî the mumicipal congregation ot Milan renewing the compact of 1848,
a vote ratified in turn by the communal council.‘

The cession ot Lombardy was the sole concession made at Villafranca to
Italian national aspiration. Venetia was to be retained by Austria, the dukes
were to he restored to Tuscany and Modena. and the papal legates to Romagna.
Farma alone was kit unmentioned.

Napoleon, on leaving Italy. had promised that there should be no armed
intervention to effect the restoration* and that votes legimatelv expressed

è Te pervisiona! government of Florence was apmurted by the male on April 27.

° Tre Roccagna was a part of the papal territorr and was atrinistered by papal le-
Traves

$ Niro ve Tone & alter the bank of Marerta, san ma praciamatioa to the Italian
Pee TT de ni comme ATOM wo with a OR srstezz te disxaseess sovereigns or to
Ze a wll. ane wel Mose elf wish acl two thas. m Acht voer enesmes and to
marti srecmamoea! order: it wri eue no cbatacle to the free manifestation of your
derma desres” Trassmarwe For orazal text see Luigi Zi Siria Z :abs dal 1850
a rin. wi 2 part 2 ment mm INR

cf ast: ni

3 incrementa ar sa Marc I.

CT EEE ds mt contanti e Preis. It was the reset of subsequent
è ermanno A Cer tor we 5

THE ITALIAN NATIONAL ASSEMBLIES OF 1859 67

should be carefully considered.” Deprived by Napoleon's defection of the
hope of success through force, the Italians were compelled to take the hint
dropped by the Emperor and to rely on their own political resources. The
problem was no longer one of how to win a majority to the cause of unity,
but how to make the will of the majority triumph in the face of foreign
opposition. The Powers were soon to gather at Zurich to complete the
Preliminaries of Villafranca and the parcelling out of the Italians. To de-
feat the ancient methods of diplomacy, the Italians determined to resort
once more to the doctrine of national self-determination. Cavour resigned
from the ministry the better to work for the union, which must be now done
unofficially, and, on the insistence of Napoleon, the Sardinian commissioners
were recalled.

England and the English Cabinet, with Palmerston as Prime Minister, Lord
John Russell as Foreign Secretary and Gladstone as Chancellor of the Ex-
chequer, then took Napoleon’s place as guardian of the Italian cause. Whereas
Queen Victoria, the Prince Consort, and the Tories were consistently averse
to the expulsion of Austria from the Italian peninsula, the Cabinet and the
Liberals were the devoted friends of Italian freedom. Russell had indig-
nantly opposed and repulsed the invitation to join in the two Emperors’ plans.
“ We are asked to propose a partition of the peoples of Italy,” he exclaimed,
“as if we had the right to dispose of them.” ® In this attitude, policy har-
monized with conviction. The Cabinet was determined on preserving the
peace of Europe while Villafranca, by ignoring national aspirations, gave
promise of future war. Such a war, moreover, would certainly result either
in the end of the liberal movement in Italy or, equally fearful to believers
in constitutional monarchy, it would end by setting up an Italian republic.
The latter fear was one which Cavour found a most effective weapon.

In support of the policy of the Cabinet Russell made direct appeal to the
doctrine of self-determination. The Cabinet, said Russell, was wholly op-
posed to the restoration of the dukes by force, which would be, in its opinion,
unjustifiable; should such restoration be by the consent of the people, Great
Britain would not object. The unbiased opinion of the people must, how-
ever, be clearly ascertained, and to establish the wishes of Tuscany, Russell
supported the holding of a national assembly, elected in a fair and orderly
fashion.? |

1 Documents, post, p. 444. Cf. alsa address of Ricasoli to the Tuscan Assembly at the
opening session, Le assemblee del risorgimento, vol. 3, p. 660. To Cavour Napoleon had
said that he would plead the people's cause before the European Congress and that, mean-
while, they had simply to keep the tyrants from returning. Cavour to La Marmora, July 16,
1859, Chiala, vol. 3, p. 111. To the representatives of Parma who waited on him in Paris
after his return he said to tell the people that their armies would not force the issue, but
that their votes would. Giacometti, La question italienne, p. 353.

2 Stuart J. Reid, Lord John Russell, p. 304.

3 Russell, on July 19, wrote to Corbett, the British representative at Florence, who was

68 PLEBISCITES

Encouraged by Russell's support, the Tuscan ministry on July 15, imme-
diately after Villafranca, and in order to attest their wishes before Europe,
issued a decree convoking a representative assembly, competent to pass a
legitimate vote as to the definitive fate of Tuscany. The decree was signed
by both the Sardinian commissioner and the provisional government. In-
stead of universal manhood suffrage, the decree provided for a qualified
suffrage similar to that in Sardinia, based on a fairly low property, educa-
tional or professional qualification. In Modena, Parma, Piacenza, and Ro-
magna similar assemblies were convoked on the basis of adult literate male
suffrage. The voting was not by signing a register, as in ’48, but by secret
ballots cast in primary assemblies. The election machinery was in the hands
of the provisional governments, the details of registration to be administered
by the mayors. The period for compiling the lists and for claims to be en-
tered appears to have been somewhat short,— eight days for lists and three for
claims after posting, with appeal from decisions to a higher court.

In default of any definite information it is probable that the voting was
by procedure similar to that established for electoral colleges by the Sar-
dinian electoral law of March 17, 1848. By this law a card of identification
was necessary for each voter to enter the voting place. A list of names of
those qualified was posted in the hall, another copy was in the hands of the
presiding officer. Each elector answering to his name, called from the list,
received from the President a printed ballot on which he wrote his vote, or, if
illiterate, got another man to write it. He then folded the ballot and gave it
to the President who placed it in an “ urn” or ballot-box.

The British Foreign Office kept a close watch over the conditions sur-
rounding the vote. In answer to reports from Corbett, British representa-
tive at Florence, that oppressive measures were being used against partisans
of the Grand Duke,’ Russell instructed him to inform the provisional govern-
ment that attempts to repress a free declaration of opinion in a matter of
such vital interest to the government of the country would be unjust and illib-
eral. On July 26 Corbett wrote that almost all who have the right to vote had
registered, and that he had been assured by the government of a full and free
expression of opinion. By a decree of July 29 the date ot the elections was
fixed for August 7. On August 1 Boncompagni in order to disarm criti-

endeavoring to discount the feeling for union in his dispatches to the Foreign Office, “ It is
much to be desired that a representative assembly should be convoked in Tuscany in order
that the wishes of the people in favor of the autonomy of that country may be regularly and
freely expressed.” Documents, post, p. 449. See also Russell to Cowley (at Turin) July 25,
Parliamentary Papers, Affairs of Italy, 1860, vol. 68 [2609], p. 20.

1 Parliamentary Papers [2609], p. 28. Corbett also quotes one ot tne government as say-
‘ing that it had been necessary to warn some of the ducal party who had shown a disposition
towards disturbance. /bid., p. 44.

THE ITALIAN NATIONAL ASSEMBLIES OF 1859 69

cism, resigned office and retired from Tuscany, an act at which Russell ex-
pressed the great satisfaction of the British Government as representing the
intention of Sardinia to leave Tuscany wholly unfettered in her future choice.!

Ricasoli, a native of Tuscany, had been appointed by Boncompagni as
President of the Council of Ministers. By a decree of August 2, Ricasoli
ordered the president of each electoral college to inform the electors that
the college was to elect a representative “ for the sole purpose of express-
ing the legitimate vote of the Tuscan people as to the definite fate of the coun-
try.” The elections were held on August 7. No complete official figures
of the result are available, but Corbett in a dispatch of August 10 * gives the
returns as follows:

Those qualified Voted

Florence ................ 5,700 ..................................... 3,200
Districts adjacent ........ 1,000 .....................,.............. 890
Priests in Florence ....... 1,200 (almost all of whom were qualified.).. 15

According to Corbett probably three-fourths of the entire electorate went
to the polls in spite of the efforts of the priests, who, though no longer election
officials, made full use of their religious power to persuade them to abstain.
This was more successful in the country districts than in the towns. The
archbishop of Florence had shown his discountenance to the eleotions,* but
this attitude was not universally followed, for in other districts four priests
were themselves elected. The testimony of both Hudson from Turin, and
Corbett from Florence, is to the effect that the elections were carried on
throughout the country in the most orderly manner, and that the result was
received with such lively enthusiasm as to indicate that the Grand Duke
had few friends. The enthusiasm appeared to be from all classes, though,
Corbett adds, had the vote been by universal suffrage the result might well
have been different as the lower orders had taken little interest in politics,
and, in the country places, where there was no dislike of the Grand Duke, the
people might have been induced to give their votes for restoration. But, he
concluded, such a result would have been wholly at variance with the desires
of the upper and middle classes. The Grand Duke's cause had been de-
stroyed for these by his presence with the Austrian forces at the battle of
Solferino, and the common danger had awakened a community of feeling
with Central Italy, the party of union with Piedmont in each province gain-
ing courage from the strength of similar parties.

Corbett adds that another reason for the apparent unanimity is that many

1 Parliamentary Papers [2609], pp. 33, 36 and 44.

2 Documents, post, p. 453.

3 Parliamentary Papers [2609], p. 54.
4 Ibid.

70 PLEBISCITES

oí the legitimists abstained from voting on the ground that the right of the
Grand Duke to the throne could not be affected by the vote of a popular
legislature. Groundless fear on the part of others kept them from the
polls, or, if they voted, led them to do so against their convictions. But, he
concludes, as far as can be ascertained the vote of union represented the
desire of the overwhelming majority of the inhabitants of the Duchy.!
Even the officers of the Tuscan army appear to have been wholly against the
restoration of the Grand Duke.?

In other duchies the Sardinian commissioners, on retiring, had been ap-
pointed by the provisional governments as dictators or governors, and decrees
convoking the primary assemblies had been at once issued. Everywhere per-
fect order was enjoined in order that nothing should detract from the au-
thoritative character of the vote and its effect on Europe. Throughout Italy
the elections were orderly and decisive. While there were Sardinian troops
in Modena, placed there by Boncompagni to maintain order, there were no
charges of coercion or disorder. Everywhere the victory of the Sardinian
party was unquestionable.

In Tuscany the delegates, through birth, scientific, literary or industrial
pursuits, were among the chief citizens of the province.? The Tuscan As-
sembly thus elected considered itself a representative rather than a delibera-
tive body,* the deputies having been elected on the platform of union. The
assembly of 171 delegates met on August 11. After high mass in Santa
Croce where divine inspiration was invoked for the deliberations of the
assembly, the delegates marched to the Palazzo Vecchio where the Hall of the
Cinque Cento had been prepared for their sittings. The crowds collected
in the streets greeted them with wild enthusiasm as they passed, preceded by
ministers of state, and followed by the Municipal officials of Florence. Bands
played, cannon boomed. The session opened at 10 À. M. with an address
read by Ricasoli as President of the Council of Ministers, explaining the
political situation. The eldest member was elected president, the four young-
est members were named secretaries ® and the usual formalities of verifica-
tion of powers and adoption of rules were carried out.

The method of voting was as follows. Each deputy was given two small

1 The Grand Duke had abdicated in favor of his son on August 4, but it was too late to
affect the result.

2 Corbett forwarded a letter signed by them protesting against charges of attachment to
the old dynasty. Parliamentary Papers [2609], p. 270.

3 Corbett to Russell, Parliamentary Papers [2609], p. 54.

4 Their names are given in full in Le assemblee del risorgimento, vol. 5, p. 657, “To
Florentines ever mindful of their glorious past, it seemed as if three centuries and a half had
been bridged; for when the clerk read the rolls, name after name rang out of the men who
had made Florence great.” Thayer, vol. 2, p. 132.

5 Corbett to Russell, August 11, Parliamentary Papers [2609], p. 55.

THE ITALIAN NATIONAL ASSEMBLIES OF 1859 71

balls; one black, the other white. The black signified approval. As their
names were called in alphabetical order, each deputy advanced to the urn,
dropped in the ball representing his vote and dropped the discarded ball into
another urn. The counting was done in public. |

On the fifth day of the session a resolution for the dethronement of the
House of Lorraine was introduced and referred to all the committees into
which the assembly was divided. Each committee named a representative to
confer upon the resolution, which was adopted. The assembly, after a detailed
indictment of the misrule of the dukes and a statement of the absolute in-
compatibility of the Austrian House of Lorraine, and the Italian desires of
Tuscany, unanimously decreed the Austro-Lorraine dynasty to be deposed,
and declared that the dynasty could never be either recalled or received to
reign again over Tuscany.!

At this same session of August 16 a resolution was introduced for the an-
nexation of Tuscany to the Kingdom of Victor Emanuel II. It was reported
on August 20, and was adopted without a dissenting voice.” In the duchies
of Parma and Modena each assembly as it met passed similar decrees de-
throning their dukes and asking for union with Sardinia.

The attitude of Napoleon had not been changed by the vote. Unable to
attack the principle of popular sovereignty, he alleged that the vote had been
due to pressure from Sardinia,® to the momentary enthusiasm of the emotion
accompanying war, and was not the cool expression of the popular will.
He further asserted that there was ample reason to believe that Tuscany
really wished independence, and that the vote had been due not to desire
for union with Sardinia, but to fear of the return of Austrian domination.
Although the British representatives in Italy refuted these allegations,* in

1 Documents, post, p. 457.

2 There were two abstentions, one being due to a desire for a Bonapartist kingdom.

8 The ducal party asserted that the whole movement had been directed from Turin; that
Boncompagni, the Sardinian commissioner, although sent for purely military purposes, had
at once become the chief figure in the provisional government, had fomented the revolt against
the Grand Duke and had tried to win over the Tuscan troops to the Italian cause through
gifts of money and free quarters. The initial revolt, however, appears to have been spon-
taneous and Boncompagni, instead of falling in with the original purpose of Ricasoli to effect
an immediate union with Sardinia, appears to have exerted every effort to force delay, a
course in which he was supported by the Sardinian government, which on his inquiry, in-
structed him that the initiative should not come from the Tuscan government when the royal
commissioner was at its head. Le Assemblee del risorgimento, vol. 3, p. lxii. For a
presentation of the other side, and especially the Sardinian plot in Parma, see Marquis of
Normanby, A vindication of the Duke of Modena from the charges of Mr. Gladstone. Nor-
manby was the British Minister at Florence.

4 Russell on December 12 wrote to Hudson at Turin asking for the truth of the charges of
terrorism and Sardinian agency in the duchies and Romagna, and for proofs, further than
the recorded votes of the assemblies, of the satisfaction of the people and the tranquillity of
the country (Parliamentary Papers [2609], p. 252). To this Hudson answered on December

72 PLEBISCITES

the face of Napoleon’s opposition Victor Emanuel was forced to delay the
union to an indefinite future. The provisional governments of the duchies
endeavored to cement the union by forming a League of Central Italy
composed of Parma, Modena, and Romagna, which were henceforth united
under the name of Emilia and, by electing as regent a prince of Savoy, Eugene
of Carignano. He, too, was forced to refuse by the opposition of Napoleon,
who was still hoping for the establishment of the provisions of Villafranca,
which had now been embodied in the Treaty of Zurich.

THE ITALIAN PLEBISCITES OF 1860-1870
Tuscany and Emilia, 1860

Napoleon was busily endeavoring to secure a European Congress to settle
the question of the method of restoring the dukes and the Pope to their
dominions. This did not satisfy the British Cabinet. As a solution of the
difficulty presented by Napoleon's attitude, Lord John Russell, on January
15, 1860, proposed that the matter be settled by another vote of the Italians
themselves, and presented his proposal of the “ Four Points” to the French
Government.! By this plan Great Britain and France were to invite the King
of Sardinia to agree not to send troops into Central Italy “ until its several
states and provinces had, by a new vote of their assemblies, after a new
election, solemnly declared their wishes as to their future destiny.” Thus
did Russell corner Napoleon who could do no less than accept the proposal
with the reservation, however, that the vote should be by universal suffrage.

The British proposal had left the matter of suffrage vague and Russell
had recommended that the Government of Tuscany ascertain the views of
France on the point? Russell made no objection to the French stipulation
of universal suffrage but was content to leave it to the states themselves to
decide, the matter of first importance being, to his mind, that the elections
should be carried out under circumstances free from any reproach of intimi-
25 that the imputation of terrorism by Sardinia was purely gratuitous and imaginary, that the
Tuscan vote had been clear and explicit, that the Piedmontese troops had been scrupulously
recalled from the duchies and Romagna, and that the Piedmontese party had thereupon
greatly increased. He attributed the vote for Sardinia directly to popular indignation at the
terms of Villafranca. If all the supporters of annexation had been paid, Piedmont would
now be insolvent, he added. /bid., p. 444.

1 Documents, post, p. 499.

2 Thouvenel declared that the French Government could not divest itself of the moral
responsibility arising from the treaty of Zurich unless the principle of universal suffrage,
which constituted its own legitimacy became also the foundation of the new order of things
in Italy. Annuaire des deux mondes, 1860, p. 103.

8 Russell to Corbett, February 6, Parliamentary Papers, Affairs of Italy, 1860, vol. 67
[2636], p. 36.

TUSCANY AND EMILIA, 1860 73

dation or emotion.! Cavour, who had resumed office as Prime Minister of
Sardinia, had been inclined towards an assembly elected by qualified fran-
chise as in Sardinia, but at once perceived the value of basing the vote on
the broadest sanction possible and gladly acquiesced in Napoleon's views.?
On February 24, he wrote to La Farina, his chief coadjutor in the work for
annexation, recommending that he propose universal suffrage as his own idea,
and “show at the same time that it would not have all the drawbacks
generally feared.” 3

The chief objection to holding the new vote came from Ricasoli, the head
of the Tuscan government. Ricasoli asserted that the first election had been
legal and decisive. To hold another election would, in his opinion, serve to
strengthen the argument against the former one. Russell answered with a
warning that any reluctance would, on the contrary, amount to admission
that the allegations against the first vote were true.

While this discussion was going on, Napoleon, repenting of his assent,
again proposed a plan of federation under the presidency of the Pope, the
Grand Duke to be restored as ruler of Tuscany, Romagna to be a vicariat un-
der Piedmont, and Austria to act as suzerain over Venetia. The French
note ended with a veiled threat in case this arrangement was not adopted, a
threat doubtless used to introduce a new mention of Savoy and Nice as com-
pensation for such union as was granted by the scheme of federation. Cavour
consented to communicate the proposition of the federation to the several
States, but with the comment that although Sardinia would do its utmost
to meet the views of Napoleon “it could not, even at the risk of being
abandoned by France, deny the principle of popular will on which the Italian
throne reposes.” The people of Tuscany and of Emilia, into which the
former duchies of Parma, Modena and Romagna had united, must decide

1 Russell wrote to Hudson on February 6, “So far as Her Majesty's Government is con-
cerned, our views would be satisfied if the actual law or practice of Tuscany, Modena, Parma
and Romagna were observed. We have never adopted universal suffrage for ourselves ...
if that suffrage is proposed by France we should leave the different states and provinces to
decide for themselves, both as to who should be electors and as to the mode of election.
We have chiefly in view an election not carried by intimidation nor partaking of*the excite-
ment of the first outburst of the national feeling for independence.” /bid., p. 36.

2 On February 19 Cavour had written “ We believe the better way of arriving at the true
sentiment of the Tuscan people would be to convoke an assembly elected by classes which
represent wealth, intelligence, and property. But if the Emperor is unwilling to recognize
any authority save that of universal suffrage, we would also agree without hesitation, since,
after all, we do not wish to have Tuscany united to us, if the majority of all classes, rich
and poor, rural and urban, do not definitely wish it.” Cavour to Arese. Translation.
For original text see Chiala, vol. 3, p. 211.

3 Translation. For original text see Zinî, vol. 2, part 2, document no. 260. February 29,
Cavour wrote to Nigra “ they will, perhaps, adopt the means of universal and direct suffrage
as the one of which the result may be least contested.” Translation from Parliamentary
Papers [2636], p. 31.

74 PLEBISCITES

for themselves; whatever their decision, Cavour promised, it should be re-
spected.!

To block any further diplomatic manceuvres of Napoleon, preparations for
the vote were now hurried. The elections were called in both Tuscany and
Emilia for March 11 and 12. The preamble of the Tuscan decree of convo-
cation recites that although the Tuscan Assembly had, on August 20, voted
unanimously for union, it was found expedient to consult the Tuscan people
directly, with full legal forms, and in this way dissipate the doubt in Europe
as to the complete freedom of the former vote and the firmness of the
national will. Absolute manhood suffrage for all over twenty-one, whether
literate or not, who were in enjoyment of civil rights and had resided in the
commune for six months, was established.

The voting, as in 1859, was to be by secret ballot, cast in the comizi.*
The polls were to be opened in the chief town of each district for the two
days, from 8 À. M. to 6 p.m. The mayors and aldermen were put in charge
of the drawing up of the electoral lists, which were to be based on the parish
registers but were to include those non-Catholics who should go in person
to register themselves. The voting was to be presided over by five common
councillors, two of whom were always to be present. The formulas for the |
vote, to be written or printed on the ballots, were “ Union with the Consti-
tutional Monarchy of King Victor Emanuel” and “ Separate Kingdom.”
There was only one ballot-box or “urn.” The vote appears to have been
meant to be secret, but it is probable that the voter had to select his ballot
from one of two receptacles, as was the custom of the time, and thus the
secrecy was somewhat impaired. Soldiers were to vote at their stations.
The sealed ballot-boxes and formal minutes of the vote, drawn up by the
election officials and transmitted through the several administrative officials
to the Supreme Court of Cassation at Florence, were to be received by the
court and the final vote announced in formal public session in the presence
of the Ministry.

The provisions in Emilia were practically identical. Farini had objected
to submitting the alternative of a vicariat in Romagna to popular suffrage,
on the ground that it was a question at the same time complicated and un-
necessary, as nothing would induce the people of Romagna to vote for a
return of the papal legates.* The formula of the question submitted in all
parts of Emilia was the same as that used in Tuscany.

On March 2, the day after the decree had been promulgated, Boncompagni,
who had been acting as governor-general of Tuscany, again resigned office.
There was, however, no doubt of the result. It was obvious that the vote

1 Documents, post, p. 508.

2 These appear to be the equivalent of our electoral districts.
3 Zimt, vol. 2, part 2, documents nos. 259 D and E.

SAVOY AND NICE, 1860 75

would be merely a reiteration of an unquestioned desire. In both provinces
the balloting took place in perfect tranquillity. The votes of Tuscany were
counted formally in public audience and the result embodied in a report signed
by all the ministers and made public by the Supreme Court of Cassation:
The court announced that of the 386,443 votes cast, there were 366,571 for
union, 14,925 for a separate kingdom, and 4,949 were void.! In Emilia,
where 89 per centum of those qualified had voted, the vote for union was
even more decisive.? Rival dignity led the two deputations carrying the
official result of the vote to present themselves to the King on different days.
Farini led the deputation from Emilia. They were received by the King
standing on the throne, surrounded by the nobles, the state councillors, the
high officials of the crown and of the army, and the whole magistracy. The
sumptuous ceremony was repeated for the Tuscan deputation. The votes
were accepted and by two royal decrees, issued on the same day, the provinces
were declared to be an integral part of the kingdom “ in view of the result
of the universal vote held in the province of Emilia (of Tuscany) the result
of which was a general vote of the population to’ unite with our State.”

Savoy and Nice, 1860

Having failed to free Venetia, Napoleon had been forced to relinquish his
claim to Savoy and Nice. The refusal of the people to carry out the terms
agreed on by the two Emperors at Villafranca, and the movement for
union in Tuscany and Emilia, gave him an opportunity to exact the old prom-
ise as the price of his acquiescence, on the ground that the two provinces
were the equivalent of Venetia. Cavour was forced to yield the matter and
the treaty of cession was signed at Turin on March 24% |

The treaty, however, did not provide for unconditional cession. Cavour
had already comprehended the full value of the plebiscitary method of Na-

1 Documents, post, p. 529. The population of Tuscany, according to the census of 1861, was
1,826,334. Statistica del Regno d'Italia, Popolazione, Censimento generale, vol. 1, p. xxii.

The authenticity of the returns did not escape attack from the papal historians. De
Beauffort in L’Histoire de Pinvasion des états pontificaux, p. 396, quotes Curletti, a former
secretary of Cavour and an official of the Piedmontese police at the time, as saying that in
the Tuscan elections the officials, who had been carefully chosen for the purpose, had seen
to it that affirmative votes were thrown into the urns to cover the abstentions, as well as
a judicious number of negative votes in order to lend plausibility to the result. _

2 Documents, post, p. 533. The census of 1861 gives the population of Emilia by provinces.
The population of Parma and Piacenza was 474,598, that of Modena, Reggio, and Massa was
631,378, and that of Romagna 1,040,591.

‘3 Documents, post, p. 566. There is no doubt that the idea of a cession of Savoy in return
for foreign assistance was an old one. In 1883, it is said, the Mazzinian society of La Gio-
vine Italia offered Savoy to France and the Sicilian ports to England in return for aid.
Cf. Chiala, vol. 4, p. xii, note, who refers the assertion to C. Cantu, Croni-storia dell’ inde-
pendenza italiana, vol. 3, p. 401.

76 PLEBISCITES

poleon. He had resorted to it to circumvent Napoleon in Italy. He now
again invoked it to legitimate in the eyes of Europe, a transaction sure to be
repugnant to it as well as to protect himself against the certain attack of Italian
patriots against a cession of Sardinian soil. On Cavour's insistence, Article 1
of the treaty provided that the annexation should be effected without any
constraint of the wishes of the populations.

As the ensuing plebiscites are at the same time the most familiar instances
of a territorial cession subordinated to a popular vote, and the ones most
bitterly attacked, it is advisable to give in some detail the previous history
of the territories.

The two territories being contiguous, and the cession having been provided
for in the same treaty and under the same stipulations, the custom of con-
sidering the two regions as identical and the plebiscites in them as one is
perhaps natural. This collective treatment is, however, quite inaccurate.
The two regions, different physically and racially, had had a widely differing
history and, to contemporaries, the result of the votes which in the one in-
stance aroused such widespread wonder and incredulity, in the other caused
little surprise.

Savoy, though in history as often a part of Piedmont as of France, lies
on the western slopes of the Alps. It is a mountainous region, the valleys
opening on France and Switzerland. The duchy was composed of two divi-
sions, Chambéry and Annecy. Each division had for‘its capital a city of
the same name. Of the three provinces of Annecy, two, Chablais and Fau-
cigny, bordering on Lake Geneva, had been included in the neutrality of
Switzerland when, in 1815, Savoy had been given back to Piedmont.! The
chief commercial ties of these provinces were with Geneva, whereas the
commercial ties of southern Savoy were with France. The people were
French in race, however, as were those of the rest of the duchy. The devo-
tion of the Savoyards to the church and its hierarchy was one of the chief
characteristics of the duchy. It is said that there were more priests and
monastic orders in Savoy than in the rest of Italy put together.

Savoy was thus divided from Piedmont by language, customs and economic

1 Whether this neutralization was in order to benefit Switzerland or Piedmont was in
1860 a matter of bitter controversy. The British government supported the Swiss claim that
the neutralization was to protect Switzerland only. The French and Italian view was that
the neutralization was at the request of Sardinia, and as a recompense by the Powers for the
cession of a part of her territory to Geneva. The neutralization was desired because these
two provinces were crossed by the Simplon and Great St. Bernard and had no means of
military communication with Turin, which was thus without the means of defending from
French aggression these two routes across her territory. By the provision of 1815 no armed
troops of any Power were to be allowed to traverse the region. In case of Piedmont being

involved in war, her troops were to withdraw and the Swiss troops were to police and
defend the neutralized territory.

SAVOY AND NICE, 1860 77

interests, and by the intensity of its devotion to the church, but a more vital
element of difference than race, religion or language, was the conviction of
the Savoyards that they were governed according to the political exigencies
of the cabinet at Turin, rather than according to their own desires, needs and
traditions.! The Savoyards resented the fact that the administrative offi-
cials were Piedmontese, no Savoyard being allowed to rise to positions of
importance, and that almost one half of the taxes were spent outside of the
duchy. The “question of Savoy” was agitated in contemporary discussion
as that of “another Ireland.” This feeling naturally strengthened the sym-
pathy with France in whose history the people of Savoy had played their
part. There had always been a dormant French party in Savoy. The
nationalist movement of 1848 had galvanized it into activity. At that time,
the liberals, however, had been quieted by the concession of French as the
official language and the conservatives had been restrained by distrust of repub-
lican France. The movement for annexation had again subsided until 1856,
when events in France gave new life to the French party. The Savoyard
conservatives were reassured by the change from republic to empire and had
been estranged from Sardinia by Cavour's acts of 1850 when he caused the
suppression of ecclesiastical privileges and closed the convents.? All the
journals, democratic and conservative, supported the movement, as did the
great colonies of Savoyard expatriates in Paris, Lyons and Marseilles.

The events of 1859 by which Piedmont was expanded into the kingdom
of Northern Italy intensified the feeling of isolation. Savoy, not being
Italian, was reluctant to enter on a war for Italian nationality.? The conse-
quence to Savoy was the subject of constant discussion. Even the addition
of Lombardy alarmed them. In July, 1859, after Villafranca, a petition
was drawn up and sent to Victor Emanuel asking what was to be the future
of Savoy in this Italian national kingdom.* The address became the start-
ing point for propaganda which was strenuously opposed by the Sardinian

1 Saint Gents, vol. 3, p. 338; also Trésal, p. 330.

2 Francisque Grivaz, “Le plébiscite d'annexion de 1860 en Savoie et dans le comté de
Nice,” Revue générale de droit international public, vol. 3, p. 573.

3 On February 9, 1859, Marquis Léon Costa, a deputy from Savoy, speaking in the Sar-
dinian Chamber had said: “ Cette province sacrifie ses ressources pour annuler son influence
déjà si minime dans l'Etat.” Trésal, p. 136, quoting from Atti del parlamento subalpino, vie
légis. 2nd session, p. 332. The Roman exile, Mamiani, said that Savoy felt abandoned as
Ariadne on the cliffs of Naxos. Saint Genis, vol. 3, p. 339.

4“ Sire . . . les actes émanés de votre gouvernment, les bases de la paix qui a été signée,
proclament la fondation d’une nationalité italienne, nettement dessinée par les Alpes ainsi que
par le langage, les mœurs et la race de ceux qui doivent en faire partie.— Ces désignations,
Sire, excluent la Savoie. La Savoie n'est pas italienne, elle ne peut pas l’ètre, quel est donc

l'avenir qui lui est reservée?” Bourgeois, “L'Annexion de la Savoie à la France,” Revue
générale de droit international public, vol. 3, p. 680; Trésal, p. 155; Saint Genis, p. 342.

78 PLEBISCITES

government? To the alarm at the prospect of loss of political importance
was added distrust of Cavour's further policy towards the church.? |

On the other hand the liberals, supporters of the French union in 1848
were now in favor of union with Italy, which, under Cavour and the revolu-
tionary leaders, was far more promising than the Empire with its cultivation
of the clericals.® Stirred to action by the growing rumors of negotiations
for cession, in the last month of 1859 the liberals organized. Their program
was for a union with Switzerland, if union with Sardinia was impossible, or,
if union with Switzerland could not be managed, then for an independent
duchy under a liberal prince. They held a demonstration on January 29,
1860, when a crowd numbering, according to the sympathies of the his-
torian, from 400 to 3,000, met at Chambéry and swore allegiance to Victor
Emanuel and to the union.

Such appear to be the facts as to race, language and public opinion in
Savoy at the opening of the year 1860. The city and county of Nice were
in a far different situation. It had had a history as varied as that of any
border city. In the early days it had been a free city and in alliance with
the several Italian cities of its vicinity. Later, to escape the covetous hand
of the Counts of Provence it had placed itself under the protection of the
Counts of Savoy. Except for the period of annexation to the first French
Republic, it had followed their fortunes and, with the setting up of the
Kingdom of Sardinia under the Savoyard princes, Nice became part of that
kingdom. Yet though its history had been varied there is little suggestion
that Nice was anything but Italian and it is probably this fact which led
Napoleon, in his first public intimation of the French claim to the two re-
gions, to base it not on nationality, even though in Savoy he had a clean
case, but on the claim of balance of power and natural limits. There is
some mention of a French party in Nice, of which Cavour made the most in
his defense, but it is not convincing.

1The clerical Courrier des Alpes was suspended for contending that as the people of
Central Italy had voted for Piedmont, the Savoyards were entitled to vote on their own
fate. Trésal, p. 155.

2 In the elections of 1857, Savoy with few exceptions had gone solidly clerical. Cavour,
writing of his passage through Savoy on his way to Plombiéres in 1858 says, “ Nobody hissed
me on the streets, I can't expect more.” Translated from Chiala, vol. 6, p. 251, Cavour to
Santa Rosa, July 13, 1858.

8 The Savoyard liberals wrote lively brochures saying that France was not the France of
1789, but the France of the Capucins and the Chouans, “ Les intérêts de la liberté priment les
intérêts de la nationalité. Ubi libertas ibi patria.” Saint Genis, vol. 3, p. 346.

4 The Gazette de Savoie, anti-separatist, puts it at 3,000. Parliamentary Papers [2624], p.
20. Grivaz credits this statement. Saint Genis puts the number at 400-500, p. 352; Trésal,
p. 165, appears to credit the smaller figure.

8 Cf. ante, pp. 43-45.

SAVOY AND NICE, 1860 79

Although there had been persistent rumors as to a cession, the first public
intimation of the claim of France was given by Napoleon in his address on
the opening of the legislative chambers on March 1, 1860. The speech
aroused the apprehension of Great Britain, Prussia, Russia and Austria. Ex-
cept for France herself there was not a court in Europe which did not feel
itself threatened by the transfer. Each feared that Napoleon was planning
to follow the footsteps of his uncle. If claims to the slopes of the Alps
were to be reasserted, why not also to Belgium and the Rhine? This fear
was not lessened by the fact that the cession would give France control of
the passes.

Switzerland, already alarmed at the growth of the new Italian kingdom,
was immediately concerned with the effect of the cession on the neutralized
provinces. Napoleon had at first promised these provinces to Switzerland.
At once there came from Savoy a vigorous protest against such dismember-
ment, a protest carried to Napoleon by a delegation of fifty-five provincial
and municipal councillors of Savoy.? This was made use of by Napoleon
as an excuse to abandon the idea. Napoleon's change of policy was made
the subject of many and repeated protests by the Swiss Government which
thereupon insisted that the people of Northern Savoy be allowed to vote
on the alternative of union with Switzerland. To support this demand, peti-
tions with numerous signatures, whether real or false is contested, were
drawn up in the ninety-nine communes of Faucigny and Chablais, asking for
the opportunity to vote for such a union.* It is asserted that Cavour pro-
moted the movement in order to alarm the party for unity and force a vote
for France, rather than be disrupted.*

The Swiss movement was intimately bound up with the economic needs
of the northern provinces which depended on freedom of trade with Geneva.
France understood the importance of this question of a tariff and on March
11, definitely promised that there should be instituted a trade zone with
Geneva. |

The Treaty of Turin was finally signed on March 24. The presence in
the treaty of the clause conditioning the cession on the popular consent is
usually credited to Napoleon; it is not strange considering his devotion to

1 Cf. Documents, post, p. 538. From the correspondence between Russell and Cowley it is
clear that England as well as the other European Powers had for months been fearful of
such a claim.

2As these councils had just been renewed within three months, their attitude towards
annexation to France should give some indication of public opinion. It must be remembered,
however, that they had been elected not by manhood suffrage but on a tax-paying qualifica-
tion of five francs annually in the rural communes and a proportionate rate in the towns.

3 Documents, post, p. 552.

4 Saint Genis, p. 354.

80 PLEBISCITES

the principle. It appears, however, that in this instance Napoleon, though
giving assurances to the Powers that no constraint would be used,! was
actually opposed to the presence of the stipulation in the treaty. The reason
for this, it has been suggested, was that Russia's acquiescence could be
counted on only if there were no mention of a popular vote, and Napoleon
needed Russia's support.? Certainly in the official announcement of the sign-
ing of the treaty in the Moniteur no mention is made of the vote, nor is it
referred to in the Senatus Consulte of Union.3 It is apparent that this
clause was inserted and insisted on by Cavour.*

The treaty had utterly disregarded the claims of the Swiss Government
and of the inhabitants of Northern Savoy. There was to be no third alter-
native to the vote for France or Sardinia. ‘The only protection to Swiss
interests was the clause perpetuating the neutrality of the Northern prov-
inces. The only protection of the minority was the clause of option in Article
6, by which those wishing to preserve Sardinian citizenship might have a
year’s time in which to remove themselves and their property to Sardinia.

The treaty left the method of the vote to an agreement between the two
sovereigns. Napoleon, yielding the point of popular consultation, next ap-
pears to have made an effort to have the vote taken not by universal suffrage
but by the provisional or municipal councils already in existence. This was
likewise the desire of the leaders of the French party in Savoy. This is, at
any rate, the statement of Grivaz who gives authority.” He adds that it was
on the demand of the people themselves, presented to the Emperor on April 1,
that the governments, with common accord, adopted universal suffrage.
Cowley, however, writing to Russell from Paris on April 6, says that the
Emperor had proposed universal suffrage to the King.®

1 In transmitting the speech of March 1 to the French representatives abroad, Thouvenel
said, “I hasten to add that the government of the Emperor has no wish to hold the guaran-
tees which it demands except with the free assent of the King of Sardinia and of the popu-
lations. The cession, therefore, which will be made to it will remain exempt from all violence
and from all constraint.” From a translation in British Parliamentary Papers, Affairs of
Italy, 1860, vol. 67 [2656], p. 5, March 13.

2 Grivaz in Revue générale de droit international public, vol. 3, p. 579.

3 Documents, post, p. 619. |

# Cf. Cavour's speech in the Chamber of Deputies. Documents, post, p. 611.

5 Grivaz, in Revue générale de droit international public, vol. 3, p. 578, cites the Journal
des débats of March 16, 1860 and the Courrier des Alpes to further substantiate his state-
ment. He repeats the following quotation taken from Chiala, vol. 4, p. lii, from an inspired
article in Le constitutionnel of March 30 regarding plebiscites: “un tel principe (la sou-
veraineté du peuple) pourrait devenir pour l’Europe, par une fausse extension, la cause de
troubles et de dangers incessants. Le suffrage universel peut s'appliquer seulement à l’inté-
rieur du pays, mais non servir à modifier l’exercice de la souveraineté dans les rapports avec
l'étranger, ni pour un accroissement de territoire.”

€ Chiala, vol. 4, p. lxxx. Cavour to E. d'Azeglio, April 6, 1860. Ibid, vol. 3, p. 35.
Thayer quotes Bianchi La politique du comte de Cavour, p. 342, “ cependant nous avons pu,

SAVOY AND NICE, 1860 81

On March 25, were held the first parliamentary elections of the new king-
dom of Italy. The citizens of Savoy and Nice voted for their deputies as
if no treaty had been made. To the protest of the French government,
Cavour answered that as the treaty had not been ratified the inhabitants were
still subjects of the King. The elections in the rest of Italy gave added reason
for the conservative and clerical Savoyards to wish for separation, whereas
the radicals were shorn of their strength. The clericals were almost wiped
out and the Cavour ministry endorsed by an overwhelming majority. Of
the eighteen deputies elected in Savoy all but two were conservative annexa-
tionists.? Of these two one had not declared himself and the other was hostile.
It is improbable that the vote represented the work of a powerful organiza-
tion, for the French party had not been organized, as is seen from their appeal
to Napoleon to prevent this election because they had not had time to develop
a propaganda.? All but two of the Savoyard deputies refrained from taking
their seats in the Subalpine Parliament on the ground that as the vote on the
cession had been decreed and as the French character, habits, language and
commercial relations of Savoy left no doubt of the outcome, they thought it
their duty to abstain from voting in the Italian Parliament until after the
election. There are points to be observed, however, about this election. The
suffrage was not universal but on a tax-paying qualification and there had
been many abstentions due to failure to realize the significance of the vote.
It is especially interesting, however, that Thonon, one of the chief communes
of Chablais and near Geneva, had given a vote of 272 to 112 for the unionist
candidate, and Bonneville had gone for annexation by 370 to 168.3

On April 1, Victor Emanuel absolved the inhabitants of Savoy and Nice
from their allegiance, insisting, however, that the cession depended on their
free consent.* The Piedmontese officials were recalled and replaced by na-
tive Savoyards. This was to remove all suggestion of direct pressure by the
Sardinian governors against annexation. The appearance of perfect neu-
trality, however, was not attained as the appointments, save in rare instances,
were of known leaders of the French party, whose names occur on the list of
those who had been recommended to Napoleon by the Savoyard deputation
in Paris as being friendly to the annexation. This was not true, however,
non sans peine faire insérer les deux clauses de la sanction du Parlement et du vote des
populations.”

1 Saint Genis, p. 360; Thayer, p. 214. It should perhaps be mentioned that Cavour had in
February called to the Senate the chief pro-Sardinian delegate from Savoy, in order to give
evidence of good faith to the Emperor.

2 Trésal, p. 251.

3 Only 390 had voted out of 857 registered, however. Trésal, p. 255, gives the votes by
electoral districts, of which there were twenty-two, and says that Chablais and Faucigny had

been won by the French promise of a zone.
4 Cf. Documents, post, p. 569.

82 PLEBISCITES

of Lubonis the provisional governor appointed for the city and county of Nice,
for his name is signed to the protest against the cession to France, addressed
by the municipality of Nice to Victor Emanuel on March 21. The syndics
of the communes who were appointed officers, and supposedly native Sa-
voyards or Nicois, were not removed but were allowed to retain their offices.
The communal councillors, who were to aid the syndics in carrying out the
vote, were elected officers. They too were retained.

Immediately on installation, the provisional governors proclaimed the
plebiscite. The proclamation of Lubonis fixed the plebiscite for Nice and
its district for April 15; that in Savoy was fixed for April 22. With the
publication of these decrees the storm which Cavour had foreseen broke in
the Sardinian Chamber. The difference in date and the haste in holding
the vote in Nice were the chief bases of the attacks on the government. Gari-
baldi in his famous interpellation, on April 12, after utterly repudiating the
cession of his native city, bitterly criticized the unseemly haste which did
indeed give a ridiculously brief period for the compilation of the lists, and
urged delay; Mamiani offered a resolution providing for delay and also for
a committee of inquiry to be sent by the Chamber to watch the conduct of
the vote. These amendments were defeated, Cavour insisting that party feel-
ing was running too high in Nice to make delay advisable, a defense in all
probability not altogether disingenuous. The tone of Lubonis’ proclamation
was also savagely criticized in the Chamber, and the justice of the attack was
admitted by the government. Certainly there could be no defense of its utter
lack of neutrality. Every phrase had been framed with the purpose of in-
sistence on the inevitable character of the cession and the desire of the King
that it should be carried out. Lubonis had explicitly urged a vote of affirma-
tion of the treaty.! Malaussena, the syndic of Nice, whose name, like that
of Lubonis, had appeared on the protest of the 21st of March, in his mani-
festo published on April 8, used language as unneutral and pro-annexation in
tone as that of Lubonis.

By the decrees of the governor and of the syndic the polls were to be opened
in each commune of Nice and its district on Sunday, April 15 and on Monday
the 16th, from nine to four. The vote was to be by written or printed ballots
with the word “ yes ” or “no.” All male citizens over twenty-one, belonging
to Nice by birth or origin and living in the commune for the last six months,
were given the right to vote. Latitude as to the period of domicile was
allowed those away from the city but known to be Nigois and returning to
vote. The compilation of the electoral lists was entrusted to a committee in
each commune composed of the syndic and four municipal councillors. This

1 See Proclamation of the Governor Regent of the City and County or Nice. Documents,
post, p. 574.

SAVOY AND NICE, 1860 83

committee was all-powerful. Not only were its decisions to be final, but the
unusual provision was included that the committee should, without waiting
for applications, transfer from the old lists the names of any who were
known to have the right to the vote in this election, whereas others were to
present themselves before the committee. This provision naturally gave
rise to charges of partisanship which were probably well merited, for it was
in this way made only too easy for the committee to inscribe French sympa-
thizers without application and to insist that the anti-annexationists must
register in person.

The French government had sent a commissioner to Nice, as well as one
to Savoy, to watch over the preliminary arrangements and to see that the
interests of France were protected, a measure which though surely legitimate,
has also been made a subject of reproach.

The vote was held in Nice and the district on the days appointed. The
official figures are 25,743 affirmative votes, 160 negative, and 30 void. The
results were overwhelmingly for France. Even the soldier vote had gone
for France by a large majority.* There is small wonder that there has been
scepticism as to the returns, and, indeed, they must have been tampered with,
if the assertion is correct that, in Levenzo, 74 more votes were cast than there
were voters, an assertion made in the Italian Chamber on May 25 by Laurenti-
Rabaudi, and not denied. The official returns naturally do not show this dis-
crepancy.? This is the only specific accusation of the kind, however, nor is
it necessary to consider it as proved, although Fusinato, in writing of the
plebiscite, repeats the statement ‘as to Levenzo and admits that the charges
made by Laurenti-Rabaudi and the other opponents were for the most part
true. But, he adds, on the other hand, it is necessary to agree that in the
face of such a unanimity of votes it is not possible to admit that those illicit
schemes alone were powerful. “ If it were so,” he says, “ those populations
were so utterly corrupted as to make us almost glad that they were torn away
from our nation.” *

The points made in defence of the vote of Nice by Cavour as President of
the Council in his several speeches before the Sardinian parliament are of
varying conclusiveness.* His picture of Nice as a French city he afterwards
admitted to have been contrary to his own convictions. The impropriety of
the acts of Lubonis he acknowledged from the first. The argument that what-

1 The figures given out on April 28 gave 1200 for union and only 186 against. Documents,
post, p. 597. According to the census of 1858 the total population of the city and county of
Nice numbered 246,731. Of these 122,421 were male. ‘Statistica del Regno d'Italia, Popo-
lazione, Censimento degli antichi stati Sardi, January 1, 1858.

2 Documents, post, p. 614 and table on pp. 4235.

8 Fusinato, p. 113.

# Documents, post, pp. 435-443.

84 PLEBISCITES

ever pressure the civilians were under in Nice, the soldiers, who were not in one
organization but were scattered throughout the Italian forces, had been under
precisely the opposite influence, namely, that of their Italian companions,
merely suggests that their officers had exercised pressure. The opportunity
to lessen their term of service with the army from the eleven years required
by Sardinia to the seven required by France, must, however, have played a
great part in their decision. Aside from the vote of Levenzo the reproaches
most often heard are that Lubonis and the bishop exerted all their eloquence,
the bishop asserting that it was the will of God that they vote for union,
and Lubonis insisting that it was also the desire of the King. With a loyal
and Catholic community these arguments may have had great weight, but
can scarcely be regarded as rendering a vote by secret ballot valueless.
There is probability that the French offers of development of the city as a
pleasure ground and the prospect of other benefits from annexation played
their part — and a legitimate part. The assertion that there were French
troops in the district at the time of the vote seems unfounded. In view of
the apparent content of the population of Nice with their fate, and the
scarcity of proof to support the assertions so hotly made, it is arguable that
these have been exaggerated by the several Powers and parties whose inter-
ests were involved and too easily credited by those who distrust universal
suffrage and the doctrine of national self-determination.

The vote of Savoy was held a week later than that of Nice. The provi-
sional governor of Chambéry, in a circular of rather more seemly unneutral-
ity than those of Lubonis, had announced on April 7 that the polis of Savoy
would be open on Sunday, the 22nd, from 8 A.M. to 7 P.M. for a vote on
the question: ‘Does Savoy wish to be united to France?” The suffrage
was given to all citizens over twenty-one, born in Savoy, or of Savoyard par-
ents out of Savoy, who were in enjoyment of civil rights and had lived in
the commune for over six months.! The registration lists based on the census
and tax lists were to be drawn up by communal committees composed of the
syndic and the four senior members of the giunta, and were to be posted by
April 15, at latest? On the 9th this proclamation was supplemented by one
wholly unneutral in tone, addressed to the syndics of the district of Cham-
béry, urging them to explain to their subordinates that the choice was
no longer between France and Sardinia, but between France and an unknown
fate. The Intendent Regent of Faucigny issued a similar circular pointing
out that there was no question of union with Switzerland involved in this
vote and that a negative vote would not advance such a desire. The various

1 Cf. Documents, post, p. 585.
2 By a later proclamation, it was provided that agents should visit all houses of the com-
mune in order to enter the names of all the inhabitants not on the census and tax lists.

SAVOY AND NICE, 1860 85

Sardinian officials still left in Savoy used their influence also for annexation,
if one may judge by the action of Graglia, the royal commissioner of edu-
cation, who wrote to the governor regent of Annecy begging him to instruct
the people to give an enthusiastic endorsement to the union.! It is said that
the circular issued by the governor of Annecy, in order to reconcile the electors
of Chablais and Faucigny, permitted them to substitute France et zone
for the simple affirmative.? Most of these circulars were intended to carry
some suggestion that the vote was a mere form and the cession a foregone ‘
conclusion and yet they warned against staying from the polls on that account.

The conservatives, through their deputation to Napoleon, had protested
against a popular vote of any kind. When the proclamation reached them
they were aghast at the news of the proposed adoption of manhood suffrage,
and protested to Napoleon that they had not the time to work with the masses,
that the syndics and the reds, who were well organized, would easily oftset
the new administration of Savoyard conservatives who would be without
funds, arms, or time, and who lacked leaders of experience in directing propa-
ganda.? They returned at once from Paris and set about forming committees
throughout Savoy to prepare for the vote. On April 12 the central committees
which they had formed at Chambéry and Annecy sent circulars to all the
syndics oftering help in seconding the governor's efforts for a big vote for
annexation and promised in particular to send French flags to all the com-
munes where wanted, and urged union of all parties in support of annexation.
Following this advice, in some places, notably in Tarentaise and Maurienne,
the two parties fused and worked together for annexation.* Not all the
radicals were willing to give up their desire for the liberal Italian rule, how-
ever. The red newspaper, the Gazette de La Savoie, raged.

The great doubt was as to Chablais and Faucigny. The conservatives said
it was necessary to place these provinces in a position where material inter-
ests would not be harmed by annexation to France. Though the Emperor
had assured the Savoyard deputies that a zone would be granted, the Swiss
agents were busily sowing doubts in the minds of the peasants as to the value
of Napoleon's word, which was not yet embodied in official documents. In
answer to the conservatives’ plea to send an agent to counteract this, Napoleon
sent Senator Laity to explain the French intentions as to the zone. He ar-

1 Grivaz, op. cit., p. 582, gives the text.

2 Trésal, p. 258. Grivaz makes the same statement giving the article. No text of the
original can be found. The Circular of the Intendent Regent of Faucigny, q. v. in Docu-
ments, fost, p. 591, does not mention France et sone as a possible form of vote, though it
gives assurance that the zone is included in the vote for France. This was unnecessary as
the promise of the zone had been made previously to the vote.

8 Trésal, p. 251.
+ Ibid., p. 260.

36 PLEBISCITES

rived on April 4 and with his suite travelled through Savoy until April 28,
giving particular attention to Chablais and Faucigny. Everywhere he was
received with the greatest enthusiasm.! He was accompanied by a group
of engineers to inspect the needs of the country, of which the Savoyard depu-
tation to Paris had spoken, and to draw up projects on a grand scale for
tunnelling the mountain passes as they had desired. This mission, with the
many inducements which it offered for union with France,? went far to
‘ counteract the Swiss propaganda, in spite of the Swiss money which was
reported to be plentiful in the northern provinces.

The vote took place on the 22nd and 23rd of April. Contrary to the
assertion commonly made, it appears that though French troops had been
stationed in both Nice and Savoy, and had been constantly passing through
on their way from Italy, where they had been kept some time after peace had
been signed, the authorities had taken care to remove them before the vot-
ing.? The vote is said to have taken place with enthusiasm. The electors
of the country districts marched in procession, the syndic at the head, carry-
ing French flags blessed by the priests, the procession beating drums and
crying, “ Vive la France. Vive !Empereur.’’* In the towns they marched
by trades and fraternities. The women, too, made known as well as they
could, their desire for the union. Tresal, commenting on the accounts in
the journals of the day, says it is obvious that the vote was a tremendous
ovation for France and that it was a religious as well as a patriotic vote.
The Swiss party in the northern provinces made no sign. At Bonneville, a
centre of Swiss agitation, the vote was without disturbance and particularly
solemn.

On April 29 the Court of Appeal of Chambéry, whose duty it was to verify
the votes of the whole of Savoy and to add them together, published the
official result of the vote. 130,533 had voted for union with France and
only 235 against. 71 ballots were void The soldier vote, counted sep-
arately, resulted in 6,033 votes for France, 282 against the change in sover-
eignty and 34 void.” The anti-annexation party claimed that all abstentions
should be counted as negative. It appears, however, that each commune kept

1 Trésal, p. 264.

2 For the arguments used by the French mission, see Cavour's speech before the Sardinian
Chamber. Documents, post, pp. 440 et seg.

8 Saint Genis and Trésal agree than the Piedmontese soldiers were no longer in the coun-
try, and the Savoyard militia were alone charged with the keeping of order.

4 Trésal, p. 274. |

5 Documents, post, pp. 427-8.

6 The total population of Savoy in 1858 was 543,098. Of these 265,775 were males.
Statistica del Regno d’Italia.

1 Trésal, p. 276. According to Saint Genis, this soldier vote was reported later and should
be added to the official result.

SAVOY AND NICE, 1860 87

a careful list of the reasons for abstention, whether through illness, absence,
or unwillingness to vote.!

There is no case of a plebiscite more energetically attacked by writers than
these votes of Savoy and Nice. The main indictment advanced against the
votes of Savoy and Nice is the same, namely, that the vote was a mere form,
the cession having been already determined on and the treaty signed. Grivaz,
one of those attacking it at length, says that to say the cession depended on
the vote is ridiculous for the treaty was signed on March 24 and all the
journals spoke of the cession as inevitable. Pradier-Fodéré asks whether
the two monarchs would have torn up the treaty had the vote been negative,
and answers No. Stoerk says it is evident that the cession was not condi-
tional on the plebiscite from the reasons given by the Emperor for the ces-
sion, namely, that it was because of the necessity of safeguarding the frontiers
and of maintaining equilibrium? Grivaz insists that there must have been
a party against annexation for the country was noted for its loyalty and
there was at least a respectable minority in March. How could they have
disappeared by April, unless it was because they felt the hopelessness of any
opposition, and that the choice was between a France which wanted them, and
a Piedmont which wanted them no longer? Grivaz asserts that Cavour did
what he could politically to bring it about by both appointments and influence.
Rouard de Card, Bourgeois, Trésal, Saint Genis and Heimweh all defend the
vote of Savoy, the latter saying, however, that it is to no purpose to under-
take a proof “ which will not change the opinion of the gallophobes of the
Triple Alliance.”

The arguments of the opposition are no doubt true in part. Certainly the
officials had done all in their power to give an appearance of the inevitable
to the cession. As for the treaty, it was especially provided that it should
not be valid until ratified by parliament, and it was not ratified until after the
vote. Napoleon, Victor Emanuel and Cavour all gave repeated assurances
that they would abide by the plebiscite. What their course would actually
have been had the vote been adverse is a matter for speculation, not decision.

1 Saint Genis, p. 364, and Trésal, p. 276, put the voluntary abstentions at 647. Saint Genis
gives the following analysis:

4610 abstentions
2709 absent
1254 infirm or ill

3963

647 voluntary,

out of which 157 were from one commune, half of which was in Switzerland.
2 Grivaz, Revue générale de droit international public, vol. 3, p. 445; Pradier-Fodéré, vol.
3, $857; Felix Stoerk, p. 130, cited by Grivaz.

88 | PLEBISCITES

It is possible that Cavour would have seized the opportunity to abandon the
treaty. Certainly Napoleon, the champion of popular sovereignty, to which
title he owed his throne, would have been in a position sufficiently embarrass-
ing. It is noteworthy that the specific charges of pressuré and cor-
ruption which were so freely advanced in the Italian Chamber against the
vote of Nice were not urged against the vote of Savoy. There was no charge
of manipulation of the ballots nor of any pressure other than moral. Sur-
prisingly enough, there was scarcely any attack on the proclamations issued
in Savoy as unneutral nor emphasis on the undoubted activity of the priests
for union. In the final debates of May 24-27 in the Chamber the fact of
the French nationality of Savoy was admitted by Rattazzi and the other
critics of the government, and opposition to the cession was based on wholly
different grounds, namely, those of historical claims and strategic value. The
most spirited attacks on the conduct of the vote are to be found in Laurence
Oliphant's articles from Savoy to the London Times which was, of course,
in sympathy with the British Government's opposition to the cession. Oli-
phant had gone to Savoy to revive the waning resistance to the cession and
to prevent a vote for the “ blackguard Emperor.” His evidence of lack of
freedom of the vote in Savoy is largely frivolous, as examination of the
Times articles shows,* nor are his generalities and inferences worth serious
consideration.

It is apparent from the almost unanimous character of the vote for France
that something more than the exhortation and argument of the Savoyard
officials would be necessary to account for it. With a secret ballot, corrup-
tion, manipulation and imminent danger of general calamity would be neces-
sary to provoke such a result against the popular inclination. Certainly
there is no need of explaining the vote of Savoy by corruption, pressure or
manipulation. The truth appears to be that in Savoy the already existing

1 See the London Times, April 28, 1860. The most convincing argument made by
Oliphant is that the officials not only posted their own proclamations urging union, but would
not allow anti-union posters to be posted. He also charges that French agents were carry-
ing on propaganda — which was to be expected and was, if not accompanied by threats or
bribery, a legitimate activity — and that the zeal of the authorities in satisfying their curi-
osity regarding the presence at the polls, without registration tickets, of two strange English-
men, himself and his companion, showed that the vote was not free — a conclusion which is an
apparent nonsequitur. He makes no suggestion of military coercion nor of direct bribery.
Oliphant's efforts to stir up an opposition were hopeless, as he himself admitted. “There is
not the slightest chance of a row,” he wrote home, “the people are like sheep.” It is evident
that, apart from his opposition to Napoleon, he was not sorry to have a chance to ridicule the
workings of universal suffrage. Oliphant had gone for adventure and “copy,” as well
as for a political purpose, and was determined to find it. “It is great fun to have another
object than churches and picture-galleries,” he wrote home. It is interesting to find that
Garibaldi's interpellation of April 12 and the plan for breaking the ballot-boxes and forcing

another election in Nice were attributed to him. Margaret O. W. Oliphant, Memoir of the
Life of Laurence Oliphant and of Alice Oliphant, his Wife, vol. 1, p. 249 et seg.

SICILY AND NAPLES, 1860 89

French party had been greatly strengthened by the events which occurred
immediately before the plebiscite. Already smarting under consciousness of
a different origin, resenting administration from Turin, the sudden accretion
of millions of Italians which had come to Piedmont through the votes of
Tuscany and Emilia made the Savoyards, never enthusiastic over the Italian
war, fearful of being completely submerged in the new kingdom. The French
promise of a zone and of capital to carry out the material developments which
Savoy so sorely needed, and which have served to double her wealth, furnished
the economic argument. To the strong Savoyard national pride, the fear of
dismemberment of the northern provinces was sufficient of a patriotic argu-
ment. Fear of Cavour's anti-clerical policy united the nobles, lawyers and
priests, who, in that somewhat patriarchal society had great influence over
the peasants. It is significant that although, ten years later, opportunity to
escape from French allegiance presented itself with the Franco-Prussian war,
there appears to have been no movement of such a nature.

Sicily and Naples, 1860

The republicans, the ground cut from under them in Northern and Central
Italy by the votes of Tuscany and Emilia, had turned to the provinces of the
Marches and Umbria which were still under papal rule, and to the kingdom
of the two Sicilies, where the Bourbons still refused a constitution. In con-
junction with local leaders Mazzini's agents, Rosalino Pilo and Francisco
Crispi, had planned a revolution in Sicily which, early in April, had become
an open revolt of such proportions as to induce Garibaldi to put himself
at the head of the expedition in its aid.

It is unnecessary to enter here on the tangled web of diplomacy which
followed or on the picturesque adventure of Garibaldi’s Thousand. On
May 14, having landed at Marsala, Garibaldi, from Salemi, proclaimed him-
self Dictator “on the invitation of noted citizens, and the deliberations of
the free communes of the Island.” 1 By the end of July the whole island,
with the exception of Messina, was in his hands.

There were four parties in Sicily, autonomists, republicans, Sardinians and
Bourbon sympathizers. Desire for autonomy, which was largely desire for
freedom from Neapolitan domination, was a political tradition. Illiteracy
was high and, except for the brief period in 1848, Sicilians had had no expe-
rience in self-government.! The strength of the new party for union with
Sardinia was uncertain, though it was evident that it was fast increasing with
the successes in northern Italy. The plan of the republicans was to delay
the decision of the question of the political future of Sicily until Rome and

1 Documents, post, p. 620.

90 PLEBISCITES

Naples were free. Though both Sardinians and republicans had supported
the expedition, Garibaldi was a republican at heart, and the republicans looked
on the expedition as their own.

Cavour, through fear of a republic of southern Italy, as well as for diplo-
matic reasons, was anxious for immediate annexation. For this purpose
he wished a vote to be taken at once. Garibaldi opposed such action on the
ground that it would interfere with the expedition to Naples. This division
of counsel lasted through June, the republicans in their propaganda against
union earnestly appealing to the ancient Sicilian love of autonomy. On June
23 Garibaldi yielded so far as to publish an elaborate electoral law, establish-
ing universal suffrage, excluding only religious orders, condemned criminals,
and those under punishment for crime and misdemeanors,! and offering
alliance with Sardinia, a solution which appealed to France and Great Britain
who both preferred the autonomy of Sicily to further union.?

Preparations for the Neapolitan expedition were now under way. On
July 22, Garibaldi named Depretis, an agent of Cavour, as pro-dictator of
Sicily, and as a final act caused the Sardinian constitution to be proclaimed on
August 3. On August 20, Garibaldi landed on the mainland and began his
triumphal march to Naples, which he entered on September 7.

In Naples there had been far less desire for union with Sardinia than in
Sicily * and the Bourbon placemen could be counted on to oppose it vigor-
ously. The feeling for autonomy was strong and to this the republicans ad-
dressed themselves. The diplomatic reasons for Cavour's desire for: imme-
diate annexation were increasing, while the republican policy of delay appeared
to be gaining headway with Garibaldi’s increasing successes. Efforts to fore-
stall Garibaldi by a revolution in Naples were futile. The army and civilians |
were deserting the Bourbons in vast numbers, but the people were too ener-
vated by Bourbon misrule to stir. Garibaldi’s reception on entering Naples
on September 7 was one of wild enthusiasm. Bourbons, republicans, na-
tionalists, police, national guards and clericals, all joined in the demon-
stration. The victories of the Piedmont troops over the papal forces and
Garibaldi's triumphs over the Bourbons soon disposed of all resistance.
Alarmed at the growth of republican prestige, Ricasoli and the other Sar-
dinian leaders urged on Cavour immediate annexation by a declaration of
parliament. Tempting as was this solution, Cavour refused to abandon his
policy of basing the Sardinian title on a popular vote.*

1 Le assemblee del risorgimento, vol. 15, p. 1011, for text.

2 England had, however, signified that she would abide by a popular vote in Naples as she
had in Central Italy. Villamarina to Cavour, April 4, 1860, Chiala, vol. 4, p. cxxxv.

8 Ibid., vol. 4, p. cxxxv, Villamarina to Cavour.

* It was proposed not only that parliament declare that all of Italy belonged to the king-
dom but that parliament should surrender its power to the King who should be made a dic-

SICILY AND NAPLES, 1860 91

The situation was brought to a head by the increasing acuteness of the
struggle in Sicily where Depretis, the pro-dictator, was working for a plebis-
cite and Garibaldi opposing it. Depretis resigned and the struggle was
taken by Cavour to Parliament where on October 2, after announcing the
situation in Sicily and Naples and the revolt in Umbria and the Marches,
he laid his policy of popular consultation before the Chamber and asked for a
vote of confidence.! There could be no clearer statement of repudiation of
title by conquest or devotion to the principle of self-determination than this
made by Cavour. After protracted discussion the government's bill passed
the Chamber by a vote of 296-6 and the Senate by a vote of 84-12, the oppo-
sition being largely from the clericals, although this measure meant the anni-
hilation of the revolution.

On October 5th, Mordini, the new pro-dictator of Sicily, working with the
autonomists, issued a decree convoking the electors not for a plebiscite but
to choose delegates to a representative assembly, hoping by means of the
delay consequent on this method to stave off annexation. The primary as-
semblies were convoked for October 21. The attempt to interpose an assem-
bly was repeated at Naples by Crispi, the leader of the republicans. Palla-
vicino, the Neapolitan pro-dictator, was for a plebiscite, Garibaldi supported
Crispi; Pallavicino resigned. The next morning the city was strewn with
white slips marked ‘ Yes” and memorials supporting Pallavicino were signed
by citizens and National Guards. When Garibaldi saw the strength of the
popular demand for a plebiscite he yielded. Almost simultaneously news
was received of Cavour's victory in parliament.

Pallavicino was restored to office and, on October 8, issued a decree call-
ing the people of the continental provinces to meet in primary assemblies on
October 21, the day already set for the elections in Sicily, in order to accept
or reject the following “ plebiscite”: “The people wish Italy, united and
indivisible, with Victor Emanuel as Constitutional King, and his legitimate
descendants.” The qualifications for suffrage are the same as those of
northern Italy, for here where the rate of illiteracy was far higher than in
the north, it was even more essential to omit a literacy qualification if a real
expression of the popular will was desired. The rate of illiteracy in Naples
was, however, not so high as that in Sicily, where only one in ten could read
and write.
tator until all Italian questions were settled. To this Cavour answered that the sympathies of
liberal Europe would be sacrificed as well as the legal liberty which he wished to be the
inseparable companion of the independence of the nation. (Cavour to Salvagnoli, October 2,
Chiala, vol. 4, p. 23.) “I am a son of Liberty, and it is to her that I owe all that I am. If
it be necessary to put a veil upon her statue, it will not be for me to do it,” he wrote, and
again, “ The parliamentary road is longer, but it is more secure.” (Cavour to the Countess

Anastasia de Circourt, ibid., p. 25.)
1 Documents, post, p. 623.

92 | PLEBISCITES

Hoping to forestall a demand for a plebiscite in Sicily, Mordini, on October
9, convoked the Sicilian Assembly for November 9, but Garibaldi, having
yielded in Naples, abandoned the plan of the assembly in Sicily and caused
a proclamation similar to the Neapolitan one to be issued there on October
15. By this proclamation the assemblies already convoked for the 21st were
to cast their votes, not for representatives as first planned, but directly on
the question of union.! Then, unwilling that the royal title should be based
wholly on a plebiscite and without formal recognition of his agency, Gari-
baldi, on the same day, issued another decree announcing the union of the
two Sicilies with the constitutional kingdom of Victor Emanuel.?

The votes were held in both Naples and Sicily on October 21. The result
was overwhelmingly for Sardinia, although the conditions surrounding the
vote of Naples and the continental provinces were attacked with bitterness
by those opposed to the result, and to some extent with reason. The ques-
tion of whether order or anarchy reigned in the city of Naples was a matter
of controversy. Disorder and violence of party feeling were to be expected
as a legacy from the Bourbon rule. Although the Sardinian troops did not
enter Naples until October 29, and Victor Emanuel had, from Ancona prom-
ised to defend the right of the people to legally and freely manifest their will,
it was inevitable that the authenticity of the vote, taken as it was under Sar-
dinian auspices, should be contested. In at least some of the country parts
there appears to have been disorder. On October 27 Elliot reported a move-
ment in favor of the Bourbons, about Isernia. It was supported chiefly
by the peasants. Such attempts to restore the Bourbons were being ignored
by the press and concealed by the authorities.? The republicans had been
dealt a severe blow by Pallavicino who had suppressed the political clubs.
Money and ships had been sent by Sardinia. It is asserted that the authori-
ties clapped the reactionaries in prison, thus depriving the plebiscite of value.
Intrigue was everywhere. The criminal classes were quick to make the most
of the opportunity offered them by an interregnum and it was doubtless the
desire to restore order and prosperity which won the support of the several
parties to the cause of annexation.*

That there were suggestion and intimidation there is no doubt, and the
method of voting whereby the elector must choose his ballot from one of the

1 Documents, post, p. 635.

2 Ibid., post, p. 637.

8 Parliamentary Papers, Affairs of Italy, 1861, vol. 67 [2757], p. 134.

+ Elliot, the British Minister at Naples, in a dispatch to Lord John Russell says that
“many would wish autonomy if secure from the return of the Bourbons, but are obliged to
vote in either the affirmative or the negative, and, to escape continued disorganization, many
who are separatists at heart will give the affirmative vote.” Parliamentary Papers [2757],
p. 115.

SICILY AND NAPLES, 1860 93

baskets under the public inspection doubtless aided in bringing pressure,! yet
no coercion could account for the almost unanimous result? The figures, as
announced by the Supreme Court on November 3, were 1,302,064 votes for
union and 10,312 against, which, according to figures forwarded to the British
Foreign Office represented a vote of 19 per cent. of the population, a figure
only slightly less than those of Tuscany and Emilia.3

The vote of the mainland provinces was presented by Pallavicino to Victor
Emanuel, on his entrance into the city. He acknowledged it by a procla-
mation to the Neapolitan and Sicilian peoples which read, “ Universal suffrage
has given me the sovereign power over these noble provinces,* and in the royal
decree of annexation of December 17 the plebiscite was again referred to as the
basis of title.

The result of the plebiscite in Sicily was equally decisive, there having been
432,053 yeas and 667 nays.5 The result gave rise to far less discussion than
did that of Naples, for Sicily had been much more evidently disposed to
union, as Sardinian observers had agreed in April. Here, too, desire for a
stable order had won over the opponents.

1 Elliott to Russell: “In fact, both the terms of the vote and the manner in which it is
to be taken are well calculated to secure the largest possible majority for the annexation, but
not so well fitted to ascertain the real wishes of the country.” He admitted, however, that the
annexionists were by far the strongest in numbers. Parliamentary Papers [2757], p. 115.

2 Fusinato, p. 133, quotes Stoerk, p. 127, to the effect that 3,000 Neapolitan women pre-
sented themselves at the polls to vote for union. There is no evidence that their vote was
counted.

3“ According to an analysis published here of the votes upon different occasions in which
appeal has been made to universal suffrage, the votes given have been in the following pro-
portion to the population of the countries: —

In France in 1848 ................................., 21.28 per cent.
#4 1851 ................... uses 53.19 “

“ O ¿AN 23.25 “ “

TUSCANY ......oooocooconooocnoronororrcracococanososo 2117 “ “

Emilia ..........ooooooocommmosrcrnrroronicrcascion. 20.09 “ “

Naples .......cccc cece ccc cc cccccccccessccsccesscecs 19.17 “ “

Though the numbers who have here taken part in the vote may be considered rather small,
the proportion of affirmative to negative votes amounted to no less than 99.21 per cent.,
which is greater than in any preceding instance, except in the Emilia, where they amounted
to 99.64 per cent. of the votes recorded. Elliott to Lord J. Russell, Naples, November 10,
Parliamentary Papers [2757], p. 161.

The population of the Neapolitan Provinces in 1861 was 6,787,289. Statistica del Regno
d'Italia.

4 Documents, post, p. 649.

5 The formal minute of the vote of Sicily recites that many votes were declared void,
through improper phraseology, and that the votes of Ustica and Mandanici were thrown out
because there the populace had voted “without regard to age or sex.” Documents, post,
p. 644. The population of Sicily in 1861 was 2,392,414, Statistica del Regno d’Italia.

6 Chiala, vol. 4, p. cxxxv.

94 PLEBISCITES

The union, however, did not bring order at once either in Sicily or in
Naples. After the union the autonomists, the reactionaries, and the republi-
cans, the priests and the remnants of the Bourbon party in Sicily kept up a
conflicting propaganda. Rivalry for political plums led to rivalry between
the Mazzinians and the Garibaldians.! Brigandage flourished. Unification
was difficult and the government had made itself unpopular. The climax was
reached with the revolt of 1866 and the attack on Palermo. Since then there
has been practically no separatist movement of any consequence.

Umbria and the Marches, 1860

The unrest in the southern part of the peninsula had spread into the
Marches and Umbria. The papal troops were about to suppress it. Cavour,
alarmed at the republican direction of affairs in southern Italy, had adopted
the policy of the military participation of Piedmont in the liberation of these
States, forestalled the papal troops by sending a Piedmontese force to occupy
the provinces and at the same time interpose a barrier between the “ Red-
shirts ” and Rome. On September 11 the Piedmontese army crossed the fron-
tier, on the 18th the papal forces were crushed at Castelfidardo and, with the
fall of Ancona, on the 29th, the two provinces were in the hands of Victor
Emanuel.

Over each province the King had, on September 12, appointed a commis-
sioner-general.? On October 21 each commissioner proclaimed a plebiscite
for November 4 and 5 in his province, on the question of union with the
constitutional monarchy of Victor Emanuel.? The provisions for the regis-
tration and vote are almost identical in the two decrees. Manhood suffrage
was established as in the other provinces, with the usual qualifications of six
months’ domicile and no judical inabilities. The commissioners made no
pretense of neutrality, but in supplementary decrees urged the union with
eloquence. But the union needed no urging, and although there were armed
Sardinian forces throughout the provinces there is little doubt but that the
vote was a sincere one. The result as proclaimed with great formality by
the chief court of each province was, in the Marches 133,783 for, and 1,212

1 Thayer, vol. 2, p. 434. The British minister at Naples wrote to Lord John Russell on
November 16 that the measures incident to annexation were difficult to carry out owing not
only to the great corruption of the country, but also to the fact that although the several
parties had compromised on union with Sardinia in order to get rid of the Bourbons, there
was no general desire for the success of the annexation and the paths were already diverging.
He speaks of the humiliation of the autonomists at the provincial status of the country as a
matter of some moment. Parliamentary Papers [2757], p. 177.

2 Documents, fost, pp. 655 and 656.
s Documents, post, pp. 657 and 665.

UMBRIA AND THE MARCHES, 1860 95

against annexation, and in Umbria, 97,040 for, and 380 against.! The votes
were formally presented to the King in the same manner as those of Naples
and Sicily and the provinces were incorporated in the kingdom with the same
formula.

Cardinal Antonelli sought by energetic protests to awaken the Catholic
countries in the interests of the Holy Father. In a letter of November 4,
he said 1t was not a question of the conditions surrounding the vote, but the
vote itself. He condemned the politics of Sardinia in seeking to introduce
a principle eminently revolutionary and destructive of legitimate sovereigns.?
But much as this argument appealed to Austria and Prussia, it was of no avail
against the overwhelming testimony of the vote itself. The protest of Lord
John Russell was of another order. On October 27 he had won the adoration
of the Italian patriots by defending, against the protests of Austria, France,
Prussia and Russia, the action oí Sardinia in support of the Sicilian and
Umbrian expeditions, taking the ground that the people of the Roman and
Neapolitan States were the best judges of their own interests.® He required,
however, that that judgment should be clear and free from pressure. In a let-
ter to Hudson on January 21, he says that the votes oí Naples, Sicily, Umbria
and the Marches, cast by universal suffrage, had no great value in the eyes
of the British government, as they were nothing but a formality following
upon acts of popular insurrection, or of successful invasion, and did not
imply in themselves any independent exercise of the will of the nation in
whose name they were given. He, however, waived further objections, should
representatives of the several different Italian states convoked for February 18
by a deliberate act constitute those States into one State. “ When the
formation of the State shall be announced to Her Majesty,” he wrote, “it
is to be hoped that the Government of the King will be prepared to show
that the new monarchy has been erected in pursuance of the deliberate votes
of the people in Italy and that it has all the attributes of a government pre-
pared to maintain order within and relations of peace and friendship with-
out.” *

On February 18 the first Italian Parliament met in Turin, and, on February
26 gave the sanction desired by Lord John Russell. Victor Emanuel was
voted King of Italy by a vote of 129 to 2 in the Senate and 292 to 1 in the

1 Documents, post, pp. 667 and 670. The population of the Marches in 1861 numbered
883,073. That of Umbria was 513,019. Statistica del Regno d’Italia.

2 Archives diplomatiques, 1861, part 1, p. 93.

8 Parliamentary Papers [2757], p. 125.

4 Ibid., Affairs of Italy, 1861, vol. 67 [2804], p. 1. Cavour in a letter to Azeglio at London
from Turin, March 16, chose to construe this as a question of the principle of universal suf-
frage and not of the conditions surrounding the vote. Jbid., p. 3.

96 PLEBISCITES

Chamber. The royal title was declared on March 17 to be “ Victor Emanuel,
King of Italy, by the Grace of God and the will of the nation.” !

The new kingdom was recognized hy Great Britain within a fortnight and
by France some three months later. The other Powers, though protesting
the lack of validity of a sovereignty based on universal suffrage, could do no
less than follow.? |

Venetia, 1866

Cavour died on June 6, 1861. By his statesmanship all of Italy had been
united save Rome and Venetia: in the further movement towards Italian
unity the policy he had made his own was undeviatingly followed.

The foreign aid necessary to gain Venetia came in 1866, when Bismarck,
in order to obtain Italy's support against Austria in the Schleswig-Holstein
matter, promised Venetia to the Italians.¿ On July 5, after the defeat of
Königgrätz, Austria, accepting Napoleon's mediation, ceded Venetia to him
with the understanding that it should be handed by him to Italy. Napoleon
then induced Prussia, without consulting Italy, to sign a separate armistice
with Austria. Italy was thus forced to sign one also, a bitter disappoint-
ment, for it meant that Garibaldi must evacuate the Trentino.

The treaty by which Austria ceded Venetia to France was signed on Au-
gust 24.4 It is said that Napoleon endeavored to insert a clause providing
for a plebiscite to carry out the tacit understanding as to the making over of
the kingdom to France, but that the Austrian Emperor again refused, as he
had done in the case of Lombardy. Ricasoli, now Prime Minister of Italy,
was bitterly opposed to accepting Venetia as a gift from France. Rather
than suffer such a humiliation he preferred to continue the war. He was
induced, however, to sign the armistice on the basis of uti possidetis, but in-
sisted that France agree to the stipulation that Venetia should come to Italy
without dishonorable conditions and after a plebiscite. This would enable
Italy to base her claim on the will of the people, and not on the generosity of
France. Napoleon, accordingly, promised to cede Venetia to Italy under
the reservation of the “consent of the people duly consulted,” a reservation

1 Archives diplomatiques, 1861, part 2, p. 100. Le assemblee del risorgimento, vol. 1, pp.
800-802.

2 On the assumption by Victor Emanuel of the title of “ King of Italy” in 1861, protests,
reserving their rights, were issued by the Duke of Modena on March 30 from Vienna, by the
Duchess Regent of Parma on April 10 from Switzerland, and by Francis II of the Two
Sicilies on May 6 from Rome. Archives diplomatiques, 1861, part 1.

8 The Trentino was refused as being comprised in the territory of the Germanic Confed-
eration. It is said, however, that Bismarck made answer that what could be stipulated
before war might become possible during or after it, and urgently suggested that the people
should demand a plebiscite. Le assemblee del risorgimento, vol. 2, p. 1, quoting from Genova
di Revel, La Cessione del Veneto, p. 5. Revel was the Italian commissioner in Venetia.

4 Documents, post, p. 679.

VENETIA, 1866 | 97

which the Austrian Emperor, inconsistently enough, allowed to be mentioned
in the preamble of the treaty of peace signed between Austria and Italy on
October 3.1

On October 19, General Lebœuf, representing Napoleon, formally deliv-
ered Venetia over to a commission representing the province. The delivery
occurred at eight o’clock in the morning and under conditions which point
to a desire on the part of the Emperor to prevent any public demonstration.
Lebœuf, after a statement of the devotion of Napoleon to the right of self-
determination, declared that Venetia was now mistress of her own destinies,
in order that the people should freely express their wishes on the subject of
the annexation of Venetia to the Kingdom of Italy.

According to understanding the vote was to be taken under the direction
of the Venetian municipal bodies without direction from the Italian govern-
ment. On the same day of the delivery, however, a royal decree was promul-
gated convoking the electoral assemblies and providing minute regulations
for the conduct of the vote.? This appeared to be a denial of the agreement
with France whereby the municipalities were to draw up their own regula-
tions and accordingly called forth a protest from Lebœuf. The French
were, however, satisfied by the explanation that the decree was unofficial
in character and was meant rather to serve as a model which the municipalities
might follow, than as a form imposed. The decree was, of course, followed
minutely. There was no further interference by the Italian government.
The administration of the vote was in the hands of the municipal officials who
were those elected in the previous May, while Venetia was still in Austrian
hands.® The provisions of the decree are similar to those of the previous
plebiscites.

The plebiscite was held on October 21 and 22 without event. There was
no doubt of the result. Out of the 647,315 voting, 69 voted “ no” and 371
votes were void. The result was such a foregone conclusion that the fact
that the province had been erected into a military department a few days
before the vote had no significance as affecting it.

The result was published by the Court of Appeal sitting in special session
in the Doges Palace,* and, on November 4, the votes were formally presented
to the King at Turin by delegates from the municipalities. He received the
delegates in state, accepted the votes, and by royal decree, “in view of the
result of the vote of the citizens,” incorporated the provinces of Venetia and
Mantua in the Kingdom of Italy.®

1 Documents, fost, p. 681.

2 Documents, post, p. 686.

8 Le Assemblee del risorgimento, vol. 2, p. li.

* Documents, post, p. 694.
5 Documents, post, p. 701.

98 | PLEBISCITES

Rome, 1870

Another four years went by before Rome could be added to the Italian
union. Guarded by French troops and protected by an agreement between
Napoleon and Italy, the Temporal Power was secure for the time being.
The opportunity came, however, with the Franco-Prussian war of 1870.

The French troops were withdrawn in July. On September 11 General
Cadorna in command of the Italian forces entered the papal territory with
sixty thousand men and advanced without opposition to the walls of Rome.
Here there was a show of resistance, the Pope wishing to appear to yield only
to force. A breach having been made in the walls, he ordered the resistance
to cease, and on September 20, Cadorna, followed by thousands of Roman
exiles, marched into the city.

Cadorna, on the day after his entrance, had issued a proclamation prom-
ising that the question of future sovereignty should be decided by a free
vote of the inhabitants of Rome and its provinces. The Italians, wishing to
give every appearance of freedom, had ordered that in each province and
commune giuntas should be erected, which should have charge of the admini-
stration of the plebiscite. These giuntas were to be convoked by the military
commanders placed over the provinces. The military officials were to merely
lend their influence toward the establishment and prestige of the giuntas and
to aid in giving them a common form.! There were in Rome three parties:
those loyal to the papal government; the republicans who were still mindful
of- their success under Mazzini and Garibaldi in 1848; and the party for
union with the Kingdom of Italy. Immediately on Cadorna's entrance the
republicans at once became active. On the next day a great assembly called
by the republican leaders met in the Coliseum and elected a giunta of forty-
two persons, which was superseded, however, by another and smaller one,
appointed on the same day by Cadorna. Practically all of the eighteen names
on Cadorna's giunta had been included in the forty-two selected by the republi-
cans but the republican leaders had been omitted.? In spite of its origin this
second giunta did not exhibit the quiescent obedience which was, perhaps,
expected, but protested against both the administrative officials and the word-
ing of the vote for the plebiscite which was sent from Florence. The formula
which had contained a guarantee of the independence of the Pope having been
changed to that used in the other plebiscites, the vote, by a decree of September
29, was fixed for October 2.

1 Raffaele Cadorna, La liberazione di Roma, p. 232.

2 Documents, post, pp. 705 and 706.

3 Dispatches of Mr. Jervoise to Earl Granville, Documents, p. 535. Florence was at that
time the capital of Italy.

ROME, 1870 99

The vote was to be by universal suffrage. The list of accredited voters
was to be furnished by the priests and by the presidencies oí Rome. The
further provisions of the decree are similar to those of the other plebiscites.
lt appears that the ballots were to be distributed before the voting, possibly
to obviate the criticism brought against the vote of Naples and Sicily.

The final registration was put in the hands of a special committee of
twelve which was to appoint sub-committees to preside at the registration
booths and there verify the claims of the registrants and furnish them with
certificates as electors. Rome was divided into sections for both registration
and vote. In the provinces the vote was taken in each communal headquar-
ters. |

There are two stories with reference to the vote of Rome. The Italian
version is that the vote was a spontaneous expression of national enthusiasm.
The Gazzetta uffictale of Florence for October 3rd gives dispatches contain-
- ing accounts of the vote in the different towns. The lame and sick, it re-
ported, were being carried to the voting places in Viterbo and Rome. The
tradesmen and craftsmen were marching with bands and flags to the polls.
In Labrica the polls opened at 9 o'clock. By 10 o'clock more than one-half
of the population had voted. In Terracina the National Guard and all the
city officials marched in a body in which the clergy were represented. The
order was perfect, the enthusiasm indescribable.! Cadorna, writing from
Rome on the day of the voting gives a description of the scene there. “It
is the day of the plebiscite,” he wrote. “It is an admirable spectacle. The
people, marching in bodies, have passed under the balcony with flags flying,
acclaiming the King of Italy the liberator of Rome, on their way to the
Campidoglio to deposit their votes in the urn. I have exerted not the least
pressure. It will be a solemn plebiscite.” ?

The papal story is, however, far different. According to this version the
support of the Italian cause was due to Italian money which was plentiful,
and to the presence of the troops, which the papal authorities accused of loot-
ing and violence. Appearance of wide support was given by the numbers
of returned émigrés and men from all parts, who had poured into Rome with
Cadorna. The Pope had issued an order prohibiting all Roman Catholics
from taking part in the election on the ground that participation would seem
to authorize the invaders to question the sovereign right of the Papacy.3 To

1 Gazzetta ufficiale del Regno d’Italia.

2 Letter of Cadorna. Le assemblee del risorgimento, vol. 6, p. Ixxxii.

3 Count de Beauffort Histoire de l'invasion des Etats pontificaux. Rev. James Mac-
Caffrey— History of the Catholic Church in the Nineteenth Century, vol. 1, 2d ed., p. 432.
A Guggenberger — A General History of the Christian Era, p 340. Donat Sampson — The

Last Ten Years of the Temporal Power — American Catholic Quarterly Review, vol. xxiv,
p. 170. As most of the Papal historians make this statement, it is doubtless accurate.

100 PLEBISCITES

balance the Catholic abstentions all absent Romans were summoned to return
and the Italian authorities had forced the railways to give free transportation
to any man presenting a certificate from a prefect attesting his status as a
native of Rome. Countless Italians, born in all parts of the peninsula seized
this opportunity for an excursion to the Eternal City, and only too easily se-
cured registration cards with which they swelled the affirmative vote." Con-
trary to the decree, those who had been under judicial sentence for crime were
also registered,? they assert, while those known to be against the union were
omitted.? Even camp-followers were allowed to vote and whole companies
of Italian soldiers,* as well as boys under age.” As electoral certificates
bore no designations as to district, and need not be surrendered on casting a
vote, with one such certificate a man might vote in as many districts as he
pleased, and many strangers availed themselves of the opportunity.£ To calm
the fears of the timorous that a vote for union would cause the Powers, and
especially Prussia, to look with disfavor on Italy, copies of a spurious letter -
purporting to be from the King of Prussia to the Pope in which the King re-
fused to aid in a protest against “ his brother the King of Italy,” were sold
by thousands on the day of the election. Further propaganda of a nature most
unfair to the papacy was carried on by means of posters which ridiculed the
papal rule and misrepresented its policy.” Bribery and falsification of the
returns is also charged. Had the plebiscite been honestly taken, however,
the church would still have held it invalid on the ground that the people had
no right to transfer their civil allegiance from the Pope.®

It had been intended not to attempt to take a vote in the Leonine City but
to leave it to the Pope. At the earnest desire of some of the inhabitants,
however, Cadorna assumed the responsibility of placing in a neighboring
district an electoral urn for the votes of the city.

The returns from the communes and the city of Rome were received by
the giunta, verified, and proclaimed from the Capitoline stairs. In the whole
They give no citations, however, and no trace of the document can be found in any of the
usual collections. By the decree Non Expedit, of February 29, 1868, Pius had already for-
bidden Catholics to participate in parliamentary elections under the Italian government.

1 Der Italienische Raubzug, p. 207. De Beaufort, p. 392. Guggenberger, p. 340. Donat
Sampson, op. cit, p. 170

2 Der Italienische Raubzug, p. 208.

® De Beauffort, p. 392.

4 Rev. Richard Brennan. Life of Pope Pius IX.

5 Guggenberger, p. 340.

6 De Beauffort, p. 392.

7 Letter of Cardinal Antonelli to the papal nuncios, November 8, 1870, Acta Sanctas
Sedts, 1870-71, vol. 6, p. 216. Cf. also sbid., Appendix V, p. 251.

8 The whole Papal side of the Roman Question was set forth in the Encyclical Letter of
November 1, 1870, entitled Respicientes ea omnia. Acta Sanctae Sedis, vol. 6, pp. 136-145.

The papal condemnation of transfer of allegiance had been repeatedly stated. Cf. espe-

MOLDAVIA AND WALLACHIA, 1857 101

territory, it was announced, there had been 135,291 votes cast in favor of
union and 1,507 against.! In Rome itself 68,466 had voted. Several of the
commentators assert that it was a physical impossibility for so many votes
to be cast in the time and with the facilities offered.?2 Owing to the papal
interdiction, not a single negative vote had been cast in the Leonine City.
The presentation to Victor Emanuel of this last and crowning act of union
was made with great ceremony on October 9. The King, surrounded by
the royal suite, the Ministry, both houses of parliament, and the high mili-
tary officials received the delegates from the Roman giunta, and ‘those from
each of the provinces. The King accepted the votes, declaring that they
completed Italian unity and reconsecrated the foundations of the national
pact,® and a royal decree, confirmed later by parliament, incorporated Rome in
the kingdom “ in view of the result of the plebiscite by which the citizens of
the Roman Provinces have declared for union with the Constitutional King-
dom of Victor Emanuel II and his successors.” |

MOLDAVIA AND WALLACHIA, 1857

The year 1856 marks not only the end of the Crimean War but also an
innovation in international diplomacy. For the first time in history an inter-
national congress of great Powers, which had met to settle the future of a
small, weak, and disunited people, postponed their action until they should
have ascertained the desire of the people themselves, and, as a further inno-
vation, they provided that this desire should be expressed by a vote taken
under the supervision of an international commission.

The two Danubian Principalities of Moldavia and Wallachia, which now
form the State of Rumania, although of the same racial texture, had from the
beginning maintained a separate existence from each other, and had developed
a separate history. In the Middle Ages the struggle for self-preservation

cially the Encyclical of December 8, 1864. As for universal suffrage, Pius IX, in 1873, char-
acterized it as “une plaie horrible qui afflige la société humaine . . . une plaie destructive de
l'ordre social et qui mériterait à juste titre d’être appelée le mensonge universel” Cf. “ Le
suffrage universel jugé par Pie IX,” in the Revue catholique des institutions et du droit,
1874, vol. 3, p. 66. The quotation is from a speech of Pius to the French pilgrims on May 5,
1873.

1 Documents, post, p. 715. The population of the Roman provinces in 1871 was 836,704,
of which number 267,467 were males over 21. It is stated by a Jesuit writer that four
months later a formal petition was signed by 27,161 Romans, born or legally domiciled, male,
of voting age, and enjoying civil rights, stating that they remained faithful to the over-
turned government. Charles van Duerm, Vicissitudes politiques du pouvoir temporel des
papes de 1790 à nos jours. p. 422. He cites La lettre du pape et l'Italie officielle, 64.

2 Cf. article by John Francis Maguire, Dublin Review, January, 1871, vol. 16 (new series),
p. 32. |

3 Documents, post, p. 720, note.

102 PLEBISCITES

against the attacks of Turks, Hungarians, Poles, and Tartars had proved too
great for the tiny Principalities. At last, in the 15th and 16th centuries,
each, although Christian, had sought peace through the protection of Turkish
suzerainty. In the Capitulations then entered on each had retained its auton-
omy, which included the right to make treaties with foreign Powers. The
constant turmoil and intrigue consequent on the political jealousy of the con-
tending claimants to the thrones of the Principalities soon furnished Turkey
with an excuse for substituting princes of her own choice as governors, and
the autonomy of the Principalities gradually became a name only.

The growth of Turkish power in the Principalities had awakened the alarm
of Russia, intent as she was on the destruction of the Ottoman Empire and
the control of the Bosphorus. To counteract the growth in Turkish influence,
she had put redoubled vigor into pushing her claim to the championship of ail
the Christians of the East, and with such success that the Russian protectorate
over the Principalities had been formally recognized by the Porte in a series
of conventions ending with the Treaty of Adrianople in 1829. Turkish
suzerainty, however, was still recognized by the payment of annual tribute
and the right of investiture of the hospodars.

The unity of the Rumanian race had been a favorite doctrine of the Mol-
davian historians of the 18th century, but the movement had assumed no
practical importance until the beginning of the 19th century, when the na-
‘ tionalist idea spread to the two Principalities from the Rumanians of Transyl-
vania, who were held under Magyar and Hapsburg domination. Perpetua-
tion of the separate existence of the Principalities had favored Turkish
encroachment and had therefore been a cardinal tenet of the Turkish rule.
Russia, willing to strengthen them against Turkey as well as hopeful of their
eventually accepting a Russian prince, had shown sympathy with the unionist
idea, and under the Russian protectorate the two Principalities had been given
a joint administration. By the Treaty of Adrianople, it had been agreed that
the internal constitution of the Principalities should be regulated by an or-
ganic act, to be drawn up according to the wishes of divans of the notables of
each territory. In the final act, drawn up under the tutelage of Russia, con-
firmed by the Turkish and Russian governments and promulgated in 1834,
were placed two articles expressing a desire for ultimate union! This Or-

1 ORGANIC Act, SECTION 5, ARTICLE 425.— L'origine, la religion, les usages et la con-
formité de langue des habitants dans les 2 Principautés, ainsi que le besoin mutuel,
contiennent, dès le principe, les éléments d'une union intime qui a été entravée et retardée
par des circonstances fortuites et secondaires. Les avantages et les conséquences salu-
taires résultant de la réunion de ces 2 peuples ne sauraient être révoqués en doute. Les
éléments de la fusion du peuple Moldo-Valaque sont déjà posés dans ce règlement par

l’uniformité des bases administratives des 2 pays. British and Foreign State Papers,
vol. 32, 1343-1844, p. 786.

MOLDAVIA AND WALLACHIA, 1857 103

ganic Act, although a conservative document perpetuating the feudal structure
of society, nevertheless paved the way for union by establishing the same laws
for the two Principalities and a further step was taken, when in the forties the
tariff duties between the two were suppressed. The revolutionary movement:
of 1848, although its primary object in Moldavia and Wallachia was the over-
throw of Russian influence rather than union,! nevertheless gave the unionist
cause a great impetus through the resulting banishment of the political leaders
who, in their exile in western Europe and particularly in Paris, came in touch
with the new spirit of nationality aflame among the liberals and, in their turn,
by painting the sufferings of the Rumanian people, supplied to the generous
spirit of those liberals an object for their sympathy. The most influential of
these disciples of the Rumanian patriots was Napoleon 111, whose devotion
to the principle of nationality was at once enlisted in the interest of this eastern
outpost of the Latin race.

Such was the situation in the Principalities when, in 1853, war broke out
between Russia and Turkey. In the next year Great Britain and France made
common cause with the Ottoman government and undertook the Crimean
expedition. From the beginning the paramount aim of the allies was the
abolition of the protectorate exercised by Russia over the three Principalities
of Wallachia, Moldavia, and Serbia, and the substitution of the collective
guarantee by all the Powers of the privileges of the Principalities, as well as
the freedom of navigation of the Danube, the limitation of the Russian fleet
on the Black Sea, and the cessation of the Russian pretensions over the other
Christian subjects of the Porte.

To these terms, embodied by Great Britain, France, and Austria in the
notes of Vienna of August 8, 1854, the Russian government acceded, but with
an interpretation so far from the intention of the allies as to necessitate a
conference. In preparation for the conference, and in order to obviate any
further misconceptions, the three Powers, on December 28, sent to Gortchakov,
the Russian Minister at Vienna, a memorandum explaining and amplifying the
meaning of the original note, and discussing separately the four points at
issue. Regarding the Principalities, the memorandum stipulated that the
Russian protectorate must cease and that the details of their future organiza-
tion which was to be guaranteed by the Powers, should be arranged later and
in such a manner as to give “ full and entire satisfaction to the rights of the
suzerain Power, to those of the Principalities, and to the general interests of
Europe.? |

It was obvious that the first question of organization to be settled was that

_ 3A clause of the draft constitution of 1848 of Moldavia, however, expressed such a
desire.
2 Documents, post, p. 727.

104 PLEBISCITES

of union. France made every effort to induce the conference to endorse it.
Not only was Napoleon 111 devoted to the principles of nationality and self-
determination, but the embarrassment which such a union would hold for
- Austria, by stimulating racial aspirations in Transylvania and Bukowina,
would also harmonize with French policy. The opposition, however, was a
strong one. To Turkey, union portended the eventual independence of the
Principalities from the suzerain Power. To Austria, it promised not only
another rising in Transylvania, but also meant the failure of her ambition to
gain economic control over the full extent of the Danube. The British Cabinet
supported Turkey and Austria. At the opening session the first point of the
preliminary memorandum was so developed, on the initiative of Austria, as
to leave the details of organization to the Porte, an arrangement which would
ensure the separation of the two countries.! For the same reason that Turkey,
Austria, and England opposed the union, however, Russia strongly favored
it and, as it was obvious that the hope of direct endorsement by the conference
was futile, the Russian plenipotentiaries chose an indirect but equally sure
method. At the second session, Gortchakov answered the Austrian proposal
by a counter proposition to the effect that the wishes of the two Principalities
should be directly consulted through representative divans, pointing out that
this procedure was the more suitable as the Organic Act of 1834, which would
necessarily be the subject of discussion, had been drawn up in similar fashion.*
At the same time de Titoff, the second Russian plenipotentiary, presented a
more formal proposal to the same effect, providing that the Porte should “ in
the first instance ” consult the wishes of the country before determining the
final provisions. In spite of the significance of the Russian proposal the
opposition accepted it, and de Titoff’s draft, with the omission of the words
“in the first instance,” was adopted by the conference with little debate® At
the sixth session the French plenipotentiary made a final effort to obtain a
direct endorsement of the union, but discussion was prevented by the opposi-
tion of the British delegates. The negotiations were wrecked on the remain-
ing point of the memorandum, namely, the guarantee of the integrity of the
Ottoman Empire and the limitation of the Russian Black Sea fleet. The con-
ference closed in June, and discussion was not reopened until, deprived of the
support of Austrian neutrality, owing to the addition of Sardinia to the allies
in 1855, Russia was forced, by the fall of Sebastopol, to capitulate.

1 Documents, post, p. 728.

2 Documents, post, p. 730.

® It is asserted by some historians that France desired union as a check to Russian
expansion and that Russia was really against union and supporting it only in order to
induce her enemies to defeat it. The action of the Russian delegates at Vienna would

seem to prove the opposite. For the draft of de Titoff and the final action of the confer-
ence, see Documents, post, pp. 728, 730.

MOLDAVIA AND WALLACHIA, 1857 105

The Congress of Paris met on February 25, 1856, for the purpose of regis-
tering the details of the peace already agreed on in principle in the Preliminary
Draft * signed by France, Austria, Great Britain, Russia and Turkey on
February 1. Walewski, French Minister of Foreign Affairs and the first
plenipotentiary for France, presided.? The only lively debates were those
regarding the frontier of Moldavia and its union with Wallachia. On the lat-
ter question the diplomatic alignment was identical with that of 1855, with the
exception that England now favored union. The preliminary draft, like the
memorandum adopted at Vienna in 1855, had provided that the internal or-
ganization of the Principalities should be in conformity with the needs and
wishes of the population? France made every effort to induce the Congress
to endorse the union outright. At once, on the opening of the debate,
Walewski pointed out that any question of organization necessarily involved
the question of union, so greatly desired by the inhabitants, and his argument
was heartily concurred in by Clarendon,* and by Brunnow.* It is an inter-
esting commentary on the prestige which the principle of popular consent had
acquired by 1856 to find that both Austria and Turkey, in opposing the union,
made similar appeal to the wish of the people of the Principalities, Turkey
insisting that the inhabitants did not at all desire the union, Austria pointing
out that the people had not been consulted and asserting that, if they were,
they would desire separation. In the face of the continued opposition of
Austria and Turkey direct action on the question of union was again aban-
doned.

The arguments of Austria, however, had pointed the way to a solution and
indirect action was again resorted to. In the treaty draft, drawn up by
Bourqueney, the second French plenipotentiary, and a committee composed of
Count Buol and Aali Pacha, it was provided that, in regard to organization, the
wishes of the populations should be ascertained on all questions of principle
not yet settled. For this purpose the committee recommended that divans
ad hoc should be summoned, at Jassy and at Bucharest, in such a manner as
to guarantee a true representation of the wishes of the country, and that a
European commission, composed of delegates of the Powers together with a
Turkish commissioner, should meet at Constantinople, should there revise the

1 Documents, post, p. 730.

2 The second French representative was Bourqueney. Great Britain was represented
by the Earl of Clarendon, Secretary of State for Foreign Affairs, and by Lord Cowley,
Austria by Count Buol-Schauenstein, Minister for Foreign Affairs, and Baron Húbner,
Russia by Count Orloff and Baron Brunnow, Sardinia by Cavour and the Marquis di
Villamarina and Turkey by Aali Pacha and Mehemmed Djemil Bey. The Prussian dele-
gation was headed by the Prussian Minister of Foreign Affairs, Manteuffel.

2 Documents, post, p. 733.

4 For the passages referred to see Extracts from the Protocols, Documents, post;
pp. 732, et seq.

106 PLEBISCITES

Organic Act, taking into consideration the wishes expressed by these divans,
and should communicate the final result to the European conference.

The report of the committee was received with favor by the Congress, with
the sole amendment that the commission should merely recommend to a future
conference of the Powers such details of revision in the Organic Act as it
should deem advisable, rather than that it should itself revise them. With
this change in the character of the proposed commission, the plan was adopted
by the Congress and incorporated in the Treaty of Paris,’ to which instrument
the signature of Prussia, as well as of the six original Powers, was affixed.

The Principalities had been under occupation by Austrian troops since
1854. An immediate vote, during the occupation, offered to Austria and
Turkey unlimited opportunity to swing the elections to their side. This was
defeated by France, however, who insisted on the principle that foreign occu-
pation was an insurmountable obstacle to the free expression of the wish of
the people and that, in consequence, the vote should not be taken until the
withdrawal of the Austrian forces. After a determined struggle Buol and
Aali Pacha surrendered the point and it was agreed that the policing of the
Principalities during the election should be in the hands of native troops.

The Bourqueney committee had also been entrusted with the drafting of a
set of instructions to the European Commission which had been established.
These instructions emphasized the consultative and absolutely non-partisan
character of the commission. The commissioners were to make an intensive
study of all questions concerning finance, the church, the military system; in
brief, of all questions of administration save only those which had been set-
tled by the treaty, namely, the inviolability of Turkish suzerainty and the
cessation of the Russian protectorate. The subject of union was not spe-
cifically mentioned. It was, however, sufficiently obvious that it would at
once become the paramount question. According to the instructions the com-
mission was to repair first to Constantinople, there to ascertain that the firman
of convocation, which was to fix the electoral qualifications and the rules of
procedure, had been issued by the Porte. From there they were to go to
Bucharest, in order to put themselves in touch with the Divans, arriving there
at the moment when the Austrian troops had been withdrawn. After the
Divans had assembled, the presiding officers were to be invited to transmit the
desires of these assemblies to the commission, which was empowered to ask of
the Divans any additional information as to their wishes. At the termination
of the sessions, the commission was to draw up a report, with such dissenting
reports as should be necessary.?

The appointments to the European commission were Sir Henry Bulwer for

1 Documents, post, p. 741.
2 Documents, post, p. 746,

MOLDAVIA AND WALLACHIA, 1857 107

England, Talleyrand for France, and one delegate each from the Austrian,
Prussian, Russian, Turkish and Sardinian governments. Owing to difficulties
in the execution of several points in the treaty regarding the new limits of
Moldavia and an island at the mouth of the Danube, the Austrian occupation,
which was to have ceased six months after the signing of peace, was prolonged
to a year. The Commissioners were forced to remain in inactivity at Con-
stantinople for some months until the evacuation should be completed, which
was not accomplished until March 30, 1857. After more time, spent in visit-
ing Jassy and in waiting for the arrival of the delayed members of the com-
mission, they finally held their first session at Bucharest on May 18, 1857.!

The firman convoking the Divans, which, by stipulation of the Congress,
was to fix the rules of procedure of these assemblies, had already been drawn
up by the Porte in conference with the ambassadors of the six Powers at Con-
stantinople. As universal suffrage was unknown in the Principalities and was
contrary also to the political principles of all the Powers except France, the
Congress had stipulated in the instructions that there should be “an accurate
representation of all classes of society.” A careful consideration had there-
fore to be given to the several classes in the territories.

The population of the Principalities in 1857 was about five million, Wal-
lachia having by far the larger number of inhabitants. Their political and
economic condition was still mediaeval. The Organic Act of 1834, although
reaffirming the rights and privileges of the Principalities as a whole, had been
far from a liberal instrument as regards internal matters. Among other
abuses it had perpetuated the feudal privileges of the boyars and had left
political power wholly in the hands of the great and lesser nobles and the
clergy. Between these nobles and their peasant serís there was, in the coun-
try, no intermediate class. In the towns there were the trades-people, Ru-
manian, Hungarian, Serb and Bulgar, who were organized in guilds. Com-
merce was almost wholly under the control of Greeks, Armenians and Jews,
who, thanks to Austrian protection, enjoyed advantages over their native
competitors. Of the clergy there were two classes, the higher, composed of
Greek monks, and the lower of ignorant peasants. The drawing up of the
firman occasioned lengthy debate over the proper balancing of the several
classes and the effort to strengthen the position of the native merchants. The
final provisions represent primarily the labor and skill of Thouvenel.? The

1 It appears from an article of April 17, 1857, in L’Étoile du Danube that the gov-
ernments of the Principalities offered to pay all the household expenses of the commis-
sioners, an offer refused by the English and Russian members, and accepted only in part
by the French. The Turkish commissioner took full advantage of it. Acte si documente
relative la istoria renascerei Romaniei, Vol. 4, p. 76.

2 Thouvenel wrote on January 8, 1857, “ Rédiger une loi électorale pour un pays qui
nous était inconnu, ce n'était pas chose facile, mais je crois très sincérement que nous

108 PLEBISCITES

provision that debate in the Divans should be carried on separately by the
delegates from each class sitting in Committee, was, however, a suggestion of
the Porte which finally prevailed, although it was feared that the prestige of
the Divans would be considerably diminished by each class reporting direct to
the commission. The Porte had wished to add to the firman a program for
discussion which should exclude all question of union, saying, at Austria's
suggestion, that union would be an infraction not only of Turkish suzerainty,
but also of the rights of the Principalities, as these included the right of
separation. Such a program of discussion Thouvenel objected to, and its
absence is due to his express protest.?

By the firman the number of deputies to the Wallachian Divan was fixed at
112, the Moldavian at 84. In each Principality the election of deputies was
to be by five classes, the deputies thus elected to sit in five committees, each
committee to consider separately the questions of paramount importance to its
class. The first class of electors was composed of the clergy. The superiors
of convents and regular priests living in the capital of the diocese were to
choose two deputies, while the lower clergy were to choose their delegates by
indirect election, and the Metropolitan and the bishops of the country were to
be members of the Divan ex officio. The second class was that of the great
boyars and sons of boyars, of thirty years of age or over, owning cultivated
land in excess of one hundred faltches,? or the equivalent in pogones? and
free from mortgage. These were to meet in the capital of each district and
to-elect from their number two deputies owning three hundred faltches (or
the equivalent in pogones). All proprietors of amounts of land from ten
to ninety-nine faltches or their equivalent were to form the third class.
These were to choose from among themselves five electors from each prefec-
ture to meet in the capital of the district and there elect one deputy to the
Divan. The fourth class, that of the peasant serfs of the rural communes,
who had never before been represented, were to elect their deputies, one for
each district, by means of two intermediary colleges. The fifth and last class
was that of the inhabitants of the cities. These were divided into four groups,
householders owning property of a certain value,‘ professional men, licensed
nous sommes tirés de ce problème le moins mal possible. Ayant seul travaillé à fond
la question, je craignais un peu d'effaroucher les autres. J'ai eu, au contraire, à me
louer de tout le monde. Grâce à Dieu, me voilà délivré de cet ingrat travail, et si les
Valaques ne se jettent pas dans les bras des Moldaves, ce ne sera pas ma faute!” L. Thou-
venel, Trois années de la question d'orient, d’après les papiers inédits de M. Édouard
Antoine Thouvenel, p. 66.

1 Thouvenel to Walewski, Pera (Constantinople), January 4, 1857. Acte si documente,
Vol. 3, pp. 1016-1023.

2A Moldavian measurement, the equivalent of 14,320 square meters.

3 A Wallachian measurement, about 4,990 square meters.
420,000 piastres in the capital, 8,000 in the other cities. The Turkish piastre was

MOLDAVIA AND WALLACHIA, 1857 109

merchants, and the provosts and delegates of the diverse guilds. These voted
by indirect ballot for the delegates allotted to their city or town. In Wal-
lachia the three largest cities had two deputies, the smaller towns one each.!
Thirty days were to be allowed for protests and complaints after the posting
of the electoral lists, which were to be drawn up by the prefects. Protests
were to be passed on by a committee composed of the prefect, the judges of
the districts, and the municipal officials of the chief city. Any intervention
of the authorities in the election was forbidden and no official was allowed to
run for election without resigning office. It was further provided that the
elections were not to be held until the arrival of the European Commission
at Bucharest.

According to the testimony of the French consuls at Jassy and Bucharest,
the firman, although drawn up by outsiders, gave great satisfaction to all
classes in the principalities. The only expressions of dissatisfaction came
from some of the great boyars, who resented the humiliation of inclusion with
the lesser proprietors and wished a much larger number of delegates, a plea
in which Béclard, the French consul at Bucharest, felt no interest, both on
account of its lack of reason, and because if there were any opponents of
union they would be among the great nobles.?

Although any specific mention of the question of union as one of those to
be settled had been omitted from the Treaty of Paris and from the instruc-
tions to the commissioners, it had been well recognized that the subject could
not be avoided in the elections. The matter was, indeed, brought up in the
British House of Lords on February 7, soon after the firman was issued, by
a question as to whether the matter of union was to be settled by the Divans or
by the Powers To this Clarendon replied that the firman put no bar on
discussions of the question of union or of any other question arising from the
Treaty of Paris, and was so far in faithful compliance with the intentions of
the Congress of Paris which had declared, with the acquiescence of the Turk-
worth a little more than 20 centimes. The piastre of each principality had slightly dif-
ferent values. Thouvenel, p. 68, note.

1 Documents, post, p. 749. The composition of the Wallachian Divan was as follows:
of the 112 deputies, four, namely, the Metropolitan and the three bishops, were members
ex officio, the higher clergy had six representatives, the large landed proprietors thirty-
four, the smaller seventeen, the cities twenty-two, the rural communes seventeen. In the
Moldavian Divan the eighty-four deputies were to be seven members of the higher
clergy, twenty-eight representatives of the large proprietors, fourteen of the smaller
ones, eighteen representatives of the cities, and fourteen of the rural communes. The
Metropolitan of Jassy and the two bishops were members ex officio. Frédéric Damé,
Histoire de la Roumanie, p. 102.

2 Thouvenel, p. 72. Béclard wrote that the ninety-five great boyars of Wallachia
wanted twenty deputies out of the thirty-four allotted to the class as a whole, which

numbered about 2,700.
s Hansard (3d series), vol. 144, p. 331. The question was put by Lord Lyndhurst.

110 PLEBISCITES

ish plenipotentiary, that the people of the Principalities should be free to dis-
cuss any subject connected with the form of government to be adopted so long
as Turkish suzerainty was not questioned. Further discussion by Parliament,
Clarendon added, must be delayed until the Divans had been consulted, the
report of the commission had been received, and the conference had met to
consider it, for such had been the understanding of the Congress of Paris.

Already during the discussions on the firman of convocation a lively cam-
paign had been carried on in the Principalities. No sooner was the firman
promulgated than the self-constituted “ Electoral Committee ” in Jassy, the
chief city of Moldavia, issued a manifesto outlining its program, with union
as the first article of its platform, and autonomy, a foreign prince, and a con-
stitution the remaining ones.! In each district of Moldavia similar committees
of union ? were formed, which at once set about selecting their candidates for
the Divan. With the leaders of the unionist party, Victor Place, the French
consul at Jassy, was in close touch. Arriving in Jassy at the time when the
struggle for union was first opening he had used all his influence in its favor,
gaining the adherence of the Metropolitan and inducing the Hospodar to
place unionist officials over each district with the purpose of arousing union
sentiment.°

The Congress of Paris, in its anxiety fully to recogmize the suzerain rights
of the Sultan, had unwarily, and in spite of the efforts of Clarendon, left it
absolutely to the Porte to take such measures as should be suitable to insure a
free vote. As the legal term of office of the hospodars was on the point of
expiring, the Sultan chose to replace them by “ caimacams ” or regents, to
whom he entrusted the formation of provisional governments. These men
were carefully selected to promote Turkish interests. Over Wallachia he
placed Prince Alexander Ghika, and over Moldavia, Balsche. Both of these
were inacceptable to France, and Balsche particularly so, for he represented
the influence of Austria. As an adverse vote from one Principality would
be sufficient for their purpose, Turkey and Austria determined to concentrate
every effort on Moldavia, where, although the patriotic movement was older
and stronger than in Wallachia, there was the hope that success might attend
a propaganda which should emphasize the fact that, as the smaller and less
populous province, Moldavia would be forced into an inferior position, and
that its chief citv, Jassy, would lose its rank as a capital. Austria had already
used the opportunities afforded by her military occupation to stimulate this
rivalry. Hoping to gain an adverse vote in Moldavia by making use of this

1 Documents, post, p. 757.

2 These organizations originally called themselves “clubs” but changed their name to

“committees” as a result of criticism. _
8 Alexandre Xénopol, Histoire des Roumains, vol. 2, p. 557.

MOLDAVIA AND WALLACHIA, 1857 111

argument and of various means of manipulation, it was arranged that the vote
there should precede that of Wallachia, and thereby exercise an unfavorable
influence on the unionist sentiment of the latter. To further discourage the
unionists of both countries, word was spread that France had abandoned their
cause, an assertion promptly denied by an article in the Moniteur of Feb-
ruary 5.

Under the direction of Balsche the partisans of union were persecuted in
innumerable ways. Accusations were trumped up and the courts packed
against them, and in all questions pertaining to labor, taxes, debts and the like,
the prefects, who were the arbiters, gave adverse judgment.’ Balsche died
suddenly, soon after the publication of the firman. His successor, Vogorides,
like Balsche the choice of Austria as well as of Turkey, in spite of his formal
oath to do nothing to interfere with the free vote of the people, at once set
about carrying out his predecessor's policy of pressure.? New arguments
against union were also advanced. The French Consul, Place, kept his chief
fully informed of the repressive acts of the Caimacam, and received in reply
repeated admonitions to bend every effort towards a free expression of Mol-
davian opinion, an end desirable in itself, but especially so as a means of modi-
fying the opposition of Great Britain.

The firman, drawn up at a distance, naturally contained numerous details
admitting of doubt in interpretation. Hardly had the European Commission
constituted itself at Bucharest before it had received from Prince Ghika, .
Caimacam of Wallachia, questions which, he said, must be answered before the

- electoral lists could be published. This was the cause of fresh difficulties.

The commissioners asserted that the authors of the firman should be the only
ones to interpret it. The question of which body should shoulder the task
soon assumed the proportions of a European diplomatic conflict. To add to
the complication, Vogorides had on the other hand no such hesitation but was
proceeding to publish at once the Moldavian election lists which had been
carefully revised to omit the partisans of union. This increased the tension
among the Powers, those against union wishing to leave a free hand to
Vogorides, who had prepared everything for an election corresponding to
their wishes.

The methods of Vogorides had been manifold and crude. Leaders of the

1 Thouvenel, pp. 79-80.

2 Vogorides was appointed Caimacam on March 7. Like Balsche he was not a native
of the Principalities. Place reported to Thouvenel that Vogorides, who had been Minister
of Finances under Balsche, had asked the support of France in his candidacy for the
office of caimacam, saying that he was at heart a unionist. Thouvenel, p. 85.

3 Thouvenel to Walewski, March 2, 1857, Acte si documente, vol. 3, p. 1172; Walewski
to Place, March 19, 1857, ibid., vol. 4, p. 75. There are many other dispatches to the
same effect.

112 PLEBISCITES

unionists had been arrested and imprisoned,* officials who could not be de-
pended on to work against union were deposed, judges were removed from
office? To strengthen his adherents, many promotions were made in the
army and in the boyar class, an act expressly forbidden by the Organic Act.
The public press was censored and some papers suspended.’ The unionist
committees were forbidden to meet and all public discussion was prohibited.
These measures being apparently insufficient in the face of the popular will
for union, the government officials had next turned their attention to the elec-
toral lists. These were to have been published in each locality as soon as the
prefect had drawn them up. The method adopted was to order that they
should not be made public at once but that they should be sent by the prefects
to Jassy, where they were carefully inspected and corrected to meet the gov-
ernment's views. The prefects were instructed to aid the government in this
work and care was taken in the election of prefects to insure the failure of
any unionist candidate. The complete absence of statistics, of authentic meas-
urements of the quantities of land, of certificates of birth and of nationality,
and, above all, the provision in the firman that the holdings must be free of
mortgage, made it easy for the government to reject in great numbers the
demands for registration. Appeal lay, according to the firman, with a com-
mittee composed of the prefect, two judges of the court, and two delegates of
the municipal council. Although the latter were more independent, they were
in the minority, as against the government commissioners. The appeals were
for the most part returned unread.* From the figures given it appears that
exclusion was practiced wholesale. Of the 2,000 large proprietors of Mol-
davia the lists contained the names of only 350. Of the 20,000 or more
small proprietors only 2,264 were included. Among the municipal electors
only eleven members of the liberal professions were entered. The complete
lists comprised 4,658 electors of the higher classes in place of the 40,000 which
should have been entered. Great boast was made of the 167,222 peasants
registered, but in view of the manner in which they were to vote this amounted
to nothing.®

1 Dispatch of Place, April 3, Acte si documente, vol 4, p. 222. Cf. also Clément
Després, La question des principautés danubiennes, p. 123, and Xénopol, vol. 2, pp. 564, et seg.

2 Protest of Constantin Stourdza, April 22, Acte si documente, vol. 4, p. 387. Stourdza
also complained that he had been prevented from making a legal entry of the limits of
his land on the ground that he was doing it in order to secure the right to vote for union.

8 The chief unionist paper, L’Etoile du Danube, was published in Brussels. Austria
came to the aid of Vogorides by prohibiting its carriage across her territory. The
organ of the Moldavian government, the Gaseta Moldoves, opposed union energetically
and freely. Xénopol, vol. 2, p. 563.

4 Xénopol, vol. 2, pp. 567-8.

5 Xénopol, vol. 2, p. 569. In a protest addressed to the European Commission on

June 20, signed by thousands of Moldavian patriots, it is charged regarding the clerical
deputies that Vogorides had so arranged it that one electoral college, which had to elect

MOLDAVIA AND WALLACHIA, 1857 113

In spite of assertions to the contrary by the Turkish Vizier, it is proven by
numerous letters that Vogorides was merely carrying out the orders received
from the Porte and that, in the large, if not in detail, his actions had the
approval of Great Britain and the highest praise from Austria.! The appoint-
ment of the Vizier himself had been at the instance of Lord Stratford de
Redcliffe and Baron Prokesch von Osten, the Ministers of Great Britain and
Austria, at Constantinople, and in their hands he was but a passive instru-
ment. France, however, supported by Russia, Sardinia, and Prussia, was
determined on a fight to the finish on the Moldavian elections. The unionists
of the Principalities were equally determined. At each act of the govern-
ment a cry of indignation went up, protests were at once sent to the French
consul at Jassy, and to the members of the European Commission at Bucha-
rest. In the end the ministers of the Powers friendly to the union offered
such conclusive evidence that Vogorides was acting in a spirit directly con-
trary to the Treaty of Paris, that their colleagues of Great Britain and
Austria were forced to meet in conference to advise as to the most suitable
means of recalling the Caimacam of Moldavia to the execution of the firman.
At this conference, held on May 30, 1857, it was agreed that the commission
at Bucharest should interpret the firman in concert with the Caimacam of
Wallachia, and that this interpretation should be sent to Vogorides, “ in order

two deputies, had only two electors; that any mortgage on land disqualified the owner,
even though the land was worth the mortgage many times over; that members of the
liberal professions were excluded illegally; that there were only 310 electors allowed for
Jassy, out of 80,000 inhabitants, whereas there were 500 on the list for Houschi, which had
only 8,000 inhabitants; that Galatz was forced to give up one of its two deputies and the
vote was given to Fokshani, a town with a smaller number of inhabitants; and that some
elections among peasants were held before the lists were published, by means of ballots
on which the names of deputies were left blank. Documents, post, p. 802. For a summary
of the different protests and petitions, Cf. Documents, post, pp. 781, 782. In Acte si docu-
mente, renascerei Romaniei there are” printed many more protests not given here.

1 Cf. letter of Baron Prokesh-Osten to Vogorides, April 18, Acte si documente, vol. 4,
p. 358. “J'ai suivi avec un vif intérêt et avec une satisfaction toujours croissante l'acti-
vité que votre Altesse n'a cessé de déployer dans un sens qui a dt lui mériter la recon-
naissance et les éloges de la Sublime Porte, et je me suis félicité dans la méme mesure,
de la part que j'ai éu le bonheur de prendre au choix de sa personne pour le poste
qu'elle remplit si dignement.” Cf. also the confidential letter of A. Vogorides, Secretary
to the Turkish Embassy in London to his brother, the Caimacam, on April 14, 1857, the
French translation of which is as follows: ... “Lord Palmerston est tout-à-fait contraire
à l'union, il la considère comme subversive des droits et de la suprématie de notre Sou-
erain, et, par conséquent, des instructions analogues seront envoyés aujourd'hui à Sir
Henri Bulwer ... Ainsi que je vous l’ai dit précédemment, il y a grande nécessité que
vous employiez à temps tous vos efforts pour que les Moldaves n’expriment point de
veux pour l’union et pour que vous vous rendiez ainsi digne de la bienveillance de la
S. Porte et de l’appui de l’Angleterre et de l’Autriche. Puisque les trois Puissances sont
décideés á empécher de toutes leur forces l’union, il ne faut guére vous inquiéter de ce
que veulent ou menacent de faire les Francais dont les journaux vous traitent de Grec

. .” Acte si documente, vol. 4, pp. 328-9.

114 PLEBISCITES

that the firman should be followed as accurately as possible except in cases of
conditions peculiar to Moldavia.” ! But Vogorides had already published
the Moldavian electoral lists, with all the objectionable features which had
raised such opposition. France and the three other Powers thereupon de-
manded a delay of fifteen days in order that the lists might be revised accord-
ing to the interpretation, and to this the Vizier, whose complicity was by now
uncovered, had agreed, and the Council of Ministers had so decided when the
ambassadors of Great Britain and Austria, using their influence over Rechid
Pacha, induced the Grand Vizier to withdraw his promise on the ground that
no such action could be taken without the unanimous consent of all the Powers.
At the same time Redcliffe and Prokesch announced that they accepted any
responsibility which might fall on the Porte, and the Caimacam of Moldavia
proceeded with the elections.

The elections in Moldavia were held on July 19. In spite of the careful
preparation the majority of the electors chosen by the government so resented
the manipulation of the lists that, as a protest, they abstained from voting.
Of the 205 electors of the religious orders only 16 voted. Of the 465 large
proprietors chosen by the government, only 214 voted. At Jassy, where only
40 of the 700 great proprietors were registered, only 17 voted; at Bacau 17
out of 57; at Soutchava, 17 out of 35. The delegates of the lower classes
were nominated in large part by the government and the formal minutes were
drawn up without consulting the electors.? Even in the polling places the
abuses were continued, a group of electors at Jassy complaining that a self-
appointed committee took possession of the ballots and wrote on it the name
of the anti-unionist candidate while anyone who objected to this proceeding
was ejected.3

What with these methods and with the abstention of such unionists as were
registered, it is not surprising that the returns were against union, but the
losing side refused to tolerate such a parody of a vote. France insisted that
the elections be annulled.* Hoping to placate France, Rechid Pasha was sacri-
ficed and a new ministry instituted. France, however, not content with a
mere change of ministry, repeated her demand. Russia, Sardinia, and Prussia
joined France in an ultimatum. The Porte, which was still under the influ-
ence of Redcliffe and Prokesch, answering evasively, France broke oft diplo-
matic relations with Turkey, on August 5, and Prussia, Sardinia, and Russia
followed on the next day. ©

1 Annuaire des deux mondes, vol. 7, 1856-57, p. 702. The text of this decision was
not made public. The portion here given in quotations is translated from instructions
given by Thouvenel to one of the French agents.

2 Annuaire, vol. 7, 1856-57, p. 708. Xénopol, vol. 2, p. 572.

3 Cf. protest quoted in Annuaire des deux mondes, vol. 7, 1856-57, p. 707.
4 For extracts from the diplomatic exchanges, see Documents.

MOLDAVIA AND WALLACHIA, 1857 115

The situation was one of great gravity and another European war seemed
possible. Neither France nor England, however, desired war, and Napoleon
seized the occasion of a visit to the Queen at Osborne, on August 6, to effect
a compromise. In return for his promise to refrain from insisting on an abso-
lute union of the two Principalities, Great Britain gave consent to the annul-
ment of the Moldavian elections.! With the defection of England, Turkey
and Austria were forced to capitulate. New electoral lists were ordered in
Moldavia, the elections were held once more, and diplomatic relations were
restored. The crisis through which the Porte had passed having been suffi-
ciently serious to make the avoidance of another more desirable than the defeat
of union, Vogorides’ first care in the second elections was to be as fair and
impartial as possible.?

The drama which had been played on the international stage had been re-
peated sn petto in the sessions of the European Commission, where the dele-
gates of France, Russia and Sardinia had been pitted against those of Great
Britain, Austria and Turkey in the struggle over the Moldavian elections.
As each question of procedure was brought up in the Commission the debate
over the ruling reflected this partisan division, the pro-unionist group of dele-
gates making a determined effort to force the Commission to be a supervisory
body and the other group seeking to limit its powers in such a way that no
response could be made to petitions and no word of censure could be passed.
There were protracted debates over the actions of Vogorides; the representa-
tives of the Powers which were for union insisting that it was beneath the
dignity of the Commission to treat with a divan which had been thus elected,
while the British Commissioner, Bulwer, on the other hand, urged, in a
lengthy defense, that the charges against Vogorides should be treated with
patience and skepticism.?

The second Moldavian elections were held on September 10, and those in
Wallachia on September 26. In both Principalities the victory for union was
complete. The Moldavian Divan opened on October 4, and that of Wallachia
on October 11. In Moldavia the Divan, after the usual formalities and a
motion of gratitude to the Powers signatory to the Treaty of Paris, at once
proceeded to formulate the general principles on which all reorganization
must rest. These were a guarantee of the autonomy of the Principalities :
union under one government; a foreign prince, to be chosen from one of the
reigning families of Europe; and a single representative assembly for the two

1 Cf. Debidour, Histoire diplomatique de lEurope, vol. 2, p. 173. Debidour explains
the concession on the part of England by the Sepoy Rebellion (May-July, 1857) which
made it imperative to placate Russia, which was at Khiva, and France, which was in
Hindustan. Cf. also, Damé, p. 104.

2 Xénopol, vol. 2, pp. 574-5.

8 For the significant passages of the debates see Documents, post, pp. 760 et seg.

116 PLEBISCITES

Principalities. This platform was introduced in an eloquent address and
seconded amidst the greatest enthusiasm. The only two members who were
against union at once offered a counter motion. Although this had only two
signatures and the rules of the assembly did not permit the reading of any
motion unless it were supported by at least five members, the Divan, not wish-
ing to cut off the adversaries of union, allowed the motion to be read. After
a short discussion the vote was taken and of the eighty-three deputies voting,
eighty-one were for union. The method of voting was open; each deputy in
turn advanced to the desk, stated his vote in a loud voice and signed his name
to three identical ballots of which two, of parchment, were deposited by the
archbishop in the State archives, while the third was appended to the minute
of the deliberations.

Having registered the vote for union, the Moldavian Divan then conformed
with the firman by forming in committees of classes and there discussing the
further details of the proposed reorganization. The Wallachian Divan was,
however, far less subservient, perhaps because of the presence of a large num-
ber of returned exiles of 1848.1 It utterly refused to separate into class com-
mittees and, after adopting, with only two dissenting votes, a platform similar
to that of Moldavia, with union and a foreign prince the chief planks, it issued
the pronouncement that further discussion of details would be inconvenient
and impossible until the decision of the Powers on these points should be made
known. In this attitude it persisted in spite of repeated requests from the
European Commission to state its views on details of organization,” and on
December 26 it accordingly adjourned until the following February.

Foreseeing that if no official manipulation were allowed the verdict for
union was inevitable, Turkey had anticipated the votes of the Divans by a
formal communication to her representatives abroad, stating that quasi-
revolutionary clubs had been organized in Wallachia and Moldavia which
had intimidated the inhabitants, and that therefore, before the vote for union,
she considered it to be her duty to declare frankly that, whatever the desire
expressed by the Divans as to union, the Porte, relying on the provision of
the Treaty of Paris, to the effect that the final arrangements should be deter-
mined entirely by agreement between the Porte and the other Powers, felt
absolutely obliged to maintain its former decision against union. To this

1 These had returned, with the consent of the Porte, in time for the elections. It is
probable that this permission was at the instance of Great Britain where the matter had
been made the subject of a question in Parliament on March 18.

2 The determination of the Wallachian Divan was strengthened by the certainty that
there would be many differences of opinion on other questions, and that dissension might
weaken the force of the vote for union in the eyes of the Powers. Xénopol, vol. 2, pp.
576-7. This decision was borne out by the experience of the Moldavian Divan, where

the several classes held far different views on many questions, and on some reached no
conclusions.

MOLDAVIA AND WALLACHIA, 1857 117

protest Russia and Prussia replied that they would postpone their answer until
they had heard the votes of the Divans and until the conference had met at
Paris, and added that the character of the Divans was above reproach. After
another protest the Porte ceased from further objections until the opening of
the conference of ambassadors at Paris.!

In the sessions of the European Commission at Bucharest, there had been
some criticisms by Austria and Turkey of the legality of the second elections
in Moldavia; little interest had, however, been excited, even Sir Henry Bulwer
refusing to protest them, on the ground that one need not expect the millennium
in such a backward region. The Russian Commissioner, anxious as he was to
credit the votes for union, had been outraged at the prominence of the patriots
of 1848 in the Wallachian assembly, at the refusal of the delegates to separate
into classes, and at the institution of stenographic reports of debates, which
were made public before copies could reach the commission. His protests,
also, were without result.

The Moldavian Divan had dissolved itself on January 2, 1858. Before the
date for the Wallachian Divan to reassemble, both bodies were formally dis-
solved by a firman of the Porte. It now remained for the European Com-
mission to draw up its report to the Powers regarding the desires of the
people's representatives. This had become a matter of great difficulty. The
Divans had made union their first demand, but France, their chief supporter
among the Powers, had pledged herself against it at Osborne, even before the
votes were passed, and the several commissioners had received explicit orders
from their governments not to discuss the question of union or of a foreign
prince. On these points, therefore, the commission contented itself with
simply transmitting the votes of the Divans, without recommendation.? The
other problems of organization were exhaustively discussed in the report which
was transmitted direct to the conference at Paris, without being made public.

Whatever the agreement made between Napoleon and the Queen at Osborne,
the British liberals were still hopeful of changing British policy in favor of
acquiescence in the vote of the Principalities. A week before the conference
of ambassadors was to meet at Paris, the question of the union was again
brought up in Parliament, this time by Gladstone, who, supported by Lord
John Russell, introduced a resolution calling on the House of Commons to
reaffirm the policy regarding the Principalities which had been pursued by the
Government in 1856, and to express the wish, in general terms, that due
weight and consideration should be given to the wishes which their people
had expressed through their representatives, elected in conformity with the

1 Annuaire, vol. 8 (1857-58), pp. 6834.

2 See extracts from Reports on the Reorganization of the Principalities, Documents,
post, p. 833.

118 PLEBISCITES

Treaty of Paris." He held that the elections were conclusive in the fact that
a great proportion of those qualified had voted, and with a unanimity remark-
able in a vote taken by classes between which there existed questions of a most
painful and difficult nature, offering every chance to foment dissension. To
consult the people and then to refer the question of union to the commission-
ers he characterized as a proceeding not only foolish, but dangerous. It was,
he said, using his favorite simile, “ like lighting a fire and stopping up the
chimney,” and he declared that he for one would be no party to trifling with
the reasonable expectations of five millions of men, and concluded with the
wise forecast that if the conference at Paris should decree against union the
Principalities would thereby be pushed into the arms of Russia which was
supporting it. The Government, in answer, attempted to interpret the vote
of the Divans as one for union only in case a foreign prince should be accorded
them. To this Lord Robert Cecil answered that in the preamble to the reso-
lutions of the Divans it was clearly stated that the most important wish was
for union, which showed the foreign prince to be a subsidiary desire. In
spite of these efforts of Gladstone, Russell and Cecil, the government's policy
remained unchanged.

The conference for the reorganization of the Principalities met at Paris
on May 22, 1858. France was represented by Count Walewski, England by
Lord Cowley, Russia by Count Kissilef, Prussia by Count von Hatzfeld,
Sardinia by the Marquis of Villamarina, and Turkey by Fuad Pacha, Minister
of Foreign Affairs of the Sultan. There was no attempt to question the
authenticity of the votes of the divans. The plenipotentiaries of Russia,
France, Prussia, and Sardinia all asserted their confidence in their validity,
and Cowley agreed that there was no doubt but that the people had shown
themselves for union. France made an initial effort to secure endorsement
both for the union and for a foreign prince, but in the face of the continued
opposition of England, Napoleon, his hands tied by the Osborne compromise,
was forced to yield. The French plenipotentiary at the third session intro-
duced a draft containing a qualified union and the draft was made the basis
of the convention signed on August 19. The structure thus reared by the
facile hand of diplomacy was a strange mixture of union and separation.
The Principalities were, to be sure, henceforth to be called “ united ” but the

1... “The union is the wish of almost the entire population of the Principalities.
That is a fact which bears greatly upon this question . . . although it is not conclusive on
the question, yet I speak in the British House of Commons —1 speak in that assembly
to which, 1 will not say alone, but to which almost alone, every lover of liberty in the
world has now to look for the vindication of his rights —and I implore the House of
Commons to do full justice to the wishes. to the rights and interests of these peoples, if

those interests be compatible with justice and the welfare of Europe.” See Hansard,
(3d series) 1858, vol. 150, pp. 46-80, for the speeches of Gladstone and Russell.

MOLDAVIA AND WALLACHIA, 1857 119

words “of Moldavia and Wallachia ” were to be added, in order to deprive
the new denomination of significance. Each was to have a separate hospodar,
a native of either Principality, who was to be elected for life, and each was
to have a separate assembly. There was, on the other hand, to be a central
commission and a high court of justice set up for the two Principalities for
matters of common interest and the new organization was put under their
safeguard. The militia bodies, too, were to have a common organization,
and might be united for manceuvres, yet they were to have separate flags.!
New assemblies were to be elected, each to vote for the new hospodar, and for
this an electoral law was drawn up by the Powers.? Although vastly simpler
and more liberal than the firman of 1857, this law perpetuated the voting by
classes and the combination of a direot and indirect vote.

While the Convention of August 19 did not fulfill the hopes of the Ru-
manian patriots, it was nevertheless a long step towards union. Ingenuity
soon contrived the next. The Convention had provided that citizens of either
Moldavia or Wallachia should be eligible to the office of hospodar in either
Principality. Explicit in all else, the Convention had not provided for any
action in case the two assemblies should elect the same hospodar. This they
at once proceeded to do, although, mindful of the other provisions of the
Convention, they surrendered their desire for a foreign prince and elected a
native.

For the new elections the Conference at Paris had insisted that Vogorides

_ and Ghika be removed and replaced in each Principality by three members of

the Ministry in power before 1857, but the turbulent relations and autocratic
acts of these restored officials gave little evidence of their conception of the
national situation. In the Moldavian assembly there were two rival candi-
dates for the office of hospodar, and into the ensuing bitter struggle the
Turkish government entered with the hope of regaining by indirect methods
what it had lost through the Convention of August 19. Fearing that dissen-
sion would give aid and comfort to Turkey and Austria, the French and Rus-
sian consuls urged the rival factions to unite on a new candidate. When the
name of Alexander Couza, who, as prefect of Galatz, had refused to carry
out Vogorides’ orders for the first Moldavian election, was at last adopted
by the national party, the partisans of the two other candidates gave way,
and Couza was unanimously elected on January 9, 1859.3

The Wallachian assembly had been delayed by the struggle over the electoral

1 When united for manœuvres the two flags might each have a border of the same
color. | .

2 The text may be found in Annuaire, vol. 8, 1857-58, p. 931.

3 There were 49 delegates. Xénopol, vol. 2, pp. 580 et seq., gives a detailed account
of the election.

120 PLEBISCITES

law, which the consuls had finally been forced to settle. When the assembly
met there was a three-cornered division between the partisans of two former
hospodars and the party of union. A deadlock seemed certain when the
newly named agent for Moldavia stopped at Bucharest on his way to Con-
stantinople and advised that Wallachia also elect Couza, saying that he was the
candidate supported by France, and that this was the indirect method chosen
by Napoleon to impose the union on Europe.* This hint, together with the
appearance of a crowd of townspeople to support it, brought forth from one
of the members an eloquent appeal for harmony and for a vote for Couza
as another vote for union, and Couza was unanimously elected. The op-
ponents of the union, startled by the new turn of events, wanted the election
annulled, but the enthusiasm of the country showed clearly that the vote,
if annulled, would be repeated. The only alternative, that of intervention
by some one of the Powers, was unaeceptable to the others. Faced with the
dilemma, Great Britain acknowledged the fast accomph. Austria was too
much engaged with affairs in Italy to oppose it. The Sultan attempted to
defeat the union by refusing investiture, but was finally prevailed upon by
the five Powers, in conference at Constantinople, to give his consent. Forced
to submit, he gave Couza two firmans of investiture, one for each Princi-
pality, with the reservation that the union should be only during his occupation
of the office and that thereafter the Convention of August 19 should be re-
stored.? In 1861 a further step towards union was effected with the grant-
ing of the privilege of a common assembly and ministry, again with the reser-
vation that it should be temporary. These reservations were allowed to stand
but were not endorsed by the Powers, who expressly reserved their decision
until the question should again arise.

Couza did not have a peaceful reign. In his zeal for economic and political
reform he contrived by successive measures and dictatorial methods to alienate
the clergy, the nobles, and the peasantry. In February, 1866, he was forced
to abdicate and the government at once issued a proclamation calling on the
assembly already in session to elect a foreign prince. As the Porte had recog-
mzed a single hospodar for the Principalities only for the reign of Couza, and
as the other Powers had reserved the right to consider the question when it
should arise, the matter was again open and once more the Powers were
summoned in conference at Paris to settle the question of the union of the
two territories. It was obvious that the Rumanians were now determined

1 Damé, p. 112, and Sturdza, La terre et la race roumaines, pp. 505-7. Xénopol makes
no mention of Moldavian or French influence in the election, and credits it purely to the
Wallachian assembly.

2 Cf. Martens, N. R. G., vol. 17, pt. 2, p. 82, for the protocols of the conference at

Constantinople, and pp. 87-91 for the answer of the Foreign Offices of France, Russia,
‘ Great Britain, Prussia, and Italy, to the reservation of the Porte.

MOLDAVIA AND WALLACHIA, 1857 121

to have not only union but a foreign prince. In this latter desire they had
always had but one strong supporter, France. Russia was now so alarmed
by the prospect that she withdrew her support of the union. In discussing
union the matter was once more placed on the basis of the popular will. Aus-
tria and Russia, citing the recent upheaval regarding Couza as a proof of
popular discontent with the existing order, now asserted that the desire of
the people, especially in Moldavia, was for separation and, to ascertain this
desire, they urged that the matter be again put to vote, under secure guaran-
tees of liberty and independence.! France and Sardinia opposed a vote on
the ground that the vote of 1857 had been decisive. Cowley stated that the
British government had no preconceived opinion either for or against union,
and left it wholly to the people, “ on whom she had never had the intention
of imposing a state of affairs repugnant to them.” The majority of the Pow-
ers favoring another vote, the French plenipotentiary proposed that to obviate
delay it should be given by the joint assembly already gathered at Bucharest.
Russia argued that greater freedom would be assured if the Moldavian depu-
ties should vote at Jassy. Russia, however, advocated a wholly fresh appeal
to the people, and was supported in this by Prussia and by Great Britain,
Cowley saying that he could not understand why there should be any hesita-
tion in consulting the populations. The method of taking the vote, whether
by one or two assemblies, and by new elections or not, was finally referred to
the home governments. Without waiting for the decision of the Powers,
however, the Provisional Government of the Principalities settled the question
by dissolving the assembly already in session and convoking a new one, and
by holding a plebiscite which elected the Count of Flanders.2 This action
brought forth bitter denunciation from the conference. The consuls in the
Principalities were notified by telegraph to inform the Provisional Govern-
ment that a foreign prince was impossible, that as to union if the Moldavian
delegates to the new assembly requested it, they should be allowed to vote
separately on the matter, and that, if their vote should be adverse, the union
would be dissolved. The consuls were to exercise a joint supervision over the
vote.

Judging the diplomatic situation to be inauspicious, the Count of Flanders
had refused his election, but the Provisional Government had not exhausted
its resources. On May 17, the President read to the Conference another
dispatch from the government at Bucharest announcing a second plebiscite
by which Prince Charles Louis of Hohenzollern Sigmaringen had been elected,
by 685,969 votes to 224. The Rumanian agents at London and Paris had

1 The protocols of this Conference may be found in Martens, N. R. G., vol. 18, pp.

166 et seq.
2 Universal manhood suffrage had been one of the reforms instituted by Couza.

122 PLEBISCITES

already ascertained that Prince Charles would be acceptable to both Great
Britain and France.* Needless to say he had also the support of Prussia.
Although none of this support was voiced in the Conference, Austria and
Turkey, perceiving further opposition to the union to be useless, accepted it,
and, after a long and futile discussion, yielded also on the question of the
foreign prince. On October 23, 1866, Prince Charles 1 was invested as
hereditary prince over the United Principalities of Wallachia and Moldavia,
which henceforth assumed for themselves the name of Rumania, although the
name did not receive diplomatic recognition until the Principalities had gained
their independence after the Russo-Turkish war in 1877, and 1t was not
until May 22, 1881, that the coronation of Charles as King of Rumania took
place at Bucharest.

Tue IoNIAN ISLANDS, 1863

The year 1863 was marked by an event unique in the annals of European
diplomacy. À great empire, coveting maritime and commercial supremacy
in the East, voluntarily relinquished a most commanding position, held there
bv undisputed right of treaty, and ceded to another nation what was thought
to be one of the strongest fortresses in the world; ? and the cession is still
more noteworthy for the fact that it was made under the stipulation that the
people themselves should, through their elected assembly, sanction the act.
However accurately the cynical may attribute this act to complex diplomatic
causes, it remains the highwater mark of the liberal era of Great Britain’s
foreign policy.

Before the British Protectorate, which was instituted in the general re-
arrangement of Europe in 1815, the seven Ionian Islands, Corfu, Cephalonia,
Ithaca, Santa Maura (Leucas), Zante, Cerigo and Paxo, scattered along the
coast of Greece from Epirus to the extreme south of the Morea, had known
many masters. For four centuries they had been under the harsh dominion
of the Venetian Republic, when, in 1797, the overflowing current of the French
Revolution caught up the Islands and carried them rapidly through kaleido-
scopic changes of sovereignty; first the Directory, by the Treaty of Campo-
Formio in 1797 ; then a joint Russo-Turkish protectorate, under whose loosen-
ing grasp the Islands managed to obtain recognition as the Septinsular
Republic, in the Treaty of Amiens in 1802; then, by the Treaty of Tilsit in
1809, back to Napoleon, under whom they remained for the brief period
before they were seized by the British during the operations of the war and

1 Sturdza, Charles I, roi de Roumanie, vol. 1, p. 46.

2 George William Hamilton Fitzmaurice, Viscount Kirkwall (sixth Earl of Orkney),

Four Years in the Ionian Islands — Kirkwall, writing in 1864, says that Corfu is still un-
rivalled as the strongest and most valuable of eastern fortresses — vol. 1, p. 48.

THE IONIAN ISLANDS, 1863 123

put under a British administration.* Their fate for the next fifty years was
at last settled by the Treaty of Paris, signed on November 5, 1815.

By the Treáty of Paris, Great Britain, Russia, Austria, and Prussia again
recognized the Islands as a republic under the name of the “ United States
of the Ionian Islands,” and declared them to be a single, free, and independent
State. In order to keep them out of more dubious hands, however, and to
remove them from the international chess table, they were placed under the
immediate and exclusive protection of Great Britain. The “ mandatory,”
anticipating from the charge a thankless burden, gave reluctant acceptance,
so the historians say;? yet the strategic position of the Islands must needs
have been of the first importance to a World Power, and the right to occupy
forts and territories was expressly given by Article 5. Nor was the inde-
pendence of the Islands so apparent at the end of the treaty as at the begin-
ning, for the power of the new State to regulate its internal organization was
to be “ with the approval of the protecting Power” 3 which was “ to dedicate
its particular solicitude to the legislation and general administration of the
State,” and to appoint a resident Lord High Commissioner invested with
authority sufficient for the purpose. To this Lord High Commissioner were
given practically unlimited powers regarding the convocation and direction
of the assembly, and the Constitution of 1817, by the simple device of enabling
the government to nominate the delegates to the Assembly and depriving the
Assembly of power over supplies or ministers, enabled the Lord High Com-
missioner to do whatever he pleased.*

With such a despotic system, established by an alien ruler,.it is surprising
that, in spite of the resurgence of Greek nationalism on the mainland in 1821
and the success of the Greek War of Independence which culminated in the
acknowledgment of the independence of the Greek kingdom in 1832, there
should have been, until 1840, only a small party in the Islands actively against
the British protectorate, and scarcely any movement to join in the new Greek
kingdom. This was probably due not only to the unpopularity of Otto, the
Bavarian king of Greece, but to the economic conditions in the Islands, which
emphasized the lack of racial solidarity; for, although the lower classes were
overwhelmingly Greek in race and language, the aristocracy, especially in
Corfu, was largely Italian, and appears to have cared more for the perpetua-
tion of its control over the peasantry, so recently serfs, than for self-govern-
ment. Moreover, the protecting Power, by its appointment of vast numbers

1 Corfu did not surrender until 1814.

2 Cf. Dispatch of Earl Russell to the British Representatives. Documents, post, p. 844,
for an explanation of the choice of Great Britain as protector.

8 Article 3. State Papers, vol. 3, pp. 250 et seg.

4 Cf. John Morley, Life of William Ewart Gladstone, vol. 1, p. 598.

124 PLEBISCITES

of native officials as well as by its conservative constitution, had tied the aris-
tocracy to its interests. The smouldering hatred of the Protectorate, how-
ever, always strong with the peasantry and the small tradesmen, was at last
linked with the new spirit of nationalism kindled by the Greek revolution of
1843, and when, in 1844, there arose in the Islands a party with union with
Greece as its platform, it rapidly swept all before it.

Alarmed at the growth of this party, as well as at the spread of the revolu-
tionary fever of 1848, the Lord High Commissioner, left free by the custom
of the Foreign Office to institute his own policy, attempted to forestall unrest
in the Islands by granting freedom of the press and a more liberal constitu-
tion. The size of the Assembly was increased and the election of its members
was made free from government:control; the ballot was restored and the
electorate trebled, and eventually quadrupled, by reducing the requisite quali-
fications. But, while the press and parliament were thus liberated, the execu-
tive power was fixed more firmly than ever in the hands of the Lord High
Commissioner.! The Assembly was still unable to stop supplies or eject min-
isters. Its only means of protest was to vote against the introduction of any
government measure whatsoever, and this, with the passing of resolutions for
the union with Greece, became the principal occupation of the Ionian Assem-
bly.?

The electoral reforms of 1849 seem to have completely destroyed the gov-
ernment's control over the Assembly, by placing the new Assembly in the
hands of the Unionists. The several complaints against the Protectorate now
all became vocal. It had been a cause of irritation that, in spite of early
pledges, Italian and not Greek had been retained as the official language, and
that even now, when Greek had gained official status, not one of the “ Resi-
dents ” sent out from England to rule the several islands could speak a word
of it. Taxation was neither uniform nor wise The Assembly, deprived
of all constitutional means by which to express their many grudges, adopted
the “ insolent practice ” of admitting a priest to purify the assembly hall after
the departure of the Lord High Commissioner. With such an inauspicious
beginning, it is not surprising to find the succeeding Commissioners frequently
proroguing the body to stop its “ treasonable ” motions. More than that,
in spite of the alleged freedom of the press, they imprisoned some of the

1 Kirkwall, vol. 1, p. 175.

2 This attempt to combine repression and constitutional reform again incurred Glad-
stone's satirical metaphor of lighting the fire and stopping up the chimney, which he had
applied to British policy in the Principalities. Morley, vol. 1, p. 598, imputes the author-
ship of the simile to Charles Buller.

8 Kirkwall, vol. 2, p. 296. Viscount Kirkwall had been a member of the staff of Sir
Henry Ward, Seventh Lord High Commissioner. He remained in the islands until after
the vote for union with Greece.

THE IONIAN ISLANDS, 1863 125

editors of the Island newspapers, which were all unionist, thus increasing dis-
content. The faults of the system, unworkable enough at best, were clearly
shown in an agrarian rising in Cephalonia, when the atrocities on both sides
called forth from England’s enemies taunts as to the English charges against
Bourbon rule in Naples.!

Liberal thought in England, with its admirable and unrivalled ability to
see the mote in its own eye as well as the beam in the eye of another, had long
before this become alive to the injustice of the arrangement, if not to the
national aspirations of the Ionians. It now demanded a cessation of the
scandal and a special mission was dispatched to the Islands in 1859. The
mission was headed by Gladstone, “ whose renown as a Homeric scholar ”
would “ justly commend him to the sympathies of an Hellenic race.” ?

On November 24, 1858, Gladstone arrived at Corfu. His coming had
created a sensation in the Islands and had greatly excited the hopes of the
Unionists. Although, soon after landing, he took care to inform the island-
ers that he had not come to effect any change in the terms of the Treaty of
Paris, nevertheless, the people were convinced that he had come to aid the
union, and everywhere on his pilgrimage through the Islands he was met with
the cries of “ Union with Greece ” and “ Down with the Protectorate.” Yet,
as the Ionian gentlemen, noted for their politeness, and the officials, alarmed
at such contretemps, disowned these proceedings, he seems to have believed
that the cries represented only a small minority.2 He proceeded to state ex-
plicitly that there was no thought of union, and, at his request, the shouting
ceased, but the feeling remained. It had, indeed, gained added intensity from
a dispatch of the resident Lord High Commissioner, Sir John Young, in which
he had recommended that Corfu and Paxo, with the consent of their inhab-
itants (which he declared to be probable), should be constituted British col-
onies. This had been stolen from the Foreign Office and made public a short
time before Gladstone's arrival. It was in fact the opinion of the British
officials in the Islands that the only alternative to making Corfu a British
colony was a cession of the Islands to Greece.* Gladstone was determined
against either alternative, yet he clearly perceived many faults in the existing
system. He found that the British severities in Cephalonia, the contempt
frequently shown for the religion of the people, and the lack of understand-
ing shown by the British press, which called the Ionians brigands, pirates and

1 It was the opinion in southern Europe that British rule in the islands was on a level
with Austrian rule at Venice and the rule of the Cardinals in the Pontifical States.
Morley, vol. 1, p. 616.

2 From the dispatch of the Colonial Minister, November Ist, 1858. Kirkwall, vol. 1,
p. 216.

8 Ibid., pp. 221-2.

4 Ibid., p. 229.

126 PLEBISCITES

barbarians, as well as the lack of tact on the part of the Lord High Commis-
sioner, had greatly embittered the inhabitants.! He saw that the existing
system was bad for both parties, yet, considering that union would be dis-
advantageous for the lonians themselves, he hoped that the Protectorate
could be maintained, and that the desire for union could be cured by a grant
of reforms.

On January 18, Gladstone was made resident Lord High Commissioner of
the lonian Islands, which he accepted as a temporary post. On the day on
which he assumed office the Assembly met in extraordinary session to hear
the proposed reforms. To his message announcing his appointment and its
object, the Assembly returned no answer save a veiled attack on the govern-
ment which culminated two days later in a vote proclaiming that “ the sole
and unanimous will (®&Ayoıs)? of the Ionian people has been and is, the union
of the Seven Islands with Greece.” A committee of eleven was appointed
“to submit to the Chamber its opinion on the ulterior measures suitable to the
proclamation of the union this day adopted by the Assembly.” # On the fol-
lowing day Mr. Gladstone sent a message to the Chamber pointing out the
unconstitutional nature of its proceedings and advising that the committee
of eleven should rather be employed to draw up a petition to the Queen, in
accordance with the Constitution. After some opposition by the radical lead-
ers, this advice was adopted by a great majority, all save a few radicals join-
ing in it. The enemies of union hoped that in this way the question would
be closed. ‘The petition was adopted on January 30 and telegraphed to Eng-
land by Mr. Gladstone on the following day.® At the same time he sent in
his resignation.

The suggestion of relinquishing the strategic fortress of Corfu excited
warm opposition in Great Britain. As Lytton had impressed on Gladstone,
neither the British public nor its Parliament likes any policy that “ gives any-
thing up,” * nor is their attitude unique. On February 2 the Colonial Min-
ister telegraphed the Queen's reply, which was a most unequivocal negative.”

The question of union being disposed of, Mr. Gladstone now introduced his
bill of reforms, but nationality, not liberty, was the consuming passion of
the Ionians and no other boon would suffice. Nor was the upper class in
sympathy with the reforms, preferring that the Protectorate should retain its
power. The Assembly, fearing that any other action on its part would

1 Cf. Morley, vol. 1, p. 603.

2 Gladstone sent back to the Foreign Office a scholarly discussion of whether this word
meant “will” or “wish,” a meticulous attention to detail which, in view of the evident
intent of the voters, has caused some hilarity among the commentators.

3 Documents, post, p. 838.

t Morley, vol. 1, p. 615.

5 Documents, post, p. 841.

THE IONIAN ISLANDS, 1863 127

weaken the effect of its vote for union, declared with only one dissenting vote
that the reforms were inadmissible. On February 19, Mr. Gladstone departed,
still devoted to the cause of reform in the British administration of the
islands, but as little bitten by his experience here as in Italy with any en-
thusiasm for national aspirations.

On the day before Gladstone's departure the committee of eleven had re-
ported that the Queen's reply did not close the question of union. With this
situation the new Commissioner, Sir Henry Storks, had to deal, which he did
by declaring the Assembly prorogued.

The Italian war had created throughout Europe an agitation regarding na-
tionality. To this the Ionians were acutely alive, and were not slow to point
out the significance of the doctrine that each people is the only true judge
of who should rule them, which had been expressed, in the Italian case, by
Lord John Russell, now British Foreign Secretary.! The Assembly of 1861,
encouraged by Italian success to follow Italian tactics, adopted two resolutions
drawn up by the radical leaders of the Unionists; the one addressed to “ the
People, Governments, and Philanthropists of Christian Europe,” attacking the
despotic nature of the Government; the other proposing that the matter be left
to a vote of the people by universal suffrage? The Commissioner warned the
Assembly that any discussion of these documents would be unconstitutional,
and on its determination to proceed, prorogued it for six months.

In spite of the position now occupied by Great Britain in the Islands, the
British Cabinet still persisted in opposing any change in the Treaty of Paris.
On April 22, 1861, the Colonial Minister declared in the House of Lords that
the Government was determined to maintain the Protectorate and on May 7,
Gladstone, now Chancellor of the Exchequer, denounced the cession as noth-
ing less than a crime against the safety of Europe3 When the twelfth Ionian
Parliament opened on March 1, 1862, and in its animosity against the Govern-
ment drew up a protest accusing it of various breaches of the Treaty of
Paris, it, too, was prorogued. Matters had come to a patent deadlock. A
new factor was introduced, however, in the summer of 1862, by the expulsion
of King Otto from the throne of Greece. The filling of the vacant throne
was an absorbing question for the three Powers, Great Britain, France, and
Russia, who were guarantors of the kingdom by the treaty of 1832. On the
deposition of King Otto the revolutionary government had offered the throne
to a cousin of the Czar, who refused. The mass of the people, however, were

1 Signor Dandolo, a leading Ionian, had in fact published a letter to Russell calling
on him to carry out in the Islands the policy he had outlined in his famous dispatch to
Hudson at Turin, dated October 27, 1860.

2 Documents, post, pp. 841 et seg.
3 Kirkwall, vol. 1, p. 267.

128 | PLEBISCITES

determined to have Prince Alfred of England and the crown was offered to
him in October. By an agreement established between the three Powers it
had been settled that no member of their reigning families might occupy the
Greek throne, and upon the deposition of King Otto, England had at once
proposed to the other Powers that this principle be reaffirmed. The other
Cabinets, so long as there appeared to be a chance of the choice falling on a
prince of their respective nationalities, were eager to uphold the right of the
people to make their own choice. When, however, they saw that the choice
was likely to fall on Prince Alfred of England, the Powers agreed to the
British proposal and signed a convention to that effect on December 4, 1862.1

The Greeks refused to accept Prince Alfred’s refusal and proceeded to
elect him by a plebiscite. Before his election,? however, the British Cabinet,
whether anxious to carve a way out of a position untenable in the face of
the continued opposition of the islanders, or eager to strengthen the Greek
kingdom as a counter balance to the growing Slav power, had, on December
8, 1862, adopted a resolution to surrender the Protectorate® This resolution
which, in view of the event, presumably contained the provision that it should
be subject to the vote of the Ionian Assembly, was forwarded to the Provi-
sional Government with the stipulations that if a suitable person were chosen
as king, if the constitutional form of government were preserved, and if all
attempt at aggression against Turkey were abandoned, the Ionian Islands
would be ceded to Greece.*

The choice of Prince Alfred being out of the question, Prince George of
Denmark, whom the British desired as a substitute, was elected by the Greek
Assembly on March 3, 1863, and in the treaty of July 13 between Great Brit-
ain, France, Russia, and Denmark establishing the Danish prince as king of
Greece Great Britain pledged herself to add the Ionian Islands to the realm
of the new King “ when such union shall have been found to be in accord-
ance with the wishes of the Ionian Parliament and shall have obtained the
assent of the Courts of Austria, France, Prussia, and Russia.” By a con-

1 Cambridge Modern History, vol. 11, p. 641.

2 The plebiscite was held apparently in the second week of December. The result of
the election was published at Athens on December 22 (N. S.). The Times (London), De-
cember 25, 1862.

3 Morley, vol. 1, p. 620, note, “Dec. 8, 1862.— Cabinet Resolution to surrender the
Jonian protectorate. Only Lord W(estbury) opposing.” The Cambridge Modern History,
vol. 11, p. 641, attributes the British cession to gratitude for the choice of an English
prince. According to a dispatch of Drouyn de Lhuys, of November 17, 1863, the cession
was made a condition by Denmark of the acceptance of Prince George of the throne of
Greece, and France had encouraged the plan. France, Affaires étrangères: Documents
diplomatiques, 1864. Annexion des îles ioniennes à la Grèce, p. 75.

4 Cambridge Modern History, op. cit. and loc. cit.

5 Documents, post, p. 848, Article 4.

THE IONIAN ISLANDS, 1863 129

vention of August 1, these Courts, which had been signatories to the Treaty
of Paris, agreed that when they should obtain certain knowledge of the
assent of the Assembly, they were ready to come to an agreement with Great
Britain with regard to the final terms of the treaty.! By this convention the
consultation of the representatives of the Islands was reserved to the British
Government. |

In accordance with these international agreements the Lord High Com-
missioner convoked a new Ionian Parliament to vote on the question of union
with Greece. The electoral qualifications for the new parliament were those
of the electoral law of 18492 By this it had been provided that the electors
must be citizens, either native or naturalized, Christians, of 21 years of age,
and literate. Further than this, the electors must own property, or if not,
must fulfill other requirements of education, or of business or official stand-
ing. Those voting on a property qualification must own property worth
three thousand dollars, if domiciled in a town, or of one thousand eight hun-
dred dollars, if in the country. These amounts applied to the larger islands
of Corfu, Cephalonia and Zante. In the smaller island of Santa Maura the
requirement was one thousand five hundred dollars in towns and seven hun-
dred and fifty dollars in the rural parts; in Ithaca, Cerigo, and Paxo the
requirement was less. Sons living in their father’s households and owning
sufficient property might vote, as well as brothers living together, if together
they should possess the requisite amount of property. If the elector claimed
a vote on the basis of education, he must hold a degree or certificate in science
obtained in the Ionian or foreign universities, or be a practicing advocate or
attorney, or a physician, surgeon, or apothecary, or a professor or tutor in
science, literature, or the fine arts, or a master in the Ionian College or in a
secondary school. The vote was also given to officials in the public employ-
ment who were in receipt of a salary or life pension equivalent to the prop-
erty qualification, and also to retail merchants if the returns on their capital
were equivalent to the value of the property qualifications. The master or
owner of a ship and the head of any manufacturing establishment might also
vote. The usual proviso was added excluding all those who had been de-
clared guilty of offences, other than political, unless their civil rights had been
restored. The population of the islands was in 1862 a little under two hun-
dred and fifty thousand; these qualifications yielded thirteen thousand four
hundred and nineteen qualified electors® To be eligible for parliament the
candidate must be over thirty, and own property of twice the value of that
of an elector, or possess other qualifications corresponding to those for an

1 Documents, post, p. 850.

2 Parliamentary Papers, Colonies, 1850, vol. 36 [1276], p. 72.
8 Kirkwall, vol. 1, p. 174.

130 PLEBISCITES

elector. The number of delegates allotted to Corfu, Cephalonia, and Zante,
was ten each. Santa Maura was given six, and Ithaca, Cerigo and Paxo, two
each, making forty-two in all.

The vote was held in the chief town of each district. The polls were open
from seven A. M. to five P. M. on two successive days. At a public meeting
some days previous to the election the candidates were nominated and the
election officials elected. Voting at the election was by secret ballot. The
method followed was novel; a ballot box with two compartments was pro-
vided for each candidate's name, one compartment, painted white, to receive
the affirmative vote, one green, to receive the negative. The count was to be
made by local native officials who for the most part were elective.

It appears that British opinion had failed to credit with sincerity the votes
of the former delegates for union, arguing from the well-known lonian love
of office that in view of the fact that union would surely mean a reduction in
the number of offices, the deputies were voting for it only while it was un-
attainable, and as a means of earning their constituents’ support. The Brit-
ish officials had also firmly believed that the landed class would, if it came
to a vote, prefer the sure protection of Great Britain with its conservative
franchise to the doubtful protection of the weak Greek kingdom which had
universal suffrage. This false impression had been aided by several peti-
tions which had been presented, begging for incorporation as a British Crown
colony. However widespread these views may have been among the British
officials, and they were certainly held by the Commissioner, Sir Henry Storks,
and by Gladstone,’ they proved to be unfounded. There was scarcely a dis-
senting voice in the vote for union.

The Parliament opened on October 1, 1863. On the 3rd, it was addressed
by the Commissioner, who stated that they had been convoked to inform him
whether or not 1t was the desire of the people by whom they had been chosen
that the Protectorate of Her British Majesty should cease and that the Ionian
States should form henceforth a part of the Kingdom of Greece. In the
same address he enumerated the conditions stipulated by the British Govern-
ment, the important one being that of an obligation to make an annual pay-
ment of £10,000 to the Civil List of the Greek King. Should the vote be
in favor of the union, he continued, the Queen would then invite the Powers
which were parties to the treaty of 1815 to revise that treaty, in conjunction
with France, which had been a party to the treaties respecting Greece, to make
“such arrangements as should tend to the future welfare of the Islands and
the permanent interests of Europe.? On October 5 the Parliament, with

1 Kirkwall, vol. 1, pp. 233, 284.
2 Documents, post, p. 852.

THE IONIAN ISLANDS, 1863 131

only three dissenting votes,! proceeded to vote a formal decree of union with
the kingdom of Greece? Regarding the conditions laid down by the Com-
missioner, the Assembly reserved to itself the right to declare its decisions,
as soon as it should have been informed concerning the matters vaguely re-
ferred to by the Commissioner as “‘ arrangements for the welfare of the States
and the interests of Europe.” As for the guarantee of an annual payment of
£10,000 to the King’s civil list, the Assembly made no answer whatever. The
_ temper of the deputies was opposed to considering it as a compulsory meas-
ure. No action having been taken, the Commissioner, on the 13th, again
called their attention to the subject, to which the Assembly answered with a
request to modify the conditions? The Assembly was finally forbidden to
discuss the matter further and on October 21 it was prorogued, never to
reassemble.‘

The “arrangements for the welfare of the States and the interests of
Europe ” proved to be as displeasing to the islanders as was the guarantee of
the civil list. The Powers had come to a secret understanding, on the de-
mand of Great Britain, Austria and Turkey, that the cession should be accom-
panied by the razing of the fortifications of Corfu and the neutralization of
the islands.5 These conditions had not been mentioned by the Commissioner
and when they were published in the British press they raised a fury of pro-
test in the Islands, but, as in the case of the civil list, they were insisted on by
the Powers.

The wish of the Ionian Assembly having been duly expressed on the ques-
tion of union, and the British government having made the vote known to
the guaranteeing Powers, the plenipotentiaries of Austria, France, Great
Britain, Prussia and Russia met at London to take the next step. On Novem-
ber 14 they signed a treaty to the effect that, the condition of the vote laid
down in the Convention of August 1 having been fulfilled, the Powers signa-
tory to the treaty of 1815 now formally accorded their assent to the renuncia-
tion of the Protectorate by Britain, and to the union of the Islands with the
Hellenic kingdom. The obnoxious clauses of neutrality and the razing of

1 Kirkwall, vol. 1, p. 284. On p. 262 of vol. 2, Kirkwall says that the vote was
unanimous.

2 Documents, post, p. 853.

3 There were three dissenting from this vote on the ground that all the conditions of
union might be confided to the generosity of Great Britain. Possibly this accounts for
the inconsistency in Kirkwall noted above. |

«The treaty of March 29, 1864, recites in Article 5 that the Assembly on October 7/19,
1863, voted that the annual payment be made.— Kirkwall characterizes the demand as
indefensible, as there was no reason to assign the King a special revenue from the Islands.
It was later abandoned.

5 France, Affaires étrangères: Documents diplomatiques, 1864, p. 75. Kirkwall says
that the condition was insisted on by Austria against the wish of Great Britain.

132 PLEBISCITES

the fortress were included in the treaty. On March 29, 1864, a final treaty
between Great Britain, France, Russia, and Greece, again referring to the
vote of the Assembly as the condition which had been stipulated and fulfilled,
legalized the cession and the termination of the British Protectorate was
finally proclaimed by the Lord High Commissioner on May 28, 1864.

THE ScHLESWIG QUESTION, 1848—

The most widely known instance of a treaty clause providing for a plebis-
cite concerning a question of sovereignty is that of Article 5 of the treaty
signed at Prague in 1866, whereby Austria and Prussia agreed as to the dis-
position of the Danish duchies. However, the suggestion of a plebiscite in
Northern Schleswig does not begin with the Treaty of Prague, but dates
from the struggle in the duchies between the German and Danish nationalist
movements of 1848.

The fortunes of the two feudal duchies of Schleswig and Holstein had for
many years been identified with those of the Kingdom of Denmark, although
their union with the kingdom was purely a personal one under the Danish
King, who had inherited the titles of Duke of Holstein and Duke of Schles-
wig. In spite of this ancient union, and of the fact that the two duchies
had been for centuries closely allied or dynastically united with each other,
they were of different racial texture. Holstein was wholly German in popu-
lation and had been made a member of the Germanic Confederation in 1815.
Except for the west coast and the North Sea islands, Frisian from time im-
memorial, Schleswig was originally Danish down to the river Eider, which
was the historical frontier of Denmark. In the Middle Ages, however, it
had received a large influx of settlers from Holstein, as may still be seen
from the German place names along the Eider and through the south of
Schleswig. During the close union of the two duchies this northward move-
ment of German settlers continued and South Schleswig proper (bounded by
the Schley-Dannevirke-Husum line to the north), eventually became solidly
German in language and sympathies. This line of Schley-Husum at the end
of the 18th century formed the frontier for race and language. During the
19th century, however, the German language, aided by Government pressure,
by the influence of the Church, and later by a popular movement, penetrated
further north, and by 1848 the linguistic frontier corresponded roughly to the
line of Flensburg-Tondern.! This was only a very rough approximation,
however, for throughout central Schleswig there were regions where some-
times the one race and sometimes the other were settled in solid blocks, and,

1 Emil Elberling, “ Partage du Slesvig” in Manuel historique de la question du Slesvig.
Edited by Franz de Jessen, p. 139.

MAP SHOWING THE DISTRIBUTION OF LANGUAGES IN SCHLESWIG, 1838
By F. H. F. Geraz

From Franz de Jessen: Manuel Historique de la Question du Slesvig. Troisième partie,
Ir a a
E psi ros A a

EG eos, tion ct allemand [Y Alepand predominant our CD Prin ot allemand

THE SCHLESWIG QUESTION, 1848— | 133

in some places, where the two groups were mingled in the same parish.
These so-called “ mixed districts ” of Schleswig contained the city of Tondern
and forty-nine country parishes of the departments of Flensburg, Tondern,
Husum and Gottorp. In eighteen of these parishes, in the centre of the
region, Danish was used exclusively in ordinary speech, and there were eight
parishes where German was the common medium.! The region properly re-
ferred to as mixed contained 23 parishes, chiefly in Anglia, and 29,879 in-
habitants.? The total population of the ;duchy, according to the census of
1855, was 395,860. That of Holstein was about 500,000. Their combined
area was approximately 700 square miles. Linked to the fate of the two
duchies was that of the former Prussian Duchy of Lauenburg, lying along
the Elbe to the southeast of Holstein, and given to the Danish King in 1815.
Although both Schleswig and Holstein had for many years been ruled by
kings of Denmark, the law of succession in the kingdom and in the duchies
was different, the kingdom being heritable in the female line, and the Salic
law still being in force in the duchies. The imminent danger of the failure
of the male line, which was the only common heir, had given rise in Den-
mark to an agitation to induce the king to change the law of succession in the
two duchies, and to make them an integral part of the kingdom of Denmark.
Christian VIII had accordingly, by a rescript of July 8, 1846, arbitrarily
decreed the continuance of the union of the duchies with Denmark in spite of
the different laws of inheritance in the two states. These efforts had called
forth such violent protests® from the Estates of the duchies, that the matter
had been left in abeyance. Christian soon died. His successor, Frederick
VII, was forced by a revolutionary movement in Copenhagen to issue a
rescript on January 28, 1848, announcing that there would be a single con-
stitution for the three units, Holstein, Schleswig, and Denmark, leaving to
the duchies autonomy in local matters, but providing for common estates.
This supreme effort of the Danish party of expansion occurred at the very
moment when the new German nationalist spirit was eager to unite under
the Germanic Confederation all territories inhabited by the German race.
And as the Danish nationalist party had not been content to incorporate only

1 The German contention was that the Danes in North Schleswig were peasants, whereas
the men of property were for the most part German. However true this may have been
in 1848, it is obvious from the map on opposite page that the situation had changed radi-
cally by 1906.

2 This account is taken from P. K. Lauridsen: “La situation des langues en Slesvig,”
in Manuel historique, pp. 114-18 and 122. See map on opposite page.

8 See State Papers, vol. 40, p. 1253, for protest of the Estates of Holstein against the
vote of the Roeskild Assembly in Denmark for uniting the two duchies to Denmark. The
union was strongly opposed by Duke Frederick of Augustenburg who had strong claims
to the duchies, but none to Denmark.

134 PLEBISCITES

Danes in the Danish kingdom, so the German nationalists coveted the incor-
poration of the whole of Schleswig, as well as of Holstein, in the Confedera-
tion, and to do this made use of the argument of the indissoluble union of
the duchies.! The estates of the duchies, in warm sympathy with the Ger-
manic movement, answered the royal rescript with a demand for the incor-
poration of Schleswig under the sovereignty of the Danish king, as a state
in the Germanic Confederation. This they said was the only means of safety
against the Danish imperialists. Their demand was carried to Copenhagen
in March, by the delegates to the constituent assembly who, true to their
instructions, laid before the Danish Government the demand for incorpora-
tion.

It is in these discussions at Copenhagen that we hear the first suggestion
of a division of Northern Schleswig by a plebiscite. The plan, which re-
quired leaving to the vote of the inhabitants, taken by parishes, the question
of incorporation in Denmark or in the Confederation, appears to have been
proposed by two of the German delegates from the duchies, Clausen and
Olshausen, to the Danish Minister, Lehmann. How much support it actually
received from the Danish government is uncertain. Certainly it received no
official assent, although there appears to have been some hope of this for a
short time in March.? The King, however, although yielding a separate con-
stitution for Holstein, answered the demand of the duchies not only by re-
fusing the incorporation of Schleswig in the Confederation but by incorporat-
ing it as an integral part of the Kingdom of Denmark.

Without waiting for the king to reply to their demands, the duchies had
broken into open insurrection. On March 24, a provisional government had
been erected at Kiel, which, proclaiming that the duke was no longer free
but under the influence of the Eider Danes, called its supporters to rally with
their arms, “to preserve their German land from being absorbed.” A week
later, on March 31, the Provisional Government issued from Rendsburg a
proclamation to the Danish people, promising that the people of North
Schleswig should freely declare whether they desired to be a province of the
kingdom of Denmark or to follow the German nation, although, “so long

1 The view of the German inhabitants of the duchies and that of many of the Danish
inhabitants was that this union was a constitutional right and could not be taken from
them. The Danish view was that it was a visionary affair, belief in which was of modern
origin, due largely to the propaganda of various German professors at Kiel. Elberling in
Manuel historique, p. 159. The right to union had, however, been formally recognized in
various royal rescripts of the Danish crown and had an undéniable historical basis.

2 Sten Bille, the Danish admiral who carried the delegates back to Kiel recounts in
Bidrag Til Martsdagenes Historie, Hist. Tidsskrift, R. VI, p. 413, that one of the delegates
showed to him a map and drew a line across it nearly as high as Flensburg, saying that

they might have supported that line as a basis for such a solution, but that the Danish
ministers had refused it. Manuel historique, p. 137.

THE SCHLESWIG QUESTION, 1848— 135

as the male line rules in Denmark they offer to the Danes an honorable alli-
ance and a common sovereign.” 1

Danish troops were at once dispatched to Schleswig. The revolt in the
duchies had occurred at the time when the revolution in Berlin was at its
height. The Prussian Government, seeing the popularity of a movement in
harmony with the growing nationalist sentiment, made the marching of Dan-
ish troops into Schleswig the excuse for dispatching Prussian troops into
Holstein. This action was endorsed by the Germanic Diet at Frankfort,
which, on April 4, formally declared that the Federal German State of Hol-
stein was in danger of being attacked and that the Prussian action was
approved. The Diet in the same proclamation offered mediation based on
recognition of the independence of the two duchies and their right to indis-
soluble union. Great Britain who, with Russia, had guaranteed the posses-
sion of Schleswig to the Crown of Denmark in 1721, looked with great dis-
favor on the action of Prussia, and threatened to send her fleet to preserve the
status quo. Russia, France and Sweden also opposed Prussia and the Con-
federation. The latter refusing to withdraw its troops, mediation was of-
fered by Great Britain and Russia, and accepted by Prussia and the Diet.

The proposal for a vote in North Schleswig had been quickly adopted by
von Arnim, the Prussian Minister for Foreign Affairs. With Great Britain
giving full support to the Danish cause and the other Powers ranged beside
her, it was plain that Germany would not be allowed to absorb the whole
of Schleswig: von Arnim saw in the proposal of a vote in North Schleswig
a method by which, by adhering to the principle of nationality and thus sacri-
ficing a part of Schleswig, the remainder of the duchy, as well as all of Hol-
stein, could be claimed by the Confederation by an unquestionable title. He
accordingly informed the Diet and the British Cabinet that Prussia would
agree to a plan of armistice if there were included in the principles of peace
not only a recognition of the indissoluble union and independence of the
duchies, and inheritance through the male line only, but also the division of
Northern Schleswig according to nationality as established by a vote? Al-
though the Provisional Government had itself been the author of this last
point of the vote, and it had gained wide support in the duchies the coming

1 Documents, post, p. 864.

2 Elberling says that von Arnim hoped that a vote would give Germany the line of
Apenrade-Tondern although he knew the linguistic frontier to be approximately Flensburg-
Tondern. Manual historique, pp. 139, 152. |

3 In the debate on April 3d in the common assembly of the duchies at Rendsburg, three
of the chief delegates declared that no obstacle would be put in the way of the people of
Northern Schleswig if they should evince a desire for Denmark, “for the happiness of
a people can not be effected in spite of themselves.” The Prussian Major Wildenbruch,

who had been sent by his government to conduct negotiations with the Danish authorities
after the battle of Schleswig (early in April) had found that in Rendsburg opinion was

136 - PLEBISCITES

of aid from both Prussia and the Confederation had raised hopes of gaining
the whole of Schleswig, and the same Provisional Government now vehemently
objected to a vote on the ground that “ the sacrifices of the sanguinary strug-
gle which had occurred since its proposal would not justify it, for simple
considerations of equity, in adhering to a principle which would infringe on
higher interests and national rights”;! a curiously naive statement of a
familiar argument. A spirited correspondence followed, von Arnim replying
flatly that Prussia's influence was to be had only for an object possible of
attainment, and that for this the vote was a necessity,? and the Provisional
Government countering with the objection that no true frontier could be
arrived at by a division, owing to the mixture of languages and social condi-
tions, for even in Northern Schleswig it pointed out that although the peas-
ants were undeniably Danish, the landed proprietors were German; further-
more, it would be abandoning the excellent ports of Apenrade and Flensburg,
which were mostly German. Von Arnim persisted, answering these argu-
ments with the practical one that any departure from the status quo ante
would require a “ compensation,” and that a vote would supply an argument
for division which might be justified before the European Powers and con-
sented to by Denmark.

In spite of the fact that the Provisional Government had instructed their
representatives at both London and Frankfort to oppose the division, the
Diet, at the instance of von Arnim, resolved on May 30 to adhere in toto to
the Prussian propositions for an armistice and peace preliminaries, emphasiz-
ing in its turn the stipulation that no part of the duchy of Schleswig could be
detached except by the free consent of the population* No special protection
was demanded for the German minority.

Meanwhile, Bunsen, the Prussian Minister at London, had proposed the
Prussian bases for an armistice to Palmerston on May 18. Palmerston, in
his capacity as mediator, replied that he would recommend them to the Danish
Government. With regard to drawing the line of separation through the
mixed districts, Palmerston, however, suggested that “instead of going
through the difficult process of a detailed appeal to all the inhabitants of each
district, the line be drawn according to ascertainable statistical facts.” He

unanimous that in case of a separation it should be done by vote and that a line to the
north of Flensburg and Tondern, leaving to Denmark the islands of Als and Ærô would
form a frontier satisfactory to the Provisional Government. Elberling, in Manuel his-
torique, pp. 137-8.

1 Documents, post, p. 866.

2 Documents, post, p. 870.

8 Documents, post, p. 871.

* Martens, N. R. G., vol. 12, p. 290, note. Elberling, in Manuel historique, p. 139.

5 Documents, post, p. 874.

THE SCHLESWIG QUESTION, 1848— 137

submitted the plan of a partition to Denmark but it again found enemies
among the Danish statesmen. The Danish Government replied to Palmerston
that a separation would divide communes and even families and that the
greater part of the population would prefer annexation to either Denmark or
Germany.! In spite of Palmerston’s advice, Denmark refused to accept any
division, and insisted upon counter proposals which provided for the complete
evacuation of Schleswig, the Provisional Government to continue to admin-
ister the duchies until the final settlement of the question. Bunsen, however,
clung to the vote, and replied to Palmerston with a plan, available under the
Danish proposal, for securing a free and unbiased opinion of the political
Opinions of the inhabitants as to incorporation with Denmark.? By this each
oí the two belligerents, Germany and Denmark, were to send commissioners,
and England, as mediating Power, was to send a third, the three to oversee
the vote which was to be administered by the Provisional Government, the
representatives of the mediating Power to act as umpire.

During the negotiations the matter came up for debate in the German
National Assembly at Frankfort on June 9, on the presentation of a report
of the Committee on International Questions. In the debate the Austrian
President of the Germanic Diet endorsed the proposed division by vote, though
he felt confident that the vote would be against any division, an opinion which
must have been confirmed by the speech of the two delegates from North
Schleswig.

On June 23 Palmerston, still omitting the suggestion of a vote, submitted
to the Danish and Prusstan Ministers in London a plan for an armistice which
contained two alternatives as to the disposition of Schleswig; the first, that
it should be divided according to nationality, the northern part to be incor-
porated in Denmark and the southern in Germany; the second, that it be kept
intact and be administered by a joint administrator for Schleswig and Hol-
stein. To this Bunsen replied flatly on June 24, “ that Germany can not give
up the principle, adhered to on all occasions, that no separation of any part
of Schleswig can ever be thought of, unless the population in the northern
districts themselves declare, by an open and unbiased manifestation of their
intention to that effect, that they wish to be separated from the rest of the
duchy.” 4

1 Elberling in Manuel historique, p. 140.

2 Documents, post, p. 875. Elberling, p. 139, says that Bunsen, who was more sympa-
thetic with the Provisional Government of the duchies than was his Government, urged
on Palmerston that North Schleswig should form, after the division, a separate duchy, inde-
pendent like the rest of Schleswig, and that the German minority should be protected.
Manuel historique, p. 139.

3 Documents, post, p. 879.

4 Documents, post, pp. 876, 878.

138 PLEBISCITES

Although acceptance of a division according to nationality afforded an
opportunity for Denmark to gain the Danish part of Schleswig irrevocably,
the Danish Government continued to refuse to recognize the new doctrine of
nationality and rested its case on treaties and historic right.! Among the
Schleswig refugees at Copenhagen, there was also great unwillingness to
accept the idea of a division. Even the distinctly Danish people of North
Schleswig went so far as to threaten that they would choose annexation with
the rest of Schleswig to Germany, rather than a divided Schleswig,? and pro-
tests and petitions were drawn up to this effect. There were, however, a
few Danish individuals who favored the plan. A quantity of pamphlets ap-
peared supporting the two parties, the party of nationality and the party of
the indivisible monarchy; those for a division placing their emphasis on
division according to the linguistic frontier rather than by a vote, as the
means of settling the problem The Danish government, however, refused
to discuss the point and would treat only regarding a suspension of arms and
the provisional administration of the duchies. Prussia, although propelled by
the clamorous desire of the German nationalists, dared not persist in the face
of the threatening attitude of the European Powers. In an armistice signed
on August 26 at Malmoe, she yielded practically all the Danish demands, and,
although hostilities soon began again, the war ended with the status quo ante.

Although peace was effected in 1849 it was sufficiently apparent that it
would be only temporary and there was constant effort on the part of Euro-
pean diplomacy during the succeeding years to effect a permanent solution.
The chief effort was directed towards settling the dynastic quarrel; the idea
of a division as a compromise was, however, not forgotten. Palmerston con-
tinued to urge it. The only agreement reached, however, was that by a con-
ference of the Great Powers at London in 1852 which attempted to adjust the
issues at stake by buying off the claims of the Duke of Augustenburg, and by
confirming to the Danish King the succession in the duchies, while providing
that the union between them and Denmark should be purely personal.

1 To its representatives abroad Denmark admitted that it might accept the line Schley-
Husum, leaving the city of Schleswig to Germany.

2In support of this statement Elberling gives several names and cites the Dagbladet
of May 10, 1848.

® Elberling mentions especially Le partage du Slesvig by H. E. Schack and a pamphlet
entitled La question Slesvicoise by H. A. Raaslôf, (Minister for Schleswig, 1854-56, and
for Holstein, 1860-61), published in November, 1848, under the signature of “ Theophilus,”
in which he advocated consideration of the wishes of the people of the south of Schleswig
as well as those of the north. He advocated a division along the Dannevirke, but without
annexation of the northern part to Denmark, and hoped for a solution by a special
assembly of representatives not only from Schleswig, Denmark, and Holstein, but also
from Sweden and Norway and Germany. He was the first to see it as a Scandanavian
as well as a German question.

THE SCHLESWIG QUESTION, 1848— 139

The prestige given to the principle of nationality by the Italian war of
1859 once more brought the proposal of a partition of Schleswig into diplo-
matic notice. Schleinitz, Prussian Minister for Foreign Affairs, declared in
August and again in October, 1859,— that is, after the war in Italy, — and
again in May, 1861, that division was the only solution capable of satisfying
all parties. The Cologne Zeitung, the Hamburg Nachrichten and the London
Morning Post all supported it,? and Bismarck, on his entrance into the Prus-
sian government (September, 1862) spoke in favor of this partition to Lord
Russell? The idea of a division had, however, been abandoned by the neu-
trals, owing in part to the great desire of Austria to keep the “Danish mon-
archy intact.

Counting on the continued support of the Powers, the Danish government
had persisted in the hope of retaining not only the whole of Schleswig, but
Holstein as well, and had prevented any support of a division by keeping the
people in ignorance of the growing storm. So unconscious, indeed, was the
Danish Government of its predicament, that, in 1863, at the very moment when
the three forces, the dynastic ambitions of the House of Augustenburg, the
theory of the political unity of Schleswig and Holstein, and the exalted na-
tional sentiment of the German people, fusing in the able hands of Bismarck
and gathering momentum from the growing belief in the national right of
people to dispose of themselves, were threatening Denmark and her ancient
rights based on treaties and inheritance, Christian 1X, propelled by an over-
whelming enthusiasm on the part of his Danish subjects, signed a constitu-
tion which, contrary to the London agreement, unified the political institu-
tions of Denmark and the duchies. The German answer was an opposing
wave of national patriotism from the people of Austria and Prussia, the two
governments vieing with each other as leaders in the national cause. Chris-
tian IX on his side refused to yield.

In 1864 when the storm broke, the European situation, which had made
it to the interest of the Powers to protect Denmark in 1848, had changed.
France was disposed to be friendly to Prussia at the moment.” Rnssia and
Great Britain were the only ones still concerned in preserving the monarchy
but neither now felt it worth a show of force. On February 1, 1864, the
Austrian and Prussian forces crossed the Eider into Schleswig, ostensibly to
take possession of the duchy as a guarantee of the execution of certain under-
takings made by the Danish government in 1852 and since repudiated. After
a courageous but hopeless struggle the Danish troops were forced back into

1 Elberling, Manuel historique, p. 150. The reference to the Morning Post is to the
issue of March 26, 1861.

2 Ibid., p. 151.

2 It is said that Napoleon was supporting Augustenburg on the theory that he repre-
sented the principle of nationality.

140 PLEBISCITES

Denmark. But although the whole of the continental part of the kingdom
was evidently soon to be at the mercy of the Allies, Denmark was maintaining
an effective blockade against Germany which was a sufficient embarrassment
to induce them to accept the mediation of the Powers. On the invitation of
the British Government, plenipotentiaries of Austria, Denmark, France, the
Germanic Confederation, Prussia, Russia, and Sweden and Norway, met in
conference on April 25, with the object of agreeing on a plan for peace be-
tween Denmark and Germany.

Even before the plenipotentiaries had gathered, it was obvious to those
acquainted with the attitude of the German States that there was little hope
of an agreement on the lines of the arrangement made at London in 1852.
Napoleon, seeing this, and anxious that before the Conference met some pos-
sible way out of the dilemma might be in readiness, revived the plan of a
solution by a vote of the inhabitants. On March 20, Drouyn de Lhuys, Min-
ister for Foreign Affairs, sent a dispatch both to London and to the German
Courts in which he proposed that if the London agreement failed of accept-
ance the settlement of the question should be left to a vote of the inhabitants
of the duchy.? Whether or not this was with the prime intention of annoy-
ing Austria, as is asserted by von Sybel,? Rechberg at once declared that
Austria would never countenance such a revolutionary proceeding. The Ber-
lin authorities, however, although quite as little inclined as Austria to abet
Napoleon in his method of founding States and Governments on plebiscites,
was more anxious to propitiate their powerful neighbor and declared a friendly
willingness to discuss the matter. Bismarck professed a corresponding
solicitude for the will of the inhabitants, who, he said with some irony, had
been bartered at the mercy of third parties by former congresses, including
that of London of 1852. Yet, he added, although an important point, it was
not the only one demanding attention: existing rights, treaties, and the con-
venience of all parties must be considered? To avoid definite commitment
he endeavored to turn the discussions to the project of the Kiel Canal in
which Napoleon was interested. Drouyn de Lhuys, in order to make the
proposal more palatable, explained that France attached no special importance
to the question whether the will of the people of Schleswig-Holstein was to
be expressed by a plebiscite or by a vote of the Estates, but added that during
the vote the troops of both of the contending parties should be removed from
the country, a development which met with the decided disapproval of von
Goltz, the Prussian ambassador at Paris.

1 Documents, post, p. 883.

2 Heinrich von Sybel, The Founding of the German Empire, vol. 3, p. 341.
8 Von Sybel, pp. 341-3, Von Sybel, as is well known, had access to unpublished official

documents.

THE SCHLESWIG QUESTION, 1848— 141

Pursuing the matter, Drouyn de Lhuys, on April 9, made a definite state-
ment to the Prussian ambassador that the Emperor was in favor of a com-
plete cession of Holstein and of that part of Schleswig lying south of the
proposed canal,* the people to be consulted, either through a plebiscite or a
vote of the Estates. If the people wished to form an independent state under
the Augustenburg prince, France would raise no objections, although she
could only regret the founding of another small state. If, however, the vote
should be in favor of uniting with Prussia, Napoleon would, in the confer-
ence, make their cause his own. Drouyn de Lhuys showed further how few
objections could be raised against such a system; the inherent grandeur of
the idea, he said, must meet with irresistible success in the Conference.? To
this Bismarck sent an answer on April 14 that the King had expressed his
concurrence with the general plan of division proposed by France, although
he must insist on more favorable conditions for the German element in the
duchies and, more especially, a more northerly situation for the canal or for
the frontier, although, if the alternative of annexation to Prussia, proposed
by Drouyn de Lhuys, should be decided on, this demand would be more
moderate. As to a vote, he wrote:

Prussia will at all stages of the conference certainly insist upon consulting
the will of the inhabitants, about which we are negotiating with Vienna, and
upon the proposal of a canal, although Russia will not listen to it. Yet it will
not be advisable to call upon the people to cast their votes at the very outset.
If the vote should be taken now, it would be in favor of Augustenburg, but
against any division of Schleswig, and, consequently, not in accordance with
Napoleon’s wishes.

Prussia therefore intends to bring forward at first in the conference the
demands made hitherto: personal union with Denmark, admission of Sohles-
wig into the Germanic Confederation, and elevation of Rendsburg to the rank
of a Confederate fortress, and of Kiel to a Confederate port. Denmark will
surely reject these demands, and prefer rather the cession of Holstein and of
a part of Schleswig. Then the people will see that there must be a division in
any case, and they will make up their minds to it.

The same is true of the question, to whom the territory which is ceded
shall belong? Prussia, of course, would prefer the plan of annexation; but
the people will not vote for that, until the other plan has proved itself to be
hopeless, and the matter is reduced to the simple question: Prussian or
Danish? Moreover, the postponement of the decision, so long as the occu-
pation of the country continues, would not be prejudicial to Prussian

interests.?

10n April 19 Napoleon signified his assent to the line Schley-Husum, a line at that
time thought of for the canal, or any other provided Prussia gained the consent of the
people to it. Von Sybel, vol. 3, p. 351.

2 This summary of the Conference of April 9 (between de Lhuys and von Goltz) is
quoted from von Sybel, p. 345.

3 Ibid., pp. 349-50.

142 PLEBISCITES

Meanwhile the time for the opening of the Conference had arrived and
the plenipotentiaries had gathered in London. A suspension of hostilities
was the first subject of debate. After a long discussion of terms, a four
weeks’ armistice was finally agreed on. In conformity with the Prussian
plan, the suggestion of a division was not at once brought forward. The
month went by before any hope of agreement was reached. The plenipo-
tentiaries of Great Britain and France supported the Danish insistence on the
rights of inheritance of King Christian IX over all the countries of the Dan-
ish monarchy as provided in the Treaty of London of 1852, whereas the
Germanic Confederation, which had not been represented at the signing of
the treaty of 1852, refused to consider itself bound by it, and, supported by
Austria and Prussia, insisted on the complete independence of the duchies as
the first essential of peace. On May 28 matters were brought to a head
by a motion which was introduced by the plenipotentiaries of the German
Powers, calling for the establishment of Schleswig-Holstein as an independ-
ent State under the sovereignty of the hereditary Prince of Augustenburg.!

Before this attitude of the Germanic Powers the neutrals were helpless un-
less they wished to come to Denmark's aid openly: As Bismarck had fore-
seen, division was the only alternative. Perceiving this the Earl of Clarendon.
abandoning all hope of agreement on the lines of the convention of 1852,
had, in consultation with the neutrals, drawn up a new proposition to respect
the national aspirations of both races by giving to Germany Holstein and
southeastern Schleswig, from the mouth of the Schley to the rampart of the
* Dannevirke, and by allowing the rest of Schleswig to be incorporated in Den-
mark. This gift of the mixed districts to Denmark was defended by the
French representative on the ground that as there was bound to be dissatis-
faction among the inhabitants, no matter to whom they were given, the
region should go to the weaker power. The plan further stipulated that the
future sovereignty of the Duchies of Holstein and of Lauenburg, as well
as the southern part of Schleswig, was not to be fixed without their consent.
Following an arrangement with the German delegates, this plan was pro-
posed on May 28, by Clarendon, immediately after the German motion.

The new proposal at first gave promise of success. The German and Dan-
ish plenipotentiaries, after some debate, accepted in principle the propositions
both of division and of appeal to the vote of the people of the southern
territory. It remained to agree on the line south of which the vote was to
be taken. England had proposed the line of Schley-Husum; Prussia pro-
posed a line far to the north, namely, the line of Apenrade-Tondern, which
Count von Arnim had had in mind in 1848.2 The Prussian plenipotentiary

1 For the significant passage in the protocols, see Documents, post, pp. 886 et seg.
2 Elberling in Manuel historique, p. 171, says that it is easy to understand that Germany

THE SCHLESWIG QUESTION, 1848— 143

later let it be hoped that his government would consent to the line of Flensburg-
Tondern,! a line which accorded somewhat better with the linguistic fron-
tier. Denmark, relying on the support of the British public, held to the lines
Schley-Husum or, preferably, Eckernforde-Friederichstadt. Bismarck had
been waiting for the Conference to reject the Augustenburg motion, before
making his proposal of a vote of the populations, the idea originally intro-
duced by the French? Accordingly, at this point the plenipotentiaries of the
Germanic Confederation announced that the principle of consultation of the
inhabitants should be extended to any territory separated from Schleswig as
well as applied to any separated from Denmark; in other words that there
should be a vote taken in the north as well as in the south of Schleswig. This
application of the principle of popular consultation raised a storm of objec-
tion in the Conference on the ground of the impropriety of consulting subjects
as to whether they would remain under their tightful king. Denmark re-
fused absolutely. Great Britain, Sweden, and Russia supported her? as well
as France, who was determined to adhere to the neutrals’ proposal of May
28. Seeing that her proposition was useless, Prussia then mentioned the pos-
sibility of limiting the vote to the mixed districts, in order to draw a line of
frontier, and the suggestion was endorsed by the Germanic Confederation.
Throughout the discussion Austria, though supporting the plan of division,
had consistently objected to any popular consultation. Russia, also seeing in
any European endorsement of such a method a threat against absolutism, had
made even more earnest protests. At this point, and before any discussion
on the new German proposal was possible, Brunnow, the Russian plenipo-

could not support the British line, as it gave her only a small part of the territory in
question, and left to Denmark precisely the region where the antagonism of nationality
was strongest, namely the peninsula. of Angel, ‘which was half Germanized and wholly
German in sentiment.

1 Elberling cites a letter of Geffcken of June 4, containing a statement by Bismarck
himself to M. Jules Hansen, a Dane, some months later, as proof that the Prussian gov-
ernment would have accepted the line. Bismarck said that Prussia might even have con-
sented to a line from Gjelting to Bredsted. Manuel historique, p. 152.

2 Von Sybel implies that Bismarck had abandoned the idea and returned to it, “un-
willing to lose the opportunity of employing practical means on account of theoretical
scruples.” On May 21, Bismarck, with the approval of the King, had written to Werther,
“ After putting aside the consideration of Christian IX, the claims of Augustenburg are
doubtless the ones that could under the present conditions be most easily realized, and
with the least danger of European complications. There would be nothing to fear in the
way of opposition from the Duchies themselves; and any tendency towards suffrage uni-
versel could also be avoided. We are therefore not disinclined to favor this solution of
the problem, if we may hope for the cooperation of the Imperial Government.” Von
Sybel, vol. 3, p. 372.

2 Von Sybel, vol. 3, p. 399, says that the opposition of the Danes and their friends
was due to a fear that an official inquiry into sentiment in North Schleswig would seriously
injure the Danish cause.

144 PLEBISCITES

tentiary, read a summary of the debate in which he stated that the method
of solution indicated by the Court of Prussia had not gained the support of
the Conference. This statement, sufficiently inaccurate at its best, when
taken apart from the detailed debate preceding and following, is absolutely
misleading: yet it is repeated in the final summary of the Conference, printed
at the end of the protocols, and is undoubtedly the cause of the commonly
repeated but erroneous statement that the London Conference repudiated the
method of a plebiscite. Far from that being true, the same suggestion of a
plebiscite in the mixed districts, brought forward almost immediately after
by France, as we shall see, was endorsed by all the other Powers save Russia
and Austria, and would doubtless have been adopted had there been the neces-
sary agreement as to delimitation of the territory in which the vote should
be taken.

After Brunnow's summary was read, Russell introduced a new proposal,
namely, that the question of the line be submitted to arbitration, the award to
be final. This failing to gain the support of either the Danish or German
plenipotentiaries, de la Tour d'Auvergne, in accordance with his instructions
of June 11, from Drouyn de Lhuys, as to his course in case agreement on the
boundary could not be reached by other means,* then proposed that a vote
be taken by communes in the district bounded on the north by the line
suggested by the German plenipotentiaries and on the south by the line in-
sisted on by the Danish plenipotentiary. His plan included the details that all
military force be removed from the region prior to the balloting and all pos-
sible pressure guarded against, and that each Power should send a delegate
to bear witness to the authenticity of the vote. To this the plenipotentiaries
of Prussia and the Germanic Confederation agreed, ad referendum, and those
of Great Britain approved it, subject to the Danish King's decision. The
Danish plenipotentiaries, however, refused to accept it, even ad referendum
and, the truce having come to an end, the Conference broke up on June 22.
The summary drawn up by the British plenipotentiaries and annexed to the
protocols shows that this inability to reach an agreement on a delimitation of
territory for the vote, rather than on a vote itself, was the cause of the futility
of the London Conference.?

The truce ended on June 25. The German troops soon forced the Danes
to make a peace far more disastrous than any discussed in the Conference of
London. Not even the northermost part of Schleswig was left to them. By
the terms of peace drawn up on August 1, and signed on October 30, 1864,
the King of Denmark renounced all his rights over the duchies of Schleswig-
Holstein and Lauenburg in favor of the King of Prussia and the Emperor of

1 France, Affaires étrangères: Documents diplomatiques, 1864, p. 25.
2 Documents, post, p. 932.

THE SCHLESWIG QUESTION, 1848— 143

Austria, and undertook to recognize any dispositions which the said monárchs
should make in regard to them.! The treaty itself indicated the line ‘of fron-
tier and instituted an international commission to complete the line on the
spot, without any suggestion that any part of it should be determined by a
vote of the people. The only provision for the expression of a desire on the
part of the inhabitants was in the six years’ option clause contained in Article
XIX, which gave a period of six years to Danish subjects domiciled in the
ceded territories in which to exercise the right of choosing Danish nationality
and of transferring themselves, their families, and their personal property
to Denmark, while keeping their landed property in the duchies. The Danes
were at last convinced by the peace that the division by nationality was the
only solution and bitterly regretted their refusal to cooperate in it.?

Prussia and Austria first essayed to administer the duchies in common, an
arrangement which, as Bismarck had planned, led to endless altercation. The
compromise attempted through the Gastein Convention, which gave the ad-
ministration of Schleswig to Prussia and of Holstein to Austria, served,
through the oppressive Prussian. rule over the Danes of North Schleswig, to
intensify their longing for separation and ‘fer a union with Denmark. In
this they continued to have the support of Napoleon, and to his representa-
tions Bismarck, whether or not in sympathy, never gave a decisive negative.
The Prussian King, however, was determined against any division.

Two years after the joint conquest of the duchies, a short war broke out
between the conquerors. As a result, by the Preliminaries signed at Nikols-
burg in July, 1866, and embodied in the Treaty of Prague, signed on August
23d, Austria ceded to Prussia all the rights acquired over the duchies of
Holstein and Schleswig, with the condition that the population of the north-
ern districts of Schleswig should be ceded to Denmark if, by a free vote, they
should express a wish to be so united.*

- It is said that this clause is due to a hope entertained by Prussia that by
surrendering North Schleswig she would gain the acquiescence of France in
the reorganization of Germany. The project of the Kiel Canal was un-
affected by the matter for its proposed course lay far to the south of the mixed
districts and well within the German-speaking territory. Bismarck appears
to have accepted the clause in good faith," and in the beginning certainly de-

1 Documents, post, p. 933.

2 Elberling, “La paix de Prague 1866,” in Manuel historique, p. 299.

3 It seems unnecessary here to go into the intricate claims and counterclaims of the
various princes, supported by Prussia and Alustria in their efforts to gain exclusive control
of the duchies, nor the relation of the Seven Weeks’ War to Bismarck's policy of German
Documents post, p. 935. See Article 5. |

5 Elberling credits Bismarck with “ just and benevolent intentions.” Manuel historique,
p. 307.

146 o PLEBISCITES

fended it in the Reichstag. But, however honest his intentions, he would not
risk a struggle with the King and the military party for the sake of fulfilling
the treaty provision and, without waiting for the promised plebiscite, the
duchies in their entirety were formally united to Prussia by an act of incor-
_ poration on January 12, 1867.

Notwithstanding the annexation, however, negotiations were entered into
by Prussia and Denmark at Copenhagen on May 7, 1867, regarding the con-
ditions of the proposed plebiscite. The proceedings of the conference are
not published, but the outline may be gathered from various sources of in-
formation. It appears that Prussia proposed, as primary conditions, special
guarantees of a drastic nature regarding the legal status of Germans and the
German language in the part of Schleswig which might be retroceded.? These
conditions were so severe as to give the Danes the impression that Prussia did
not wish to reach an agreement, and to stimulate the fear that the granting of
the guarantees would lead to intrusion by Germany in Danish affairs: Prus-
sia, refusing to modify her demands, the negotiations, in spite of the efforts
of the French government to.iaid in effecting a settlement, were broken off,
and, after a few months: of ‘continued: discussion in Berlin, in which the
Prussian demands were still insisted upon, the matter dropped:

Of the 150,000 people of North Schleswig, about 50,000, taking advantage
of the option clause in-the Treaty of Vienna of 1864, had chosen to remain
under Denmark and, on the signing of the Treaty of Prague, had migrated
across the frontier pending the plebiscite. These, seeing no prospect of a
plebiscite, now returned to Schleswig where, owing to their having lost their
Danish citizenship and not being allowed by the Prussians — as a punish-
ment — to acquire Prussian citizenship, they became in their unprotected
state the special object of persecution in the Prussian efforts to Germanize
the country. The plight of these optants served at least to fix European
attention on the failure of Prussia to live up to her obligations under the
Treaty of Prague and started a discussion as to whether either Denmark or
the people of Schleswig had not by the treaty acquired a legal right to claim
its performance. The existence of such a right was denied categorically
by Bismarck in the Constituent Assembly of 18673 to which the people of

1 Documents, post, p. 937. |

2 The Haandbog i det Nordslevigske spórgsmaals historie, Copenhagen, 1901, says that
the. Austrian government did not conceal its opinion that Prussia's conditions were
unreasonable. Further information may be found in the dispatches of George H. Yeaman,

United States Minister to Denmark, to Secretary Seward regarding the negotiations.

United States, Foreign Relations, 1867, vol. 1, pp. 660 et seq.
8 Frédéric Thudicum, Verfassungsrecht des norddeutschen Bundes und des deutschen
Zollvereins, reviewed by Rolin-Jaequemyns, Revue de droit international et de législation

comparée, 1870, vol. 2, p. 721.

THE SCHLESWIG QUESTION, 1848— 147

North Schleswig had sent a deputy to protest against the incorporation of the
territory in the Confederation and to claim their right to a popular vote.!
Bismarck replied with the denial of the existence of any right, legal or moral,
which could be claimed by the people of North Schleswig.

The dispute has raised the subsidiary question of who was the intended
beneficiary, Denmark, the people of Schleswig, or Napoleon, and, if it was
the people of Schleswig, whether a group of individuals not a State can acquire
rights under a treaty.?

After the fate of Alsace and Lorraine in 1870, there was little hope of
inducing Prussia to hold a plebiscite in Schleswig. Nevertheless, the abro-
gation of the plebiscitary clause in the Treaty of Prague was made by Prussia
the condition of the Austro-Prussian alliance and, accordingly, by the Treaty
of Vienna of October 11, 1878, the Emperor of Austria formally released
the King of Prussia from the obligations under Article 5 ostensibly “ in con-.
sideration of the difficulties presented in the carrying out, of the principles:
there laid down.”

In spite of the large emigrations to Denmark and of the constant attempts:
to Germanize those who remained, for German rule here as in Alsace has been '
far from affording the protection to the racial minority which she herself
demanded in 1867, the population of South Jutland is still preponderately
anti-German in sentiment. The case of North Schleswig is still a live issue
but there is at last a hope that the question which has agitated Europe for
seventy years is about to be settled.

During the half century that Denmark has been deprived of Schleswig and
Holstein, she has learned the value of the doctrine of self-determination.
She no longer demands the return of the German populations of the duchies.
On the contrary she has definitely refused to accept any part, even of Schles-
wig, whose inhabitants do not wish to join the kingdom of Denmark, and, in
accordance with both the resolution of the Rigsdag of October 3, 1918, and
with the desire of the people of North Schleswig, as expressed in the Apen-
rade resolution of the Schleswig Electoral Society, of November 17, 1918, the
Danish Government has asked that a plebiscite be held to settle the future dis-
position of the regions in question.‘

2 Paul Matter, Bismarck et son temps, vol. 2, p. 576. |

2Cf. Ronald F. Roxburgh, International Conventions and Third States, p. 42. Rox-
burgh cites Holtzendorft, Revue de droit international et de législation comparée, vol. 10,
‘p. 580. Oppenheim, International Law (2d ed.), vol. 1, p. 364. Rivier, Principes du droit
des gens (2d ed.), vol. 2, p. 63. Bonfils, Manuel de droit international public (6th ed.)
$ 850. Pradier-Fodéré, Traité de droit international public, vol. 2, p. 813, $ 1129. Cf., on
the other side, Rolin-Jaequemyns, op. cit., p. 325, and pp. 723-24, and Fusinato, p. 101.

® Documents, post, p. 942.
*The Danish Government has stated its support of a policy of self-determination in

148 PLEBISCITES

The situation in Schleswig serves to illustrate how, in order to effect a
permanent settlement satisfactory to all parties, a plebiscite is indeed essen-
tial, for the drawing of the boundary line according to statistics of race and
language, a method seldom satisfactory if what is wanted is to fulfill popular

the following official communication, made public by the Ritzau Press Bureau on Janu-
ary 25, 1919,

The North Schleswig question is for Denmark an exclusively national question. The
Danish nation hopes and longs for the return to the kingdom of Denmark of all who
speak and feel Danish, but we have no interest in the question beyond that of nationality.
Denmark's strength as a State would not be increased by the possession of a greater
part of Schleswig than that in which the people really desire to be united with us; such
possession would only create great political and administrative difficulties.

All the parties of the Rigsdag, and through them an overwhelming majority of the
Danish people, have declared, in the Rigsdag resolution of October 3, in favor of a solu-
tion along purely national lines as the only one that accords with the desires, sentiments,
and interests of the Danish people. This is exactly the same viewpoint as that of the
Danes in North Schleswig, as expressed in the resolution passed by the North Schleswig
Electoral Society at its meeting in Aabenraa, November 17.

We are therefore bringing before the Peace Conference the demand formulated by the
people of North Schleswig for a solution of the problem on the basis of the self-deter-
mination öf nations by means of a popular vote. This Government agrees with the Danes
in North Schleswig that a plebiscite would form the surest foundation for our reunion
in the future. In accordance with Article 1 of the Aabenraa resolution, this Government
believes that the correct procedure will be to have “ North Schleswig regarded as a unit,
so that the inhabitants by voting yes or no may indicate whether or not they wish to be
reunited with Denmark.”

The unquestionably Danish part of Schleswig is described in Article 2 of the Aabenraa
resolutions as follows: “ North Schleswig is that part of the Duchy of Schleswig bounded
by a line running from the southern point of Als, through Flensborg Fjord to the Kob-
bermólle Bay and along the Krusaa south of Fróslev, so that Padoberg will be the boundary
station, then following the waterways between Slogs and Kaer herred, Skelbaek, Sóndenaa,
and Hvidaa, to the point where Hvidaa turns to the north, when the line runs straight
out to the Western Sea and thence out to the northern point of Sild.”

In central Schleswig, on the other hand, a fair determination can be arrived at only by
voting in districts, as indicated in the Aabenraa resolution. If any hindrance should arise
to prevent a plebiscite of the Danes in North Schleswig — which the Government has no
reason to apprehend — then the line indicated in Article 2 of the Aabenraa resolution must
be made the basis of the regulation, since there is no doubt but that the population north
of this line can with safety be added to Denmark even without a vote.

The Aabenraa resolution, Article 5, declares that, as a matter of course, any districts
south of the line that express a desire for it should have a right to vote separately on
whether or not they wish to return to Denmark. In case anything should prevent a
plebiscite of these people also — which the Government has no reason to apprehend — it
would still be possible to receive back individual parishes which have an unquestionably
Danish-speaking majority, in accordance with the petition signed by 876 men and women
over twenty years of age in this district and sent in to this Government. There are,
however, some communes from which no petition has been received.

In the case of Flensborg and its immediate vicinity conditions are very different.
We can not consent to have these districts reunited with Denmark unless the inhabitants
express a desire for it through a free vote, since without a doubt the majority of the
people there are Germans. The petition from Flensborg is signed by 3,401 men and
women over twenty years, whereas the total population of that age must be estimated as

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ST. THOMAS AND ST. JOHN, WEST INDIES, 1868 149

desires, would be most inaccurate here. Even the Danish authorities agree
that although statistics yield a sufficiently definite language frontier, which
would leave to the south a large Danish minority in only one place, namely,
Flensburg, yet, in the triangle between this line, which juts down southwest
of Flensburg, and a line drawn, roughly, westward from the city, the popu-
lation, though Danish in language, is only exceptionally so in sentiment.
Nor can credence be given to an interpretation of votes in recent elections
under German rule, for in this region of sparsely populated moorland many
of the people of Danish language and sympathies have bowed before the
storm. There is this further objection that a division according to statistics
would disregard the historic desire for unity in the smaller group, a desire
which led the refugees in Copenhagen in 1848 to protest that they preferred
unity under Germany rather than division. This objection has an historic
claim to consideration although it is possible that the events of the past
seventy years have rendered its importance merely academic.

Tue ISLANDS OF ST. THOMAS AND ST. Jon, WEsT INDIES, 1868

The first plebiscite regarding a cession of sovereignty ever held in the
western hemisphere is that which was held in the islands of St. Thomas and
St. John, in January, 1868, on the question of their cession by Denmark to
the United States. It is a matter of some interest that both the vote and the
insertion of the clause referring to it in the treaty between the two Powers,

40,000. This Government is taking steps to have the Peace Conference guarantee the
freedom of the plebiscite in accordance with the desires of the Danish North Schleswigers
as expressed by the second Aabenraa resolution of December 30, 1918. Translation. From
The Nation, April 5, 1919. i

1 This statement is taken from the article by H. V. Clausen, “La situation des langues
en Nord-Slesvig après 1864,” in Manuel historique, p. 341. See map on opposite page,
which is a copy of that accompanying the article. According to the author's comment,
the colored part represents all of that part of Schleswig in which Danish is spoken by
the majority of the families owning land. To the south of this region there is only one
place, namely Flensburg, where there is any considerable Danish speaking minority, the
number there being about 4,000. The figures given on the map are of two kinds. In
North Schleswig these figures are in three sets (see note 1 on map). In the middle portion
of Schleswig, where the Danish language is still dominant, namely, that part contained
in the triangle bounded on the east by the peninsula of Anglia and on the west by the
Frisian territory, there is only one numeral under each commune (see note 2 on map).
This difference in the method of evaluation is caused by the difference in the sources
from which the statistics are compiled. In middle Schleswig, where the people, “although
Danish in language, are only exceptionally so in sentiment,” the statistics are based on
German works and, in particular, on the work of Adler, Die Volkssprach in dem Herzog-
thum Schleswig seit 1864. In the north, where it was possible for the Danes themselves
to take the statistics in each commune, the figures are more complete and more accurate,
except for the cities of Haderslav, Apenrade, Sonderburg and Tondern, where only an
approximate result could be secured.

150 PLEBISCITES

were directly due to the presence of Article 5 in the Treaty of Prague of 1866.
Owing to the fact that the treaty with Denmark was never ratified by the
United States and that thus the cession was never completed, the circum-
stances of the affair have been largely forgotten.

During the American Civil War the Government of the United States had
felt the need of a coaling station in the West Indies for which the three small
Danish islands of St. Croix, St. Thomas and St. John, the last two with
excellent harbors, were well suited. The islands had no great area or popu-
lation, St. Thomas being 12 miles long and 3 wide, with about 13,000 inhab-
itants, St. Croix, the largest one, being twice as large in area and population,
and St. John being about the same area as St. Thomas but with a much smaller
number of inhabitants. The people of the islands were largely negroes who
had been freed but not enfranchised, and, although Danish subjects, the lan-
guage in common use was English. According to a Danish estimate made
at the time there were in the three islands, even including the military force
. and the government employees, only about 200 people whose mother tongue
was Danish."

In pursuance of his policy of territorial expansion, and while the need of a
coaling station in the Caribbean was still a matter of public concern, Secre-
tary Seward on July 17, 1866, intimated to General Raaslof, the Danish Min-
ister at Washington, that the United States would be willing to pay five
million dollars for the three islands,? which were not only a source of debt
rather than of revenue to Denmark but were of little use to her in any other
respect. Her treasury, too, had been depleted by the recent disastrous war
with Prussia and Austria. Yet, coming as it did so soon after the loss of
Schleswig and Holstein, the proposal of a further reduction of her territory
did not appeal to Denmark. Fear of opposition from Great Britain and,
more especially, France, also deterred her from accepting the American offer.
Although certain informal conversations took place regarding the matter, it
was not until May 17 of the following year that the official Danish reply was
delivered to Mr. Yeaman, the American Minister at Copenhagen. The an-
swer was a counter proposition. Denmark would sell the smaller islands for
ten million and St. Croix for five, if the consent of France, which was neces-
sary for the transfer of the latter, could be obtained but for any cession

1 Faderlandet, Copenhagen, Aug. 29, 1867; United States, Compilation of Reports of

Senate Committee on Foreign Relations (Sen. Doc. No. 231, pt. 8. 56th Cong., 2d sess.),
p. 186.

2 Documents, post, p. 945. The sum fixed was that suggested by General Delafield as a
most generous compensation in his report to Mr. Seward on July 9, 1866, regarding the
value of the islands. U. S. Sen. Doc. No. 231, pt. 8, 56th Cong. 2d sess., p. 178.

8 The question raised as to the cession of St. Croix. grew out of the provisions of
Article 5 of the convention signed at Copenhagen June 15, 1733, by which France ceded
the island to the Danish West India Company. The article provided that the Danish

ST. THOMAS AND ST. JOHN, WEST INDIES, 1868 151

whatever, not only was the sanction of the Rigsdag required by the constitu-
tion but the Danish Government would also insist on the consent of the people
of the islands as well.!

To this Seward sent an answer on May 27 that the United States must
have all the islands and at a price not exceeding seven and one-half million
and that a plebiscite would be wholly unnecessary in view of the inclusion of
a two year option clause in the treaty draft which he was forwarding.? On
the receipt of a telegram from Washington, Yeaman submitted, on May 28,
to Count Frijs, the Danish Foreign Minister, the terms proposed by Mr.
Seward, with the condition that the treaty must be ratified by Denmark be-
fore August 4th or the negotiations would be considered at an end.

Mr. Seward had expressly withheld his consent that the ratification of the
treaty should await or depend upon a vote of the people of the islands. The
exact source of this objection of Mr. Seward's to a vote in the islands is not
clear. There are three explanations, first, that he feared that the influence
of Great Britain, France, and Spain would be excited to cause an adverse
vote; secondly, that if the islanders were allowed to vote on the question they
would then demand statehood; third, that haste was imperative owing to the
early adjournment of Congress. Whatever the ‘cause of his objection ‘he
adhered to it for many months, after all the other difficulties of price and
time of ratification were removed. The Danish Cabinet, on their side, was
equally insistent that a vote was imperative. For this they gave two reasons,
as stated by Yeaman in his dispatch of June 17. The first was that the mod-
ern custom of Europe upon the subject was so uniform as to amount to a
rule of public law, and that any departure from tt would cause comment and
discontent, and, the second, that Denmark, especially, could not afford to dis-
regard the rule as she would thereby infinitely weaken her claim to a plebiscite
in N orthern Schleswig. To Yeaman's arguments that the plebiscite would
offer opportunity for intrigue from without as well as tend to weaken the .
authority of the State over the subject, the Danish Cabinet, though doubtless
sympathetic, again dwelt on the Schleswig situation, whose force as an argu-
ment Yeaman was compelled to admit.

On June 17, Yeaman had forwarded Denmark's proposal to sell the two
islands of St. Thomas and St. John for seven and a half million dollars, and

West India Company should engage and obligate itself in a formal and authentic manner,
neither to sell nor to cede the island on any.terms to any other nation without the ap-
proval and consent of the King of France. See John Bassett Moore, Digest of Interna-
tional Law, vol. 1, p. 603, note a. |

1 Documents, post. p. 946.

? Documents, post, p. 948. Article 3.

2 Cf. Frederic Bancroft, Life of William H. Seward, vol. 2, p. 483, and Waldemar
Westergaard, The Danish West Indies, p. 259.

152 | PLEBISCITES

to make St. Croix the subject of separate negotiations. Seward, early in
July, cabled to close with the offer, but with no indication that he yielded on
the matter of the vote. Finding the Danes still insistent on the vote, Yeaman
cabled for instructions and received the answer “ Do not agree to submit the
question.” Congress being about to adjourn, the immediate need for haste
would appear to have passed, but there was another reason which still made
Seward insistent against delay. The return of peace had gradually elimi-
nated the importance of a coaling station in the West Indies from the public
mind whose demand for expansion had been gratified by the acquisition of
Alaska. For these reasons the negotiations for St. Croix were eventually
abandoned. | |

Despite the diplomatic concern of the Danish Government not only that the
vote should be held but that it should be stipulated in the treaty, Count Frijs,
in order to meet Mr. Seward's objection, after the other points of difference
had been disposed of, on August 17 signified his willingness to yield the de-
mand for a conditional clause in the treaty, if, instead, there should be in-
serted an allusion to the intention of the Danish Government to take the
vote. This Yeaman refused at first, but finally took ad referendum, and, on
September 27, forwarded the text of the clause as drawn up by the Danish
negotiators. Convinced at last by the repeated advices of his Minister that
Denmark would not yield and that if there were no vote there would be no
cession, Seward, early in October, yielded to the Danish insistence for a plebis-
cite so far as to cable the withdrawal of his objection to the vote, if the con-
dition of the vote were not mentioned in the treaty.! In yielding this Seward
was doubtless influenced by Yeaman's account of sentiment in the islands, the
word received in Copenhagen being that the people were well disposed for
union and would give it a good majority, and by the warning that, news of
the negotiations having leaked out, France was already protesting and similar
protests were expected from Great Britain.” On receipt of Seward’s tele-
gram Yeaman informed Count Frijs that a clause would be inserted simply
stating the fact that the King would afford the people an opportunity of
freely expressing their approbation of the cession.

The treaty draft was signed at Copenhagen on October 24. Article 1 con-
tained the clause that the King of Denmark would not exercise any constraint
over the people and would, therefore, as soon as practicable, give them an
opportunity to express freely their wishes in regard to the cession. In addi-
tion to this the option clause was retained.? |

It now remained to take the vote. On October 1, before the treaty had

1 Documents, post, p. 959.
2 Documents, post, p. 959.
8 Documents, post, p. 960.

ST. THOMAS AND ST. JOHN, WEST INDIES, 1868 153

been signed, General Raasloff, now the Danish Prime Minister, had suggested
to Mr. Yeaman that as an agreement seemed probable, the American Govern-
ment should send to the islands both ships of war and agents, “ properly pro-
vided with instructions and all that may be useful to assist the Danish com-
missioner in his work and to do whatever else circumstances may require.” !
Rear Admiral Palmer was accordingly ordered to St. Thomas with the Sus-
quehannah, and the Reverend Charles Hawley of Auburn, New York, was
appointed by Secretary Seward to act as confidential representative to help
secure a favorable decision. His instructions were to present to the inhabit-
ants the advantages of the change of sovereignty, and, especially, the great
market that they would gain for their products as well as the further prosperity
which would result from the proposed naval station. In all things, however,
he was to cooperate with the Danish commissioner, deferring to his judgment.

Hawley, accompanied by two assistants, arrived at the islands on Novem-
ber 12. The Danish Commissioner arrived some ten days later, and at once
invited the American agents to confer with the Danish officials. The Danish
government was as eager for a favorable vote as was the American govern-
ment. Chamberlain Carstensen, the Danish comntissioner, was frankly un-
willing to order an election until reasonably assured that the vote would be
favorable. The agents of both governments were convinced that the mass of
the inhabitants were for the cession, but that the mercantile interests of St.
Thomas would be a unit against it unless they should receive some assurance
from the United States that the status of St. Thomas as a free port would be
preserved, at least for a certain period, and thus the trade with the other
islands, which was the chief source of their income, remain unhampered. This
demand of the merchants was presented to the American representatives at a
formal conference convened bv the Governor at the request of the Danish Com-
missioner. It was a demand to which the American agents could only answer
that it was a matter for Congressional action, but that no doubt such action
would be generous. The Danish Commissioner, however, was unwilling to
chance a vote on such a vague declaration and decided to take advantage of
the disorganization due to a recent great earthquake and tidal wave, and to go
himself to Washington hoping to obtain some more definite promise which
would insure a favorable vote. Hawley went with him on the journey. Be-
fore their departure the royal proclamation of the King of Denmark was read,
acquainting the islanders with the provisions of the treaty. Dissatisfied with
its contents the merchants of St. Thomas at once forwarded to the Commis-
sioner a set of additional articles containing the stipulations as to trade and
other matters which they desired.2 The memorial and articles were duly laid

1 Documents, post, p. 957.
2 Documents, post, p. 971.

154 PLEBISCITES

before the President at Washington, and Seward replied that no further
negotiation could be entered upon either with the Danish Commissioner or the
local authorities. This reply was addressed to Hawley and at the same time
his mission was terminated, the Danish Commissioner having informed the
Secretary that the prospect for a favorable vote was good and that no further
action from Mr. Hawley was necessary.

_ On Carstensen's return to St. Thomas on January 1, he at once announced
that the vote would be held on the ninth, On the fourth the citizens who had
drawn up the memorial were invited to Government House to hear the result
of his visit to Washington. The Commissioner confined himself to the state-
ment that “ the inhabitants of St. Thomas, by annexation to the United States,
will secure rights superior even to those which they have so long enjoyed,” and
after warning them that if the United States should buy a naval base from
some other Power in the West Indies their prosperity would be seriously im-
paired, he urged on them that while opposition to annexation might prejudice
the future commercial position of the port, a great majority for the transfer
would react favorably.

The qualifications for the franchise had been discussed by Yeaman and the
Danish Cabinet as far back as July 12 of the previous year.! Yeaman had
told Seward that he would insist that all foreigners domiciled in the island
merely for business purposes should be excluded, and that all native born sub-
jects of Denmark, white or black, should vote: — this not only because the
vote of the colored people would probably make a favorable result more cer-
tain, but also because it would better comport with their future position as
United States citizens. Although manhood suffrage was an innovation in
the islands, such were the final provisions.?

The polls were opened on Thursday, January 9, at 8 o'clock, under the
supervision of a committee of five, whose chairman was a judge, and in the
presence of the Danish Commissioner and two other royal officials. The
ballots were of two colors, thus preventing any secrecy. Indeed, the local
paper gives the name and vote of the first man to drop his ballot in the urn.
Fither the cession was really desired or the people had taken the Commis-
sioner’s words to heart, for the result was 1,039 votes for cession and only
twenty-two against it. In St. John the vote was 205 in favor and none in
opposition. As Yeaman had anticipated, the colored vote, enfranchised for
this occasion, was wholly in favor of the cession.®

The treaty was immediately ratified by the Rigsdag and signed by the King.
Action was never obtained in the United States Senate, however. In the

1 Documents, post, p. 951.

2 See Extract from St. Thomas Tidende, Documents, post, p. 974.
8 Documents, post, p. 975.

ST. BARTHOLOMEW, WEST INDIES, 1877 155

Foreign Affairs Committee the treaty had no champion and in Sumner, the
chairman of the Committee, it had a strong opponent. Nor was there any
considerable public sentiment in its favor. The treaty was laid on the table
until, in 1870, the Committee reported unanimously against it and it was
allowed to lapse. A second treaty, drawn up in 1901, failed of ratification by
the Landsthing. This treaty contained no mention of a vote, nor did the
final treaty, ratified in 1917, by which the islands, now including St. Croix,
were finally ceded ‘to the United States in consideration of a payment of
twenty-five million dollars. Before the ratification of this last treaty, in re-
sponse to a popular demand, a plebiscite was held in Denmark on the subject
of the cession,! but, contrary to the current impression, no official vote was
held in the islands. There were several mass meetings held and informal
votes taken which, though naturally inconclusive, appear to indicate an over-
whelming sentiment for the cession, but the only formal expression of opinion
came from the island legislatures, which had voted overwhelmingly for the
cession and had sent delegates to Copenhagen to press the matter.

THE PERIOD OF 1871-1914
ST. BARTHOLOMEW, WEST INDIES, 1877

. The island of St. Bartholomew, in the West Indies, after having been under
French sovereignty for over a century and a half, had been given to Sweden
in 1784 in return for the economic advantages about to aocrue to France
from the establishment at Gothenburg of a warehouse for French merchan-
dise. The island, which measured twenty-five kilometers in circumference
and had a population of about 2400 inhabitants, proved to be of little use and
considerable burden to Sweden, who had no other possessions in the neighbor-
hood. Accordingly, the Swedish Cabinet, in 1877, offered to cede the island
back to France, to which Power, with colonial possessions already in the
immediate vicinity, it would be of considerable value. On August 10, 1877,
the treaty was signed by the two Governments.? By Article I, the cession was
made conditional on the consent of the population of St. Bartholomew. The
French Minister of Foreign Affairs, on presenting the reasons for the treaty
to the Chamber, on November 12, attributed the initiation of this condition to
the Swedish Government. It was, he said, however, a demand “ too much in

1 The new Danish constitution had doubled the electorate by enfranchising women and
domestic servants, and reducing the age requirement for electors. Owing to this there
arose a sentiment that the old Parliament was not competent to pass on the question.

2 Documents, post, p. 977.

156 PLEBISCITES

conformity with our sentiment and with the rules of our public law for us to
make any objections.” Such, indeed, may have been its parentage, and yet
the thought suggests itself that the vote of 1878 in St. Bartholomew, like the
vote of 1868, in the Danish Islands, probably signifies the desire of a Power,
recently bereft of its territory by Prussian aggression, to point out the weak-
ness of the victor’s title by insisting upon the validity of the principle of self-
determination in international law.

It had been agreed that while the terms of the protocol which was to settle
the several details of the transfer were being discussed the vote should be
taken. This was done under universal manhood suffrage of the Swedish citi-
zens of the island.! Although they had been under Swedish sovereignty for
a century, there had been practically no colonization and the people had re-
tained.their French customs and language. The result of the plebiscite, which
gave three hundred and fifty votes for union and only one against, occasioned
no surprise.? The protocol, which was not concluded until after the plebiscite,
contained a generous provision allowing those wishing to retain their Swedish
citizenship to do so without leaving the island, unless they should become a
menace to public order.

On January 22, 1878, the resolution approving the treaty was adopted by
the French Chamber of Deputies. Deputy Lacascade in seconding it referred
to the original autocratic cession to Sweden with the comment, “ today, thank
God, public European law is greatly changed in this respect; the retrocession
. . . has not been submitted to you until after a solemn and free vote, a real
plebiscite of the inhabitants.” Another deputy, from his place, added, ‘ We
shall vote for it the more willingly as it recognizes the right of plebiscite in its
full extent,” ® and with a vote of 425 to 8, the Chamber adopted the resolution.

THE TACNA-ARICA QUESTION, 1883—

The Tacna-Arica question dates from the War of the Pacific, which began
in 1879, between Chile on the one part, and Bolivia and Peru on the other,
and was terminated by the Treaty of Ancon, in 1883.

During the war Chile had occupied not only all the Bolivian littoral, but also
the three southern Peruvian littoral provinces of Tarapacà, rich in nitrates

1 Victor M. Maurtua, The Question of the Pacific, translated by F. A. Pezet, p. 242,
quotes extracts from correspondence between the Swedish and French Governments,
showing that the latter had raised the question whether foreign residents might vote and
that the Swedish Government had answered unequivocally in the negative.

2 The table given in Documents, post, p. 983, note, gives the number of males over
15 years of age as 617.

8 Translation from Annales du Sénat et de la Chambre des Députés, Session ordinaire
de 1878, vol. 1, p. 151.

de 1878, vol. 1 p. 151.

+ =, en —s-

THE TACNA-ARICA QUESTION, 1883— 157

and guano, and the source of most of the revenue of Peru, and Tacna and
Arica, which contained the important port of Arica. By the Treaty of Ancon,
Peru ceded Tarapaca outright to Chile. She did not, however, cede the
provinces of Tacna and Árica, but agreed that they should remain in the pos-
session of Chile, and subject to Chilian laws and authority for ten years; at
the expiration of this term a plebiscite was to decide whether or not the prov-
inces should “ remain finally under the dominion and sovereignty of Chile, or
continue to form a part of Peruvian territory.” The details of the plebiscite
as well as of the payment of the ten million dollars which the winner was to
make over to the loser, were to be established by a special protocol.!

As the subsequent controversy turns on the significance and interpretation
of this article, it is interesting to trace its origin. Whoever had been the
aggressor in the war, — and it is a point still in dispute, — it soon became
evident that Chile would be the victor. In order to prevent an unnecessary
prolongation of hostilities, President Hayes offered the mediation of the
United States which was accepted in October, 1880, and the negotiations were
held on board the U. S. S. Lackawanna. The mediation was unsuccessful.
Chile, already in occupation of Tarapacà, Tacna, and Arica, insisted on abso-
lute cession of the first province, and occupation of the others until peace
should be signed, as security for indemnity, and Peru absolutely refused these
conditions or any cession of territory whatever. When hostilities were re-
sumed, Chile occupied Peru, arrested Calderon, the President, for alleged
efforts to revive Peruvian resistance, and exiled him to Chile. President
Arthur thereupon renewed the efforts of the United States to bring about an
agreement. The Blaine-Trescot Mission was instructed to exert its efforts
to induce Peru to concede a suitable monetary indemnity and to persuade
Chile to be content with this and to relinquish her claim to any cession of
territory. This effort at mediation being also unsuccessful, in June, 1883, a
third attempt was made to end hostilities and the United States Ministers at
Lima and at Santiago were instructed by Secretary Frelinghuysen ? to save to
Peru as much of her three provinces under occupation as was possible in the
treaty of peace.?

Mr. Logan, United States Minister to Chile, proceeded accordingly to open
negotiations with Sefior Aldunate, Chilean Secretary for Foreign Affairs,
and with the captive Peruvian President, Calderon. Logan submitted vari-
ous formal propositions, some of his own devising, to both parties. Of these
propositions, which included arbitration, limited occupation, sale, and division
of the two provinces, one, which was of Chilean origin and which was put into

1 Treaty of Ancon, Article 3, Documents, post, p. 992.

2 Secretary of State under President Arthur.
® Mr. Frelinghuysen to Mr. Logan, June 26, 1882, Documents, post, p. 985.

158 PLEBISCITES

formal shape by Logan, was in essence that adopted in the Treaty of Ancon,
with the difference that the military occupation of Chile was to be for a five,
and not a ten year period. This proposition, as well as the others, was
refused by Calderon. Chile, finding it impossible to make an agreement with
Calderon, then conceived the plan of supporting for the office of President of
Peru, the Peruvian General Iglesias, who had a considerable backing in Peru
from those who desired peace. Before supplying him with arms, however,!
the Chilean Government secured an agreement from him as to Tacna and
Arica, on the lines of the one submitted by Logan to Calderon and which is
substantially the same as that embodied later in the Treaty of Ancon.?

Iglesias formed his government in August, 1883, and it having been duly
recognized by Chile, the Treaty of Ancon was signed at Lima on October 20,
1883, and ratifications were exchanged on March 28, 1884. From Bolivia,
Chile obtained a truce agreement giving indefinite occupation of the Bolivian
littoral,® and thus acquired possession of a continuous coast line to the north-
ern boundary of Arica.

The Treaty of Ancon, in stipulating a plebiscite at the end of the ten-year
period, had stated that a special protocol should establish the form in which
the plebiscite should take place and the conditions and periods of payment of
the ten million dollars which was to be paid by the country remaining in pos-
session of Tacna and Arica. The plebiscitary clause in the Treaty of Ancon
was certainly not due to the idea that there was any appreciable desire for
ammexation latent in the inhabitants at that time. The provinces had never
been Chilean, nor were the Chilean immigrants, though numerous, in sufficient
numbers to suggest a close vote. The census of 1876, the last official census
previous to the war, puts the Peruvian population at 17,013 while the Chilean
residents numbered 9,664.4 The first negotiations, after the treaty was
signed, were occupied with the Peruvian offer to hypothecate the Chilean
claims by means of the customs receipts of the port of Arica. Chile, on the
ground that she was unwilling to surrender her expectation of possession of
the provinces, refused this." Thereupon a series of conferences, known as
the Jiménez-Vial Solar negotiations, followed, for the drawing up of the spe-

1Letter of the United States Minister to Peru, to Mr. Frelinghuysen, October 3, 1882.
United States Foreign Relations, 1883, p. 720.

2 Documents, post, p. 991.

8 The treaty of truce with Bolivia was signed on April 4, 1884. State Papers, vol. 75,
p. 367. The treaty of peace giving permanent possession, was signed May 18, 1895. Ibid.,
vol. 88, p. 755.

4 Victor Maurtua, The Question of the Pacific, English edition by F. A. Pezet, p. 148.

5 For the negotiations from 1892-1900, see Ministerio de relaciones exteriores del Peru
— Circular sobre la cuestión Tacna y Arica, also Egaña, The Tacna and Arica Question,

pp. 82 et seq., and Maurtua, pp. 170 et seg., and Victor Andrés Belaunde, Nuestra cuestion
con Chile.

THE TACNA-ARICA QUESTION, 1883— - 159

cial protocol. The question of the auspices under which the plebiscite should
be held was the first to arise. Peru claimed that the treaty was so worded as
to indicate that Chile’s title to occupation should expire ten years from the date
of ratification, that the provinces should then return to the authority of Peru
as the legitimate sovereignty, and that the plebiscite should then be held under
Peruvian auspices. Chile, denying the propriety of this interpretation of the
treaty, insisted that, according to its terms, her occupation was to cease only
after an unfavorable vote, held under her own auspices. As a compromise,
Peru offered to allow the plebiscite to be held under the auspices of a neutral
power. This Chile refused. Peru has continued since this date to propose
neutral auspices as a solution and Chile has held consistently to her first
refusal.

The determination of the proper electoral qualifications was from the first
another difhculty. Peru had asserted that only those Peruvians born or domi-
ciled in the provinces should vote in the plebiscite. Chile claimed that not only
should all Chilean as well as Peruvian residents be allowed to vote, but also all
resident foreigners. As no agreement could be reached the Peruvian Foreign
Minister proposed that the provinces be divided into zones, each country to
establish the electoral qualifications for its respective zone.? This plan fail-
ing, he proposed arbitration on the question of electoral qualifications, as well
as of the auspices under which the vote was to be taken, but without success.
The Jiménez-Vial Solar protocol was finally signed, to the indefinite purport
that the plebiscite should be held under those conditions of reciprocity which
both governments should deem necessary in order to obtain an honest election,
the payment of the indemnity to be by public bonds. Whichever country
should lose the plebiscite should have the right to rectify its frontier by ad-
vancing to a certain point. By the time the protocol had been signed, however,
the Chilean administration had changed, and the protocol was not ratified.
The Peruvian proposal made on February 23, 1894, in elaboration of the
protocol and providing that the election be under a mixed commission of one
Chilean, one Peruvian, and a third member appointed by a friendly Power, and
that all Peruvians and Chileans over 21 or married, and actually resident in
the provinces, should vote, did not meet with Chile's favor. Chile particularly -
objected to the proposed exclusion from voting of all armed forces and public
officials, and to the requirement of a two years’ residence, as practically ex-
cluding all Chileans. The ten-year period provided in the treaty had now

1 Egaña, p. 85; Maurtua, p. 181.

2 Pradier-Fodéré, article in Revue de droit international et de législation comparée,
vol. 29, 1897, p. 660. Maurtua, p. 182, says that the proposal came first from Chile and
that the Peruvian Congress repudiated it.

8 Documents, post, p. 995.

160 PLEBISCITES

expired. After various new proposals to divide the territory into zones, Chile
at this point in the negotiations adopted the policy of insisting upon an agree-
ment as to the method and guarantee of payment of the indemnity of ten
millions as one on which decision was essential before the actual conditions of
the plebiscite should be determined. There followed lengthy negotiations on
the subject of guarantees, Chile professing a fear that Peru would be unable
to pay the indemnity should the vote be in her favor — a fear somewhat justi-
fied by the financial condition of Peru and by the fact that Chile had already
deprived Peru of her richest province, Tarapaca, by the Treaty of Ancon —
and proposing that the money should be paid practically immediately on the
taking of the vote. Peru argued that as Chile was already in possession of
the two provinces she held sufficient guarantee. This Chile declared to be
unacceptable; nor did the further Peruvian proposal of guarantee by a lien
on the salt monopoly satisfy her. The question of whether or not the district
of Tarata was properly included in the province of Tacna further complicated
the affair. Meanwhile, a secret treaty delimiting frontiers had been negoti-
ated between Chile and Bolivia. A storm of protest was aroused in Peru
when the terms became known, and Peru learned that Chile in return for a
promise of five million dollars had ceded Tacna-Arica to Bolivia in case the
plebiscite should be favorable, and had promised to do all in her power, either
separately or together with Bolivia, to obtain final possession. Further, she
had promised outright to Bolivia a part of the disputed territory, the Cove of
Vitor, whether or not the plebiscite should be favorable.* Although the
treaty failed of ratification, its negotiation throws an interesting light on
Chilean diplomacy.

In the negotiations from 1895 to 1898 the Chilean Minister successively
proposed three solutions: the first, that Chile should buy the provinces out-
right; the second, that Peru should take Tacna, and Chile, Arica, without
indemnity ; and, lastly, that each country should advance its frontier, Peru to
Chero, and Chile to Vitor, the plebiscite to be held in the intermediate area.
The Peruvian government refused each offer in turn, and insisted on abiding
by the treaty stipulations. In consequence of the Peruvian stand, discussion
‘ again centered on the bases of the plebiscite, and it was resolved that these
should be studied in the following order: electoral qualifications; open or
secret ballot; auspices; and the conditions and guarantee of the indemnity.
Chile insisted that all inhabitants, irrespective of nationality, should vote and
that the ballot should be secret. Peru contended that only natives born in the
territory or resident there should be given the ballot and that the vote should
be open. No agreement could be reached on these points and in the conven-

1 Documents, post, p. 997.

THE TACNA-ARICA QUESTION, 1883— 161

tion, called the “ Billinghurst-Latorre Protocol,” which was finally signed, the
questions of electoral qualifications and the secret ballot were submitted to the
arbitrament of Spain. The protocol, however, determined outright that the
auspices should be a directive committee of three, one representing Peru, one
Chile, and the third member representing Spain. The details of the election
machinery and the condition of the payment of the indemnity were also set-
tled.! This protocol, formally signed by the two plenipotentiaries, was sub-
mitted to their respective governments. It was ratified by the Peruvian Con-
gress, in which any opposition was silenced by the argument that the Schleswig
fiasco must not be repeated; and it was also ratified by the Chilean Senate,
which was then apprehensive of war with Argentina, but the Chilean Chamber,
after having approved it in principle, withheld its sanction on finding the
differences with Argentina settled, and, in 1901, returned the protocol with a
recommendation that the points there left to an arbitrator be settled directly
by the two governments and that new diplomatic proceedings be undertaken
for the fulfilment of the third clause of the Treaty of Ancon.?

From this time the Chilianizing of the two provinces, which had been going
on for years, appears to have become an active policy. The schools, to which
the Peruvian Government had continued its support, were closed, teaching of
Peruvian history was forbidden, the pulpit and press were gagged, Peruvian
laborers were boycotted and there was constant interference in commercial
matters. ¿ Finally, in 1901, diplomatic relations were broken by Peru, who
recalled her minister and addressed to the foreign chancellories a note placing
on Chile the burden of failure to fulfill her treaty obligations.‘ Relations
were resumed shortly, but the exchange of notes of 1905 and 1908 were as
futile as ever, for the question of auspices and electoral qualifications were
still insoluble. Chile continued to insist that the plebiscite should be held under
her own authority, with the aid of Peruvian commissioners, and that all in-
habitants who had lived in the provinces for a certain time, whether citizens
or not, should vote. Not only were these conditions still unsatisfactory to
Peru, but a fresh grievance was presented by the new boundary treaty between
Chile and Bolivia, signed on September 23, 1902, which, in defining the
boundary line between the two countries, treated Tacna and Arica as an
integral part of Chile, and which further provided for the construction of a

1 Documents, post, p. 1000.

2 Maurtua, p. 278.

8 Ibid., p. 250. It is said that this persecution has resulted in the emigration of some
18,000 families to Peru. °

‘Cf. the circular note to the Peruvian representatives in foreign countries, published
in in pamphlet form by the Peruvian Department of Foreign Affairs, November

162 PLEBISCITES

railway from Arica to La Paz. Against these acts of sovereignty the Peru-
vian Government protested on the ground that Chile was not the sovereign
but merely the occupant of the.two provinces.! To this Chile answered that
Article 3 of the Treaty of Ancon, ceded to Chile free and absolute sover-
eignty over the provinces, without any limitation save that of the period of
duration. Peru replied by referring to the Bolivian recognition of her rights
over Tacna and Arica in the boundary treaty between Peru and Bolivia, of
September, 1902.?

Aside from the exchange of views regarding the Peruvian protest, the
negotiations of 1905 and 1908 were concerned with attempts by Chile to sub-
stitute a commercial agreement for the vote, and, this failing, a proposal for
an increased indemnity to be paid by the winner of the plebiscite. There
was also a detailed discussion of the position of the two countries on the
matter of auspices and electoral qualifications.

It is at this period that we find for the first time the argument since be-
come the fundamental one of the Chilean case; namely, that of simulated
cession. This ingenious and interesting argument is to the effect that, as in
all the historical cases of plebiscites the vote has gone for the annexing Power,
the stipulation for a plebiscite in the Treaty of Ancon was understood by both
parties to be merely a cloak for a definite cession and that therefore the plebis-
cite should either not be held or, if held, should be surrounded by such condi-
tions that the vote would surely go for Chile as the annexing Power? To
support this argument two cases are cited, those of Savoy and Schleswig: It
is scarcely surprising that Peru objects to the attempt to draw analogies from
cases differing so widely from the one under discussion. The argument of the
simulated cession would, to an American, appear to be thrown out by the fact
that the American Minister to Chile was so intimately concerned in its incipi-
ency and, indeed, there can be quoted contemporary statements of- both Novoa
and Aldunate to the purport that the proposal was genuine.* Chile showed
further ingenuity in the argument which she advanced for allowing

1 For the negotiations from 1906 to 1908, see Documents, post, pp. 1012 et seq.

2 Descamps, E. E. and L. Renault, Recueil international des traités du XXme Siècle,
p. 426; translation in American Journal of International Law, Supplement, vol. 3. p. 381.

3 See Note of the Chilean Minister, March 15, 1905, Documents, post, p. 1014. Cf,
also, Observaciones á la nota del Excmo. Sr. Seoane, de 8 de Mayo de 1908, por el Consultor
Letrado del Ministerio de Relaciones Exteriores de Chile, señor Alejandro Alvarez, Chile,
Ministerio de relaciones exteriores, Comunicaciones cambiadas entre las Concillerias de Chile
y el Perú y algunos antecedentes sobre la cuestión de Tacna y Arica, 1905-1910, commonly
called the Rose Book of Chile, 2d ed., Santiago de Chile, 1912.

4 Cf. Belaunde, pp. 96-103. The statement by Novoa is quoted from a work by Sr.
Larrabure, at one time vice-president of Peru. Those from Aldunate are from Memoria
de R.R. E.E. de Chile, 1883, pp. 78-91.

THE TACNA-ARICA QUESTION, 1883— | 163

foreign citizens to vote in which she declared that an international plebiscite
is different from an election concerned only with domestic affairs, and that
therefore the customary rules should not apply. Resident foreigners not only
have an interest in the questions of sovereignty, runs the Chilean reasoning,
but, as neutrals, their vote would correspond to the service of a third person in
arbitral procedure. For this position Chile is forced to acknowledge that she
abandons all precedent and bases her claim on considerations of equity in-
stead. As it is well known that the foreign residents would vote to continue
the Chilean rule, Peru is not inclined to acknowledge the equity of the basis.
The next exchange of proposals for a protocol occurred in 1909-10. In
these Chile still insisted on the propriety of allowing all foreigners, as well as
Chileans and Peruvians to vote,! demanding only the qualifications of literacy,
and a residence of six months. Although conceding a mixed board, of one
Chilean, one Peruvian and one representative of the foreign residents, to ad-
minister the plebiscite, she insisted that the chairman of this, as well as of all
subordinate committees, should be the Chilean member. In all other matters
Chile suggested that the provisions of the Billinghurst-Latorre Protocol
should be followed. Peru answered by requiring that the right to vote be
limited to Peruvians and Chileans of 21 years of age, who had been born in
Tacna-Arica, or had resided in the territory since July 1, 1907, and who should
be present and registered at the time of the vote, public employees and mem-
bers of the army or police alone to be excluded. As for the literacy test,
although Peru has such a test in her own elections, she has always insisted
that in questions of so fundamental a nature as that of change of sovereignty
only universal manhood suffrage is suitable. With regard to the electoral
board, Peru insisted that the presidency should belong to a neutral member,
appointed by a friendly Power. She further proposed arbitration on any
disputed points. Chile answered the Peruvian proposals by a note of March
3, 1910, making only very minor concessions, and refusing arbitration. Twice
Chile has arbitrated boundary disputes with Argentina. She has consistently

1 No statistics are available regarding the different groups in the disputed provinces
as the Chilean census omits to give any figures for them as distinguished from the rest
of the country. The total population is probably now between ten and thirteen thousand.

? Under both the Peruvian and the Chilean law the qualifications for the electorate are
citizenship, literacy and attainment of the age of 21. In Chile domestic servants are dis-
qualified. Chile requires a year’s residence before naturalization. Peru requires a still
shorter period.

8 Further, since the closing of the Peruvian schools by the Chilean authorities, in 1901,
the Peruvian inhabitants of the provinces have been under great disabilities in getting a
schooling for their children, which should not at the same time destroy their Peruvian
patriotism, a matter which, in view of the future plebiscite, was one of importance to the
Peruvian inhabitants.

164 PLEBISCITES

refused to arbitrate that with Peru, and, no doubt with it in mind, has made a
point of abstaining from accepting, at least without a reservation, any and all
proposals for compulsory arbitration of any such questions, both at The Hague
and at the Pan American Conferences.

In protest against the treatment of the Peruvian inhabitants of Tacna and
Arica, and especially the expulsion of the parish priests who, in spite of Chilean
arguments directed to the Holy See, were still under the ecclesiastical juris-
diction of the Bishop of Arequipa, diplomatic relations were again broken by
Peru, in March, 1910. In 1912 President Billinghurst, soon after his instal-
lation as President of Peru, opened the question once more. In accordance,
it is said, with a previous agreement with the Chilean Government, a telegram
was sent to the Chilean Government by Wenceslao Valera, Minister of For-
eign Relations for Peru, proposing that the plebiscite be held in 1933, that the
suffrage should be limited to natives of the provinces and to Peruvians and
Chileans who should have enjoyed three years’ residence, that a literacy quali-
fication should be included, and that the presiding officer of the directing com-
mission should be the Chief Justice of the Supreme Court of Chile? Chile
at once accepted the proposal, which is referred to as the Valera-Huneesis
agreement, but although the negotiations were secret, it became known in
Peru that exchanges surrendering two of the cardinal points of the Peruvian
contention were under way and indignation on this score served to increase
the popular discontent with the Billinghurst government and was a contribu-
tory cause of the revolution which followed. Relations between the two
countries have never been resumed, nor have further exchanges of an official
nature occurred. As a result of demonstrations in Iquique immediately after
the armistice in the European war, even consular relations have been broken
off. The situation is now further complicated by the renewed exodus of

1 In accepting Article 39 of the Hague Convention of 1907 for the pacific settlement of
international disputes, the Chilean representative carefully excepted all questions of origin
previous to the signing of the Convention. “La Délégation du Chili désire faire la
déclaration suivante au nom de son Gouvernement á propos de cet article. Notre Déléga-
tion au moment de signer la Convention de 1899 pour le réglement pacifique des conflits
internationaux l’a fait sous la réserve que l’adhésion de son Gouvernement en ce que
concernait l’article 17 ne comprendrait pas les litiges ou questions antérieures à la célébra-
tion de la Convention.— La Délégation du Chili croit de son devoir renouveler aujourd'hui
à propos de la même disposition la réserve qu’elle a déjà faite auparavant, quoiqu'il ne
soit pas strictement nécessaire en vue du caractère même de la disposition.”— Déclaration,
Deuxième conférence internationale de la paix, La Haye, 15 juin-18 octobre, 1907, ‘Actes
et documents, vol. 2, p. 121.

Article 39 of the Hague Convention of 1907 for the pacific settlement of international
disputes, reads as follows: “La convention d’arbitrage est conclue pour des contestations
déjà nées ou pour des contestations eventuelles.— Elle peut concerner tout litige ou seule-
ment les litiges d’une catégorie déterminée.

2 Documents, post, p. 1049.

SEPARATION OF NORWAY FROM SWEDEN, 1905 165

Peruvians from Tacna and Arica and by the effort of Bolivia to gain an outlet
to the sea by securing the two provinces, an arrangement which certain Chilean
groups regard with favor, but which is displeasing to Peru.

THE SEPARATION OF NORWAY FROM SWEDEN, 1905.

The union of Norway and Sweden, which was established by the Act of
Union of August 6, 1815, and was maintained until 1905, was a voluntary
personal union of two separate and equal kingdoms under one sovereign.!
The voluntary nature of the union was emphasized by the preamble of the
Act of Union, entered into by the parliaments of the respective kingdoms,
which declared that the union had been effected not by force of arms but by a
free and voluntary resolution which could not and ought not to be maintained
except by a mutual recognition of the legitimate rights of the peoples, for the
support of the common throne. The equality established by the act was, how-
ever, perfect in theory only. Although each kingdom had its own parliament,
army, navy, and customs system, a separate commercial flag, and, to a certain
extent made separate treaties,? the foreign relations of the two kingdoms and
the diplomatic and consular services were in the hands of Sweden.

Of the several important questions regarding the mutual relations of the two
kingdoms which arose in the succeeding years, the most important was that of
the consular service. The demand for a separate consular service was raised
in Norway in 1892. The two kingdoms, which were in many ways commer-
cial rivals, had different commercial systems, Sweden having protection and
Norway approximately free trade. In some places where consuls were main-
tained, Norway had no interests whatever. The injustice of this was aggra-
vated for Norway by the fact that Norway paid 41% per cent of the expenses
of the service. “The matter was the subject of incessant negotiation between
1892 and 1905. Several joint committees were appointed to consider a solu-
tion, but whatever agreements were reached by them were opposed by the
Swedish Ministry. The Norwegians had in 1815 desired independence, and
it was not surprising that talk of separation should revive. From the begin-
ning of its formation, in 1869, the Great National Party of the Norwegian
Left had held dissolution as its cardinal tenet. The Conservatives still upheld
the union, but the obstinate stand of the Swedish Government was gradually
alienating their support.

1“ Le Royaume de Norvège formera un Royaume libre, indépendant, indivisible et
maliénable, réuni avec la Suède sous un méme Roi.” Act of Union, August 6, 1815, Article
I. British and Foreign State Papers, vol. 5, p. 1049. The Union was based on this act
and not on the Treaty of Kiel of 1814.

2 The United States in 1893 signed separate extradition treaties with Norway and :
Sweden, the one with Sweden signed January 14 and with Norway, June 7.

t

166 PLEBISCITES

The consular question finally reached a crisis in 1905. Both houses of the
Norwegian Storting had in May passed a law providing for a separate con-
sular service, hoping that the King would give his consent to the unanimous
wish of the Norwegian people. This the King refused. The Norwegian
Ministry thereupon resigned, and no one of the political leaders could be
prevailed upon to form a new one. On June 7 the Storting was assembled
to take action. The Prime Minister informed the Storting that all the mem-
bers of the Government had resigned, that the King had refused to accept the
resignations, and that as an alternative government could not be formed the
royal power had ceased to function and the union was therefore dissolved.
The Storting at once adopted this resolution, conferring on the Ministry the
power hitherto belonging to the King, and voted an address to the King set-
ting forth the reasons for the dissolution and asking permission to elect a
prince of the House of Bernadotte as King of Norway.

Sweden had to face a grave problem in her answer to this decisive action.
The Swedish nobility was strong, jealous of Swedish honor and proud of
Sweden's former greatness. Sweden was twice as populous as Norway. As
was naturally to be expected, a Swedish war party was at once formed. The
situation was, however, most unfavorable to war, even in the eyes of the
militarists. Norway, though small, was well prepared, while not only was
the Swedish military organization in a transition state but there was the ever
present fear of Russian aggression in case Sweden should turn her back on
her eastern frontier. Aside from the influence of these negative forces in
Sweden, the King of Sweden, Oscar II, was a sincere friend of peace, and the
lower classes in Sweden were against resorting to arms. The laborers, so-
cialists and the influential leaders of the international peace movement spoke
with earnestness in behalf of a friendly settlement of the Norwegian question,
and their influence was felt in the subsequent action of the Swedish Govern-
ment.!

The Resolution of the Storting had at once evoked a protest from the
Swedish Government against such an arbitrary dissolution and a special ses-
sion of the Swedish Riksdag had been summoned to consider the matter. The
desire of the Government for a peaceful settlement was set forth in the speech
of the Swedish Secretary of State before the Council on June 19. Sweden,
he said, would no doubt be legally justified in maintaining its position which
was founded on contract, and in using force to perpetuate it; such a proceeding
would, indeed, be natural in view of the precipitate action of Norway; yet
such action would be inconsistent with the true interests of Sweden, for the

1 Gjerset gives a detailed account of the May Day demonstrations for “Justice for

Norway” and the speeches of the Swedish statesmen and leaders of the peace movement,
K. Gjerset, History of the Norwegian People, pp. 579 et seq.

SEPARATION OF NORWAY FROM SWEDEN, 1905 167

great advantages which the union had held for the two countries could only
be enjoyed provided their mutual relations were cordial, and certainly could
not be retained by a union based on force, which would create such ill-feeling
that it would constitute a source of weakness rather than of strength. The
dissolution must be legal, however, and in order to settle the most vital ques-
tions concerned in the future relations of the two countries, the Riksdag should
be asked to empower the Government to negotiate with the Storting.

The Riksdag, to which this proposal was submitted on June 21, at once re-
ferred the matter to a special committee, which after a month's discussion,
reported on July 25. The substance of the report and the resolution taken by
the Riksdag are contained in the Address to the King of July 28. Following
the report of the committee the Riksdag took the position that in a matter of
such consequence as the dissolution of the union a surer expression of the will
of the Norwegian people should be obtained. It granted the authorization re-
quested, but on condition that the negotiations should be subsequent to a vote
of the people of Norway, either for a new Storting to decide the matter, or by
a direct plebiscite. Should such a vote result in favor of dissolution, the
Riksdag would agree to it, on condition that agreements regarding the arbitra-
tion of future disputes, a neutral zone between the two countries, pasturage for
the Nomadic Swedish Lapps, commerce in transit and common waterways
were made in a manner satisfactory to Sweden's interests.! Although formal
approval was not given to this decision of the Riksdag until August 8, this
resolution was at once telegraphed to the Storting by command of the King.

On July 27, two days after the committee's report to the Riksdag and the
day before the address referred to above, the Norwegian Department of Jus-
tice had reported to the Storting that as outside of Norway there appeared to
be a doubt of the strength of the popular desire for dissolution, a doubt
expressed in the committee report to the Riksdag, it was of the utmost im-
portance that a plebiscite should be held, not so much to ascertain the wish of
the people, for that was sufficiently clear, but to dissipate the doubts of out-
siders.

The resolution and draft regulations for the plebiscite, proposed by the
Department, were adopted by the Storting on July 28.2 The Department's
recommendation may be summarized as follows: The elections were to take
place throughout the Kingdom on Sunday, August 13, at 1 p.m. The elec-
toral qualifications fixed on the last election of the Storting were to be fol-
lowed except with certain modifications,— chiefly calculated to allow those
to vote who had attained their majority or completed the necessary period of

domicile since the last election.3 In view of the shortness of the time certain
1 Documents, post, p. 1051.
2 Documents, post, pp. 1053 et seg.
8 The electoral qualifications in Norway in 1905 allowed all male citizens over 25 to

168 PLEBISCITES

special provisions were made. Anyone entitled to vote at the last Storting
election who had subsequently changed his domicile was allowed to vote in his
former electoral district under the regulations concerning absentee voting, and
leniency as to a reasonable excuse for being absent was to be practiced. The
ballots were to contain merely the word “ yes” or “no” and were not to be
signed. These regulations were supplemented by a circular of instructions
from the Department of Justice giving full directions regarding the composi-
tion and functions of election boards and the like.* If the voting could not be
finished on August 13, it was to be continued the next day. A special cir-
cular by the Department of Ecclesiastical Affairs to the clergy instructed them
to hold short services at the polling places if the polls should be so far distant
from the church as to make attendance at service interfere with the partici-
pation in the refereundum.?
- All parties in Norway united in support of the dissolution; Liberals, Con-
servatives, Moderates, the Labor Party, the women, the Swedes resident in
Norway, all issued appeals to the electorate in its favor. The vote for dis-
solution was overwhelming. Of the 371,911 votes cast, the Department of
Justice reported that 368,208 were affirmative and 184 negative. In spite of
the short notice, 85.4% of those qualified had voted.®

The Storting, on receipt of the official result of the vote, thereupon extended
a formal request to the Swedish Government to cooperate in the dissolution of
the union by entering into formal negotiations for the purpose of arriving at
an agreement on the questions raised by the dissolution. The request was at
once agreed to and each country appointed a committee for the purpose, which
met at Karlstad in Sweden, from August 31 to September 23. During their
sessions great anxiety was felt throughout Europe over the outcome and each
of the two Governments stationed troops at the border. The Swedish propo-
sition called for submission to the Hague Tribunal of any dispute not involv-
ing the independence, integrity, or vital interest of the two countries, and a
neutral zone within which the fortresses were to be razed. The conditions of
the neutral zone and the razing of the fortresses created ill-will in Norway,
where they were thought humiliating. They were ultimately accepted by
Norway, however, on the concession by Sweden that two historic fortresses
should be allowed to remain. On October 16, the Riksdag approved a gov-

vote, who were not disqualified through indictment for crime or bankruptcy. Women were
not given the vote until 1907.

1 Documents, post, p. 1060.

2 Documents, post, p. 1069.

8 Documents, post, p. 1070. It is interesting to compare these figures with those of the
plebiscite on the question of Prince Charles of Denmark as King, which was held a few
months later. In this only 328,827 voted and, although the vote was decisive, there was a
far greater negative vote. The figures are 259,563 for, and 69,264 against Braekstad,
Encyclopedia Britannica.

SEPARATION OF NORWAY FROM SWEDEN, 1905 169

ernment resolution to annul the Act of Union, to date from the day when the
Karlstad agreements should have been formally signed by the two countries,
and authorized the King to declare the union dissolved, and, the agreements
having been signed on the 26th, on October 27, King Oscar issued a proclama-
tion to the Norwegian people announcing his abdication as King of Norway.

DOCUMENTS

The Period of the French Revolution

AVIGNON AND THE COMTAT VENAISSIN, 1791

Draft Decree of Charles François Bouche for “ the Irrevocable Union of the
Comtat Venaissin and of the City and State of Avignon to the County of

Provence and by it to France.”

L’Assemblee nationale, instruite des
titres et droits que le comté de Pro-
vence a sur le comté Venaissin, sur les
ville et Etat d’Avignon, et que, par
le comté de Provence, les rois de
France ont sur ces pays; tenant pour
maxime fondamentale que les do-
maines de la couronne sont inalié-
nables, à moins que la nation n’accéde
ou n'approuve leur aliénation; que
les peuples, provinces et villes ne peu-
vent étre échangés, cédés ou vendus
sans leur consentement; s'étant con-
vaincue que la nation provençale n’a
approuvé, dans aucun temps, l'aliéna-
tion illégale et faite d non domino du
comté Venaissin, des ville et Etat
d'Avignon, parties intégrantes de la
souveraineté de Provence; voyant
d'ailleurs dans les annales frangaises
les réclamations que plusieurs mo-
narques ont faites pour étre remis
en possession de ces pays possédés par
les papes, sans titre valable et légi-
time, a déclaré et arrêté:

November 12, 1789.1

The National Assembly, informed
as to the titles and rights which the
County of Provence enjoys over the
Comtat Venaissin and over the City
and State of Avignon, and which,
through the County of Provence, the
Kings of France enjoy over these ter-
ritories; holding it as a fundamental
maxim that the domain of the crown
is inalienable, unless the nation assents
to or approves of such alienation; that
peoples, provinces and cities can not be
exchanged, ceded or sold without their
consent; convinced that the Provençal
nation has not at any time approved of
the illegal alienation of the Comtat
Venaissin made non domino, of the
City and State of Avignon, integral
parts of the sovereignty of Provence;
in view, moreover, of the claims

- which several monarchs have made in

the annals of France for the posses-
sion of these countries, held by the
Pope without good and legal title, has
declared and determined :

1 Archives Parlementaires, 1st series, vol. 10, pp. 4 and 213.

174

1° Que le Roi sera prié par l’As-
semblée nationale, représentée par son
président et six de ses membres qui
lui seront députés à cet effet, de don-
ner des ordres a son ambassadeur a
Rome, pour réclamer, sur-le-champ,
le comté Venaissin, les ville et Etat
d'Avignon, et en obtenir la restitution,
à l’aimable, dans quinze jours, au plus
tard, à compter du jour de la récep-
tion des ordres de Sa Majesté.

2° Que si Sa Sainteté se refuse a
faire cette restitution sous l’offre d’in-
demnité, s'il y a lieu, laquelle ne
pourra excéder la somme d'un million
de livres, monnaie de France, Sa Ma-
jesté sera priée de prendre d'abord
apres l'expiration des susdits quinze
jours possession à main armée du
comté Venaissin, des ville et Etat
d'Avignon, et d'y établir le régime
politique, civil, ecclésiastique. et mili-
taire qui va être établi dans tout le
reste de la France.

3° Qu’au moyen de ce, le comté
Venaissin, les ville et Etat d' Avignon,
avec tous leurs droits, appartenances
et dépendances, seront irrévocable-

ment et resteront à jamais réunis au

comté de Provence, et par lui à la
France;

4° Que cependant, et jusqu’à ce que
la restitution du comté Venaissin, des
ville et Etat d'Avignon, soit accordée
et la réunion achevée, tous les pri-
vilèges dont les habitants desdits comté
et Etat jouissent en France, toutes
les pensions, tous les dons, traite-
ments, gratifications et émoluments,

DOCUMENTS

1. That the King shall be requested
by the National Assembly, represented
by its president and six of its mem-
bers, who shall be appointed for the
purpose, to instruct his ambassador at
Rome to at once enter a claim for the
Comtat Venaissin and the City and
State of. Avignon, and to obtain ami-
cable restitution of them, within fif-
teen days at latest, dating from the
date of reception of His Majesty's
orders.

2. That if His Holiness should re-
fuse to make this restitution in return
for an indemnity, should there be oc-
casion for it, which shall not exceed
the sum of a million livres, in French
money, His Majesty shall be re-
quested, on the expiration of the
aforesaid fifteen days, to take imme-
diate forcible possession of the Com-
tat Venaissin and the City and State
of Avignon, and to establish there the
political, civil, ecclesiastical and mili-
tary régime which is to be established
throughout the rest of France.

3. That by this means, the Comtat
Venaissin, and the City and State of
Avignon, with all their rights, appur-
tenances and dependencies, shall be ir-.
revocably and forever united to the
County of Provence, and through it
to France.

4. That meanwhile and until the
restitution of the Comtat Venaissin,
and of the City and State of Avignon
shall be made and the union effected,
all the privileges which the inhabitants
of the said Comtat and State enjoy in
France, all the pensions, all the dona-
tions, salaries, gratuities and emolu-

AVIGNON AND THE VENAISSIN, 1791

les concernant, de quelque nature
qu’ils soient, toutes les places et dig-
nités, tous les emplois, grades dont
les Comtadins et les Avignonais sont
revetus dans les villes, corps, corpo-
rations et chapitres de la France, sont
suspendus; les revenus des bénéfices
qu’ils possèdent en France seront ar-
retes; |

5° L’Assemblee nationale se reserve
de modifier, etendre, ou revoquer les
dispositifs contenus dans Particle ci-
dessus, s’il y a lieu, et suivant l’exi-
gence des cas.!

175

ments attached thereto, of whatever
nature they may be, all the positions
and dignities, all the employments and
ranks held by the Comtadins and
Avignonais in the towns, bodies, cor-
porations and chapters of France, are
suspended, and the revenue of the ben-
benefices which they possess in France
shall be stopped.

5. The National Assembly reserves
the right to modify, extend or revoke
the provisions contained in the above
article, if it should be expedient, ac-
cording to the exigencies of the case.

Address of the Parishes of the Comtat Venaissin in Answer to the Motion of
M. Bouche, November 16, 1789 ?

MESSIEURS,

Informés de ladite motion pour le
réclamer, le Comtat Venaissin, croy-
ant édifier cette respectable assemblée,
et donner un témoignage authentique
envers leur auguste souverain; con-
sidérant, que le seul fondement légi-
time de toute acquisition et revendi-
cation de la souveraineté est le
consentement libre du peuple, et que
sa volonté doit être manifestée avant
qu'il passe sous aucune autre domina-
tion; considérant encore qu'un peu-
ple, cédé par un acte où il ne serait pas
intervenu, se regarderait comme aban-
donné, et ensuite maitre de disposer
de lui-même, des hommes ne pouvant
être trafiqués comme de simples pro-

#GENTLEMEN :

‘ Informed of the said motion pur-
porting to annex the Comtat Venais-
sin to France, the parishes of the said
Comtat, for the edification of this
honorable assembly and as a formal
testimony to their august sovereign,
declare that: considering that any
claim or assumption of sovereignty
can be lawfully founded only on the
free consent of the people and that the
expression of their will must precede
any change of government; consider-
ing, moreover, that a people handed
over by proceedings in which it has
had no part would consider itself
abandoned and thenceforth master of
its own fate, for men can not be

1 The Assembly ordered the printing of this draft decree but took no further action.
2 As read to the National Assembly by the Abbé Maury, in the session of April 30, 1791,

Arch. parl., 1st series, vol. 25, p. 468.

176

priétés mobiliéres et territoriales; en-
fin, persuadés qu'une réclamation se-
rait d'un exemple funeste, puisqu'au
mépris des traités les plus solennels,
elle n'établirait pour toute règle que
celle de la force et de la violence, et
exposerait la nation qui l'aurait témé-
rairement adoptée, á se voir dépouillée,
par la méme voie, des meilleures por-
tions de son empire; ils regardent la
motion de M. Bouche comme attenta-
toire au droit des gens et contraire
aux principes de 1'Assemblée dont il
est membre: ils déclarent, en présence
de l’Etre suprême, que rien ne saurait
les délier jamais du serment de fidé-
lité à l’égard de leur légitime souve-
rain, fidélité d'autant plus inaltérable,
qu’elle repose sur des bases assurées,
la modération et la générosité avec
lesquelles ils sont gouvernés depuis
plus de cinq siècles, et sur le main-
tien de leurs privilèges et immunités.
Ils protestent, à la face de l'univers,
contre tous traités faits à leur insu et
sans leur intervention directe et no-
toire, et où l’on disposerait d'eux sans
un consentement préalable, et sans une
ratification subséquente.

Au surplus, les citoyens assemblés
ne pouvant en ce moment réunir le
vœu général, et ne voulant pas se
contenter d'un vœu partiel dans une
affaire d’une aussi grande importance,
ont arrêté que la présente délibéra-
tion sera imprimée et adressée à toutes
les communautés de cette province, en
les invitant à la faire ratifier par le
Corps législatif, et à faire parvenir
au plus tôt un extrait conforme de
leurs délibérations.

DOCUMENTS

bought and sold like mere lands and
chattels; persuaded, in short, that such
a claim would constitute a fatal prece-
dent, since, in violation of the most
solemn treaties, it would set up the
law of might and force and expose
the nation using it to spoliation of its
fairest provinces by the same meth-
ods; they, the parishes of the Comtat
Venaissin, regard M. Bouche’s motion
as contrary to the law of nations and
to the principles of the Assembly of
which he is a member. They declare
in the presence of the Supreme Being
that nothing can absolve them from
their oath of loyalty to their lawful
sovereign, a loyalty the more unalter-
able in that 1t is assured by the mod-
eration and liberality with which they
have been governed for more than five
centuries and by the preservation
of their privileges and immunities.
They protest before the universe
against all treaties made without their
knowledge and their direct, public par-
ticipation, purporting to dispose of
them without their previous consent
or subsequent ratification.

Moreover, the citizens here assem-
bled, unable at this time to secure a
general consensus of opinion, and not
satisfied with a partial vote in a mat-
ter of such great importance, have de
cided that these resolutions shall be
printed and sent to all the communes
oí this province with a request that
they have the same ratified by the
legislature and that they send back as
soon as possible a copy of their reso-
lution.

AVIGNON AND THE VENAISSIN, 1791

177

The French Nation Renounces Conquest. Decree Concerning the Right of

Making Peace and War.

ArT. 1” Le droit de la paix et de
la guerre appartient á la nation.

La guerre ne pourra étre décidée
que par un décret du Corps Législatif,
qui sera rendu sur la proposition for-
melle et nécessaire du Roi, et ensuite
sanctionné par Sa Majesté.

2. Le soin de veiller a la súreté ex-
térieure du royaume, de maintenir ses
droits et ses possessions, est délégué
au Roi par la constitution de l’Etat;
ainsi, lui seul peut entretenir des re-
lations politiques au dehors, conduire
les négociations, en choisir les agens,
faire les préparatifs de guerre propor-
tionnes à ceux des Etats voisins, dis-
tribuer les forces de terre et de mer,
ainsi qu'il le jugera convenable, et en
régler la direction en cas de guerre.

3. Dans le cas d'hostilités immi-
nentes ou commencées, d'un allié a
soutenir, d'un droit a conserver par la
force des armes, le pouvoir exécutif
sera tenu d'en donner, sans aucun
délai, la notification au Corps-Légis-
latif, d'en faire connaitre les causes
et les motifs; et si le Corps-Législatif
est en vacance, il se rassamblera sur-
le-champ. |

4. Sur cette notification, si le Corps-
Législatif juge que les hostilités com-
mencées soient une agression cou-
pable de la part des ministres ou de
quelque autre agent du pouvoir exécu-
tif l’auteur de cette agression sera

May 22-27, 1790}

ARTICLE 1. The right of making
peace and war belongs to the nation.

War may not be determined on ex-
cept by a decree of the legislative
body, which shall only be rendered
on the formal proposition of the King,
and afterwards sanctioned by His
Majesty.

2. The duty of watching over the
external safety of the kingdom and
of maintaining its rights and its pos-
sessions is delegated to the King by
the constitution of the State; thus he
alone may hold political relations
with foreign states, conduct negotia-
tions, choose agents, make prepara-
tions for war in proportion to those
of neighboring states, make such dis-
tribution of the forces on sea and on
land as he shall consider suitable, and
control their direction in case of war.

3. In case of hostilities being immi-
nent or already begun, of an ally to
uphold or a right to be maintained by
force of arms, the executive must
give notification to the legislative body
without delay, and must acquaint it
with the causes and the reasons; and
if this legislative body is not in ses-
sion, it shall reassemble immediately.

4. On receipt of this notification,
if the legislative body is of the opin-
ion that the hostilities already begun
are a culpable aggression on the part
of the ministers or of any other
agent of the executive, the author of

1 Duvergier, Collection Complete des Lois, vol. 1, p. 191.

178 DOCUMENTS

poursuivi comme criminel de lése-
nation; l’Assemblée nationale décla-
rant à cet effet que la nation française
renonce a entreprendre aucune guerre
dans la vue de faire des conquétes, et
qu'elle n'emploiera jamais ses forces
contre la liberté d'aucun peuple.!

5. Sur la méme notification, si le
Corps-Législatif décide que la guerre
ne doit pas étre faite, le pouvoir
exécutif sera tenu de prendre sur-le-
champ des mesures pour faire cesser
ou prévenir toutes hostilités, les mi-
nistres demeurant responsable des dé-
lais.

6. Toute declaration de guerre sera
faite en ces termes: De la part du
Ros des Français, au nom de la na-
tion.

this aggression shall be prosecuted for
the crime of an affront against the
nation; the National Assembly mak-
ing a declaration to the effect that the
French nation renounces the under-
taking of any war for the purpose of
conquest, and that it will never em-
ploy its forces against the liberty of
any people.

5. If on the same notification, the
legislative body decides that the war
ought not to be waged, the executive
shall be obliged to take immediate
measures to stop or to prevent all hos-
tilities, the ministers remaining re-
sponsible for any delays.

6. All declarations of war shall be
made in this form: On the part of
the King of the French, in the name
of the nation. o

Formal Minute of the General Council of the Commune of the City of Avignon.
June 12, 1790?

L'an mil sept cent quatre-vingt-dix
et le douziéme jour du mois de juin,
le conseil général de la commune
étant assemblé dans la salle du con-
seil, après due convocation, M. Lami,
officier municipal, présidant le conseil

In the year 1790 and on the 12th
day of the month of June the General
Council of the Commune being assem-
bled in the council hall, after due con-
vocation, M. Lami, municipal official,
President of the Council in the ab-

1 Cf. Constitution of September 3-14, 1791: Duvergier, Collection, vol. 3, p. 254. Titre
VI. Des rapports de la nation française avec les nations étrangères. . . . . La nation fran-
caise renonce à entreprendre aucune guerre dans la vue de faire des conquétes, et n'emploiera
jamais ses forces contre la liberté d'aucun peuple. (Translation), Title VI. The Relations
of the French Nation with Foreign Nations. The French nation renounces the undertaking
of any war for the purpose of conquests, and will never employ its forces against the liberty

of any people.

2 Soullier, Histoire de la Révolution d'Avignon, vol. 1, p. 316, note 6.

AA

AVIGNON AND THE VENAISSIN, 1791

en l’absence de M. Blanc et de M. le
maire, M. Peyre, autre officier munici-
pal, a exposé que dans le temps que la
municipalité et le comité des re-
cherches s'occupent a suivre les traces
des noirs complots, dont les suites
désastreuses ont été fatales à nombre
infini de citoyens dans la journée du
10 courant, comme il se verra par le
verbal qui se dresse á mesure qu'on
parvient á découvrir les crimes mul-
tipliés de cette malheureuse journée.
Plusieurs personnes, inculpées d'étre
chefs ou fauteurs de ces crimes
atroces, ont été arrétées à la clameur
publique, et déjà même le peuple
justement indigné contre celles d’entre
ces personnes qu'il croyait les plus
coupables, a exigé et commandé leur
supplice et s'obstine d’autant plus à
faire continuer l'exécution des autres
personnes arrêtées, qu'il s’imagine ne
pouvoir obtenir justice dans l'état
d'anarchie oú la négligence, et peut-
etre méme la connivence du gouverne-
ment nous laisse depuis plusieurs
mois. Que pour mettre ce peuple plus
a portée d'obtenir cette justice par des
voies réguliéres, la municipalité a pris
le parti de convoquer une assemblée
générale des citoyens par districts,
dont les délibérations ont été mises sur
le bureau par MM. les présidens de
chacun d'iceux, et a requis étre fait
lecture desdites délibérations; ce qui
ayant été fait par nous notaire, secré-
taire-grefher de la commune soussigné,
il a été reconnu qu'il a été délibéré
à l'unanimité, dans chacun des dis-
tricts, que la nation avignonnaise et
les Comtadins sont libres, souverains

179

sence of M. Blanc and of the Mayor,
M. Peyre, another municipal official,
has stated that during the time de-
voted by the Municipality and the
committee of investigation to the fol-
lowing of the clues of black conspir-
acies, whose disastrous effects have
been fatal to countless citizens during
the 10th day of this month, as is evi-
dent from the report to be drawn up
after the discovery of the multitude
of crimes of that unhappy day. Sev-
eral persons, accused of being lead-
ers or abettors in those atrocious
crimes, have been arrested in re-
sponse to the public clamor; and al-
ready the people, justly indignant
against those amongst the number
who are considered the most guilty,
have required and commanded their
punishment and are the more deter-
mined to cause the execution of the
other persons arrested to be continued,
because they imagine that justice can
not be obtained during the state of an-
archy in which the negligence and per-
haps even the connivance of the gov-
ernment has allowed us to remain for
some months past. That to put the
people more in the way of obtaining
this justice by regular methods, the
Municipality has convoked a general
assembly of citizens by districts,
whose deliberations have been placed
on the bureau by the president of each
district. The Municipality has re-
quired that the said deliberations be
read; this having been done by our
notary, recording secretary of the
commune, whose signature is below,
it has been recognized that it has been

180

et indépendans ; qu’en conséquences la
ville d'Avignon et ses dépendances
qui n'ont pu étre séparées de la na-
tion francaise, y seront réunies. A
l’effet de quoi, M. le Maire et officiers
municipaux sont requis de faire ar-
borer sur le champ les armes de
France, en faisant déplacer préalable-
ment celles du St-Siége, avec le re-
spect dü a sa Sainteté, comme chef
visible de l'Eglise; de charger MM.
Peyre et Duprat, le premier, avocat;
le second, négociant, officiers munici-
paux déjà nommés par la précédente
délibération du Conseil général de la
commune, de se transporter conjointe-
ment avec M. Tissot aussi avocat, pro-
cureur de la commune, et nous greffier
secrétaire d’icelle, sans retard à Paris,
pour faire auprès de l’auguste assem-
blée nationale et du Roi des français,
toutes les démarches nécessaires, à
l'effet d'obtenir l’acceptation de cette
réunion, et traiter tout ce qui con-
cerne les intérêts de notre ville; sur
quoi ledit sieur Tissot, procureur de
la commune a requis, qu'attendu que
cette délibération est unanime, elle
fút mise à exécution sur le champ; et
en conséquence les armes de France
ayant été placées sous un dais, le Con-
seil général précédé d’un détachement
des gardes avignonaises et des grena-
diers, de la garnison de cette ville, et
de la musique militaire, a accompagné
le susdit dais, suivi d’un autre détache-
ment, s’est rendu au palais, où lesdites
armes ont été arborées sur la pre-
mière porte d'entrée, et en même temps
celles du St-Siége ont été enlevées res-

DOCUMENTS

deliberated unanimously by each of
the districts that the Avignonais na-
tion and the Comtadins are free, sov-
ereign and independent; that, in con-
sequence, the City of Avignon and its
dependencies which could not be sepa-
rated from the French nation, are
united to it. By reason of which the
mayor and the municipal officials are
required to at once display the arms
oí France, first displacing those of the
Holy See with the respect due to His
Holiness, as visible head of the
Church; and to instruct MM. Peyre
and Duprat, the former a lawyer, the
latter a merchant, municipal officials
already appointed by the preceding
deliberation of the Communal Coun-
cil, to repair to Paris at once and with-
out delay in company with M. Tissot,
likewise a lawyer, and communal
attorney and recording secretary of
this body, to take all measures before
the august National Assembly of the
King of the French, which may be
necessary in order to obtain the accep-
tation of the union, and to negotiate
regarding everything which concerns
the interests of our City ; on which the
Sieur Tissot, communal attorney, has
required that in view of the unanimity
of this deliberation it should be at
once put in execution; and in conse-
quence the arms of France were placed
under a canopy and the general coun-
cil, preceded by detachments of Avig-
nonais guards and grenadiers of the
garrison of this city, and of the mili-
tary band, accompanied the aforesaid
canopy, and followed by another de-

AVIGNON AND THE VENAISSIN, 1791

pectueusement, placées sous le méme
dais, et accompagnées par le méme
cortége à la maison commune, où
elles ont été déposées dans un endroit
décent; et pour l'entière exécution
desdites délibérations, le conseil a au-
torisé le bureau de régie à fournir des
mandats sur le trésorier de la com-
mune pour la dépense de la susdite
députation pour la somme de quinze
cents livres, et une lettre de crédit sur
Paris jusqu’à concurrence de la
somme de deux mille livres, sauf à
régler ensuite les frais de cette dépu-
tation. Délibéré de plus, que les
députés partiront dans le jour, qu’ex-
trait de la présente délibération et
celles des districts leur seront délivrés
pour faire constater de leur. mandat,
qu'il sera envoyé un courrier extra-
ordinaire à M. le président de l’as-
semblée nationale, avec une adresse
pour le prévenir de cette députation.
L'assemblée chargeant lesdits sieurs
députés de présenter à l’auguste as-
semblée nationale l’hommage de son
respect, de son admiration et de sa
soumission sans bornes à ses décrets,
et l'assurance de la fidélité des Avi-
gnonais à la nation, à la loi et au roi,
et attendu que nousdit secrétaire-gref-
fier sommes obligé de nous absenter
pour cette députation, avons, du con-
sentement du Conseil général, nommé
et choisi pour pro-secrétaire-greffier
M. Namur, notable, qui a bien voulu
accepter ladite charge, et a prêté le ser-
ment requis. De quoi et de tout ce
que dessus, ledit sieur procureur de la
commune a requis acte, et se sont, les-

181

tachment, repaired to the palace, where
the said arms were displayed on the
first entrance gate, and at the same
time those of the Holy See were re-
spectfully removed, placed under the
same canopy and, accompanied by the
same procession, were carried to the
communal hall, where they were de-
posited in a proper place; and for the
complete execution of the said delib-
eration the Council has authorized the
administrative officer to furnish requi-
sitions on the communal treasury for
the expenses of the aforesaid deputa-
tion, to the sum of fifteen hundred
livres, and a letter of credit on Paris
up to the limit of the sum of two thou-
sand livres, postponing the fixing of
the expenses of this deputation. It is
further deliberated that the deputies
shall depart during the day, that a copy
of the present deliberation and those
of the district shall be given to them in
order to bear witness to their mandate,
that a special messenger shall be sent
to the president of the National As-
sembly with an address to inform them
beforehand of the deputation's arrival.
The assembly instructs the said dep-
uties to present to the august National
Assembly the homage of its respect,
its admiration and its unlimited sub-
mission to its decrees, and the assur-
ance of the fidelity of the Avignonais
to the nation, to the law and to the
King, and in view of the fact that we,
the undersigned recording-secretary,
are obliged to be absent with this depu-
tation, we have, with the consent of
the general council, named and chosen

182

dits sieurs assemblés, soussignés à
l'original, etc.

Collationné, Signé; NAMUR, fro-
secrétaire-grefher.

DOCUMENTS

for recording secretary, M. Namur,
a leading citizen, who has been good
enough to accept the office aforesaid,
and has taken the required oath. The
said attorney for the communal attor-
ney has required a formal act of this
and of all the above, and the said gen-
tlemen being assembled, have signed
the original, etc.

Collated and signed; NAMUR, Act-
ing Recording Secretary.

Address of the Representative Body of the Comtat Venaissin. June 22, 1790!

A L’ASSEMBLÉE NATIONALE

MESSIEURS,

C'est par l’organe de ses députés
librement élus, et constitués depuis
peu de jours en Assemblée représen-
tative, que le comté Venaissin vient
porter à l’auguste Assemblée nationale
de France ce tribut unanime.

Oui, Messieurs, l’adoption des lois
françaises, d’où va dépendre une
partie de notre bonheur, ne saurait
néansmoins porter la moindre atteinte
au respect et à la fidélité inviolable que
nous conserverons jusqu’au dernier
soupir à notre bienfaisant monarque.
Attachés à son gouvernement par des
liens que nos cœurs rendront toujours
indissolubles, rien ne saurait altérer
nos sentiments pour sa personne
sacrée : ils reposent sur des bases in-
ébranlables, notre consentement libre,
la modération et la générosité de nos

1 Arch. parl., 1st series, vol. 16, p. 405.

To THE NATIONAL ASSEMBLY

GENTLEMEN:

By the voice of its deputies, freely
elected and constituted, a few days
since, as a representative assembly,
the Comtat Venaissin comes to bring
to the august National Assembly of
France this unanimous tribute. |

Yes, gentlemen, the adoption of
French laws, on which will depend a
part of our happiness, will neverthe-
less be unable to do the slightest in-
Jury to the inviolable respect and fidel-
ity towards our beneficent monarch
which we shall preserve to our last
breath. Attached to his government
by ties which our hearts will make for-
ever indissoluble, nothing would be
capable of altering our feelings for his
sacred person; they rest upon immov-
able bases, our free consent, the mod-
eration and generosity of our princes,

AVIGNON AND THE VENAISSIN, 1791

princes, et l'amour qui est le juste prix
d’un si grand bienfait. Rien ne sau-
rait nous délier du serment que nous
avons si souvent répété de vouloir
vivre et mourir sous son empire. Ser-
ment que nous venons de renouveler
d'une maniére encore plus authentique,
puisqu'il est émané du vœu unanime
de nos commettants, exprimé dans nos
mandats; serment, enfin, que nous
venons de lui offrir, comme les pré-
mices de nos travaux, comme l’élément
nécessaire de notre bonheur. Qu'il
soit connu de l’univers entier, ce ser-
ment auguste !

Qu'il est consolant pour nous, qu'il
est glorieux pour vous, Messieurs,
de songer qu’en invoquant les prin-
cipes éternels de la vérité et de la
justice, nous ne répetons que vos pro-
pres principes, nous n’invoquons que
vos propres décrets! . . .

Quelle crainte pourrait désormais
inspirer une nation puissante, à la
vérité, mais qui vient de déclarer
solennellement qu’elle renonce à toute
espèce de conquête et qu’elle n'em-
ploiera jamais ses forces contre la
liberté d'aucun peuple? Ah plutôt!
quelle confiance sans réserve et sans
borne ne doit-elle pas attendre, nous
ne dirons pas d’un peuple qu’elle pro-
tège et qu’elle vivifie dans son sein,
mais de tous les habitants de l’univers,
de tous les vrais amis du bonheur et
de la liberté des hommes? . . .

DE GÉRENDE, président.

RAPHEL, MARTINET, secrétaires.

183

and the love which is the just price of
such a great benefit. Nothing would
be capable of freeing us from the oath
we have so often repeated of wishing
to live and die under his rule. An
oath which we have just renewed in a
still more authentic manner, since it
emanated from the unanimous vote of
our constituents, expressed in our
commissions ; an oath, finally, that we
have offered him, as the first fruits
of our labors, as the necessary element
of our good fortune. Let this august
oath be known to the whole world!

How consolatory it is for us, how
glorious for you, gentlemen, to think
that in invoking the eternal principles
of truth and justice, we are but repeat-
ing your own principles, we are but
invoking your own decrees! . . .

What fear could a nation inspire
henceforth, which, though in truth
powerful, has just declared solemnly
that she renounces all kinds of con-
quest and that she will never use her
forces against the liberty of any peo-
ple? Ah! rather, what confidence
without reserve and without limit
should she not expect, we will not say
from a people she protects and nour-
ishes in her bosom, but from all the
inhabitants of the world, from all the
true friends of the happiness and the
liberty of men? . ..

DE GÉRENDE, President.

RAPHEL, MARTINET, Secretaries.

184

DOCUMENTS

Address of the Deputation from the City of Avignon, Delivered before the
National Assembly. June 26, 1790 *

Députés par un peuple libre, in-
dépendant et souverain, ce n'est pas
en vain que nous venons jurer une
fidélité inviolable à la nation fran-
çaise. . . . Placé au milieu de la
France, ayant les mêmes mœurs, le
même langage, nous avons voulu avoir
les mêmes lois. . . . À peine avez-
vous déclaré que tous les hommes sont
libres, que nous avons voulu l'être.
Nos municipalités se sont organisées
d’après les lois établies par vos décrets,
et nous étions déjà constitués lorsque
des brefs incendiaires et tyranniques,
lancés par le Vatican, sont venus
frapper d'anathéme la Constitution
francaise? . . . (L’orateur fait le
tableau des dispositions préparées
sourdement à Avignon pour tenter une
contre-révolution en France). . . .

Des hommes armés parurent tout
à coup au milieu de la ville; bientôt,
pressés de toutes parts, ils abandon-
nérent le champ de bataille. Le sang
pur des citoyens patriotes fut con-
fondu avec celui des assassins qu'on
avait suscités contre nous. Nos al-
liés volerent enfin à notre secours; et

. ils sont parvenus . . . à nous
rendre la paix. Le lendemain de ces
scènes de sang et de carnage, les cito-
yens actifs de tous les districts de la
ville d'Avignon s'assemblerent légale-
ment. C'est dans cette assembleé que
le peuple, considérant qu'il ne pouvait

1 Arch. parl., 1st series, vol. 16, p. 476-7.

Deputed by a free, independent and
sovereign people, it is not in vain that
we have come here to swear inviolable
fidelity to the French nation... .
Placed in the center of France, with
the same customs, the same language,
we have wished to have the same
laws. . . . Hardly had you declared
that all men are free than we de-
sired freedom. Our municipalities
are organized according to the laws
established by your decrees and they
were already constituted when the
incendiary and tyrannical letters
launched by the Vatican arrived to
hurl anathema against the French
Constitution. . . . (The orator here
describes the secret arrangements pre-
pared at Avignon to bring about a
counter-revolution in France.) . ..

Armed men appeared suddenly in
the centre of the town; soon, hard
pressed on all sides, they abandoned
the field of battle. The pure blood of
the citizen patriots was mingled with
that of the assassins who had been
stirred up against us. Our allies
finally hastened to our aid; and . . .
they succeeded... in restoring
peace. The day after these scenes of
blood and carnage, the active citizens
of all the districts of the town of
Avignon assembled in legal course.
It was in this assembly that the peo-
ple, considering that they could be

A letter from the municipal officials of

Avignon as to the vote of the city was read to the Assembly by Camus on June 17 (ibid.,
p. 250) and one telling of similar votes in the districts by Bouche, June 19 (ibid., p. 369).

2 Omitted in the original.

AVIGNON AND THE VENAISSIN, 1791

étre heureux et libre que par la Con-
stitution française, déclara qu'il se
réunissait à la France, qu'il supprimait
les armes du pape, qu'il y substituait
celles du roi de France, et qu'il dépu-
tait vers lui pour lui témoigner le re-
spect et la fidélité que lui vouaient les
Avignonnais. Vous connaissez nos
droits : les délibérations de tout le peu-
ple avignonnais. Vous connaissez
nos motifs: notre roi veut étre des-
pote, et nous ne voulons plus être es-
claves. La France est libre; nous ne
pouvons le devenir que par elle, et nous
nous jetons dans ses bras. (Des ap-
plaudissements réstérés interrompent
Porateur.) Vous accepterez sans
doute un peuple qui vous appartenait
autrefois, un peuple enfin qui a versé
son sang pour le maintien de vos dé-
crets. Nous remettons sur le bureau
les délibérations de la ville et de l'Etat
d'Avignon.

185

happy and free only by means of the
French Constitution, declared that they
were united to France, that the papal
arms were suppressed and those of
the King of France substituted, and
that a deputation should be sent to him
to testify to the respect and fidelity
sworn to him by the people of Avig-
non. You are acquainted with our
rights : the deliberation of all the peo-
ple of Avignon. You are acquainted
with our motives; our King wishes to
be a despot, and we wish to be slaves
no longer. France is free; we can
become so only through her, and
we throw ourselves into her arms.
(Repeated applause interrupts the
speaker.) You will surely accept a
people who formerly belonged to you,
a people who have now poured out
their blood to maintain your decrees.
We place on the bureau the delib-
erations of the City and State of
Avignon.

First Report of the French Nattonal Assembly on the Affair of Avignon, and
Decree Adopted, August 27, 1790 1

M. TRONCHET, rapporteur. .

Les citoyens ont été egorgés par
leurs concitoyens. C'est au-milieu de
ces horreurs que la ville d'Avignon a
déclaré son indépendance et a de-
mandé sa réunion à l'Empire français.
Est-ce donc parmi des violences et
dans le moment où une foule de fugi-
tifs ont abandonné leur ville malheu-
reuse, que l’on a pu recueillir un vœu
libre et suffisant? . . . Je ne pense

TRONCHET, reporter. . . .

The citizens had been slaughtered
by their fellow citizens. It was in the
midst of these horrors that the City
of Avignon declared its independence
and asked for union with the French
Empire. Is it amid such scenes of
violence and at the moment when a.
crowd of fugitives have abandoned
their unhappy city that a free and
satisfactory vote can be taken? . . .

1 Arch. parl., 1st series, vol. 18, pp. 369-379.

186

pas que l’Assemblée nationale puisse
ordonner la réunion de cette province
a la France. . . . Avignon est une
province des Etats du pape, qui ne
peut se détacher du surplus des sujets
de cette puissance sans l’aveu de tous
les autres citoyens qui composent avec
elle cette association. Cette réunion
ne doit pas s’opérer que par un traité
entre le pape et la France sous le con-
sentement des Comtadins. Sans cela,
ce serait une conquête interdite par les
principes même de votre Constitution.
... Voici en conséquence le projet
de décret que j'ai l’honneur de vous
présenter :

L’ Assemblée nationale, après avoir
entendu le rapport de ses commis-
saires, a décrété et décrete:

1°. Qu’en exécution du décret du
17 juin, son président se retirera par
devers le roi, à l’effet de lui commu-

niquer les nouvelles pièces et instruc-

tions relatives à la pétition des Avig-
nonnais, ainsi que les pièces et instruc-
tions relatives à l’état actuel du com-
tat Venaissin, pour être, par Sa Ma-
jesté, proposé, et par l’Assemblée na-
tionale décrété ce qu'il appartiendra;
et que cependant le roi sera supplié de
faire placer dans les environs d’Avi-
gnon et du comtat les troupes de ligne
qu'il croira convenables, eu égard aux
circonstances ;

4°. L'Assemblée nationale charge
son président de faire remettre inces-

DOCUMENTS

I do not think that the National As-
sembly can order the union of this
province to France. . . . Avignon is
a province of the Papal States, and
can not separate itself from the re-
mainder of the subjects of that Power
without the consent of all the other
citizens who with it compose this
association. This union ought not
to be consummated except by a treaty
between the Pope and France, with
the consent of the people of the
Comtat. Without this it would be
conquest, which is forbidden by the
very principles of your constitution.
. . . Here, consequently, is the draft
decree which I have the honor to pre-
sent to you:

The National Assembly, having
heard the report of its commissioners,
has decreed and decrees:

1. That in execution of the decree
of June 17, its president shall repair
before the King in order to communi-
cate to him the new documents and
instructions relating to the petition of
the people of Avignon as well as those
documents and instructions relating
to the present state of the Comtat Ve-
naissin, that that which pertains to
the matter may be proposed by His
Majesty, and decreed by the National
Assembly; and that, meanwhile, the
King shall be requested to cause to
be placed in the environs of Avignon
and of the Comtat such troops of the
line as he shall deem advisable in view
of the circumstances ;

4. The National Assembly in-
structs its President to send a copy of

AVIGNON AND THE VENAISSIN, 1791

samment une expédition du present dé-
cret, tant aux officiers municipaux
d'Orange qu'aux députés de la ville
d'Avignon. Elle charge en outre son
président d'écrire au peuple avignon-
nais, pour lui témoigner la profonde
douleur dont elle a été affectée à la
vue des malheurs qui ont accompagné
les événements arrivés a Avignon, et
. Vinviter à employer les moyens les
plus efficaces pour effacer jusqu'au
souvenir de ces malheurs, et pour ré-
tablir entre tous les citoyens la con-
corde que leur intérêt mutuel leur
prescrit.

L'Assemblée, après quelques nou-
velles observations, rend le décret
suivant :

“ L'Assemblée nationale, après
avoir entendu le rapport de ses com-
missaires sur l'affaire d'Avignon,

“ Decrete que les citoyens d’Avig-
non, détenus depuis le 12 juin dans
les prisons d'Orange, seront provi-
soirement élargis, à la charge de tenir
la ville d'Orange pour prison, où ils
resteront sous la sauvegarde de la na-
tion française, et où il sera pourvu à
la subsistance des ouvriers qui se trou-
vent parmi eux.

“ Ajourne, au surplus, le reste du
projet de décret qui lui a été proposé
par ses commissaires.”

187

this decree without delay to the mu-
nicipal officers of Orange as well as to
the deputies of the City of Avignon.
It further instructs its President to
write to the people of Avignon in
order to testify to them the profound
sorrow which it experiences in view
of the misfortunes which have accom-
panied the events which have taken
place in Avignon, and to invite them
to employ the most efficacious means
whereby to efface the very memory of
those misfortunes, and to establish
that harmony between all the citizens
which their mutual interest enjoins.

The Assembly, after several new
observations, passed the following de-
cree :

“ The National Assembly, having
heard the report of its commissioners
on the affair of Avignon,

‘“ Decrees that the citizens of Avig-
non detained since June 12 in the
prisons of Orange, shall be set free
provisionally, on condition of keeping
to the city of Orange as their prison,
where they shall remain under the pro-
tection of the French nation, and
where there shall be provision for sub-
sistence of the workmen among them.

“ The remainder of the draft decree
proposed by its committee is ad-

-journed.”

Decree of the National Assembly, November 20, 1790 *

L'Assemblée nationale, après avoir

The National Assembly, having

entendu son comité diplomatique, heard its Diplomatic Committee, ad-

1 Arch parl., vol. 20, p. 580. This decree was proposed by Mirabeau, not as the official

188 DOCUMENTS

ajourne la déliberation sur la péti- journs deliberation on the petition of
tion du peuple avignonais, et dé- the people of Avignon, and decrees
créte que le roi sera prié de faire that the King be requested to send
passer incessamment des troupes French troops to Avignon without
françaises à Avignon, pour y pro- ‘delay, to there protect under his or-
téger, sous ses ordres, les établisse- ders, the French establishments, and
ments frangais, et pour y maintenir, in concert with the municipal officers
de concert avec les officiers munici- to there maintain the public peace.*
paux, la paix et la tranquillité pu-

blique;

Second Report of the Committees on Avignon Regarding the Union of Avig-
non and the Comtat Venaissin with France, and Discussion by the Assembly.
April 30-May 4, 1791 3

M. DE MENOU, au nom des comités M. DE MENOU, in the name of the

diplomatique et d' Avignon. Committees on Diplomacy and on
Avignon.

Messieurs, je viens, au nom des Gentlemen, 1 come, in the name of

comités diplomatique et d'Avignon, the Committees on Diplomacy and on

proposition of the Committee on Avignon but as representing the opinion of the Committee.

Decrees had been proposed on the 16th and the 18th by Pétion and Robespierre respect-
tively, but not voted on. They were as follows:

Draft Decree proposed by Pétion, November 16, 1790 (sbid., vol. 20, p. 481).

“L'Assemblée nationale déclare que la ville d'Avignon et son territoire font partie de
l’Empire francais. Elle prie de roi de négocier avec la cour de Rome sur les indemnités qui
pourraient lui étre dues, pour ensuite les articles ainsi negociés etre fournis à son examen,
admis, modifiés ou rejétés par elle. Elle le prie, en outre, d'envoyer à Avignon une quantité
de troupes de ligne francaises suffisante pour prévenir les troubles et maintenir la paix.”

(Translation.)

“The National Assembly declares that the City of Avignon and its territory form a part
of the French Empire. It requests the King to negotiate with the Court of Rome as to
whatever indemnities may be due it, and that the resulting articles of this negotiation be
furnished to it for examination, to be accepted, amended or rejected by it. It further re-
quests the King to send to Avignon sufficient numbers of French troops of the line, to
prevent trouble and maintain peace.”

Draft Decree proposed by Robespierre, November 18, 1790 (ibid., vol. 20, p. 530).

“L'Assemblée nationale déclare que la ville d’Avignon et son territorie font partie de
l'Empire francais, ordonne que tous ses décrets y seront aussitót envoyés pour y étre exé-
cutés comme dans le reste de la France.”

(Translation. )

“The National Assembly declares that the city of Avignon and its territory form a part
of the French Empire, and orders that all its decrees shall be sent there at once to be exe-
cuted as in the rest of France.”

1 Arch. parl., 1st series, vol. 25, p. 452 et seq.

AVIGNON AND THE VENAISSIN, 1791

soumettre de nouveau á votre délibéra-
tion une question sur laquelle il est
temps enfin de prononcer définitive-
ment, si vous voulez prévenir la de-
struction de 150,000 individus livrés
à toutes les horreurs d'une guerre
civile alimentée par les passions les
plus violentes.

L'état d'Avignon et le Comtat Ve-
naissin seront-ils réunis à la France?
Telle est la question sur laquelle vous
avez à délibérer.

Cette question se subdivise en plu-
sieurs parties.

Quinzième et Dernière Question

Le vau des Avignonais et des Com-
tadins est-il suffisamment exprimé?

Plusieurs actes des plus authen-
tiques, passés depuis le mois de mai
de l’année dernière, jusqu’aujour-
d'hui, prouvent évidemment le vœu
des Avignonais pour se réunir à la
France.

L'un en date du 14 juin 1790 est la
délibération des 9 districts d' Avignon
et dépendances, votant formellement
la réunion á la France. . . .

Il résulte de tout ce que je viens
d'avoir l’honneur de vous dire, Mes-
sieurs, 1° que 59 communautés du
Comtat ont pris, depuis le mois de
juin 1790 jusqu'au mois de février
1791, des délibérations authentiques
pour se réunir à la France;

2° Que depuis le 14 janvier
jusqu'au 20 du méme mois, toutes les

189

Avignon, to again submit to your
consideration a question which must
be finally decided if you wish to pre-
vent the destruction of 150,000 indi-
viduals, given over to all the horrors
of a civil war fostered by the most
violent passions.

Shall the State of Avignon and the
Comtat Venaissin be united to
France? That is the question you
have to consider.

The question may be divided into
several parts.

Fifteenth and Last Question

Is the vote of the people of Avig-
non and of the Comtat sufficiently ex-
pressed?

Several most authentic acts occur-
ring since the month of May of last
year, up to the present day, prove
clearly the desire of the people of
Avignon to unite themselves to
France.

One, under date of June 14, 1790,
is the decision of nine districts of
Avignon and its dependencies, voting
formally for union with France. . . .

It follows from all that I have just
had the honor to say to you, gentle-
men, (1) that fifty-nine communities
of the Comtat have, since the month of
June, 1790, and up to the month of
February, 1791, made authenticated
decisions to unite themselves with
France;

2. That from the 14th of Jan-
uary to the 20th of the same month,

190

communes du Comtat, excepté Val-
réas, ont, à l’exemple de Carpentras,
arboré les armes de France, et mani-
festé leur voeu pour la réunion;

4° Qu'il n'existe aucun acte portant
révocation des délibérations des 59
communes citées ci-dessus, ou éma-
nant des 39 autres, pour manifester
un vœu contraire à la réunion; d’où
je conclus avec tous les départements
envirormants, que le vœu de la ma-
jorité des habitants du Comtat est en
faveur de la-réunion.

Résumé Général
J'ai prouvé qu'avant les années
1229, 1274 et 1348, Avignon et le
Comtat Venaissin avaient toujours
fait, quoique séparés entre eux, par-
tie intégrante du Comté de Provence;
Qu'en 1229, de l’aveu même du pape
Grégoire IX, le Comtat ne lui avait

été cédé qu’à titre de dépot;
Qu'en 1235, ce comté avait été res-

titué au comte de Toulouse;

Quen 1274, Philippe le Hardi,

auquel il n'appartenait pas, n'avait pu
le céder légitimement au -pape Gré-
goire X;

Qu'en 1125, 1308 et 1343, ces deux

états avaient été greves de substitu-
tions, avec défense expresse d'aliéner ;

Que, d'aprés ces substitutions et ces
défenses d'aliéner, et à defaut de ma-
jorité, Jeanne n'avait pu vendre Avig-
non en 1348;

Que, en conséquence, la vente. ou

DOCUMENTS

all the communes of the Comtat, ex-
cept Valréas, have, following the ex-
ample of Carpentras, raised the arms
of France and manifested their desire
for the union;

4. That there exists no act ex-
pressing a revocation of the decisions
of the fifty-nine communes above
cited, or emanating from the thirty-
nine others, to show a desire contrary
to union; from which I conclude, with
all the neighboring departments, that
the vote of the majority of the inhab-
itants of the Comtat is in favor of the
union.

General Summary

I have proved that before the years
1229, 1274, and 1348, Avignon and
the Comtat Venaissin, although sepa-
rate from each other, formed an in-
tegral part of the County of Provence;

That in 1229 Pope Gregorv IX
himself admitted that the Comtat had
been ceded to him only in trust;

That, in 1235 this County was re-
stored to the County of Toulouse;

That, in 1274 Philip the Bold, to.
whom it did not belong, did not have.
the right to cede it to Pope Gregory
X,

That, in 1125, 1308 and 1343, those
two states were encumbered with en-
tails with express prohibition against:
alienation ;

That, on account of the entails and
prohibition against alienation, and be-
cause she was not of age, Joan had
no power to sell Avignon in 1348;

That, consequently, the sale or ab-

AVIGNON AND THE VENAISSIN, 1791

cession absolue de ces deux Etats était
de toute nullité et ne pouvait tout au
plus étre considérée que comme un
simple engagement;

Que, en vertu du droit d’hérédité,
les rois de Naples, comtes de Pro-
vence, ont continué d’être les vrais
propriétaires de ces deux états;

Qu'en vertu du testament de
Charles IV, dernier comte de Pro-
vence, Louis XI, roi de France, ses
successeurs et aujourd'hui la nation
française sont devenus les légitimes
propriétaires d' Avignon et du Comtat
Venaissin, domaines inaliénables dé-
pendant de la Provence;

Que la possession des papes n’a
jamais été paisible et que tous ceux
qui ont eu droit à la chose ont fait
des actes soit conservatoires, soit
révocatoires :

Que même quelques-uns d’entre eux
ont joui de toute la plénitude de leurs
droits en prenant possession de ces
deux pays.

J'ai également prouvé qu'en sup-
posant que les Avignonais et les Com-
tadins étaient autrefois deux peuples
libres et indépendants, ils ont néces-
sairement conservé ce caractère de
liberté et d'indépendance ;

Que si, de leur pleine et entière vo-
lonté, ils se sont autrefois soumis au
gouvernement du pape, ils ont le droit
d'en changer aujourd'hui et, .con-
séquemment, celui de- se réunir à la
nation française, s'ils y trouvent leur
avantage; .- .

. Qu'il est de l'intérêt de la France,
soit d'ordonner cette réunion, en vertu
de son droit, soit de l’accepter en vertu

191

solute conveyance of those two states
was null and void or could, at most,
be regarded only as creating a trust;

That, by right of inheritance, the
Kings of Naples, Counts of Provence,
have continued to be the rightful own-
ers of those two States;

That, by the last will and testament
of Charles IV, last Count of Pro-
vence, Louis XI, King of France, his
successors, and to-day the French na-
tion, have become the lawful owners
of Avignon and of the Comtat Venais-
sin, inalienable estates appurtenant to
Provence;

That the Popes have never had
peaceful possession and that all those
who had any rights .in the premises
have executed deeds either of entail or
reversion. |

That some of the claimants even
took possession of the two countries
and enjoyed the full use of their
rights.

I have likewise proved that the
Avignonais and the Comtadins, as-
suming them to have been formerly
two free and independent peoples,
must have preserved their liberty and
independence.

That, if formerly they freely sub-
mitted to the papal government, they
have to-day the right to change their
government, and, consequently, the
right to join the French nation, if
they consider such a change to their
advantage; |

That it is to the interest of France
either to order this union as of its own
right, or to accept. it as based on the

192

de celui des Avignonais et Comtadins;

Qu'il serait également désavanta-
geux pour la France et pour les Com-
tadins et Avignonais, que cette ré-
union n’eüt pas lieu; que cette mesure
ne peut raisonnablement causer ni in-
quietude ni jalousie, aux peuples et
princes étrangers.

J'ai également prouvé que, en or-
donnant cette réunion, la France ne
contrevenait á aucun de ses decrets;

Que le voeu des Comtadins et Avi-
gnonais était suffisamment exprimé.

Je conclus, en conséquence, à la ré-
union d'Avignon et du Comtat Ve-
naissin à l’Empire français. (Ap-
plaudissements à gauche.)

Voici le projet de décret que je suis
chargé de vous présenter :

‘“ L'Assemblée nationale, après
avoir entendu le rapport de ses comités
diplomatique et d'Avignon décrète ce
qui suit :

“1° Le Comtat Venaissin et la ville
d'Avignon, avec leurs territoires et dé-
pendances, font parties integrantes de
l'Empire français.

“2° Le roi sera prié de nommer
le plus promptement possible, 3 com-
missaires chargés de se rendre à Avig-
non et dans le Comtat Venaissin, avec
pleins pouvoirs pour consommer la
réunion, faire cesser toutes voies de
fait et hostilités, requérir, s'il est be-
soin, les troupes de ligne et gardes
nationales des départements environ-
nants, afin d’y rétablir le bon ordre et
la tranquillité.

“ Le roi est prié de faire négocier

DOCUMENTS

rights of the Avignonais and Com-
tadins ;

That it would be equally disadvan-
tageous for France and for the Com-
tadins and Avignonais if this union
did not take place; that this measure
can not reasonably cause either anx-
iety or jealousy to foreign peoples or
princes.

I have likewise proved that by or-
dering this union France would not in-
fringe on any of its own decrees;

That the wish of the Comtadins and
Avignonais has been sufficiently ex-
pressed.

I conclude, therefore, that Avignon
and the Comtat Venaissin should be
united to the French Empire. (Ap-
plause on the left.)

Here is the draft decree which 1 am
instructed to present to you:

“ The National Assembly, its com-
mittees on Diplomacy and on Avig-
non having been heard, decrees as
follows :

“1. The Comtat Venaissin and the
City of Avignon, with their territories
and dependencies, constitute integral
parts of the French Empire.

‘2. The king shall be requested to
name, as promptly as possible, three
commissioners who shall be instructed
to go to Avignon and the Comtat
Venaissin with full power to consum-
mate the union, to stop all acts of vio-
lence and hostility, to requisition, if
necessary, the troops of the line and
the National Guard of the surround-
ing departments in order to restore
quiet and good order.

“ The king is requested to enter into

AVIGNON AND THE VENAISSIN, 1791

avec la cour de Rome sur les indem-
nités et remboursements qui pourront
lui être légitimement dus.

“3° Le Président présentera dans
le jour le présent décret à l'acceptation
et sanction du roi.

“ L'Assemblée nationale charge ses
comités de Constitution, diplomatique
et d'Avignon, de lui présenter inces-
samment et d’après le compte qui sera
rendu par les commissaires du roi, un
projet de décret sur les moyens ulté-
rieurs d'exécution pour effectuer l’in-
corporation de la ville d'Avignon et
du Comtat Venaissin à l’Empire fran-

qais.”

M.L'ABBÉ Maury. . . . Apres que
M. le rapporteur vous a demandé
plusieurs délais pour faire son rap-
port, penseriez-vous qu'il y eút de l'in-
discrétion á vous demander que le
rapport fut ajourné? (Murmures a
gauche.) . .. Si vous voulez ac-
corder aux défenseurs des droits du
pape le délai nécessaire, vous pouvez
déclarer provisoirement que vous
prenez Avignon et le Comtat Venais-
sin sous votre protection spéciale que
vous y défendez tout acte d'hostilité.
Quelle que doive être votre délibéra-
tion, quand le décret de réunion de-
vrait être prononcé dans cette séance,
il n’y aurait toujours rien de plus ur-
gent que de faire cesser les hostilités,
et le décret que j'ose attendre de votre
humanité aurait toujours d'heureux
effet. . ..

Je demande de plus que l’Assemblée,
instruite des troubles qui intéressent

193

negotiations with the Court of Rome
regarding the indemnities and reim-
bursements that may be lawfully
due it.

“3. The President shall, this same
day, present the present decree to the
King for acceptance and approval.

“ The National Assembly instructs
its Committees on the Constitution, on
Diplomacy, and on Avignon forth-
with to lay before it, in accordance
with a report to be made by the royal
commissioners, a draft decree as to
further means of effectuating the in-
corporation of the City of Avignon
and of the Comtat Venaissin into the
French Empire.”

M. L'ABBÉ Maury... . Since the
chairman has requested several delays
in order to make his report, would you
think it indiscreet to ask that action
thereon be adjourned? (Murmurs
on the Left.) . . . If you wish to
grant the necessary delay to the de-
fenders of the papal rights you can
declare provisionally that you take
Avignon and the Comtat Venaissin
under your special protection and
that you prohibit all hostile acts
therein. Whatever decision you may
come to, and although the decree of
union should be passed in this session,
the most urgent thing would still be
to bring about a cessation of hostili-
ties, and the decree I dare expect of
your humanity would in any case have
a happy effect. . . .

I ask that the Assembly, already
informed of the disturbances, which

194

d'autant plus sa solicitude, qu'elle a
appris que c'était au nom de la France
qu'on tentait de faire des conquétes,
déclare qu'elle prend sous sa protec-
tion spéciale la ville d'Avignon et
toutes les communes du Comtat, et
qu'elle défend provisoirement toute
espece d'hostilité.

Un membre à gauche:
droit ?

M. L'AbBÉ Maury. En vertu du
droit sacré que lui donnent les péti-
tions de la ville d'Avignon et du Com-
tat, qui ont réclamé son intervention
et sa protection.

Et de quel

M. DE CLERMONT-TONNERRE. . . .
J'appuie . . . Pajournement jusqu'au
délai demandé par M. l'abbé Maury;
et je demande en outre, que M. de la
Tour-Maubourg, qui connait mieux
que nous l’état des choses, puisqu'il a
fait le voyage d'Avignon en qualité
de colonel du régiment de Soissonais,
veuille bien nous indiquer les moyens
qui lui paraissent les plus propres à
rétablir le calme dans Avignon, et tout
particulièrement les moyens de retirer
du Comtat les déserteurs français qui
font toute la force de cette armée pré-
tendue patriotique à laquelle ils se sont
joints.

M. RoBEsPIERRE. Les horreurs qui
ont désolé le Comtat sont un pressant
motif de hater notre délibération et
non de l’entraver et de la retarder par
des discussions inutiles ou des ta-
bleaux exagérés de la situation des
Comtadins.

L'envoi d'une force quelconque

DOCUMENTS

bespeak its care all the more because,
as it has learned, conquests have been
attempted in the name of France,
that the Assembly take the City of
Avignon and all the communes of the
Comtat under its special protection
and prohibit provisionally all manner
of hostilities.

A member on the Left.
what right?

M. L'ABBÉ Maury. By the sacred
right conferred by the petitions of the
City of Avignon and of the Comtat
which have invoked the intervention
and protection of this body.

And by

M. DE CLERMONT-TONNERRE. . . .
I... support a postponement for
the length of time asked for by M.
the Abbé Maury; and I further ask
that M. de La Tour-Maubourg, who
knows the state of things better than
we, since he has made the journey to
Avignon in the capacity of colonel of
the Soisson regiment, will please indi-
cate to us the means that seem to him
most suitable to reestablish quiet in
Avignon, and more particularly the
means to draw from the Comtat the
French deserters who form the main
force of this pretended patriotic army
to which they are attached.

M. ROBESPIERRE. The horrors
that have desolated the Comtat make
a pressing reason to hurry our delib-
eration and not to hinder and retard
it by useless discussions or exagger-
ated pictures of the situation of the
people of the Comtat.

To send any force whatever into the

AVIGNON AND THE VENAISSIN, 1791

dans le Comtat, sans la déclaration de
réunion à la France, serait une viola-
tion manifeste du territoire étranger.
Si nous n'avons aucun droit sur ce
pays, nous ne pouvons y envoyer
d'armée sans être des oppresseurs. Si
nous avons des droits, il faut le dé-
clarer et agir sans délai. D'ailleurs
les mesures provisoires ne pourraient
avoir que de funestes effets. Ne
pourrait-on pas croire que vos troupes
ne seraient venues que pour en im-
poser aux partis victorieux; et si le
chef de ces troupes avait adopté des
principes contraires à ce parti, ne
pourrait-on pas soupçonner, que le
chef et l’armée seraient venues pour
protéger ce qu’on appelle le parti aris-
tocratique, qui est le parti vaincu.

Je demande, en conséquence, que
l'ajournement soit rejeté et que la dis-
cussion commence sur le fond du pro-
jet de décret.

M. MALouET.! Tout le système du
- comité, les moyens, les raisonnements,
les conclusions du rapport portent
cumulativement sur des principes en-
tre lesquels il faut opter; car ils se
détruisent l’un l’autre. Ces deux
principes sont le droit de propriété et
de souveraineté du territoire qu’on at-
tribue par transmission et hérédité au
roi des Français, et point au pape,
réduit à la condition de simple en-
gagiste. Cette partie du rapport est
la plus enrichie de faits, de citations,
de monuments historiques, dont la
diversité se prête à tous les systèmes,
à toutes les prétentions; car vous

1 Session of May 2, p. 4%.

195

Comtat, without a declaration of
union with France, would be a mani-
fest violation of foreign territory. If
we have no rights over this country,
we can not send an army there with-
out being oppressors. If we have
rights, we must declare it and act
without delay. Moreover the provi-
sional measures could only have un-
fortunate effects. Might they not be-
lieve that your troops had come only
to overawe the victorious parties; and
if the leader of these troops had
adopted any principles contrary to
this party, might they not suspect that
the leader and the army had come to
protect what is called the aristocratic
party, which is the conquered party.

I ask, consequently, that the post-
ponement be rejected and that the dis-
cussion begin on the subject of the
draft decree.

M. MALOUET. The whole scheme
of the committee, the methods, the
reasoning, the conclusions of the re-
port rest cumulatively upon principles
between which one must choose; for
they mutually destroy one another.
These two principles are the right of
property and of sovereignty in the ter-
ritory which is attributed by trans-
mission and heredity to the King of
the French, and not at all to the Pope,
who is reduced to the condition of a
mere tenant. This part of the report
is the richest in facts, citations, his-
toric records, the diversity of which
lends itself to all schemes, to all pre-

196 DOCUMENTS

n'oubliez point, Messieurs, que c'est
aussi sur des monuments historiques
que les cours de Vienne, de Péters-
bourg et de Berlin se sont partagé la
Pologne.

Le second principe auxiliaire du
comité et de M. le rapporteur est le
droit qu'a chaque peuple de se déclarer
libre, indépendant de la domination du
prince auquel il a obéi jusqu'au mo-
ment où il lui plait de changer la forme
de son gouvernement. Je ne m'at-
tache qu’à ces deux divisions princi-
pales dont les 15 articles en question
sont des subdivisions,

Avant de passer outre, je demande
à M. le rapporteur : dans quel systeme
raisonnez-vous ? :

Une nation qui se ressaisit de la
souveraineté de son territoire n'a pas
besoin de chartes et de monuments
historiques; sa volonté et sa force,
voilà la mesure de ses pouvoirs; celle
de ses droits ne peut être que la jus-
tice et l’interet de tous. Il n'en est
pas de méme d'un prince qui exerce
la souveraineté; il lui faut ou une
délégation spéciale du peuple qui lui
obéit, ou un titre successif reconnu
par ses sujets et par les autres souve-
rains. Voilà ses droits á une exist-
ence tranquille et leur condition es-
sentielle est d’être incommunicable à
aucun autre prince, á aucune société
politique, autrement que par les mémes
principes qui les constituent.

Brúlons donc les publicistes qui
pourraient défendre le pape et non le
systeme du comité et arrivons aux

tentions; for do not forget, gentle-
men, that it is also on historical rec-
ords that the courts of Vienna, Peters-
burg and Berlin divided Poland among
themselves.

The second auxiliary principle of
the committee and of the reporter is
the right every people possesses of de-
claring itself free and independent of
the domination of the prince whom it
has obeyed up to the moment that it
pleases to change the form of its gov-
ernment. I will only apply myself to
these two principal divisions of which
the fifteen articles in question are sub-
divisions.

Before proceeding, I ask the re-
porter: on what system do you rea-
son ?

A nation which takes back to itself
the sovereignty of its territory has no
need of charters and historical rec-
ords; its will and its force, those are
the measure of its powers; that of its

rights can only be justice and the in- -

terest of all. It is not the same with
a prince who exercises sovereignty;
he must have either a special delega-
tion of it from the people who obey
him, or a title of succession recog-
nized by his subjects and by other sov-
ereigns. These are his rights to a
quiet life and their essential condition
is that they are incommunicable to
any other prince, to any other political
society, otherwise than on the same
principles which constitute them.
Therefore let us burn the publicists
who would defend the Pope and not
the system of the committee and let

AVIGNON AND THE VENAISSIN, 1791

droits de l’homme, aux droits des peu-
ples qui forment le second moyen de
M. le rapporteur.

Je dirai donc comme vous: tout
peuple rassamblé a le droit de se dé-
clarer libre, indépendant, et de changer
son gouvernement avec cette condi-
tion préalable que la volonté de tous
sera librement manifestée par des
formes légales et solennelles. Est-ce
là le caractère du vœu des Avigno-
nais et Comtadins, demandant leur ré-
union à la France?

Au lieu de la voix majestueuse d'un
peuple délibérant, je ne distingue que
celle des brigands et des bourreaux,

les cris des assassins, les gémissements *

des victimes, les plaintes des fugitifs;
voilà ce que j'entends depuis la pre-
mière époque de l'insurrection.
Avant cette époque, vous avez pu con-
naitre la volonté générale; elle s’est
librement et unanimement manifestée.
Les habitants d'Avignon et du Com-
tat savaient alors qu’un parti puissant
en France protégerait leur réunion,
que des membres de cette Assemblée
la sollicitaient; mais aucune force
armée, aucune faction ne les menagait
encore: ils pouvaient donc librement
s'expliquer. . . . C'est dans de telles
circonstances que les habitants, que les
communes ont voté unanimement le
renouvellement de leur serment de
fidélité au pape et à son gouverne-
ment.

Je dis que l’époque de cette délibera-
tion est la seule époque de la liberté
pour le Comtat, pour la ville d'Avig-

197

us come to the rights of man, to the
rights of peoples which forms the sec-
ond method of the reporter.

I will say then as you do: every as-
sembled people has the right to declare
itself free, independent, and to change
its government, with this preliminary
condition that the will of all shall be
freely shown by legal and solemn
forms. Is this the character of the
vote of the people of Avignon and of
the Comtat asking union with France?

In place of the majestic voice of a
deliberating people, I distinguish only
that of brigands and butchers, the
cries of assassins, the groans of vic-
tims, the complaints of fugitives; that
is what I hear from the first period of
the insurrection. Before that period,
you have been able to learn the general
will; it was freely and unanimously
shown. The inhabitants of Avignon
and the Comtat knew then that a pow-
erful party in France would protect
their union, that members of this As-
sembly were asking for it; but no
armed force, no faction yet menaced
them; therefore they could express
themselves freely. . . . It was under
such circumstances that the inhabi-
tants, the communes, voted unani-
mously the renewal of their oath of
fidelity to the Pope and his govern-
ment.

I say that the epoch of this decision
is the only epoch of liberty for the
Comtat, for the City of Avignon; at

198 DOCUMENTS

non; dans ce temps-là, les officiers mu-
nicipaux étaient nommés au scrutin,
dans ce temps-là, toutes les idées nou-
velles, toutes les circonstances environ-
nantes favorisaient la plus libre émis-
sion du vœu des Comtadins et des
Avignonais; dans cet état ils avaient
jugé de leur intéret, de la convenance
méme de renoncer à leur prince; ils
avaient la certitude d'étre fortement
protégés; dans ce temps-là ils ne l'ont
pas fait, et depuis ce temps-là ils n’ont
pas eu une seule époque, un seul in-
stant de liberté d’opinion, de sécurité
dans leurs personnes, et dans leurs
propriétés.

M. RoBESPIERRE. En nous parlant
du procès-verbal qui constate le vœu
des Avignonais, M. l’abbé Maury au-
rait di ajouter que c'était le résultat
d’une délibération des anciennes com-
munautés du Comtat, qui, loin d’être
l'expression du peuple, n'était que
celle des anciens officiers municipaux
maitrisés par l'influence du pape. La,
comme en France, il y avait un parti
contre le vœu du peuple; la noblesse
et le clergé se sont armés, on en est
venu aux mains; le parti populaire a
vaincu la ligue des aristocrates. . . .

Il n’y a pas de difficulté d’abord sur
ce vœu, où il est prouvé que, par les
faits historiques qui vous ont été dé-
veloppés, le peuple avignonais formait
un Etat séparé de l'Etat Venaissin. Il
est donc évident qu'il a eu le droit de
demander seul la réunion à la France.

that time the municipal officers were
nominated by ballot, at that time all
the new ideas, all the surrounding cir-
cumstances favored the freest expres-
sion of the vote of the people of the
Comtat and of Avignon; in that con-
dition they judged of their interest,
even of the propriety of renouncing
their prince; they had the certainty of
being strongly protected; at that time
they did not do it, and since that time
they have not had a single period, a
single instant of liberty of opinion, of
security for their persons and for their

property.

M. RoBESPIERRE. In telling us of
the official report proving the vote of
the people of Avignon, M. 1'Abbé
Maury should have added that it was
the result of a decision of the old com-
munities of the Comtat, which, far
from being the expression of the peo-
ple, was only that of old municipal of-
ficers dominated by the influence of
the Pope. There, as in France, there
was a party opposed to the wish of
the people; the nobility and the clergy
armed themselves, they came to
blows; the popular party conquered
the league of aristocrats. .

There is, in the first place, no diffi-
culty regarding this vote when it is
proved, by the historical facts which
have been shown you, that the people
of Avignon formed a separate State
from the Venaissin State. It is there-
fore evident that they had the right to
ask by themselves for union with
France.

AVIGNON AND THE VENAISSIN, 1791

Passons au Comtat. Nous avons
encore la majorité du Comtat, ma-
jorité incontestable, si on veut écouter
la vérité, et ne point poursuivre le sys-
teme d'embarrasser l’Assemblée na-
tionale par des doutes que les faits
ont démentis. M. le rapporteur vous
a attesté qu'il était porteur des décla-
rations de 51 communautés du Com-
tat qui demandent formellement leur
réunion á la France. Ces 51 com-
munautés forment évidemment la ma-
jorité sur 95: aucun de nous ne peut
douter du vœu des Comtadins. Si
vous réunissez le Comtat avec Avig-
non, pouvez-vous désirer une majorité
plus complète ?

M. pe La Tour-MAUBOURC. . . .

Puisque je suis provoqué à énoncer
ici mon opinion, je dirai, d'après ce
que j'ai entendu dire sur les droits
positifs de la nation frangaise et du
pape, qu'il ne me reste aucun doute
que nous avons plus de droit que le
pape á la souveraineté d'Avignon.
(Applaudissements. )

Il me reste à parler de la seconde
question : le vœu du peuple avignonais
et du peuple comtadin est-il bien con-
staté et suffisamment exprimé? Je
m’exprimerai à cet égard avec la même
franchise.

Depuis que je suis revenu d’Avig-
non, je n’en ai reçu que des lettres
anonymes que j'ai eu soin de remettre
au comité diplomatique, et auxquelles
il n’a sans doute pas eu plus d'égard
que de raison.

Mais, quand j'étais à Avignon, il
est certain que le vœu de quelques
communes du Comtat a été forcé;

199

Let us pass to the Comtat. We
still have the majority in the Comtat,
an undeniable majority, if we will
listen to the truth, and not follow the
method of embarrassing the National
Assembly by doubts which the facts
belie. The gentleman who made the
report has testified that he was the
bearer of the decisions of fifty-one
communities of the Comtat who for-
mally ask their union with France.
These fifty-one communities evidently
form the majority out of ninety-five;
not one of us can doubt the vote of
the people of the Comtat. If you
join the Comtat to Avignon, can you
want a majority more complete ?

M. DE La Tour-MAUBOURC. . . .

Since I am challenged to announce
my opinion here, I will say, that after
what I have heard said concerning the
positive rights of the French nation
and of the Pope, that I have no
longer the slightest doubt that we have
more right than the Pope to the sov-
ereignty of Avignon. (Applause.)

It remains to speak of the second
question : is the vote of the people of
Avignon and of the people of the
Comtat fully verified and sufficiently
expressed? I will express myself in
this respect with the same frankness.

Since I returned from Avignon, I
have received from there only anony-
mous letters which I have taken care
to send to the Diplomaic Committee,
and for which no doubt it has had no
more respect than was proper.

But when I was in Avignon, it is a
fact that the vote of some communes
of the Comtat was forced; I have seen

200

j'ai vu que ceux qui voulaient la re-
union arrachaient les voeux de ceux
qui ne la voulaient pas, en y emplo-
yant la force et les armes: on s'est
servi pour cela des déserteurs des rég-
iments de Soissonais et de quelques
dragons de Penthiévre. De tels suf-
frages ne sont certainement ni libres
ni valides.

Je ne sais si, depuis mon départ, on
a pris des voies plus légales.

D'après cela, ce que je croirais qu’il
y aurait a faire, ce serait d'abord d'y
envoyer des troupes suffisantes pour
rétablir l’ordre et ensuite de mettre le
peuple à méme de pouvoir manifester
son vœu, quelqu'il soit, d'une façon
plus libre et plus légale que la pre-
miére fois. (Murmures.)

M. DE @CLERMONT-TONNERRE.
Pour prendre enfin une résolution dé-
finitive sur la proposition de réunir à
la France Avignon et le Comtat Ve-
naissin, il suffit de se réduire à 2
points.

La France a-t-elle un droit positif
sur Avignon et le Comtat Venaissin?

Avignon et le Comtat Venaissin
ont-ils librement et formellement émis
le voeu de se réunir à la France?

Je ne m'appesantirai pas sur la pre-
mière de ces 2 questions:! . . .

. . . Je rappelle le principe du par-
lement de Provence; le voici: Sans
préjudice des droits du roi de la cou-
ronne, comme étant imprescriptibles
et inalienables. (Applaudissements à

DOCUMENTS

those who wished the union seize the
votes of those who did not wish it, by
using force and arms: for that pur-
pose they made use of the deserters
from the regiments of Soissons and of
some dragoons of Penthièvre. Such
votes are certainly neither free nor
valid.

I do not know whether, since my
departure, they have used more legal
means.

Considering this, what I should
think ought to be done, would .be first
to send there sufficient troops to re-
establish order and then to put the
people again in the way of manifest-
ing their wish, whatever it might be,
in a manner more free and more legal
than the first time. (Murmurs.)

M. DE CLERMONT-TONNERRE. To
take finally a definite resolution upon
the proposition to unite Avignon and
the Comtat Venaissin with France, it
is enough to reduce it to two points.

Has France a positive right over
Avignon and the Comtat Venaissin ?

Have Avignon and the Comtat Ve-
naissin freely and formally cast their
vote to unite themselves with France?

I shall not dwell upon the first of
these two questions.! .

. . . I recall the principle of the
parliament of Provence; it is this:
Without prejudice to the rights of the
King and of the Crown, as being im-
prescriptible and inalienable. (Ap-

1 There follows an examination of the validity of the historical claims of France to

the territory.

AVIGNON AND THE VENAISSIN, 1791

gauche.) . . . Mais, Messieurs, si, au
milieu des principes politiques que
vous professez, il était encore permis
d'invoquer celui dont je parle, vous
auriez fait la plus illusoire des décla-
rations quand vous vous étes interdit
les conquétes; une rentrée de domaine
n'est pas une conquéte, et toute aliéna-
tion de domaine étant imprescriptible,
vous auriez possibilité toujours en
decà de votre déclaration, mais fort
au delà de vos frontières actuelles, de
revendiquer successivement les do-
maines qui ont incontestablement ap-
partenu à Charlemagne, et le tout sans
autre intention que celle indiquée par
M. le rapporteur, de consulter pour
l’époque des reprises, le plus ou moins
de force, des puissances qui en se-
raient en possession. On sent l’ab-
surdité de la conséquence; cependant
j'ai raisonné juste; c'était donc dans
le principe que se trouvait l'absurdité.
C'est ce principe qui peut seul servir
d'appui aux droits plus qu'équivoques
que nous pourrions prétendre sur
Avignon. Il faut donc renoncer á ce
droit, il faut renoncer à ces arguties
diplomatiques, il faut renoncer à la
réunion d'Avignon, si le vœu du peu-
ple bien librement, bien clairement ex-
primé, ne nous donne pas un meilleur
droit. M. le rapporteur nous a suc-
cinctement rendu compte du vœu des
communes comtadins ; il nous a dit que
sur 95 communes, nous avions le vœu
de réunion de 51; la majorité est de
7, ce résultat est mot á mot celui
qu'ont présenté MM. Tissot et Pallin,
députés d' Avignon. Ce sont les bases

201

plause on the Left.) . . . but, gentle-
men, if notwithstanding the political
principles that you profess, it were still
permitted to invoke the one of which
I am speaking, you would have made
the most illusory of declarations when
you forbade yourselves conquest; re-
entry into a domain is not conquest,
and all alienation of domain being im-
prescriptible, you would have had the
possibility always on this side of your
declaration, and far on the other side
of your actual frontiers, of claiming
successively the domains that incon-
testably belonged to Charlemagne, and
all this without any other intention
than that indicated by the gentleman
who made the report, of considering,
at the time of taking them back, the
greater or less force of the powers
that might be in possession. You see
the absurdity of the conclusion; nev-
ertheless, I have reasoned correctly;
it was therefore in the principle that
the absurdity was found. It is this
principle alone that can serve as a
support to the more than equivocal
rights that we could assume concern-
ing Avignon. Therefore we must re-
nounce this right, we must renounce
these diplomatic quibbles, we must re-
nounce the union of Avignon, if the
vote of the people quite freely, quite
clearly expressed, does not give us a
better right. The reporter has given
us a succinct account of the vote of the
communes of the Comtat; he has told
us that out of ninety-five communes,
we had the vote of union of fifty-one;
the majority is seven, and this result

202

de ce calcul que je me suis permis
d'examiner, et je vais vous soumettre
mes résultats.

Avant d'entrer dans les détails, je
me borne a définir ce que j'appelle un
véritable voeu. Ce voeu doit avoir
trois caracteres: Il doit être libre;
il doit etre clairement énoncé; il doit
être légalement constaté. Ces trois
clauses sont rigoureusement néces-
saires. Un vœu non libre est nul;
un vœu conçu en termes ambigus est
inadmissible; un vœu non constaté
n'est pas un vœu. C'est à cette triple
épreuve que je vais soumettre ce qu'on
appelle le vœu de la majorité des com-
munes du Comtat Venaissin.

Je commencerai par les trois com-
munes dont le vœu m'a paru être le
moins attaquable.?

J'ai parcouru, Messieurs, toutes les
pièces qui pouvaient vous éclairer sur
le vœu des communes du Comtat Ve-
naissin; trois m'ont paru en avoir
émis un que je ne veux pas contester.

7 n’en ont évidemment émis aucun.

35 m’ont fourni des objections qui
me paraissent attaquer fortement la
légalité de leur vœu.

En effet, les caractères de la ter-
reur ne peuvent pas se méconnaitre.
C'est le 10 janvier que Cavaillon est
dévasté par les Avignonais; c'est du
10 au 30, c'est dans les 20 jours sui-

DOCUMENTS

is word for word that which was
presented by MM. Tissot and Pallin,
deputies of Avignon. These are the
bases of the calculation that 1 have
allowed myself to examine, and I am
going to submit to you my results.

Before entering into details, I will
confine myself to defining what I call
a true vote. This vote should have
three characteristics: It must be
free; it must be clearly stated; it must
be legally verified. These three pro-
visos are strictly necessary. A vote
not free is void; a vote expressed in
ambiguous terms is inadmissible; a
vote not verified is not a vote. To
this triple proof I am going to submit
what is called the vote of the majority
of the communes of the Comtat Ve-
naissin.

I shall begin with the three com-
munes whose vote appeared to me the
least questionable.!

I have looked over, gentlemen, all
the papers which could enlighten you
concerning the vote of the communes
of the Comtat Venaissin; three seem
to me to have given one that I do not
want to contest. |

Seven have evidently given none
whatever.

Thirty-five have furnished objec-
tions which seem to me to attack
strongly the legality of their vote.

In fact the characteristics of terror
can not be mistaken. It was the 10th
of January when Cavaillon was devas-
tated by the people of Avignon; it
was from the 10th to the 30th, that is,

1 The detailed examination of the votes of the individual communes is omitted.

AVIGNON AND THE VENAISSIN, 1791

vants que les 35 délibérations sont
prises ; elles sont fondées sur la néces-
site, le salut du peuple, et l'empire des
circonstances. On y allégue l’aban-
don du pape, et cet abandon méme
n'est pas exact. Le pape a, par une
lettre du 6 octobre 1790, réclamé les
bons offices et la protection de la
France pour rétablir la paix et l’ordre
dans ce malheureux pays. Je sais
qu'une demande de secours n'est pas
un secours effectif ; mais peut-être est-
il permis de dire ici qu’un prince
faible, qui met ses sujets sous la pro-
tection du roi des Français, peut
croire ne les avoir pas abandonnés.

Il y a loin, Messieurs, du résultat
de l'examen que je vous ai soumis à
celui que vous présentait M. le rap-
porteur. Il vous annonçait 51 com-
munes ayant formé un vœu formel
de réunion; et, en compulsant les
pièces, je n’en trouve que 44 dont il
existe des délibérations quelconques.
Sur ce nombre, j'en retranche 7 par
des raisons qu'il est impossible d’at-
taquer ; et sur les 37 restantes, il n’en
est que 3 qui présentent l'apparence
d'un consentement, les autres sont
viciés de toute part; aucune n'est en
même temps libre, positive et con-
statée. Ici le nombre des votants est
omis, là c'est un simple certificat sans
forme légale; dans quelques pièces, ce
sont des ratures coupables qui al-
terent leur sens; souvent, ce sont de
simples copies envoyées par les Avig-
nonais qui disent avoir les minutes,
circonstance qui les annule toutes; car

203

in the twenty days following, that the
thirty-five decisions were taken; they
are based on necessity, the welfare of
the people, and the force of circum-
stances. The abandonment of the
Pope is alleged therein and even this
abandonment is not exact. The Pope
by a letter of October 6, 1790, called
for the good offices and the protection
of France to reestablish peace and or-
der in that unhappy country. I know
that a request for help is not an effec-
tive succor; but perhaps it is permis-
sible to say here that a feeble prince
who puts his subjects under the pro-
tection of the King of the French.
may believe that he has not abandoned
them.

There is a great distance, gentle-
men, between the result of the exami-
nation I have submitted to you and
that presented to you by the gentle-
man who made the report. He an-
nounced to you that fifty-one com-
munes had made a formal vote of
union; and, by forcing the records, I
found only forty-four of them in
which any decisions whatever exist.
Out of this number I take seven for
reasons which it is impossible to at-
tack; and out of the thirty-seven re-
maining, there are but three of them
which present the appearance of an
acquiescence, the others are entirely
vitiated; not one is at the same time
free, positive and verified. Here the
number of voters is omitted, there it
is simply a certificate without legal.
form, in some papers there are cul-
pable erasures that alter their sense;
often they are simple copies sent by

204

une pièce qui n'est fournie et cer-
tifiée que par la partie adverse ne fut
jamais une piece probante. . . .

Je conclus à ce que la réunion ne
soit pas décrétée ; mais, frappé comme
tous les membres de cette Assemblée,
des dangers affreux auxquels sont ex-
posés les citoyens de cette contrée si
heureuse il y a deux ans, je désire que
vous y portiez la paix; je soutiens que
vous le pouvez dans tous les systémes
et dans toutes les hypothèses.

En droit positif, vous étes requis
par le prince, sa réquisition est du
mois d’octobre dernier; en droit na-
turel, vous l’êtes par les malheureux
Comtadins, dont tous les prétendus
vœux de réunion se réduisent à ce
seul cri: Sauvez-nous, car on nous
égorge. Je crois que les Avignonais
eux-mémes vous sauront gré de leur
épargner des crimes; je ne croirai pas
qu’ils prétendent vous résister, quoi-
qu’un honorable membre nous ait an-
noncé dans la séance d'avant-hier et
leur résistance future, et méme la dés-
obéissance des départements qu'il croit
attachés a leur cause.

Je crois que les commissaires qu'il
faut envoyer dans le Comtat et à Avig-
non doivent être provisoirement re-
vêtu de grands pouvoirs, il faut que
les forces soient assez considérables
pour que l'impossibilité de la résist-
ance ramène súrement le calme; il
faut que toutes les autorités usurpa-

DOCUMENTS

the people of Avignon who say that
they have the minutes, a fact that an-
nuls them all; for a paper which is
furnished and certified only by the ad-
verse party never was a probatory
document. . . .

I conclude that the union should not
be decreed; but being struck, like all
the members of this Assembly, by the
frightful dangers to which are ex-
posed the citizens of this country so
happy two years ago, I want you to
introduce peace there; I maintain that
you can do it on all grounds and on
all hypotheses.

By positive right, you are called
upon by the prince, his requisition is
of the month of October last; by nat-
ural right, you are also called upon by
the unhappy people of the Comtat, all
of whose pretended votes of union re-
duce themselves to the sole cry: Save
us for we are being slaughtered. I
believe that the people of Avignon
themselves will thank you to spare
them crimes; I will not believe that
they may try to resist you, although
an honorable member announced to us
at the session of day before yesterday,
both their future resistance and even
the disobedience of the departments
that he thinks attached to their cause.

I think that the commissioners
whom it is necessary to send into the
Comtat and to Avignon must be provi-
sionally clothed with great powers, it
is necessary that the forces be rather
large so that the impossibility of re-
sistance may surely bring about tran-
quillity; it is necessary that all the

AVIGNON AND THE VENAISSIN, 1791

trices disparaissent devant les com-
missaires que vous enverrez; il faut
que, après ces préliminaires, le voeu
du peuple puisse étre émis avec tran-
quillité, et c'est alors que vous jugerez
si ce vœu peut devenir pour vous
l'objet d'une délibération.

M. pu CHATELET.! ... J'avais
pensé et je pense encore que la nation
a le droit et même le devoir d'employer
tous les moyens qui sont en sa puis-
sance pour mettre un terme aux hor-
reurs qui désolent depuis trop long-
temps un petit Etat environné de
toutes parts de départements français;
comme tout individu a le droit et
même le devoir d'user de toutes ses
facultés pour éteindre le feu qui em-
braserait la maison qui touche à la
sienne. . . .

Quant au vœu du peuple avigno-
nais, je ne Pai jamais regardé ni
comme assez généralement ni surtout
comme assez librement prononcé, et
il m'a paru que cette vérité vous avait
été démontrée dans tous ses détails
hier jusqu’à l'évidence.

Que votre humanité donc, que votre
intéret méme rétablisse promptement
l'ordre et le calme dans le Comtat;
éteignez-y les flambeaux de la dis-
corde; qu'il n’y ait plus dans ce mal-
heureux pays ni cruautés, ni victimes;
que les peuples du Comtat et d’Avig-
non se rassemblent ensuite librement,
paisiblement, légalement sous votre
protection tutélaire et vous obtiendrez
certainement par la reconnaissance ce

1 Session of May 3.

205

usurping authorities should disappear
before the commissioners whom you
shall send; it is necessary that, after
these preliminaries, the vote of the
people be cast in tranquillity, and then
you will judge whether this vote may
become the subject of your delibera-
tions.

M. pu CHATELET. . .. I had
thought and I still think that the na-
tion has the right and even the duty
of using all the means in its power to
put an end to the horrors which have
so long desolated a little State sur-
rounded on all sides by French de-
partments ; as every individual has the
right and even the duty of using all
his powers to put out the fire that
would consume the house touching his
OWN. . ..

As to the vote of the people of
Avignon, 1 never regarded it as cast
generally enough, or even freely
enough, and it seemed to me that this
fact had been demonstrated to you
yesterday in all its details, even to the
evidence.

Therefore let your humanity, let
your interest, even, reestablish
promptly order and calm in the Com-
tat; put out the torches of discord
there; let there be no longer cruelty
nor victims in that unhappy country;
let the peoples of the Comtat and of
Avignon then come together freely,
peaceably, legally under your tutelary
protection and you will certainly ob-
tain through gratitude what it would

206

qu'il serait indigne de vous de devoir
à la crainte ou à l'abus de la puissance.

M. PETION DE VILLENEUVE. . . .
Je dis, Messieurs, que les délibérations
qui ont été invoquées sont celles qui
ne peuvent pas être admises, et que ces
délibérations dont votre comité vous
a parlé, renferment un vœu libre, un
vœu volontaire, un vœu parfaitement
exprimé, et j’espere vous le démontrer.
(Rires à droite.)

Je dis qu'il n’y a pas une commune
dans le Comtat qui ne désire la ré-
union avec la France; il n'est pas une
commune, Messieurs, qui n'ait arboré
les armes de la France. Quelle est la
difficulté qui survient aujourd'hui en-
tre les Comtadins et les Avignonais ?
Croyez-vous que ce soit pour la ré-
union à la France? Non; les troubles
viennent principalement d'une jalousie

entre Avignon et Carpentras, suscitée

par les ennemis du bien public précisé-
ment pour empêcher la réunion.!

L'Assemblée décrete qu'il ne sera
plus entendu personne.? (Applaudis-
sements dans les tribunes.)

LE PRÉSIDENT. Au nom de l’As-
semblée je déclare aux tribunes et aux
galeries que je ferai sortir le cóté qui
le premier donnera le moindre signe
d'applaudissement.

Il va être procédé à l’appel nominal.

Voici le résultat de l’appel nominal

DOCUMENTS

be unworthy of you to owe to fear or
to the abuse of power.

M. PÉTION DE VILLENEUVE. . . .
I say, gentlemen, that the decisions
that have been invoked are those that
can not be admitted, and that the deci-
sions of which your committee has
told you, comprise a free vote, a vol-
untary vote, a vote properly ex-
pressed, and I hope to prove it to you.
(Laughter on the Right.)

I say that there is not a commune in
the Comtat that does not desire union
with France; there is not a commune,
gentlemen, that has not set up the
arms of France. What is the diffi-
culty arising today between the people
of the Comtat and those of Avignon?
Do you think it is on account of the
union with France? No; the troubles
come chiefly from a jealousy between
Avignon and Carpentras, created by
the enemies of the public good pre-
cisely in order to prevent the union.

The Assembly decrees that no more
speakers shall be heard. (Applause
in the galleries.)

THE PRESIDENT. In the name of
the Assembly I announce to the trib-
unes and the galleries that I will have
ejected the side that first gives the
slightest sign of applause.

The roll call will be proceeded with.

This is the result of the roll call on

1 The debate, frequently interrupted by disorder, occupied the remainder of the session,
the leading exponents of the two extreme views being the Abbé Maury and Bouche. On
May 4 the debate was resumed with the same heat.

2 Session of May 4.

AVIGNON AND THE VENAISSIN, 1791

sur le premier article du projet de dé-
cret du comité portant réunion d’Avig-
non et du Comtat Venaissin à la
France. .

Le nombre des votants a été de 870;

316 ont voté ous.

487 ont voté non.

67 n’on pas donné de voix.

En conséquence, l’Assemblée na-
tionale a rejeté le premier article du
comite.!

207

the first article of the draft decree of
the Committee on Union of Avignon

and the Comtat Venaissin with
France. | |

The number voting was 870;

316 voted yes.

487 voted no.

67 gave no vote.

Consequently the National Assem-
bly has rejected the first article of the
committee.

Draft Decree for the Union of Avignon Proposed by Menou in the Third Re-

port of the Committees on Avignon.

M. DE MENOU, rapporteur. . . . Je
ne parlerai pas du premier vœu formé
par les Avignonais, dans le mois de
juin 1790, puisqu'on m'objecte qu'il
fut émis au milieu du tumulte, du dé-
sordre et du massacre de plusieurs
citoyens.

Je passe aux actions subséquents.
Tous renferment le vœu le plus so-
lennel, le plus libre, le plus légal de se
réunir à la France.

Le premier est un serment prêté sur

May 24, 1791 ?

M. DE MENOU, reporter... . I
shall not speak of the first wish of the
Avignon people, in June, 1790, since it
is objected that it was uttered in the
midst of tumult, of disorder and of
the massacre of several citizens.

I pass to subsequent acts. All con-
tain the most solemn, most free and

most legal wish to be united to France.

The first is an oath of allegiance to

1 M. PÉTION DE VILLENEUVE, speaking in the Session of May 4, said: “. .. Three opin-

ions yesterday divided the Assembly. Some did not wish for union; others wished for
union at the present time, and still others wished for union, but at a more distant time.
Now, gentlemen, there were therefore two parties that desired union, but one of which
wanted immediate union and the other wanted union at a more distant time, and the fact
can still less be denied that those very persons who, on the question, declared either that they
had no voice, or that they were for the negative, expressed themselves in the clearest and
most precise manner in this tribune.

They had said: The vote of the people of Avignon and of the Comtat does not seem
to us a vote expressed in a manner sufficiently free and voluntary (Murmurs from the
Right), and that is why we do not ask immediate union; but these members who did not want
present union, far from saying that they did not wish for union, on the contrary thought
and said clearly that, if the vote seemed free, seemed voluntary, taken in moments of tran-
quillity, far from opposing the union, they would themselves ask for it.”

2 Arch, parl., 1st series, vol. 26, p. 362,

208

la roche du Don par toutes les gardes
nationales d'Avignon, et de son terri-
toire, à la Constitution francaise, à la
nation, à la loi et au roi; il est en date
du 14 juillet, jour de la fédération
generale de l’Empire francais. Il
fut preté en présence de plusieurs dé-
tachements de gardes nationales des
villes frangaises voisines d'Avignon.
Le deuxiéme est une lettre écrite par
la municipalité d'Avignon à l’Assem-
blée nationale, au nom des habitants
de cette ville, pour demander la ré-
union. Elle est du 13 août 1790.

Le troisième est un nouveau ser-
ment des gardes nationales avigno-
naises. . ..

Le quatrième est l’adhésion au ser-
ment précédent donné par les habi-
tants de Morieresbourg dépendant
d'Avignon, en date du 6 septembre.

Le cinquième est un vœu formé par
les 9 sections ou districts composant
l'assemblée générale des citoyens ac-
tifs d'Avignon pour se réunir à la
France, et s'incorporer au départe-

ment des Bouches-du-Rhône, en date ©

du 6 octobre 1790.
Le sixième est un vœu formé par

les 9 districts ou sections composant

l'assemblée générale des citoyens ac-
tifs d'Avignon, pour se réunir à la
France, et envoi de cette délibération
à tous les departements du royaume,
en date du 26 octobre 1790: à cet acte
est jointe une lettre d'envoi à l’Assem-
blée nationale.

Le septième est un vœu formé par
les citoyens actifs d'Avignon, pour se
réunir à la France. lla été transmis

DOCUMENTS

the French constitution, nation, law
and King, taken on the Roche du Don
by all the National Guards of Avig-
non, and of its territory; it is of the
date of July 14, the day of the general
federation of the French Empire. It
was taken in the presence of several
detachments of the National Guards
of the French towns, neighbors of
Avignon. The second is a letter
written by the Municipality of Avig-
non to the National Assembly in the
name of the inhabitants of that town,
to ask for union. It is dated August
13, 1790.

The third is a new oath of the Na-
tional Guards of Avignon. . . .

The fourth is the adhesion to the
preceding oath given by the inhabit-
ants of Morieresbourg, a dependency
of Avignon, dated September 6.

The fifth is a wish formed by the
nine sections or districts composing
the general assembly of active citi-
zens of Avignon to be united to
France, and to incorporate themselves
in the Department of the Bouches-du-
Rhone, dated October 6, 1790.

The sixth is a wish formed by the
nine districts or sections composing
the general assembly of active citizens
of Avignon to be united to France,
and the dispatch of this deliberation
to all the departments of the king-
dom, dated October 26, 1790; to this
act is Joined a letter of despatch to the
National Assembly.

The seventh is a wish formed by
the active citizens of Avignon to be
united to France. It was transmitted

AVIGNON AND THE VENAISSIN, 1791

a 1'Assemblée nationale, par MM. les
commissaires du roi, envoyés dans le
département du Gard; a cet acte est
jointe une lettre des commissaires qui
constate le vœu des Avignonais; cet
acte est du 15 mars 1791.

Le huitieme est une lettre des élec-
teurs de l’assemblée électorale de Vau-
cluse, séante à Avignon, à l’Assemblée
nationale, pour demander la réunion,
en date du 18 mars 1791; cette lettre
est revétue des signatures de tous les
électeurs.

Le neuvième est une lettre de la
municipalité d' Avignon a l’Assemblée
nationale écrite au nom du peuple
avignonais, et datée du 16 mai 1791:
elle demande la réunion par les motifs
les plus pressants, et.a été lue hier ma-
tin à l’Assemblée nationale; elle est
accompagnée d'une lettre au prési-
dent de l’Assemblée nationale, en date
du 17 mai. |

Je pense, Messieurs, que les diffé-
rents actes dont je viens de vous ren-
dre compte, vous paraitront suffisants
pour constater, de la manière la plus
évidente, le vœu libre, solennel et
formel des Avignonais. On ne pourra
pas alléguer que ce vœu ait été émis au
milieu des troubles: car j'ai entière-
ment écarté tous les actes qui ont eu
lieu dans le mois de juin, quoique
plusieurs d'entre eux soient revétus
des formes les plus authentiques et les
plus légales. Tous les troubles étaient
cessés à Avignon à la fin de ce mois,
et je n’ai fait mention des actes qu’à
commencer du 14 juillet, époque à
laquelle on avait admis ici à la grande

209

to the National Assembly by the com-
missioners of the King, sent into the
Department of Gard; to this act is
joined a letter of the commissioners
who confirm the wish of the people of
Avignon; this act is dated March 15,
1791.

The eighth is a letter of the electors
of the Electoral Assembly of Vau-
cluse, sitting at Avignon, to the Na-
tional Assembly, to ask for union,
dated March 18, 1791; this letter is
furnished with the signatures of all
the electors. _

The ninth is a letter of the Munici-
pality of Avignon to the National As-
sembly, written in the name of the
people of Avignon and dated the 16
of May, 1791; it asks the union for
the most pressing reasons, and it was
read yesterday morning to the Na-
tional Assembly ; it is accompanied. by
a letter to the President of the Na-
tional Assembly, dated May 17.

I think, gentlemen, that the differ-
ent acts of which I have just given
you an account will appear to you
sufficient to prove, in the most evident
manner, the free, solemn and formal
wish of the people of Avignon. No
one can allege that this wish has been
expressed in the midst of disturb-
ances: for I have entirely set aside
all the acts which took place in the
month of June, although several
among them may have been clothed in
the most authentic and legal forms.
All the disturbances had ceased at
Avignon at the end of this month, and
I have mentioned only the acts com-
mencing from the 14th of July, the

210

fédération une députation des gardes
nationales avignonaises: je dois ob-
server aussi que la population d'Avig-
non, n'étant que de 24,000 ames, ne
donne qu'environ 4 á 5,000 citoyens
actifs. Le voeu des Avignonais est
encore constaté par une infinité d'actes
qui vous ont été envoyés, des départe-
ments et districts voisins : Orange, Va-
lence, Aix, Nions, Château-renard,
Nimes, Marseille, Arles, Courtheson,
Tarascon, etc., etc. n'ont cessé
d'écrire à l’Assemblée nationale pour
l'engager à prononcer sur la pétition
des Avignonais, et l’avertir du danger
qu'il y aurait à rejeter leur vœu.

J'ai en conséquence, l’honneur de
vous proposer le projet de décret sui-
vant, au nom des comités diploma-
tique, de Constitution et d'Avignon:

‘ L'Assemblée nationale, après
avoir entendu le rapport de ses comités
de Constitution, diplomatique et
d'Avignon, relativement aux droits de
la France sur l'Etat d'Avignon et son
territoire, ainsi qu'au vœu libre, légal
et solennel des Avignonais pour se
réunir à l’Empire français, décrète :

“1°, Qu'elle admet et incorpore les
Avignonais dans la nation frangaise,
dont ils feront désormais partie in-
tégrante, leur accordant tous les droits
et avantages de sa Constitution;

DOCUMENTS

epoch at which a deputation of Na-
tional Guards of Avignon were ad-
mitted here to the great federation: I
must also observe that the population
of Avignon, being only 24,000 souls,
gives only about four to five thou-
sand active citizens. The wish of the
people of Avignon is further proved
by an infinity of acts which have been
sent to you from the neighboring de-
partments and districts: Orange, Va-
lence, Aix, Nions, Chateau-renard,
Nimes, Marseilles, Arles, Courtheson,
Tarascon, etc., etc., have not ceased
to write to the National Assembly to
urge it to pronounce upon the petition
of the people of Avignon, and to ap-
prise it of the danger there would be
in rejecting their wish.

I have consequently the honor of
proposing to you the following draft
decree, in the name of the Diplomatic
Committee, and the Committees on
the Constitution and on Avignon:

“ The National Assembly, having
heard the report of its Committee on
the Constitution, its Diplomatic Com-
mittee, and its Committee on Avig-
non regarding the rights of France
over the State of Avignon and its ter-
ritory, as well as the free, legal and
solemn wish of the people of Avignon
to be united to the French Empire,
decrees :

“1. That it admits and incorporates
the people of Avignon in the French
nation, of which it shall henceforth
form an integral part, granting to
them all the rights and advantages of
its constitution ;

AVIGNON AND THE VENAISSIN, 1791

“2°. Que le roi sera prié de donner
au ministre des affaires étrangères,
tous les ordres nécessaires pour négo-
cier, avec le pape, les indemnités qui
pourraient lui être dues;

“3°. Le roi sera également prié
d’ordonner aux citoyens dudit Etat
. et territoire d' Avignon, de cesser tout
acte d’hostilité contre les habitants du
Comtat Venaissin, avec lesquels la na-
tion française veut vivre en bonne in-
telligence : ! . . .”

211

“2. That the King be requested to
give to the Minister of Foreign Af-
fairs all the orders necessary to nego-
tiate with the Pope whatever indemni-
ties may be due him;

“3, The King shall also be re-
quested to order the citizens of the
said State and territory of Avignon,
to cease from all acts of hostility
against the inhabitants of the Comtat
Venaissin, with whom the French na-
tion desires to live in amity. . . .”

Decree of the National Assembly Providing that Mediators shall be sent to

Avignon.

L’Assemblee nationale décrète que
le président se retirera par devers le
roi, pour le prier:

1°. D'envoyer des médiateurs qui
interposent les bons offices de la
France entre les Avignonais et les
Comtadins et fassent tous leurs efforts
pour les amener á la cessation de toute
hostilité, comme un provisoire néces-
saire avant de prendre aucun parti
ultérieur relativement aux droits de
la France sur ces pays;

2° D’employer les forces qui sont
en son pouvoir, pour empécher que
les troupes qui se font la guerre dans
le Comtat Venaissin, ne fassent au-
cune irruption sur le territoire de
France;

3° De réclamer tous les Francais
qui ont pris parti dans l’une ou l’autre

May 25, 1791?

The National Assembly decrees
that the President shall repair before
the King to request him:

1. To send mediators who shall in-
terpose the good offices of France be-
tween the people of Avignon and
those of the Comtat and shall exert
all their efforts to induce them to stop
hostilities as a provision necessary be-
fore taking any further decision re-
garding the rights of France over the
country ;

2. To employ all the forces in their
power to prevent the troops making
war in the Comtat Venaissin from
any irruption into French territory ;

3. To recall all the Frenchmen who
have taken a part in either the one or

1 The first two articles were voted on separately and lost by 394 votes against 374; Arch.

parl., Ist series, vol. 26, p. 382.
2 Arch. parl., ist series, vol. 26, p. 461.

212

des deux armées, et de faire á cet ef-
fet une proclamation qui fixe un délai
et assure une armistie [sic] aux mili-
taires francais qui rentreront dans le
délai prescrit, et qui déclare déserteurs
à l'étranger ceux qui ne rentreraient

pas;

4° De faire poursuivre et punir
comme embaucheur tout homme qui
ferait en France des recrues, soit pour
un parti, soit pour l’autre.

DOCUMENTS

the other of the two armies, and to
make a declaration to this effect which
shall fix a term and assure an am-
nesty to the French soldiers who shall
return within the period prescribed,
and which shall declare as deserters
to a foreign Power those who do not
return;

4. To pursue and punish as a re-
cruiting officer any man who in
France recruits for either the one
party or the other.

Preliminaries of Peace and of Conciliation Agreed on and Signed by the Depu-
ties of the Electoral Assembly of the Municipalities of Avignon and of
Carpentras, and of the Army of Vaucluse, called the Army of Avignon, in
the Presence of the Mediatmg Commissioners of France, Deputed by the

King. June 14, 1791!

Cejourd'hui, 14 juin 1791, MM.
les députés de l’assemblée électorale
des municipalités d' Avignon et de Car-
pentras et de l’armée de Vaucluse,
étant réunis en présence de MM. les
médiateurs de la France, sont con-
venus de ce qui suit et en ont pris
l'engagement formel pour ce qui con-
cerne leur commettants respectifs, en-
vers MM. les médiateurs de la France:

ART. 1”. Chaque députation s'en-
gage à suspendre dès à présent toutes
hostilités, à licencier toutes les troupes
armées pour la guerre, à rétablir et
protéger la liberté et la süreté des
campagnes et la récolte des moissons.

ART. 2. Il est convenu entre les
deux parties contractantes que l’as-

1 Arch. parl., 1st series, vol. 27, p. 708.

To-day, June 14, 1791, the deputies
of the Electoral Assembly of the Mu-
nicipalities of Avignon and ef -Car-
pentras and of the Army of Vaucluse
having met in the presence of the Me-
diators of France, have agreed on the
following, and have made a formal
engagement with the Mediators of
France as to that which concerns their
respective constituents.

ARTICLE 1. Each deputation un-
dertakes to suspend all hostilities from
this time on, to disband all forces
armed for purposes of war, to estab-
lish and to protect the liberty and the
safety of the countryside and the
gathering of the harvests.

ART. 2. It is agreed between the
contracting parties that the Electoral

AVIGNON AND THE VENAISSIN, 1791

semblée électorale se réunira dans un
lieu qui ne soit soupconné d'aucune
influence de parti, le plus propre a la
liberté des suffrages, et qui sera choisi
par MM. les médiateurs.

ART. 3. Pour hater te succès des
intentions bienfaisantes de l’Assem-
blée nationale de France, les députés
de l’assemblée électorale arrêtent
qu'elle ne s'occupera que des objets
relatifs à la médiation pendant toute
sa durée.

ART. 4. lla été arrêté par toutes
les parties que, pendant tout le temps
que l'assemblée électorale s’occupera
de la décision de l’état politique du
pays, tous les corps administratifs
seront circonscrits dans les droits qui
sont de leur essence et qu’ils ne s'attri-
bueront aucun de ceux qui appartien-
nent aux corps administratifs de la na-
tion.

ART. 5. Pour assurer l'exécution
des présents préliminaires, pour ren-
dre à ceux qui auraient pu être in-
timidés par la force, leur liberté en-
tière et absolue, enfin pour prévenir
le désordre de ceux qui, après le li-
cenciement des armées, pourraient se
répandre dans les campagnes et y
exercer des vexations, MM. les dé-
putés de l’assemblée électorale, des
municipalités d'Avignon et de Carpen-
tras et de l’armée de Vaucluse de-
mandent unanimement à MM. les
médiateurs de la France:

1°. De se porter pour garants en-
vers et contre chacun des contrac-
tants, comme aussi contre toute asso-

213

Assembly shall meet in a place which
shall not be suspected of any party
influence, and shall be the one most
compatible with a free vote, and
which shall be chosen by the medi-
ators.

ART. 3. In order to hasten the
success of the beneficent intentions of
the National Assembly of France, the
deputies of the Electoral Assembly
decree that the Assembly shall occupy
itself throughout its duration solely
with subjects relative to the media-
tion.

Art. 4. It has been resolved by
all parties that, during the whole time
that the Electoral Assembly shall oc-
cupy itself with the decision of the
political state of the country, all the
administrative bodies shall be limited
to the rights which are of their es-
sence and that they shall assume none
of those which pertain to the admin-
istrative body of the nation.

ART. 5. In order to assure the ex-
ecution of the present Preliminaries,
to restore to those who may have
been intimidated by force, their entire
and absolute liberty, and, finally, to
prevent disorders by those who, after
the disbanding of the armies, might
spread themselves throughout the
countryside and there cause trouble,
the deputies of the Electoral Assem-
bly, of the Municipalities of Avignon
and of Carpentras, and of the Army
of Vaucluse unanimously request the
Mediators of France:

1. To hold themselves as guar-
antors towards and against each of
the contracting parties, as also against

214

ciation et attroupements faits dans
les deux Etats pour s’opposer à l’ordre
public et à l'exécution des engage-
ments ci-dessus mentionnés;

2% De placer, dans les 2 villages
d'Avignon et de Carpentras et dans
tout autre lieu oú besoin serait, des
troupes frangaises pour prévenir tous
les maux prévus dans le présent ar-
ticle, bien entendu que les armées ne
seront licenciées qu'après que l’on aura
pris lesdites súretés pour rétablir l’or-
dre.

ART. 6. Il a été convenu, entre
toutes les parties, que les présents pré-
liminaires seraient envoyés à toutes
les communes de l'Etat d'Avignon et
Comtat Venaissin, à l'effet par elles
d'envoyer chacune un député muni de
pouvoirs suffisants pour contracter et
souscrire ce présent engagement.

ART. 7. Il a été arrêté enfin que
tous les prisonniers respectivement
faits seront rendus sans rançon et à
l'instant du licenciement des armées.

Les présents préliminaires ont été
arrêtés et signés, pour être exécutés
aussitôt après la ratification respec-
tive des commettants de chacune des
deputations, en présence de MM. les
médiateurs de France, députés par le
roi, lesquels ont signé avec les con-
tractants, comme témoins et garants
des présentes.

Fait à Orange, les jour, mois et an
que dessus.

(Suivent les signatures. )!

DOCUMENTS

all associations and mobs organized in
the two States to oppose public order
and the execution of the engagements
above mentioned.

2. To place French troops in the
two cities of Avignon and Carpentras,
and in all other places where there
may be need, in order to prevent the
ills anticipated in the present article,
it being understood that the armies
shall not be disbanded until after the
aforesaid measures to restore order
shall have been taken.

ART. 6. It has been agreed be-
tween all the parties that the present
Preliminaries shall be sent to all the
communes of the States of Avignon
and of the Comtat Venaissin, in order
that each shall send a deputy provided
with sufficient power to contract and
subscribe to the present engagement.

ART. 7. It has been agreed, lastly,
that all the prisoners taken by each
party respectively, shall be set free
without ransom'and at the time of the
disbanding of the armies.

The present Preliminaries have been
agreed on and signed, to be exe-
cuted immediately on their ratification
by the constituents of each of the dep-
utations, in presence of the Medi-
ators of France, deputed by the King,
who have signed with the contracting
parties, as witnesses and guarantors
of these presents.

Done at Orange, on the day, month,
and year as above. .

(The signatures follow.)

1 These Preliminaries were presented to the Assembly on July 4. A decree was at once
adopted approving the conduct of the Commissioners sent as pacificators to Avignon, and
authorizing them to take any measures they might think proper to assure the execution of
the Preliminaries of Peace.— Arch. parl., vol. 27, lst series, p. 709.

AVIGNON AND THE VENAISSIN, 1791

215

Letter of the Mediators to the President of the National Assembly at
Bédarides *

La paix, arretée dans les pré-
liminaires de paix, Monsieur, a eu
son effet. L’armee de Vaucluse a été
licenciée, et déjà Avignon et plusieurs
grandes communes du Comtat se sont
empressées d'émettre un vœu sur leur
sort politique. Une paix durable ne
peut s'établir, la prospérité publique
ne peut renaitre que par la réunion des
opinions et des vœux sur cet objet
important. Veuillez donc, Monsieur,
adresser à toutes les communes la let-
tre ci-Jointe; leur annoncer que, con-
formément aux préliminaires de paix,
l’Assemblée électorale va se réunir à
Bédarides, lieu que nous avons in-
diqué, et qu'il est instant qu'elles s’em-
pressent d'y envoyer leurs députés,
afin de dépouiller les procès-verbaux
d'émission des vœux et de constater
la majorité.

The peace agreed upon in the Pre-
liminaries of Peace, Sir, has had re-
sults. The Army of Vaucluse has
been disbanded, and already Avignon
and several of the large communes of
the Comtat have made haste to express
a wish as to their political future. A
durable peace can not be established,
public prosperity can not be restored,
save by unanimity of opinion and de-
sire as to this important subject. Be
so good then, Sir, as to send the en-
closed letter to all the communes, to
announce to them that, in conformity
with the Preliminaries of Peace, the
Electoral Assembly will shortly meet
at Bédarides, the place indicated by
us, and that it is of immediate impor-
tance that they should make haste to
send their deputies there, in order to
abstract from the minutes the state-
ments of the wishes expressed and to
ascertain the majority.

Letter to the Communes, Sent by the President of the Assembly at the Request
of the Mediators?

Je vous envoie, Messieurs, une
copie certifiée de la lettre qui m'a été
adressée par MM. les Médiateurs de
la France. L'Assemblée électorale,
qui va se réunir à Bédarides, verra
avec satisfaction tout ce que vos con-

I am sending you, Sir, a certified
copy of the letter which has been sent
to me by the Mediators of France.
The Electoral Assembly, which is
about to meet at Bédarides, will look
with approval on all that your fellow

1 Charpenne, Les Grands Episodes de la Révolution dans Avignon et le Comtat, vol. 1,

p. 239. No date or signature is given.

2 Charpenne, Les Grands Episodes de la Révolution, vol. 1, p. 240. No date is given.

216

citoyens feront pour concourir au suc-
cès de leurs vues bienfaisantes. Je
vous salue cordialement.— DUPRAT,
président; VATON, secrétaire; Ru-
CHON, secrétatre.

Nous vous prévenons, Messieurs,
que, conformément aux préliminaires
de paix ratifiés par la majorité des
communes et garantis par la France,
en vertu du décret de 1'Assemblée na-
tionale du 4 juillet, présent mois, il
est instant que vous envoyiez des
députés à l’Assemblée électorale qui
s'assemblera jeudi 21 juillet, présent
mois, au lieu de Bédarides que nous
avons désigné. Elle sera le point cen-
tral où le procès-verbal d'émission des
vœux sur l'état politique du pays sera
dressé, à l’effet de constater sous nos
yeux la majorité des suffrages.

Formal Minute of the Communal Assembly of Séguret.

La municipalité ayant convoqué
la veille par cris publics tous les cito-
yens actifs, ils s'assemblèrent au nom-
bre de cent trois, le 11 août 1791.
Après que le Procureur de la com-
mune leur eut fait part du discours
à lui tenu par l’un des Médiateurs,
relativement à l'émission de leur vœu,
tous les assemblés prirent à l’unani-
mité la délibération suivante: 1° de
voter des remerciements à la généreuse
nation des Français, qui, instruite et

DOCUMENTS

citizens may do to promote the suc-
cess of their benevolent intentions. 1
greet you cordially,— DUPRAT, Presi-
dent; Vaton, Secretary; Rucnon,
Secretary.

We hereby inform you, Sir, that in
conformity with the Preliminaries of
Peace, ratified by a majority of the
communes and guaranteed by France,
by virtue of the decree of the National
Assembly of July 4 of the present
month, it is of immediate importance
that you send deputies to the Elec-
toral Assembly, which will assemble
on Thursday, July 21 of the present
month, at the place of Bédarides, des-
ignated by us. This will be the cen-
tral point where the official statement
of the wishes expressed as to the po-
litical state of the country shall be
drawn up, for the purpose of ascer-
taining in our presence, the majority
of the votes.

August 11, 1791!

The Municipality having the day
before, by public crier, convoked the
active citizens, they assembled to the
number of three hundred, on August
11, 1791. After the Procurer of the
Commune had reported to them the
discourse made to him by one of the
Mediators, regarding the emission of
their vote, all those assembled unani-
mously adopted the following delib-
erations: 1. to vote their thanks to
the generous French nation, which, in-

1 Charpenne, Les Grands Episodes de la Révolution, vol. 3, p. 224.

AVIGNON AND THE VENAISSIN, 1791

touchée de l’anarchie et des horreurs
qui désolent notre province, a daigné,
dans l'immensité de ses travaux, s'oc-
cuper de nous, compátir á nos mal-
heurs et nous envoyer des Médiateurs,
qui fideles á la mission la plus auguste,
ont mis en usage tous les moyens pour
ramener parmi nous la paix et la
sureté; 2% de renouveler le serment de
fidelité au Saint-Siége, dans la per-
sonne de Pie VI, souverain Pontife,
qui, nous rappelant par la sagesse de
son gouvernement et la tendresse de
son coeur paternel tous les bienfaits
dont ses prédécesseurs ont toujours
comblé cette province, nous a tou-
jours traités en enfants chéris plutòt
qu'en sujets; 3° de révoquer et re-
garder comme de nullité toutes les
délibérations que la crainte et la ter-
reur ont pu leur arracher Jusqu'à ce
jour et pourraient leur commander à
l'avenir, protestant vouloir vivre et
mourir sujets de N.-S. Père le Pape,
et disciples de la religion catholique
apostolique et romaine, dont il est le
chef comme vicaire de Jésus-Christ et
successeur de Saint-Pierre.

Ainsi proposé, conclu et délibéré. —
Extrait du registre de la commune de
ce heu de Séguret, tiré mot à mot.

DAVID, maire ;
BISCARRAT, secrétaire-greffier.

217

formed of and touched by the anarchy
and the horrors which are desolating
our province, has deigned in the im-
mensity of its labors, to occupy itself
with us, to pity our misfortunes and
to send to us the Mediators, who,
faithful to their most august mission,
have made use of every means to re-
store peace and safety among us; 2.
to renew the oath of fidelity to the
Holy See in the person of Pius VI,
Sovereign Pontiff, who, recalling to
us by the wisdom of his government
and the tenderness of his paternal
heart, all the benefits with which his
predecessors have always over-
whelmed this province, and have al-
ways treated us as beloved children
rather than as subjects; 3. to revoke
and to regard as null all deliberations
which fear and terror have been able
to wrest from them up to this time
and might be able to dictate to them
in the future, protesting that they
wish to live and to die subjects of
our Holy Father the Pope, and dis-
ciples of the catholic apostolic and
Roman religion, of which he is the
head as Vicar of Jesus Christ and suc-
cessor of Saint Peter.

Proposed, concluded and deliber-
ated as above. Extract from the reg-
ister of the commune of this Town of
Séguret, copied verbatim.

Davib, Mayor;
BISCARRAT, Recording-Secretary.

218

DOCUMENTS

Report of Le Scène des Maisons on his Mission as Mediator. September
10, 1791 *

MESSIEURS,

Députés par le roi, vers les peuples
d'Avignon et du Comtat, en exécu-
tion de vos lois des 24 mai et 4 juillet
dernier, nous allons mettre sous vos
yeux ce qui seul est digne de vous:
la vérité attestée par le devoir et par
l'honneur.

La révolution opérée dans Avignon
et dans le Comtat Venaissin fut une
suite naturelle, inévitable, de celle ar-
rivée en France; ou plutôt elle fut la
même, puisque, de tout temps, la na-
ture, les liaisons du sang, les habitudes
et la politique, qui n’est constamment
dirigée que par la loi impérieuse des
besoins mutuels, avaient fait de ces
deux petites peuplades des portions de
la grande famille dans le sein de la-
quelle elles étaient enclavées.?

Tel était le sort des Etats d'Avignon
et du Comtat, lorsque 1'Assemblée na-
tionale s'en occupa au mois de mai,
lorsque son humanité autant que sa
justice décréterent d'y établir la paix
avant de prendre un parti ultérieur au
sujet de ses droits sur ce pays; telle
était enfin la tâche à remplir par les
médiateurs, et envoyés par le roi pour
remplir ces vues.

GENTLEMEN,

As deputies from the King to the
people of Avignon and the Comtat, in
execution of your laws of May 24 and
July 4 last, we are going to submit to
you what alone is worthy of you: the
truth attested by duty and by honor.

The revolution carried on in Avig-
non and the Comtat Venaissin was the
natural and inevitable result of that
which took place in France; or rather
it was the same, since, in every age,
nature, ties of blood, habits, and poli-
tics, which are continuously guided by
the imperious law of mutual needs,
have made these tiny groups but parts
of the great human family in the
midst of which they were placed.

Such was the condition of the
States of Avignon and of the Com-
tat, when the National Assembly gave
its attention to them in the month of
May, and humanity as much as jus-
tice decreed that peace should be estab-
lished there before: any additional
steps were taken in regard to its rights
over the country; such was in short
the task to be fulfilled by the Medi-
ators sent by the King to carry out
these views. |

1 Arch. parl., 1st series, vol. 30, p. 438 et seg. The Report of Verninac Saint-Maur is not

given here as it relates only to events after the vote was taken.

See below p. 87.

2 The omitted paragraph recalls the events in Avignon and the Comtat before the arrival

of the Mediators.

AVIGNON AND THE VENAISSIN, 1791 | 219

Les médiateurs s'arrétéerent a
Orange: ils crurent qu'il était sage
d'éviter une nouvelle rivalité entre
Avignon et Carpentras, puisqu'il était
impossible de se rendre dans les deux
villes en même temps. Ils crurent
qu'il importait de connaitre les dis-
positions et les prétentions de tous,
avant de s'exposer dans un pays où
rien alors n'était respecté; ils crurent
qu'il importait d'amortir ce premier
choc des passions opposées, et de ré-
unir des hommes ennemis pour dis-
cuter en leur présence, et atteindre en-
suite le but de leur mission. L'ex-
périence confirma la justesse de leurs
vues, Hs obtinrent bien plus de sacri-
fices qu'ils n'en auraient obtenu au-
trement; chacun désirait la paix, et
elle n'était offerte qu'aux prétentions
raisonnables et au silence des pas-
sions.

Cependant, d’un côte, le territoire
de France venait d’être violé à Gigon-
das par des assassinats commis par des
gens de l’armée du Haut-Comtat; de
l’autre, les rassamblements se conti-
nuaient, et il était à craindre qu’en li-
cenciant l’armée avignonaise, celle qui
se formait et qui paraissait considé-
rable, qui semblait avoir des liaisons
très-étendues, ne causat de plus grands
désordres encore; déjà les chefs exi-
geaient, à l'instar de ceux d’ Avignon,
des contributions forcées, et ils trou-
vaient bon pour eux ce qu’ils condam-
naient en autrui.

Il fallut retarder le licenciement de
l’armée d'Avignon jusqu’à ce qu'il fut
constant que les rassemblements se

The Mediators stopped at Orange:
they believed that it was wise to avoid
any additional rivalry between Avig-
non and Carpentras, since it was im-
possible to be in both towns at the
same time. They believed that it be-
hooved them to know the designs and
claims of all, before appearing in a
country where nothing was then re-
spected ; they believed that it behooved
them to soften the first shock of op-
posing passions, and to bring hostile
factions together in their presence for
the purpose of discussion, and thus to
attain the object of their mission.
Experience proved the justice of their
theories; they obtained many more
sacrifices than they would have ob-
tained otherwise; each desired peace,
but this was rendered possible only by
calmness and reasonable claims.

In the meantime, on one side, the
territory of France was violated at
Gigondas by murders committed by
men of the army of the Haut-Comtat;
on the other, crowds continued to con-
gregate, and it was to be feared that
in disbanding the army of Avignon,
the one which was in training, and
which seemed considerable and with
extensive connections, might cause
still greater disorders; already the
leaders were demanding forced contri-
butions, after the fashion of those of
Avignon, and they thought things
right for them which they condemned
in another.

It was necessary to delay the dis-
banding of the army of Avignon un-
til it was certain that the crowds had

220

dissipassent, et que des préliminaires
de paix, signés de toutes les parties,
assurassent la tranquillité publique.
Au nombre des contractants étaient
les députés de cette assemblée élec-
torale réconnue par les uns, repoussée
par les autres, et assez généralement
haie, puisque l'armée était à ses or-
dres et qu'elle portait l’odieux de
toutes les vexations. L’admettre nous
parut en principe, puisqu'elle nous
présentait 68 procés-verbaux sur 84,
en vertu desquels elle existait; puisque
appeler une nouvelle députation, un
nouveau corps délibérant, c'était op-
poser puissance à puissance, doubler
les embarras et créer un nouvel ob-
stacle à notre mission. Mais il fallait
en même temps tranquilliser les com-
munes qui la craignaient, qui ne vou-
laient point du tout la reconnaître;
il fallait ramener celles qui avaient
rappelé leurs électeurs, celles qui ne
voulaient pas en entendre prononcer
le nom. Il fallait enfin obtenir la vo-
lonté et la parole de toutes les com-
munes de mettre bas les armes.

Nous trouvámes ce point commun
de la réunion des principes avec tous
les intérêts, dans le troisième article
des préliminaires. L’Assemblee élec-
torale devait être reconnue par tous,
mais à l’effet d’être seulement le nœud
commun des intérêts de tous. Pour
öter toute crainte de ses entreprises ou
de ses opérations politiques, elle con-
sentait elle-même à être paralysée pour
tout autre objet, et à n'avoir d'autre
fonction que de recevoir, recueillir et
constater les vœux des communes sur

DOCUMENTS

dispersed, and that the Preliminaries
of Peace, signed by all parties, would
assure public tranquillity.

Among the contracting parties were
the deputies of that Electoral Assem-
bly which was recognized by some, re-
jected by others, and rather generally
hated, since the army was under its
orders and it bore the blame of all its
misdeeds. To recognize it appeared
to us necessary, since it presented to
us sixty-eight formal minutes out of
eighty-four, in virtue of which it ex-
isted, since to summon new deputies, a
new deliberative body, would be but to
oppose power to power, to double the
embarrassment and to create a new
obstacle to our mission. But it was
necessary at the same time to quiet the
communes which feared it, which
strongly opposed recognizing it; it
was necessary to bring around those
which had recalled their electors,
which could not bear to hear its name
mentioned. Moreover, it was neces-
sary to obtain both the desire and the
promise of all the communes to lay
down their arms.

We found this common point of
union of principles and interests, in
the third article of the Preliminaries.
The Electoral Assembly should be
recognized by all, but only as a
common link in the interests of all.
In order to remove all fear of its ac-
tions and political operations, it con-
sented of its own free will to be in-
active in every other respect, and to
have no other function than that of
receiving, collecting and reporting
the votes of the communes on their

AVIGNON AND THE VENAISSIN, 1791

leur sort politique; car ces peuples sen-
taient fort bien que poser les armes
n'était pas bannir l’anarchie d'un pays
oú chaque commune formait une es-
pèce de petite république, où il n'exis-
tait aucun gouvernement, aucun or-
dre judiciaire; ils sentaient fort bien
qu'il était important pour eux de
presser le moment de déterminer leur
sort politique, et que tous les moyens
qui pouvaient y concourir devaient
être saisis par eux avec avidité. Si
l’Assemblée nationale s'était contentée
de dire: rétablir la paix avant de sta-
tuer sur ses droits; pour eux qui
n'apercevaient de bonheur que dans
la réalisation de ces droits, qui déjà
avaient présenté 68 délibérations sur
84, qui demandaient la réunion, qui
avaient vu ce vœu ajourné, et à qui
on avait reproché qu'ils ne l'avaient
pas émis librement; pour eux, dis-je,
la chose la plus instante, la plus im-
portante était d'employer les premiers
moments d’une paix garantie par la
France, pour émettre de nouveau, et
à l’abri de tout reproche, un vœu du-
quel ils faisaient dépendre leur bon-
heur.

Telle fut la matière et l’objet des
articles 3 et 4 des préliminaires de
paix.

Ces préliminaires de paix furent
adoptés par l’Assemblée nationale;
vous en fites, Messieurs, la loi du 4
juillet, et vous daignâtes en approu-
vant les mesures et la conduite des mé-
diateurs, donner à leurs travaux la
plus flatteuse récompense, à leur zèle
le plus puissant aiguillon.

Notre première entrée dans le pays

221

political future; for the people saw
clearly that laying down arms was
not banishing anarchy from a
country where each commune
formed a kind of tiny republic,
where existed neither government
nor courts; they knew well that it
was important for them to hasten
the time of decision in regard to their
political jfuture, and that all means
which could contribute to it should
be seized with avidity. If the Na-
tional Assembly had been content to
say: reestablish peace before com-
ing to a decision in regard to their
political rights; for those who saw
happiness only in the realization of
these rights, who had already pre-
sented sixty-eight deliberations out of
eighty-four, demanding union, who
had seen this wish put aside, who
had borne the reproach that it had
not been freely expressed; for them,
I say, the most urgent, and important
thing was to employ the first moments
of a peace guaranteed by France, in
order to express again, guarded from
all reproach, the wish upon which de-
pended their happiness.

Such was the matter and the object
of Articles 3 and 4 of the Prelimin-
aries of Peace.

These Preliminaries of Peace were
adopted by the National Assembly;
you made of them, Gentlemen, the
law of July 4, and you deigned, in
approving the measures and the con-
duct of the Mediators, to give the
most flattering reward to their work,
the most powerful spur to their zeal.

The first entry in the country was

222 DOCUMENTS

fut la plus douce des jouissances; des
champs couverts de riches moissons
attendaient les bras du cultivateur;
abandonnés depuis longtemps, ils vi-
rent reparaitre les mains qui les
avaient fertilisés, et de tous côtés nous
recueillions pour vous les actions de
grâces et les bénédictions d'un peuple
à qui vous rendiez le bonheur.

Cependant les rassemblements de
Brantes, du Liberon et de Lagnes
venaient être dissipés par nos soins et
notre fermeté, l’armée d'Avignon
venait d’être licenciée; et afin de pré-
venir tout trouble, et sur la demande
des municipalités, conformément à
la garantie de la loi du 4 juillet, nous
avions fait marcher à Avignon 2 ba-
taillons du ci-devant régiment de la
Fère, un de Somnemberg et 2 esca-
drons de hussards; nous avions fait
marcher à Carpentras un bataillon du
ci-devant régiment de Soissonais, un
escadron de dragons et une compagnie
d'artillerie; c'était tout ce qu'il nous
avait été possible d'obtenir, quoique
infiniment au-dessous de ce qui était
nécessaire pour maintenir la paix dans
un pays de haines si invétérées, si mul-
tipliées.

Toutefois, l’armée rentra dans
Avignon: cette armée à laquelle les
calamités peut-être inévitables qu'elle
avait produites; les haines de la mu-
nicipalité et les calomnies qui en
avaient été la suite, avaient attaché la
désignation odieuse de brigands.
Elle était composée de la garde soldée
avignonaise, d'un fort détachement de
la garde nationale, et de 180 déser-
teurs francais, à peu près: elle montait

the most delightful of pleasures;
fields covered with rich harvests
awaited the arms of the farmers;
abandoned for a long time, they saw
again the hands which had enriched
them, and on all sides we received
for you the thanks and the blessing
of a people to whom you had re-
stored happiness.

In the meantime, the gatherings of
Brantes, of the Liberon and of
Lagnes had been dispersed by our
care and our firmness, the army of
Avignon had been disbanded; and in
order to prevent all trouble, and upon
the request of the Municipality, in
conformity with the guarantee of the
law of July 4, we ordered to Avignon
two battalions of the former regi-
ment of la Fére, one of Somnemberg,
and two squadrons of huzzars; we

ordered to Carpentras a battalion of

the former regiment of Soissonais, a
squadron of dragoons and a com-
pany of artillery; this was all that
it was possible for us to obtain,
though infinitely below what was req-
uisita in order to maintain peace in
a country of such numerous and in-
veterate hatreds. . |
Nevertheless, the army entered
Avignon; this army to which the
calamities, perhaps inevitable, which
it had occasioned, the antagonism of
the Municipality and the calumnies
which had thereby resulted, had at-
tached the odious name of “ brig-
ands.” It was composed of the paid
guard of Avignon, of a strong detach-
ment of the National Guard, and of
about one hundred and eighty French

AVIGNON AND THE VENAISSIN, 1791

à plus de 3,000 hommes. Après avoir
remis leurs canons, la plupart des dé-
tachements se retirérent tranquille-
ment dans leurs communes. Nous
proclamames l’amnistie, et nous fimes
partir les déserteurs. Nous n'avions
alors qu’à nous louer des chefs de
l'armée et de l'assemblée électorale;
ils se conformaient strictement à la
loi, et l’ordre régnait dans Avignon.

Mais les haines étaient encore trop
fraiches, les ressentiments trop actifs
pour obtenir une tranquillité absolue.
Caron avait été une des villes mal-
heureuses qui, flottant dans ses opin-
ions, avait fourni des détachements
aux deux armées ennemis. Nous
avions prévu cet inconvénient, et pour
éviter l’effet de ces haines, nous avions
écrit au commandant de Soissonais de
protéger sa rentrée par un détache-
ment des troupes de ligne. En ar-
rivant a Carpentras, ceux de Caron
furent attaqués par le peuple; un d'eux
fut massacré malgré les efforts de nos
troupes; M. Desperon sauva le reste.

Il les fit conduire à Caron par 60
hommes de ligne et remettre sous la
protection d'une compagnie d’artil-
lerie. Le peuple, excité par un
nommé Clément, commandant de
Brantes, et ancien déserteur français,
dit-on, fut bientôt en insurrection.
On arrache 11 de ces malheureux du
château où on les avait déposés, et
sous les yeux du détachement fran-
çais; les officiers municipaux . se
cachent ou ne paraissent pas. Sem-

223

deserters: it comprised more than
3,000 men. After having given up
their guns, the greater part of the de-
tachments retired tranquilly to their
communes. We proclaimed an
armistice, and we ordered off the de-
serters. We had at that time noth-
ing but praise for the leaders of the
army and of the Electoral Assembly;
they conformed strictly to the law,
and order reigned in Avignon.

But hatred was too fresh and
resentment too active to obtain abso-
lute tranquillity. Caron had been
one of the unhappy towns which,
wavering in its opinions, had fur-
nished detachments to the two hostile
armies. We had foreseen this diff-
culty, and in order to prevent the ef-
fect of these antagonisms, we had
written to the commanding officer of
the Soissonais to protect his return
by a detachment of troops of the
line. On arriving at Carpentras, the
soldiers of Caron were attacked by
the people; one of them was
murdered notwithstanding the ef-
forts of the troops; M. Desperon
saved the rest.

He had them conducted to Caron
by sixty men of the line and placed
under the protection of a company
of artillery. The people, aroused by
one named Clement, Commandant of
Brantes, and said to be a former
French deserter, were soon in in-
surrection. They dragged eleven of
these unfortunates from the cháteau
where they had been lodged, and
under the eyes of the French detach-
ment; the municipal authorities

224

blables aux cannibales, on les traine
hors des murs, on leur donne un con-
fesseur, et lá on les assassine tous à
coups de fusil: entre eux était un
électeur.

On dit, et on aura peine à le croire,
mais, à la honte de l’humanité, le fait
est certain, je l'ai verifié; cet atroce
Clément forçait les pères et mères de
ces malheureuses victimes à aller as-
sister à cet affreux assassinat.
( Mouvement.)

Dès que la nouvelle nous parvint,
nous coufúmes en arrêter les suites;
mais, à l'instant, il fallut se multiplier ;
le complot paraissait formé d'assas-
siner tous les détachements de l’armée
avignonaise à leur rentrée paisible
dans leurs foyers: cela arrivait dans
les communes où il y avait eu le plus
de division. L’humanite nous donna
des ailes : nous nous trouvames à Pio-
lène, à Lisle et dans d’autres com-
munes à l'instant où les sacrifices hu-
mains allaient commencer ; et à force
de soin, de prières, de raisons et de
menaces, nous parvinmes à rétablir
le calme.

L'expérience prouva bien alors com-
bien. nos réclamations étaient justes,
et combien nos forces étaient insuffi-
santes. D’après l’impossibilité d’avoir
des troupes de ligne, et les refus que
nous éprouvions, nous crúmes devoir
employer les moyens que nous four-
nissait la loi du 4 juillet, et demander,
en conséquence, des gardes nationales.
Nous crúmes qu'il serait plus aisé
d'obtenir 15 ou 1,800 gardes nation-
aux qui nous promettaient des res-

DOCUMENTS

either hid themselves or did not ap-
pear. Like cannibals, they dragged
them outside the walls, gave them a
confessor, and there they shot them.
Among them was an elector.

They say, and one will have difh-
culty in believing it, but to the shame
of humanity, it is a fact, I have veri-
fied it, this atrocious Clément forced
the fathers and mothers of these un-
happy victims to witness their
murder. (Movement.)

As soon as the news reached us,
we hastened to prevent the conse-
quences; but at that moment it was
necessary to multiply oneself; the
plot appeared to be formed to
murder all the detachment of the
army of Avignon on their peaceable
return to their firesides: this was in
the communes in which dissensions
had been greatest. Humanity gave
us wings: we arrived at Piolene, at
Lisle and at other communes at the
very moment that the human sacri-
fices were to begin; and by our care,
our prayers, reasoning, and men-
ances, we succeeded in reestablishing
peace.

Experience proved clearly at that
time that our claims were just and
our forces insufficient. From the
impossibility of getting troops of the
line, and the refusal which we re-
ceived, we believed that we should
make use of the means which the law
of July 4 furnished us, and demand,
in consequence, the National Guard.
We believed it would be easy to ob-
tain 1500 or 1800 National Guards
who would be sufficient to con-

AVIGNON AND THE VENAISSIN, 1791

sources suffisantes pour consolider
cette paix que la loi nous chargeait
d'établir, et que d'ailleurs, 1,500
gardes nationaux, pris dans les 3 dé-
partements environnants, ne pour-
raient pas les affaiblir.

Nous en obtinmes, non sans beau-
coup d'embarras et de nombreux re-
fus. Des que nous púmes en placer
dans divers points du Comtat, de
maniére á prévenir les assassinats,
nous crúmes qu'il était important d’in-
spirer la confiance à tous les partis,
de fournir à tous les emigrants les
moyens de rentrer dans leurs foyers.
Nous adressames, à cet effet, aux
commandants divers, une instruction,
dans laquelle nous recommandions la
plus grande impartialité, protection et
súreté pour tous. Nous fimes ren-
dre la liberté à des prisonniers chers
à tous les partis, et notamment à
MM. de Sainte-Croix, impliqués dans
l'affaire du malheureux La Vilasse,
maire de Vaison. La confiance et
l'ordre se rétablirent en effet; tous les
émigrants rentrerent ou purent ren-
trer dans le Comtat.

Ce fut après ces mesures que l’as-
semblée électorale engagea les com-
munes à s'assembler, et à émettre, con-
formément aux préliminaires de paix,
un vœu sur leur sort politique, qui
put étre présenté par elle a l’Assem-
blée nationale lorsqu'elle prendrait un
parti ultérieur sur ses droits sur les
deux Etats d'Avignon et du Comtat.

A cette époque, les membres de la
médiation furent appelés, par les cir-

225
solidate this peace which the law
charged us to establish, and that
moreover, 1500 National Guards

taken in the neighboring departments,
could not weaken them.

We obtained them, not without a
good deal of embarrassment and
numerous refusals. As soon as we
were able to place them at different
points in the Comtat, in order to pre-
vent the assassinations, we believed
1t was important to inspire confidence
in all parties, and to furnish to the
emigrants the means to return to their
homes. We forwarded, to the vari-
ous commanding officers, instructions:
to this effect, recommending the
greatest impartiality, protection and
security for all. We ordered the
liberation of prisoners dear to all
parties, and especially MM. de
Sainte-Croix, implicated in the af-
fair of the unfortunate La Vilasse,
mayor of Vaison. Confidence and
order were in fact reestablished; all
the emigrants returned, or were able
to return to the Comtat.

It was after these measures that
the Electoral Assembly invited the
communes to assemble, and to de-
clare, in conformity to the peace
preliminaries, their wishes in regard
to their political future, in order that
they might present them to the Na-
tional Assembly when additional ac-
tion would be taken in regard to its
rights in the two States of Avignon
and the Comtat.

At this time the Mediators were
called by circumstances to different

226

constances, á des occupations différ-
entes. Avignon était devenu le cen-
tre des affaires, et l’un de nous dut y
rester; il fallait qu'un'autre surveillat
les opérations de l’assemblée électorale,
pour la contenir dans les bornes qui
lui étaient prescrites par le traité, et
qu'il se tint à Sorgues, pres d'Avig-
non, pour cet objet. Le maintien de
la paix dans le Comtat, la demande
et les sollicitations des communes, qui
se plaignaient de la préférence ac-
cordée à Avignon, firent juger qu'il
était important que l'un de nous se
rendit à leurs désirs, et dissipat les
calomnies que les ennemis du bien pu-
blic et les écrivains qui leur sont ven-
dus ne cessaient de répandre. Je fus
chargé de cette mission, et je déclare
à l’auguste Assemblée qui m'entend,
que si toutes les communes du Comtat
n'ont pas alors joui de la paix la plus
parfaite, les individus de la süreté la
plus entière, les communes de la lib-
erté de suffrages la plus absolue, la
plus indépendante, moi seul j'en suis
et m'en rends responsable. Déjà
grand nombre avaient émis leur vœu
lorsque je me suis présenté chez elles:
7 l'ont émis en ma présence. A Val-
réas, par exemple, chef-lieu du parti
qui tient au pape, l'assemblée s’est
tenue en présence de 150 gardes na-
tionaux, demandés par une partie de
la municipalité, sous mes yeux et ceux
des hussards qui m'accompagnaient.
J'ai fourni une garde pour la police
et la süreté de l’assemblée, sur la de-
mande faite par la municipalité, et
l'assemblée a voté pour la cour de
Rome. A Piolène, à Sérignan, à Vil-

DOCUMENTS

occupations. Avignon had become
the center of affairs, and one of us
must stay there; it was necessary for
another to watch the conduct of the
Electoral Assembly in order to keep
1t within the limits prescribed by the
treaty, and to establish himself at
Sorgues, near Avignon, for this pur-
pose. The maintenance of peace in
the Comtat and the prayers and
solicitations of the communes, which
complained of the preference ac-
corded to Avignon, led us to believe
that it was important for one of us
to yield to their desires, and dissipate
the slanders which the enemies of
public security and the writers hired
by them did not cease to spread. 1
was charged with this mission, and
I declare to the august Assembly
which now hears me, that if all the
communes of the Comtat did not at
that time enjoy the most perfect
peace, and individuals the most per-
fect security, and communes the
most absolute, free and independent
liberty of suffrage, I alone am respon-
sible. Many already had declared
their wishes when I went among
them: seven did so in my presence.
At Valréas, for instance, the strong-
hold of the party of the Pope, the
assembly was held in the presence of
one hundred and fifty national guards,
asked for by a part of the Municipal-
ity, under my eyes, and those of the
hussars who accompanied me. I fur-
nished a guard for the police and the
security of the assembly, by request
from the Municipality, and the assem-
bly voted for the Court of Rome. At

AVIGNON AND THE VENAISSIN, 1791

ledieu, etc., il est arrivé la méme chose,
et les voeux ont été pour la cour de
Rome.

Il est donc impossible de révoquer
en doute la liberté qui a présidé aux
vœux emis; partout j'ai préché l’u-
nion, la paix, la concorde et la liberté
des opinions; partout je les ai établies,
et j'en appelle sur la vérité de ces
faits, non pas aux 60 communes qui
veulent étre frangaises, mais aux chefs
de celles qui ont voté en sens con-
traire, que ma conduite a forcés à
l'estime et qui m’en ont donné des
preuves non équivoques, et que je pro-
duirai à l’Assemblée si elle l’ordonne.

227

Piolène, at Sérignan, at Villedieu, etc.,
the same thing happened and the vote
was for the Court of Rome.

It is, then, impossible to call in
question the freedom amid which the
votes were cast; everywhere I
preached union, peace, concord and
liberty of opinion; everywhere I
established them, and as to the truth
of these facts I appeal, not only to
the sixty communes which wish to
be French, but to the heads of those
which have voted to the contrary,
from whom my conduct has called
forth esteem of which I have received
far from doubtful proof, which I will
produce if the Assembly orders it.

Fourth Report of the Committees on Avignon and the Comtat Venaissin,
September 12, 1791 !

M. DE MENOU, rapporteur. J’ob-
serve à l’Assemblée que j'ai lá les
pieces probantes de tous les faits que
je vais annoncer.

Messieurs, les comités que, pour la
4° fois, vous avez chargés de vous
rendre compte de l'affaire des Etats
réunis d'Avignon et du Comtat Ve-
naissin, vont avoir l’honneur de vous
rendre compte avec exactitude et im-
partialité, de la situation actuelle de
ces deux malheureux pays, qui placés
presque au centre de l’Empire fran-
gais et sous le climat le plus heureux,
sont depuis longtemps livrés a tous

1 Arch. parl., 1st series, vol. 30, p. 579.

M. DE MENOU, reporter. 1 notify
the Assembly that I have here the con-
vincing proofs of all the facts which 1
am about to state.

Gentlemen, the committees which,
for the fourth time, you have
charged to render an account to you
of the affair concerning the united
states of Avignon and the Comtat

- Venaissin, will have the honor of re-

porting to you with exactness and
impartiality the actual condition of
those two unfortunate countries,
which, situated nearly in the centre
of the French dominions, and blessed

228

les désordres de la licence et de l’an-
archie.

Vos comités n'ont pas cru devoir
traiter de nouveau la question des
droits de la France sur les Etats
. d'Avignon et du Comtat venaissin;
elle a été débattue et discutée, à dif-
férentes époques, dans 22 séances de
cette Assemblée; le pour et le contre
vous sont suffisamment connus; et
chacun peut s'étre formé une opinion
juste et saine de nos droits sur ces 2
Etats; droits qui ont été formellement
réservés par l’Assemblée nationale,
dans l'article premier de son décret du
25 mai, qui ordonne l'envoi des com-
missaires médiateurs.

L’Assemblée nationale, après une
discussion qui dura plusieurs jours,
ne croyant pas que le vœu de réunion,
présenté par les Avignonais et les
Comtadins, fut assez solennellement,
assez librement et assez légalement
émis, pour étre accepté par elle, se dé-
termina par un décret du 25 mai à
envoyer des commissaires médiateurs,
avec mission de rétablir l’ordre et la
tranquillité parmi ces 2 peuples, et d'y
faire cesser toute hostilité, comme un
préalable nécessaire avant de pren-
dre aucun parti ultérieur relativement
aux droits de la France sur ce pays.

Dans les 4 articles de ce décret, 1l
n'est nulle part mention du pape, ni
de la cour de Rome.

L’Assemblee nationale, en y réser-

DOCUMENTS

with the best of climates, have for
a long time been given over to all
the disorders of license and anarchy.

Your committees did not deem it
necessary to deal again with the
question of the rights of France over
the States of Avignon and the
Comtat Venaissin; it has been de-
bated and discussed at different times
during twenty-two sittings of this

‘ Assembly; you are sufficienly fa-
miliar with the pros and cons, and

each one of you has been able to form
a just and sane opinion of our rights
over these two states; rights which
were formally reserved by the Na-
tional Assembly in the first article
of its decree of May 25, which directs
the sending of a commission of
mediators.

The National Assembly, after a
discussion lasting several days, not
considering that the vote of union
presented by the citizens of Avignon
and the Comtat had been cast in a
manner sufficiently formal, free or
legal to be accepted by it, decided,
through a decree of May 25, to send
a commission of mediation, whose
mission would be to reestablish order
and quiet among these two peoples,
and to stop all hostilities, as a neces-
sary preliminary to any further ac-
tion relative to the rights of France
over the country.

In the four articles of this decree,
there is no mention of the Pope or of
the Court of Rome.

The National Assembly, while re-

AVIGNON AND THE VENAISSIN, 1791

vant les droits de la France, reconnait
cependant implicitement l’indepénd-
ance des Avignonais et des Comtadins,
puisqu'elle envoie des médiateurs pour
interposer leurs bons offices entre 2
peuples qui se font la guerre.

Les médiateurs partent et arrivent
dans les pays belligérants; leur pre-
mier soin est de concilier les 2 peu-
ples: le 19 juin des députés de toutes
les parties intéressées se rassemblent
à Orange, et signent, en présence des
médiateurs de la France et sous leur
garantie provisoire, des préliminaires
de paix contenant 7 articles; dans au-
cun de ces articles, il n’est question du
pape ni de la cour de Rome. Les
Comtadins et les Avignonais stipu-
lent comme peuples independants et
souverains ; l’article 4 est surtout re-
marquable ; il consacre le principe que
la souveraineté sera exercée exclusive-
ment par le corps représentatif de la
nation, et ce corps représentatif est
l'assemblée électorale qui doit être
composée des députés des communes.

Ces préliminaires de paix sont en-
voyés par les médiateurs à l’Assemblée
nationale et au roi, et le 4 juillet l’As-
semblée nationale rend un décret so-
lennel par lequel: 1° elle approuve la
conduite des commissaires médiateurs
envers les différents partis belligé-
rants ;

2% Par lequel elle confirme la garan-
tie donnée par les 3 commissaires mé-
diateurs pour l'exécution des articles
et préliminaires de paix arrétés et
signés à Orange.

229

serving in this decree the rights of
France, recognizes implicitly, how-
ever, the independence of Avignon
and the Comtat, by sending medi-
ators to offer their services to two
warring peoples.

- The Mediators having arrived in
the belligerent countries; their first
care was to conciliate the two
peoples. On June 19 deputies from
all the interested parties assembled
at Orange, and, in the presence of
the French Mediators and under their
provisional guarantee, signed the
Preliminaries of Peace containing
seven articles. In none of these
articles is there question of the Pope
or. of the Court of Rome. The
Comtat and Avignon made their
stipulations as independent and
sovereign peoples. Article 4 is espe-
cially noteworthy: it sanctions the
principle that sovereignty will be
exercised exclusively by the repre-
sentative body of the nation, and this
representative body is the Electoral
Assembly, which must be composed
of the deputies from the communes.

These Preliminaries of Peace were
sent by the Mediators to the National
Assembly and to the King, and on
July 4 the National Assembly issued
a solemn decree, which first approved
the conduct of the commission of me-
diation towards the various belliger-
ent parties; .

2. Confirmed the guarantee given
by the three commissioners for the
execution of the articles and Prelim-
inaries drawn up and signed at
Orange.

230 DOCUMENTS

Dans ce décret, nulle mention du
pape, ni de la cour de Rome. L’As-
semblée nationale reconnait claire-
ment l’indépendance et la souve-
raineté des Avignonais et des Comta-
dins, puisqu'elle garantit un traité
passé entre deux peuples qui ont
stipulé en leur propre et privé nom,
et en vertu de leur indépendance et
de leur souveraineté. Si l’Assemblée
nationale n'eút pas reconnu cette in-
dépendance, eút-elle, sans l'interven-
tion du pape, sans son agrément, sans
qu'il fút appelé comme partie inté-
ressée, garanti le traité passé entre les
Comtadins et les Avignonais? Il est
donc évident, et c'est un point con-
venu, et qu'on ne peut contester, si on
est de bonne foi, que ces deux peuples
sont reconnus libres et indépendants
par la France, et qu'ils ont pu et dú
émettre leur vœu sur l’état politique
de leur pays.

Ce vœu a-t-il été libre, a-t-1l été so-
lennel, a-tal été légal?

D'après les préliminaires de paix
arrêtés à Orange et garantis par PÁs-
semblée nationale, les médiateurs
écrivent au président de l’assemblée
électorale, qui, conformément à l’ar-
ticle 2 du traité de paix, tenait ses
séances à Bédarrides, lieu qui n'était
soupçonné d’aucune influence de parti,
lui écrivent, dis-je, pour le prier de
faire passer à toutes les communes
des deux Etats une lettre par laquelle
elles étaient invitées à se réunir pour
émettre leur voeu sur l’état politique
du pays.

In this decree, no mention of the
Pope or of the Court of Rome. The
National Assembly clearly recognized
the independence and the sovereignty
of Avignon and the Comtat, by guar-
anteeing a treaty between two peoples
who made their stipulations in their
own name and by virtue of their inde-
pendence and of their sovereignty.
If the National Assembly had not
recognized this independence, would
it have guaranteed the treaty between
the Comtat and Avignon without the
intervention of the Pope, without his
agreement and without his having
been named as an interested party?
It is therefore evident, and it is an
agreed and incontestable fact to those
cf good faith, that these two peoples
are recognized by France to be free
and independent, and that they could
and should express their vote on the
political status of their country.

Was this vote free, was it solemn,
was it legal?

According to the Preliminaries of

Peace drawn up at Orange and

guaranteed by the National As-
sembly, the Mediators wrote to the
president of the Electoral Assembly,
which conformably to Article 2 of
the treaty of peace, held its meetings
at Bédarrides, a place which was
thought to be free from all party in-
fluence; wrote to him, 1 say, to ask
him to transmit a letter to all the
communes of the two states, inviting
them to assemble and to cast a vote
on the political condition of the
country.

AVIGNON AND THE VENAISSIN, 1791

De 98 communautés qui forment
les deux Etats réunis, 71 se sont ras-
semblées et ont émis leur voeu. 52
ont démandé leur réunion à la France,
19 ont voté pour le pape; des 27 au-
tres, 17 qui avaient voté pour la
France dans les mois d'avril et de
mai, et qui sont formées par les ha-
bitants les plus laborieux qui se trou-
vaient dans ce moment occupes aux
récoltes et travaux de la campagne, 17,
dis-je, n’ont point émis de nouveau
vœu; mais il est à remarquer qu'elles
avaient précédemment, et à plusieurs
reprises, délibéré leur réunion à la
France. Ainsi n'ayant pas formé de
vœu contraire, dans un moment où il
était essentiel pour elles de le mani-
fester, si elles avaient changé d'opi-
nion, leur silence doit être considéré
comme une confirmation de leur précé-
dente délibération.

10 n’ont point émis de vœu ni pour
la France, ni pour le pape, et semblent
attendre le dénouement de l'affaire.
Mais, quand même on n'admettrait
pas cette opigion et qu’on s’en tien-
drait à ne considérer que les 52 com-
munautés qui ont voté pour la France,
elles forment la majorité en nombre de
communes et en population. En nom-
bre de communes; car de 98 otez 52,
restent 46; ce qui donne 6 communes
de plus pour la France. Et j'ai l'hon-
neur de vous faire remarquer, Mes-
sieurs, que ce calcul est le plus favor-
able pour la cour de Rome. Car,
dans cette hypothèse, je suppose que
les 46 communes ont voté pour le
pape. Et cependant, il est certain que
19 seulement ont délibéré pour con-

231

Of the ninety-eight comunities,
which form the two united states,
seventy-one assembled and voted.
Fifty-two asked to be united to
France, nineteen voted for the Pope.
Of the twenty-seven others, seven-
teen who had voted for France dur-
ing the months of April and May,
and who comprised the most hard
working of the inhabitants engaged
at this time in harvesting and farm
work, seventeen, I say, did not cast
a new vote; but it was to be remarked
that they had previously repeatedly
decided for union with France.
Therefore, not having cast a con-
trary vote at a time when it was es-
sential for them to mention it, if they
had changed their opinion, their
silence must be considered as a con-
firmation of their previous decision.

Ten did not vote either for France
or for the Pope, and seem to be await-
ing the outcome of the affair. But,
even should one not admit this
opinion and should one consider only
the fifty-two communities who voted
for France, they still form the
majority in number of communes
and in population; for, subtract fifty-
two from ninety-eight and forty-six
remains, which gives six more com-
munes to France. And I have the
honor, gentlemen, of calling your at-
tention to the fact that this calculation
is most favorable to the Court of
Rome. For, in this hypothesis, I in-
fer that forty-six communes voted
for the Pope and yet it is certain that
only nineteen decided to preserve the

232

server l'ancien régime; que 17 qui
avaient précédemment voté pour la
France, n'ont point émis de nouveau
vœu, et que 10 n’en ont jamais émis;
donc il n'y a véritablement que le
vœu de 19 communes qui puisse ba-
lancer celui des 52 qui ont voté pour
la France, ce qui établit en faveur de
la réunion une différence de 33 com-
munes.

Quant a la population, la totalité
du celle des deux Etats réunis est de
152,919 ámes; et celle des 52 com-
munautés qui ont voté pour la France
de 101,046. Dans le calcul le plus
favorable au pape, c’est-à-dire, en sup-
posant que 46 communes ont voté en
sa faveur, il aurait pour lui 51,873
habitants. La France en a eu 101,-
046; différence en faveur de la
France, 24,586; car la majorité dans
152,919 est formée par 76,460; et
101,046 ont voté pour la France.

Mais, en rétablissant le calcul tel
qu'il doit étre, c'est-à-dire en se rap-
pelant qu'il n’y a véritablement que
19 communes qui aient voté pour le
pape, la majorité devient bien plus
forte encore en faveur de la France.

Car, ces 19 communes ne compre-
nant que 30,667 individus, il en ré-
sulte en faveur de la France une dif-
férence de 70,379 habitants. Si à ce
nombre on ajoute celui des individus
formant la population des 17 com-
munes qui, ayant émis en avril et mai
leur vœu en faveur de la France, n’en
ont émis de nouveau en faveur du
pape, la majorité deviendra encore
bien plus considérable ; car cette popu-

DOCUMENTS

old order of government; that seven-
teen who had previously voted for
France did not cast a new vote and
that ten did not vote at all. There-
fore there is really only the vote of
the nineteen communes to counter-
balance that of the fifty-two who
voted for France, which establishes
a difference of thirty-three com-
munes in favor of the union.

As to the population: the total
number for the combined states is
152,919 souls, and for the fifty-two
communities who voted for France
101,046. In the calculation most
favorable to the Pope, that is to say,
supposing that the forty-six com-
munes voted in his favor, he would
have on his side 51,873 inhabitants.
France had 101,046, a difference of
24,586 in favor of France; for the
majority of 152,919 is formed by
76,460, and 101,046 voted for
France.

But, making the calculation as it
should be made, that is to say, re-
membering that there were really
only nineteen communes who voted
for the Pope, the majority in favor
of France becomes still greater.

These nineteen communes com-
prising only 30,667 individuals, the
resulting difference in favor of
France amounts to 70,379 inhabit-
ants. If to this number is added
that of the individuals forming the
population of seventeen communes,
who, having voted in favor of
France during April and May, did
not vote again in favor of the Pope,
the majority will be considerably in-

AVIGNON AND THE VENAISSIN, 1791

lation s'éleve á 15,677 individus qui,
réunis aux 101,046 qui ont voté pour
la France dans les 52 communes, for-
ment un total de 116,723 habitants,
tandis qu'il n’y en a pour le pape que
30,667 ; plus, dans le nombre de ceux
qui ont voté pour le pape, il s'est
trouvé une minorité assez considér-
able qui a voté pour la France; entre
autres à Valréas, à Buisson, à Ville et
à Piolène. Ce sont les délibérations
elles-mémes qui en font foi; á quel-
ques-unes, sont annexées des protes-
tations.

Le vœu de toutes les communes a
été parfaitement libre. Car sous les
yeux des médiateurs de la France, en
présence des troupes de ligne et des
gardes nationales françaises, plusieurs
communautés ont voté pour le pape;
et leurs délibérations portent des re-
merciements aux médiateurs pour
avoir assuré la liberté des opinions, la
sureté des personnes et des pro-
priétés.

Parmi les 19 communes qui ont
voté pour le pape, 11 avaient garni-
son française qu’elles avaient dé-
mandée pour assurer leur liberté phy-
sique et morale; il est donc impossible
de dire, à moins qu’on ne soit de la
plus mauvaise foi, que leurs délibéra-
tions n’ont pas été libres. Une d’entre
elles, Bollène, ayant, depuis l'émission
de son vœu pour le pape, réfléchi que
son intérêt demandait sa réunion a la
France, a écrit à l’un des médiateurs
pour demander à se rassembler de
nouveau. Il a répondu, avec la dig-
nité qui convenait á sa mission, que le
vœu ayant été émis légalement en fa-

233

creased; for this population amounts
to 15,677 individuals, which, added,
to the 101,046 who voted for France
in the fifty-two communes, makes a
total of 116,723 inhabitants, whereas
for the Pope there were only 30,667.
Moreover, in the number of those
voting for the Pope, there was a
fairly considerable minority who
voted for France; among other
places at Valréas. Buisson. Ville and
Piolène. The resolutions themselves
prove this; to some of them declara-
tions are attached.

The vote of all the communes was
entirely free. For, under the eyes
of the French Mediators, of the
regular troops and of the French Na-
tional Guards, several communities
voted for the Pope, and their resolu-
tions convey their thanks to the
mediators, for having secured to
them freedom of opinion and safety
of person and of property.

Among the nineteen communes
which voted for the Pope, eleven had
French garrisons, for which they had
asked, in order to secure physical and
moral freedom. It is, therefore.
impossible to state, unless one does
so in bad faith, that their deliberations
were not free One among them,
Bollène, after having voted for the
Pope on second thought decided that
its interest demanded its union with
France, and wrote to one of the
Mediators asking to assemble again.
He replied, with the dignity becom-
ing to his mission, that the vote hav-
ing been legally cast in favor of the

234

veur du pape, il ne permettrait qu'on
ne variait pas ainsi dans un si court es-
pace de temps; et que ce qui avait été
fait l’était düment et légalement.
Qu'on ose dire actuellement que la
liberté des suffrages n’a pas été en-
tière et que les médiateurs ont cherché
à accaparer les opinions. Dans quel-
ques-unes des communes qui ont voté
pour la France, des individus ont voté
librement pour le pape, et leur opinion
est insérée dans les délibérations, telles
qu’à Aubignan, à Bédarrides où sié-
geait l'assemblée électorale, à Crestets
à Entrechaux, à Lille, à Lillia, à la
Roque-sur-Pernes, au Thor et à Vai-
son.

Il est encore à remarquer que, dans
les 52 communes qui ont voté pour la
France, 9 seulement avaient garnison
française, et que, comme je l’ai déjà
dit, sur 19 qui ont voté pour le pape,
11 avaient garnison française, et per-
sonne n'ignore que les gardes natio-
nales des départements voisins du
Comtat désirent vivement la réunion;
donc les médiateurs ont employé tous
leurs moyens pour assurer la liberté
des opinions et y sont parvenus.
Donc l’émission des vœux en faveur
de la France a été libre et spontanée.

Le vœu a été solennel; car partout
il a été émis après une convocation
faite à son de trompe ou de tambour,
et après des affiches préalablement ap-
posées ; les rassamblements ont eu lieu
dans les églises, en plein jour et avec
l'appareil qu'exigeait une affaire aussi
importante.

Le vœu a été légal; car il a été

DOCUMENTS

Pope, he would not allow them to
change it in so short a space of time,
and that what was done had been
done duly and legally. No one
could dare now to say that suffrage
was not entirely free and that the
Mediators sought to influence opin-
ion. In some of the communes
which voted for France, some in-
dividuals freely voted for the Pope,
and their opinion is inserted in their
resolutions, as at Aubignan, at Bédar-
rides, where the Electoral Assembly
was sitting, at Crestets, at Entre-
chaux, at Lille, Lillia, Roque-sur-
Pernes, Thor and Vaison.

It is also worth remarking that in
the fifty-two communes which voted
for France, only nine had French
garrisons, and, as I previously said,
of the nineteen which voted for the
Pope, eleven had French garrisons,
and no one is igorant of the fact that
the National Guards of the neighbor-
ing departments to the Comtat
eagerly desired union. Therefore,
the Mediators employed every means
to secure liberty of opinions and suc-
ceeded in their endeavors. Therefore
the voting in favor of France was free
and spontaneous.

The vote was solemn, for every-
where it was cast after a summons
by trumpet and drum, and after
preliminary placards had been
posted. The assemblies took place
in the churches, in broad daylight
and with all the solemnity demanded
by so important an occasion.

-. The vote was legal, for it followed

AVIGNON AND THE VENAISSIN, 1791

la suite du traité de paix signé a
Orange et garanti par l’Assemblée na-
tionale; l’ordre de convocation a été
donné par l’assemblé électorale d'après
l'invitation des médiateurs; toutes les
formalités ont été remplies dans les
assemblées, car on y a procédé à la
nomination d'un président, d'un se-
crétaire et de trois scrutateurs, après
s’etre préalablement assemblés sous la
présidence du plus ancien d'âge, ainsi
que le prescrivent les décrets de l’as-
semblée nationale ; on y a nommé, en-
suite des députés pour porter les vœux
à l’assemblée électorale qui, après le
recensement des délibérations, a: con-
staté la majorité, et a émis elle-même
son vœu en faveur de la réunion, ainsi
que le portent formellement les pou-
voirs donnés à MM. les députés de
cette assemblée pour se rendre à l’As-
semblée nationale de France. Vos
comités ont donc conclu que le vote
des communes était libre, solennel et

legal.

Est-il de Vintérét de la France d’ac-
cepter la réunion?

Vos comités vous ont observé, Mes-
sieurs, que l'indépendance des Avig-
nonais et des Comtadins avait été in-
contestablement reconnue par P'As-
semblée nationale dans les décrets des
25 mai et 4 juillet; qu'en conséquence,
ces peuples avaient le droit de voter
sur leur état politique; que leurs dé-
libérations avaient été prises avec
cette liberté de suffrage et d'opinions,
qui seule peut en caracteriser la lé-
galité. Il s’agit de savoir si la
France a intérêt d'accepter la réunion

235

the treaty of peace signed at Orange
and guaranteed by the National As-
sembly. The order of convocation
was given by the Electoral Assembly
according to the invitation of the
mediators. All the formalities were
complied with in the assemblies, for
they proceeded to the nomination of
a president, of a secretary and of
three scrutators, after having previ-
ously assembled under the presi-
dency of the oldest in age, as pre-
scribed by the decrees of the National
Assembly. They then nominated
deputies to carry the votes to the
Électoral Assembly, which, after
verifying the returns, announced the
majority and cast their own vote in
favor of union, according to the for-
mal powers given to the deputies of
this Assembly to be carried to the
National Assembly of France. Your
committees, therefore, agreed that the
vote of the communes was free, sol-
emn and legal.

Is it to the interest of France to
accept the union?

Your committees have remarked
to you, Gentlemen, that the independ-
ence of Avignon and the Comtat was
incontestably recognized by the Na-
tional Assembly in the decrees of
May 25 and July 4, that in conse-
quence these peoples had the right to
vote on their political status; that
their resolutions were taken with that
liberty of suffrage and of opinion,
which alone characterize legality.
It is necessary to know whether it is
to the interest of France to accept the

236

demandée par la majorité des Avig-
nonais et des Comtadins réunis.

Cette question a déjà été agitée et
discutée profondément dans diverses
séances de l’Assemblée nationale.

La majorité des députés des dé-
partements voisins désire cette ré-
union. ...

L'intérêt de nos manufactures exi-
gerait qu'on entourat de barrières
Avignon et le Comtat; et comment
pourrait-on y parvenir sans des frais
immenses ?

Avignon, par sa situation, est un des
boulevards de la France, du côté des
montagnes qui lient le Dauphiné et la
Provence aux Etats du roi de Sar-
daigne; et il est assez aisé de pénétrer
jusqu'à cette ville par les gorges de ces
montagnes ; il est donc de l'intérêt de
la France d'occuper un poste aussi
important ; il est donc de son intérêt
d’accepter la réunion des 2 Etats.

Les nations étrangères verront-elles

d'un œil tranquille cette réumon?

Cette question a déjà été trés lon-
guement discutée.

Les gens de bonne foi peuvent-ils
croire que ce sera le prétexte dont
les puissances étrangères se serviront
pour nous attaquer, si jamais elles en
viennent à cette extrémité, ce que moi,
particulièrement, je ne crois pas?
Depuis 2 ans elles ont trouvé des cir-

DOCUMENTS

union asked by the majority of the
united people of Avignon and of the
Comtat. |

This question has already been
agitated and exhaustively discussed
in various sittings- of the National
Assembly.

The majority of the deputies from
the neighboring departments desire
this union. . ..

The interest of our manufactures
would exact the erection of barriers
around Avignon and the Comtat and
how could this be done without im-
mense expense ?

Avignon, by its situation, is a bul-
wark of France on the side of the
mountains which connect the
Dauphiné and Provence with the
dominions of the King of Sardinia,
and it is easy enough to penetrate
as far as the city by way-of the
mountain gorges. It is therefore to
the interest of France to occupy so
important a post and to accept the
union of the two states.

Will the foreign nations be will-
ing to accept this union?

This question has already been dis-
cussed at great length.

Is it possible for people of good
faith to believe that it will constitute
a pretext, of which the foreign
Powers will make use to attack us,
should such an extremity ever arise,
which I, for one, do not believe?
For two years they have found cir-

AVIGNON AND THE VENAISSIN, 1791

constances bien plus favorables pour
nous faire la guerre; en ont-elles
profité? Non: 1% parce qu'elles con-
naissent notre énergie, et notre amour
indestructible pour la liberté.

Tous les étrangers connaissent ausst
bien que nous nos droits sur ces pays;
ils savent bien que dans les circon-
stances actuelles Avignon et le Com-
tat ne peuvent exister sans s'incor-
porer à la France; ils savent bien que
notre puissance n'en sera pas aug-
mentée, et que, tout au plus, cette ré-
union ne servira qu'à diminuer quel-
ques génes commerciales. Personne
n'a jamais ignoré que, tôt ou tard,
Avignon et le Comtat devaient rentrer
sous notre domination. Si Avignon
et le Comtat existaient au milieu de
l'Espagne, de l'Angleterre, de la
Suede, de la Prusse ou des Etats
héréditaires de l'Empereur, trou-
verions-nous mauvais que les princes
qui gouvernent ces pays, confondant
leurs droits avec les vœux du peuple,
cherchassent à les réunir à leurs au-
tres domaines? Non, sans doute; eh
bien! croyons, sans chercher à nous
faire des monstres pour les combattre,
que la raison n'est pas encore totale-
ment bannie des cabinets de l’Europe ;
et que si les puissances étrangères veu-
lent nous attaquer, ce ne sera pas pour
le futile prétexte de la réunion d'Avig-
non. D'ailleurs, je maintiens que la
réunion nous met en meilleure posi-
tion. Car, comme je l'ai dit, en sup-
posant la guerre, nous aurons de
moins á combattre des ennemis inté-

237

cumstances much more favorable to
war; did they profit by them? No.
First, because they know our energy
and our indestructible love of
liberty.

Every foreigner is as familiar as
ourselves with our rights over these
countries; they knew very well that
under the actual conditions Avignon
and the Comtat can not exist without
being incorporated with France; they
know that our power will not be in-
creased thereby, and, that at the
most, this union will only serve to
diminish a few commercial incon-
veniences. No one has ever been
ignorant of the fact that sooner or.
later Avignon and the Comtat would
have to come once more under our
control. If Avignon and the Com-
tat existed in the midst of Spain,
England, Sweden, Prussia, or the
hereditary estates of the Emperor,
would we consider it wrong if the
princes governing these countries,
blending their rights with the votes
of the people, should seek to unite
them to their other dominions? Un-
doubtedly no. Very well, then let
us believe, without trying to make
for ourselves monsters to be fought,
that common sense has not yet been
entirely banished from the cabinets
of Europe and that, if the foreign
Powers wish to attack us, it will not
be for the futile pretext of the union
of Avignon. Besides, I maintain,
that the union places us in a better
position; for, as I have already said,

238 DOCUMENTS

rieurs, beaucoup plus dangereux que
les extérieurs.

Est-il de l'intérêt des deux Etats
d’être réunis à la France?

J'en appelle: 1° à leurs délibéra-
tions; 2° à l’état affreux où nous les
réduisons, si la réunion n’a pas lieu.

J'ai prouvé que ce vœu avait été
émis avec toute la liberté et la solen-
nité qui en assurent la légalité;

Que la majorité des communes et
des individus avait voté pour se réunir
à la France;

Que l'intérêt bien entendu de la na-
tion française était d'accepter cette ré-
union ;

Que la crainte que cette réunion ne
servit de prétexte aux puissances
étrangères pour nous attaquer, était
vaine, illusoire et indigne de 1'Assem-
blée nationale ;

Que l’interet des Avignonais et des
Comtadins était que cette réunion
s'opérat;

Que la mesure du séquestre était
injuste et dangereuse pour la France;

Que l’humanité et l’honneur na-
tional exigeaient qu'on ne rejetat pas
le voeu des Avignonais et des Comta-
dins;

Qu'enfin le refus de ce voeu replon-
gerait ces deux peuples dans toutes
les horreurs de la guerre civile et de
l’anarchie;

supposing we were to have war, we
would not have to fight domestic
enemies, who are much more danger-
ous than those outside.

Is it to the interest of the two states
to be united to France?

I call attention, first, to their de-
liberations; second, to the frightful
condition to which we will reduce
them, if the union does not take
place. . ..

I have proven that this vote was
cast with all the liberty and solemnity
which insure its legality;

That the majority of the com-
munes and of the individuals voted
to be united to France;

That it is clearly to the interest of
the French nation to accept this
union;

That the fear that this union
would serve as pretext to the foreign
Powers to attack us, is vain, illusory
and unworthy of the National As-
sembly ;

That it is to the interest of
Avignon and the Comtat that this
union should be accomplished;

. That the measure of sequestration
was unjust and dangerous for
France;

That humanity and national honor
demand that the vote of Avignon
and the Comtat should not be re-
jected ;

And lastly that the refusal of this
vote would again plunge these two
peoples into all the horrors of civil
war and anarchy.

AVIGNON AND THE VENAISSIN, 1791

Vos comités, déterminés par toutes
ces considérations, ont été d'avis
d'accepter la réunion; et c’est en leur
nom que j'ai l'honneur de vous pro-
poser le décret suivant: !

239

Your committees, decided by all
these considerations, are of the
opinion that the union should be
accepted, and it is in their name that
I have the honor to propose to you
the following decree.

‚© e e o e

Formal Charges Brought Against the Mediators by Abbé Maury, before the

National Assembly, and Replies of the Mediators.

M. L ABBE Maury... . Messieurs,
voici une accusation dont je vais don-
ner lecture à l’Assemblée ; elle est écrite
et signée de ma main. Je la déposerai
ensuite dans le bureau, espérant de la
justice de l’Assemblée qu’elle sera as-
sez frappée de l'importance de cette
accusation pour sentir toute la néces-
sité de punir les médiateurs, s'ils sont
coupables, ou la nécessité non moins
sacrée de les justifier s'ils sont inno-
cents.

Voici, Messieurs, mon acte d'accu-
sation :

‘ L'Assemblée nationale s'étant ré-
servé les fonctions de grand juré pour
décider s’il y a lieu à accusation contre
les agents du gouvernement, je lui
dénonce MM. Le Scène des Maisons,
Verninac Saint-Maur et Mulot, com-
missaires médiateurs chargés de ré-
tablir le bon ordre et la tranquillité
dans Avignon et le Comtat. Je de-
mande à être autorisé à les poursuivre
devant le tribunal provisoire de la
haute cour nationale séant à Orléans,
comme s'étant rendus coupables de la

September 13, 1791 ?

M. L’ABBÉ Maury. . . . Gentle-
men, here is an accusation which I will
read to the Assembly; it is written
and signed by my hand. I will then
deposit it on the bureau, hoping that
the justice of the Assembly will be
sufficiently struck with the import-
ance of this accusation to feel the ab-
solute necessity of punishing the me-
diators, if they are guilty, or the
necessity no less sacred of justify-
ing them, if they are innocent.

Here, Gentlemen, is my accusa-
tion:

“The National Assembly having
reserved to itself the functions of a
grand jury to decide if there is cause
for accusation against agents of the
Government, I wish to denounce to
it MM. Le Scène des Maisons, Ver-
ninac Saint-Maur and Mulot, Com-
missioners of Mediation, charged
with the reestablishment of good
order and quiet in Avignon and
the Comtat. 1 ask to be author-
ized to prosecute them before the
provisional tribunal of the High Na-

1 See the Decree of Union, p. 94; the texts are identical.

2 Arch. parl., lst series, vol. 30, p. 611.

240

partialité la plus révoltante, des abus
d'autorité les plus iniques, de la pro-
tection la plus scandaleuse donnée aux
brigands; enfin, comme ayant con-
trarié le but de leur mission, sans
avoir jamais voulu en remplir le véri-
table objet. - . °

“ En conséquence, je les accuse, sur
ma responsabilité, d'avoir vécu, des
leur arrivée á Orange, dans la plus
grande intimité avec les chefs des bri-
gands de Vaucluse; de les avoir fait
figurer, avec les parties contractantes,
comme chefs de l’armée de Vaucluse,
comme parties contractantes avec les
communes d'Avignon et de Carpen-
tras; d'en avoir fait leurs conseillers
et leurs convives. Je les accuse de
n'avoir désarmé que les seuls citoyens
du Comtat, ápres une proclamation qui
enjoignait aux deux partis de poser
les armes; d'avoir laissé entrer l'armée
des brigands á Avignon, oú elle a
commis toutes sortes de crimes, oú ils
dominent en souverains et où ils se
sont emparés récemment du palais et
de l’arsenal; d'avoir répondu aux cito-
yens qui se plaignaient de cette par-
tialité, que les armes étaient bien
placées entre les mains de ces gens-là
et non dans les siennes, dirent-ils au
sieur Vincé, procureur de la commune
d’Avignon, et d'avoir ordonné formel-
lement que les brigands seraient
armés.

“Je les accuse d’avoir placé, d’abord

DOCUMENTS

tional Court sitting at Orléans, as
having been guilty of the most re-
volting partiality, of the most in-
iquitous abuse of authority, of most
scandalous protection given to brig-
ands: finally, of having acted con-
trary to the-object of their mission,
without ever having desired to ac-
complish its real object.

“In consequence, I accuse them,
on my responsibility, of having lived,
from the moment of their arrival at
Orange, in the greatest intimacy
with the chiefs of the brigands of
Vaucluse; of having made them fig-
ure, with the contracting parties, as
chiefs of the army of Vaucluse, as
contracting parties with the com-
munes of Avignon and of Carpentras;
of having made them their councillors
and guests. I accuse them of dis-
arming only the citizens of the Com-
tat, after a proclamation which en-
joined on both parties to lay down
their arms; of having permitted the
army of the brigands to enter Avig-
non, where they committed all sorts
of crimes, where they rule as sover-
eigns and where they have recently
taken possession of the palace and of
the arsenal; of having replied to the
citizens who complained of this par-
tiality that the arms were better
placed in the hands of those people
than in their own, as they remarked
to the Sieur Vincé, Procurator of the
Commune of Avignon; and of having
formally ordered the arming of the
brigands.

‘I accuse them of having placed,

AVIGNON AND THE VENAISSIN, 1791

sans autorité, des garnisons de troupes
de ligne dans la commune du Comtat,
et d'avoir ensuite renvoyé ces troupes
de ligne qui refusaient de seconder
leur despotisme pour y substituer des
gardes nationales de France dans le
moment de la révolte; d'avoir tiré ces
gardes nationales des villes de Nimes
et de Marseille, de les avoir envoyées
dans les communes les plus paisibles
du Comtat oú rien ne sollicitait leur
assistance, et spécialement dans les
communes qui avaient manifesté leur
fidélité au pays, quoique ces com-
munes ne cessaient de demander aux
commissaires l’éloignement de troupes
inutiles et souvent très onéreuses aux
communautés; d’avoir ordonné sans
aucune autorisation aux districts voi-
sins de payer les soldes de ces gardes
nationales qu’ils employaient sans
nécessité, et d’avoir mérité par là les
arrétés de défense des départements
du Gard et des Bouches-au-Rhòne qui
ont appelé leurs détachements et qui
ont dénoncé lesdits médiateurs à l’As-
semblée nationale et au ministre de
l'intérieur, en les accusant formelle-
ment de servir la mésintelligence entre
les corps administratifs, en demandant
à l’Assemblée nationale qu’elle mit un
frein à l’abus de leur autorité; enfin

en remerciant les directoires de dis-.

tricts de s'étre tenus en garde contre
leurs insinuations. Je les accuse
d'avoir refusé, sur la demande ex-
presse de la municipalité d'Avignon,
de faire désarmer les brigands, de les
avoir fait entrer au contraire en tri-
omphe dans cette ville, tambour bat-

241

at first without authority, garrisons
of troops of the line in the commune
oí the Comtat, and of having later
dismissed these troops of the line,
who refused to second their despot-
ism, in order to substitute National
Guards of France at the time of the
revolt; of having drawn these Na-
tional Guards from the cities of
Nimes and Marseilles; of having sent
them to the most peaceful communes
of the Comtat, where their assistance
was not needed, and especially to the
communes which had manifested
their loyalty to the country, although
these communes incessantly requested _
the commissioners to remove these
troops, who were useless and often
very burdensome to the communities;
of having ordered, without authority,
that the neighboring districts should
pay these National Guards, whom
they were employing without neces-
sity, and of having deserved thereby
the resolutions of condemnation of
the Departments of the Gard and of
the Bouches-au-Rhóne which called
in their detachments and denounced
the said mediators to the National
Assembly and to the Minister of the
Interior, by formally accusing them
of having created misunderstanding
between the administrative bodies,
and by demanding that the National
Assembly put a curb on the abuse of
their authority; finally by thanking
the directories of the district for hav-
ing been on guard against their in-
sinuations. I accuse them of having
refused the express request of the

242

tant, meche allumée, portant en forme
de cocarde une carte sur laquelle on
lisait ces mots imprimés: “Braves
brigands de l’armée du département
de Vaucluse,’ et de les avoir compli-
mentés aux portes de la ville en prés-
ence des troupes de ligne; d'avoir
écrit une lettre imprimée dans laquelle
ils mandent á l’officier général qui
commande en Provence que ces bri-
gands méritent estime et considéra-
tion, d'avoir fait rendre aux brigands,
dans la ville de l’Isle, les armes qu’on
leur avait Otées.

“ Je les accuse d’avoir présidé (le
sieur Verninac-Saint-Maur) au club
d'Avignon, le jour qu'on fit la mo-
tion et qu'on y décida formellement
d'anéantir les procédures criminelles
instruites à Avignon contre les chefs
de brigands, de forcer la municipalité
à les reconnaitre pour bons patriotes
et de protéger spécialement l’un d’eux,
le sieur Touréal. Le meme sieur
Verninac-Saint-Maur, oubliant son
caractère de médiateur, a été prési-
dent de la Société des amis de la Con-
stitution d'Avignon; il a écrit, en cette
qualité, des lettres dans lesquelles il
fait l’éloge des brigands, en assurant
que personne n'ose les accuser, tandis
que la procédure instruite contre eux
a été anéantie et qu’ils se sont vengés
des officiers municipaux d'Avignon,
leurs dénonciateurs, en les renfermant

DOCUMENTS

Municipality of Avignon to disarm
the brigands; of having caused these,
on the contrary, to enter the city in
triumph, drums beating, torches
lighted and wearing in the form of a
cockade a card, on which could be
read these printed words: “Brave
brigands of the army of the depart-
ment of Vaucluse;’ and of having
complimented them at the gates of
the city, in the presence of the troops
of the line; of having written a
printed letter, in which they informed
the general officer commanding in
Provence that these brigands de-
served esteem and consideration; of
having caused to be returned to the
brigands the arms which had been
taken from them, in the City of Isle.

“ I accuse them of having presided
(the Sieur Verninac Saint-Maur) at
the Club of Avignon, on the day that
the motion was made and it was
formally decided to annul the crim-
inal procedures instituted in Avignon
against the brigand chiefs, and to
force the Municipality to recognize
them as good patriots and to especially
protect one of them, Sieur Touréal.
The same Sieur Verninac Saint-Maur,
forgetting his character of mediator,
was president of a Society of the
Friends of the Constitution of Avig-
non; in this capacity he wrote let-
ters, in which he praised the brigands,
giving assurance that no one dare ac-
cuse them, the proceedings instituted
against them having been annulled,
and stating that they had avenged
themselves against the municipal offi-

AVIGNON AND THE VENAISSIN, 1791

dans un cachot, où ils sont encore au-
jourd'hui á la merci des brigands.

“ Je les accuse d’avoir dit publique-
ment à Villeneuve, aux émigrants
d'Avignon, qu'ils ne leur promettaient
sûreté dans la ville d'Avignon qu'à
condition qu'ils ne voteraient point
pour le pape; de s'étre opposé à la
confection d’un procès-verbal qui de-
vait constater les violences des bri-
gands pour forcer les Avignonais de
voter pour leur réunion à la France.

“ Te les accuse d’avoir parcouru tout
le Comtat sans aucune mission, sans
aucun ordre de l’Assemblée nationale,
ni du roi, pour solliciter le vœu de
réunion à la France; d’avoir changé,
de leur seul autorité, le jour fixé pour
les assemblées primaires, lorsqu'ils ne
trouvaient pas les esprits disposés à
seconder leurs vues; d’avoir annoncé
aux habitants les plus affreux dé-
sordres, s'ils refusaient de s'incorporer
4 l'empire francais; de leur avoir ex-
posé les maximes les plus séditieuses ;
d'avoir appelé publiquement le pape
un despote (Rires) dans un pays où
lon bénit depuis plus de 6 ans la
douceur de son gouvernement pater-
nel, et d'avoir ordonné aux communes
qui restaient à leur souverain, de re-
tirer des portes de leur cité les armes
de France qu'on y avait placées avec
honneur, pour intimider les citoyens.

243

cers of Avignon, their accusers, by
shutting them up in a dungeon, where
they remain to this day, at the mercy
of the brigands.

‘I accuse them of having publicly
said to the emigrants of Avignon at
Villeneuve, that they would promise
them safety in the city of Avignon
only on condition that they would not
vote for the Pope; of having been
opposed to the drawing up of an off-
cial report which was to prove the
violent acts of the brigands, in order
to force the people of Avignon to vote
for union with France.

‘I accuse them of having traversed
the whole of the Comtat without any
mission whatever, with no order of
any kind from the National Assembly
nor from the King, in order to solicit
the vote for union with France; of
having changed, on their own au-
thority, the day fixed for the primary
assemblies, when they did not find the
people disposed to second their views;
of having threatened the inhabitants
with the most frightful disorders, if
they refused to be incorporated in the
French Empire; of having placed be-
form them most seditious maxims;
of having publicly called the Pope a
despot (laughter) in a country,
where for more than six years they
have blessed the sweetness of his
paternal government, and of having
ordered the communes who were still
left to their sovereign to remove from
the gates of their city the arms of
France which they had placed there
in honor, so as to intimidate the
citizens.

244

“Je les accuse d’avoir fait entrer
dans la municipalité d'Avignon, les
chefs des brigands qui demandaient,
à main armée, une solde de 40 sous
par jour ou une gratification, et
d'avoir fait emprisonner, de leur au-
torité privée, des citoyens avignonais
sans aucune autorité que leur volonté
supréme; d'avoir réintégré le sieur
Raphel, juge d'Avignon, révoqué par
les sections de ses fonctions depuis
qu'il s'était mis à la suite de l’armée
des brigands pour y juger, disait-il,
les crimes de lése-nation; d'avoir
rendu une proclamation pour ordonner
aux officiers ministériels de recon-
naitre le sieur Raphel pour juge et
pour déclarer, en véritables souverains,
que ses jugements et leur exécution
seraient protégés par toute la force
publique; je les accuse d'y avoir
reconnu, sans raison, la souveraineté
de l’assemblée électorale et de lui avoir
adressé un discours qui légitime toutes
les vexations dont les habitants du
Comtat sont les victimes.

“La première motion de cette as-
semblée, haranguée par le sieur Verni-
nac-Saint-Maur, eut pour objet la
nomination de M. Le Victorin Mulot,
médiateur, à Péveché du département.
Cette séance se termina par une rixe
qui s'éleva entre les électeurs; M.
Mulot ne fut point élu pour occuper
un siège qui n'était point vacant, et
l'assemblée électorale vient de rendre
un arrêté contre lui en le dénonçant
a l’Assemblée nationale; il est sorti

DOCUMENTS

‘I accuse them of having caused
the entry into the municipality of
Avignon of the brigand chiefs, who
demanded, arms in hand, pay of
forty sous per day or a gratuity; and
oí having, on their private authority,
imprisoned some citizens of Avig-
non, without any other authority
than their own supreme will; of hav-
ing reinstated. the Sieur Raphel,
Judge of Avignon, recalled by the
sections after he had placed himself
among the followers of the army of
the brigands, to judge, as he said, the
crimes of high treason; of having is-
sued a proclamation ordering the
ministerial officers to recognize the
Sieur Raphel as judge and declaring,
as veritable sovereigns, that his judg-
ments and their execution would be
protected by all the public force. I
accuse them of having recognized
therein, without reason, the sover-
eignty of the Electoral Assembly and
of having addressed a discourse to it
justifying all the annoyances of
which the inhabitants of the Comtat
have been victims.

“ The first motion of this assembly,
addressed by the Sieur Verninac
Saint-Maur, had for object the nom-
ination of M. Le Victorin Mulot,
mediator, to the bishopric of the de-
partment. This session ended in an
altercation, which arose between the
electors; M. Mulot was not elected to
occupy a see which was not vacant,
and the Electoral Assembly have
rendered a decision against him, while
denouncing him to the National As-

AVIGNON AND THE VENAISSIN, 1791

du Comtat pour se réfugier en France,
dans la ville. de Courtaison.

“ Te les accuse d’avoir été specta-
teurs tranquilles des plus grandes dés-
ordres, de l’anarchie, des assassinats
continuels, et d’avoir fait des orgies
continuelles avec les chefs des bri-
gands qui se sont rendus maitres de
la ville d'Avignon en leur présence,
sans qu'ils se soient opposés à cette in-
vasion, ni aux vexations inouies qui
en ont été la suite, les faits, que je
m'engage à prouver légalement, an-
noncent une collusion et une com-
plicité qu’il est de l’honneur de la jus-
tice de la France de punir exemplaire-
ment. |

“ T'accuse les médiateurs de tous
ces délits.

“ Je les accuse de tous les désastres
actuels du Comtat qu'ils auraient pu
prévenir.

“* Je les accuse enfin de n'avoir pas
voulu remplir leur mission, d'avoir
fait le contraire de ce que 1'Assemblée
nationale leur avait ordonné, et je me
réserve d'articuler contre eux plusieurs
autres accusations majeures lorsqu'il
me sera permis de les traduire au tri-
bunal de la haute cour nationale, me
soumettant à toute réparation civile
et tous dépens, dommages et intéréts.
(Rires et murmures.) . . .

“Et a tous dépens, dommages et
intérêts, si je ne justifie pas devant
les ministres de la loi des faits que je
dénonce et de ceux que je me réserve
de dénoncer á la justice pour prouver

245

sembly ; he left the Comtat in order to
take refuge in France, in the city of
Courtaison.

‘I accuse them of having been
quiet spectators of the greatest dis-
orders, of anarchy, of continual as-
sassinations, and of having had con-
tinual orgies with the brigand chiefs,
who, in their presence, made them-
selves masters of the City of Avig-
non, without any opposition on their
part to this invasion, or to the untold
annoyances which followed. The
facts, which I undertake to prove
legally, proclaim a collusion and a
complicity which the honour and jus-
tice of France demand shall be exem-
plarily punished.

“ I accuse the Mediators of all these
misdemeanours.

‘I accuse them of all the present
disasters in the Comtat, which they
could have prevented.

‘ I accuse them, finally, of not hav-
ing wished to fulfill their mission, of
having done the contrary of that
which the National Assembly had or-
dered, and I reserve to myself the
right to formulate against them sev-
eral other major accusations, when I
am permitted to indict them before the
tribunal of the High National Court,
taking upon myself all compensations,
and all expenses, damages and inter-
est. (Laughter and murmurs.) . . .

“And to all expenses, damages
and interest, if I do not justify be-
fore the ministers of justice the facts
which 1 denounce and those which
I reserve to denounce to justice, to

246

que les médiateurs n'on pas été les
agents de la France, mais qu'ils se
sont conduits comme les agents d'une
armée de brigands et d'une assemblée
d'administrateurs intrus sur lesquels
ils n'avaient aucun pouvoir, aprés
avoir favorisé jusqu'au scandale leurs
entreprises et leurs attentats.

‘ A Paris, le 13 septembre 1791.”
Et j'ai signé.

En mettant cet acte d'accusation sur
le bureau, je demande maintenant á
l’Assemblée, et je la supplie de vou-
loir bien accueillir, par un décret, ce
que j'ai l'honneur de lui demander
sur ma responsabilité. (Exclama-
tions à gauche.)

Je vous prie de considérer que l’ac-
cusation que vous venez d’entendre
est appuyée sur les titres les plus im-
posants et les plus respectables, sur les
dénonciations des départements, sur
des lettres écrites de la main des com-
missaires eux-mémes; enfin, sur des
preuves par écrit de tous les faits que
j'ai annoncés, sur des faits de noto-
riété publique. Je consens á ce que
les médiateurs prennent la parole, et
je les somme de répondre, article par
article, et par des faits, á mes chefs
d'accusation; tout le reste ne serait
que de vaines déclamations; il ne faut
qu'il viennent me produire des lettres
mendiées ou écrites par des habitants
du Comtat.

Un membre:
votres ?

M. L’ABB£É Maury. D'après ces
faits, vous voyez que le rapport

Quelles sont les

DOCUMENTS

prove that the Mediators were not
agents of France, but that they con-
ducted themselves as agents of an
army of brigands and of an assembly
of intrusive administrators, over
which they had no power, but whom
they favoured to the extent of scan-
dal in all their enterprises and under-
takings.

‘ Paris, September 13, 1791.”

And I have signed this.

In placing this accusation on the
table, I now ask the Assembly, and
I beg them to receive with a decree,
that which I have the honour of ask-
ing on my own responsibility. (Ex-
clamations on the Left.)

I beg you to consider that the accu-
sation to which you have just lis-
tened, is based on claims the most im-
posing and the most respectable, on
the denunciations of the departments,
on letters written by the hand of the
commissioners themselves; finally, on
the written proofs of all the facts I
have stated, on facts of public notori-
ety. I am willing that the Mediators
should speak for themselves and I
summon them to answer, article by
article, and by facts, my accusations;
anything else would be merely vain
declamations; they must not produce
letters begged for or written by in-
habitants of the Comtat.

A member. Which are yours?

M. L'ABBE Maury. According to
these facts, you can see that the Avig-

AVIGNON AND THE VENAISSIN, 1791

d'Avignon, fondé sur des procés-ver-
baux qui sont l’ouvrage de ces média-
teurs, ne peut plus étre discuté.
(Rires et murmures.) J’ose dire à
l'Assemblée que je ne redoute point
cette discussion, et que j'espére de
trouver dans les actes mêmes qu'on
nous présente comme la preuve du
voeu de la réunion, les moyens d'en
prouver la nullité.

247

non statement, founded on official
reports which are the work of these
mediators, can no longer be discussed.
(Laughter and murmurs.) I dare to
say to the Assembly that I do not
fear this discussion, and I hope to find
in the very acts, which are presented
to us as proof of the vote of Union,
the means of proving its nullity.

Reply of Le Scène des Maisons

Chargés des pouvoirs de 1'Assem-
blée nationale, honorés de la confiance
du pouvoir exécutif, nous n'avons eu
d'autres instructions que vos propres
lois ; c'est lá que nous avons appris nos
devoirs. .

Arrivés à Orange, nous avons fait
ce que le devoir nous dictait. Nous
voyions devant nous un pays, qui,
depuis 6 mois, était le théatre de
toutes les horreurs de la guerre civile;
nous nous sommes arrétés à Orange,
et, j'ai déjà eu l'honneur de le dire à
l’Assemblée, nous nous y sommes ar-
rêtés parce qu'il était important de
voir les chefs de tous les corps armés,
toutes les autorités alors reconnues,
et qu’il fallait établir la paix pour
remplir vos volontés.

M. l’abbé Maury nous a reproché
d’avoir admis à ces conférences les
députés de l’assemblée représentative
du pays, munis de 68 procès-verbaux
qui les avaient établis. Cette assem-
blée avait à ses ordres l'armée dite de
Vaucluse, qui était un des partis prin-
cipaux entre tous les partis intéressés.

Charged with the powers of the
National Assembly, honoured with the
confidence of the executive power,
we had no other instructions than
your own laws; it is there that we
learned our duties.

Arrived at Orange, we did what
duty dictated. We saw before us a
country, which, for six months, had
been the theatre of all the horrors of
a civil war; we stopped at Orange,
and I have already had the honor of
stating to the Assembly that we
stopped there because it was import-
ant for us to see the chiefs of all the
army corps, of all the then recognized
authorities, and because it was neces-
sary to establish peace in order to
accomplish your wishes. |

M. l'Abbé Maury has reproached
us for having admitted to .these
conferences deputies from the repre-
sentative assembly of the country,
armed with sixty-eight formal min-
utes by which they had been accred-
ited. This assembly had under its
orders the so-called army of Vau-

248

Avec qui devions-nous donc traiter
pour exécuter vos lois; si nous n'ap-
pelions pas les corps reconnus aux-
quels l’armée obéissait? Il ne nous
appartenait pas d’entrer dans toutes
les injures, dans toutes les oppositions
des divers partis; il ne nous apparte-
nait pas, comme-à M. Maury, de trai-
ter ces gens de brigands. Nous al-
lions mettre la paix parmi eux. Notre
devoir était de les entendre et de les
admettre au traité puisque d'eux en
partie dépendait cette paix que vous
nous aviez chargé d'établir. (Ap-
plaudissements à gauche.) . . .

Le 14 juillet, nous signämes le pacte
en vertu duquel chaque parti prenait
l'engagement de mettre bas les armes
et de remplir votre loi de licenciement.
— Licencier une armée n'est pas dés-
armer un pays. Votre loi nous ordon-
nait de licencier deux armées qui se
battaient, qui répandaient le trouble
dans leur pays. Nous appartenait-il
d'interpréter vos lois? Non. Notre
devoir était de les exécuter. Nous li-
cenciames les armées, mais nous
n'otámes pas les armes des individus
qui, retournant paisiblement dans
leurs communes, dans leurs familles,
en avaient encore besoin dans les pre-
miers moments d'agitation; et l’his-
toire de Caromb ne vous l’a que trop
prouvé.

M. l’abbé Maury vous a dit, Mes-
sieurs, que, si nous n'étions pas ar-
rivés, si nous avions retardé quelques
jours, la paix se serait rétablie dans
le Comtat. Quelle était ce pays?
C’etait le pays de la mort, la paix des

DOCUMENTS

cluse, which was one of the principal
parties among all the interested fac-
tions. With whom could we treat in
order to execute your orders, if we
did not summon the recognized bodies
which the army obeyed? It was not
our place to enter into all the wrongs,
into all the disputes of the different
parties; it was not our place, like M.
Maury, to treat these people as
brigands. We were to bring them
peace. Our duty was to hear them,
to admit them to treaty, because on
them partly depended that peace
which you had charged us to estab-
lish. (Applause on the Left.) . ..
On July 14 we signed the pact by
virtue of which each party agreed to
lay down their arms and to carry out
your order to disband. Disbanding
an army is not disarming a country.
Your order directed us to disband two
fighting armies, which were spread-
ing trouble in their country. Was it
our business-to interpret your orders?
No. Our duty was to carry them
out. We disbanded the armies, but
we did not take away the arms of in-
dividuals, who, returning peacefully
to their communes, to their families,
still needed them in these first mo-
ments of agitation, which the history
of Caromb has amply proved to vou.

M. l’Abbé Maury has told you,
gentlemen, that had we not arrived,
had we delayed for a few days, peace
would have been established in the
Comtat. What was this country?
It was the country of death, the peace

AVIGNON AND THE VENAISSIN, 1791

tombeaux; c'étaient 12,000 hommes
qui en auraient égorgé 3,000 ren-
fermés dans la ville de Carpentras;
qui, de là, promenaient la destruction
et la mort dans la ville d'Avignon.
Voila la paix de M. PAbbé Maury.
(Vifs applaudissements à gauche.)

Vous vous rappelez, sans doute, la
malheureuse histoire de Caromb.! . . .
Nous avons désarmé les auteurs de ces
crimes: nous leur avons Oté leurs
armes, comme on arrache les dents
aux bétes féroces et comme on devrait
arracher la langue aux calomniateurs.
(Vifs applaudissements d gauche.)

Je le demande à l’Assemblée: Si
nous avions désarmé ce pays, si, contre
les pouvoirs qui nous étaient confiés
par notre mission, nous avions arraché
les armes à toutes les communes, à
toutes les gardes nationales, que ne
dirait pas alors M. Pabbé Maury?
C'est alors qu'il aurait pu nous dire:
vous avez violé les lois, vous avez
même abusé de votre pouvoir. Vous
apportez des vœux 4 l’Assemblée na-
tionale, et quels sont ces vœux?
Quelle valeur ont-ils, lorsque vous
avez commencé par arracher les armes
aux habitants du Comtat, et que, dans
la crainte, ils ont été forcés en votre
présence, de faire ce que vous avez
ordonné. Alors il y aurait lieu de
nous inculper. Mais, lorsque nous
avons été obéi à l’esprit de la loi, je
crois que la seule chose que M. l’abbé
Maury regrette, c'est que nous n'eus-
sions pas fait la chose même dont il
nous accuse. (Applaudissements à
gauche.) . ..

249

of the tomb; it was 12,000 men who
would have strangled 3,000 shut up
in the city of Carpentras; who from
there would have carried death and
destruction to the city of Avignon.
That is the peace of M. l’Abbé Maury.
(Lively applause on the Left.)

You no doubt remember the un-
happy history of Caromb. .. . We
have disarmed the authors of these
crimes; we have taken away their
arms, as one pulls the teeth of savage
beasts and as one should tear out the
tongue of calumniators. (Lively ap-
plause from the Left.)

I ask the Assembly, if we had dis-
armed this country, if, contrary to
the powers confided to us by our mis-
sion, we had seized the arms of all
the communes of all the National
Guards, what would M. 1'Abbé
Maury have said then? He could
then have said: you have violated
the laws, you-have even abused your
power. You have brought votes to
the National Assembly, but what are
these votes? Of what value are they,
when you began by seizing the arms
of the inhabitants of the Comtat, who
then, in fear, were forced in your
presence to do what you had ordered.
There would then have been reason to
accuse us. But, as we were obeyed
in the spirit of the law, I believe that
the only regret of M. l’Abbé Maury.
is that we did not do the very thing of
which he accuses us. (Applause
from the Left.)

1 See the Report of Le Scène des Maisons, p. 46.

250

Des crimes et des vengeances pré-
médités se commettaient partout.

C'est pour en empêcher l’effet que nous.

volâmes dans toutes les communes du
Comtat; que nous allámes á Pioléne,
oú déjá une maison, renfermant plu-
sieurs citoyens, était assiégée par cinq
ou six cents hommes; que nous allames
à l’Isle, où la même chose arrivait et
où déjà l’on se fusillait par les fené-
tres. C'est pour cela que nous fúmes
obligés de demander les forces que M.
l'abbé Maury nous reproche d’avoir
appelées.

D'après l'expérience des crimes
commis, pour éviter ceux qui se pré-
paraient encore, nous fümes obligés
d’appeler les gardes nationales, comme
la loi nous y obligeait. La loi du 14
juillet, qui portait la garantie de la
France pour la sûreté des personnes et
des propriétés, nous autorisait à ap-
peler les gardes nationales, nous les
appelames parce que les troupes de
ligne étaient en trop petit nombre dans
les départements voisins, parce que
les commandants de ces corps nous
répondaient qu'ils ne pouvaient nous
en fournir, et á cet instant méme, le
régiment ci-devant de la Fére, que
nous eussions pu en partie requérir,
avait reçu du ministre l’ordre de par-
tir pour la Corse. Nous étions donc
forcés d'appeler les gardes nationales ;
et, Messieurs, en appelant des gardes
nationales françaises, devions-nous
nous attendre que l’on nous en ferait
un crime dans l’Assemblée? Qui
devions-nous croire, qui établirait
mieux la paix parmi les habitants du

DOCUMENTS

Crimes and premeditated vengeance
were committed everywhere. It was
to destroy their effect that we hurried
to all the communes of the Comtat;
that we went to Piolene, where one
louse, in which several citizens had
shut themselves up, was being be-
sieged by five or six hundred men;
that we went to Isle, where the same
thing was happening and where they
were shooting each other from the
windows. It was on this account
that we were obliged to ask for
troops, which M. PAbbé Maury re-
proaches us for having called for.

Having had experience of the
crimes committed, and in order to
prevent those in contemplation, we
were obliged to call the National
Guards, as the law required. The
law of July 14, which carried with it
the guarantee of France for the safety
of persons and properties, authorized
us to call the National Guards; we
called them because the troops of the
line were too few in number in the
neighboring departments, because the
commanding officers of these troops
replied to us that they could not fur-
nish us men, and because at this very
time the former la Fère regiment, a
part of which we might have been able
to requisition, had received orders
from the minister to leave for Corsica.
We were therefore forced to call the
National Guards; -and, gentlemen,
were we to expect that our calling
the National Guards would be called
a crime in the National Assembly?
Were we not to think that a citizen
guard would be most certain to estab-

AVIGNON AND THE VENAISSIN, 1791

Comtat, si ce n'est une garde cito-
yenne? Qui devions-nous croire, qui
se preterait plutót aux voeux de paci-
fication, à tous les moyens de con-
ciliation que nous voulions employer ?
Devions-nous attendre que M. l’abbé
Maury nous reprochat comme un
crime d’avoir appelé les gardes na-
tionales ?

J'entends dire auprès de moi que
c'est un crime, si c'est sans nécessité.
Je répondrai que l'insurrection par-
tielle d'Avignon, qui n'avait rien de
commun avec le Comtat, n’a eu lieu
que parce qu'il n’y avait pas de gar-
nison, parce que nous étions sans
force, parce qu'alors beaucoup de gens
qui avaient des intéréts particuliers á
discuter avec les corps administratifs
qui commandaient dans Avignon, des
gens qui ne voyaient pas dans nos
mains les moyens de les tenir à Pordre,
s'abandonnerent á cette effervescence
dont Toulon donnait alors un exem-
ple.

Et qu'on ne croie pas que le nombre
de ces gardes nationales fut tres
grand! Il n’y a jamais eu dans le
Comtat et dans l’état d'Avignon, dans
80 et quelques communes dont la plu-
part sont des grandes villes, il n'y a
jamais eu plus de 1,600 hommes tirés
de 3 départements différents. Ainsi
l’Assemblée verra que nous avons été
trés à l’épargne pour appeler des
gardes nationales, que leur appel a été
le fruit d’un travail et d’un calcul ré-
fléchi qui plagait un corps de 100 à 150
hommes, de manière à protéger 5, 6,
7 et méme 8 communes. Nous avons

251

lish peace among the inhabitants of
the Comtat? Were we not to believe
that they would lend themselves more
readily to the desire for pacification
and to all the means of conciliation
which we would wish to employ?
Were we to expect that M. l’Abbé
Maury would reproach us for having
committed a crime in calling the Na-
tional Guards?

I hear it said near me that it isa
crime if unnecessary. I will reply
that the partial insurrection of Avig-
non, which had nothing in common
with the Comtat, took place only be-
cause there was no garrison, because
we were without forces, and because
a great many people who had par-
ticular interests to discuss with the
administrative body which com-
manded in Avignon, seeing in our
hands no means of keeping them in
order, abandoned themselves to that
exuberance of which Toulon was then
giving the example.

And do not think that the number
of these National Guards was very
great. There never were more than
1600 men, drawn from three differ-
ent departments, in the Comtat and in
the state of Avignon: eighty odd com-
munes, most of which are large cities.
Therefore the Assembly will see that
we were very sparing in our call for
National Guards; that their summons
was the result of labor and a thought-
cut calculation, which placed a body
of one hundred to one hundred and
fifty men in such a manner as to pro-
tect five, six, seven, and even eight

252

donc été tres à l'épargne, et nous
n'avons appelé que ce qu'une néces-

site indispensable nous prescrivait
d'appeler. Et quand les avons-nous
appelées? A l’instant où les crimes

que je vous ai annoncés nous don-
naient la plus vive inquiétude, où
les débris de cette armée qui, selon
l’abbé Maury, devait ramener la paix,
où les débris de cette armée qu'on nous
accuse d’avoir forcée à mettre bas les
armes, s'étaient répartis dans plusieurs
communes et y avaient comploté l’as-
sassinat de leurs frères et de leurs con-
citoyens. Au moyen de l’emploi des
gardes nationales, la paix s’est rétablie
dans le Comtat.

. .. Je prouverai à M. l'abbé

Maury lui-méme, qui sa patrie de Val-
réas, où il vous a dit que 150 gardes
nationaux avaient été envoyés sans
qu’on sache pourquoi, avait demandé
cette troupe, sur la réquisition des of-
ficiers municipaux.

Avant que j'abandonne la question
relative aux gardes nationales il est
important que je vous mette sous les
yeux jusqu'á quel degré, la calomnie
peut empoisonner une bonne action.
On vous a dit, je suis faché de le ré-
péter, que M. Pabbé Mulot a emprunté
3,600 livres á Avignon. Vous con-
naissez, Messieurs, la lenteur avec la-
quelle on paye les gardes nationales
employés dans le Comtat; ils ne re-
coivent point d'argent, ils nous en de-
mandaient; mais la loi qui nous avait
donné le moyen d'appeler les gardes

DOCUMENTS

communes. We were therefore very
sparing and we called only those
which an immediate necessity obliged
us to call. And when did we call
them? At the moment when the
crimes I have spoken of were causing
us the greatest anxiety, when the
remnants of the army, which, accord-
ing to l’Abbé Maury was to establish
peace, when the remnants of this
army, which we were accused of hav-
ing forced to lay down their arms, had
separated and gone into several com-
munes, where they plotted the murder
of their brothers and fellow citizens.
By means of the use of the National
Guards peace was reestablished in the
Comtat.

-..I will prove to M. l’Abbé
Maury himself, that his home town
of Valréas, to which, according to his
statement to you, one hundred and
fifty National Guards had been sent
with no apparent reason, had asked
for these troops on the requisition of
the municipal officers.

Before leaving the subject of the
National Guards it is important that 1
should call to your attention to what
degree calumny can poison a good
action. You have been told, I regret
to be obliged to repeat it, that M.
l’Abbé Mulot borrowed 3,600 livres
from Avignon. You are aware, Gen-
tlemen, of the slowness with which
the National Guards employed in the
Comtat are paid. They had received
no money and asked us for some; but
the law which permitted us to call
the National Guards, did not give us

AVIGNON AND THE VENAISSIN, 1791

nationales, ne nous avait donné aucun
moyen pour les payer; nous emprun-
tàmes sur notre propre responsabilité
jusqu’à 7,200 livres pour payer les
gardes nationales dont les besoins
étaient urgents, dont quelques-uns re-
tournaient dans leur pays, et voila,
Messieurs, la chose dont on nous a
fait un crime! C'est de notre devoue-
ment; c'est de lemploi de nos propres
moyens pour venir au secours des
gardes nationales, qu’on nous fait ici
un chef d’accusation.

Les chefs de l’armée, lorsqu'ils eu-
rent ramené les gardes nationales dans
Avignon, et les 40 pièces de canon
qu’ils en avaient extraites, les chefs
de l'armée imaginèrent peut-être,
comme l’avait jadis fait la Hollande,
dans la Révolution qui donna la liberté
à ce pays, qu’en mettant la désignation
de braves brigands sur eux-mêmes, ils
feraient tomber l'opinion (Murmures
et rires à droite) ; comme en Flandre
jadis des hommes combattant dans la
même disposition, auxquels on avait
donné la désignation de gueux, pour
faire tomber cette désignation à ceux
qui portaient sur leur habit une écuelle.
Avertis que les soldats portaient cette
désignation, nous nous rendimes hors
de la ville, et nous exigeämes de
l’armée de la faire tomber. Il n'en-
tra personne dans la ville, portant
cette désignation; et voilà ce que M.
l'abbé Maury appelle aller compli-
menter l’armée, (Applaudissements
à gauche.)

La désignation de brigands,
j'adopte celle-là parce que la personne

253

the means of paying them; we bor-
rowed on our own responsibility a
sum amounting to 7,200 livres in
order to pay the National Guards
whose need was urgent, as some of
them were returning to their own
country; and this, Gentlemen, is what
has been constituted a crime on our
part! It is of our devotion to duty,
it is of our employing our own means
in order to come to the assistance of
the National Guards, that a cause of
accusation has here been made.

The army chiefs, after bringing
back the National Guards to Avig-
non and the forty cannon which they
had taken away, imagined perhaps,
as Holland did during the revolution
which gave that country its liberty,
that in calling themselves brave brig-
ands, they would put an end to this
opinion, (murmurs and laughter from
the right) as in Flanders of yore,
when men fought for the same ideas,
the designation of beggar was given
in order to put an end to this name
given to those who wore a porringer
on their clothes. Notified that the
soldiers carried this designation, we
went outside of the city, and we de-
manded that they drop it. No one
entered the city wearing this sign;
and that is what M. l’Abbé Maury
calls complimenting the army. (Ap-
plause on the left.)

The designation of brigands, 1
adopt this one because our accuser is

254

qui nous accuse est du parti contraire,
la désignation de brigands devenait
donc pour nous un devoir, une obliga-
tion stricte de chercher, autant qu'il
était en nous, á la faire tomber et em-
pêcher ses mauvais effets qui pouvaient
perpétuer la guerre civile. Les chefs
de l’armée française craignant eux-
mêmes que cette opinion ne se pro-
longeát, nous invitèrent à leur écrire
une lettre qui était une sorte de con-
ciliation entre tous les partis.

C'était à cette époque même, où Pon
venait de commettre des assassinats,
où il restait encore dans Avignon quel-
ques détachements qui n'avaient pas
regagnés leur pays: il était donc im-
portant de precher la paix à Avignon,
de precher à tous l’abandon de ces
désignations de parti; et cette lettre,
dont M. l’abbé Maury vous a cité une
phrase comme un chef d’accusation,
j'aurai l’honneur de la mettre en origi-
nal sous les yeux de l’Assemblée.
Vous jugerez si l’esprit de la média-
tion n'était pas conforme à la mis-
sion, qui la chargeait d'établir la paix
dans le pays, et de prévenir les dissen-
sions civiles. Voici cette lettre:

“La mission dont nous sommes
chargés, Monsieur le Général, est telle-
ment hors les mesures ordinaires aux
troupes de ligne, que nous avons cru
nécessaire de vous faire cette lettre
pour être communiquée à MM. les
officiers de l'armée, afin que tous
concourent au succès de notre négocia-
tion. L’Assemblee nationale et le roi
ont voulu rétablir la paix dans une

DOCUMENTS

of the opposite party, this designa-
tion of brigands made it our duty, a
strict obligation on us, to seek, as far
as it lay in our power, to have it
dropped and to prevent any bad ef-
fects which might perpetuate civil
war. The French army chiefs them-
selves, fearing that this feeling of
hatred would be prolonged, invited
us to write them a letter, which was
a sort of conciliation between all par-
ties. |

This was at a time when several
murders had been committed and
when some detachments which had
not yet returned to their own country
were still in Avignon. It was there-
fore important to preach peace in
Avignon; to preach the abandoning
of all these party designations; and
this letter, of which M. l’Abbé Maury
quoted to you one sentence as cause
of accusation, 1 shall have the honor
of placing in its original form before
the eyes of the Assembly. You will
judge if the spirit of the mediation
was not in conformity with the mis-
sion, which charged them with the es-
tablishment of peace, and the preven-
tion of civil dissensions. This is the
letter :

“ The mission with which we are
charged, General, is so entirely for-
eign to the measures ordinarily
adopted by the troops of the line, that
we have thought it necessary to write
you this letter to be communicated to
the officers of the army, in order that
all may cooperate in the success of
our negotiations. The National As-
sembly and the King have wished to

AVIGNON AND THE VENAISSIN, 1791

contrée oú la nation a laissé ses droits
indécis jusqu’au rétablissement de
cette paix. Il est donc indispensable,
pour obtenir cet effet que les troupes
francaises chargés du maintien de Por-
dre accordent á tous súreté des per-
sonnes et des propriétés, qu'elles évi-
tent avec scrupule aucun acte qui
adopte partialité et prédilection pour
aucun parti. On doit protection à
ceux qu'on appelle émigrants, mais il
faut bien se garder de leur donner à
leur retour l’air du triomphe, puisque
ceux qui sont assez faibles pour aban-
donner la chose publique en danger
n'ont point le droit de reparaitre avec
un orgueil insultant parmi les cito-
yens qui l’ont défendue. Il ne faut
pas non plus que ceux qui ont com-
battu pour leur patrie en abusent pour
vexer ceux qui ont droit à la protec-
tion de la loi; cependant, il ne faut
pas oublier que ceux qui reviennent
de l’armée de Monteux sont des cito-
yens qui ont tout sacrifié à la liberté,
et qui méritent l’estime et la considéra-
tion. (Exclamations à droite.)

“On doit surtout éviter les désig-
nations de parti toujours odieuses,
mais moins pardonnables encore,
quand elles tombent sur ceux qui ont
eu le courage de verser leur sang pour
maintenir leur liberté. Protection a
tous, conduite égale envers tous, et
aucune distinction de personnes; telles
sont les mesures exigées par la média-
tion des officiers et soldats frangais,

255

establish peace in a country in which
the nation has left her rights unde-
termined until the reestablishment of
such peace. It is therefore indis-
pensable, in order to obtain this re-
sult, that the French troops charged
with the maintenance of order, should
grant to all assurance of the safety of
person and of property, that they
should scrupulously avoid any act
which might show partiality or favor-
itism towards any one party. Protec-
tion is due to those who are called
emigrants, but care must be taken
that their return be not given the sem-
blance of triumph, for those who are
weak enough to abandon the public
cause in the moment of danger have
no right to reappear with insulting
pride among the citizens who de-
fended it. It is not right, either, that
those who fought for their country
should abuse this privilege by molest-
ing those who are entitled to the pro-
tection of the law; however, it must
not be forgotten that those who re-
turn from the army of Monteux are
citizens who have sacrificed every-
thing to liberty, and who deserve es-
teem and consideration. (Exclama-
tions from the Right.)

“ One should above all avoid party
designations, always odious, but less
pardonable when applied to those
who had the courage to shed their
blood in the defence of their liberty.
Protection to all, equal treatment to
all, without distinction of persons;
these are the measures exacted by
the mediation of French officers and
soldiers, besides those ordered by law,

256

outre celles que la loi commande et
qui sont la responsabilité individuelle
de tous les officiers employés dans
Avignon et le Comtat. Nous connais-
sons en général votre patriotisme, et
celui des troupes de ligne; nous ne
doutons point de l’empressement à
remplir nos vues ; mais il était de notre
devoir de dissiper les troubles répan-
dus par les préjugés des deux partis,
et qui pourraient les induire en er-
reur.”

Voilá la lettre qui forma un chef
d'accusation! (Applaudissements è
gauche.) |

M. l’abbé Maury nous a reproché la
phrase où nous disions que ceux qui
s'étaient battus pour leur liberté méri-
taient estime et considération. Mais
quelle était notre position? D’un
côté une armée qui avait laissé après
elle toutes les traces de la guerre
civile; de l’autre côté un parti qui as-
sassinait de la manière la plus atroce
ceux qui rentraient dans leurs foyers.
Je vous le demande, ne devions-nous
pas nous jeter au milieu de ces hom-
mes tous criminels, et leur commander
de ne plus employer des désignations
qui ne nous promettaient que de nou-
veaux crimes, de nouveaux assassi-
nats?

Le chef d'accusation qui porte sur
l'Assemblée électorale, et son admis-
sion au traité de paix, je n'y répon-
drai pas. La loi du 4 juillet me le dé-
fend, car il ne m'est pas permis de
commenter vos lois. (Applaudisse-
ments dans les tribunes.)

M. l’abbé Maury a prétendu que la

DOCUMENTS

and which are the personal responsi-
bility of all the officers employed in
Avignon and the Comtat. We are
aware in general of your patriotism,
and of that of the troops of the line;
we do not doubt your eagerness to
carry out our views; but it is our duty
to dissipate the disturbances spread
by the prejudices of both parties,
which might have led them into
error.”

This is the letter which formed a
basis of accusation! (Applause from
the Left.)

M. l’Abbé Maury has reproached
us with the sentence in which we said
that those who had fought for their
liberty deserved esteem and consider-
ation. But what was our position?
On one side an army which had left
behind it all the marks of civil war;
on the other a party which murdered
in the most atrocious manner those
who returned to their homes. I ask
you, was it not our duty to throw our-
selves into the midst of these men, all
criminal, and to command them to
refrain from using designations
which could only cause more crimes,
fresh murders?

- The accusation relative to the
Electoral Assembly and its admis-
sion to the treaty of peace, I will not
answer. The law of July 4 forbids
it, for I am not permitted to comment
on your laws. (Applause in the gal-
lerses. )

M. l'Abbé Maury has claimed that

AVIGNON AND THE VENAISSIN, 1791

médiation avait autorisé l’Assemblée
électorale à lever des impôts; il a pré-
tendu qu’elle avait autorisé cette meme
assemblée à s'emparer des biens ecclé-
siastiques. L’Assemblee électorale n’a
pas, à ma connaissance, reçu aucune
réclamation, pour avoir levé des im-
pots ; elle n’a point, à ma connaissance,
séquestré ou fait aucune espèce d'actes
envers les biens ecclésiastiques.

Il est bien vrai que l’Assemblée re-
présentative d’un peuple qui avait dé-
claré son indépendence depuis près
d'un an, que cette Assemblée représen-
tative, en vertu des premiers actes de
laquelle les peuples avaient cessé de
payer les dimes et s'étaient conformés
en tout aux décrets de l’Assemblée na-
tionale, que cette Assemblée, dis-je,
avait séquestré beaucoup de biens ec-
clésiastiques, si ce n’est même la to-
talité. Je crois que tout était séques-
tré à l'arrivée de la médiation. . .

Je vous ai démontré que les alléga-
tions au sujet des troubles du Comtat
n'étaient point vraies. Je vous prou-
verai, de la manière la plus convain-
cante, que les émigrants sont restés
dans le Comtat; qu'il y avait à Orange
plusieurs familles du Comtat que des
terreurs, peut-étre exagérés, peut-étre
réelles, avaient forcé de s'expatrier,
je les ai fait rentrer dans le Comtat.
Il est un des membres de cette Assem-
blée, qui tient à ces familles, et qui
peut dire qu'elles sont rentrées et de-
meurent tranquillement, paisiblement
dans Malaucene.

257

the mediation authorized the Elec-
toral Assembly to levy taxès; he has
claimed that it authorized this same
assembly to seize all ecclesiastical
goods. The Electoral Assembly has
not, to my knowledge, received any
complaint for having levied taxes;
it has not, to my knowledge, seques-
trated or committed any act to the
prejudice of ecclesiastical property.

It is very true that the representa-
tive assembly of a people who had
declared their independence nearly a
year before, that this representative
assembly, in virtue of the first acts by
which the people had ceased to pay
tithes and had conformed in every-
thing to the decrees of the National
Assembly, that this assembly, 1 say,
had sequestrated a good deal if not
all ecclesiastical property. I believe
everything was sequestrated at the
time of the arrival of the media-
tion. . . .

I have demonstrated to you that
the allegations concerning the dis-
turbances in the Comtat were not
true. I will prove to you, in the most
convincing manner, that all the emi-
grants remained in the Comtat; that
there were in Orange several families
of the Comtat, whom terrors, per-
haps imagined, perhaps real, had
forced to expatriate themselves. I
made them return to the Comtat.
There is a member of this Assembly,
who is connected with these families,
and who can state that they returned
and are living quietly and peacefully
at Malaucéne.

258

Il n’est donc pas vrai qu'il y ait des
troubles dans le Comtat; il n'est donc
pas vrai que les émigrants n'y aient
pas joui de la liberté. Il est arrivé
précisément le contraire, c'est que les
émigrants, rentrés en grande force, ont
maltraité, chassé, notamment à Malau-
céne, ceux que l'on appelait patriotes.
C'est au milieu de cette paix que les
communes se sont assemblées pour dé-
libérer sur leur sort politique. Déjà
ces délibérations avaient eu lieu au 2
février de cette année. On avait mis
sous vos yeux l'émission de ces vœux ;
on avait allégué, comme aujourd'hui,
que la liberté n'y n'avait pas présidé, et
ces vœux avaient été rejetés. Quel
était l’objet principal de tous ceux quí
contractaient avec nous á Orange?
C'était d'obtenir les moyens de rétablir
l'ordre dans leur pays, dans un pays
qui avait déclaré son indépendence,
qui avait adopté la Constitution fran-
caise; un pays qui avait déjà mis en
vigueur un grand nombre de vos dé-
crets, et surtout l’organisation munici-
pale qui existe dans toutes les villes,
mème à Valréas.

Ainsi donc, ce peuple n'apercevait
de terme à son anarchie, de fin à ses
malheurs, que dans la prononciation
de la décision de ses droits politiques.
Il en était si convaincu que, dans les
préliminaires de paix, il exigea qu'un
article porterait qu’on s'occuperait du
sort politique du pays à l'instant
même. Ainsi donc, on s’est occupé,
non pas à l'instant même, parce que
les troubles de Caromb, parce que les
assassinats exigeant qu'on rétablit la
tranquillité, que l’on pút voter à l’om-

DOCUMENTS

It is therefore not true that there
are disturbances in the Comtat; it is
therefore not true that the emigrants
were not granted liberty. Precisely
the contrary took place, for, the emi-
grants, returning in great force, mal-
treated and drove out those who were
called patriots, notably at Malaucéne.
It is in the midst of this peace that
the communes assembled to deliberate
on their political state. These de-
liberations had already taken place
cn February 2 of this year. The
votes cast were placed before you;
it was alleged, as to-day, that the vote
was not free, and the votes were re-
jected. What was the principle ob-
ject of all those who were contract-
ing with us at Orange? It was to
obtain the means of reestablishing
order in their country, in a country
which had declared its independence,
which had adopted the French con-
stitution; a country which had already
put into effect a great number of your
decrees, especially the municipal or-
ganization which exists in all the
cities, even at Valréas.

Therefore, this people could not see
any termination to its anarchy, any
end to its misfortune, except in the
pronouncement of the decision on its
political rights. It was so convinced
of this, that in the Preliminaries of
Peace, it demanded that one article
should provide that the consideration
of the political fate of the country
should be taken up at once. The
matter was taken up, but not imme-
diately, because the disturbances at
Caromb, and the murders, demand-

AVIGNON AND THE VENAISSIN, 1791

bre de la súreté personnelle, forcérent
l'Assemblée électorale à demander
l'émission de ce vœu un peu plus tard.
L'émission de ce vœu s'est faite dans
la plus grande tranquillité ; et en vain
on voudrait vous rappeler ici l'insur-
rection d'Avignon, qui n’a eu lieu que
6 semaines après l'émission de ces
vœux.

L’insurrection d'Avignon, il est bon
de le répéter, est une insurrection par-
tielle qui est arrivée dans une ville, à
raison d’une rivalité entre deux partis
qui cherchaient à dominer mutuelle-
ment. Cette insurrection n'avait au-
cun rapport avec le Comtat, n'a pas
même effleuré la tranquillité de Mo-
rières et des petites communes qui ap-
partiennent à l'Etat d'Avignon et qui
l'entourent; cette insurrection n’a eu
aucune espèce d'effet sur les vœux
qui vous ont été présentés, puisqu'elle
était postérieure de 6 semaines à
l'émission de ces vœux; cette insur-
rection ne peut pas être à la charge des
médiateurs.

Nous avons, dit M. l'abbé Maury,
fait rentrer les brigands dans leurs
foyers. Mais je demande à M. l’abbé
Maury comment les citoyens ne de-
vaient pas rentrer dans leurs habita-
tions, comment les gardes ne devaient
pas retourner chez leurs femmes, ne
pouvaient pas retourner dans une ville
dont ils sont citoyens, dont ils sont la
population? Ils sont entrés dans
Avignon, parce qu’Avignon était leur
demeure, leur domicile, leur posses-
sion. Il était impossible, je crois, à
la médiation, de chasser la population

259

ing that quiet be restored in order to
be able to vote under the assurance of
personal safety, forced the Electoral
Assembly to ask for the casting of
this vote a little later. The casting
of this vote took place in the greatest
quiet; and it is vain to try to remind
you here of the insurrection at Avig-
non, which only took place six weeks
after these votes had been cast.

The insurrection of Avignon, it is
well to repeat, was a partial insur-
rection, which took place in a city,
and was caused by the rivalry be-
tween two parties who mutually
sought to dominate. This insurrec-
tion had no connection with the Com-
tat, did not even ruffle the tranquillity
of Morières and of the small com-
munes which belong to the State of
Avignon and which surround it; this
insurrection had no effect whatever
on the votes which were presented to
you, as it took place six weeks after
the casting of these votes. The
mediators can not be charged with
this insurrection.

According to M. l’Abbe Maury,
we made the brigands return to their
homes. But I ask M. l’Abbé Maury
why should the citizens not return to
their habitations, why should the
guards not return to their wives, why
should they not return to a city of
which they were the citizens, of which
they formed the population? They
entered Avignon because Avignon
was their home, their domicile, their
possession. It was impossible to the
mediation, I think, to drive out the
population of Avignon in order to

260
d'Avignon pour plaire au Haut-Com-
tat. (Applaudissements à gauche.)

On a articulé que, lors de l’emis-
sion du vœu d'Avignon, on avait
ouvert des tombeaux dans une église.
Le fait est absolument faux. Lors de
l'émission du vœu d'Avignon, il n'y
a eu ni tombeaux ouverts, ni querelles,
ni diffamations. La gazette de Ville-
neuve-lès-Avignon, cette gazette qui
est payée par le parti de contre-révolu-
tionnaires qui s’y sont réfugiés, cette
gazette qui a fourni á M. Maury la
plupart des faits qu'il a articulés,
parce qu'en effet ils y sont consignés
depuis 3 semaines, cette gazette, dis-je,
a transporté, á cette époque, une anec-
dote qui est arrivée lorsque la garde
nationale d'Avignon, Ó semaines au-
paravant formait son état-major dans
une église appelée des Carmes, si je ne
me trompe. Une rivalité d'entrée dans
l'état-major avait occasioné quelques
rixes. On a prétendu que quelqu'un
avait remué une tombe; nous en avons
été avertis, et à l’instant nous avons
fait annuler les délibérations: nous
avons dénoncé le fait à la municipalité,
et Passemblée qui avait été tenue a été
recommencée ; voilà le fait qu’on dé-
nature et que je certifie comme véri-
table, pour en avoir pris moi-méme la
connaissance la plus exacte, et je défie
M. Maury de dire le contraire.

Je dénie encore de la maniere la plus
formelle le fait également pris dans la
gazette de Villeneuve-les-A vignon,
que, lorsque j'ai été dans cet endroit,

DOCUMENTS

please the Haut-Comtat.
on the Left.)

It has been said that at the time of
the casting of the vote at Avignon,
the tombs were opened in one of the
churches. This is absolutely false.
At the time of the casting of the vote
at Avignon there were no tombs
opened, no quarrels and no desecra-
tions. The gazette of Villeneuve-
lès-Avignon, the gazette which is
paid by the party of anti-revolution-
aries who took refuge there, this
gazette which furnished M. Maury
with most of the facts he set forth,
because, for a fact, they have been
published in it for three weeks past,
this gazette, 1 say, published at this
time an anecdote of an occurrence
which took place six weeks before
when the National Guard of Avignon
established its staff office in a church
called the Carmelites, if I am not mis-
taken. A rivalry for position on the
staff occasioned some altercations.
It was claimed that some one moved a
tomb; we were notified, we immedi-
ately annulled the deliberations; we
denounced the fact to the Municipal-
ity, and the assembly which was being
held was begun again; this is the fact
which was distorted, but which I cer-
tify as being true, for I personally
looked into the matter very carefully
and I defy M. Maury to contradict
me.

I deny also, in the most formal
manner, the fact likewise taken up by
the gazette of Villeneuve-lès-Avignon,
that when I was at that place I was

(Applause

AVIGNON AND THE VENAISSIN, 1791

j'aie été assez en démence pour me per-
mettre de dire á aucun homme que les
émigrants pouvaient revenir a Avig-
non, á condition qu'ils ne voteraient
pas pour le pape. J'espére qu'on
n'imaginerait pas un homme choisi
pour Fexécution de la loi assez fou
pour tenir un pareil langage.

Le fait est que je passai à Ville-
neuve-lès-Avignon par curiosité; que
lá je trouvai 3 ou 400 émigrants que
la curiosité attirait sur le rivage. . . .
Je leur avais dit: Retournez à Avig-
non; vous y jouirez comme les ha-
bitants de la garantie promise par la
loi et de la protection de la médiation ;
mais si vous voulez y retourner pour
y exciter du trouble, gardez-vous bien
de le faire, car nous ne le permettons
à aucun parti. (Applaudissements.)

J'ai été à Bolem, et là il est bien
étonnant que M. l’abbé Maury pré-
tende que j'aie pu y avoir quelque in-
fluence sur le vœu du peuple. Il
était émis il y a 17 jours; on me pré-
sente ce vœu; on me présente la dé-
libération de la commune. Je dis à
la municipalité qu’elle avait fort bien

fait, mais en lisant le procès-verbal,

j y trouvais une protestation qui sup-
posait que l’on pouvait employer la
force pour le faire changer.

J'observai à la municipalité que, si
elle avait eu le droit démettre son
vœu, il était peut-être peu décent
d'avoir exprimé qu'on avait eu le

261

ever so demented as to say to any one
that the emigrants could return to
Avignon on condition that they did
not vote for the Pope. I hope that
no one will imagine that a man chosen
to execute the law could be mad
enough to be guilty of such language.

The fact is that I was pass-
ing through Villeneuve-lès-Avignon
through curiosity ; that there I found
three or four hundred emigrants
whom curiosity had drawn to the
banks of the river. ... I said to
them: “ Return to Avignon; like the
inhabitants you will possess the guar-
antee promised by law and the protec-
tion of the mediation ; but if you wish
to return in order to stir up trouble,
take care not to do it, for we will
not permit that to any party.” (Ap-
plause.)

I have been to Bolem, and it is very
surprising that M. l’Abbé Maury
should claim that I could in any way
influence the vote of the people. It
had been cast seventeen days before;
the vote was presented to me; they
presented me the deliberation of the
commune. 1 told the Municipality
that they had done very well, but on
reading the formal minute, I found
in it a declaration which suggested
that force could be used in order to
change it.

I observed to the Municipality, that
if it had the right to cast its vote, it
was perhaps scarcely decent to have
expressed a suspicion that the media-

262

soupcon que la médiation pouvait la
forcer a changer son opinion; je lui
dis que je croyais cela peu nécessaire,
que cet article n’était pas agréable à
la médiation qui montrait une impar-
tialité aussi décidée, une protection et
une garantie aussi fortes. Les armes
de France étaient sur les portes de
Bolem; je dis à la municipalité que,
quand les gardes nationales qu'ils
avaient appelées, pour leur súreté,
seraient retirées, il était possible que
les armes de France fussent, par quel-
que circonstance, insultées; que je
croyais qu'il était plus sage et mieux
de les ôter.

Un dernier chef est d'avoir réinté-
gré M. Raphel, juge d'Avignon. M.
Raphel a été nommé juge d'Avignon
par la commune. Dans le temps des
troubles, la commune chargea la mu-

nicipalité de choisir un autre juge.

M. Raphel, revenu après une absence
de 2 mois, demanda à rentrer dans ses
fonctions, qu'il n'avait jamais cessé
d'exercer, en vertu de sa nomination
et en vertu de la loi, qui veut qu'un
juge ne puisse étre destitué que par
un jugement. M. Raphel s'adressa à
nous, et nous à la municipalité. Nous
nous trouvions chargés envers M. Ra-
phel d’une sorte de responsabilité,
puisque nous étions les garants de la
propriéte des personnes. La munici-
palité rétablit M. Raphel, et alors
comme nous seuls avions sur les es-
prits une préponderance d'opinion,
qui prévenait les troubles, nous dé-
clarames qu’en vertu du rétablisse-
ment de M. Raphel, la force publique
preterait assistance à ses jugements,

DOCUMENTS

tion could force it to change its opin-
ion; I said that I thought this hardly
necessary, that this article was not
pleasing to the mediation, which
showed decided impartiality, and a
protection and guarantee equally
strong. The arms of France were
over the gates of Bolem; I told the
Municipality that when the National
Guards, which they had summoned
for their safety, were withdrawn, it
was possible that the arms of France
might meet with some insult and that
I thought it wiser and better to take
them down.

One more accusation is the rein-
statement of M. Raphel, Judge of
Avignon. M. Raphel was nominated
as Judge of Avignon by the commune.
During the time of the disturbances,
the commune directed the Municipal-
ity to choose another judge. M.
Raphel on his return after an absence
of two months asked to be permitted
to take up his duties, which he had
never ceased to perform, by virtue of
his nomination and by virtue of the
law, which directs that a judge can
only be removed from office by a
judgment against him. M. Raphel
turned to us, and we turned to the
Municipality. We found ourselves
charged with a sort of responsibility
towards M. Raphel, as we were guar-
antors of the safety of persons. The
Municipality reinstated M. Raphel,
and then, as we alone had the pre-
ponderance of opinion over the minds
of the people, and foresaw disturb-
ances, we declared that by virtue of

AVIGNON AND THE VENAJSSIN, 1791

et je crois que nous étions dans les
termes précis de la loi.

D'apres le compte que je viens de
vous rendre, Messieurs, vous avez vu
que la médiation a fait cesser toutes
les hostilités entre les peuples d’Avig-
non et du Comtat; vous avez vu qu'elle
a rétabli partout la paix, qu'elle a fait
rentrer dans les communes du Comtat
les émigrants que les troubles, les
craintes ou les vexations en avaient
bannis. Elle a donc rempli littérale-
ment le but que l’Assemblée nationale
s'était proposé dans son décret du 25
mai. Conformément aux prélimi-
naires de paix les communes se sont
expliquées au sein de la tranquillité et
de la paix. L'Assemblée électorale a
recueilli leurs vœux, et les a déposés
devant vous. La médiation a donc
rempli encore le but de la loi du 4
juillet, dont l'exécution lui était con-
fice.

Une inculpation porte particuliére-
ment sur M. Verninac, mon collègue.
Il va, si l’Assemblée le permet, y

263

the reinstatement of M. Raphel, the
public forces would lend assistance to
his judgments, and I believe that we
acted according to the exact terms of
the law.

According to the report I have
rendered you, Gentlemen, you have
seen that the mediation has caused the
cessation of all hostilities between the
people of Avignon and the Comtat;
you have seen that it established peace
everywhere, that it caused to return to
the communes of the Comtat the emi-
grants, whom disturbances, fear and
molestations had banished. It there-
fore accomplished literally the aim
which the National Assembly had
proposed in its decree of May 25.
Conformably to the Preliminaries of
Peace, the communes made their dec-
larations in the midst of tranquillity
and peace. The Electoral Assembly
received their votes, and placed them
before you. The mediation has
therefore accomplished the object of
the law of July 4, the execution of
which had been confided to it.

One accusation deals particularly
with M. Verninac, my colleague.
With the permission of the Assembly,
he will reply for himself. (Ap-
plause.)

Reply of Verninac Saint-Maur

répondre lui-même. (Applaudisse-
ments.)
Parmi la foule des assertions

énoncées hier par M. l’abbé Maury,
avec une merveilleuse assurance et
que j'appellerai du nom bien mitigé

Among the number of assertions
made here yesterday by M. l’Abbé
Maury, with a marvellous assurance
and what I will call by the much

264

d'inexactitudes, parce que je veux
donner à l’Assemblée une haute
preuve de mon profond respect, il
en est une qui n'est pas dénuée de
vérité. M. l'abbé Maury a dit que
j'avais accepté la présidence des Amis
de la Constitution française à Avig-
non. Je le confesse, Messieurs, et s’il
est vrai que cette condescendance de
ma part ait contrarié mon caractère,
si cette condescendance est un tort, je
m'empresse de faire la part de la mal-
veillance, en m'en avouant coupable.
Ce tort, si c'en est un, n'est cependant
pas inatténuable; . .

Je commencerai par vous instruire
d'un fait essentiel: c'est que la Con-
stitution francaise, c'est que vos dé-
crets régissent depuis longtemps les
deux Etats d'Avignon et du Comtat
Venaissin. ‘Tout ce que l’anarchie a
pu permettre d'y former d'établisse-
ments politiques, est organisé suivant
vos lois; et si M. l’abbé Maury m’ac-
cusait d'inexactitude, j'en appellerai à
lui-même. Il vous a dit hier, Mes-
sieurs, que la municipalité de Bolem
était allée en écharpe au-devant de
mon collègue. Oui, Messieurs, c'est
une vérité de fait que les deux Etats
d'Avignon et du Comtat se gouver-
nent par les lois que vous avez faites;
et il n’est cependant la patrie de M.
l’abbé Maury, qui n'ait une administra-
tion municipale, institué suivant vos
décrets.

. +. + Messieurs, n’eüt-il pas été sur-
prenant qu'il y eùt eu dans Avignon

DOCUMENTS

mitigated name of inaccuracies, be-
cause 1 wish to give to the Assembly
a high proof of my profound re-
spect, there is one which is not de-
nuded of truth. M. l’Abbé Maury
said that I had accepted the presi-
dency of the “ Friends of the French
Constitution of Avignon.” 1 con-
fess it, gentlemen, and if it is true
that this condescension on my part is
contrary to my character, and if this
condescension is wrong, then I hasten
to yield to malevolence in acknowl-
edging my guilt. This wrong, if it
is one, is however not without exten-
uating circumstances; .

I will begin by explaining to you
one essential fact: which is that the
French constitution and your decrees
have ruled for a long time over the
two States of Avignon and the Com-
tat Venaissin. All that anarchy
could permit in the forming of polit-
ical establishments are organized ac-
cording to your laws; and if M.
l’Abbé Maury accuses me of inac-
curacy, I will appeal to himself. He
told you yesterday, Gentlemen, that
the Municipality of Bolem, wearing
their scarves, had gone to meet my
colleague. Yes, Gentlemen, it is a
veritable fact that the two States of
Avignon and of the Comtat are gov-
erned by laws which you have made,
and even the home of M. l'Abbé
Maury has a municipal administra-
tion, instituted according to your de-
crees.

. . + Gentlemen, would it not have
been surprising, that in Avignon there

AVIGNON AND THE VENAISSIN, 1791

une société vouée au sacerdoce des lois
francaises, et que des Frangais eussent
dédaigné d'y paraitre.

Par une suite de troubles qui a-
vaient tourmenté la ville d'Avignon, et
durant que l’armée était en campagne,
la Société des Amis de la Constitution
avait rayé de ses registres plusieurs de
ses sociétaires. Au retour de l’armée
apres le licenciement, ces sociétaires
demanderent á étre réintégrés; et nul
ne paraissant pour soutenir les incul-
pations qui avaient été faites, on les
biffa sur les registres, et Pon y rétablit
les noms qui en avaient été effacés.

Mais le rapprochement des esprits
n’ayant pu s'opérer comme celui des
personnes, et la société étant devenue
très tumultuaire, les deux partis pen-
serent que le moyen d’y rétablir le bon
ordre, et de fondre ensemble les dif-
férentes passions, était de nommer á
la présidence une personne qui, par le
respect dú a son caractére, imposat
silence aux ressentiments divers, les
accoutumat ainsi à se voir de près, et
achevat insensiblement l’ceuvre de la
réconciliation.

Ce fut dans ces circonstances que je
fus invité à présider la Société des
Amis de la Constitution dans Avig-
non; ce fut dans des vues de paix que
j’acceptai cette place, . . .

265

should be a society devoted to the cult
of the French laws, and that French-
men had disdained to be present? |

In consequence of the disturbances
which had tormented the City of
Avignon and while the army was in
the field, the Society of the Friends
of the Constitution had erased from
its register several of its members.
On the return of the army after its
disbanding, these members asked to
be reinstated, and no one appearing to
sustain the charges which had been
preferred, the records were cancelled,
and the names which had been erased
were restored.

But minds not having been able to
come together as did the individuals,
and the society having become very
tumultuous, the two parties thought
that the best means of restoring order
and of harmonizing the contending
factions would be to nominate for the
presidency a person who, by the re-
spect due his position, could impose
silence on the various factions, could
accustom them to get into contact, and
imperceptibly to effect a reconcilia-
tion.

It was under these conditions that
I was invited to preside over the So-
ciety of the Constitution at Avignon;
it was in the interest of peace that I
accepted the position, . . .

266

DOCUMENTS

Decree of the National Convention Uniting Avignon and the Comtat Venaissin

to France.

L'Assemblée nationale, aprés avoir
entendu le rapport de ses comités dip-
lomatiques et d'Avignon;

Considérant que, conformément aux
préliminaires de paix arretes et signés
a Orange le 15 juin de cette année,
par les députés de l’assemblée élec-
torale des deux états réunis, des mu-
nicipalités d’Avignon et de Carpen-
tras, et de l’armée de Vaucluse, en
présence et sous la garantie provisoire
des médiateurs de la France envoyés
par le Roi, garantie que l’Assemblée
nationale a confirmée par son décret
du 4 juillet dernier, les communes des
deux états réunis d'Avignon et Com-
tat Venaissin se sont formées en as-
semblées primaires, pour délibérer sur
l’état politique de leur pays;

Considérant que la majorité des
communes et des citoyens a émis libre-
ment et solennellement son vœu pour
la réunion d’Avignon et du Comtat
Venaissin à l’Empire francais;

Considérant que, par un décret du
25 mai dernier, les droits de la France
sur Avignon et le Comtat Venaissin
ont été formellement réservés;

L’Assemblée nationale déclare qu’en
vertu des droits de la France sur les
états réunis d' Avignon et du Comtat
Venaissin, et que, conformément au

1 Duvergier, Collections, vol. 3, p. 267.

September 14, 1791 *

The National Assembly, having
heard the report of its Diplomatic
Committee and its Committee on
Avignon;

Considering that, according to the
Preliminaries oí Peace agreed on and
signed at Orange on June 15 of this
year, by the deputies of the joint Elec-
toral Assembly of the two States, of
the Municipalities of Avignon and of
Carpentras and of the army of Vau-
cluse, in the presence and under the
provisional guarantee of the Mediai
tors of France sent by the King, a
guarantee which the National Assem-
bly has confirmed by its decree of
July 4 last, the communes of the two
united States of Avignon and the
Comtat Venaissin have formed them-
selves into primary assemblies, for the
purpose of deliberating regarding the
political status of their country;

Considering that the majority of
the communes and of the citizens has
freely and solemnly expressed its de-
sire for the union of Avignon and the
Comtat Venaissin with the French
Empire ;

Considering that, by a decree of
May 25 last, the rights of France over
Avignon and the Comtat Venaissin
have been formally reserved ;

The National Assembly declares
that by virtue of the rights of France
over the united States of Avignon
and the Comtat Venaissin, and in ac-

AVIGNON AND THE VENAISSIN, 1791

voeu librement et solennellement émis
par la majorité des communes et des
citoyens de ces deux pays pour étre
incorporés à la France, lesdits deux
états réunis d'Avignon et du Comtat
Venaissin font, des ce moment, partie
intégrante de l’Empire francais;

L’ Assemblée nationale décrète que
le Roi sera prié de nommer des com-
missaires qui se rendront incessament
à Avignon et dans le Comtat Venais-
sin, pour faciliter l’incorporation de
ces deux pays à l'Empire francais;

L’Assemblée nationale décrete que,
des ce moment, toutes voies de fait,
tous actes d’hostilités, sont expressé-
ment défendus aux différens partis qui
peuvent exister dans ces deux pays.
Les commissaires envoyés par le Roi
veilleront à l'exécution la plus exacte
des lois; ils pourront requérir, avec
les formes accoutumées, les troupes
de ligne et gardes nationales, pour le
rétablissement et le maintien de Por-
dre public et de la paix.

L’Assemblee nationale décrète que
le Roi sera prié de faire ouvrir des
négociations avec la cour de Rome,
pour traiter des indemnités et dédom-
magements qui pourraient lui étre lé-
sitimement dus.

L’Assemblée nationale charge ses
comités de constitution, diplomatique
et d'Avignon, de lui présenter inces-
samment un projet de décret sur l’étab-
lissement provisoire des autorités
civiles, judiciaires et administratives

267

cordance with the vote freely and
solemnly expressed by the majority
of the communes and of the citizens
of these two countries for incorpora-
tion with France, the said United
States of Avignon and the Comtat
Venaissin form, from this time on,
an integral part of the French Em-
pire;

The National Assembly decrees
that the King shall be requested to
name commissioners who shall re-
pair to Avignon and the Comtat Ven-
aissin, without delay, in order to
facilitate the incorporation of these
two countries in the French Empire;

The National Assembly decrees
that, from this time on, all acts of
violence and all hostile acts are ex-
pressly forbidden to the different
parties which may exist in these two
countries. The commissioners sent
by the King shall see to the careful
execution of the laws; they may, by
means of the accustomed forms, call
for the aid of the troops of the line
and the National Guard, in order to
restore and maintain public order and
peace.

The National Assembly decrees
that the King shall be requested to
open negotiations with the Court of
Rome concerning such indemnities
and damages as may be legitimately
due it.

The National Assembly charges its
Committees on the Constitution and
on Avignon, and its Diplomatic Com-
mittee, to present at once a-draft de-
cree for the provisional setting up of
civil, judicial and administrative au-

268 DOCUMENTS

qui régiront les deux pays réunis
d'Avignon et du Comtat Venaissin,
jusqu’à leur organisation définitive.

thorities, which shall exercise power
in the two united countries of Avig-
non and the Comtat Venaissin, until
the time of their final organization.

SAVOY AND NICE, 1792-3

Proclamation of General Montesquiou to the People of Savoy. September
21, 17921

Au camp de Barraux,
le 21 septembre.

Au nom de la nation frangaise,
liberté, égalité.

Le général de l’armée française,
obéissant à la volonté souveraine de
la nation, chargé par elle de venger les
injures que Île roi de Sardaigne, au
mépris des traités, a faites à la France
dans la personne de ses ambassadeurs,
et les mauvais traitements qu'il a per-
mis que des citoyens français éprou-
vassent dans ses Etats, veut faire con-
naître à l’Europe, et particulièrement
aux peuples de la domination sarde, les
justes motifs qui ont déterminé la na-
tion française à agir envers le roi
comme envers un violateur de la foi
publique et du droit des gens.

Séparez-vous de vos tyrans; ce sont
eux seuls que nous venons combattre.
La chaumière du pauvre sera l’asile de
la paix, nous y verserons des consola-
tions. L’armee française ne vient
point dévaster vos campagnes. Ce
que ses besoins exigeront, le général
vous le demandera avec confiance; ce
sera toujours l'argent à la main qu'il
recevra votre secours. En respectant

1 Arch. parl., 1st series, vol. 52, p. 295.

In the Field at Barraux,
September 21.

In the name of the French nation,
Liberty, Equality.

The General in command of the
French army, in obedience to the sov-
ereign will of the nation, charged by
it with the avenging of the injuries
which the King of Sardinia, in despite
of treaties, has done to France in the
person of her Ambassador, and the
evil treatment which he has allowed
the French citizens to suffer in his
States, desires to acquaint Europe, and
particularly the peoples under Sar-
dinian domination, with the just rea-
sons which have determined the
French nation to take action against
the King as against a violator of pub-
lic faith and of international law.

Separate from your tyrants; it is
they alone we are come to battle with.
The poor man's cottage shall be the
refuge of peace, we shall there pour
forth consolation. The French army
does not come to lay waste your fields.
What our needs require the General
will ask for confidently; he will ever
receive your aid with money in hand.
As for your persons, your homes,

269

270

vos personnes, vos demeures, vos pro-
priétés, en vous offrant son amitié, le
peuple francais veut vous faire par-
tager avec lui le bien le plus cher à
l’homme, celui dont l’espoir ou le désir
ne meurt jamais, même dans le cœur
de l’esclave, la liberté. Puissiez-vous
en jouir sans sa protection! Ce sera
le succès le plus glorieux pour nos
armées. |
Signé: Le général.
MONTESQUIOU.

DOCUMENTS

your property, in offering you its
friendship the French people wish
you to share with it the blessing dear-
est to mankind, Liberty, for which
hope and longing never die, even in
the heart of the slave. May you en-
joy this without its protection! That
would form the most glorious success
of our armies.

(Signed), General in Command,
MONTESQUIOU.

Letter of General Montesquiou to the Minister of War, and Discussion Re-

garding it in the French National Convention.

Chambéry, le 25 septembre, l'an IV”
de la liberté et le Ide Pégalité.
J'avais eu l'honneur de vous man-

der, Monsieur, que ma première lettre

serait datée de Chambéry; vous voyez
que je vous tiens parole. Tout a fui
depuis les bords du lac de Genève jus-
qu'à ceux de l'Isère; et des députa-
tions de toutes les villes de Savoie
m'arrivent successivement pour ren-
dre hommage à la nation française, et
pour implorer sa protection. La fuite
n'a été que trop rapide, puisqu'il m'est
impossible d'atteindre les ennemis;
mais, si je n’ai qu'un faible espoir de
les faire prisonniers, j'en suis de-
dommagé par des captures plus utiles
que je dois à la précipitation de leur
fuite. Je joins ici un état succinct

des provisions, des munitions, etc. . . .
La marche de mon armée est un

triomphe; le peuple des campagnes,

1 Arch. parl., 1st series, vol. 52, p. 188.

September 28, 1792 *

Chambéry, September 25, Year IV
of Liberty and I of Equality.

I have had the honor of informing
you, Sir, that my first letter would be
dated from Chambéry; you see that
I keep my word. All have fled, from
the borders of Lake Geneva to those
of the Isère; and deputations from all
the towns of Savoy are arriving in
turn before me, to do homage to the
French nation, and to implore its pro-
tection. The flight has been only too
rapid, since it is impossible for me
to reach the enemy; but if I have only
a slight hope of taking them prisoner,
I am compensated by more useful cap-
tures which I owe to the precipitation
of their flight. I give here a detailed
statement of the provisions, muni-
tions, etc. . . .

My army marches in triumph; the
country people and those of the towns

SAVOY AND

celui des villes accourent au-devant de
nous; la cocarde tricolore est arborée
partout; les applaudissements, les cris
de joie accompagnent tous nos pas.
Une députation de Chambéry m'est
venue trouver avant-hier au cháteau
des Marches; hier matin, j'en suis
parti avec 100 chevaux, 8 compagnies
de grenadiers et 4 piéces de canon
pour me rendre dans cette ville. La
municipalité m'attendait á la porte. en
habit de cérémonie, pour m'en re-
mettre les clefs. Le chef de la munici-
palité m'a exprimé les sentiments de

respect et d'attachement du peuple de

Savoie pour la nation francaise; et,
au nom de cette nation généreuse, j'ai
promis protection, -paix et liberté au
peuple de Savoie. Je me suis rendu à
la maison commune; j'y ai reçu les
hommages que les citoyens s'empres-
saient de rendre à la nation, et toute la
troupe a été invitée à un grand festin
qui lui était préparé.

Aujourd'hui l'arbre de la liberté
sera planté en grande cérémonie sur
la place principale de la ville.

Il me paraît que les esprits sont
disposés à une Révolution semblable
à la nôtre: j'ai déjà entendu de pro-
poser à la France un 84” département,
ou au moins une République sous sa
protection. Îl est à désirer que je
connaisse le vœu du gouvernement,
car je crois que je serai à portée d'in-
fluer sur les partis que l’on prendra.
. . . J'ai dit d’ailleurs, que la nation
laissait libre cours aux lois du pays,
jusqu’à ce que la nation savoisienne

NICE, 1792-3 271

run to meet us; the tricolor cockade is
everywhere displayed; our progress is
accompanied by applause and cries of
joy. Day before yesterday a deputa-
tion from Chambéry came to seek
me at the Chateau des Marches; yes-
terday morning I departed from it
for that town with one hundred
horses, eight companies of grenadiers
and four pieces of canon. The
Municipality awaited me at the gate,
in ceremonial robes, to give me the
keys. The head of the Municipality
expressed to me the sentiments of
respect and of attachment of the peo-
ple of Savoy for the French nation;
and, in the name of this generous na-
tion I promised protection, peace and
liberty to the people of Savoy. I re-
paired to the communal hall; I there
received the homage which the citi-
zens hastened to render to the nation,
and the whole troop was invited to a
great festival which had been pre-
pared for it.

To-day the Tree of Liberty is to be
planted with great ceremony in the
principal square of the town.

_ It appears to me that the mind of
the people here is disposed to a revo-
lution such as ours; I have already
heard made the suggestion of propos-
ing to France an eighty-fourth depart-
ment, or at least a republic under its
protection. It is desirable that I
should know the wish of the Govern-
ment, for I believe that I shall be in a
position to influence the decisions to
be made. ...I have said besides
that the nation was giving free play

272

les ait librement changées. Je vous
prie de me mander si je dois tenir un
autre langage; jusqu-lá je n'interrom-
prai point les lois ordinaires, ni les
fonctions des magistrats.

Peut-être faudrait-il, pour rem-
placer l'autorité administrative de l’an-
cien gouvernement, tant qu'il ne sera
pas changé, nommer un gouverneur
général de cette province. Je ne peux
y exercer que l'autorité militaire, et
c'est user du droit de conquéte. Je
laisse cet examen á votre sagesse.

Je désire, Monsieur, que ma con-
duite ait l’approbation de 1'Assem-
blee nationale et la vôtre. . . .

Le Général de l’armée du Midi,’

Signé: MONTESQUIOU.

BANCAL. . . . Je rappellerai à la
Convention que l’Assemblée consti-
tuante, en consacrant par un décret

solennel qu’elle renoncait à l'ambition

des conquêtes, a rendu le plus grand
hommage à la liberté des peuples.
Fidèle à ce principe sacré, la Conven-
tion doit rejeter la proposition qui lui
est faite d'ériger un 84° département

la partie de la Savoie qui manifeste

son amour pour la liberté en s'ar-
rachant au joug du despotisme (Mur-
mures) et laisser ce pays libre de se
donner un gouvernement particulier.

DOCUMENTS

to the laws of the country, until the
Savoyard nation should have freely
changed them. I beg you to write me
whether 1 should use other language;
until then I shall interfere neither with
the ordinary laws nor with the func-
tions of the magistrates.

Perhaps it may be necessary, in or-
der to replace the administrative au-
thority of the former Government, in
so far as it is not changed, to name a
governor general of this Province. I
can exercise only military authority
here, and that would be to make use
of the right of conquest. I leave this
question to your wisdom.

I desire, Sir, that my conduct
should have the approval of the Na-
tional Assembly and yours also. . . .

The General of the Army of the

Midi,
(Signed) MoNTESQUIOU.

BANCAL. . . . I shall recall to the
Convention that the Constituent As-
sembly, in consecrating by a solemn
decree its renunciation of conquest,
has rendered the greatest homage to
the liberty of peoples. Faithful to
this sacred principle, this Convention
must reject the proposition made to it
to erect, as Department 84, the part of
Savoy which manifests its love for
liberty by tearing itself from the des-
pot's yoke (murmurs) and must leave
this country free to give to itself its
own government.

1 Copie de la proclamation faite par le général de l'armée du Midi, et affichée par son

ordre dans la Savoie.

“ Au nom de la nation francaise, guerre aux despotes, paix et liberté aux peuples!

“ Le Général de l'armée du Midi,
Signé : MONTESQUIOU.”

SAVOY AND

Je ne suis d'avis de ceux qui pen-
sent que, pour qu'un peuple soit heu-
reux, il faut qu'il possede une grande
étendue de territoire. La France est
assez vaste, et je crois que vous devez
manifester l'intention de renoncer à
tout désir d'agrandissement. Ce dé-
cret ne peut qu'être agréable. (Mur-
mures.) Je demande le renvoi de la
proposition du général Montesquiou
au comité diplomatique.

Lacroix. Et moi, je demande la
question préalable, sur le renvoi au
comité. Vous entrez en Savoie pour
donner à ce peuple la liberté, et non
pour le conquérir. Mais au moins
faut-il que quelque avantage vous in-
demnise des frais de la guerre, et que
la propagation des principes de la lib-
erté soit súre et stable; car si à la paix
vous rendiez ces pays aux despotes qui
les avaient asservis, quels seraient les
hommes qui oseraient se réunir à vous,
et qui le pourraient sans danger!
Vous ne trouveriez pas un ami, cha-
cun serait retenu par la crainte de ren-
trer bientôt sous la domination du
tyran.

LÉONARD BOURDON. Je demande
l'impression de la lettre de Montes-
quiou et je propose d'attendre, pour
prendre une détermination quelcon-
que, que la Convention soit informée
des dispositions du peuple de Savoie.

CAMILLE DESMOULINS. L’Assem-
blée constituante a consacré ce grand
principe que tout peuple a le droit de se
donner le gouvernement qui lui plait.
La Convention nationale ne doit pas

NICE, 1792-3 273

I am not of the opinion of those
who think that for a people to be
happy, it must possess a great extent
of territory. France is sufficiently
large, and I believe that you should
make plain the intention of renounc-
ing all desire for aggrandisement.
This decree cannot fail to be pleasing.
(Murmurs.) I ask that the proposi-
tion of General Montesquiou be re-
ferred to the Diplomatic Committee.

Lacroix. And I, I move the pre-
vious question, as to referring it to
the committee. You enter Savoy to
give this people liberty, not to con-
quer it. But it is necessary that at
least some advantage should indem-
nify you for the costs of the war, and
that the spread of principles of liberty
should be sure and firm; for, if at the
peace you give over this country to
the despots who have enslaved it,
what would become of the men who
dared join you, and who should be
able to do so without danger! You
would not find a friend, every man
would be held back by the fear of
soon finding himself again under the
domination of the tyrant.

LÉONARD BOURDON. I request the
printing of the letter of General Mon-
tesquiou and propose delay, before ar-
riving at any decision, until the Con-
vention is informed as to the attitude
of the people of Savoy.

CAMILLE DESMOULINS. The Con-
stituent Assembly has consecrated the
great principle that every people has.
the right to give itself the government
which pleases it. The National Con-

restreindre la souveraineté des peu-
ples; elle doit laisser le peuple savoi-
sien libre de se choisir le gouverne-
ment qui lui convient. Et, à cet

égard, je rappellerai un trait fameux

dans les fastes de l’histoire. Rappe-
lez-vous, Messieurs, lorsque la ligne
des Achéens fut vaincue, que le peuple
romain reconnut pour la première fois
le droit incontestable des peuples . . .
Le Sénat romain convoque toute la
Grèce et déclara à ses habitants qu'ils
avaient le droit d'adopter telle forme
de gouvernement à laquelle ils don-
neraient la préférence.

Craignons de ressembler aux rois en
enchainant la Savoie à la République.
Invitons-la à s'assembler, sous notre
protection et à prononcer sa destinée
politique.

LouveT DE COUVRAI. . . . Certes,
Francais, il ‘ne peut entrer dans la
tête d'aucun membre de cette As-
semblée, qu'en pénétrant dans la Sa-
voie vous ayez voulu ne soulever
qu'un moment les chaines du peuple
qui l’habite, pour ensuite les laisser re-
tomber sur lui avec plus de pesanteur.
. .. Comment pourriez-vous, sans
porter atteinte à leurs droits les plus
sacrés, les forcer à recevoir de vous la
Constitution que vous allez vous don-
ner, et qui peut-être ne leur convien-
drait pas? Et d’ailleurs, Français,
considérez que ce qui est essentielle-
ment juste, est aussi presque toujours
essentiellement politique. Je main-
tiens, par exemple, que dans le Bra-
bant, où vous allez entrer, vous vous

274 DOCUMENTS

vention should not fetter the sover-
eignty of the people; it should leave
the Savoyard people free to choose
the government which it wishes.
And on this point 1 recall an act
famous in the annals of history. Do
you recall, Gentlemen, when the
Achaean League was conquered, that
the Roman people for the first time
recognized the incontestable rights of
peoples. . . . The Roman Senate con-
voked the whole of Greece and de-
clared to the inhabitants that they had
the right to adopt such form of gov-
ernment as they preferred.

Beware of resembling kings in en-
chaining Savoy to the Republic. : Let
us invite them to assemble, under our
protection, and to determine their po-
litical future.

Louvet DE Couvrar. ... It is
certain, Frenchmen, that it can en-
ter the mind of no member of the
Assembly that in penetrating into
Savoy you have wished to raise the
chains from the people for a moment
only, to let them fall back on them
with the more weight. .. . How, with-
out infringing on their most sacred
rights, could you force them to receive
from you the constitution which you
are about to give yourselves, and
which, perhaps, would not suit them?
And moreover, Frenchmen, consider
that what is essentially just is almost
always essentially expedient. I main-
tain, for example, that in Brabant,
which you are about to enter, you
would make for yourselves many

SAVOY AND NICE, 1792-3

feriez beaucoup d'ennemis, si vous
annonciez le dessein de donner à ses
habitants toutes vos lois, dont quel-
ques-unes leur seraient longtemps en-
core, et jusqu’à ce qu'ils soient plus
éclairés, très désagréables. Je main-
tiens, au contraire, que le meilleur
moyen de vous faire de nombreux
alliés dans tous les pays que vous allez
conquérir sur la tyrannie des despotes,
c'est de déclarer que vous apportez aux
peuples, non pas soumis, mais délivrés
(Applaudissements) une liberté tout
entière ( Applaudissements) ; que vous
ne leur contesterez pas le droit de se
gouverner, et de ne se gouverner que
par des lois qu'eux-memes ils se seront
données ; qu'enfin, vous vous bornerez
à reconnaitre leur indépendance abso-
lue, que vous garantirez contre tous,
et de toute la force de vos armes.
(Vifs applaudissements.)

LAcroIx. Qui paiera les frais de
la guerre?

LouveT DE Couvrar. Les frais de
la guerre! Vous en trouverez l'ample
dédommagement dans la jouissance
de votre liberté, pour toujours assurée,
dans le spectacle du bonheur des peu-
ples que vous aurez affranchis. .

Français, je demande que pour la
Joie des peuples auxquels il sera dès
lors démontré que vous voulez en effet
leur apporter la liberté, mais une vraie
liberté, mais la leur, et non la vôtre;
que pour le désespoir des tyrans qui
ne pourront vous calomnier en vous
supposant devant l’Europe l'ambition
des conquêtes, je demande que tout à
l'heure vous proclamiez, à la face de
l'univers, ce décret solennel qu'à l’in-

275

enemies if you should announce the
intention of giving to the inhabitants
all your laws, many of which would be
very disagreeable to them until they
are more enlightened. I maintain, on
the contrary, that the better way of
making numerous allies for yourselves
in all the countries which you are go-
ing to wrest from the tyranny of des-
pots, is to declare that you are bring-
ing to the people, not conquered but
delivered, (applause) a liberty which
is complete (applause); that you do
not contest their right to govern them-
selves and to govern themselves by
those laws only which they shall have
given to themselves; that, finally, you
will limit yourself to recognizing their
absolute independence, which you will
guarantee against everyone with all

the force of your arms. (Loud ap-
plause.)
Lacroix. Who will pay the cost

of the war?

LouvET DE Couvral. The cost of
the war! You will find ample in-
demnity in the enjoyment of your lib-
erty assured forever, in the spectacle
of the happiness of the people whom
you will have enfranchised. . . .

Frenchmen, I ask that for the joy
of the people to whom it shall be
henceforth shown, that you wish truly
to bring liberty — a real liberty, their
own and not yours — that for the de-
spair of the tyrants who will not be
able to slander you by imputing to vou
before Europe, the ambition for con-
quest, I ask that you at once proclaim
before the universe this solemn decree,
that at the instant when, defied by

276

stant oú, défiés par quelque roi, vous
serez entrés sur son territoire, et que
vous y aurez brisé les fers de ses ci-
devant sujets, vous rendrez au peuple
affranchi le droit de s'assembler, pour
se donner lui-méme les lois qu'il ju-
gera nécessaires á son bonheur, et
qu'aussitót vous, Français, vous ga-
rantirez son indépendance par toute la
puissance de vos armes. (Vifs ap-
plaudissements.)

Lasource. Plus on parlera sur ce
principe, plus on fera sentir la néces-
sité d'y admettre des modifications et,
par conséquent, de renvoyer la ques-
tion à l'examen d'un comité. Le cito-
yen Louvet a confondu ici deux choses
trés distinctes: le principe général et
la demande que vous fait Montes-
quiou de lui donner un plan de con-
duite pour la circonstance particuliére
où il se trouve.

Sans doute, nous ne devons porter
atteinte à la liberté d’aucun peuple,
mais la nation francaise a déjà fait la
déclaration solennelle de ce principe;
il ne s'agit maintenant que de son ap-
plication. Or, nous n'avons point à
décider ce que la Convention jugera
convenable à l’égard du peuple de Sa-
voie, dont les regards se sont tournés
vers la liberté. Cette question méri-
tera une discussion particulière et je
demande le renvoi au comité diplo-
matique.

Mais il est nécessaire que la Con-
vention détermine ce que le pouvoir
exécutif et le général Montesquiou
peuvent faire dans la circonstance ac-
tuelle. Je demande d’abord l'impres-

DOCUMENTS

some king, you shall have entered his
territory and shall there have broken
the fetters of his former subjects, you
will return to the enfranchised people
the right to assemble in order to give
themselves the laws which they shall
deem necessary for their welfare, and
that immediately, Frenchmen, you will
guarantee their independence by all

the power of your arms. (Lively ap-
plause.)
Lasource. The more this princi-

ple is spoken of, the more we are
made to feel the necessity of admit-
ting modifications and consequently
of referring the question to the ex-
amination of a committee. Citizen
Louvet has here confused two very
distinct matters : the general principle,
and the request which Montesquiou
has made to you to give him a plan
of conduct for the particular circum-
stance in which he finds himself. .

Doubtless we should not infringe
on the liberty of any people, but the
French nation has already made a
solemn declaration of this principle;
it is now a question only of its appli-
cation. But it is not for us to decide
as to what the Convention will judge
suitable regarding the people of Sa-
voy, whose eyes are turned towards
liberty. This question deserves a
special discussion and I ask that it be
referred to the Diplomatic Commit-
tee.

But it is necessary that the Con-
vention shall decide what the execu-
tive power and General Montesquiou
can do under the present circum-
stances. I ask first that the letter be

SAVOY AND NICE, 1792-3

sion de la lettre, l’envoi aux départe-
ments et le renvoi au comité diplo-
matique, pour vous présenter, sur ce
dernier objet, ce qui sera nécessaire.

DANTON. Quoique je reconnaisse
le principe par lequel tous les peuples
ont le droit de choisir le gouvernement
qui leur est propre, je ne suis pas de
l'avis de l’antépréopinant par rapport
aux conséquences qu'il en a tirées et
j’appuie la proposition de renvoi au
comité avec d’autant plus de raison
que le principe qu’on vient d'énoncer
paraît peut-être susceptible de quel-
que restriction.

En même temps que nous devons
donner aux peuples voisins la liberté,
je déclare que nous avons le droit de
leur dire: “Vous n'aurez plus de
rois; (Mouvements divers) car tant
que vous serez entourés de tyrans, leur
coalition pourra mettre votre propre
liberté en danger.” Les Francais ne
doivent donc pas souffrir que les peu-
ples qui aspireront á la liberté, se don-
nent néanmoins un gouvernement con-

traire à leurs intérêts et, qu’en se cré- :

ant des rois, ils nous fournissent sans
cesse de nouveaux tyrans á combat-
tre. (Murmurs.) En nous dépu-
tant ici, la nation frangaise a créé un
grand comité d'insurrection générale
des peuples contre tous les rois de
univers. (Applaudissements dans
les tribunes.)

Remplissons notre mission, muris-
sons le principe et ne précipitons pas
nos décisions. En un mot, je de-

277

printed, sent to the departments and
referred back to the Diplomatic Com-
mittee which shall report to you as
to what will be necessary regarding
the last point.

DANTON. Although I recognize
the principle according to which all
peoples have the right to choose the
government most suitable to them, I
am not of the opinion of the speaker
before the last regarding the conclu-
sions which he has drawn from it and
I support the proposition to refer it
to the committee all the more because
the principle which has been enun-
ciated appears to be possibly suscep-
tible of some restrictions.

I declare that although we should
give liberty to neighboring peoples,
we have the right to say to them:
“You shall have no more kings,
(sensation) for so long as you are
surrounded by tyrants, their coalition
may place your own liberty in dan-
ger.” The French people should not
suffer the peoples who aspire to
liberty to give themselves, neverthe-
less, a government contrary to their
interests, and in creating kings for
themselves to furnish themselves
ceaselessly with new tyrants to strug-
gle against. (Murmurs.) In send-
ing us here as their deputies, the
French nation has created a great
committee of general insurrection of
the peoples against all the kings of the
universe. (Applause in the gal-
lertes.)

Let us fulfil our mission, let us al-
low the principle to mature and let us
not rush into decisions. In a word,

278

mande qu'en appelant les peuples á la
conquéte de la liberté, la Convention
leur propose tous les moyens de re-
pousser la tyrannie sous quelque forme
qu'elle se présente et c'est pourquoi
J'appuie le renvoi au comité diplo-
matique. (Applaudissements.)

Plusieurs membres: La discussion
fermée !

(La Convention ferme la discus-
sion, décrète l'impression et l'envoi
aux départements et aux armées de
la lettre du général Montesquiou et
des pièces qui l'accompagnent, enfin
renvoie les piéces au comité diplo-
matique, en chargeant ce comité de
lui faire incessamment un rapport sur
la maniére dont le général Montes-
quiou doit se conduire en Savoie.)

DOCUMENTS

I propose that in calling the peoples to
the conquest of liberty, the Conven-
tion shall propose to them every
means of repulsing tyranny, under
whatever form it may present itself,
and that is why I support the motion
to refer the matter to the Diplomatic

Committee. (Applause.)
Several Members: Close the dis-
cussion!

(The Convention closes the discus-
sion, decrees that the letter of General
Montesquiou and the documents ac-
companying it be printed and sent to
the departments and to the armies,
and that the documents be then sent
back to the Diplomatic Committee;
instructing the committee to report to
it at once regarding the manner in
which General Montesquiou should
conduct himself in Savoy.)

Proclamation of the Commissioners sent by the National Convention to tha

Army of the Alps.

A Chambéry, le 6 octobre 1792, Pan
1” de la République française.

Les commissaires de la Convention
nationale de France, au peuple sa-
voisien.

FRERES ET AMIS,

Vous avez vu, par le manifeste du
général Montesquiou, les justes motifs
de la République francaise pour re-
pousser loin de ses frontiéres les satel-
lites du despots de Turin. Le sol que
vous habitez, esclave il y a huit jours,
est libre aujourd’hui; et depuis le lac

1 Arch. parl., 1st series, vol. 52, p. 468.

October 6, 1792 1

Chambéry, October 6th, 1792, Year I
of the French Republic.

The Commissioners of the National
Convention of France to the Sa-
voyard People.

BROTHERS AND FRIENDS:

You have seen, by the manifesto
of General Montesquiou, the just mo-
tives of the French Republic for push-
ing the despots of Turin far back
from their frontiers. The soil which
you inhabit, a week ago enslaved, is
today free: and from the Lake of

SAVOY AND NICE, 1792-3

de Genève jusqu'au Mont-Cenis, les
Piémontais ont disparu.

Vous avez recouvré vos droits,
ces droits imprescriptibles des peu-
ples qui, seuls, sont souverains.
L’unique prix que la France attend
des sacrifices qu’elle a faits pour vous
les obtenir, c'est de vous en voir jouir
dans toute leur plénitude ; c'est de vous
voir employer les moyens de les con-
server.

Les généraux francais, pour vous
garantir des désordres que pouvaient
exciter quelques malveillants, ont
sagement décidé que les autorités éta-
blies continueraient l'exercice de leurs
fonctions jusqu’à ce qu’elles fussent
remplacées par des autorités légitimes,
celles qui émanent directement du
choix et de la volonté du peuple.

Sortez donc de votre léthargie;
vous ne devez aux Français que de
l'estime et de la reconnaissance; vous
n'avez plus à redouter les Piémontais;
et pendant que nos armées veilleront
à votre süreté, occupez-vous d’assurer
votre liberte.

Si vous voulez rester sous le joug
de vos anciens préjugés, vous êtes les
maitres; les Francais, en vous plai-
gnant, respecteront jusqu’à votre aveu-
glement, et ne s’occuperont que de leur
propre súreté. Si vous voulez un
gouvernement libre, fondé sur l'éga-
lité des droits de tous les citoyens sans
distinction, nous vous jurons, au nom
de la nation frangaise, paix et alliance
éternelle.

Mais, quelle que soit votre. vo-

279

Geneva as far as the Mont-Cenis, the
Piedmont troops have vanished.

You have recovered your rights,
those imprescriptible rights of the
peoples, who alone are sovereign.
The sole price which France expects
from the sacrifices which she has
made to obtain these rights for you,
is to see you in the enjoyment of them
in all their amplitude; it is to see you
employing the means to preserve
them.

The generous French people, in
order to guarantee you from the dis-
orders which might be excited by
some evil doers, have wisely decided
that the established authorities should
continue to exercise their functions
until they are replaced by the legiti-
mate authorities, namely those ema-
nating directly from the choice and
the will of the people.

Awake from your lethargy; vou
owe to France only esteem and grati-
tude; you have nothing more to fear
from the Piedmont troops; and while
our arms are keeping watch over your
safety, occupy yourselves with ren-
dering your liberty secure.

If you wish to remain under the
yoke of your former prejudices, you
are the masters; the French, while de-
ploring, will respect even your blind-
ness, and will occupy themselves only
with their own safety. If you wish
a free government, founded on
equality of rights of all citizens, with-
out distinction, we shall swear to you,
in the name of the French nation,
peace and eternal alliance.

But, whatever your will may be.

280 DOCUMENTS

lonté, nous ne pouvons la reconnaitre
que dans le peuple assemblé, en pre-
nant son vœu à la majorité.

Des républicains tels que nous, ne
s'enorgueillissent que du bien qu'ils
font: fiers du succès de nos armes,
nous pourrions vous donner des or-
dres; mais la République française a
effacé de ses annales les mots de roi,
de maitre et de sujets; elle ne voit que
des frères dans les peuples qui ont des
rapports avec elle, et nous ne vous
donnerons, en son nom, que des con-
seils. |

Les assemblées primaires sont les
seules où le peuple puisse exercer sa
souveraineté.

Nous exhortons donc les Savoi-
siens libres, aujourd’hui sous l’égide
des armes françaises, à se réunir pal-
siblement et sans armes, dans chaque
commune, à l’effet de nommer un dé-
puté chargé d'exprimer leur vœu dans
une assemblée generale pour l'organi-
sation d’un nouveau gouvernement.

Pour que la paix règne, et que la
raison triomphe de tous les intérêts
personnels, nous transcrivons ici 1'im-
mortelle déclaration des droits, base
du gouvernement dont les Français
vont donner le modèle à l’Europe, et
successivement au monde entier.

Peuple savoisien, étudiez les prin-
cipes immuables, et vous verrez que
ces prétendus factieux qui ont abattu
tous les préjugés, triomphé de toutes
les conspirations, et bravé la fureur de
tous les partis, pour dissiper les er-
reurs de tant de siècles, et ramener
leurs concitoyens aux bases de la jus-

we can recognize it only in the people
assembled, casting its vote by ma-
jority.

Republicans such as we pride
themselves only on the good which
they do; proud of the success of our
arms, we might give you orders; but
the French Republic has effaced from
its annals the words ‘ king,’ ‘ master’
and ‘subjects’; it sees only brothers
in the peoples who have relations with
them, and, in its name, we give you
counsel only.

The primary assemblies are the
only ones in which the people can
exercise their sovereignty.

We, therefore, exhort the free
Savoyards, to-day under the aegis of
French arms, to meet peaceably and
unarmed in each commune, in order
to name a deputy charged with the
expression of their wish, in a general
assembly, for the organization of a
new government.

In order that peace may reign,
and that reason may triumph over
all personal interests, we here tran-
scribe the immortal Declaration of
Rights, the basis of government
which the French people wish to give
as a model to Europe and, in turn,
to the entire world.

People of Savoy, study the im-
mutable principles, and you will see
that these alleged factious ones who
have fought against all prejudice,
triumphed over all conspiracies, and
braved the fury of all parties, in order
to dissipate the errors of so many
centuries, and to lead their fellow

SAVOY AND

tice éternelle, ne sont pas des brigands,
comme vous l’avaient insinué nos mé-
prisables fugitifs; mais des hommes
qui se sont élevés à la hauteur de leur
dignité, et qui méritent autant votre
estime que votre confiance.

Signé: Dugois-CRANCÉ — Gas-
PARIN — J.-P. LACOMBE-SAINT-MI-
CHEL — SIMOND.

Formal Minute of the Vote of the Communal Assembly of Mouthsers.

NICE, 1792-3 281

citizens to the bases of eternal justice,
are not brigands, as has been insinu-
ated in your ear by our contemptible
fugitives, but men, who are elevated
in the pride of their dignity and who
merit your esteem and confidence.

(Signed) Dugois-CRANCÉ — (sAs-
PARIN — J.-P. LACOMBE-SAINT-MI-
CHEL — SIMOND.

Octo-

ber 11, 1792 !

L'an 1792, le onze d'octobre, l’an
IV de la Liberté et le I°" de l'Egalité,
sur les dix heures du matin, à Mot-
tiers dans l’église métropolitaine de
Saint-Pierre, la Nation frangaise
venant d'occuper par la force des
armes tout le territoire du duché de
Savoie, et cette méme Nation invitant
à forme de manifeste de Messieurs les
députés de la Convention Nationale du
6 du courant, que chaque commu-
nauté forme des assemblés primaires
pour l’election d’un député chargé
d'exprimer son voeu dans une assem-
blée générale de toutes les conimunes
pour l’organisation d'un nouveau
gouvernement, vu que l’ancien doit
cesser, la communauté de Moútiers
riére (sic) laquelle ledit manifeste a
été lu, publié et affiché aux lieux et á
la manière accoutumée en ayant oui la
lecture et ayant considéré qu'il est ur-
gent de prendre des déterminations qui
préviendront les effets funestes de

In the year 1792, on the eleventh
day of October, the Fourth Year of
Liberty and the First of Equality, at
six o’clock in the morning at
Mouthiers, in the church of Saint-
Pierre, the French nation having oc-
cupied by force of arms all the ter-
ritory of the Duchy of Savoy, and
this same nation, by a manifesto of
the deputies of the National Con-
vention of the 6th of the current
month, having invited each com-
munity to form in primary assembly
to elect a deputy, charged with the
function of expressing its wish in a
general assembly of all the communes,
in order to organize a new govern-
ment, as the former one must cease;
the Commune of Mouthiers, in whose
presence the said manifesto has been
read, published and posted in the ac-
customed places and manner, having
heard it read and having decided that
there is urgent need to arrive at a de-

1 St. Génis, Histoire de Savoie, vol. 3, p. 537. Taken from Archives Municipales de la ville
de Moútiers, Registre des déliberations No. VII (de 1792 à l’an IV), folio 2.

282

l'anarchie et dissiperont la perplexité
oú sont les citoyens, a fait avertir par
le son de la cloche, tant hier que ce
matin, et par les avis qu'elle a fait
communiquer, qu'aujourd'hui il y au-
rait une assemblée générale de tous les
habitants de cette communauté, et le
peuple se trouvant en conséquence
réunie dans l’église métropolitaine de
Saint-Pierre, lieu fixé pour cet effet,
et en nombre excédent les deux tiers
ainsi qu'il l’a affermé, il a été de nou-
veau fait lecture du manifeste et tous
ont convenu que les circonstances
exigent impérieusement une assemblée
générale des communes de la Savoie,
et ils ont ensuite délibéré par acclama-
tion que, eu égard au trop grand nom-
bre de citoyens assemblés, la délibéra-
tion se fera aussi par acclamation,
qu'elle n’exigera d'autres signatures
que celles des maires, du secrétaire de
la municipalité et des deux secrétaires
adjoints. . . . Et, sur la proposition
sur le choix du gouvernement, tous les
citoyens assemblés ont unanimement
délibéré et par acclamation qu'ils dé-
siroient former partie intégrante de
l'Empire français avec lequel ils vou-
loient étre toujours unis, et s'étant
déterminés à élire un représentant, les
citoyens assemblés ont député par ac-
clamation et unanimement M. Joseph
Abondance, médecin, et en cas qu’il
soit empesché ils ont député M. Mi-
chel Gumery et, à son défaut M.
Benoít Fontanel, tous deux hommes
de loy.

DOCUMENTS

cision in order to prevent the fatal
effects of anarchy and to dissipate the
perplexity of the citizens, has given
notice both yesterday and this morn-
ing by means of a bell, and by the
announcements which have been
made, that to-day there would be a
general assembly of all the inhabit-
ants of this community; and the
people finding themselves, conse-
quently, assembled in the church of
Saint-Pierre, the place appointed for
this purpose, and exceeding in num-

‘ ber the two-thirds, as has been stated,

the manifesto was again read and
all agreed that the circumstances
imperatively called for a general as-
sembly of the communes of Savoy,
and they have thereupon deliberated
by acclamation that, by reason of the
too great number of citizens as-
sembled, the deliberation shall be also
by acclamation, that no other signa-
tures are needed than those of the
Mayors, the Secretary of the Munici-
pality and the two Assistant-secre-
taries. . . . And, regarding the ques-
tion as to the choice of government,
all the citizens assembled decided
unanimously and by acclamation that
they desired to form an integral part
of the French Empire with which
they wished to be forever united, and
having decided to elect a representa-
tive, the assembled citizens elected M.
Joseph Abondance, physician, unani-
mously and by acclamation, and in
case he should be prevented from act-
ing, they elected M. Michel Gumery,
and, as his subsitute, M. Benoit Fon-
tanel, both lawyers.

SAVOY AND

Lesdits citoyens donnent pouvoir
par le présent aux-dits députés et sup-
pléants de se rendre à Chambéry le 21
du courant pour assister à l'assemblée
générale des communes qui s’y tien-
dra dans l’église paroissiale y délibérer
sur ce qu'il convient de faire dans les
circonstances sur la forme du Gou-
vernement qu'il convient à la Nation
de choisir et d'adopter en leur nom;
enfin pour y discuter sur les intéréts
de la patrie et prendre toutes les pré-
cautions convenables pour la súreté
et tranquillité des citoyens et la con-
servation de leurs propriétés.

Lesdits députés auront, ainsi qu'on
leur confére par le présent, un pou-
voir illimité pour la décision de tous
les cas que les circonstances feront
naître sauf pour celui d'unir a ’Em-
pire francais tel qu'il a été délibéré cy-
devant. La présente délibération a
été lue dans son entier à tous les cito-
yens qui Pont de nouveau approuvée
par acclamation dans tout son con-
tenu, &c. . . . Signé: les syndics
DUPLAN, BÉRARD, &c., &c.

NICE, 1792-3 283

The said citizens by these presents
empower the said deputies and sub-
stitutes to repair to Chambéry on the
21st of the current month and to take
part in the general assembly of the
communes, which is to be held in the
parish church to deliberate concerning
what should be done under the cir-
cumstances regarding the form of
government which it may please the
nation to choose and to adopt in their
name; and finally to discuss the inter-
ests of the country and to take all suit-
able precautions for the safety and
tranquillity of the citizens and the
preservation of their property.

The said deputies are also endowed
by those present with unlimited power
for the decision of all questions which
may arise except that of union with
the French Empire, as has been de-
liberated above. The present delib-
eration has been read in its entirety
to all the citizens, who have again, by
acclamation, approved it in all its con-
tents. . . . (Signed) DurLan, BE-
RARD, &c., &c., Syndics.

First Draft Decree Reported by the Diplomatic Committee, Regarding the
Conduct to be Prescribed to the French Generals in Enemy Countries.

October 24, 1792 !

La Convention nationale, aprés
avoir entendu le rapport de son comité
diplomatique, presévérant dans la re-
nonciation aux conquétes, consacrée

The National Convention, having
heard the report of its Diplomatic
Committee, persevering in the renun-
ciation of conquests, which has been

1 Arch. parl., vol. 52, p. 651, et seg. Consideration of this draft was adjourned, and the
decree adopted on December 15 was substituted. See post, page 306.

284

par la nation frangaise; invariable-
ment décidée à ne jamais méconnaitre
le principe éternel et sacré de la sou-
veraineté des peuples; jalouse de dis-
siper toutes les inquiétudes que la
présence des armées françaises pour-
rait faire concevoir; considérant la
nécessité de prescrire aux généraux
des règles de conduite qui préviennent
toute atteinte à la liberté des peuples
chez lesquels ils ont porté ou porte-
ront à l’avenir les armes de la Ré-
publique, décrète ce qui suit:

ART. 1”. Dans tous les pays où
pénétreront les armées françaises, les
généraux feront respecter la süreté
des personnes et des propriétés, et l’in-
dépendance des opinions.

ART. 2. Les généraux francais
pourront adresser aux peuples dont ils
occuperont le territoire, les proclama-
tions, instructions et invitations néces-
saires pour les porter à se donner un
gouvernement libre; mais ils ne pour-
ront, ni les inviter á adopter les lois
francaises, ni leur proposer telle autre
forme de gouvernement.

ART. 3. La Convention nationale
défend expressément aux généraux de
la République de prendre possession
d’aucun territoire au nom de la na-
tion française.

ART. 4. En entrant en pays en-
nemi, les généraux feront proclamer,
au nom de la nation française, que le
pays est affranchi de la domination de
son ci-devant souverain, et libre de se
donner, sous la protection des armes
de la République, telle organisation

DOCUMENTS

consecrated by the French nation; de-
cided without exception to never dis-
own the eternal and sacred principle
of the sovereignty of the peoples;
zealous of dissipating all the alarm
to which the presence of the French
arms might give rise; in view of the
necessity of prescribing to the generals
rules of conduct which should provide
against any infringement on the
liberty of the peoples to whom they
have carried, or shall in the future
carry, the arms of the Republic, de-
crees the following:

ARTICLE 1. In all the countries
where the French armies shall pene-
trate, the generals shall cause the
safety of persons and -of property
and the independence of opinions to
be respected.

ART. 2. The French generals may
address to the people whose territory
they shall occupy, such proclamations,
instructions and invitations as are
necessary to lead them to give them-
selves a free government; but they
shall neither invite them to adopt
French laws nor propose to them any
other form of government.

Art. 3. The National Convention
expressly forbids the generals of the
Republic to take possession of any
territory in the name of the French
nation.

ART. 4. On entering enemy terri-
tory, the generals shall proclaim in
the name of the French nation, that
the country is liberated from the
dominion of its former sovereign,
and free to give itself, under the pro-
tection of the armies of the Republic,

SAVOY AND NICE, 1792-3

provisoire, et telle forme de gouverne-
ment qu'il lui plaira d'adopter.

Art. 5. Les généraux francais
actuellement en pays ennemi feront
faire la méme proclamation.

Art. 6. Le comité diplomatique
présentera incessamment un projet
d'adresse aux peuples, sur l'exercice
de leur souveraineté. Les généraux
seront tenus de la faire promulguer
dans tous les pays où ils entreront.

285

such provisional organization and
such form of government as it shall
be pleased to adopt.

ART. 5. The French generals at
present in enemy territory shall make
the same proclamation. |

ART 6. The Diplomatic Commit-
tee shall without delay present a pro-
posal for an address to the peoples,
on the exercise of their sovereignty.
The generals shall be obliged to
promulgate this in all the countries
which they may enter.

Address of the Provisional Administrative Bodies of the City and County of

Nice to the National Convention, and Action of the Convention.

4, 1792!

Adresse à la Convention nationale.
Séance du 21 octobre 1792, 7 heures
du soir, Pan 1% de la République
française

LÉGISLATEURS,

Les corps administratifs provi-
soires de la ville et ci-devant comté de
Nice, en permanence, réunis à la mai-
son commune, considérant que le plus
précieux bien pour l’homme est de
vivre libre, offrent à la République
française l'hommage pur de leur re-
connaissance à cause de leur affran-
chissement. Depuis l’arrivée des
Français dans leur pays, le drapeau
de la liberté décore toutes les places
publiques. Avant le 29 septembre,
cette liberté était concentrée dans

1 Arch. parl., 1st series, vol. 53, p. 146.

November

Áddress to the National Convention,
Session of October 21, 1792, at 7
P.M., Year I of the French Re-
public

LEGISLATORS :

The Provisional Administrative
Bodies of the City and the former
County of Nice, in session at the
communal hall, considering that the
most precious possession of mankind
is to live free, offer to the French Re-
public the pure homage of their
gratitude for their deliverance. Since
the arrival of the French in their
country, the flag of liberty decorates
all public places. Before September
29, this liberty was concentrated in
their hearts; they are aware of its

286

leurs cœurs ; ils en sentent tout le prix.
Délivrés du tyran qu'ils abhorrent,
ils vous jurent, Français, qu'élevés par
vos soins à toute la dignité d'hommes,
ils sauront soutenir les droits impre-
scriptibles de la nature et s'ensevelir
sous les cendres et les ruines de leur
pays, plutôt que de cesser d'étres li-
bres.

Nous avons juré de vivre libres
ou de mourir; nous attendons de vous
la vie ou la mort; hátez-vous de pro-
noncer notre aggrégation à la Répub-
lique française ; nous vous disons avec
cette franchise qui convient à un peu-
ple libre, que si notre prière d'étre
Frangais n'était pas accueillie, nous
ne transigerions jamais avec nos per-
sécuteurs, et nous embraserions plu-
tot toutes nos possessions dans cette
terre de proscription, pour aller vivre
dans la terre de la liberté que vous
habitez.

Nous députons vers vous deux
citoyens recommendables par leur pa-
triotisme, ils vous exprimeront avec
quelle impatience les citoyens de cette
importante contrée attendent la nou-
velle de leur adoption à leur primitive
patrie, la République frangaise, dont
ils n'auraient jamais dú étre séparés.

Signé: PauL Barras, president;
Louis SALvY, CAUVIN, CHABAUD,
LECLERC, GIACOBI, maire; MOUQUIN,
DerLy, Levi l’ainé, HERAUD, VEIL-
LON, ANDRÉ, FARANDY, JEAN-BAP-
TISTE GROSSON, LOUIS SAINT-PIERRE,
Davip Moîse, ANDRÉ GASTAUD,
DOMINIQUE BLANQUI, PIERRE-Ho-

DOCUMENTS

value. Delivered from the tyrant
whom they abhor, they swear to you,
Frenchmen, that, elevated by you to
the dignity of manhood, they will
know how to preserve the impre-
scriptible rights of nature and to
perish under the ashes and ruins of
their country sooner than cease to be
free.

We have sworn to live free or to
die; we await from you the verdict
of life or death; make haste to
pronounce our union with the French
Republic; we say to you with that
frankness which becomes a free
people, that if our prayer to be French
is mot accepted, we shall never
compromise with our persecutors,
that sooner than that we would burn
all our possessions in this land of
proscription, in order to go to live
free in the land of liberty which you
inhabit.

We send to you, as deputies, two
citizens eminent for their patriotism.
They will describe to you with what
impatience the citizens of this im-
portant country await the tidings of
their adoption by their original
mother country, the French Republic,
from which they should never have
been separated.

(Signed) PauL Barras, Presi-
dent; Louis SALVY, CAUVIN, CHA-
BAUD, LECLERC, GIACcoBI, Mayor;
Mouquin, DerLy, Levi the elder:
HERAUD, VEILLON, ANDRÉ, FARANDY,
JEAN-BAPTISTE Grosson, Louis
SAINT-PIERRE, DAVID Moise, ANDRÉ
GASTAUD, DOMINIQUE BLANQUI,

SAVOY AND NICE, 1792-3

NORE loassaL, VICTOR TIRANTY,
BERNADIN CLEVECY, ASDA, JAUME,
procureur de la commune.

Davip. Je demande qu’au nom de
la nation française le président de la
Convention donne le baiser fraternel
aux deux députés citoyens de Nice.

(La Convention décréte cette mo-
tion au milieu des applaudissements
qui se prolongent pendant tout le
temps de l’exécution du décret.)

(Les deux députés prennent ensuite
place à coté du président.)

(La Convention décrete alors qu'il
sera fait mention de tous ces faits dans
son procès-verbal dont expédition sera
envoyée aux citoyens des villes et
comté de Nice. Elle ordonne, en ou-
tre, que l’adresse des citoyens de Nice
et la réponse de son président seront
imprimées et envoyées aux 83 dé-
partements et aux armées. )

LEQUINIO. Je demande qu'il soit
fait droit à l’instant au vœu des cito-
yens de Nice.

BARERE DE VIEUZAC. J’applaudis
avec un vif intérêt à la réception fra-
ternelle des députés du ci-devant
comté de Nice, et j'ai partagé votre
empressement à accueillir leur de-
mande en réunion à la République
française. Mais il est une observa-
tion que je crois digne de votre re-
spect pour la souveraineté des peuples ;
c'est qu'avant de s'occuper de l'acces-
sion, de la réunion d’un peuple à un
autre, il est essentiel, il est nécessaire

287
PIERRE-HONORÉ RoassaL, VICTOR
TIRANTY, BERNARDIN CLEVECY,

ASDA, JAUME, Procurator of the
Commune.

Davip. I move that, in the name
of the nation, the president of the
Convention give a fraternal kiss to
the two citizen deputies from Nice.

(The Convention decrees this mo-
tion in the midst of applause which is
prolonged during the entire time of
the carrying out of the decree.)

(The two deputies thereupon take
their places by the side of the presi-
dent.)

(The Convention then decrees that
all these acts shall be mentioned in the
formal minute, a copy of which shall
be sent to the citizens of the town and
county of Nice. It further orders
that the address of the citizens of
Nice and the reply of its president
shall be printed and sent to the eighty-
three departments and to the armies.)

LEQUINIO. I move that the wish
of the citizens of Nice be acted upon
at once.

BARÈRE DE VIEUZAC. I applauded
with lively interest the fraternal re-
ception of the deputies of the former
county of Nice, and I shared your
eagerness to take up their request for
union with the French Republic.
But there is one observation which
I think worthy of your respect for the
sovereignty of peoples; it is that,
before concerning ourselves with the
accession, with the union of one
people with another, it is essential,

288 : DOCUMENTS

d'avoir son vœu expressément et
librement émis. Or, ce qu'on a lu à
cette tribune, n'est que le vœu des
députés des administrations provi-
soires de ce pays. Mais, d’après
vous-mémes, les administrateurs ne
sont pas des représentants, et ne peu-
vent pas émettre le vœu des adminis-
trés. Sans doute les citoyens du pays
de Nice sont dignes de la liberté,
puisqu'ils abhorrent comme nous la
noblesse et la royauté. Ainsi, avant
de délibérer sur la réunion, que le
peuple prononce, que le souverain
émette son vœu; et le souverain n'est
que dans les assemblées primaires, il
n'est que là. . ..

Je demande, en conséquence, que
la Convention nationale déclare qu'elle
ne peut délibérer sur la réunion de-
mandée par les députés des adminis-
trations provisoires du ci-devant
comté de Nice, qu'après avoir connu
le vœu exprès du peuple.

DELACROIX. J'appuie la proposi-
tion de Barére, mais en attendant je
demande le renvoi de l'adresse au
Comité diplomatique.

(La Convention ferme la discus-
sion et déclare qu’elle ne peut délibérer
sur la demande en réunion présentée
par les députés des administrations
provisoires du ci-devant comté de
Nice, qu'après avoir connu le vœu
exprès du peuple, émis librement dans
les assemblées primaires. Elle ren-
voie, en attendant, l'adresse au Comité
diplomatique. )

it is necessary, to have their expressed
and freely uttered wish. Now what
has been read at this tribune is only
the desire of the deputies of the
provisional administrative bodies of
that country. But, according to you
yourselves, administrators are not
representatives and cannot utter the
wishes of those for whom they ad-
ministrate. Doubtless the citizens of
the country of Nice are worthy of
liberty, since they, like us, abhor
nobility and royalty. So, before de-
liberating upon the union, let the
people pronounce, let the sovereign
express his wish; and the sovereign
dwells only in the primary assemblies,
he is there only. . . .

I demand, consequently, that the
National Convention declare that it
can deliberate upon the union asked
by the deputies of the former county
of Nice only after having learned the
express wish of the people.

DELACROIX. I support the propo-
sition of Barere, but in the meantime
I move that the address be sent to the
Diplomatic Committee.

(The Convention closes the discus-
sion and declares that it can not de-
liberate upon the demand for union
presented by the deputies of the
provisional administrations of the
former county of Nice, except after
learning the express wish of the
people, freely uttered in primary as-
semblies. In the meantime, the ad-
dress is referred to the Diplomatic
Committee. )

SAVOY AND NICE, 1792-3 289

Address of the “ National Assembly of the Allobroges” Asking for the Union
of the People of Savoy with the French Republic. Presented to the Na-
tional Convention, November 21, 1792 *

Les citoyens Doppet, Favre, Des-
saix et Villar, députés du peuple Sa-
voisien, se présentent à la barre. . . .

Le citoyen Dopret, lieutenant-
colonel de la Légion allobroge et ora-
tour de la députation, s'exprime ainsi:

Représentants de la République
frangaise, nous avons été chargés par
l’Assemblée nationale des Allobroges
d'apporter le vœu de tous les Savoi-
siens à la Convention nationale de
France. Nous avons été en même
temps chargés par tous nos commet-
tants de vous exprimer les sentiments
de reconnaissance dont ils sont péné-
trés envers la nation frangaise, pour
le bienfait, ou plutót (car c'est un
bienfait au-dessus de tous les autres)
pour la liberté qu'elle leur a apportée.
Dès que nous avons pu émettre notre
vœu, nous avons renversé d'un seul
coup le despotisme royal et la domina-

tion ultramontaine. Le peuple savoi- .

sien a exercé spontanément son droit
de souveraineté. Des que les troupes
françaises se furent retirées pour se
porter vers Genéve, on convoqua une
assemblée générale du peuple. Toutes
les communes, au nombre de 655,
furent spontanément assemblées.
Elles émirent d’abord leur vœu pour
la réunion à la France; mais outre
cela, elles nommerent chacune un
député pour se rendre à l'assemblée

1 Arch. parl., 1st series, vol. 53, p. 506.

Citizens Doppet, Favre, Dessaix
and Villar, deputies of the Savoyard
people, present themselves at the
bar. . ..

Citizen DOPPET, Lieutenant-Colonel
of the Legion of the Allobroges and
spokesman for the deputation, ex-
presses himself as follows:

Representatives of the French
Republic, we have been charged by
the National Assembly of the Allo-
broges with the duty of carrying the
vote of all the Savoyard people to the
National Convention of France. We
have at the same time been instructed
by all our constituents to express to
you the sentiments of gratitude which
they feel towards the French nation,
for the benefit, or rather (for it is a
benefit above all others) for the lib-
erty which it has brought to them.
Since giving expression to our wish,
we have with one stroke overthrown
royal despotism and ultramontane
domination. The people of Savoy
have spontaneously exercised their
right of sovereignty. As soon as the
French troops had retired towards
Geneva, a general popular assembly
was convoked. All the communes, to
the number of 655, were assembled
spontaneously. They first expressed
their wish for union with France; fur-
thermore, each of them elected a dep-
uty to repair to the General Assembly,
which was to meet at Chambéry on the

290

générale, qui eut lieu à Chambéry, le
21 octobre dernier. Dans la pre-
miere séance de cette assemblée gé-
nérale des deputés du peuple savoisien,
on vérifia les pouvoirs qu’ils avaient
reçus de leurs communes respectives.
Voici le procès-verbal de la seconde
séance, qui fait connaître quel est le
vœu de toutes les communes des Allo-
broges.

DOCUMENTS

21st of October last. At the first ses-
sion of this assembly of the deputies
of the Savoyard people, the powers
which they had received from their
respective communes were verified.
Here is the formal minute of the sec-
ond session, which will make known
what is the wish of all the communes
of the Allobroges.

Extract from the Minute of the Second Session of the Assembly of the
Deputies of the Communes of Savoy, October 22, 1792, the Year I of the

Republic
Séance ouverte à 9 heures du matin.

EUSTACHE MONACHON, président
d'âge, occupe le fauteuil.

La séance a été ouverte par la
lecture du procès-verbal de la précé-
dente. On a fait successivement à la
tribune lecture des rapports des com-
missaires de chaque bureau sur la
vérification des pouvoirs à laquelle ils
avaient procédé la veille.

De ces divers rapports, il résulte
que, dans la province de Carouge,
composée de 64 communes, 42 ont
voté pour la réunion à la République
française dans les pouvoirs qu'elles
ont remis à leurs députés ; que 21 ont
donné des pouvoirs illimités à leurs
députés, et qu'une seule n’a pas fait
connaître ses sentiments. Toutes les
communes de la province de Chablais,
au nombre de 95, ont unanimement
manifesté, dans les pouvoirs remis à
leurs députés, leurs désirs d’être ré-

The session was opened at 9 a. M.

EUSTACHE MONACHON, president
by virtue of seniority, occupies the
chair.

The session is opened with the read-
ing of the formal minutes of the pre-
vious session. The reports of the
commissioners of each committee on
the verification of powers, which has
been begun the day before, are read
in turn from the tribune.

From these several reports it re-
sults that, in the Province of Car-
rouge, composed of sixty-four com-
munes, forty-two have voted for
union with the French Republic in
the powers which they have given
to their deputies: ‘twenty-one have
given to their deputies unlimited
powers, and one only has failed to
make known its sentiments. All the
communes of the Province of Chab-
lais, to the number of ninety-five,
have unanimously shown, in the pow-

SAVOY AND NICE, 1792-3

unies à la nation frangaise; la ma-
jorité de ces députés avaient des pou-
voirs illimités. Celles de la province
de Faucigny, au nombre de 79, ont
toutes, dans leurs pouvoirs, émis le
voeu d'étre réunies à la nation fran-
çaise, pour en faire partie intégrante.
Les 116 communes de la province du
Genevois ont toutes chargé leurs
députés de demander l’incorporation
a la nation francaise; la tres grande
majorité a donné à ses députés le pou-
voir de représenter, délibérer et ar-
réter tout ce qui serait utile pour le
bien public et pour l’établissement de
la liberté et de l'égalité savoisienne.
Les communes de la province de Mau-
rienne qui sont au nombre de 65, ont
toutes manifesté, dans leurs pou-
voirs donnés à leurs députés, leurs
désirs d'étre réunies á la République
française, sauf celles de Lansvillard,
Bessan et Bonneval, qui n'ont pu
faire connaitre leurs vœux, lors des
assemblées des communes, parce que
leur territoire était encore occupé par
des soldats piémontais. Des 204
communes qui composent la province
de Savoie, une seule a émis son vœu
pour former une république particu-
lière ; les autres ont exprimé leur vœu
de réunion à l’Empire français. Des
62 communes formant la province de
Tarentaise, treize ont voté pour l’in-
corporation à la République française ;
les autres avaient toutes donné, par
leurs mandats à leurs députés, le pou-
voir de choisir et adopter pour elles
le gouvernement que l'assemblée des
députés jugerait le plus convenable à
la nation savoisienne.

291

ers given to their deputies, their
desire to be united to the French na-
tion; the majority of these deputies
had unlimited powers. Those of the
Province of Faucigny, to the number
of seventy-nine, have all expressed in
their powers the wish to be united to
the French nation, in order to form
an integral part of it. The 116
communes of the Province of
Genevois have all instructed their
deputies to ask for incorporation in
the French nation; the great majority

‘have given their deputies the power

of representation, deliberation and
decision as to all matters for promot-
ing the public welfare and the estab-
lishment of liberty and equality in
Savoy. The communes of the
Province of Maurienne, which num-
ber sixty-five, have all, in the powers
given to their deputies, manifested
their desire to be united with the
French Republic, with the exception
of those of Lansvillard, Bessan and
Bonneval, which were not able to
make their wishes known, at the time
of the communal assemblies, because
their territory was still occupied by
Piedmontese soldiers. Of the 204
communes of which the Province
of Savoy is composed, one only has
expressed a wish to form an inde-
pendent republic; the others have ex-
pressed their wish for union with
the French Empire. Of the sixty-
two communes forming the Province
of Tarentaise, thirteen have voted for
incorporation with the French Re-
public, the others had all, in the man-
dates to their deputies, given them the

292

La lecture de ces rapports a été
souvent interrompue par les applaudis-
sements de l’assemblee et des tribunes ;
ils ont été déposés sur le bureau. Il
a été arrété que les pouvoirs que
chaque député avait reçus de sa com-
mune, y seraient également déposés
pour être conservés dans les Archives,

et servir éternellement de preuve de :

l'attachement du peuple savoisien au
gouvernement républicain des Fran-
gais.

Nous, president et secretaires, de-
clarons le présent extrait conforme à
l'original.

Signé: J. DECRET, président; E.
CHASTEL, F. FAVRE, GUMERY, Hac-
QUIER, secrétaires.

En attendant que la Convention na-
tionale de France eút prononcé sur
notre demande, l’Assemblée nationale
crut qu'il était important d'exercer
promptement la souveraineté du peu-
ple savoisien. Son premier décret fut
l’abolition de la royauté. Elle pro-
testa contre les soi-disant droits de la
ci-devant maison de Savoie; elle an-
nula tous ceux qu'elle pouvait encore
réclamer; ensuite elle décréta une
adresse à la Convention nationale de
France, dans laquelle sont exprimés
les sentiments de tous les Allobroges.
Législateurs, on va vous en donner
lecture. :

DOCUMENTS

power to choose, and by their own ac-
tion to adopt whatever form of gov-
ernment the Assembly of Deputies
should consider to be the most suited
to the Savoyard nation.

The reading of these reports was
often interrupted by the applause of
the Assembly and of the galleries;
they were placed on the table. It
was determined that the powers re-
ceived by each deputy from his com-
mune should be likewise deposited, to
be preserved in the archives and to
serve as a perpetual proof of the at-
tachment of the Savoyard people to
the republican Government of France.

We, the President and Secretaries,
declare that the present extract is an
accurate copy of the original.

(Signed) J. DECRET, President;
F. CHASTEL, F. FAVRE, GUMERY,
HACQUIER, Secretaries.

In waiting for the National Con-
vention of France to pronounce on
our request, the National Assembly
believed that it was important to
exercise promptly the sovereignty of
the Savoyard people. Its first de-
cree was the abolition of royalty. It
protested against all the pretended
rights of the former House of Savoy;
it annulled all those which could still
be claimed; it thereupon decreed an
address to the National Convention
of France, in which are expressed the
sentiments of all the Allobroges.
Legislators, this will now be read to
you.

SAVOY AND

LIBERTÉ, EGALITÉ

L’assemblée nationale des Allobroges,
á la Convention nationale de
France.

“ Legislateurs, le soleil bienfaisant
de la Liberté vient enfin, par ses
douces influences, de dissiper les
nuages épais de la tyrannie et du des-
potisme qui infestaient notre atmo-
sphère : nos tyrans, aussi laches qu'ils
ont été cruels, n’ont pu soutenir l’as-
pect redoutable du drapeau tricolore;
ils ont fui, et pour jamais ont délivré
de leur odieuse présence une terre trop
longtemps abreuvée des maux émanés
d'un sceptre de fer. Les Savoisiens,
pénétrés de la reconnaissance la plus
vive, prient l’auguste Assemblée d'en
recevoir les témoignages; nos hom-
mages, législateurs, ne sont pas dictés
par ces organes corrompus de l’ancien
régime : ce sont des hommes libres qui
vous les présentent et qui sentent toute
la dignité de leur nouvelle existence.

“ Vous nous avez laissés les maitres
de nous donner des lois, nous avons
agi. La nation savoisienne, après
avoir déclaré la déchéance de Victor-
Amédée et de sa postérité, la proscrip-
tion éternelle des despotes couronnés,
s'est déclarée libre et souveraine.
C'est du sein de cette Assemblée qu'est
émis le vœu unanime d’être réunis à
la République française, non par une
simple alliance, mais par une union in-
dissoluble, en formant partie inté-
grante de l’Empire francais.

NICE, 1792-3 293

LIBERTY, EQUALITY

The National Assembly of the Allo-
broges, to the National Convention
of France.

“ Legislators: the beneficent sun of
liberty, has at last, by its gentle in-
fluence, succeeded in dispersing the
thick mists of tyranny and despotism,
which infested our atmosphere: our
tyrants, as cowardly as they have been
cruel, have not been able to bear the
redoubtable sight of the tricolor flag;
they have fled, and have forever de-
livered from their odious presence a
land too long overwhelmed with evils
arising from an iron sceptre. The
Savoyards, filled with the deepest
gratitude, request the august Assem-
bly to receive the proofs thereof; our
homage, Legislators, is not dictated
by those corrupt organs of the old
régime : these are free men who pre-
sent homage to you, and who feel all
the dignity of their new existence.

“ You have made us masters over
our own lawmaking, we have acted.
The Savoyard nation, having de-
clared the deposition of Victor
Amadeus and his descendants, and
the perpetual proscription of crowned
despots, has declared itself free and
sovereign. It is from the bosom of
this Assembly that the unanimous
wish has been expressed to be united
with the French Republic, not by a
simple alliance, but by an indissoluble
union, forming an integral part of the
French Empire.

294

“ Législateurs, ce n'est point une
Assemblée d’esclaves tremblants à
l'aspect des fers qu'ils viennent de
quitter, qui vous supplient de la pren-
dre sous votre protection: c'est un
souverain, admirateur de votre gloire,
demandant à en faire réfléchir sur lui
quelques rayons. . . .

“Fait à l’Assemblée nationale des
Allobroges, séante à Chambéry, le 27
octobre, Pan 1° de la République.

“ Signé: DoPPET, vice-président;
FAVRE, secrétaire; VILLAR, membre
du comité de rédaction.”

VILLAR. (Citoyens, nous allons
maintenant vous faire connaitre nos
pouvoirs. Les voici:

Pouvoirs

“ L'Assemblée nationale des Allo-
broges donne pouvoir aux citoyens
Doppet, Favre, Dessaix et Villar,
qu’elle a députés auprès de la Conven-
tion nationale des Frangais, et aux
citoyens Gumery, Bard et Balmain,
leurs suppléants, en cas d’empéche-
ment, de lui présenter l’adresse qui
lui sera remise et de lui énoncer le
vœu qu’a formé la nation qu’elle rep-
résente d'étre unie à la République
francaise et d'en former partie inté-
grante. Elle charge expressément les
députés de soliciter l’acte solennel
d'adhésion de la Convention nationale
des Français à l’incorporation de-
mandée et de faire part á la commis-
sion provisoire d'administration de
l’execution de leur mission et des ré-
ponses qui leur seront faites et d'en-

DOCUMENTS

“ Legislators, it is not an Assembly
of slaves trembling at the sight of the
fetters which they have just dis-
carded, who beg you to take them
under your protection: it is a
sovereign admiring your glory and
asking to have some rays of that
glory reflected on himself. . . .

“ Done in the National Assembly of
the Allobroges, in session at Cham-
Léry, October 27, the Year I of the

Republic.
“ (Signed) Dopret, Vice-Presi-
dent; Favre, Secretary; VILLAR,

Member of the editorial committee.”

VILLAR. Citizens, we shall now
acquaint you with our powers. They
are these:

Powers

“ The National Assembly of the
Allobroges empowers Citizens Dop-
pet, Favre, Dessaix, and Villar, de-
puted by it to the National Conven-
tion of France, and Citizens Gumery,
Bard and Balmain, their substitutes in
case of inability to serve, to present
to the Convention the address which
shall be transmitted to it and to an-
nounce to it the desire felt by the na-
tion for which the Assembly speaks to
unite with the French nation and to
form an integral part of it. The As-
sembly expressly instructs the depu-
ties to beg from the National Conven-
tion of the French people its solemn
adhesion to the incorporation re-
quested, and to inform the Provisional
Administrative Commission of the
execution of their mission and of the

SAVOY AND NICE, 1792-3

tretenir avec elle une correspondance
exacte: le tout en conformité des dé-
terminations prises dans les seconde
et dernière séances de l’Assemblée na-
tionale des 22 et 29 octobre dont les
extraits des procès-verbaux seront
joints au présent, signés par le prési-
dent et les secrétaires.

“Fait à l’Assemblée nationale des
Allobroges, séante à Chambéry, le 29
octobre 1792, l'an 1” de la Répub-
lique.

“Signé: J. DECRET, président;
CHASTEL, GUMERY, F. Favre, Hac-
QUIER, secrétaires.”

295

responses which shall be made to them,
and to carry on a detailed correspond-
ence with it: all of this in conformity
with the decisions made at the second
and last session of the National As-
sembly of the 22d and 29th of Octo-
ber, of which extracts from the formal
minutes, signed by the President and
the secretaries, shall be annexed to the
present document.

“ Done in the National Assembly of
the Allobroges, in session at Cham-

‘béry, October 29, 1792, the Year I

of the Republic.

“(Signed) J. DECRET, President;
CHASTEL, GUMERY, F. FAvRE, Hac-
QUIER, Secretaries.”

Decree of the French National Convention Uniting Savoy to France.
November 27, 1792 !

La Convention nationale, aprés
avoir entendu le rapport de ses comités
de constitution et diplomatique, et
avoir reconnu que le vœu libre et uni-
versel du peuple souverain de la Sa-
voie, émis dans les assemblées des
communes, est de s'incorporer à la
République francaise ; considérant que
la nature, les rapports et les intéréts
respectifs rendent cette union avan-
tageuse aux deux peuples, déclare
qu'elle accepte la réunion proposée, et
que, des ce moment, la Savoie fait
partie intégrante de la République
française.

ART. 1”. La Convention nationale
décréte que la Savoie formera pro-

1 Duvergier, Collections, vol. 5, p. 59.

The National Convention, having
heard the report of its Diplomatic
Committee and the Committee on the
Constitution, and having recognized
that the free and universal wish of the
sovereign people of Savoy, expressed
in communal assemblies, is for incor-
poration in the French Republic, and
considering that nature as well as
their relations and respective interests
render this union advantageous to the
two peoples, declares that it accepts
the union proposed and that, from
this moment, Savoy forms an integral
part of the French Republic.

ARTICLE 1. The National Conven-
tion decrees that Savoy shall form,

296 DOCUMENTS

visoirement un quatre-vingt-quatrième
département, sous le nom de départe-
ment du Mont-Blanc.

2. Les assemblées primaires et
électorales se formeront incessament,
suivant la forme des lois établies, pour
nommer leurs députés à la Conven-
tion nationale.

3. Ce département aura provisoire-
ment une représentation de dix dépu-
tés à la Convention nationale.

4, Il sera envoyé, dans le départe-
ment du Mont-Blanc, quatre commis-
saires pris dans le sein de la Conven-
tion nationale, pour procéder à la
division provisoire et à l’organisation
de ce département en districts et en
cantons. Ces commissaires seront
nommés par la voie du scrutin.

provisionally, an eighty-fourth de-
partment, under the name of the De-
partment of Mont-Blanc.

2. The primary and electoral as-
semblies shall at once convene, ac-
cording to the manner provided by
law, in order to elect their deputies
to the National Convention.

3. This department shall have a
provisional representation of ten dep-
uties to the National Convention.

4. Four Commissioners, who shall
be chosen from the members of
the National Convention, shall be sent
to the Department of Mont Blanc, to
proceed to the provisional division
and to the organization of this de-
partment into districts and cantons.
These commissioners shall be elected
by ballot.

Decree of Union with France passed by “the National Assembly of the
Colons Marseillais” of Nice. January 4, 1793 ?

LIBERTÉ, EGALITÉ

Décret de la Convention nationale des
colons marseillais, du 4 janvier
1793, Pan 11 de la République fran-

çaise. |

L'Assemblée composée des repré-
sentants des huit sections de la ville
et territoire de Nice, et des communes
de Saint-Agnès, Escarène, Aspro-
mont, Roquette et Saint-Martin, Con-
tes, Château-neuf, Tourrettes, Roque-

LIBERTY, EQUALITY

Decree of the National Convention
of the Colonists of Marseilles, Jan-
uary 4, 1793, the year II of the
French Republic.

The Assembly, composed of the
representatives of the eight districts of
the city and territory of Nice, and of
the Communes of Saint-Agnés, Esca-
rene, Aspromont, Roquette and Saint-
Martin, Contes, Château-neuf, Tour-

1 Articles 5, 6 and 7 are omitted. They deal with questions of the customs, boundaries, etc.
2 Arch, parl., 1st series, vol. 57, p. 61. This decree was read before the Convention on

January 15.

SAVOY AND NICE, 1792-3

Esteron à gauche de la rivière, Ville-
franche, Peillon, Saint-André, Bou-
son, Saint-Antonin, Eza, Gillette, Gor-
bio, Falicon, Toët, Lévens, etc., après
avoir entendu la lecture des procès-
verbaux de leurs respectives sections
et communes, qui constatent l’élection
libre et légale des susdits membres, et
Pautorité et les pouvoirs amples et
illimités, qui leur ont été transmis et
après avoir prété successivement le
serment d'etre fidele a la nation, de
maintenir la liberté et l'égalité, et de
mourir en les défendant, se rappelant
avec indignation les injustes provoca-
tions du ci-devant despote, connu sous
les nom de roi de Sardaigne, et de
ses satellites, faites a la nation fran-
caise qui s'était déclarée amie de
l'homme; se rappelant avec douleur
les vexations inquisitoriales, sénatori-
ales, préfectorales, militaires et arbi-
traires exercées envers le peuple niçois
qu'elle représente; se rappelant en ou-
tre toutes les tyrannies, usurpations
et injustices faites à ce même peuple,
tant par le susdit despote, que par tous
ses adhérents, qu'il salariait de la
sueur du pauvre; se rappelant encore
les inhumanités commises envers tous
ceux qui n'avaient pas acheté des ti-
tres, et de l'insolence insupportable
des ci-devant nobles, qu'il n'a jamais
cherché de réprimer, méme aprés que
les principes de liberté et d'égalité ont
été propagés par la nation frangaise;
et se rappelant enfin la lacheté avec
laquelle il a abandonné á la plus af-
freuse anarchie un peuple, auquel il
avait promis la conservation des pro-
priétés et la süreté des personnes;

297

rettes, Roque-Esteron on the left
bank of the river, Ville-franche,
Peillon, Saint-André, Bouson, Saint-
Antonin, Eza, Gillette, Gorbio, Fal-
cion, Toët, Lévens, etc., after hav-
ing heard the reading of the formal
minutes of their respective districts
and communes, which attest the free
and legal election of the members
aforesaid, and the authority and full
and unlimited powers which have
been bestowed on them, having taken,
each in turn, the oath to be faithful
to the nation and to the maintainance
of liberty and equality, and to die in
defending them; recalling with indig-
nation the unjust provocations which
the former despot, known under the
title of King of Sardinia, and his sat-
ellites have offered to the French na-
tion which had declared itself the
Friend of Man; recalling with sorrow.
the inquisitorial, senatorial, prefec-
torial, military and arbitrary annoy-
ances ‘against the people of Nice
whom the Assembly represents; re-
calling moreover, all the tyrannies,
usurpations and injustices done to
this same people, both by the despot
aforesaid and by all his adherents
whom he paid from the sweat of the
poor; recalling the inhuman acts com-
mitted against all those who have not
bought titles, and the unbearable
insolence of the former nobles, whom
he never sought to repress, even
after the principles of liberty and
equality were proclaimed by the
French nation; and recalling, finally,
the cowardliness with which he
abandoned to the most frightful

298

après avoir mis tout en usage pour lui
inspirer de l'aversion et une haine im-
placable contre les Français qui

s'étaient déclarés libres, et avoir usé

de tous les moyens pour le compro-
mettre, et l’exposer à leur vengeance,
déclare unanimement, au nom du méme
peuple niçois qu’elle représente, la dé-
chéance perpetuelle du ci-devant comte
de Nice, Victor-Amédée troisième,
soi-disant roi de Sardaigne, et de toute
sa descendance, et prête le serment so-
lennel de ne plus reconnaitre à l’avenir
d'autre autorité que celle du peuple,
ou librement émanée de lui-même;
comme le seul souverain légitime, dé-
crétant en même temps l'abolition de
tous les titres, privilèges et préroga-
tives quelconques, comme contraires
à l'égalité de l’homme, ces distinc-
tions n'ayant été créées que par le des-
potisme et l'aristocratie proscrits par
les droits imprescriptibles et inalién-
ables de l'homme, desquels elle déclare
ne pouvoir point s'écarter sans com-
mettre la plus noire des injustices, et
sans s'arroger une autorité qu’elle ne
peut acquérir en aucune manière.

L'Assemblée pénétrée d'autre part
d'admiration et de reconnaissance en-
vers la nation frangaise, franche et
généreuse, qui a rétabli le peuple niçois
dans tous ses droits; considérant que
ce même peuple est libre, indépendant,
et dont la souveraineté doit être rep-
résentée par les membres, auxquels il

DOCUMENTS

anarchy a people to whom he had
promised the preservation of property
and the protection of persons, after
having done everything to inspire in
them implacable aversion and hatred
against the French who had declared
themselves free, and having employed
every means to compromise the peo-
ple and to expose them to their ven-
geance, declares unanimously, in the
name of these people of Nice whom
it represents, the perpetual deposition
of the former Count of Nice, Victor
Amadeus III, so-called King of Sar-
dinia, and of all his descendants, and
takes a solemn oath never to recog-
nize any other authority in future
than that of the people, or such au-
thority as has been freely delegated
by them, decreeing at the same time,
in its capacity as sole legitimate sov-
ereign, the abolition of all titles, priv-
ileges and prerogatives whatsoever, as
being contrary to the equality of man,
these distinctions having been created
only by despotism and by the aristoc-
racy prescribed by the imprescriptible
and inalienable rights of man, whick
the Assembly declares can never be
discarded without committing the
blackest of injustices, and without as-
suming an authority which it can not
acquire in any way whatever.

The Assembly, actuated on the
other hand by admiration and grati-
tude for the frank and generous
French nation, which has restored the
people of Nice to all their rights, con-
sidering that this same people is free
and independent and that its sover-
eignty should be represented by those

SAVOY AND

a donné toute sa confiance, et ses pou-
voirs, déclare s'étre constituée en Con-
vention nationale des colons marseil-
lais, pour rappeler á tous les peuples
l'origine de celui qu’elle représente, et
à l'effet de traiter par elle-même, ou
par les députés, que la grande ma-
jorité du peuple a nommé, la réunion
de la ville de Nice, et le ci-devant
comté à la République française avec
la Convention nationale, au cas que la
demande qui lui sera faite de cette
réunion par les susdits députés, déjà
munis du vœu du peuple, soit recon-
nue insuffisante; et pour pourvoir à
toutes les places d'administration,
juges du tribunal et autres, et faire
généralement tout ce que le peuple
réuni aurait droit de faire lui-même.

Ladite Convention nationale des
colons marseillais décrète, en consé-
quence avoir chargé comme elle
charge expressément les citoyens Blan-
qui et Veillon, députés auprès de la-
dite Convention nationale de France,
premièrement par les corps adminis-
tratifs réunis provisoires de la ville
et ci-devant comté de Nice, et succes-
sivement par la très grande majorité
des communes, pour présenter, au nom
du peuple niçois ou des colons mar-
seillais, le vœu librement émis par le
même peuple dans ses assemblées pri-
maires, et que l’assemblée et ses rep-
résentants vient de confirmer, leur
donnant à ces députés tout pouvoir
et autorité nécessaires pour solliciter
auprès de ladite Convention nationale

NICE, 1792-3 299

members to whom it has given its
confidence and its powers, declares it-
self to be constituted as the National
Convention of the Colonists of Mar-
seilles in order to recall to all peoples
the origin of the people it represents ;
and for the purpose of treating with
the National Convention either for
itself or by the deputies named by the
great majority of the people, regard-
ing the union of the City of Nice and
the former County to the French Re-
public, if the request which it has
made for this union, through the
aforesaid deputies, already provided
with proof of the wish of the people,
is considered to be insufficient; and in
order to provide for all offices of ad-
ministration, judges of courts and
others, and, in general, to do all that
a people assembled would have the
right to do for itself.

The said National Convention of
the Colonists of Marseilles decrees, in
consequence, that it has appointed and
expressly appoints the citizens Blan-
qui and Veillon, delegated to the said
National Convention of France, first-
ly by the assembled Provisional Ad-
ministrative Bodies of the City and
former County of Nice, and later by
the great majority of the communes,
to present, in the name of the people
oí Nice or of the Colonists of Mar-
seilles, the wish freely expressed by
that same people in its primary assem-
blies, and which has just been con-
firmed by the assembly and its repre-
sentatives, giving to those deputies all
power and authority necessary to
solicit from the said National Con-

300

l'agrément de ce vœu, et obtenir d'elle
la réunion si désirée à la République
française, pour laquelle le peuple
niçois ne cesse de soupirer.

L'Assemblée décrète, en outre,
que l'extrait de la présente delibera-
tion sera envoyé auxdits députés, et
qu’elle sera incessamment imprimée
pour qu’un exemplaire soit également
envoyé dans toutes les communes du
peuple des colons marseillais, aux Al-
lobroges nos frères, aux Belges, dans
toutes les places où la nation fran-
çaise a porté ses armes, dans les villes
et villages du Piémont, et de la Sar-
daigne pour leur inspirer le désir de
suivre l'exemple des Allobroges, et le
notre, et finalement un autre exem-
plaire au despote turinois pour l’as-
surer des dispositions que l’on prend
pour le détrôner.

A Nice, et dans la salle des séances
de ladite Convention nationale des
colons marseillais, le quatre janvier
mil sept cent quatre-vingt-treize, l’an
second de la République française.

Signé: Louis VILLIERS, presi-
dente; CLERICI, secrétaire; GASTAUD,
secrétatre.

Collationné avec l’original,

Pour l’Assemblée :
GASTAUD, secrétaire.

DOCUMENTS

vention the granting of this wish, and
to obtain from it the union with the
French Republic, so deeply desired
and for which the people of Nice do
not cease to long.

The Assembly decrees, moreover,
that the copy of the present delibera-
tion shall be sent to the said deputies,
and that it shall be printed immedi-
ately in order that copies may also be
sent to all the communes of the people
of the Colonists of Marseilles, to our
brothers the Allobroges, to the Bel-
gians, in all places where the French
nation has carried its arms, in the
towns and villages of Piedmont, and
of Sardinia in order to inspire in them
the desire to follow the example of the
Allobroges and ours, and, finally, an-
other copy shall be sent to the Turin
despot to acquaint him with the meas-
ures taken to dethrone him.

Done at Nice, in the meeting hall
of the said National Convention of
the Colonists of Marseilles, January
fourth, seventeen hundred and ninety
three, the second year of the French
Republic.

(Signed) Louis VILLIERS, Prest-
dent; CLERICI, Secretary; GASTAUD,
Secretary.

(Compared with the original, )

For the Assembly :
GASTAUD, Secretary.

SAVOY AND NICE, 1792-3

301

Decree of the National Convention Uniting the County of Nice to the Terri-
tory of the French Republic. January 31, 1793 *

La Convention nationale déclare,
au nom du peuple français, qu'elle ac-
cepte le voeu librement émis par le
peuple souverain du ci-devant comté
de Nice dans ses assemblées primaires,
et décréte, en conséquence, que le ci-
devant comté de Nice fait partie in-
tégrante de la République francaise;

Ordonne que le conseil exécutif pro-
visoire prendra sur-le-champ les me-
sures nécessaires pour faire trans-
porter les bureaux de douanes aux
points limitrophes du territoire
étranger ;

Charge son comité de division de
lui faire incessamment un rapport sur
le mode d'organisation générale du ci-
devant comté de Nice.

The National Convention declares,
in the name of the French people,
that it accepts the vote of the sover-
eign people of the former County of
Nice, freely expressed in primary as-
semblies, and decrees, in consequence,
that the former County of Nice forms
an integral part of the French Repub-
lic;

Orders that the Provisional Execu-
tive Council shall take immediately the
necessary measures to cause the cus-
toms houses to be moved to points on
the frontiers of foreign countries:

Charges its Committee of Division
to make an immediate report regard-
ing the mode of general organization
of the former County of Nice.

1 Duvergier, Collection, vol. 5, p. 130. Arch. parl., 1st series, vol. 58, p. 102.

THE BELGIAN COMMUNES AND THE RHINE VALLEY, 1793

Cambon Reports Regarding the Conduct to be Followed by the French Gen-

erals in the Countries Occupied by the Armies of the Republic.

15, 1792!

CAMBON, au nom des Comités des
finances, militaire et diplomatique.
Vous avez chargé trois de vos Comités
de l’examen de plusieurs lettres des
généraux commandant les armées
qui sont actuellement sur territoire
étranger.

Dumourier, en entrant dans la Bel-
gique, a annoncé de grands principes
de philosophie; mais il s’est borné à
faire des adresses au peuple. Il a
jusqu'ici tout respecté, nobles, priv-
ilèges, corvées, feodalité, &c. tout est
encore sur pied; . . .

Le général a cru, d’après les in-
structions du conseil exécutif, devoir
respecter sa souveraineté et son indé-
pendance, ne pas lui imposer de con-
tributions extraordinaires ; lorsque ses
convois passent à quelques barrières
ou péages, ils y paient les droits ordi-
naires. Il a cru ne devoir pas même
forcer les habitans à fournir des ma-
gasins et des approvisionnemens à nos
armées. Ces principes philosophiques
sont les nôtres; mais nous ne voulons
pas, nous ne devons pas respecter les
usurpateurs. Tous ceux qui jouis-

December

CAMBON, în the name of the Com-
mittee on Finances, Military and
Diplomatic Committees. You have
charged three of your committees
with the examination of many letters
from the generals commanding the
armies now on foreign territory.

Dumourier, on entering Belgium,
announced great philosophic prin-
ciples; but he confined himself to
making addresses to the people. Up
to the present time, he has respected
everything; nobles, privileges, forced
labor, feudalism, &c., everything is
still running; . . .

The General believed that, follow-
ing the instructions of the executive
council, he must respect its sov-
ereignty and independence and not
impose on it any extraordinary
contributions; when its convoys
pass through any barriers or toll-
gates they pay the ordinary taxes.
He thought that he must not even
force the inhabitants to furnish stores
and provisions to our armies. These
philosophical principles are our own;
but we do not wish, we ought not,
to respect usurpers. Ali those who

1 Moniteur Universel, No. 353, December 18, 1792.

BELGIAN COMMUNES AND THE RHINE VALLEY, 1793 303

sent d'immunités et de privilèges, sont
nos ennemis, il faut les détruire; au-
trement, notre propre liberté serait en
péril. Ce n'est pas aux rois seuls que
nous avons a faire la guerre; car s'ils
étaient isolés, ce ne serait que dix ou
douze tétes à faire tomber. Nous
avons à combattre tous leurs com-
plices, les castes privilégiées, qui, sous
le nom des rois, rongent les peuples,
et les oppriment depuis plusieurs
siècles.

Vos Comités se sont donc dit:
Tout ce qui dans les pays où vous
portez les armes, existe en vertu de
la tyrannie et du despotisme, est usur-
pation: car les rois n'avaient pas le
droit d'établir des privilèges en faveur
du petit nombre, au détriment du plus
grand. . ..

Il faut donc que nous nous déclari-
ons pouvoir révolutionnaire dans les
pays où nous entrons. (On applaudit.)
. +. + L’aristocratie gouverne partout’;
il faut donc détruire toutes les
autorités existantes. . . . Il faut que
le système populaire s'établisse, que
toutes les autorités soient renouve-
lées, ou vous n'aurez que des ennemis
à la tête des affaires. Vous ne pouvez
donc donner la liberté à un pays, vous
ne pouvez y rester en súreté, si les
anciens magistrats conservent leurs
pouvoirs; il faut absolument que les
Sans-Culottes participent à l’adminis-
tration. (De nombreux applaudisse-
ments s'élèvent dans l'assemblée et
dans les tribunes.) . ..

En entrant dans un pays, quel doit
être notre premier soin ? c’est de pren-
dre pour gage des frais de la guerre

are enjoying immunities or privileges
are our enemies, they must be de-
stroyed; otherwise our own liberty
would be in peril. It is not upon
kings alone that we have to make
war; for if they were isolated, there
would be but ten or a dozen heads
to cut off. We have to fight all their
accomplices, the privileged castes,
who in the name of the kings, devour
the people, and oppress them for
many centuries past.

Your committees, therefore, said to
themselves: All that exists by virtue
of tyranny and despotism in the
countries where you carry your arms,
is usurpation; for kings have no right
to establish privileges in favor of the
few to the detriment of the larger
number. . ..

It is therefore necessary that we
declare the revolutionary power in the
countries we enter. (Applause.)
. . . Aristocracy is governing every-
where; therefore all existing authori-
ties must be destroyed. . . . The
popular rule must be established, all
authorities must be renewed, or you
will have only enemies at the head of
affairs. You can not then give lib-
erty to a country, you can not stay in
it with safety, if the old magistrates
keep their powers; it is absolutely
necessary that the Sans-Culottes
participate in the administration.
(Great applause in the Assembly and
in the galleries.) . ..

In entering into a country, what
should be our first care? to take the
possessions of our enemies as a

304

les biens de nos ennemis; il faut donc
mettre sous la sauvegarde de la Na-
tion les biens meubles et immeubles
appartenant au fisc, aux princes, à
leurs fauteurs, adhérens, participes, à
leurs satellites volontaires, à tous les
complices de la tyrannie. (On ap-
plaudit.) Et pour qu’on ne se mé-
prenne pas sur les intentions pures et
franches de la République française,
vos Comités ne vous proposent pas de
nommer des administrateurs particu-
liers pour l’administration et la régie
de ces biens; mais d’en confier le soin
á ceux qui seront nommés par le peu-
ple. Nous ne prenons rien, nous con-
servons tout pour les frais de la
guerre.

Vous sentez qu'en accordant cette
confiance aux administrateurs provi-
soires, vous aurez alors le droit d’en
exclure tous les ennemis de la Répub-
lique qui tenteraient de s’y intro-
duire. . ..

Ces précautions prises, vos Comités
ont pensé qu'il ne fallait pas encore
abandonner un peuple peu accoutumé
á la Liberté absolument á lui-meme;
qu'il fallait l’aider de nos conseils,
fraterniser avec lui; en conséquence
que dés que les administrations pro-
visoires seraient nommées, la Conven-
tion devait leur envoyer des commis-
saires tirés de son sein, pour entretenir
avec elles des rapports de fraternité.
Cette mesure n'est pas même suffi-
sante. Les représentans du peuple
sont inviolables; ils ne doivent jamais
exécuter. Il faudra donc nommer

DOCUMENTS

guarantee for the expenses of the
war; therefore it is necessary to place
in the custody of the nation the per-
sonal and landed property belong-
ing to the public treasury, to princes,
to their followers, adherents, and
partisans, to their voluntary satellites,
to all the accomplices of tyranny.
(Applause.) And in order that
there shall be no misunderstanding
about the pure and honest intentions
of the French Republic, your com-
mittees do not propose to you to name
special administrators for the man-
agement and control of these posses-
sions; but to confide the care of them
to those who shall be named by the
people. We take nothing, we keep
everything for the expenses of the
war.

‘You. see that in granting this con-
fidence to the provisional admin-
istrators, you will then have the right
to exclude all enemies of the Republic
who might attempt to introduce them-
selves there. . . .

These precautions taken, your com-
mittees thought that a people little ac-
customed to liberty should not yet be
entirely abandoned to itself; that it
was necessary to help it by our coun-
sel, to fraternize with it; consequently,
that as soon as the provisional ad-
ministrators should be named, the
Convention ought to send to them
commissioners chosen from its own
body, to form with them fraternal re-
lations. This measure, even, is not
enough. The representatives of the
people are inviolate: they must never
be executive. It is therefore neces-

BELGIAN COMMUNES AND

aussi des exécuteurs. Vos Comités
ont donc pensé que le conseil exécutif
devait envoyer de son coté des com-
missaires nationaux qui se concerte-
ront avec les administrations provi-
soires pour la défense du pays nou-
vellement affranchi, pour assurer les
approvisionnemens et la subsistance
de nos armées, et enfin se concerter

sur les moyens qu'il y aura à prendre ©

pour payer les dépenses que nous au-
rons faites ou que nous ferons sur leur
territoire.
Vous devez penser qu'au moyen de
la suppression des contributions an-
ciennes, les peuples affranchis n'auront
point de revenus; ils auront recours
à vous, et le Comité des finances croit
qu'il est nécessaire d'ouvrir le trésor
public à tous les peuples qui voudront
être libres. Quels sont nos trésors?
Ce sont nos biens territoriaux, que
nous avons réalisés en assignats.
Conséquemment, en entrant dans un
pays, en supprimant ses contributions,
et lui offrant une partie de nos trésors
pour l'aider à reconquérir sa liberté,
nous lui offrirons notre monnaie révo-
lutionnaire. (On applaudit.) Cette
monnaie deviendra la sienne; nous
n’aurons pas besoin alors d’acheter à
grands frais du numéraire, pour trou-
ver, dans le pays même, des habille-
mens et des vivres; un même intérêt
réunira les deux peuples pour com-
battre la tyrannie. Des lors nous
augmenterons notre propre puissance,
puisque nous aurons un moyen d'écou-
lement pour diminuer la masse des
assignats circulante en France, et que
l’hypothèque que fourniront les biens

THE RHINE VALLEY, 1793 305
sary to name executors also. Your
committees, therefore, thought that
the Executive Council should on its
part send natiorial commissioners
who would arrange with the provi-
sional administrators for the defence
of the newly enfranchised country,
for the assurance of supplies and sub-
sistence for our armies, and finally
to concert measures that will have
to be taken for paying the expenses
that we shall have incurred or that
we will incur on their territory.

You must reflect that because of
the suppression of the former taxes
the enfranchised peoples will have no
revenues; they will have recourse to
you, and the Committee on Finances
thinks it is necessary to open the
public treasury to all peoples who
wish to be free. What are our re-
sources? They are our territorial
possessions, which we have realized in
assignats. Consequently, in entering
into a country, in suppressing its
taxes, and offering to it a part of our
resources to aid it in reconquering its
liberty, we are offering it our revolu-
tionary money. (Applause.) This
money will become its own; we shall
not then have need to buy at great
expense of cash, in order to find
clothing and food in the country it-
self ; a common interest will unite the
two peoples to fight tyranny. From
that moment we shall increase our
own power, since we shall have a
channel to diminish the mass of as-
signats circulating in France, and the
mortgage furnished by the property
placed in the custody of the Republic

306

mis sous la sauvegarde de la Répub-
lique augmentera le crédit de ces
mêmes assignats.

DOCUMENTS

will increase the credit of these same
assignats.

Decree by which France Proclaims the Liberty and Sovereignty of all the Peo-
ples to whom she has Carnied or shall Carry her Arms, and Prescribes the

Conduct of her Generals.

La Convention nationale, après
avoir entendu le rapport de ses comités
des finances, de la guerre et diploma-
tique réunis; fidèle aux principes de
la souveraineté du peuple, qui ne lui
permet pas de reconnaitre aucune des
institutions qui y portent atteinte, et
voulant fixer les règles à suivre par
les généraux des armées de la Répub-
lique dans les pays où ils porteront les
armes, décrète :

ART. 1”. Dans les pays qui sont ou
seront occupés par les armées de la
République, les généraux proclame-
ront sur-le-champ, au nom de la nation
francaise, la souveraineté du peuple,
la suppression de toutes les autorités
établies, des impóts ou contributions
existans, l'abolition de la dime, de la
féodalité, des droits seigneuriaux, tant
féodaux que censuels, fixes ou casuels,
des banalités, de la servitude réelle
et personelle, des privilèges de chasse
et de peche, des corvées, de la noblesse,
et généralement de tous les privilèges.

2. Ils annonceront au peuple qu’ils
lui apportent paix, secours, fraternité,

1 Duvergier, Collection, vol. 5, p. 82.

December 15 and 17, 1792 !

The National Convention, having
heard the joint report of its Com-
mittees of Finance, War and Diplo-
macy; faithful to the principles of
popular sovereignty, which do not
permit it to recognize any of the
institutions which threaten these prin-
ciples, and desiring to fix the rules to
be followed by the generals of the
armies of the Republic in the
countries where they shall carry its
arms, decrees:

ARTICLE 1. In the countries which
are or shall be occupied by the
armies of the Republic, the generals
shall immediately proclaim, in the
name of the French nation, the
sovereignty of the people, the sup-
pression of all established authority,
existing imposts or taxes, the aboli-
tion of the tithes, of feudal tenure, of
seigniorial rights, both feudal tax and
poll tax, fixed or unfixed, of socage
payments, of real and personal servi-
tude, of the privileges of hunting and
fishing, of statute-labor, of nobility,
and of all privileges in general.

2. They shall announce to the peo-
ple that they bring to them peace, suc-

BELGIAN COMMUNES AND THE RHINE VALLEY, 1793

liberté et égalité, et ils le convoqueront
de suite en assemblées primaires ou
communales, pour créer et organiser
une administration et une Justice pro-
visoire; ils veilleront à la sùreté des
personnes et des propriétés; ils feront
imprimer en langue ou idiome du pays,
afficher et exécuter sans délai, dans
chaque commune, le présent décret et
la proclamation y annexée.

3. Tous les agens et officiers civils
ou militaire de l’ancien gouvernement,
ainsi que les individus ci-devant ré-
putés nobles, ou membres de quelques
corporations ci-devant privilégiés,
seront, pour cette fois seulement, in-
admissibles à voter dans les assem-
blées primaires ou communales, et ne
pourront être élus aux places d'admi-
nistration ou du pouvoir judiciaire
provisoire.!

4. Les généraux mettront de suite
sous la sauvegarde et protection de la

307

cor, fraternity, liberty, and equality,
and they shall at once convoke them
in primary or communal assemblies, to
create and organize a provisional ad-
ministrative and judicial system; they
shall care for the safety of persons
and of property; they shall cause the
present decree and the proclamation
annexed to be printed in the language
or the idiom of the country, and to be
posted and put in execution without
delay in each commune.

3. All the agents and officers,
civil or military, of the former gov-
ernment, as well as the individuals
formerly considered noble, or mem-
bers of any corporations hitherto
privileged shall be, for the time only,
excluded from voting in the primary
or communal assemblies, and may not
be elected to office in the provisional
administration or in the provisional
judicial bodies.?

4. The generals shall at once place
under the care and protection of

1 Repealed by the Law of December 22, 1792,—“ La Convention nationale rapporte l'art. 3 de
son décret des 15 et 17 décembre courant, concu en ces termes: “Tous les agens et officiers
civils ou militaires de l’ancien gouvernement, ainsi que les individus ci-devant privilégiés,
seront, pour cette fois seulement, inadmissibles á voter dans les assemblées primaires ou
communales, et ne pourront étre élus aux places d'administration et de pouvoir judiciaire
provisoire”; et elle décrète que nul ne pourra étre admis à voter dans les assemblées pri-
maires et communales, et ne pourra étre nommé administrateur ou juge provisoire, sans avoir
prêté le serment à la liberté et à l’égalité, et sans avoir rénoncé par écrit aux privilèges et
prérogatives dont l’abolition a été prononcée par le décret des 15 et 17, et dont il pourrait
avoir joui”;

(Translation): “The National Convention repeals Article 3 of its decree of December 15
and 17, which reads as follows: ‘All the agents and officers, civil or military, of the former
government, as well as the individuals formerly privileged, shall be, for this time only, ex-
cluded from voting in the primary or communal assemblies and may not be elected to office
in the provisional administration or in the provisional judicial bodies, and decrees that no one
shall be allowed to vote in the primary and communal assemblies, nor nominated as adminis-
trator or provisional judge, without having taken the oath of liberty and equality, and without
having renounced in writing those privileges and prerogatives whose abolition was pro-
nounced by the Decree of the 15 and 17, and which they may have enjoyed.” . .. (This was
the provision as originally proposed by Cambon.)

308

République francaise tous les biens
meubles et immeubles appartenant au
fisc, au prince, á ses fauteurs, ad-
hérens et satellites volontaires, aux
établissements publics, aux corps et
communautés laïques et ecclesias-
tiques ; ils en feront dresser sans délai
un état détaillé, qu'ils enverront au
conseil exécutif, et prendront toutes
les mesures qui sont en leur pouvoir,
afin que ces propriétés soient re-
spectées.

L'administration provisoire, nom-
mée par le peuple, sera chargée de la
surveillance et régie des objets mis
sous la sauvegarde et protection de
la République française; elle veillera
à la sûreté des personnes et des pro-
priétés; elle fera exécuter les lois en
vigueur relatives au jugement des
procès civils et criminels, à la police
et à la süreté publique; elle sera
chargée de régler et faire payer les
dépenses locales et celles qui seront
nécessaires pour la défense commune;
elle pourra établir des contributions,
pourvu toutefois qu’elles ne soient pas
supportées par la partie indigente et
laborieuse du peuple.

6. Dès que l’administration provi-
soire sera organisée, la Convention na-
tionale nommera des commissaires
pris dans son sein pour aller frater-
niser avec elle.

7. Le conseil exécutif nommera
aussi des commissaires nationaux, qui
se rendront de suite sur les lieux
pour se concerter avec les généraux
et l'administration provisoire nommée
par le peuple, sur les mesures à pren-

DOCUMENTS

the French Republic all the real
and personal property belonging to
the treasury, the prince, his agents,
adherents and voluntary satellites,
to the public establishments, to the
bodies and communities, lay and
ecclesiastical; they shall cause to be
drawn up without delay a detailed
statement of these, which they shall
send to the Executive Council, and
shall take all measures within their
power to cause these properties to be
respected.

The provisional administration,
named by the people, shall be charged
with the oversight and the administra-
tion of the objects put under the care
and protection of the French Repub-
lic; it shall see to the safety of per-
sons and property ; it shall enforce the
execution of the laws in force relat-
ing to civil and criminal trials, to po-
lice and public security; it shall be
charged with the duty of regulating
and causing to be paid the local ex-
penses and those which shall be neces-
sary for the common defence: it may
establish taxes, provided, however,
that they shall not be borne by the
indigent and laboring class.

6. As soon as the provisional ad-
ministration shall be organized the
National Convention shall name com-
missioners, from its own number, to
fraternise with it.

7. The Executive Council shall
also name national commissioners,
who shall at once repair to the spot
to advise with the generals and the
provisional administration named by
the people, as to the measures to be

BELGIAN COMMUNES AND THE RHINE VALLEY, 1793

dre pour la défense commune, et sur
les moyens employés pour se procurer
les habillements et subsistances néces-
saires aux armées, et pour acquitter
les dépenses qu'elles ont faites et
feront pendant leur séjour sur son
territoire.

8. Les commissaires nationaux
nommées par le conseil exécutif lui
rendront compte, tous les quinze jours,
de leurs opérations. Le conseil exé-
cutif les approuvera, modifiera ou re-
jettera, et il en rendra compte de suite
à la Convention.

9. L'administration provisoire nom-
mée par le peuple et les fonctions
des commissaires nationaux cesseront
aussitôt que les habitans, après avoir
déclaré la souveraineté et l'indépen-
dance du peuple, la liberté et l'égalité,
auront organisé une forme de gou-
vernement libre et populaire.

10. Il sera fait état des dépenses
que la République française aura
faites pour la défense commune, et
des sommes quelle pourra avoir
reçues, et la nation française prendra
avec le gouvernement qui sera établi
des arrangemens pour ce qui pourra
être dù; et, au cas où l'intérêt commun
exigerait que les troupes de la Ré-
publique restassent encore á cette
époque sur le territoire étranger, elle
prendra les mesures convenables pour
les faire subsister.

11. La nation française déclare
qu’elle traitera comme ennemi le peu-
ple qui, refusant la liberté et l'égalité,

309

taken for the common defence and as
to the means to be employed to pro-
cure the clothing and subsistence nec-
essary for armies, and to provide pay-
ment for the expenses which they
have incurred and shall incur during
their sojourn in the territory.

8. The national commissioner
named by the Executive Council shall
render it an account of their opera-
tions, every fiftcen days. The Execu-
tive Council shall approve, modify or
reject them, and it shall report the
result to the convention.

9. The provisional administration
named by the people and the offices of
national commissioner shall cease as
soon as the inhabitants, after having
declared the sovereignty and inde-
pendence of the people, and their
liberty and equality, shall have organ-
ized a free and popular form of gov-
ernment.

10. À statement shall be made of
the expenses which the French Re-
public shall have incurred for the
common defense and the service
which it may have received, and the
French nation shall agree with the
government which shall be established
as to the arrangements for paying the
amount which may be due; and, in
case the common interest should de-
mand that the troops of the Republic
should remain yet longer in the for-
eign territory, it shall take suitable
measures for the provision for their
sustenance. |

11. The French Nation declares
that it will treat as an enemy the peo-
ple who, refusing liberty and equality

310

ou y renonçant, voudrait conserver,
rappeler ou traiter avec le prince et
les castes privilégiées ; elle promet et
s'engage de ne souscrire aucun traité,
et de ne poser les armes qu'après l’af-
fermissement de la souveraineté et de
l'indépendance du peuple sur le terri-
toire duquel les troupes de la Ré-
publique sont entrées, qui aura adopté
les principes de l'égalité, et établi un
gouvernement libre et populaire.

12. Le conseil exécutif enverra le
présent décret par des courriers ex-
traordinaires à tous les généraux, et
prendra les mesures nécessaires pour
en assurer l’exécution.

DOCUMENTS

cr renouncing it, should wish to pre-
serve, recall or treat with the prince
and the privileged classes ; it promises
and engages not to sign any treaty,
nor to lay down its arms until after
the consolidation of the sovereignty
and independence of the people into
whose territory the troops of the Re-
public have entered, who shall have
adopted the principles of equality and
have established a free and popular
government.

12. The Executive Council shall
forward the present decree by special
messengers to all the generals, and
shall take those measures necessary to
assure its execution.

Form of Proclamation to be Made by the French Generals to the Peoples
“ Conquered for Liberty”

Le PEUPLE FRANCAIS AU PEU-
PLE. ...
Freres et amis, nous avons conquis
la liberté, et nous la maintiendrons.
Nous offrons de vous faire jouir de
ce bien inestimable qui nous a tou-
jours appartenu, et que nos oppres-
seurs n'ont pu nous ravir sans crime.

Nous avons chassé vos tyrans;
montrez-vous hommes libres, et nous
vous garantirons de leur vengeance,
de leurs projets et de leur retour.

Des ce moment, la nation française
proclame la souveraineté du peuple,
la suppression de toutes les autorités
civiles et militaires qui vous ont gou-

THE FRENCH PEOPLE TO THE
PEOPLE OF: . ..

Friends and Brothers, we have con-
quered liberty, and we shall maintain
it. We offer to you the enjoyment
of this inestimable benefit which has
always been our right, and of which
our oppressors have not been able to
deprive us except by crime.

We have chased away your
tyrants; show yourselves to be free
men, and we will guarantee you from
their vengeance, their projects and
their return.

From this moment the French na-
tion proclaims the sovereignty of the
people, the suppression of all the civil
and military authorities which have

BELGIAN COMMUNES AND THE RHINE VALLEY, 1793

vernés jusqu’à ce jour, et de tous les
impôts que vous supportez, sous quel-
que forme qu'ils existent; l’abolition
de la dime, de la féodalité, des droits
seigneuriaux, tant féodaux que cen-
suels, fixes ou casuels, des banalités,
de la servitude réelle et personnelle,
des privilèges de chasse et de pêche,
des corvées de la gabelle, des péages,
des octrois, et généralement de toute
espèce de contributions dont vous avez
été chargés par vos usurpateurs; elle
proclame aussi l’abolition parmi vous
de toute corporation nobiliaire, sacer-
dotale et autres, de toutes les préro-
gatives et privilèges contraires à
l'égalité. Vous êtes dès ce moment,
frères et amis, tous citoyens, tous
égaux en droits, et tous appelés égale-
ment à gouverner, à servir et défendre
votre patrie.

Formez-vous sur-le-champ en as-
semblées primaires ou de communes,
hâtez-vous d'établir vos administra-
tions et justices provisoires, en se con-
formant aux dispositions de l’article
3 du décret ci-dessus. Les agens de
la République française se concerter-
ont avec vous pour assurer votre bon-
heur et la fraternité qui doit exister
désormais entre nous.

311

governed you until to-day, and all the
imposts which you support, under
whatever form they may exist; the
abolition of the tithe, the feudal ten-
ure, seigniorial rights, both feudal tax
and poll tax, socage payments, real
and personal servitudes, the privileges
of hunting and fishing, statute labor
and the salt tax, tolls, town dues, and
in general all kinds of taxes imposed
on you by your usurpers; it proclaims
also the abolition among you of all
noble bodies, priestly or otherwise, of
all prerogatives and privileges con-
trary to equality. You are from this
moment friends and brothers, all citi-
zens, all equal in rights, and all called
equally to govern, to serve and to de-
fend your country.

Form yourselves at once in primary
or communal assemblies, make haste
to establish your provisional admin-
istrations and judicial systems, con-
forming them to the provisions of
Article 3 of the above decree. The
agents of the French Republic will
advise with you in order to assure
your welfare and the fraternity which
should exist henceforth among you.

Protest of the Representative Assembly of ‘Hainault against the Decree of
December 15. Presented to the Convention, December 23, 1792 1

Représentants de la nation fran-
caise, nous le disons avec orgueil, avec
confiance, le peuple belgique est mur

Representatives of the French Na-
tion, we say it with pride, with confi-
dence, the Belgian people are ripe for

1 Procès-verbaux des représentants du peuples souverain de Hainaut, n° 31, du 21 décem-
bre 1792. Borgnet, Histoire des Belges, vol. 2, p. 108.

312

à la liberté. . . . Cependant une na-
tion libre, une nation qui a consacré
en Europe les principes sacrés de la
liberté, qui professe qu'elle la respec-
tera, qu'elle la protégera, qu'elle la
propagera chez tous les peuples, en en-
leverait aux Belges, en ce moment,
l'exercice précieux; elle l’usurperait,
ou plutot elle le déléguerait par le droit
de conquéte à quelques individus, car
comment appeler autrement ce pouvoir
révolutionnaire étranger qu'elle nous
annonce? Il sera à nos yeux, ‘il sera
aux yeux de l’Europe entière, le pou-
voir de la force. . . . Généreux Fran-
gais, nation fière et juste, rappelez
votre décret du 15 décembre, ou vous
nous parlez en vainqueurs, en maitres,
en souverains, lorsque de vous-mêmes
vous décrétez la cessation des impôts
et de nos revenus publics; que vous
mettez sous votre main et que vous
ordonnez la régie de nos biens na-
tionaux; que vous prononcez, autre-
ment que par notre organe, l'extinc-
tion de nos agrégations ou corpora-
tions politiques; que vous prescrivez
méme la confiscation des propriétés
particuliéres, ce que nos anciens des-
potes n'osaient pas faire, lorsqu'ils
nous déclaraient rebelles, et qu'ils
nous traitaient en rebelles.

DOCUMENTS

liberty. . . . But a free nation, a na-
tion which has consecrated in Europe
the sacred principles of liberty, which
professes to respect it, and to pro-
tect it and to spread it among all
nations, would at this moment be de-
priving the Belgian people of its pre-
cious exercise ; it would be usurping it,
or rather be delegating it by right of
conquest to certain individuals, for
how otherwise can one describe this
“revolutionary power” which has
been proclaimed to us? It will be to
our eyes and to the eyes of all Europe,
the right of force. . . . Generous
Frenchmen, nation proud and just,
repeal your decree of December 15,
where you speak as conquerors, mas-
ters, sovereigns, where you yourselves
decree the abolition of taxes and pub-
lic revenues; by which you put under
your hand and decree the regulation
of our national property, by which
you pronounce, otherwise than
through us, the extinction of our as-
sociations and political bodies; by
which you even prescribe the confis-
cation of private property, which our
former despots did not dare to do,
when they were declaring us to be
rebels and treating us as such.

Protest of the Representatives of the Sovereign People of the Country of
- Namur, December 30, 1792 3

La calomnie seule, peut avoir ar-
raché aux oracles de la loi, aux pro-

_.Calumny alone, . . . could have
obtained from the oracles of law, the

1 Procés-verbaux des séances des représentants provisoires du peuple souverain du pays
de Namur, n° 25, du 30 décembre 1792. Borgnet, Histoire des Belges, vol. 2, p. 109.

BELGIAN COMMUNES AND THE RHINE VALLEY, 1793 313

tec'eurs des opprimés, aux res-
taurateurs des droits de l’homme, ce
décret terrible pour nous. . .. Vos
généraux, en entrant dans chacune des
provinces belgiques, ont rendu hom-
mage à cet enthousiasme des ames
belges; partout ils ont vu, ils ont
reconnu, ils ont applaudi l'ivresse de la

joie répandue sur tous les fronts; par-

tout un peuple nombreux s'offrait sur
leur passage, les comblait de félicita-
tions, et ne cessait de témoigner tour
à tour sa reconnaissance à ses libéra-
teurs, et son attachement à la liberté
et à l'égalité Ces vœux pour la
liberté et l’égalité s'étaient déjà an-
noncés d’une manière non équivoque
dans le temps même où, gémissant en-
core sous le fer du despotisme, nous
osions à peine lever les yeux vers le
soleil qui avait fait éclore chez nous
ces deux dons inappréciables. Tel est
ce peuple, tels sont ses sentiments in-
times, et c’est cette nation que l’on
ose traduire, à la face de l’Europe,
dans le sanctuaire d’où émanent les
oracles de la liberté et de l'égalité,
comme susceptible de sacrifier au des-
potisme le bien qui faisait depuis si

longtemps le seul objet de ses brülants

désirs. . . . Ce n’est pas, législateurs,
que votre décret ne contienne des vues
sublimes, émanées de votre sagesse:
nous sentons la hauteur des principes
que vous y consacrez, mais après tout
il est injonctif; nous ne pourrons
jamais vous dire: Ce sont nos vues,
ce sont nos principes; vous nous prive-
riez de la jouissance du caractère le
plus sacré de la souveraineté et de la
liberté, celui de n’obéir qu’à elle-meme,

protectors of the oppressed, the re-
storers of the rights of man, this de-
cree so terrible for us. . .. Your
generals on entering each Belgian
province have done homage to the
enthusiasm of the Belgian spirit;
everywhere they have seen, recog-
nized, applauded the intoxication of
joy shown by everyone; everywhere
crowds greeted them on their way,
overwhelmed them with felicitations,
and did not cease to bear witness
to their gratitude to their deliverers,
and their attachment to liberty and
equality. These wishes for liberty
and equality had been already an-
nounced in an unequivocal manner
at the time when, still groaning under
the yoke of despotism, we scarcely
dared raise our eyes to the sun which
had caused these inestimable gifts to
be showered on us. These are the
people, these are the innermost senti-
ments, and this the nation which, in
the sanctuary whence come the
oracles of liberty and of equality, one
dares traduce before Europe as ca-
pable of sacrificing to despotism the
good which had for so long been the
sole object of their ardent desire!
. . + It is not, legislators, that your
decree does not contain sublime ideas,
results of your wisdom; we appreci-
ate the loftiness of the principles
which you there consecrate, but after
all it is imperative; we can never say
to you: “These are our opinions,
these are our principles.” You would
deprive us of the enjoyment of the
most sacred attribute of sovereignty
and liberty, that of obeying it alone,

314

celui de ne suivre que sa propre im-
pulsion et de se devoir sa félicité et
sa gloire. Vous fütes, vous êtes ja-
loux de la vôtre, laissez-nous donc
chérir aussi le bienfait que nous vous
devons. . ..

DOCUMENTS

of following its own impulse, and
of owing to itself its happiness and
its glory. You would be, you are
jealous of your own, let us then also
preserve the benefits which we owe
to you.

Second Decree Regarding the Conduct of the Generals in those Countries

where the Armies of France have Entered or shall Enter.

1793!

La Convention nationale, informée
que, dans quelques-uns des pays ac-
tuellement occupés par les armées de
la République, Pexécution des décrets
des 15, 17 et 22 décembre dernier a
été arrété, en tout ou en partie, par les
ennemis du peuple coalisés contre sa
souveraineté, décrète ce qui suit:

ART. 1”. Les décrets des 15, 17 et
22 décembre seront executés dans tous
les lieux oú les armées de la Répub-
lique sont entrées ou entreront à
Pavenir.

2. Les généraux des armées de la
République prendront toutes les me-
sures nécessaires pour la tenue des
assemblées primaires ou communales,
aux termes desdits décrets. Les com-
missaires envoyés par la Convention
nationale pour fraterniser avec ces
peuples pourront décider provisoire-
ment toutes les questions qui s'éléve-
ront relativement á la forme et aux
opérations des assemblées, méme en
cas de réclamation sur la validité des
élections. Ils veilleront particuliére-

1 Duvergier, Collection, vol. 5, p. 130.

January 31,

The National Convention, in-
formed that, in some of the countries
at present occupied by the armies of
the Republic, the execution of the
decrees of the 15, 17 and 22 of last
December has been arrested, in whole
cr in part, by the enemies of the peo-
ple, joined together against their sov-
ereignty, decrees as follows:

ARTICLE 1. The decrees of De-
cember 15, 17 and 22 shall be ex-
ecuted in all the places where the
armies of the Republic have entered
or shall enter in the future.

2. The generals of the armies of
the Republic shall take all the meas-
ures necessary for the holding of pri-
mary or communal assemblies, accord-
ing to the terms of the said decrees.
The commissioners sent by the Na-
tional Convention to fraternize with
these people may decide provisionally
all the questions which arise relating
to the form and operations of the as-
semblies, even in case of protests
against the validity of elections.
They shall exercise special care over

BELGIAN COMMUNES AND THE RHINE VALLEY, 1793

ment sur tout ce qui pourra assurer la
liberté des assemblées et des suffrages.

3. Les peuples réunis en assemblées
primaires ou communales sont invités
à émettre leur voeu sur la forme du
gouvernement qu'ils voudront adopter.

4. Les peuples des villes et terri-
toires qui ne se seraient pas assem-
blés dans la quinzaine au plus tard
après la promulgation tant des décrets
des 15, 17 et 22 décembre dernier, si
elle n’a pas été faite, que du présent
décret, seront déclarés ne vouloir être
amis du peuple français. La Répu-
blique les traitera comme les peuples
qui refusent d'adopter ou se donner
‚un gouvernement fondé sur la liberté
et l'égalité.

5. Les trois commissaires de la
Convention nationale dans la Bel-
gique, le Haïnaut, le pays de Liège
et les pays voisins, qui sont venus
rendre compte de leurs opérations à
la Convention, se réuniront à leurs
collègues, et partiront, savoir: Dan-
ton et Lacroix, immédiatement après
le présent décret ; Camus, dans la hui-
taine au plus tard. Ils pourront agir
conjointement ou séparément, pourvu
néanmoins qu'ils soient réunis au
nombre de deux, et à la charge de
donner connaissance, dans les vingt-
quatre heures, de toutes leurs opéra-
tions à la Convention.

315

all that may insure the freedom of
the assemblies and of the votes.

3. The peoples, convened in pri-
mary or communal -assemblies, are
invited to express their wish as to the
form of government which they wish
to adopt.

4. The people of the. towns and
territories who shall not have assem-
bled within fifteen days, at the lat-
est, after the promulgation of the de-
crees of December 15, 17 and 22, if
such promulgation has not already
been made, shall be declared to be not
desirous of being friends with the
French people. The Republic shall
treat them as peoples who refuse to
adopt or give themselves a govern-
ment founded on liberty and equality.

5. The three commissioners of the
National Convention in Belgium,
Hainaut, the country of Liège and
the neighboring countries, who have
come to render an account of their
operations to the Convention, shall
join their colleagues, and shall de-
part as follows: Danton and La-
croix, immediately after the present
decree, Camus in a week, at latest.
They may act together or separately,
provided, however, that they shall be
in groups of two, and under the obli-
gation to render an account of all
their actions to the Convention, every
twenty-four hours.

316

DOCUMENTS

Decree Regarding the Union of the Principality of Monaco, of a Part of the

Bailiwick of Schambourg, and other Neighboring Territories.

14, 1793!

La Convention nationale, constante
dans les principes qu’elle a consacrés
par ses décrets des 19 novembre
et 15 décembre derniers, confirmant
les résolutions qu'ils annoncent,
d'aider et secourir tous les peuples
qui voudront conquérir leur liberté;
sur le vœu libre et formel qui lui a
été adressé par plusieurs communes
étrangères, circonvoisines ou en-
clavées, réunies en assemblées pri-
maires, faisant usage de leur droit in-
aliénable de souveraineté à l’effet
d'être réunies à la France comme
parties intégrantes de la République;
après avoir entendu le rapport de son
comité diplomatique, déclare, au nom
du peuple français, qu’elle accepte ce
vœu, et en conséquence décrète ce qui
suit : |

ART. 1”. La ci-devant principauté
de Monaco est réunie au territoire de
la République française, et fait partie
du département des Alpes-Maritimes.

ART. 2. La partie inférieure du
bailliage de Schambourg, dite le Bas-
Office, est réunie au territoire de la
République, et fait partie du départe-
ment de la Moselle.

ART. 3. Les communes du pays
de Saarwerden et de Harshkerich,
ainsi que celles d’Asweiller, sont ré-
unies au territoire de la République, et

1 Arch. parl., 1st series, vol. 58, p. 550.

February

The National Convention, firm in
the principles it has sanctioned by its
decrees of the 19th of November and
the 15th of December last, confirm-
ing the resolutions that they announce
of aiding and succoring all peoples
who may wish to conquer their own
liberty; upon the free and formal vote
addressed to it by several foreign,
neighboring or enclosed communes
gathered in primary assemblies, and
making use of their inalienable right
oí sovereignty for the purpose of be-
ing united to France as integral parts:
of the Republic; after having heard
the report of its diplomatic commit-
tee, declares, in the name of the
French people, that it accepts this
vote, and consequently decrees as fol-
lows:

ARTICLE 1. The former princi-
pality of Monaco is united to the ter-
ritory of the French Republic, and
makes a part of the department of the
Maritime Alps.

Art. 2. The lower part of the
bailiwick of Schambourg, called the
Bas-Office, is united to the territory

of the Republic, and makes a part of

the Department of the Moselle.

Art. 3. The communes of the
country of Saarwerden and of
Harschkerich, as well as those of As-
weiller, are united to the territory of
the Republic, and will be divided be-

BELGIAN COMMUNES AND THE RHINE VALLEY, 1793

seront réparties entre les départements
du Bas-Rhin, de la Moselle et de la
Meurthe, suivant le mode qui sera
déterminé par un décret particulier.

ART. 4. Les communes de Cré-
hange, Puttelange, Pontpierre et de la
partie allemande de Teting; les com-
munes de Trulben, Koepen, Hilscht-
Schvex, Eppenbrunnen, Oberstein-
bach, Lutzelhart et Armsberg, sont
réunies au territoire de la République,
et font partie du département de la
Moselle.

Art. 5. Les demandes, en réu-
nion, faites par diverses autres com-
munes ou par des corps administra-
tifs, sont ajournées jusqu'à ce qu'il
soit parvenu de nouveaux renseigne-
ments.

ART. 6. Les corps administratifs
des départements auxquels sont ré-
unies les susdites communes par le
présent décret, fourniront à la Con-
vention nationale tous les éclaircisse-
ments nécessaires pour qu'elle puisse
fixer, dans le plus bref délai, le mode
d'incorporation de ces communes, et
pour lui faire connaître la nature des
biens nationaux qui en dépendent.
La Convention nationale met ces
biens, ainsi que toutes les propriétés
comprises dans le territoire des com-
munes nouvellement réunies, sous la
sauvegarde de la nation et des lots.

317

tween the departments of the Lower
Rhine, the Moselle and the Meurthe,
following the method which shall be
determined by a special decree.

ART. 4. ‘The communes of Cré-
hange, Puttelange, Pontpierre and the
German part of Teting; the com-
munes of Trulben, Koepen, Hilscht-
Schvex, Eppenbrunnen, Oberstein-
bach, Lutzelhart and Armsberg are
united to the territory of the Repub-
lic, and make a part of the department
of the Moselle.

ART. 5. The requests for union
made by several other communes or
by administrative bodies, are deferred
until fresh information shall have
come to hand.

ART. 6. The administrative bod-
ies of the departments to which the
above named communes are united
by the present decree, will furnish
to the National Convention all the
necessary explanations in order that
the mode of incorporation of these
communes may be fixed with the
least possible delay, and that it may
be informed of the nature of the
national lands which form a part of
them. The National Convention
places these lands, as well as all prop-
erties comprised within the territory
of the communes just united, under
the safeguard of the nation and of the
laws.

318

DOCUMENTS

Proclamation to the Belgian People by the Commissioners of the French

National Convention, Delacroix, Gossuin and Merlin (de Douas).

ruary 19, 1793 !

AU NOM DE LA REPUBLIQUE
FRANCAISE

LES MEMBRES DE LA CONVENTION
NATIONALE DE FRANCE, SES COM-
MISSAIRES PRES L'ARMÉE ET DANS LES
PAYS DE LA BELGIQUE, LIÈGE, ETC.,

. AU PEUPLE BELGE.

Des hommes qui jusqu’à ce jour ont
éternisé la misère et l’anéantissement
de la classe industrieuse, ne négligent
rien pour vous exciter contre les Fran-
cais, et vous faire rentrer sous le joug
autrichien. Ils ne rougissent pas de
nous calomnier avec impudence, de
nous peindre comme des athées, des
cannibales qui foulent aux pieds les
lois divines et humaines.

Les Frangais, des athées et des can-
nibales! . . . eux qui, des 1789, ont
proclamé les Droits de l’homme, sous
les auspices de l'Etre supréme! eux
qui, des 1790, ont juré une paix im-
mortelle à tous les peuples de la terre,
et mis en pratique cette belle maxime
du fils de Dieu: il faut aimer son pro-
chain comme soi-même! . . . Les
Français fouler aux pieds les lois di-
vines et humaines! . . . eux qui rap-
pellent ces beaux jours de l'Eglise
primitive, où les ministres du culte,
choisis par les chrétiens, au lieu
d'étaler un faste insolent, retradaient
dans une vie sainte et frugale toute la
modestie des apôtres.

1 Arch. parl., lst series, vol. 59, p. 175.

Feb-

IN THE NAME OF THE
FRENCH REPUBLIC

THE MEMBERS OF THE NATIONAL
CONVENTION, ITS COMMISSIONERS
WITH THE ARMY AND IN THE COUN-
TRIES OF BELGIUM, LIEGE, &c., .. .
TO THE BELGIAN PEOPLE:

Men who up to this day have per-
petuated the misery and ruin of the
industrial classes are neglecting noth-
ing to excite you against the French
and make you return under the Aus-
trian yoke. They do not blush to
calumniate us with effrontery, to de-
pict us as atheists, as cannibals who
trample under foot laws human and
divine.

Frenchmen atheists and cannibals!
. . . they who, since 1789 have pro-
claimed the Rights of Man, under the
auspices of the Supreme Being! they
who, since 1790 have vowed immortal
peace for all the peoples of the earth,
and put in practice that noble maxim
of the Son of God; Love thy neighbor
as thyself! . . . Frenchmen trample
under foot laws human and divine!

. . they who are recalling the great
days of the primitive Church, when
the ministers of religion, chosen by
Christians, instead of displaying inso-
lent pomp, revived all the modesty of
the apostles by a holy and frugal life.

i

BELGIAN COMMUNES AND THE RHINE VALLEY, 1793 319

Tout rappelle en France les premiers
siecles du catholicisme. Les citoyens
conimencent a goúter le vertueux plai-
sir de la fraternité. Les pauvres, ces
enfants chéris du héros de l'Evangile,
ne sont plus un objet de dédain. Les
hommes se rapprochent, s'aident mu-
tuellement, s'exhortent à la pratique
des vertus sociales, donnent leur su-
perflu, quelquefois leur nécessaire, aux
hommes moins heureux ou plus infor-
tunés. Des chanoines, des abbés, des
prieurs n'attirent plus à eux toutes les
richesses ; le Sauveur de monde ne les
avait pas établis; il n'avait institué
pour precher la sublime morale, que
des apótres et des disciples, c'est-á-
dire des éveques, des curés, des vi-
caires; et il avait prononcé anathéme
sur les faux prophétes, sur les hommes
qui oseraient imiter les pharisiens, sur
les prétres indignes, dont l'avarice met-
tait le salut du monde a l'encan.

“ Ministres de Dieu, s’ecrie le
prophete Isaie, vous serez appelés;
prêtres du Seigneur, vous serez nom-
més; vous vous enorgueillirez de leur
gloire; mais, pour votre double honte
et votre double confusion, les nations
reprendront leur héritage. Remis en-
tre leurs mains, leurs moyens de pros-
périté doubleront, et je serai au milieu
d'eux, dit le Seigneur; parce que je
hais la rapine et l'argent dans les
prêtres et le sacerdoce.”

Ouvrez la Bible, hommes égarés par
les hypocrites qui corrompent la mo-
rale de l’Evangile, qui perdent la re-

In France all things recall the first
centuries of Catholicism. Citizens
are beginning to enjoy the virtuous
pleasure of fraternity. The poor,
those cherished children of the hero
of the Gospels, are no longer objects
of disdain. Men approach each
cther, mutually aid each other, exhort
each other to the practice of social
virtues, give of their surplus, some-
times of their necessity, to men less
happy or more unfortunate. Canons,
abbés, priors no longer draw all
wealth to themselves; the Savior of
the world did not create them; he had
instituted to preach his sublime
morality only apostles and disciples,
that is to say, bishops, curates and
vicars; and he pronounced anathema

upon false prophets, upon men who

dared to imitate the Pharisees, upon
unworthy priests, whose avarice put
the salvation of the world up at auc-
tion.

“ Ministers of God,” cries the
prophet Isaiah, ‘ you shall be called;
you shall be named the priests of the
Lord; you shall possess yourselves of
the wealth of the nations, and in their
glory shall you boast yourselves; but
for your double shame and your
double confusion, the nations shall
take back their heritage. In their
hands shall their ways of prosperity
double, and I will be in the midst of
them, saith the Lord; for I hate rob-
bery and riches among priests and the
priesthood.”

Open the Bible, ye men led astray
by hypocrites who corrupt the morals
of the Gospel, who ruin religion, who

320

ligion, qui déshonorent l'Eglise;
ouvrez la Bible, et vous y lirez l'arrêt
équitable et foudroyant que nous
venons de citer.

Ah! sans doute il doit être las, ce
Dieu, de voir depuis si longtemps la
honteuse faiblesse des uns, et l'exécra-
ble tyrannie des autres. Il doit étre
las de voir les artisans et les laboureurs
ne travailler que pour ramper aux
pieds de leurs semblables, et pour ali-
menter les vices du plus petit nombre.
Il doit étre las de voir qu'une poignée
d'individus abuse de son nom pour
désoler, appauvrir, humilier ses créa-
tures. Il est las, ce Dieu, d'être le
complice de vos oppresseurs. C'est
lui qui vient de réveiller les nations
endormies, et de sonner l'heure der-
niére des tyrans.

Les rois de la terre, a-t-il dit par
l'organe du prophète déjà cité, seront
assemblés en troupe comme des pris-
onniers, jetés dans des fosses et des
cachots. Il a livré leurs armées pour
être tuées ; elles tomberont comme la
feuille de la vigne. . . . Il n’y aura
plus de royaumes, et tous les gouverne-
ments seront réduits à rien.

Eh! n'avons-nous pas été assez
heureux pour voir accomplir cette
étonnante prédiction ?

Il faut être aussi perfide qu’un
pharisien du siècle, pour oser mécon-
naître le doigt de la Providence dans
les succès inouis de notre République.
Cette armée innombrable, accourue du
fond du Nord pour écraser la nation
française, obligée de se replier hon-
teusement après quelques succès dus

DOCUMENTS

dishonor the Church; open the Bible
and you will read there the just and
blasting judgment that we have just
cited.

Ah! doubtless he must be weary,
this God, to witness for so long a time
the shameful weakness of some and
the execrable tyranny of others. He
must be weary to see artisans and
laborers working only to crawl at the
feet of their fellows, and to feed the
vices Of the minority. He must be
weary to see that a mere handful of
persons abuse his name to afflict, im-
poverish, humiliate his creatures. He
is weary, this God, of being the ac-
complice of your oppressors. It is
he who comes to waken the sleeping
nations, and to sound the last hour of

- tyrants.

The kings of the earth, he has said
by the mouth of the prophet already
quoted, shall be assembled in a troop
like prisoners, thrown into ditches and
dungeons. He has delivered their
armies to be killed; they shall fall like
the leaves of the vine. . . . There
shall be no more kingdoms, and all
governments shall be reduced to
nothing.

Ah! have we not been so happy as
to see the accomplishment of this as-
tonishing prophecy ?

One must be as false as a mod-
ern pharisee, to dare to mistake the
finger of Providence in the unheard
of successes of our Republic. This
innumerable army rushing from the
depths of the North to overwhelm
the French nation, obliged to retire
shamefully after a few successes due

BELGIAN COMMUNES AND THE RHINE VALLEY, 1793 321

a la trahison, expirant de faim et de
maladies dans les lieux qui furent le
théâtre de ses brigandages et de ses

. cruautés; le drapeau national planté

sur la cime des Alpes, et déployant ses
trois couleurs jusqu'aux bords de la
Meuse et du Rhin; des montagnes in-
accessibles, emportées d’assaut; de
vieux soldats retranchés derrière ces
collines effrayantes, obligés de fuir
devant une jeunesse inaguerrie; le
Hainaut, la Flandre, le Brabant, le
pays de Liège, occupés par les armées
françaises; l'esprit de vertige qui
s'empare de tous les rois de la terre;
les fautes, les crimes dont ils comblent
la mesure; l'assassinat dont le prince
de Rome, indigne successeur de Saint-
Pierre, vient de se rendre coupable;
cette France debout et encore vivante
après quatre années de révolutions,
inépuisable en hommes, en ressources,
en vertus, ne comptant plus ses jours
que par des actions miraculeuses et
des traits de patriotisme étonnants.
. . . Quoi, Belges! rien n'a pu vous
dessiller les yeux? Vous osez mécon-
naitre dans cette longue série de prodi-
ges, la main du Tout-Puissant, les
effets de la justice divine, de la ven-
geance de l’Eternel qui accomplit en-
fin ses promesses, et donne á la terre
ce bonheur promis depuis si long-
temps. ... Non... non, les hommes
ne sont pas jetés ici-bas pour le bon
plaisir de quelques brigands privi-
légiés. Les maux de l'espece humaine
durent depuis quatre mille ans; il est
temps que le régne des despotes finisse,
et que celui des opprimés commence.
Peuple belge! il dépend de vous de

to treason, dying of hunger and dis-
ease in the places that were the the-
atre of their brigandage and cruelty ;
the national flag planted on the sum-
mit of the Alps, and displaying its tri-
color even to the banks of the Meuse
and the Rhine; inaccessible moun-
tains taken by assault; veteran sol-
diers intrenched behind these steep
hills obliged to flee before untrained
youth; Hainault, Flanders, Brabant,
Liège occupied by the French armies;
the madness which possesses all the
kings of the earth; the mistakes, the
crimes with which they heap the
measure; the assassination of which
the prince of Rome, unworthy suc-
cessor of Saint Peter, has recently
made himself guilty; this France,
standing still alive after four years
of revolutions, inexhaustible in men,
in resources, in virtue, counting her
days only in marvellous deeds and
astonishing signs of patriotism.

. +. . What, Belgians! could nothing
unseal your eyes? Do you dare to
deny the hands of the Omnipotent in
this long series of prodigies, the ef-
fects of divine justice, of the venge- :
ance of the Eternal who at length ac-
complishes his promises, and gives the
world the happiness promised so long
ago. ... No... no, men are not
thrown here below for the good pleas-
ure of a few privileged brigands.
The sufferings of the human race have
lasted for four thousand years: it is
time that the reign of despots should
end, and that of the oppressed begin.
Belgian people! it depends on you, to

322

faire, des ce moment, commencer le
votre. La Convention nationale de
France veut que vous soyez tous libres,
tous égaux en droits; et c'est á ce
grand but que tendent ses décrets si
astucieusement dénaturés, si auda-
cieusement calomniés par ces hommes
pervers qui cherchent à usurper votre
souveraineté, en feignant de la dé-
fendre: . . . Citoyens, le moment de
vous expliquer est arrivé. Le décret
du 31 janvier dernier vous a fixé un
délai pour déclarer si vous vouliez
étre nos amis ou nos ennemis : ce délai
expire, nous vous ferons connaitre in-
cessamment les jours et les lieux où
vous devrez en conséquence vous ré-
unir pour prononcer en souverains sur
votre sort.
Fait á Bruxelles, le 19 février 1793,
l'an II de la République française.
Signe: DELACROIX, GOSSUIN,
MERLIN (de Douai).

The Union of Brussels, Ghent and other Belgian Cities with France.

DOCUMENTS

begin yours from this moment. The
National Convention of France wants
you all to be free, all equal in rights;
and to this great end lead all their
decrees so cunningly denatured, so
boldly calumniated by those perverse
men who seek to usurp your sover-
eignty, while feigning to defend it.
. . . Citizens, the moment to declare
yourselves has come. The decree of
January 31 last, fixed a limit for
you to decide whether you wished to
be our friends or our enemies: this
limit is expiring, and we shall make
known to you immediately the days
and places when and where you must
consequently come together to pro-
nounce as sovereigns upon your des-
tiny.

Done at Brussels, February 19,
1793, Year II of the French Republic.

(Signed): DELACROIX, GOSSUIN,

MERLIN (de Douai).

Extracts

from the Minutes of the National Convention. February 27—March 2,

1793 1
CONVENTION NATIONALE
Séance du mercredi 27 février 1793
PRÉSIDENCE DE DUBOIS-CRANCÉ,
président. . . .
PRIEUR (de la Marne), secrétaire,

reprend la lecture des lettres, adresses
et pétitions envoyées à l’Assemblée :

1 Arch. parl., 1st series, vol. 59, p. 296.

NATIONAL CONVENTION

Session of Wednesday, February 27,
1793

Dugois CRANCÉ, President, presid-
ing. . . .

PRIEUR (of the Marne) secretary,
resumes the reading of the letters, ad-
dresses, and petitions sent to the As-
sembly: . ..

BELGIAN COMMUNES AND THE RHINE VALLEY, 1793

. . . Lettre des citoyens Gossuin,
Merlin (de Doua), Camus et Dela-
croix, commissaires de la Convention
nationale dans la Belgique, qui an-
noncent que le peuple de Bruxelles,
dans une réunion tres nombreuse,
a voté sa réunion á la France; cette
lettre est ainsi conçue:

‘ Bruxelles, le 25 février 1793.

“* Citoyens nos collègues, le peuple
de la ville de Bruxelles vient de voter
sa réunion à la République frangaise.
L’Assemblée était nombreuse, et le
voeu a été unanime; il a été accom-
pagné de toutes les démonstrations de
la plus vive satisfaction. Le peuple
a envoyé une députation vers nous,
pour nous informer du résultat de
l’Assemblée : nous avons embrassé les
députés comme frères: on a crié à
lenvi: Vive la République française,
et vivent les 86 départements.

‘ Le canon tire, les cloches vont se
faire entendre; toute la journée se
passe en fêtes et en réjouissance; elle
sera terminée par des illuminations.

“ Nous ne vous dirons rien de plus,
pour laisser aux deputés du peuple,
qui vont se rendre près de la Conven-
tion, la satisfaction de rendre tous les
détails d'une réunion aussi heureuse,
et votée avec autant d'empressement.

“ Signé: GossuIn, MERLIN (de
Douai) ; Camus, DELACROIX.”

A cette lettre est joint le procés-
verbal qui constate le vœu du peuple
de Bruxelles qui est ainsi conçu:

323

Letter from Citizens Gossuin, Mer-
lin (de Douai), Camus and Dela-
croix, Commissioners of the National
Convention in Belgium, which an-
nounces that the people of Brussels,
in a large assembly, have voted for
their union with France; this letter is
thus expressed:

“ Brussels, February 25, 1793.

“Citizens and colleagues, the peo-
ple of the City of Brussels have just
voted for their union with the French
Republic. The Assembly was large,
and the vote was unanimous; it was
accompanied by every demonstration
of the liveliest satisfaction. The
people sent a deputation to us to in-
form us of the result of the Assem-
bly; we embraced the deputies as
brothers; vying with each other they
shouted: ‘ Long live the French Re-
public, long live the 86 departments.’

“Cannon are thundering, the bells
are pealing; the whole day is being
spent in celebration and rejoicing; it
will end with illuminations.

“ We will tell you nothing more in
order to leave to the deputies of the
people, who are going to present
themselves before the Convention, the
satisfaction of giving all the details
of such a happy union, voted with so
much enthusiasm.

“ Signed: Gossuin, MERLIN (de
Douai) ; Camus, DELACROIX.” |

To this letter is attached the formal
minute which certifies the vote of the
people of Brussels, which is in these
terms :

324

Procès-verbal de l Assemblée tenue
à Bruxelles, le 25 février, 1793, Pan
II° des peuples libres, par le peuple de
cette ville et de sa banlieue, pour sol-
liciter de la Convention nationale sa
réunion à la France.

‘L'an II° des peuples libres, et le
25 février, à 10 heures du matin, le
peuple de la ville libre de Bruxelles et
de sa banlieue assemblé en très grand
nombre dans l'église de Saint-Michel
et Gudule conformément á la convo-
cation qui a été faite par le général
Moreton, commandant en chef le
Hainaut et le Brabant, laquelle a été
affichée et publiée aux termes du décret
de la Convention nationale, du 31 jan-
vier, pour émettre son vœu sur la
forme du gouvernement qui lui con-
vient le mieux; L. J. B. Lavalette,
lieutenant-colonel commandant le ba-
taillon des Lombards, ayant été chargé
par le général Moreton de la repré-
senter, et de remplir en son nom les
fonctions que le décret attribue aux
commandants militaires.

“* Lavalette a dit: Citoyens, c'est
en vertu de la réquisition des commis-
saires de la Convention nationale,
députés dans la Belgique, et d'apres les
ordres du général Moreton, que je
viens vous réunir par la lecture du
decret et de la proclamation. Vous
jugerez que l'objet qui vous rassemble
est le plus important dont un peuple
puisse s'occuper; vous allez prononcer
entre la liberté et l’esclavage; vous
allez choisir le gouvernement qui vous
convient le mieux; je vous engage à

DOCUMENTS

Formal Minute of the Assembly
held at Brussels, the 25th of Febru-
ary, 1793, Year II of the Free Peo-
ples, by the People of this City and its
suburbs, to beg of the National Con-
vention their Union with France.

“Year II of the Free Peoples, Feb-
ruary 25, at 10 o'clock in the morn-
ing, the people of the Free City of
Brussels and its suburbs assembled in
very large numbers in the church of
Saint Michael and Saint Gudule in
conformity with the summons which
was issued by General Moreton, Com-
mander-in-Chief in Hainault and Bra-
bant, which was posted and published
in the terms of the decree of the Na-
tional Convention of the 31st of
January, for the purpose of casting
their vote in regard to the form of
government which best suits them;
L. J. B. Lavalette, Lieutenant Colonel
commanding the battalion of the
Lombards, having been charged by
General Moreton to represent him,
and to fulfil in his name the functions
which the decree assigns to military
commanders.

“ Lavalette said: ‘ Citizens, by vir-
tue of the demand of the commission-
ers of the National Convention, sent
into Belgium, and according to the or-
ders of General Moreton, I come to
call you together by reading the decree
and the proclamation. You will un-
derstand that the object which brings
you together is the most important
with which a people can concern
themselves; you are to pronounce be-
tween liberty and slavery; you are
going to choose the government which

BELGIAN COMMUNES AND THE RHINE VALLEY, 1793

faire librement et avec courage le pre-
mier acte de souveraineté.

“Le discours du citoyen Lavalette
a été souvent interrompu par l'impa-
tience que l’Assemblée témoignait
d'émettre son vœu. La parole ayant
été donnée au citoyen Gonchon pour
un discours patriotique, et dont le but
était d'éclairer le peuple sur ses vrais
intérêts, malgré les applaudissements
dont les vérités qu'annongait le cito-
yen Gonchon étaient couvertes, il a
été impossible d’arreter l’ardeur des
citoyens; ils ont ordonné l’impression
du discours, et demandé à prononcer
un vœu sur lesquels ils ont assuré
qu'ils étaient assez instruits.

“Le citoyen Gonchon ayant ap-
plaudi à l’ordre du peuple, Lavalette
a dit: ‘Peuple de Bruxelles, votre
impatience est bien louable; mais il
faut, pour que les malveillants n'at-
taquent point votre suffrage, que vous
remplissiez les formes qui assurent la
liberté de vos décisions. Vous avez
un président et des secrétaires à élire:
Quel mode voulez-vous employer pour
l'élection? Le cri unanime a été par
acclamation, et surtout la réunion, la
réunion! La présidence est mise aux
voix: la grande majorité a porté le
citoyen J. B. C. Verlvoy qui, ayant
preté le serment, d'étre fidéle a la
liberté et l’égalité, a occupé la place.
L’Assemblee de suite ayant procédé à
l'élection des secrétaires, les citoyens

Grégoire Lorrenzo, A. Dubremy, G..

J. Claisères, J. Frangois Baret ont été
appelés au bureau; ils ont prêté le ser-

325

best suits you; I invite you to per-
form the first act of sovereignty
freely and with courage.”

“ The discourse of citizen Laval-
ette was frequently interrupted by the
impatience which the Assembly mani-
fested to cast its vote. Leave to
speak having been given to citizen
Gonchon in a patriotic discourse of
which the object was to enlighten the
people concerning their true inter-
ests, in spite of the applause with
which the truths that citizen Gonchon
uttered were greeted, it was impos-
sible to restrain the ardor of the citi-
zens; they ordered the printing of the
discourse, and demanded to cast the
vote concerning which they were sure
that they were sufficiently instructed.

“Citizen Gonchon having ap-
plauded the order of the people, Lava-
lette said: * People of Brussels, vour
impatience is most commendable ; but,
in order that the ill-disposed shall not
attack your vote, it is necessary that
you should observe all the formalities
that ensure the liberty of your deci-
sion. You have a president and sec-
retaries to elect. What method do
you wish to employ for the election? ?
The unanimous cry was by acclama-
ion, and above all union, union! The
presidency being put to vote, the
great majority voted for citizen ]. B.
C. Verlvoy who, having taken the
oath to be faithful to liberty and
equality, took his seat. The Assem-
bly having then proceeded to the elec-
tion of secretaries, citizens Grégoire
Lorrenzo, A. Dubremy, G. J. Clai-
seres, J. Francois Baret were sum-

326

ment. Le Président a proposé à l'as-
semblée, avant de procéder à émettre
le vœu, à prêter aussi le serment à la
liberté et à l'égalité. Les transports
les plus vifs se sont manifestés, et
l'église a retenti des cris de fidélité à
la liberté et à l’égalité,-vive la Répub-
lique française, vive la réunion.

“. .. Le président ayant rappelé
l'assemblée au recueillement, a répété,
au nom du peuple de Bruxelles et des
environs, le serment.

“. . . Le président ayant proposé
les différents modes de voter, en a de-
mandé le mode d'acclamation. Le
président ayant demandé si on con-
naissait bien l’objet de la délibération,
tous répondent, oui, oui; alors il pro-
pose que le peuple choisisse entre le
gouvernement aristocratique, qui com-
prend les anciens Etats et le gouverne-
ment autrichien et le démocratique.
Le vœu unanime a annoncé qu'on
voulait le démocratique. Il a proposé
ensuite de prononcer entre le gouver-
nement simplement libre, ou la réunion
départementale de la France.

“... Que ceux qui veulent la ré-
union à la France, a-t-il dit, passent à
gauche. Un cri spontané et universel
a déclaré vouloir la réunion; les bras
se sont levés; tous ont crié: “Nous
sommes Français; vive la France;
nous voulons la réunion”: Le prési-
dent répète le même cri; et alors le
vœu unanime, vive la République,
vive la réunion, se répète à l'envi.

‘ .. Un citoyen fait la motion

DOCUMENTS

moned to the office; they took the
oath. The President proposed to the
Assembly, before proceeding to cast
the vote, to take the oath of liberty
and equality also. The most eager
transports were manifested, and the
church rang with cries of fidelity to
liberty and equality, long live the
French Republic, long live the union.

“. . . The president having recalled
the Assembly to order repeated the
oath, in the name of the people of
Brussels and its environs.

“. . . The President having pro-
posed different methods of voting, the
method by acclamation was demand-
ed. The President having asked
whether they were perfectly informed
of the object of the deliberation, they
all replied “ Yes, yes”; he then pro-
posed that the people should choose
between the aristocratic government,
meaning the old States and the Aus-
trian government, and the democratic.
The unanimous vote announced that
they wished the democratic. He then
proposed that they decide between a
government simply free, or depart-
mental union with France.

“. . . Let those who desire the un-
ion with France, said he, pass to the
left.” A spontaneous and universal
cry declared the wish for union; arms
were raised; everybody cried out:
‘ We are French; long live France; we
want union’; The President repeats
the same cry; and then the unanimous
desire, ‘Long live the Republic, long
live the union, was repeated by every
one.

“. . . A citizen makes a motion that

BELGIAN COMMUNES AND THE RHINE VALLEY, 1793

qu'il soit envoyé à la Convention une
députation pour porter le voeu de ré-
union. Cette demande est adoptée a
l'unanimité. Les citoyens Rojure,
Chapel, Lavalette et Verlvoy ont éte
chargés de porter ce vœu à la Conven-
tion nationale. On a demandé une
nombreuse députation aux députés de
la Convention, commissaires dans la
Belgique. Chacun a crié: Nous
irons tous. On a proposé qu'un regis-
tre serait ouvert à tous ceux qui vou-
draient protester contre la réunion.
Un mouvement d'horreur allait faire
rejeter cette proposition, si on n'avait
dit qu'il ne fallait laisser aucune res-
source aux malveillants.

“... Sur la motion d’un citoyen,
Pon a arrêté que le procés-verbal de
cette séance serait imprimé, affiché et
envoyé à la Convention, aux 85 dé-
partements, aux commissaires de la
Convention, du conseil exécutif, aux
généraux, commandants, aux autori-
tés constituées et aux sociétés patrio-
tiques.

“... Un citoyen demande que
l’hymne des Marseillais termine la
séance, et que les cris de réunion, de
liberté et d'égalité se fassent entendre
dans toute la ville. (Adopté.)

“ .. Fait et clos a midi, et ont
signé.” (Vifs applaudissements.)

CAMBON. Dans une affaire aussi
importante, il faut soigneusement
examiner si le voeu a été librement
émis. Je demande que ce procés-
verbal soit renvoyé au comité de dé-
fense générale.

327

a deputation be sent to the National
Convention to carry the vote for
union. This demand was adopted
unanimously. Citizens Rojure,
Chapel, Lavalette and Verlvoy were
charged to carry this vote to the Na-
tional Convention. A large deputa-
tion to the deputies of the Convention,
the commissioners in Belgium, was
called for. Everybody cried: ‘We
will all go.” It was proposed fhat a
register should be opened for all those
who wished to protest against the
union. A movement of horror was
about to reject this proposition, if it
had not been said that no resource
should be left to the evil-disposed.

“. . . On motion of a citizen, it was
decided that the official report of this
session should be printed, posted and
sent to the Convention, to the 85 de-
partments, to the commissioners of
the Convention, to the Executive
Council, to the generals, command-
ants, the constituted authorities, and
patriotic societies.

“. . . A citizen asked that the hymn
oí the Marseillais should conclude the
session, and that the shouts of union,
liberty and equality should make
themselves heard throughout the city.
(Adopted.)

“. . + Done and concluded at noon,
and signed.” (Great applause.)

CAMBON. In so important a mat-
ter, it 1s necessary carefully to exam-
ine whether the vote was freely given.
I demand that the official report be
sent to the Committee of General De-
fence.

——.

328 DOCUMENTS

Plusieurs membres proposent que le
renvoi soit fait de préférence au
comité diplomatique.

(La Convention prononce le renvoi
de cette lettre et du procès-verbal au
comité diplomatique. )

CAMBON. Voila le moment heu-
reux ou le décret du 15 décembre, tant
calomnié, a fait triompher la démo-
cratie; mais ce décret n’est pas totale-
ment exécuté. Vos commissaires
vous envoient bien exactement le vœu
des villes; mais les commissaires na-
tionaux nommés par le conseil exécu-
tif, négligent de vous transmettre le
vœu des campagnes. Je suis étonné
que le conseil exécutif ne leur rap-
pelle pas ce devoir; cependant je sais
que vers le Namurois, presque toutes
les communes ont déjà voté pour leur

‘réunion. Je demande que le conseil

exécutif nous rende compte des opéra-
tions des commissaires nationaux en-
voyés dans la Belgique, et qu'il soit
tenu de nous transmettre les procès-
verbaux qui constatent le vœu de ces
peuples.

(La Convention nationale décrète
que le conseil exécutif provisoire en-
verra un de ses membres pour lus
rendre, demain à midi, compte des
opérations des commissaires par lui
envoyés dans les pays occupés par les
troupes de la République, et remettre
G la Convention les procès-verbaux de
réunion à la France demandées par
différents peuples.)

Several members propose that the
reference be made preferably to the
Diplomatic Committee.

(The Convention refers this letter
and the formal minute to the Diplo-
matic Committee. )

CAMBON. This is the happy mo-
ment when the decree of the 15th of
December, so much calumniated, has
brought about the triumph of democ-
racy; but this decree was not wholly
carried out. Your commissioners
send you very carefully the vote of
the cities; but the national commis-
sioners named by the Executive Coun-
cil, neglect to transmit to you the vote
of the country places. I am aston-
ished that the Executive Council does
not recall this duty to them; neverthe-
less I know that in the neighborhood
of Namur, nearly all the communes
have already voted for union. I de-
mand that the executive council give
us a report of the operations of the
national commissioners sent into Bel-
gium, and that it be held accountable
for transmitting to us the official re-
ports which certify the vote of those
people.

(The National Convention decrees
that the Provisional Executive Coun-
cil shall send one of its members at
noon to-morrow to render an account
of the operations of the commission-
ers sent by it into the places occupied
by the troops of the Republic, and to
transmit to the Convention the formal
minutes of the union with France
asked by different peoples.)

BELGIAN COMMUNES AND THE RHINE VALLEY, 1793

Séance du vendredi 1° mars 1793.

Lettre des commissaires de la Con-
vention dans la Belgique et le pays
de Liège par laquelle ils annoncent que
sur 330 communes qui composent la
province du Hainaut autrichien, 300
ont voté unanimement pour leur ré-
union à la France sous le nom de dé-
partement de Jemmapes: en voici
l'extrait :

“ Les commissaires nationaux, en-
voyés par le conseil exécutif dans le
ci-devant Hainaut autrichien, viennent
de nous rendre compte du résultat de
leurs opérations.

“Cette province est composée de
330 communes, et 300 ont émis leur
vœu unanime de leur réunion à la
France, pour former un des départe-
ments de la République, une et indi-
visible, sous le nom de département de
Jemmapes. Parmi les 30 autres,
quelques-unes, ou n’ont point émis de
vœu, ou ont déclaré adhérer à celui
de la majorité, quel qu’il füt, ou bien
n'ont pu, a raison de circonstances
particulières, s'assembler. Un très
petit nombre sur les 30 a émis un vœu
contraire à la réunion. Les députés
du pays partent demain pour vous
porter les procès-verbaux d'assemblée,
vous rendre compte de tous les détails,
et solliciter un décret de réunion qu'ils
sont très empressés d'obtenir; et ils
nous ont priés de vous engager à vous
rendre sans délai à leurs vœux. La
position du pays, sa langue, ses usages,
plus que tout cela, son empressement
à quitter ce nom de Hainaut autri-

329
Session of Friday, March 1, 1793.

Letter from the Commissioners
of the Convention in Belgium and
the District of Liège in which they
announce that out of 330 communes
which form the province of Austrian
Hainault, 300 have voted unanimous-
ly for their union with France under
the name of the Department of Jem-
mapes; the extract follows:

“ The national commissioners sent
by the Executive. Council into the
former Austrian Hainault, have just
given us an account of the results of
their operations.

“ This province is composed of 330
communes and 300 have given their
unanimous vote for union with
France, in order to make one of the
departments of the Republic, one and
indivisible, under the name of the De-
partment of Jemmapes. Among the
other thirty some have either not
given any vote at all, or have declared
they would adhere to that of the ma-
jority, whatever it might be, or have
not been able, from some particular
circumstances, to meet together. A
very small number out of the thirty
have given their vote against the
union. The deputies of the district
leave to-morrow to carry to you the
formal minutes of the assemblies,
to give you an account of all the
details, and to beg for a decree of
union which they are very anxious
to obtain, and they have begged us
to urge you to carry out their wishes
without delay. The position of the

330

chien, pour prendre celui de Jem-
mapes, nom mémorable á jamais dans
les fastes de l'histoire des peuples
libres, les assurent du succes de leur
demande.”

(La Convention renvote la lettre au
comité diplomatique.)

Lettre de Lebrun, ministre des af-
faires étrangères, qui fait passer a la
Convention:

1° Le procès-verbal de l'assemblée
communale du peuple libre de Dinant,
dans laquelle il a voté sa réunion à

la France, et d’être gouverné dès a
present par les lois frangaises;

29 L'adresse de la même ville à la
Convention ;

3° Le procès-verbal particulier de
la ville de Cuincy et de sa banlieue,
qui exprime le même vœu de réunion ;

4% La lettre du citoyen Bosque, qui
annonce la nouvelle d’un vœu sembla-
ble dans tout l’arrondisement et l’en-
voi prochain des procès-verbaux qui le
constatent.

(La Convention renvoie la lettre du
ministre et les pièces jointes au comité
diplomatique, chargé de faire inces-
samment son rapport.)

Une députation des citoyens de la
ville libre de Gand et de sa banlieue
se présente à la barre.

Le citoyen Meyer, orateur de la
députation, s’exprime ainsi:

“ Législateurs, des hommes perfides,

DOCUMENTS

country, its language, its customs,
and more than all that, its eagerness
to drop this name of Austrian
Hainault, in order to take that of
Jemmapes, a name forever memorable
in the annals of the history of free
peoples, ensure them success in their
demand.”

(The Convention refers the letter
to the Diplomatic Committee.)

Letter from Lebrun, Minister of
Foreign Affairs, which transmits to
the Convention:

1. The official record of the com-
munal assembly of the free people of
Dinant, in which they voted their
union with France, and their govern-
ment from the present time by French
laws;

2. The address of the same town
to the Convention;

3. The special official report of
the town of Cuincy and its suburbs,
expressing the same vote for union;

4. The letter of citizen Bosque,
who announces the news of a similar
vote in the whole district, and the
early transmission of the official re-
ports certifying it.

(The Convention refers the letter
of the Minister and the accompanying
papers to the Diplomatic Committee,
instructed to makc an immediate re-

port.)

A deputation of citizens from the
free city of Ghent and its suburbs
presents itself at the bar, CITIZEN
MEYER, the orator of the deputation,
speaks as follows:

“Legislators: malicious men, par-

BELGIAN COMMUNES AND THE RHINE VALLEY, 1793

des partisans de l'aristocratie nobi-
liaire et sacerdotale, de prétendus re-
présentants de la Flandre, se sont auda-
cieusement présentés á cette assemblée
auguste pour demander le rapport et
la révocation de votre décret des 15,
17 et 22 octobre dernier, sous le faux
prétexte qu'il blessait la souveraineté
du peuple; ils ont cru, les insensés, ils
ont cru pouvoir égarer votre sagesse,
et surprendre votre justice; mais leurs
coupables démarches n’ont produit
d'autre effet que la honte et l’opprobre
dont ils se sont couverts.

“ Législateurs, prononcez sur leur
sort, unissez à jamais à la France une
partie de la Belgique, que les rivalités
des tyrans qui la dominaient n'ont pu
rendre ennemie: nous jurons, au nom
des Flamands qui nous ont députés
vers vous, haine aux tyrans, amour au
peuple, union et fraternité à la nation
française.”

LE PRÉSIDENT. (Citoyens, ils ont
donc pris racine dans votre patrie les
principes purs de liberté, principes
dont la seule pensée était un délit aux
yeux des despotes, prêtres, rois et
nobles, qui, toujours en guerre entre
eux, mais constamment ligués contre
les peuples, ont souillé si longtemps
la terre des crimes de leur orgeuil.

La Convention nationale, déjà unie
de cœur avec le peuple belge, prendra
en grande considération l’objet de
votre mission; elle n'attend de son
comité diplomatique que les renseigne-

331

tisans of the priestly and noble
aristocracy, pretended representa-
tives of Flanders, boldly presented
themselves to this august assembly to
demand the report and the revoca-
tion of your decree of the 15th, 17th
and 23d of October last, under the
false pretext that it injured the
sovereignty of the people; they be-
lieved, the madmen, they believed
that they could mislead your wisdom
and take by surprise your justice;
but their guilty actions produced no
other effect than the shame and op-
probrium with which they were
covered.

“ Legislators, pronounce upon their
destiny, unite forever to France a part
of Belgium which the rivalries of
tyrants who have ruled it have not
been able to make your enemy; we
swear in the name of the Flemings
who have sent us to you, hatred to
tyrants, love to the people, union and
fraternity to the French nation.”

THE PRESIDENT. Citizens, the
pure principles of liberty have then
taken root in your country, principles
of which the thought alone was a
crime in the eyes of the despots,
priests, kings and nobles who, always
at war among themselves, but ever
leagued against the people, have so
long sullied the earth with the crimes
of their pride.

The National Convention, already
united at heart with the Belgian
people, will take into serious consid-
eration the object of your mission;
it awaits from its Diplomatic Com-

332

ments nécessaires pour sceller du sceau
de la justice, et de la plus douce fra-
ternité, l'incorporation de deux na-
tions qu'aucune puissance ne pourra
plus séparer.

La Convention vous invite à sa
séance.

CHARLIER, secrétaire, donne alors
lecture du procès-verbal de l'assemblée
des citoyens de la ville libre de Gand
et de sa banlieue ; il est ainsi conçu:

LIBERTÉ, EGALITÉ

Aujourd’hui, 22 février 1793, l'an
II° des peuples libres; le peuple de la
ville de Gand, et banlieue, assemblé en
grand nombre en l’église cathédrale de
Saint-Baron, d'apres la convocation
solennelle, et par écrit, faite par le
commandant Ferrand, répétée á plu-
sieurs reprises dans tous les carrefours
et dans la banlieue, à l’effet de dé-
libérer et de voter sur la forme de
gouvernement qui convient à la Flan-
dre orientale.

Le commandant de cette ville a ré-
pété à haute et intelligible voix sa
proclamation, et annoncé, au nom de
la République frangaise, paix et fra-
ternité. Ila ensuite déclaré, ainsi que
le citoyen Alexandre Courtois, com-
missaire national du pouvoir exécutif
dans la Flandre orientale, qu'ils ve-
naient assurer la liberté des suffrages
et qu'ils se retireraient au moment de
leur émission.

Alexandre Courtois a proposé de
nommer un président; toutes les voix
se sont réunies en faveur de Jacques-
Guillaume Meyer, homme de loi; il a
été proposé ensuite de nommer quatre

DOCUMENTS

mittee only the necessary information
to seal with the seal of justice and the
warmest fraternity, the incorporation
of the two nations which no power
shall longer separate.

The Convention invites you to its
session.

CHARLIER, secretary, then reads the
formal minute of the assembly of the
citisens of the free city of Ghent and
its suburbs; it is as follows:

LIBERTY AND EQUALITY

This day, the 22d of February,
1793, Year II of the free peoples;
the people of the City of Ghent and its
suburbs, assembled in large numbers
in the cathedral church of Saint
Baron, after the solemn summons,
made also in writing, by the Com-
mandant Ferrand and repeated sev-
eral times in all the squares and in the
suburbs, for the purpose of deliberat-
ing and voting upon the form of gov-
ernment which suits eastern Flanders.

The Commandant of this city re-
peated his proclamation in a loud and
clear voice, and in the name of the
French Republic, announced peace
and fraternity. He then declared, as
did Citizen Alexandre Courtois also,
National Commissioner of the execu-
tive power for eastern Flanders, that
they came to insure the liberty of
suffrage and that they would retire
at the moment of its being cast. -

Alexandre Courtois proposed the
nomination of a president: all voices
united in favor of Jacques-Guillaume
Meyer, lawyer; it was then proposed
to name four secretaries; Citizens

BELGIAN COMMUNES AND THE RHINE VALLEY, 1793

secrétaires; les citoyens Erasme Van-
der-Steene, du Booch, Antheunis,
Van-Straclen, ont été nommés par ac-
clamation; ils ont preté le serment
requis entre: les mains du president
comme il l’avait prêté à son tour entre
les mains du commissaire national. *

Alexandre Courtois fait un discours
éloquent et patriotique sur l’état poli-
tique de la Belgique, sur l'importance
des droits et des devoirs que les cito-
yens allaient exercer et remplir; et
sans influencer en rien les opinions, il
finit par une peinture touchante de la
liberté universelle.

Le président lui répond: Vous avez
parlé des droits du peuple en homme
qui a su les défendre; depuis long-
temps vous avez mérité l'estime des
Flamands, et par votre éloquence per-
suasive, et par la douceur de vos
mœurs. Je vous répète en leur nom
le témoignage de cette estime. (Vifs
applaudissements.) Alexandre Cour-
tots se retire.

Le président fait renouveler le ser-
ment de fidélite à la liberté et à
l'égalité, dans les formes prescrites
par le décret du 15; il est prêté a
l'unanimité. Ensuite il prévient l’as-
semblée qu'il y a un registre préparé
où les citoyens peuvent aller signer
leur renonciation à tous privilèges et
prérogatives. Il prononce un dis-
cours énergique sur les circonstances
actuelles, qui est souvent interrompu
par des applaudissements.

Il propose les différents modes de
voter; l’assemblée délibère de toutes
voix qu'il sera voté par acclamation.

333

Erasme Vander-Steene, du Booch,
Antheunis, and Van-Straclen, were
nominated by acclamation; they took
the required oath between the hands
of the president as he had taken it in
his turn between the hands of the na-
tional commissioner.

Alexandre Courtois gave an elo-
quent and patriotic discourse on the
political state of Belgium, on the
importance of the rights and duties
which the citizens were about to
exercise and fulfil; and without in any
way influencing opinions, he finished
with a touching picture of universal
liberty.

The President replied to him:
“ You have spoken of the rights of the
people as a man who knew how to
defend them; you have long merited
the esteem of the Flemings, both by
your persuasive eloquence and by the
gentleness of your manners. I re-
peat to you in their name the testi-
mony of that esteem.” (Great ap-
plause.) Alexandre Courtois retires.

The president orders a renewal of
the oath of fidelity to liberty and
equality, in the form prescribed by
the decree of the 15th. It was taken
unanimously. Then he notifies the
Assembly that there is a register pre-
pared to which citizens can go and
sign their renunciation of all privi-
leges and prerogatives. He delivers
an energetic discourse on present con-
ditions, which is frequently inter-
rupted by applause.

He proposes different methods of
voting; the. assembly decides unan-
imously that it will vote by accla-

334

Il demande ensuite si l’assemblee a
múrement réfléchi sur le choix du
gouvernement qu'elle doit adopter;
tous répondent ow. Il propose trois
formes de gouvernement, qu'il ex-
plique; l’ancienne et défectueuse con-
stitution, la république purement dé-
mocratique et indépendante, enfin,
l'union départementaire à la France;
il veut poser séparativement les ques-
tions; il propose que ceux qui vote-
ront pour l’union départementaire se
retirent à gauche, et ceux d'un avis
contraire à droite. Tout à coup, et
par un mouvement spontané, toute
l'assemblée adopte l’union départe-
mentaire; tous les bras sont levés,
toutes les voix crient ; Vive la France!
Nous sommes Français!

Le président répète lui-même ces
cris et salue la France au nom des
Flamands; il demande un instant de
silence et de recueillement sur le vœu
qui vient d’être émis; les cris de:
Vive la République française! vive
l'union! vive la liberté! se répètent en
chœur.

Plusieurs citoyens demandent que,
sans délai, le vœu qui vient d’être pro-
noncé soit porté à la Convention na-
tionale de France, et qu'il lui soit de-
mandé de faire de la Flandre orien-
tale un département sous la dénomi-
nation des Plaines du Nord. Cette
demande est arrêtée à l'unanimité; et
les citoyens Meyer, la Valeste et
Erasme Van-der-Steene, sont nommés
pour cette députation. Van-der-Lin-
den et de Neck sont aussi proposés.
(Applaudissements.)

DOCUMENTS

mation. He then asks if the as-
sembly has maturely reflected upon
the choice of the government that it
should adopt; all reply “ Yes.” He
proposes three forms of government,
which he explains; the old and de-

fective constitution, the republic,
purely democratic and independent,
finally, departmental union with

France; he desires to put the ques-
tions separately; he proposes that
those who vote for departmental union
shall pass to the left, and those of
contrary opinion to the right. Sud-
denly, by a spontaneous movement,
the entire assembly adopts depart-
mental union; all arms are raised, all
voices cry: “Long live France!
We are Frenchmen! ”

The president himself repeats these
shouts and salutes France in the name
of the Flemings; he calls for a
moment of silence and meditation
upon the vote which has just been
given; cries of “ Long live the French
Republic! long live the Union! long
hve Liberty!” are repeated in chorus.

Several citizens demand that with-
out delay the vote which has just
been pronounced shall be carried to
the National Convention of France,
and that it be asked to make eastern
Flanders a department under the
denomination of Plaines du Nord.
This demand is unanimously agreed
upon; and citizens Meyer, la Valeste
and Erasme Van-der-Steene, are
named for this deputation. Ven-der-
Linden and de Neck are also pro-
posed. (Applause.)

BELGIAN COMMUNES AND THE RHINE VALLEY, 1793

L'union prononcée sans retour et
sans condition, on propose de charger
les députés de prier la Convention na-
tionale de déclarer que le papier mon-
nayé ou assignats de la République
française n'aura point d'effet rétro-
actif, comme nos frères et amis les
Liégeois Pont desiré.

On propose une fête. (Adopte.)

Un citoyen demande que le procès-
verbal de cette séance soit imprimé, et
envoyé à la Convention nationale, à
ses commissaires dans la Belgique, aux
commissaires nationaux du pouvoir
exécutif, aux généraux d'armée et
commandants de place dans la Flan-
dre, aux quatre-vingt-cing départe-
ments, aux autorités constituées, et
sociétés patriotiques de la Belgique et
du pays de Liège. (Adopte.)

Le président, au nom de l'assemblée,
après en avoir recueilli le vœu, an-
nonce qu'il sera ouvert dans tout le
jour un registre où tous les citoyens
qui voudraient protester, et ceux qui
voudraient émettre un vœu différent
de celui qui vient d’être prononcé sur
la réunion, pourront inscrire leur dé-
claration.

Le citoyen Antoine de Nève a été
proposé et agréé pour requérir la mu-
nicipalité de tenir ce registre ouvert, et
de le remettre au président dans les 24

heures.
= Le citoyen de Moor demande à pou-
voir voler aux frontières à la tête de
1,000 sans-culottes. (Vifs applau-
dissements.) |

335

Union declared without recall and
without condition, it is proposed to
charge the deputies to beg the Na-
tional Convention to declare that the
paper money or assignats of the
French Republic shall have no re-
troactive effect, as our brothers the
people at Liege have desired.

A celebration is proposed. (Adopt-
ed.)

A citizen asks that the formal min-
ute of this meeting shall be printed
and sent to the National Convention,
to its commissioners in Belgium, to
the national commissioners of the
executive power, to the generals of
the army and commandants of towns
in Flanders, to the eighty-five depart-
ments, to the constituted authorities,
and the patriotic societies of Bel-
gium and the district of Liège.
(Adopted.)

The President, in the name of the
Assembly, after having taken the vote,
announces that there will remain open
all day a register in which citizens
who may wish to protest, and those
who wish to give a different vote
from that which has just been
pronounced in regard to union, may
inscribe their declaration.

Citizen Antoine de Nève was pro-
posed and accepted to require the
Municipality to keep this register
open, and to send it to the President
within 24 hours.

Citizen de Moor asks permission to
fly to the frontiers at the head of 1000
sans-culottes. (Great applause.)

336

Fait et clos les jour et an susdits, à
dix heures du matin.

Signé: J.G. MEYER, président; E.
VANDER-STEENE, secrétaire; J. J.
ANTHEUNIS, J. J. VAN-STRACLEN,
secrétaire; DUBOSCH, secrétatre.

Je soussigné, commissaire national
dans la Flandre orientale, certifie que
les signatures des citoyens Meyer,
Vander-Steene, Antheunis, Van-
Straclen et Dubosch sont vraiment
celles de ces citoyens.

A Gand, ce 23 février, l’an II de la
Republique frangaise.

Signe: ALEXANDRE COURTOIS.

Nous soussignes, officiers munici-
paux, de la ville libre de Gand,
charges de recueillir les protestations
que les citoyens de cette ville auraient
pu faire contre la légalité du vœu
pour la reunion de cette ville et ses
banlieues à la République frangaise,
spontanément et librement émis par le
peuple souverain, en date de hier, cer-
tifions que personne ne s’est présenté,
soit pour protester, soit pour contre-
dire, en quelque maniére que ce puisse
être, ledit vœu du peuple. En foi de
quoi nous avons signé.

A Gand, le 23 février 1793, à midi,
l'an II de la République française.

Signé: J. CrisPAL, B. VAN-WAU-
BEKE.

Je soussigné, commissaire national
dans la Flandre orientale, certifie que
les signatures ci-dessus sont véritable-
ment celles des citoyens Van-Waubeke
et Crispal, officiers municipaux en
cette ville.

DOCUMENTS

Done and concluded the above day
and year at 10 o'clock in the morn-
ing.

(Signed) J. G. MEYER, President;
E. VANDER-STEENE, J. J. ANTHEU-
NIS, J. J. VAN-STRACLEN, DuBoscH,
Secretaries. |

I the undersigned, National Com-
missioner in Eastern Flanders, certify
that the signatures of Citizens Meyer,
Vander-Steene, Antheunis, Van-Strac-
len, and Dubosch are actually those of
these citizens.

At Ghent, this 23d of February,
Year II of the French Republic.

(Signed) ALEXANDRE COURTOIS.

We the undersigned, municipal of-
ficers of the Free City of Ghent,
charged with receiving the protests
that the citizens of this city might
make against the legality of the vote
for the union of this city and its
suburbs with the French Republic,
spontaneously and freely given by the
sovereign people, under date of
yesterday, certify that no one has
presented himself, either to protest or
to contradict, in any manner what-
soever, the said vote of the people.
In witness whereof we have signed.

Ghent, the 23d day of February,
1793, Year II of the French Republic.

(Signed) J. CrispaL, B. VAN-
WAUBERE,

I the undersigned, National Com- .
missioner in Eastern Flanders, certify
that the above signatures are actually
those of Citizens Van-Waubeke and
Crispal, municipal officers of this city.

BELGIAN COMMUNES AND THE RHINE VALLEY, 1793

A Gand, le 23 février, Pan II de la
République française.

Signé: ALEXANDRE COURTOIS.

(La Convention décrète que le dis-
cours des députés belges, la réponse
du président, ainsi que le procès-verbal
de l'assemblée des citoyens de Gand
seront insérés au Bulletin, imprimés
et renvoyés aux départements et aux
armées. )

Les quatre députés belges entrent
dans la salle; ils reçoivent du président
le baiser fraternel; on les couvre d’ap-
plaudissements. . .

CARNOT, au nom du comité diplo-
matique, fait un rapport et présente un
projet de décret pour déclarer que la
Convention accepte le vœu librement
émis des ville, faubourgs, et banlieue
de Bruxelles pour leur réunion a la
République française; il s'exprime
ainsi :

Citoyens, vous avez ordonné que
votre comité diplomatique vous ferait
un prompt rapport sur le vœu que les
citoyens de Bruxelles viennent d'émet-
tre pour leur réunion à la République
française. Ce vœu vous était connu
depuis longtemps, ainsi que celui de
Mons, de Gand, de Liège, et d'un nom-
bre immense d'autres communes du
Hainaut et de la Belgique ; mais aucun
d'eux ne vous était parvenu jusqu'à ce
moment, revêtu des formes légales qui
garantissent la liberté entière et l’au-
thenticité d’un acte aussi solennel:
celui de la ville de Bruxelles et de sa
banlieue vous est enfin arrivé, et votre
comité diplomatique vous propose la
réunion immédiate de cette grande et

337

Ghent, the 23d February, Year II
of the French Republic.

(Signed) ALEXANDRE COURTOIS.

(The Convention decrees that the
discourse of the Belgian deputies, the
reply of the president, as well as the
oficial report of the assembly of the
citisens of Ghent shall be inserted in
the Bulletin, printed and sent to the
departments and to the armies.)

The four Belgian deputies enter the
hall; they receive from the president
the fraternal kiss; they are greeted
with applause... .

CARNOT, in the name of the Diplo-
matic Committee, makes a report and
presents a draft of a decree to declare
that the Convention accepts the vote
freely given by the city, outskirts and
suburbs of Brussels for their union
with the French Republic; he speaks
as follows:

Citizens, you ordered that vour
Diplomatic Committee should make a
prompt report to you upon the vote
that the citizens of Brussels have just
given for their union with the French
Republic. This vote has been known
to you for a long time, as well as that
of Mons, of Ghent, of Liège, and of
an immense number of other com-
munes of Hainault and Belgium: but
none of them up to this moment have
come to you clothed in the legal forms
which guarantee the complete liberty
and authenticity of an act so solemn:
that of the city of Brussels and its
suburbs has at last reached you and
your Diplomatic Committee proposes
to you the immediate union of this

338

superbe cité au territoire de la Répub-
lique. . . .

Votre comité diplomatique vous a
déjà présenté le développement des
principes d'intérêt et de justice qui
doivent étre les guides d'un peuple
libre en matière de réunion; il ne
s'agit donc plus que d’applications par-
ticulières.

Le procès-verbal de l'assemblée
primaire, qui réunissait les citoyens
de Bruxelles et de sa banlieue, annonce
un enthousiasme que je tenterais
vainement d'exprimer : le vœu pour la
réunion a été unanime, l’impatience
des citoyens n’a pas permis de l’émet-
tre autrement que par des acclama-
tions réitérées, et des cris de: Vive la
République française, vive la réunion.
Des illuminations, des fêtes publiques,
des salves d'artillerie et le bruit des
cloches, ont attesté l’allégresse des cito-
yens; on a juré l'abolition de la tyran-
nie: jamais vœu ne fut plus libre;
jamais serment ne fut plus solennel.

Je n'examinerai pas quels peuvent
étre les intéréts respectifs des deux
peuples à la réunion désirée: dans ce
moment un seul doit nous fixer, la
gloire nationale, l’engagement que
nous avons pris d'aider et défendre
tous les peuples qui veulent con-
quérir leur liberté. Bruxelles ne peut
conserver la sienne sans nous; c'en est
assez; de ce moment Bruxelles est
Frangaise.

Citoyens, vous étes impatients de
prononcer ce décret, qui va porter le
coup mortel á vos ennemis. Votre
comité vous le propose en ces termes:

DOCUMENTS

great and superb city with the terri-
tory of the Republic. . . .

Your Diplomatic Committee has
already presented to you the develop-
ment of the principles of interest and
of justice which must be the guides
of a free people in the question of
union; we are therefore concerned
only with special applications.

The formal minute of the primary
assembly, which brought together the
citizens of Brussels and its suburbs,
shows an enthusiasm which I should
in vain attempt to express; the vote
for union was unanimous, the im-
patience of the citizens would not per-
mit that it be given otherwise than by
reiterated acclamations, and shouts of
“ Long live the French Republic, long
live the union.” Illuminations, public
celebrations, salvos of artillery and
the sound of bells, attested the joy of
the citizens; they swore to abolish
tyranny; never was a vote more free;
never was an oath more solemn.

I will not examine into what may
be the respective interests of the two
peoples in the desired union; at this
moment one alone should determine
us, the national glory, the vow we
have taken to aid and defend all
peoples who desire to conquer liberty
for themselves. Brussels can not
keep hers without us; that is enough;
from this moment Brussels is French.

Citizens, you are impatient to pro-
nounce this decree, which will strike
a mortal blow at your enemies.
Your committee proposes it to you in
these terms:

BELGIAN COMMUNES AND THE RHINE VALLEY, 1793

“La Convention nationale, après
avoir entendu le rapport de son comité
diplomatique, sur le vœu librement

émis par le peuple souverain des ville,

faubourgs et banlieue de Bruxelles,
dans leur assemblée primaire, pour
leur réunion à la République fran-
çaise, décrète ce qui suit :

ART. 1°. “La Convention na-
tionale déclare, au nom du peuple
français, qu’elle accepte le vœu, et
qu’en conséquence les ville, faubourgs
et banlieue de Bruxelles, sont partie
intégrante de la République.

ART. 2. “Les commissaires de la
Convention nationale, envoyés dans la
Belgique, sont chargés de prendre pro-
visoirement toutes les mesures néces-
saires pour l'exécution des lois de la
République française, dans les ville,
faubourgs et banlieue de Bruxelles,
ainsi que de recueillir et transmettre
à la Convention tout ce qui peut lui
servir à déterminer dans le plus bref
délai possible le mode de réunion.”

(La Convention adopte ce projet de
décret). . ..

Séance du samedi 2 mars 1793.

CARNOT, au nom du comité diplo-
matique, fait un rapport et présente
un projet de décret pour déclarer que
le nom de département de Jemmapes;
grante du territoire de la République
et formera un 86° département, sous
le nom de département de Jemmapes ;
il s'exprime ainsi:

Citoyens, les communes du Hainaut
ci-devant autrichien, viennent enfin de

339

“The National Convention, after
having heard the report of its Dip-
lomatic Committee, concerning the
vote freely given by the sovereign
people of the city, outskirts, and
suburbs of Brussels, in their primary
assembly, for their union with the
French Republic, decrees as follows:

ARTICLE 1. “The National Con-
vention declares, in the name of the
French people, that it accepts the vote,
and that consequently the city, out-
skirts and suburbs of Brussels are in-
tegral parts of the Republic.

ART. 2. “The commissioners of
the National Convention sent into Bel-
gium, are charged to take provisionally
all the measures necessary for the
execution of the laws of the French
Republic in the city, outskirts, and
suburbs of Brussels, and also to
gather and transmit to the Conven-
tion all that may be of use to it in
determining the manner of union, in
the shortest possible time.”

(The Convention adopts this draft
decree). . .. °

Session of Saturday, March 2, 1793.

CARNOT, in the name of the Diplo-
matic Committee, makes a report and
presents a draft of a decree to declare
that the country of Hainault forms
an integral part of the territory of
the Republic and will make the 86th
department under the name of the De-
partment of Jenımapes; he expresses
himself as follows:

Citizens, the communes of Hain-
ault formerly Austrian, have at

340

secouer le joug honteux que leur im-
posaient depuis si longtemps les des-
potes de Hongrie et de Bohème; elles
se sont déclarés libres et souveraines ;
en cette qualité elles ont délibéré
sur le régime qu'il leur convenait
d'adopter ; celui d’une liberté à la fran-
çaise, c'est à dire d'une liberté pleine,
sans restriction, leur a paru meilleur :
elles ont voté avec enthousiasme leur
réunion à la République.

Mons, Ath, Lenze, Enghien, Jem-
mapes, sont du nombre de ces com-
munes. Sur trois cent trente, deux
seulement ont montré quelques re-
grets pour leur ancienne constitution,
et treize auraient préféré un gouverne-
ment particulier et pourtant libre:
mais l'immense majorité des citoyens
veut être francaise; elle réclame de la
loyauté nationale l'exécution des dé-
crets par lesquels nous promettons se-
cours et fraternité à tous les peuples

qui veulent être libres; vous ne pour- '

riez vous y refuser sans ternir- la gloire
que vos armes vous ont acquise dans
ces contrées.

Les mêmes raisons qui vous ont
déterminés pour Bruxelles s’appli-
quent à tous les pays du Hainaut, leur
vœu a été émis avec la même liberté,
la même unanimité de suffrages, les
mêmes transports; ce pays a de plus
l'avantage de la proximité et de la fa-
cilité des secours; il offre l’etendue et
la population d’un vaste département,
et présente des ressources qui, dévelop-
pées par le génie de la liberté, devien-
dront immenses. En ce moment, il

DOCUMENTS

length thrown off the shameful yoke
which the despots of Hungary and
Bohemia have so long imposed upon
them; they have declared themselves
free and sovereign; in this capacity
they have considered the form of gov-
ernment which it suits them to adopt;
that of a French liberty, that is, a
complete liberty without restriction,
seemed best to them; they have voted
enthusiastically their union with the
Republic.

Mons, Ath, Lenze, Enghien, Jem-
mapes,. are among the number of
these communes. Out of three hun-
dred and thirty, two only showed any
regret for their ancient constitution,
and thirty would have preferred a
separate government but free never-
theless; but the immense majority of
the citizens wish to be French; they
demand of our national loyalty the
execution of decrees by which we
promise help and fraternity to all the
peoples who desire to be free; you
could not refuse it without tarnish-
ing the glory that your arms have ac-
quired for you in these countries.

The same reasons which decided
you for Brussels apply to all the sec-
tions of Hainault, their vote was
given with the same liberty, the same
unanimity of suffrage, the same
transports of enthusiasm; this region
has the further advantage of prox-
imity and facility for assistance; it
offers the extent and the population
of a vast department, and shows re-
sources which, developed by the
genius of liberty, will become im-

BELGIAN COMMUNES AND THE RHINE VALLEY, 1793

n’y a plus d'autorités existantes ; il est
pressant d’y établir une organisation
conforme à nos principes, et il faut se
hater d'y instituer une administration,
d'y créer un département. Le nom
de Jemmapes, si cher à la liberté, si
cher aux Frangais, est celui que de-
mandent, celui que se sont donné
d'avance, comme peuple souverain, les
citoyens du ci-devant Hainaut. Sans
doute, vous confirmerez cette dénomi-
nation qui seule suffirait pour garan-
tir l’indissolubilité des liens qui doi-
vent les unir à nous. Votre comité
vous propose donc d'accepter le vœu
libre de ces citoyens, de former du ci-
devant Hainaut dit autrichien, un
quatre-vingt-sixieme département sous
le nom de département de Jemmapes,
d'abattre à l'instant toutes les bar-
riéres commerciales qui nous en sépa-
rent encore, et de transférer les bu-
reaux des douanes jusqu'aux nouvelles
limites de la République.

Voici ce projet de décret :

“La Convention nationale, après
avoir entendu le rapport de son comité
diplomatique sur le vœu librement
émis par le peuple souverain du pays
de Hainaut, dans ses assemblées pri-
maires, pour sa réunion à la Répu-
blique française, déclare, au nom du
peuple français, qu’elle accepte ce vœu,
et en conséquence décrète ce qui suit:

ART. 1”. “Le pays de Hainaut
fait partie intégrante du territoire de
la République, et formera un quatre-

341

mense. At this moment, there is no
existing authority; it is imperative to
establish there an organization con- —
forming to our principles, and we
must hasten to institute an admin-
istration, and create there a depart-
ment. The name of Jemmapes, so
dear to liberty, so dear to Frenchmen,
is the one they ask, the one that the
citizens of the former Hainault, as
a sovereign people, have given them-
selves in advance. Doubtless you
will confirm this denomination which
would alone suffice to guarantee the
indissoluble ties which must unite
them to us. Your committee there-
fore proposes to you to accept the free
vote of these citizens, to form from
the former Hainault called Austrian,
an eighty-sixth department under the
name of the Department of Jem-
mapes, to throw down at once all the
commercial barriers which still
separate us, and to transter the cus-
tom houses to the new boundaries of
the Republic.

Here is the draft of the decree:

“ The National Convention, after
having heard the report of its Diplo-
matic Committee concerning the vote
freely given by the sovereign people
of the country of Hainault, in their
primary assemblies, for their union
with the French Republic, declares,
in the name of the French people, that
it accepts this vote, and in conse-
quence decrees as follows: |

ARTICLE 1. “ The country of Hai-
nault forms an integral part of the ter-
ritory of the Republic and will make

342

vingt-sixieme département, sous le
nom de département de Jemmapes.

ART. 2. “Les bureaux de duuanes
établis sur les confins de la France et
du ci-devant Hainaut sont supprimés,
et seront transférés, dans le plus bref
délai possible, aux limites extérieures
du nouveau département.

Art. 3. “Les commissaires de la
Convention nationale près les armées
de la Belgique sont chargés de prendre
toutes les mesures nécessaires pour la
prompte exécution des lois de la Ré-
publique dans le département de Jem-
mapes, de procéder à la division et
organisation provisoire de ce départe-
ment en districts et cantons, et enfin
de recueillir et transmettre à la Con-
vention tout ce qui peut lui servir à
fixer définitivement cette organisation.

Art. 4. “Le pays de Hainaut
nommera, provisoirement 10 députés
a la Convention nationale.”

(La Convention adopte ce projet de
décret.)*

DOCUMENTS

an eighty-sixth department, under the
name of the Department of Jem-
mapes. |

ART. 2. “The customs offices es-
tablished on the borders of France
and of the former Hainault are sup-
pressed, and shall be transferred,
within the shortest possible time, to
the outer boundaries of the new de-
partment.

Art. 3. “ The Commissioners of
the National Convention with the
Armies of Belgium are charged to
take all necessary measures for the
prompt execution of the laws of the
Republic in the Department of Jem-
mapes, to proceed to the division and
provisional organization of this de-
partment into districts and cantons,
and finally to gather and transmit to
the Convention everything that may
serve it in definitely settling this
organization.

Art. 4. “ The country of Hamault
will nominate, provisionally, 10 dep-
uties to the National Convention.”

(The Convention adopts this draft
decree.)

1 At this same session of March 2, the deputation from the Principality of Salm on the
frontiers of Alsace and Lorraine presented the vote of the Principality, cast in primary as-
semblies. Carnot immediately reported for the Diplomatic Committee in favor of accepting
the vote. The decree was adopted at once, without debate, the territory being provisionally
incorporated in the Department of the Vosges. (Arch. parl., lst series, vol. 59, p. 543.)
Carnot thereupon presented a draft decree for the acceptance of the vote of the communes
of Franchimont, Stavelot and Logne, which was also adopted without debate (Arch. parl.,
Ist series, vol. 59, p. 544).

On March 3, the minutes of the communal assembly of the city of Bruges, asking for
incorporation in the Department of Mer du Nord, were read before the Convention by a
delegation from the city, and a decree of union was rendered without reference to the
Diplomatic Committee (ibid., p. 571).

On March 4, a letter of Lebrun, Minister of Foreign Affairs, was read, informing the
Convention of the vote of Florennes and of thirty-six neighboring villages (ibid., p. 599).
The Diplomatic Committee was ordered to report on this at the same session. Its draft
decree accepting the votes was adopted without debate (ibid., p. 603).

BELGIAN COMMUNES AND THE RHINE VALLEY, 1793 343

Letter of the Citizens Rewbel, Merlin (de Thionville) and Haussmann, Com-
missioners of the National Convention to Mayence, Announcing the Erec-

tion of a Revolutionary Municipality. Read before the Convention, March
12, 1793 !

Mayence, le 4 mars 1793, Mayence, March 4, 1793.
* Pan IT de la République. Y ear Il of the Republic.
CITOYENS NOS COLLÈGUES, CITIZENS AND COLLEAGUES:
L'adresse qui nous a été présentée, The address which has been

et dont nous vous joignons une traduc- presented to us, and of which we en-
tion littérale, vous prouvera qu'il y a close a literal translation, will prove
actuellement a Mayence une munici- to you that there is at present in exist-

On March 6, three deputies from the City of Tournai presented the vote of the primary
assemblies of the city. The Diplomatic Committee at once reported in favor of acceptance
and the decree was adopted accordingly (Arch. parl., 1st series, vol. 59, p. 648).

On March 8, three deputies of the City of Louvain presented the popular.vote. Carnot
reported for the committee at the same session and the Convention at once adopted the
decree (ibid., pp. 700, 703).

The minutes of the vote of the City of Ostende were read at the same session and accepted,
on report of the Diplomatic Committee, on March 9 (ibid., p. 702; vol. 60, p. 11).

The vote of Namur, presented on March 9 (ibid., p. 10), was accepted on March Il, to-
gether with those of several neighboring villages (ibtd., p. 87).

The minutes of the vote of Porentrui (on the Swiss frontier) formed into the General
Assembly of Rauracia and first reported on March 13 (ibid., 154) in a letter from Lebrun,
were laid before the Convention on March 16 (ibid., p. 243) and referred to the Diplomatic
Committee, which reported in favor of acceptance on March 23, under the name of the
Department of Mont Terrible (ibid., p. 490).

On March 14, the votes of Bergzabern, Oberhofen and twenty-nine other communities
of Alsace were accepted, and union decreed (ibid., p. 205).

On March 21 (ibid., 368) Lebrun submitted the minutes of the primary assemblies of
sixty-six communes of Tournesis, which were referred to the Diplomatic Committee and
favorably reported on March 23 (ibid., p. 487), and union decreed. The commissioners
were instructed to form these communes into a district of the Department of Jemappes.

The vote of Tournai, like that of Liége, carried a reservation as to the mode of circu-
lation of the assignats. The Diplomatic Committee reported that this was not a condition
embodied in the vote of union but merely a request. The Convention, after decreeing
the union, referred the request of the citizens to the Committee on Finance for immediate
report.

On March 20 the communes of Biding, Enting, and Lelling-Empire were united to
France, and on March 23 the vote of Bale was accepted.

All of these decrees of union, either in the preamble or in Article 1, repeat the formula
“ The National Convention, having heard the report of its Diplomatic Committee regarding
the vote freely expressed by the sovereign people of the communes of —— declares in the
name of the French people that it accepts the vote of these communes for union with France,
and decrees, in consequence, that these communes shall form, from the present time, an
integral part of the territory of the French Republic. . . .”

1 Jbid., vol. 60, p. 105.

344

palité populaire et patriote. Elle est
composé de personnes qui jouissent de
l’estime des citoyens de tous les partis
et nous ne pouvons que bien augurer
de son administration.

Les députés commissaires de la
Convention nationale, pour l'exécution
du décret du 15 décembre,

Signé: W. HaussmANN, REW-
BELL.

Par les commissaires:

Signé: DEMANGEOT, secrétaire de

la Commission.

Suit la traduction de l'adresse pré-
sentée á ces commissaires par la mu-
nicipalité (2):

“ Citoyens législateurs :

“ Nous sortons en ce moment de la
cérémonie la plus solennelle qui ait
jamais été vue à Mayence: nous ve-
nons ici d'une assemblée nombreuse
d'hommes libres qui nous ont élus, se-
lon les principes sacrés de la liberté et
de l'égalité, et dans le sein desquels
nous avons preté le serment le plus
auguste de maintenir la liberté et
l'égalité, le bien du peuple, et de rem-
plir fidèlement nos devoirs.

“ Mayence doit à la généreuse, à
la noble nation française, l’événement
heureux de pouvoir insérer dans ses
annales l’époque importante où l’es-
clave opprimé a brisé ses pesantes
chaines; où un peuple fortement
courbé sous le despotisme, a reconquis
ses droits naturels, et où l’homme libre
a repris, dans tout son éclat, sa dignité
primitive, et sa place parmi ses frères
libres.

DOCUMENTS

ence at Mayence a popular and
patriotic Municipality. It is com-
posed of persons who enjoy the es-
teem of the citizens of all parties and
we can entertain only the best expec-
tations regarding its administration.
The Deputy Commissioners of the
National Convention for the Execu-
tion of the Decree of December 15.
(Signed): W.HAUSSMANN, REW-
BELL.
For the Commissioners :
(Signed): DEMANGEOT,
Secretary to the Commission.

The translation of the address
presented to the Commissioners by
the Municipality follows (2):

“ Citizen Legislators:

“We come direct from the most
solemn ceremony which Mayence has
ever witnessed; we come here from
a numerous assembly of free men
who have elected us according to
the sacred principles of liberty and of
equality, and before whom we have
taken the most solemn oath to main-
tain liberty and equality, and the wel-
fare of the people, and faithfully to
fulfill our duties. |

‘ Mayence owes to the generous and
noble French Nation the happy event
of being able to insert in her annals
the important epoch when the op-
pressed slave has broken his heavy
chains; when a people grievously
bowed under despotism has recon-
quered its natural rights, and when
the free man has resumed in all splen-
dor his primitive dignity and his place
among his free brothers.

BELGIAN COMMUNES AND THE RHINE VALLEY, 1793 345

“ Mais vos soins infatigables, cito-
yens législateurs, n’ont pas peu con-
tribué à achever notre bonheur actuel;
recevez-en d'abord nos remerciements
les plus vifs, et permettez-nous ensuite
de témoigner, avec le sentiment le plus
profond, notre respect envers une na-
tion qui n’est pas contente d’être seule
heureuse, mais se donne les soins les
plus assidus pour faire pareillement
le bonheur des peuples si différents
delle par leur langage et par leurs
mœurs.

‘ Faites part, nous vous en prions
instamment, de nos sentiments à votre
généreuse nation, et priez-la, en notre
nom, de nous continuer sa puissante
protection pour l’achèvement de l'ou-
vrage que nous commencons dans
cette contrée pour le bien de l’huma-
nité. Et vous, citoyens législateurs,
continuez-nous votre confiance, et ac-
cordez votre amour, non seulement à
nous, mais au peuple dont nous
sommes les magistrats. Témoignez,
selon votre cœur, ainsi que vous l’avez
dit si souvent vous-mêmes, que ce peu-
ple est bon, qu'il mérite la plus grande
attention; et soyez assurés, de notre
part, que nous mourrons plutót que de
devenir infidèles au bien-être du peu-
ple, et aux principes de la liberté et de
l'égalité.

“Mayence, le 3 mars 1793, Pan II
de la République française,

Signé: MACKÉ, maire; UMPFEN-
BACH, officier municipal; PATOCKI, of-
ficier municipal; HASSELIN, officier
municipal; NICHEL, officier munici-
pal; PauL EMMERICH, officier mu-
nicipal; J.-B. GaaL, G.-E. FACIOLA,

“ But your indefatigable care has
contributed not a little to the achieve-
ment of our present happiness; first
receive for it our most sincere grati-
tude and then permit us to testify
with the most profound sentiment to
the respect we feel towards a nation
which is not content to be happy alone
but which exerts the greatest care in
order to bring equal happiness also
to the people so different from her in
language and customs.

“We earnestly beg you to make
known our sentiments to your gen-
erous Nation and beg it, in our name,
to continue towards us its powerful
protection for the sake of the
achievement of the work which we
are beginning in this country for the
welfare of humanity. And you,
Citizen Legislators, continue to ac-
cord us your confidence and your
love, and not only to us but to the
people whose magistrates we are.
Bear witness, according to your heart,
as you have yourselves so often said,
that this people is worthy, that it
merits the greatest attention; and be
assured that for our part we will die
sooner than become unfaithful to the
welfare of the people, and to the
principles of liberty and equality.

“ Mayence, March 3rd, 1793, Y ear
II of the Republic.

“ (Signed) MackÉ, Mayor; Ump-
FENBACH, Municipal official; Pa-
TOCKI, Municipal officer; HASSELIN,
Municipal officer; NicueL, Munici-
pal officer; PauL EMMERICH, Mu-
nicipal Official; J.-B. GaaL, G. E.

+

346 DOCUMENTS

officier municipal; STEPHAN LINDT,
officier municipal; L. EisER, officier
municipal; STANDENHERINER, Officter
municipal; ENDLEIH, officier muntct-
pal; MULLER WILHELM, WAN-
MANN, procureur de la commune; Ni-
DERHUBER, frocureur substitut; J.-B.
REUSSING, secrétaire de la munici-
palité; ENHBORN, Secrétaire.

“ Pour copte conforme:

“Signé: DEMANGEOT, secrétaire de
la commission.”

(La Convention ordonne l'insertion
de cette traduction au Bulletin.)

FacioLa, Municipal Official; STE-
PHAN LINDT, Municipal Official; L.
Eiser, Municipal Official; STANDEN-
HERINER, Municipal Official; EnD-
LEIH, Municipal Official; MULLER
WILHELM, WANMANN, Communal-
Attorney; NIDERHUBER, vice Com-
munal Attorney; J. B. REUSSING,
Secretary to the Municipality; ENH-
BORN, Secretary.

“ Authentic Copy:

“ (Signed) DEMANGEOT, Secretary
to the Commission.”

(The Convention orders the inser-
tion of the translation in the Bul-
letin.)

Letter of General Dumouriez, Commander-in-Chief of the Army of the North,
to the National Convention. March 12, 1793!

CITOYEN PRÉSIDENT, le salut du
peuple est la loi suprême: je viens de
lui sacrifier une conquéte presqu'as-
surée, en quittant la portion victo-
rieuse de l'armée préte à entrer dans le
coeur de la Hollande, pour venir au
secours de celle qui vient d'essuyer un
revers, qu'on doit à des causes phy-
siques et morales, que je vais vous
développer. . ..

On vous flatte, on vous trompe, je
vais achever de déchirer le bandeau.
On a fait éprouver aux Belges tous
les genres de vexations; on a violé à
leur égard les droits sacrés de la lib-
erte; on a insulté avec impudence leurs
opinions religieuses; on a profané par
un brigandage tres-peu lucratif, les in-

1 Moniteur, No. 84, p. 376.

CITIZEN PRESIDENT: the welfare of
the people is the supreme law: I have
just sacrificed to it a conquest almost
assured, by leaving the victorious por-
tion of the army ready to enter into
the heart of Holland, in order to
come to the aid of that which has
just suffered a reverse due to physi-
cal and moral causes, which I am
about to explain to you... .

You have been flattered, you have
been deceived; I am going to attempt
to tear off the bandage. The Bel-
gians have been made to suffer all
kinds of vexations; their sacred rights
of liberty have been violated; their
religious opinions have been im-
pudently insulted ; the articles of their

BELGIAN COMMUNES AND THE RHINE VALLEY, 1793

struments de leur culte; on vous a
menti sur leur caractère et sur leurs
intentions; on a opéré la réunion du
Hainaut à coups de sabres et à coups
de fusils ; celle du Bruxelles a été faite
par une vingtaine d'hommes, qui ne
pouvaient trouver d'existence que dans
le trouble, et par quelques hommes de
sang qu'on a rassemblés pour intimi-
der les citoyens. . . .

Vos finances étaient épuisées,
lorsque nous sommes entrés dans la
Belgique; votre numéraire avait dis-
paru ou s'achetait au poids de Tor.
Cambon, qui peut étre un honnéte cito-
yen, mais qui certainement est au-
dessous de la confiance que vous lui
avez donnée pour la partie financiére,
na plus vu de remède que dans la pos-
session des richesses de cette fertile
contrée. Il vous a proposé le fatal
décret du 15 décembre; vous l’avez
accepté unanimement, et cependant
chacun de ceux d'entre vous á qui j'en
ai parlé, m'a dit qu'il le désapprouvait,
et que ce décret était injuste. Un de
mes quatre mémoires était dirigé con-
tre ce décret; on ne l’a pas lu à l’As-
semblée. Le méme Cambon a cherché
à rendre mes remonstrances odieuses
et criminelles, en disant à la tribune
que j'apposais un veto sur le décret
de l’Assemblée. Vous avez confirmé
ce décret par celui du 30 décembre;
vous avez chargé vos commissaires de
tenir la main à son exécution.
D'après vos ordres, le pouvoir exécu-
tif a envoyé au moins trente commis-
saires ; le choix en est très mauvais,
et à l'exception de quelques gens hon-

347

worship have been profaned by a
brigandage but little lucrative; you
have been lied to concerning their
character and their intentions; the
union Of Hainault was effected by
means of sabres and muskets; that of
Brussels was accomplished by about
twenty men who could not exist ex-
cept in disorder, and by some men of
violence who were gathered together
to intimidate the citizens. . . .

Your finances were exhausted
when we entered Belgium; your cash
had disappeared or was worth its
weight in gold. Cambon, who may
be an honest citizen, but who certainly
is beneath the confidence you have
given him in financial matters, saw
no further remedy except in the
possession of the wealth of this fertile
country. He proposed to you the
fatal decree of the 15th of December;
you accepted it unanimously, notwith-
standing that each one among you
with whom I have talked about it,
told me that he disapproved it, and
that the decree was unjust. One of
my four memorials was directed
against this decree; it was not even
read to the Assembly. The same
Cambon tried to render my remon-
strances odious and criminal, by say-
ing in the tribune that I was putting
a veto upon the decree of the As-
sembly. You confirmed this decree
by that of the 30th of December; you
charged your commisioners to lend a
hand in its execution. According to
your orders the executive power sent
at least thirty commissioners. The
choice was very bad, and with the

348

nétes, qui sont peut-être regardés
comme des citoyens douteux, parce
qu'ils cherchent à mitiger l’odieux de
leurs fonctions, la plupart sont ou des
insensés, ou des tyrans, ou des hommes
sans réflexion, qu’un zèle brutal et in-
solent a conduits toujours au-delà de
leurs fonctions.

Les agens de la tyrannie ont été
répandus sur la surface entière de la
Belgique : les commandans militaires,
par obéissance au décret, ont été
obligés d'employer, sur leur réquisi-
tion, les forces qui leur étaient con-
fiées ; ces exacteurs ont achevé d'ex-
aspérer l’ame des Belges. Des lors
la terreur et peut-être la haine ont
remplacé cette douce fraternité qui a
accompagné nos premiers pas dans la
Belgique; c'est au moment de nos re-
vers que nos agens ont déployé le plus
d'injustice et de violence.

Vous avez été trompés sur la ré-
union á la France de plusieurs parties
de la Belgique; vous l'avez crue volon-
taire, parce qu’on vous a menti. Des-
lors vous avez cru pouvoir enlever le
superflu de l’argenterie des églises,
pour subvenir sans doute aux frais de
la guerre. . .. Les prêtres et les moines
ont profité de cet acte imprudent, et ils
nous ont regardés comme des brigands
qui fuient, et partout les communautés
des villages s’arment contre nous. Ce
n'est point ici une guerre d'aristocra-
tie; car notre révolution favorise les
habitans des campagnes, et cependant
ce sont les habitans des campagnes
qui s'arment contre nous, et le tocsin
sonne de toutes parts. C'est pour eux

DOCUMENTS

exception of some honest men, who
are perhaps regarded as doubtful
citizens because they seek to lessen
the ‘odium of their duties, most of
them are either fools or tyrants, or
men without judgment, whom a
brutal and insolent zeal has con-
tinually led beyond their functions.

The agents of tyranny have been
scattered over the whole surface of
Belgium; the military commandants,
through obedience to the decree, have
been obliged to employ the forces en-
trusted to them upon their requisi-
tion; these extortioners have suc-
ceeded in exasperating the mind of
the Belgians. From that time terror
and perhaps hatred have replaced the
kindly fraternity which accompanied
our first steps in Belgium; at the
moment of our reverses our agents
have most displayed injustice and
violence.

You have been deceived regarding
the union with France of several
parts of Belgium; you believed it
voluntary, because some one lied to
you. From that moment you
thought you could carry off the super-
fiuity of silverware in the churches,
doubtless to defray the expenses of the
war. ... The priests and monks prof-
ited by this important act, and have
looked upon us as fleeing brigands
and everywhere the communities in
the villages are arming against us.
This is not now a war of aristocracy ;
for our revolution favored the
country people, and yet it is the in-
habitants of the country who are arm-
ing against us, and the tocsin is

BELGIAN COMMUNES AND THE RHINE VALLEY, 1793 349

une guerre sacrée; c'est pour nous une

guerre criminelle. Nous sommes en

ce moment environnés d'ennemis; . . .
Le général en chef, DUMOURIER.

sounding on all sides. For them it is
a holy war; for us it is a criminal
war. We are at this moment sur-
rounded by enemies; . . .
DUMOURIER, Commander-in-Chief.

Report made before the National Convention by Haussmann, Commissioner

to the Armies of the Rhine, the Vosges and the Moselle.

HAUSSMANN. Citoyens, lorsque
l'armée de la Belgique est en déroute,
vous apprendrez sans doute avec sa-
tisfaction que celle des Vosges, qui se
trouve dans la partie la plus riche et
la plus belle de vos conquêtes, est
dans la meilleure position et le meil-
leur état possible.

Je suis parti lundi passé, 25 mars,
de Mayence. Le général Custine
s'est porté au-delà de Creutznach, en
descendant le Rhin, avec un corps de
20,000 hommes et il a repoussé l’en-
nemi. Il s’est emparé de vive force
du château de Stromberg, où les en-
nemis ont perdu beaucoup de monde,
et où on leur a fait 37 prisonniers,
qui ont été sur-le-champ conduits à
Landau. L'armée occupe maintenant
tous les défilés, presqu' inaccessibles,
qui conduisent de Mayence à Bac-
carat, Rheinsfelds et Coblentz.

Il est inconcevable pour ceux qui
connaissent le pays, qui connaissent la
force de Mayence et de Cassel, le cou-
rage et la bonne tenue des troupes qui
les défendent, qu'on ait eu le projet
de les faire rétrograder d'un pays d’où

1 Arch. parl., 1st series, vol. 60, p. 713.

March 30, 1793 :

HAUSSMANN. Citizens, at a time
when the Army of Belgium is put to
rout, you will doubtless hear with
satisfaction, that that of the Vosges,
which is in the richest and most beau-
tiful part of your conquests, is in the
best position and state possible.

I left Mayence on Monday last,
March 25th. General Custine has
advanced beyond Creutznach, in his
descent of the Rhine, with a force of
20,000 men and he has repulsed the
enemy. He has seized by force the
chateau of Stromberg, where the
enemy lost large numbers, and where
thirty-seven prisoners were taken who
were forthwith conducted to Landau.
The army now occupies all the defiles,
almost inaccessible, which lead from
Mayence to Baccarat, Rheinsfelds
and Coblentz.

It is inconceivable for those who
know the country, who know the
strength of Mayence and of Cassel,
the courage and the fine bearing of
the troops which are defending them,
that anyone should propose their re-

Cf. ibid., p. 729.

350

non seulement elles tirent toutes leurs
subsistances en abondance, mais d'oú
elles peuvent en verser dans l'intérieur.
Eh bien! on a véritablement conçu ce
projet perfide: il a été agité publique-
ment á Strasbourg un plan de péti-
tion pour faire rétrograder cette
armée; et il ne serait pas étonnant que
ces intrigues ne fussent combinées
avec la conduite qu'on a tenue en Bel-
gique; mais les auteurs de ce projet
se trompent terriblement. Non, Ma-
yence ne sera jamais livrée; jamais,
tant qu'un général comme Custine et
que vos commissaires y seront, elle ne
tombera au pouvoir de l’ennemi.
(Applaudissements.)

Vos commissaires se sont occupés
de l’exécution des décrets de 15 et 17
décembre, et jusqu'a présent nous y
avons parfaitement réussi. Après
avoir convoqué les assemblées pri-
maires pour le premier février, nous
sommes allés visiter l’armée de la Mo-
selle. A notre retour, nous avons
trouvé que les agitateurs, les intri-
gants, les partisans de privilèges, enfin
que toute la clique aristocratique,
s'était liguée pour empêcher l'exécu-
tion du décret. De toutes parts on
venait nous faire des réclamations,
mais elles n'étaient signées, que par
des aristocrates connus. Nous avons
tenu ferme, et le décret a été exécuté.
(Applaudissements.)

La Convention mayençoise a ouvert
ses séances le 17 de ce mois. Le 18,
elle a déclaré son indépendance et la
déchéance de tous les chanoines, pre-
tres, seigneurs, magistrats hérédi-

DOCUMENTS

treat from a country from which not
only do they derive all their sub-
sistence in plenty, but from whence
they can march into the interior.
Well, this perfidious project has really
been conceived; there has been agi-
tated publicly in Strassburg a peti-
tion for the retreat of the army, and
it would not be astonishing if their
intrigues were connected with the
conduct which has been followed in
Belgium; but the authors of this proj-
ect are terribly deceived. No, May-
ence will never be freed; never, while
a general like Custine and while your
commissioners are there, will it fall
into the enemy’s power. (Applause.)

Your commissioners are occupied
with the execution of the decree of
December 15th and 17th and until the
present time, we have succeeded per-
fectly. After convoking the primary
assemblies for February first, we
went to visit the Army of the Moselle.
On our return, we found that the
agitators, plotters, partisans of the
privileged classes and, in fine, the
whole aristocratic clique, was in
league to prevent the execution of
the decree. From all parts protests
came to us but they were signed only
by known aristocrats. We held
firm and the decree was executed.
(Applause.)

The Convention of Mayence
opened its session on the 17th of this
month. On the 18th, it declared its
independence and the deposition of
all the canons, priests, seigneurs,

BELGIAN COMMUNES AND THE RHINE VALLEY, 1793

taires, etc., de leurs droits et pri-
viléges et elle a decreté que, dans le
cas où ils feraient des tentatives pour
y rentrer, ils seraient punis de mort.
Le 21 la Convention mayençoise a dé-
crété, à l’unanimité, sa réunion à la
République française. (Double salue
d'applaudissements.)

Nous avons été forcés pour soutenir
ces mesures, pour déjouer les agita-
teurs et les aristocrates, pour éviter
que le scenes de Francfort ne se re-
nouvellassent de faire déporter les
chefs connus de ces complots ; partout
ces chefs étaient des baillis, des pré-
tres et des nobles: nous avons cru
devoir les traiter en ennemis, puis-
qu’ils se montraient ceux du peuple;
et c'est pour les mettre dans l'impos-
sibilité de nuire, que nous avons cru
devoir ordonner leur extradition.
Cette mesure a été suivie librement
et paisiblement, et tout s’est parfaite-
ment bien organisé. Je proposerai au
comité de défense générale des me-
sures ultérieures qui seront à pren-
dre.

Je vous ai dit que, le 21, la Con-
vention mayençoise a décidé à l'una-
nimité sa réunion à la République
française. Les députés, qui vous ap-
portent son vœu sont ici. Je de-
mande qu'ils soient introduits.

PENIERES. (Citoyens vos commis-
saires vous ont rendu compte de l'état
de l'armée des Vosges. . . . Je de-

351

hereditary magistrates, etc., of all
their rights and privileges, and de-
creed that in case they should make
efforts to return, they should be
punished with death. On the 21st
the Convention of Mayence unan-
imously decreed its union with the
French Republic. (Double salvos of
applause.)

We have been forced in order to
support these measures, in order to
frustrate the agitators and the aristo-
crats, and to prevent the scenes of
Francfort from being repeated, to
cause the known chiefs of these
plots to be deported; everywhere
these chiefs were bailiffs, priests and
nobles; we considered it our duty to
treat them as enemies, since they had
so shown themselves to the people;
and in order to make it impossible for
them to do injury, we thought it our
duty to order their extradition. This
measure was followed freely and
peacefully, and everything was per-
fectly organized. I shall propose to
the Committee on General Defence
the further measures which should be
taken.

I have told you that, on the 21st,
the Convention of Mayence decided
unanimously for Union with the
French Republic. The deputies who
are carrying their vote to you are

here. I request that they be ad-
mitted.
PENIERES. Citizens, your commis-

sioners have given you a report of
the state of the Army of the Vosges.

352

mande que vous décrétiez que l’armée
des Vosges a bien mérité de la patrie.

Voix diverses. Et les commis-
saires aussi.— L’impression du rap-
port!

CAMBON. Citoyens une grande af-
faire va occuper l’Assemblée. Le sys-
teme qu’elle avait adopté va être jugé
par l’Europe. Par bonheur nous
avons besoin de comparaisons dans
deux endroits différents du même sys-
teme: dans l’un, une prompte exécu-
tion ; dans l’autre une rare obstination
à ne point l’executer. (Interrup-
tions.) Malgré les interrupteurs, je
demanderai à parler lorsque l’Assem-
blée m'aura conservé la parole.

(La Convention décrète que Cam-
bon sera entendu.)

CAMBON. On a demandé de dé-
créter que l'armée des Vosges a bien

mérité de la patrie; je ne sais si c'est '

l’époque actuellement. On a proposé
également d'imprimer le rapport que
vient de nous faire le citoyen Hauss-
mann, l’un de vos commissaires; c'est
sur cette partie que j'ai demandé a
parler. J’observerai qu'à une époque
peu éloignée, on nous dit au comité
qu'il y avait, dans la République, des
lettres qu’on était à même de nous
montrer; que ces lettres nous annon-
çaient que nous avions perdu Ma-
yence comme nous avions perdu la
Belgique (et je citerai les membres
qui étaient présents), des lettres où
l’on représentait nos commissaires à
Mayence comme des brigands, des let-

DOCUMENTS

. . . I request that you decree that
the Army of the Vosges has deserved
well of the country.

Diverse Voices.
missioners also.

And the com-
Print the report!

CAMBON. Citizens, an important
matter is about to occupy the As-
sembly. The system which it has
adopted is going to be judged by
Europe. Fortunately we must com-
pare the same system in the two dif-
ferent localities; in the one, a prompt
execution; in the other, an unusually
obstinate determination not to exe-
cute it. (Interruptions.) In spite
of these interruptions, 1 shall demand
the right to speak when the Assembly
shall have come to order and have
granted me the right to speak.
- (The Convention decrees
Cambon shall be heard.)

CAMBON. It is proposed that we
decree that the Army of the Vosges
has deserved well of the country. I
do not know whether this is the
proper time for such action. It has
been proposed also to print the re-
port which has just been made to us
by Citizen Haussmann, one of your
Commissioners; it is on this point
that I demand the floor. I shall ob-
serve that a short time ago we were
told in committee that there were
letters in the Republic which were to
be shown to us; that these letters told
us that we had lost Mayence as we
had lost Belgium (and I shall name
those members who were present),
letters in which our Commissioners
to Mayence were represented as

that

BELGIAN COMMUNES AND THE RHINE VALLEY, 1793

tres où Pon assurait qu'on n'avait pas
le vœu du peuple; et c'est par de pa-
reilles lettres, et c'est avec cette opin-
ion qu'on cherche à tout désorganiser.
Eh bien! tout est contredit par nos
commissaires, et l'enthousiasme que
l’Assemblée met à vouloir témoigner
qu'ils ont bien mérité de la patrie, doit
terrasser la calomnie. Mais cela ne
suffit pas.
lettres corrompent l'esprit public, con-
damnent nos systèmes. Il est impor-
tant que nos commissaires ne s'en tien-
nent pas à un rapport, comme ils l'ont
fait; c'est par une impression de toutes
leurs délibérations qu'on les jugera,
et qu'on montrera à l’Europe à juger
de nos opérations. Je demande donc
non pas l'impression du rapport fait
par le citoyen Haussmann, mais que
le citoyen Haussmann soit chargé de
présenter un tableau à la Convention,
de toutes ses opérations, de l'esprit
public qui règne à Mayence afin de
détruire les fausses impressions que
l’on cherche à répandre dans toute
l'Europe. (Applaudissements.)

BRÉARD. J'appuie la proposition
faite par Cambon; mais d'après ce
que vient de me dire le citoyen Hauss-
mann, il est impossible que cette propo-
sition de Cambon puisse être admise
dans ce moment-ci. Le commissaire
n'a pas rapporté avec lui toutes les
pièces qui seraient nécessaires pour
rédiger un rapport tel que Cambon
le demande. Il faut se contenter de
décréter, dans ce moment-ci, l'impres-

Les lettres circulent, les

353

brigands, letters which assured us
that the vote of the people had not
been taken; and it is by such letters
and it is by means of such opinions
that an attempt is being made to dis-
organize everything. Well! every-
thing is contradicted by our commis-
sioners, and the enthusiastic desire
of the Assembly to bear witness to the
fact that they have deserved well of
the country should destroy the
calumny. But that is not sufficient.
Letters circulate, letters corrupt the
public morale, condemn our systems.
It is important that our commission-
ers should not rest with one report
as they have done; it is by printing
all their deliberations that they will be
judged, and that we shall call Europe
to judge of our actions. I do not,
therefore, move the printing of this
report made by Citizen Haussmann,
but that Citizen Haussmann shall be
instructed to present to the Conven-
tion an account of all his acts and of
the public opinion which prevails at
Mayence, in order to destroy the false
impressions which there is an attempt

to spread throughout Europe. (Ap-
plause.)
BRÉARD. I support the proposi-

tion made by Cambon, but according
to what Citizen Haussmann has just
said to me, it is impossible for this
proposition of Cambon to be admitted
at this time. The Commissioner has
not brought with him all the docu-
ments which would be necessarv to
the drawing up of a report such as
Cambon asks for. We must be con-
tented to decree at this time the print-

354

sion du rapport fait par notre col-
legue, sauf, après cela, de décréter
l'impression du rapport du citoyen
Haussman. Je demande que l’on se
horne à décréter l'impression du rap-
port d'Haussmann où se trouve plus
qu’une mention honorable de la con-
duite de l’armée des Vosges.

(La Convention décrète Vimpres-
sion du rapport d'Haussman, ainsi
que son envoi aux départements et
aux armées; elle ordonne ensuite l’ad-
mission immédiate à la barre des dé-
putés du peuple Rhéno-germamque. )

DOCUMENTS

ing of the report made by our col-
league, and after that to decree the
printing of the report of Citizen
Haussmann. I move that we limit
ourselves to decreeing the printing of
Haussmann's report in which is
found more than one honorable men-
tion of the conduct of the Army of
the Vosges.

(The Convention decrees that the
Haussmann Report be printed and
sent at once to the Departments and
to the Armies; it thereupon orders
that the deputies of the Rhéno-
Germanic people be immediately ad-
mitted to the bar.)

Address of the National Rhéno-Germanic Convention to the French Republic,

and Vote of Union by the National Convention of France.

1793!

La Convention nationale Rhéno-
Germanique, à la Convention nation-
ale de la République francaise.

CITOYENS LÉGISLATEURS:

Ce n'est pas la chute d'un seul
despote que nous allons vous an-
noncer. Le peuple Rhéno-Germa-
nique a renversé les prétendus trónes
de vingt petits tyrans, tous avides de
sang humain, tous engraissés de la
sueur des pauvres et des malheureux.

Sur les ruines de leur puissance
arbitraire le peuple souverain s'est
assis; il a choisi ses magistrats et ses
représentants: il les a investis de sa
confiance et de la pléntitude de son
pouvoir.

March 30,

The National Rhéno-Germanic
Convention to the National Conven-
tion of the French Republic.

CITIZEN LEGISLATORS:

We are not come to announce to
you the fall of one despot only. The
Rhéno-Germanic people have over-
turned the thrones claimed by twenty
petty tyrants, all thirsty for human
blood, all grown fat on the sweat of
the poor and the unfortunate.

The sovereign people is seated on
the ruins of their arbitrary power; it
has chosen its magistrates and its rep-
resentatives ; it has invested them with
its confidence and the fulness of its
power.

1 Arch. parl., vol. 60, p. 715. The address was delivered to the Convention by the depu-
tation from the “Representatives of the Free Rhéno-Germanic People,” composed of the
Citizens George Forster, Franck, and Hofmann.

BELGIAN COMMUNES AND THE RHINE VALLEY, 1793

Les représentants du peuple libre
Rhéno-Germanique constitués en Con-
vention nationale à Mayence, après
avoir déclaré à l'univers que les tyrans
de ces contrées étaient déchus de tous
leurs droits usurpés, ont prononcé
la peine de mort contre ceux d’entre
eux qui oseraient reparaitre pour les
revendiquer.

Mais ces actes de souveraineté
ne doivent étre que les précurseurs
d'une démarche plus importante en-
core. C'était peu d'avoir fait écrouler
l’édifice de l’ancienne tyrannie, il fal-
lait reconstruire celui de la félicité
publique. Les représantants du peu-
ple connaissaient le vœu unanime de
leurs commettants ; ils ne font que pro-
noncer aujourd'hui le sentiment qui
est dans tous les coeurs, en vous de-
mandant la réunion de leur pays á la
République francaise.

Nous venons vous offrir la ré-
union de ce qui vous appartient de
droit. La nature elle-méme a voulu
que le Rhin fút la frontiére de la
France, il l’a été dans les premiers
siècles de l’Empire français. Il n’y
a pas jusqu'aux ministres de vos
tyrans qui n’en aient senti le prix;
et lorsqu'il s'agissait de les détourner
de l’infâme alliance avec l'Autriche,
ils en marchandèrent la possession
chez Frédéric de Brandebourg. Et
bien, cette réunion tant convoitée, que
les intrigues des rois n’ont jamais pu
effectuer, elle n'aura coûté qu’un léger
effort aux armées victorieuses de la
liberte.

Nous venons vous offrir la re-

355

The Representatives of the Rhéno-
Germanic people, constituted in Na-
tional Convention in Mayence, hav-
ing declared to the world that the
tyrants of these countries are stripped
of all their usurped rights, have
pronounced sentence of death against
those among them who shall dare to
reappear to claim them back.

But these acts of sovereignity
should be but the precursors of an
act still more important. It is little
to have caused the edifice of the
former tyranny to crumble, it is
necessary to reconstruct that of public
felicity. The representatives of the
people are cognizant of the unan-
imous wish of their constituents; in
asking of you the union of their
country with the French Republic
they voice to-day only the sentiment,
which is in all hearts. |

We come to offer you the union
which belongs to you of right.
Nature herself has desired that the
Rhine should be the frontier of
France, it was so in the first centuries
of the French Empire. Even the
ministers of your tyrants felt the
value of it and when an attempt was
made to wean them away from the
infamous alliance with Austria they
bargained with Frederick of Brand-
enburg for its possession. Ah, well!
this union so desired, which the
intrigues of kings have never been
able to effect, has cost but a slight
effort on the part of the victorious
armies of Liberty.

We come to offer you the union

356

union de Mayence, du siège de ce pre-
tre superbe dont l'ambition déme-
surée ne lui vaudra dans l’histoire que
le nom d'incendiaire; Mayence, au
confluent du Rhin et du Mein, où le
commerce d'Allemagne viendra se con-
centrer entre les mains du négociant
francais; Mayence, la clef de l’Em-
pire germanique, et la seule ouverture
par laquelle vos provinces étaient ac-
cessibles aux armées et aux convois
d’artillerie de vos ennemis; Mayence
enfin reconnue par les maitres de l’art
pour un chef-d'œuvre de fortification,
où les efforts impuissants des despotes
ligués contre vous viendront échouer
toutes les fois qu'ils oseraient con-
cevoir le projet insensé de l’attaquer.

C'est lá, représentants du souve-
rain français, l'expression fraternelle
de notre reconnaissance, le premier
élan des ámes libres que vous avez re-
conquises à la liberté. Nous ne
sommes fiers des avantages qui ré-
unissent nos contrées, que parce que
nous pouvons les porter en don á nos
libérateurs. (Applaudissements.) Ces
avantages, ces besoins de réunion
sont réciproques, et la candeur de peu-
ple rhéno-germanique n'est pas en re-
tard pour vous en faire l’aveu; mais
il craindrait de blesser et votre dig-
nité et la pureté de son affection
par un calcul minutieux. L'amour
des peuples, comme l’amour des sexes,
doit égaliser les conditions; et ne sa-
vons-nous pas que si vous vous rendez
à nos sollicitations, si vous incorporez
les contrées rhéno-germaniques dans
la République française, ce sera la sin-
cérité et l’ardeur avec lesquelles nous

DOCUMENTS

of Mayence, the seat of that haughty
priest whose measureless ambition
has won for him in history only the
title of “ Incendiary ”; Mayence at
the junction of the Rhine and the
Main, where the commerce of Ger-
many will come to be gathered to-
gether in the hands of the merchants
of France; Mayence, the key of the
Germanic Empire, and the sole path
by which your provinces were acces-
sible to the armies and the convoys
of artillery of your enemies; May-
ence, in fine, recognized by the masters
of the art as the masterpiece of forti-
fications, where the powerless efforts
of the despots leagued against you
were destroyed each time that they
dared to conceive the insensate idea
of attacking it. Here, Representa-
tives of the French Sovereign, is the
fraternal expression of our gratitude,
the first burst of free souls which you
have reconquered for Liberty. We
are proud of the advantages which
unite our countries, only because we
can bring them as gifts to our
liberatórs. (Applause.) These ad-
vantages, these needs for union are
mutual, and the candor of the
Rhéno-Germanic people is not slow to
avow it to you; but it fears to wound
both your dignity and the purity of
its affection by a minute calculation.
The love between peoples, like love
between the sexes, should equalize
conditions, and do we not know that
if you yield to our prayers, if you in-
corporate the Rhéno-Germanic coun-
tries in the French Republic, it will
be the sincerity and the ardor with

BELGIAN COMMUNES AND THE RHINE VALLEY, 1793

nous jetons entre vos bras, qui pour-
ront seules vous décider ?

Fait en Convention nationale à
Mayence, le vingt-cinq mars mil sept

cent quatre-vingt treize, et signé in-
_ dividuellement par tous les membres
de la Convention.

Signé: AnD. Jos. HOFMANN, pré-
sident; GEORGES FORSTER, vice-prést-
dent, député de la ville de Mayence;
FRANCK, secrétaire, député de Fus-
geinheim.

(Les députés reçoivent du Président
le baiser fraternel, au milieu des plus
vifs applaudissements.)

La Convention rend le décret sui-
vant:

La Convention nationale, après
avoir entendu l’adresse à elle pré-
sentée, au nom des peuples libres de
la Germanie, par les députés de la
Convention nationale séante a Ma-
yence; vu aussi le décret rendu le 21
du présent mois par la méme Conven-
tion, tendant à obtenir la réunion à la
République française de toutes les
villes et communes qu’elle représente,
déclare, au nom du peuple français,
qu’elle accepte ce vœu librement émis,
et en conséquence décrète que les
villes et communes de Mayence,
Worms, Durkeim, Grünstadt, Fusgen-
heim, Ecklesheim, Wollstein, Scho-
rusheim, Gumsheim, Altleiningen,
Bleiderheim, Kallkoffen, Flonheim,
Hoffosweiler, Imsbach, Nackenheim,
Batzbach, Badenheim, Oberolm, Bu-
denheim, Heringen, Oberlustadt,
Karlsberg, Dudenhoffen, Ilbesheim,

357
which we throw ourselves into your
arms, which have alone decided you?

Done in the National Convention
at Mayence, the 24th of March, 1793,
and signed individually by all the
members of the Convention.

Signed: Ann. Jos. HOFMANN,
President; GEORGE FORSTER, Vice
President and deputy for the City of
Mayence; Franck, Secretary and
deputy for Fusgeinheim.

(The deputies receive the fraternal
kiss from the President, in the midst
of great applause.)

The Convention issues the follow-
ing decree:

The National Convention, having
heard the address presented to it, in
the name of the free people of Ger-
many, by the deputies of the National
Convention sitting at Mayence; in
view also of the decree issued by the
same Convention on the 21st of the
present month, with a view to obtain-
ing union with the French Republic
of all the towns and communes which
it represents, declares in the name of
the French people, that it accepts
the vote freely expressed, and decrees
in consequence that the town and
communes of Mayence, Worms,
Durkeim, Griinstadt, Fusgenheim,
Ecklesheim, Wollstein, Schorusheim,
Gumsheim, Altleiningen, Bleider-
heim, Kallkoffen, Flonheim, Hoffos-
weiler, Imsbach, Nackenheim, Batz-
bach, Badenheim, Oberolm, Buden-
heim, Heringen, Oberlustadt, Karls-

358

Neubamberg, Niedersaulheim, Sarms-
heim, Obergheim, Hanheim, Reistal,
Rudelskerchen, Hertlingshausen, Kin-

denheim, Alsenborn, Niederolm,
Weinweiler, Genicofin, Wendelsheim,
Relsberg, Mülheim, Sprendlingen,

Bissersheim, Niederlustadt, Essingen,
Schonborn, Algesheim, Rusbach, Ho-
gelstein, Heidesheim, Wartenberg,
Altoof, Mohrbach, Wollsheim, Nie-
derhochlsatt, Obersaulheim, Dieters-
heim, Landstuhl, Finckenbach, Raz-
heim, Schweisweil, Bobenheim, Hei-
desheim, Merterheim, Bretzenheim et
Zalhlbach, Olkenheim, Waleine,
Gross-Bockenheim, Schiffersheim,
Lohusfels, Reibotzkem, Rugheim,
Spallon, Kleinwinternheim, Weisse-
nau, Marienborn, Cassel, Kleinbot-
heim Sembach, Dromersheim, Muns-
heim, Uffhoren, Biidesheim, Minch-
wesler, Brenheim, Neuhemsbach,
Drais, font partie intégrante de la
République.

Les commissaires de la Convention
nationale aux armées des Vosges, du
Rhin et de la Moselle, sont chargés de
prendre toutes les mesures nécessaires
pour l’exécution des lois de la Répub-
lique dans lesdites villes et communes,
et de faire parvenir á la Convention
nationale les renseignements néces-
salres pour fixer le mode d'incorpora-
tion.

DOCUMENTS

berg, Dudenhoffen, Ilbersheim, Neu-
bamberg, Niedersaulheim, Sarmsheim,
Obergheim, Hanheim, Reistal, Rudels-
kerchen, Hertlingshausen, Kinden-
heim, Alsenborn, Niederolm, Wein-
weiler, Genicofin, Wendelsheim, Rels-
berg, Mülheim, Sprendlingen, Bissers-
heim, Niederlustadt, Essingen, Schon-
born, Algesheim, Rusbach, Hogelstein,
Heidesheim, Wartenberg, Altoof,
Mohrbach, Wollsheim, Niederhochl-
satt, Obersaulheim, Dietersheim,
Landstuhl, Finckenbach, Razheim,
Schweisweil, Bobenheim, Heides-
heim, Merterheim, Bretzenheim and
Zalhlbach, Olkenheim, Waleine,
Gross-Bockenheim, Schiffersheim,
Lohusfels, Reibotzkem, Rugheim,
Spallon, Kleinwinternheim, Weissen-
au, Marienborn, Cassel, Klein-
botheim Sembach, Dromersheim,
Munsheim, Uffhoren, Büdesheim,
Minchwesler, Brenheim, Neuhems-
bach, Drais, form an integral part of
the Republic.

The Commissioners of the Na-
tional Convention to the Armies of
the Vosges, the Rhine and the Moselle
are instructed to take all the necessary
measures for the execution of the
laws of the Republic in the said cities
and communes, and to cause such in-
formation to be imparted to the Na-
tional Convention as shall be neces-
sary in order to determine the method
of incorporation.

THE REPUBLICS OF MULHAUSEN AND GENEVA, 1798

The Directory Delegates Jean Ulric Metzger as Commissioner to the Republic
of Mulhausen with Regard to the Vote of Union. January 1, 1798?

EGALITÉ — FRATERNITE

Extrait des registres des délibéra-
tions du Directoire exécutif.

Paris, le 9 Nivòse,
Pan VI de la République fran-
caise une et indivisible.

Le Directoire exécutif, informé que
les citoyens de la République de Mul-
hausen doivent s'assembler incessam-
ment pour délibérer sur leur réunion
a la République française, arrête ce
qui suit:

Art. 1”. Le citoyen Metzger ( Jean-
Ulric), membre de l’administration
centrale du département du Haut-
Rhin, est nommé commissaire du
gouvernement à l’effet de conférer
avec les magistrats, citoyens et habi-
tants de la République de Mulhausen,
sur tout ce qui peut avoir trait à leur
demande tendante à la réunion dont il
s'agit, ainsi qu'aux opérations pré-
liminaires et subséquentes y relatives.

ART. 2. Il est chargé en consé-
quence de recevoir le vœu des citoyens
et habitants de la République de Mul-
hausen, de le constater, d'en stipuler

EQUALITY AND FRATERNITY

Extract from the minutes of the
deliberations of the executive Di-
rectory.

Paris 9th Nivóse,
year VI of the French Republic,
One and Indivisible.

The executive Directory, informed
that the citizens of the Republic of
Mulhausen are about to assemble at
once to deliberate upon their union
with the French Republic, resolves as
follows :

ARTICLE 1. Citizen Metzger (Jean-
Ulric), member of the central ad-
ministration of the department of the
Upper-Rhine, is named commissioner
of the government for the purpose of
conferring with the magistrates,
citizens and inhabitants of the Re-
public of Mulhausen, regarding
everything that may have relation to
their request tending to the union
in question, as well as the preliminary
and subsequent operations relative
thereto.

ART. 2. Heis consequently charged
to receive the vote of the citizens
and inhabitants of the Republic of
Mulhausen, to authenticate it, to stip-

1 Musée historique de Mulhouse, Bulletin, No. 21-25, p. 10 et seq.

360

le mode et les conditions par tel traité
ou acte qu'il appartiendra et dont il
adressera sur le champ un double au
Directoire exécutif.

ART. 3. Il procédera de suite à
l'organisation provisoire des autorités
administratives et Judiciaires qu’il y
aura lieu d'établir dans le territoire
réuni de Mulhausen.

Le président du Directoire exécutif:

Signé: BARRAS.

Pour le Directoire exécutif: Le
secrétaire général,

Signé: LAGARDE.

DOCUMENTS

ulate the manner and conditions there-
of by such treaty or act as shall be
advised and of which he shall imme-
diately send a duplicate to the execu-
tive Directory. °

Art. 3. He shall at once proceed
to the provisional organization of
such administrative and judicial au-
thorities as there shall be occasion to
establish in the united territory of
Mulhausen.

The president of the executive
Directory:

Signed: BARRAS.

For the executive Directory; The
secretary general,

Signed: LAGARDE.

Address of Citizen Metzger to the Burgomasters and Council of the Republic

of Mulhausen.

Colmar, le 29 N ivóse, an VI.

Aux magnifiques et puissants sei-
gneurs, Messieurs les bourguemaitres
et Conseil de la République de Mul-
hausen.

MAGNIFIQUES ET PUISSANS SEI-
GNEURS!

Le Directoire exécutif, instruit que
les citoyens de la République de Mul-
hausen doivent s'assembler pour dé-
libérer sur la réunion à la République
francaise, m'a honoré de sa confiance
en me nommant son commissaire aux
fins de connaitre le vœu des citoyens
de la République de Mulhausen, et de

January 19, 1798 !

Colmar 29th Nivôse, year VI.

To the great and powerful lords,
the Burgomasters and Council of the
Republic of Mulhausen.

GREAT AND POWERFUL Lorps!

The executive Directory, informed
that the citizens of the Republic of
Mulhausen are about to assemble to
deliberate upon union with the French
Republic, have honored me with
their confidence in naming me as
their commissioner for the purposes
of learning the wishes of the citizens

1 Musée historique de Mulhouse, Bulletin, No. 221-225, p. 10 et seq.

MULHAUSEN AND GENEVA, 1798

conférer avec vous, magnifiques et
puissants seigneurs, les citoyens et
habitants, sur tout ce qui peut avoir
trait á la réunion dont il s'agit; de
recevoir et constater vos vœux, ainsi
que de stipuler du mode et des condi-
tions. J'ai l'honneur de vous inviter
à me faire connaître le vœu des cito-
yens de la République de Mulhausen
en cas qu'il fut déjà émis, et me faire
proposer le mode d'aprés lequel vous
voudrez entrer en conférence avec
moi, sur les différents points relatifs
à la réunion á notre République; elle
consolidera le bonheur et la tranquil-
lité de vos concitoyens, que vous avez
su maintenir jusqu'ici avec tant de
sagesse.

J'ai l'honneur d’être avec la con-
sidération la plus distinguée, ma-
gnifiques et puissants seigneurs, votre
très humble et très obéissant serviteur.

Signé: JEAN-ULRIC METZGER.

361

of the Republic of Mulhausen, and of
conferring with you, great and
powerful lords, the citizens and in-
habitants, regarding everything that
may have relation to the union in
question; to receive and authenticate
your votes, as well as to stipulate the
manner and conditions. I have the
honor to invite you to make known
to me the vote of the citizens of the
Republic of Mulhausen in case it has
been already declared, and to propose
to me the manner in which you would
desire to enter into conference with
me, upon the different points relative
to the union with our Republic; it will
consolidate the happiness and tran-
quillity of your fellow-citizens, which
you have succeeded in maintaining up
to this time with so much wisdom.

I have the honor to be, with the
most distinguished consideration,
great and powerful lords, your very
humble and very obedient servant.

(Signed) JeAN-ULRIC METZGER.

Reply of the Magtstracy. January 19, 1798 *

Mulhausen, le 19 Janvier 1798.

Le magistrat de Mulhausen au cito-
yen Metzger, commissaire du gouver-
nement.

CITOYEN COMMISSAIRE!

La lettre que vous nous avez fait
l'honneur de nous écrire sous date du
29 Nivóse, an VI, nous fait connaitre
que vous étes chargé du Directoire

Mulhausen, 19th January 1798.

The Magistracy of Mulhausen to
Citizen Metzger, Commissioner of the
Government.

CITIZEN COMMISSIONER:

The letter which you have done us
the honor to write us under date of
the 29th Nivòse, year VI, informs us
that you are charged by the executive

1 Musée historique de Mulhouse, Bulletin, No. 221-225, p. 10 et seg.

362

exécutif de la République française, de
connaitre le voeu des citoyens de Mul-
hausen, ainsi que de stipuler du mode
et des conditions de notre réunion à
la France. Vous nous invitez, en
outre, de vous faire connaître le vœu
pour la réunion, s'il est déja prononcé,
et le mode d'apres lequel nous dé-
sirons entrer en conférence avec vous,
sur les différents points de notre ré-
union à la République française.

Permettez, citoyen commissaire,
que nous vous témoignions d’abord,
combien il nous a fait plaisir d’ap-
prendre que ce soit vous, dont les lu-
mières et le caractère bienfaisant nous
sont connus, qui ayez été chargé de
cette commission.

Dans une assemblée générale de
notre bourgeoisie, le vœu de nos con-
citoyens s’est tellement prononcé, que
sur 606 votants, 591 ont été pour en-
trer de suite en négociations avec le
gouvernement français, et 15 seule-
ment ont été pour différer encore.

Quant au mode pour traiter avec
vous, citoyen commissaire, nous pro-
poserons demain dans une nouvelle
assemblée de la bourgeoisie de nom-
mer des députés, choisis parmi le
magistrat et les bourgeois, pour trai-
ter avec vous des conditions de notre
réunion.

Veuillez, citoyen commissaire, être
l'interpréte auprès du Directoire de
nos vœux pour la prosperité de la
grande et généreuse République fran-
caise, et étre persuadé des sentiments
de la considération la plus distinguée,
avec laquelle nous avons l’honneur
d'étre, citoyen commissaire, vos tres

DOCUMENTS

Directory of the French Republic, to
learn the wishes of the citizens of
Mulhausen, as well as to stipulate the
manner and conditions of our union
with France. You invite us, more-
over, to make known to you the vote
for the union, if it has already been
given, and the manner in which we
desire to enter into conference with
you, upon the different points of our
union with the French Republic.

Permit us, Citizen Commissioner,
to first testify to you how much pleas-
ure it has given us to learn that it is
you, whose intelligence and benevo-
lent character are known to us, who
have been charged with this commis-
sion.

In a general assembly of our
citizens, the vote of our fellow-
citizens was so given that out of 606
voters, 591 were for entering into im-
mediate negotiations with the French
government, and only 15 were for
further delay.

As to the manner of treating with
you, Citizen Commissioner, we will
propose to-morrow in a new assembly
of the citizens to name deputies,
chosen among the magistracy and the
citizens, to treat with you of the con-
ditions of our union.

Be pleased, Citizen Commissioner,
to be the interpreter to the Directory
of our wishes for the prosperity of
the great and generous French Re-
public, and to rest persuaded of the
sentiments of the most distinguished
consideration, with which we have the
honor to be, Citizen Commissioner,

MULHAUSEN AND GENEVA, 1798

humbles et tres obeissants serviteurs.

Signé: Les BOURGUEMAÍTRES ET
CONSEIL DE LA VILLE DE MULHAU-
SEN.

363

your very humble and very obedient
servants.

(Signed) THE BURGOMASTERS
AND COUNCIL OF THE CITY OF MUL-
HAUSEN.

Treaty of Union of the Republic of Mulhausen with the French Republic.
January 28, 1798! .

ART. I. La République Francaise
accepte le voeu des citoyens de la Ré-
publique de Mulhausen et celui des
habitans de la commune d’Ylzach et
de son annexe Modenheim, formant
une dépendance de Mulhausen, et dé-
clare lesdits citoyens et habitans
Frangais-nes.

Art. II. Le gouvernement fran-
çais, pour donner une marque de son
attachement á ses anciens alliés, con-
sent à prolonger leur état de neutralité,
et les dispense, par conséquent, de
toutes réquisitions réelles et person-
nelles et du logement des gens de
guerre, pendant la durée de la guerre,
jusqu’à la paix générale.

ART. TI. Les citoyens et habitans
de Mulhausen, d'Y lzach et de Moden-
heim, qui voudront quitter le territoire,
auront la faculté de transporter en
Suisse, ou ailleurs, leurs personnes et
fortunes, duement constatées; on leur
accorde une année, à dater de
l'échange de la ratification des pré-
sentes pour sortir, et trois ans pour
opérer la vente et liquidation de leurs
biens et créances.

1 Martens, Recueil des traités, vol. 7, p. 237.

ARTICLE I. The French Republic
accedes to the wish of the citizens of
the Republic of Mulhausen and that
of the inhabitants of the commune of
Ylzach and its annex Modenheim,
forming a dependency of Mulhausen,
and declares the aforesaid citizens and
inhabitants French-born.

Art. II. The French government,
in order to give a mark of its attach-
ment to its old allies, consents to pro-
long their state of neutrality, and, in
consequence, dispenses them from all
requisitions, real and personal, and
from quartering men at arms, for the
duration of the war and until a gen-
eral peace.

ART. III. The citizens and inhab-
itants of Mulhausen, of Ylzach and of
Modenheim, who may wish to quit the
territory, shall have the right to trans-
port into Switzerland, or elsewhere,
their persons and possessions, duly
authenticated; one year is accorded
them, dating from the exchange of the
ratification of these presents, to de-
part, and three years to complete the
sale and liquidation of their property
and debts.

364

ART. IV. Les biens de la ville, tant
ceux qu'elle possède dans sa propre
banlieue, que ceux qui lui appartien-
nent dans la banlieue d'Ylzach et qui
sont régis par le magistrat et ses agens,
ceux alloués à l'hôpital, les maisons
publiques et celles qui contiennent des
fonctionnaires publics, les moulins,
usines, terres labourables, prés, pa-
cages, forêts, situés, soit dans l’enclave
du territoire de Mulhausen, soit hors
ladite enclave, ainsi que les rentes et
cens qui pourraient être dus, soit à
la commune, soit à l'hôpital, ou telle
autre corporation ou fondation de
Mulhausen; en général, tout ce qui
fait partie du patrimoine de ladite ré-
publique, et ce qui s'entend sous le
nom générique de biens communaux,
appartiendront en toute propriété et
sans aucune soustraction á la com-
mune de Mulhausen.

Art. V. Les maisons, immeubles
et capitaux qui étaient l'apanage des
six corporations appelées tribus
(Zünfte) sont également regardés
comme biens communaux.

ART. VI. Les forêts, maisons et
biens fonds des ordres Teutonique et
de Malthe, de même que ce que pos-
sèdent en ville le chapitre d'Arlesheim
et l’abbaye de Lucelles, sont acquis à
la commune.

ART. VII. Les dispositions que la
République de Mulhausen aura prises
ou prendra encore jusqu’à l'échange
de la ratification des présentes, rela-
tivement aux biens éconcés ès [sic]
Articles IV, V et VI seront exécutés
selon leur forme et teneur.

DOCUMENTS

ART. IV. The property of the
town, not only that which it possesses
in its own suburbs, but that which be-
longs to it in the suburbs of Ylzach
and which are managed by the magis-
trate and his agents, those granted to
the hospital, public buildings and those
for public functionaries, mills, fac-
tories, cultivable lands, fields, -pas-
tures, forests, situated either in the in-
terior part of the territory of Mulhau-
sen or outside the said interior, as well
as the rents and quit-rents which may
be due, either to the commune, or to
the hospital, or any other corporation
or foundation of Mulhausen; in gen-
eral, all that makes a part of the patri-
mony of the said republic, and which
is understood under the generic name
of communal property, shall belong
in all right and without any subtrac-
tion to the commune of Mulhausen.

ART. V. The dwellings, real es-
tate and funds which were the ap-
panage of the six bodies called guilds
(Zunfte) are likewise regarded as
communal property.

Art. VI. The forests, buildings
and lands of the Teutonic Order and
of the Order of Malta, as well as what
the chapter of Arlesheim and the
abbey of Lucelles possess in the town,
shall belong to the commune.

Art. VII. The dispositions that
the Republic of Mulhausen may have
made or shall make up to the time of
the exchange of the ratification of
these presents regarding the properties
in Articles IV, V and VI shall be car-
ried out according to their form and
tenor.

MULHAUSEN AND GENEVA, 1798

ART. VIII. Les maisons, capi-
taux, rentes, foréts, communaux et
chenevières que la ville de Mulhausen
vient de céder aux habitans d’Ylzach
et de Modenheim, annexe dudit
Ylzach, leur appartiendront en pleine
propriété, sans aucune distraction, et
ils en disposeront ainsi qu'ils aviseront
et de la maniére qui paraitra la plus
convenable à leurs intérêts.

Art. IX. Pour encourager l’agri-
culture paralysée des communes de
Mulhausen et dépendances, le gou-
vernement francais déclare que les
rentes foncieres emphytéotiques, et
généralement quelconques, qui pe-
saient sur les biens fonds et immeubles
des citoyens de Mulhausen et de leurs
dépendances, au profit des ordres men-
tionnés dans l'Article VI et qui appar-
tiendraient à la nation, sont abolies
sans indemnité. Les possesseurs le-
gitimes de ces biens seront délivrés de
toute rétribution, et en jouiront en
parfaite propriété.

Art. X. Le tribunal de commerce
existant dans la commune de Mul-
hausen, y sera maintenu et organisé
d’après les lois de la République Fran-
çaise. Il y aura deux notariats dans
la ville de Mulhausen ; l’un sera exercé
par l’ancien greffier tabellion, et le sec-
ond par un citoyen à nommer.

Les titres, documents et protocoles
de la chancellerie seront déposés aux
archives qui auront un garde archi-
. viste à salarier par la commune. Il
sera établi, pour faciliter les relations
commerciales, une poste aux chevaux
à Mulhausen; celle des lettres y est

365

ART. VIII. The buildings, funds,
rents, forests, commons and hemp-
fields that the town of Mulhausen has
just ceded to the inhabitants of Ylzach
and of Modenheim, the annex of the
aforesaid Ylzach, shall belong to them
in full right, without any diminution,
and they may dispose of them as they
wish and in the manner that seems
the most suitable to their interests.

Art. IX. In order to encourage
the paralyzed agriculture of the com-
munes of Mulhausen and its depend-
encies, the French government de-
clares that the ground rents, long term
and any general rents whatsoever,
which bore upon the lands and estates
of the citizens of Mulhausen and of
their dependencies to the profit of the
orders mentioned in Article VI, and
which should belong to the nation,
are abolished without indemnity.
The legitimate possessors of these
lands are freed from all claims, and
will possess them in perfect right.

ART. X. The commercial court
existing in the commune of Mulhau-
sen shall be maintained there and or-
ganized according to the laws of the
French Republic. There shall be two
notarial offices in the town of Mul-
hausen; one shall be administered by
the former village notary, and the sec-
ond by a citizen to be named.

The titles, documents and protocols
of the chancellery shall be deposited
in the archives which shall be under
an archivist, whose salary shall be paid
by the commune. To facilitate com-
mercial relations a relay post shall be
established at Mulhausen; the mail

366

maintenue. Le gouvernement fran-
cais sera établi la communication di-
recte avec Bále, Colmar et Belfort; et
pour faciliter l’expédition des affaires,
il sera établi un bureau de timbre et
d’enregistrement dans la commune de
Mulhausen. L'époque de son acti-
vité sera fixée par le gouvernement,
ainsi que celle des paiemens des con-
tributions personnelles et fonciéres;
et comme il n'existe ni cadastres, ni
matrice de róle, puisque les citoyens
de Mulhausen ont été exempts des
contributions, il sera établi une com-
mission qui s'occupera de la confec-
tion du cadastre et des opérations pré-
liminaires, pour fixer et répartir les
contributions.

Et pour rassurer le commerce et
l'industrie de Mulhausen, et maintenir
le crédit des entrepreneurs qui travail-
lent avec des capitaux étrangers, le
gouvernement français déclare qu'il
entend conserver aux capitalistes de
Mulhausen et dépendances, Suisses et
autres étrangers, les mêmes droits,
et le système législation qui exis-
tait avant la réunion de la République
de Mulhausen, pour tous les actes,
et engagements antérieurs a cette
époque; tous les actes, soit hypothé-
caires, soit sous seing-privé; les dis-
positions, testamens, legs, et tous les

jugemens antérieurs à la ratification :

de la présente, seront exécutés d'après
les lois statuaires de la ville de Mul-
hausen.

ART. XI. La République de Mul-
hausen renonce à tous les liens qui

- DOCUMENTS

post is maintained there. The French
government shall have direct com-
munication established with Basle,
Colmar and Belfort; and in order to
expedite the transaction of business
there shall be established a stamp and
registry bureau in the commune of
Mulhausen. The period of its active
service shall be fixed by the govern-
ment, as well as that of the payment
of personal and land taxes; and as
there exist neither land offices nor
registers, since the ‘citizens of Mul-
hausen have been exempt from taxes,
there shall be established a commis-
sion which shall occupy itself with the
drawing of a register and preliminary
operations for fixing and apportion-
ing the taxes.

And in order to restore the confi-
dence of trade and industry in Mul-
hausen and to maintain the credit of
the contractors working with foreign
capital, the French government de-
clares that it intends to conserve for
the capitalists of Mulhausen and its
dependencies, Swiss or other foreign-
ers, the same rights, and the system
of legislation which existed before the
union of the Republic of Mulhausen,
in regard to all instruments, and en-
gagements previous to this period; all
the instruments, whether mortgages
or under privy seal; dispositions,
wills, legacies, and all judgments an-
terior to the ratification of the pres-
ent, shall be executed according to the
statutory laws of the town of Mul-
hausen.

Art. XI. The Republic of Mul-
hausen renounces all the ties that

MULHAUSEN AND GENEVA, 1798

l’unissaient au corps helvétique; elle
dépose et verse dans le sein de la Ré-
publique Francaise ses droits à une
souveraineté particuliere, et charge le
gouvernement francais de notifier aux
cantons helvétiques, de la manière la
plus amicale, que leurs anciens alliés
seront désormais partie intégrante
d'un peuple qui ne leur est pas moins
cher, et dans lequel ils ne cesseront pas
d'étre en relation intimes avec leurs
anciens amis.

ART. XII. La ratification du pré-
sent traité sera échangée dans le mois,
à compter du jour de la signature.

Fait à Mulhausen, le 9 pluviôse, an
6, et ratifié par le directoire exécutif
le 22. du méme mois; par le conseil
des cinq cents le 4 ventôse et par le
conseil des anciens le 22. ventose
an 6.

367

united it to the Swiss body ; it deposits
and pours into the bosom of the
French Republic its rights to private
sovereignty, and charges the French
government to notify the Swiss can-
tons, in the most friendly manner, that
their old allies will be in future an
integral part of a people who are not
less dear to them, and in which they
will not cease to be in intimate rela-
tion with their former friends.

Art. XII. The ratification of
these presents shall be exchanged
within the month, counting from the
day of signature.

Done at Mulhausen, the 9th Plu-
viose, Year 6, and ratified by the
executive Directory the 22d of the
same month; by the Council of 500
the 4th Ventòse and by the Council of
Ancients the 22d Ventôse, year 6.

Decree of the Directory Appointing Citizen Desportes Commissioner to the

Republic of Geneva, to Receive the Vote of Union.

Le Directoire, informé que les cito-
yens de la République de Genève doi-
vent s'assembler incessamment pour
délibérer de leur réunion à la Répub-
lique française, arrête ce qui suit:

ART. I. Le citoyen Desportes, ré-
sident de la République française près
celle de Genève, et nommé commis-
saire du gouvernement, à l’effet de
conférer avec les magistrats, citoyens
et habitants de cette dernière Répub-

March 25, 1798 !

The Directory, informed that the
citizens of the Republic of Geneva
are to assemble immediately to delib-
erate on their union with the French
Republic, decrees as follows:

ARTICLE I. Citizen Desportes, rep-
resentative of the French Republic to
that of Geneva, is appointed Commis-
sioner of the Government, for the pur-
pose of conferring with the magis-
trates, citizens and inhabitants of the

1 Mémoires et documents publiés par la Société d’histoire et d'archéologie de Genève.

Series 4, vol. 4, Geneva, 1915.

368

lique sur tout ce qui peut avoir trait
a leur demande tendante à la réunion
dont il s’agit, ainsi qu'aux opérations
préliminaires et subséquentes y rela-
tives.

ART. IL Il est chargé en consé-
quence de recevoir le vœu des citoyens
et habitants de la République de Ge-
neve, de le constater, d'en stipuler le
mode et les conditions par tel traité ou
acte qu’il appartiendra, et dont il ad-
ressera sur le champ un double au Di-
rectoire exécutif.

DOCUMENTS

latter Republic regarding all that may
pertain to their request concerning the
union in question, as well as the pre-
liminary and subsequent operations
relative to it.

Art. II. He is accordingly in-
structed to receive the vote of the citi-
zens and inhabitants of the Republic
of Geneva, to establish it, to stipulate
the manner and conditions by such
treaty or act as may be proper, of
which a copy shall at once be for-
warded to the Executive Directory.

Treaty of Union of the Republic of Geneva with the French Republic. April
26, 1798 *

Art. I. La république francaise
accepte le voeu des citoyens de la ré-
publique de Genève, pour leur réunion
au peuple francais; en conséquence
les Genevois, tant ceux qui habitent
la ville et le territoire de Genève, que
ceux qui sont en France ou ailleurs,
sont déclarés français-nés.

Les Genevois absens ne sont pas
considérés comme émigrés; ils pour-
ront en tous temps revenir en France,
et sy établir. Ils jouiront de tous
les droits attachés à la qualité de cito-
yen français, conformément à la con-
stitution.

Le gouvernement français considé-
rant que les nommés Jacques Mallet
du-Pan l’aine, François d’Yvernois et
Jacques-Antoine-Duroveray, ont écrit
et manœuvré ouvertement contre la

ARTICLE I. The French Republic
accedes to the wish of the citizens of
the Republic of Geneva, for their un-
ion with the French people; conse-
quently the Genevois, both those in-
habiting the city and territory of Ge-
neva and those who are in France or
elsewhere, are declared to be“ French-
born.”

The absent Genevois are not con-
sidered as emigrants; they may at any
time return to France and establish
themselves there. They shall enjoy
all the rights belonging to the French
citizenship, according to the Consti-
tution. |

The French government, consider-
ing that Jacques Mallet du-Pan, the
elder, François d’Yvernois and
Jacques - Antoine - Duroveray have
openly written and labored against the

1 Martens, Recueil des Traités, 2d edition, vol. 7, p. 659.

MULHAUSEN AND GENEVA, 1798

république francais, déclare qu'ils ne
pourront en aucun temps étre admis à
l'honneur de devenir citoyens fran-
gais.

Art. II. Les Genevois qui vou-
dront transporter leur domicile en
Suisse ou ailleurs, auront pendant un
an, a dater de la ratification des pre-
sentes, la faculté de sortir avec leurs
effets mobiliers, dúment constatés.
Ils auront trois ans pour opérer la
vente et la liquidation de leurs biens
et créances, et pour en exporter le
prix.!

Art. XIII. La république de Ge-
nève renonce aux alliances qui l’unis-
saient à des états étrangers; elle dé-
pose et verse dans le sein de la grande
nation, tous ses droits à une souve-
raineté particulière.

ART. XIV. La ratification? du
présent traité sera échangée dans le
mois, à compter du jour de la signa-
ture.

Fait double à Genève, le 7 floréal,
an 6 de la république française, une
et indivisible.

Signé: Moise-Moricand, syndic;
Samuel Musard, syndic; L. Guérin,
syndic de la garde; Paul Louis Rival,
syndic; Esau Gasc, secrétaire; Fran-
çois Romilly, secrétaire. Le commis-
saire du gouvernement français ; signé
FELIX DESPORTES.

369

French government, declare that they
may never at any time be admitted
to the honor of French citizenship.

ART. II The Genevois who may
wish to change their domicile to Swit-
zerland or elsewhere, shall have, for
one year dating from the present rati-
fication, the right to depart with their
personal property duly authenticated.
They shall have three years in which
to effect the sale and liquidation of
their real property and debts, and to
remove the amounts received.

ART. XIII The Republic of Ge-
neva renounces the alliances which
unite it to foreign states; it deposits
and delivers into the bosom of the
great nation all its rights of private
sovereignty.

Art. XIV. The ratification of the
present treaty shall be exchanged
within the month, counting from the
date of signature.

Done in duplicate at Geneva, the 7
floréal, year 6 of the French Repub-
lic, one and indivisible.

Signed: Moise-Moricand, syndic;
Samuel Musard, syndic; L. Guérin,
chief of the guard; Paul Louis Rival,
syndic; Esau Gasc, secretary; Fran-
cois Romilly, secretary. The Com-
missioner of the French Gouvern-
ment; signed FELIX DESPORTES.

1 The further provisions are similar to those of the treaty with Mulhausen regarding
communal property and advantages to be enjoyed by the city.

2 Ce traité a été signé par le directoire exécutif, le 9 floréal, et ratifié par le conseil des cinq
cents le 9 et par le conseil des anciens, le 28 du méme mois.

(Translation) :

This treaty was signed by the Executive Directory on the 9th floréal,

and ratified by the Council of the Five Hundred on the 9th, and by the Council of Ancients

on the 28th of the same month.

The Period of 1848-1870

ITALIAN PLEBISCITES OF 1848

LOMBARDY

Proclamation of the Municipality of the City of Milan on Assuming. Power.
March 20, 1848 !

Le terribili circonstanze di fatto
per le quali la nostra città e abban-
donata dalle diverse autorità fa sì che
la Congregazione municipale debba
assumere in via interinale la direzione
d'ogni potere allo scopo della pubblica
sicurezza. Egli è perciò che si fa un
dovere di far noto ai cittadini che sino
a nuovo avviso essa concentrerà mo-
mentaneamente le diverse attribuzi-
oni onde condurre le cose al fine des-
iderato dell’ ordine e della tranquillità.
Ai membri ordinari della Congrega-
zione vengono aggiunti in via prov-
visoria i signori: Vitaliano Borro-
meo — Francesco Borgia — Alessan-
dro Porro — Teodoro Lecchi — Giu-
seppe Durini — Avv. Anselmo Guer-
rieri — Avv. Enrico Guicciardi — Ga-
etano Strigelli.

Milano, 20 marzo 1848, ore una
pomeridiana.
CASATI, Podestà — BERETTA,
assessore.

On account of the terrible events
through which our city has been
abandoned by the diverse authorities,
it devolves upon the Municipality to
assume the direction of all functions
in internal matters for the sake of
public security. For this reason it is
necessary to notify the citizens that
until further notice the several func-
tions are concentrated for the present
in its hands in order to bring about
the desired order and tranquillity. To
the regular members of the congrega-
tion are added provisionally Messrs. :
Vitaliano Borromeo, Francesco Bor-
gia, Alessandro Porro, Teodoro
Lecchi, Giuseppe Durina, Anselmo
Guerrieri, barrister, Enrico Guicciar-
di, barrister, Gaetano Strigelli.

Milan, March 20, 1848, 1 P.M.
Casati, Mayor; BERETTA,
Secretary.

1 Le Assemblee del Risorgimento, vol. 1, Piemonte — Lombardia — Bologna — Modena —

Parma, p. 119.

ITALIAN PLEBISCITES OF 1848

371

The Provisional Government Postpones all Discussion as to the Political Fu-

ture of Lombardy.

GOVERNO PROVVISSORIO

Finchè dura la lotta non è oppor-
tuno di mettere in campo opinioni sui
futuri destini politici di questa nostra
carissima Patria.

Noi siamo chiamati per ora a con-
quistarne l’independenza, e i buoni
cittadini di null’altro debbono adesso
occuparsi che di combattere.

A causa vinta i nostri destini sar-
anno discussi e fissati dalla Nazione.

22 marzo 1848.
CASATI, Presidente.

Cittadini!

Attendete che ogni terra italiana sia
libera; attendete che tutti quelli che
la coltivano, che la fecondano col
sudor della fronte, che la difendono
adesso col braccio, possano alzare li-
beramente la voce, . . .

Milano, il 29 marzo 1848. :

CASATI, Presidente.

Proclamation of King Carlo Alberto Promising a Free Vote.

March 22, 1848 1

THE PROVISIONAL GOVERNMENT

While the struggle is still going on
it is not expedient to enter into dis-
cussion as to the future political des-
tiny of our beloved country.

To-day we are called to conquer
our independence and good citizens
should occupy themselves with noth-
ing but fighting.

Our cause victorious, our destinies
shall be discussed and settled by the
nation.

March 22, 1848.

CASATI, President

Citizens!

Let us await the time when all Ital-
ian territory shall be free; the time
when all who cultivate the soil, who
water it with the sweat of their brows,
who are defending it now with their
arms, can raise their voices freely, . . .

Milan, March 29, 1848.

CASATI — President.

March 31,

1848 ?

ITALIANI DELLA LOMBARDIA, DELLA
VENEZIA, DI PIACENZA E REGGIO!

Chiamato da quei vostri concitta-
dini, nelle cui mani una ben meritata
fiducia ha riposto la temporaria di-

1 Le Assemblee, vol. 1, p. 120.
2 Ibid., vol. 1, p. 122.

ITALIANS OF LoMBARDY, VENETIA,
PIACENZA AND REGGIO!

Called by those of your fellow citi-
zens, in whose hands a well merited
trust has placed the temporary direc-

372

rezione della cosa pubblica, e sopra-
tutto spinto visibilmente dalla mano
di Dio, il quale, condonando alle tante
sciagure sofferte da questa nostra
Italia le colpe antiche di lei, ha voluto
ora suscitarla a nuova gloriosissima
vita, lo vengo tra voi alla testa del
mio esercito, secondando così i più
intimi impulsi del mio cuore; io ven-
go tra voi non curando di prestabilire
alcun patto: vengo solo per compiere
la grande opera dal vostro stupendo
valore così felicemente incominciata.

Italiani! la vostra vittoria è certa:
le mie armi abbreviando la lotta ricon-
durranno tra voi quella sicurezza che
vi permetterà di attendere con animo
sereno e tranquillo a riordinare il
vostro interno reggimento: il voto
della Nazione potrà esprimersi ver-
acemente e liberamente: in quest'ora
solenne vi muovano sopratutto la car-
ita della patria e l’abborrimento delle
antiche divisioni, delle antiche dis-
cordie, le quali apersero le porte
d’Italia allo straniero : invocate dall'al-
to le celesti ispirazioni; e che l’angel-
ico spirito di Pio IX scorra sopra di
voi: Italia sarà!

Dal Nostro Quartier Generale

in Lodi, tl 31 marzo 1848.
CARLO ALBERTO.
Il ministro della guerra Franzini.

DOCUMENTS

tion of public affairs, and, above all,
visibly impelled by the hand of God,
who, pardoning her ancient sins be-
cause of the misfortunes suffered by
this Italy of ours, has desired to sum-
mon her to a new and most glorious
life, I come to you at the head of my
army, thus obeying the dearest wish
of my heart; I come to you not desir-
ing to make any anticipatory com-
pact: I come solely to fulfil the great
work so happily begun by your stu-
pendous valor.

Italians: Your victory is certain:
My arms, by shortening the struggle, .
shall restore security to you which
will permit you to await with serene
and tranquil mind the reordering of
your internal system: the wish of the
nation shall be expressed freely: in
this solemn hour you should be actu-
ated above all by love of country and
hatred of the ancient divisions and of
the ancient discords, which opened the
gates of Italy to the foreigner. In-
voke from on high celestial inspira-
tion, and may the angelic spirit of
Pius IX watch over you. There shall
be an Italy.

From Our Headquarters, at Lodi,

March 31, 1848.
CARLO ALBERTO
Franzini, Minister of War.

ITALIAN PLEBISCITES OF 1848

373

Confidential Communication to the Government of Lombardy Expressing the
Desire of Carlo Alberto for the Convocation of an Elective Assembly to

Decide the Destinies of the Italian Provinces.

Lodi, 31 marzo 1848.

PREGIATISSIMO SIGNOR CONTE CA-
SATI,

Le trasmetto confidenzialmente
copia di una ‘nota progettata nei Con-
sigli del Re, la quale mi venne pure
confidenzialmente comunicata. Mi
scriva, la prego, il di lei privato parere
su questo documento per mia norma
c governo; desidero però NON NE SIA
AD ALTRI FATTA PAROLA.

Mi credo intanto,

Obbligatissimo,
MARTINI.

Inclusa nota. Sua Maestà m'in-
carica di significare a Vossignoria le
cose qui appresso. Nel riconoscere
il Governo provvisorio residente in
Milano, e nel trattare con esso, Sua
Maestà ha inteso di aver che fare con
un potere che la sola forza imperiosa
delle circostanze aveva investito di
quell’ autorità, che con tanto patriot-
tismo ha saputo esercitare. Sua Ma-
està considera (ed è lieta di trovarsi
in ciò pienamente concorde col senti-
mento già chiaramente e pubblica-
mente espresso dal Governo prov-
visorio) che al solo popolo che con
tanto valore ha saputo di recente lib-
erarsi dal giogo straniero, spetta il
sacro diritto di determinare la forma
del suo proprio Governo. È perciò
desiderio di Sua Maestà che il Gov-
erno provvisorio provveda, nel più

1Le Assemblee, vol. 1, p. 124.

March 31, 1848 *

Lodi, March 31, 1848.

To THE MOST ESTEEMED COUNT CA-
SATI,

I send you confidentially a copy of
a note proposed in the Royal Council,
which was also communicated to me
in confidence. Write me, I pray you,
your personal judgment on this docu-
ment, for my rule and guidance; I
desire, however, that NO MENTION OF
IT BE MADE TO ANY ONE ELSE.

Believe me

Your obedient servant
MARTINI.

Note inclosed. His Majesty in-
structs me to inform your Excellency
of the following matter. In recog-
nizing the Provisional Government
sitting at Milan, and in treating with
it, His Majesty had the intention of
dealing with a body which has been
invested with authority solely through
the imperious force of circumstances,
and which has known how to exer-
cise it with so much patriotism. His
Majesty is of the opinion (and happy
to find himself, in this, in complete
accord with the sentiments already
clearly and publicly expressed by the
Provisional Government) that to the
people alone, who with so much valor
have known how to deliver themselves
recently from the foreign yoke, be-
longs the sacred right of determining
the form of its own government.

374

breve tempo possibile, alla convoca-
zione di quell’ assemblea elettiva, che
dovrà sovranamente decidere dei fu-
turi destini di queste belle provincie
italiane.

È pure desiderio di Sua Maestà (ed
anche in ciò confida di trovarsi piena-
mente d’accordo colle intenzioni del
Governo provvisorio) che l’Assem-
blea emani da un sistema di elezioni
larghissimo e liberalissimo ; per modo
che le decisioni di essa possano real-
mente riguardarsi siccome l’espres-
sione la più sincera del comun voto.

Compiacciasi la Signoria Vostra di
trasmettere questa nota al Governo
provvisorio di Milano e di pregare
quest’ ultimo a volerla diramare ai
Governi provvisori delle altre città
della Lombardia e della Venezia e in
quelli ancora di Piacenza e di Reggio;
in questo modo Sua Maestà intende di
esprimere il suo desiderio che la città
di Milano sia sede dell'Assemblea che
sta per convocarsi.

Vostra Signoria è anche autoriz-
zata di far pubblicare per le stampe,
d'accordo col proprio Governo, la
presente nota.

Il ministro della guerra e marina,

FRANZINI.

DOCUMENTS

For this reason it is the desire of His
Majesty that the Provisional Govern-
ment shall provide, as quickly as pos-
sible, for the convocation of an elec-
tive assembly, which shall have the
sovereign function of deciding as to
the future destiny of these beautiful
Italian provinces.

It is also the desire of His Majesty
(and in this again he is confident of
finding himself in complete accord
with the intentions of the Provisional
Government) that the electoral system
from which the Assembly shall result,
shall be very broad and very liberal,
in order that the decision of the same
may be really regarded as a most sin-
cere expression of the common will.

May it please Your Excellency to
transmit this note to the Provisional
Government at Milan and to beg the
latter to be so good as to repeat it to
the Provisional Government of the
other cities of Lombardy and Venetia,
and also to the Government of Pia-
cenza and of Reggio; His Majesty
takes this means of expressing his de-
sire that the city of Milan should be
the seat of the Assembly which is to
be convoked.

Your Excellency, in agreement
with your own Government, is also
authorized to make publication of the
enclosed note in the press.

Minister of War qnd of the Navy,

FRANZINI.

ITALIAN PLEBISCITES OF 1848

375

The Provisional Government Appoints a Commission to Draw up a Plan for

the Convocation of a National Assembly.

GOVERNO PROVVISORIO CENTRALE
DELLA LOMBARDIA

Affinchè la Nazione con un voto
libero, che sia la vera espressione del
poter popolare, possa decidere i fu-
turi destini della patria, 11 Governo
provvisorio ha fisso di convocare nel
più breve termine possibile una Rap-
presentanza nazionale.

A quest'uopo, avendo riconosciuto
che nella gloriosa rigenerazione d’un
popolo non si può che fare appello a
tutti i cittadini, e interrogare il loro
voto; e considerando quanto sia nec-
essario uno studio accurato ed una
disamina imparziale de’mezzi più ac-
conci a conoscere veramente il voto
universale, il Governo provvisorio
crede opportuno di circondarsi dei
lumi di tutti i concittadini e di farsi
forte del loro consiglio. E però

DETERMINA:

È istituita una Commissione spe-
ciale, che senza dimora si occupi a
studiare e a proporre un progetto di
legge per la convocazione delle As-
semblee primarie e circa il modo di
riunirle, di raccoglierne e verificarne i
voti.

Questa Commissione € presieduta

1 Le Assemblee, vol. 1, p. 127.

April 8, 1848 1

THE CENTRAL PROVISIONAL GOVERN-
MENT OF LoMBARDY

In order that the nation, by a free
vote which shall be the true expres-
sion of the popular will, may be able
to decide the future destiny of the
country, the Provisional Government
has determined to convoke as soon as
possible a representative national
body.

To this end, having recognized that
in the glorious regeneration of a peo-
ple one can not do otherwise than
make an appeal to all the citizens and
inquire as to their will; considering
how very necessary is an accurate
study and an impartial examination
of the most appropriate means by
which to truly ascertain the national
will, the Provisional Government be-
lieves it to be expedient to avail itself
of the intelligence of all the citizens
and to strengthen itself by their
councils. It therefore

DECREES :

The institution of a special commis-
sion, which shall occupy itself without
delay with the study and the presen-
tation of a bill providing for the con-
vocation of the primary assemblies
and for the method of convoking
them and of receiving and collecting
the votes.

This Commission shall be presided

376

da un commissario del Governo prov-
visorio che possa darle all'uopo quegli
schiarimenti che avesse a desiderare.

Essa è composta de’ seguenti citta-
dini:

Alessandro Porro, commissario
governativo, Presidente, Gioachino
Basevi, Paolo Bassi, Giovanni Ber-
chet, . ..

Questa Commissione potrà chia-
mare nel suo seno altri membri, nom-
inare il proprio segretario, determinar
l'ordine delle sedute; le quali, dov'essa
lo trovasse opportuno, potranno anche
essere pubbliche. |

Avrà cura la Commissione che il
suo progetto sia pur suscettivo di
poter essere adottato anche dagli altri
paesi d’Italia che ora si stanno cos-
tituendo.

La migliore, la più grande vittoria
che avremo ottenuta sarà quella
dell'unità nazionale.

Milano, l'8 aprile 1848.

GABRIO CASATI, Presidente.

The Provisional Government of Lombardy Proclaims a Plebiscite.

DOCUMENTS

over by a commissioner of the Pro-
visional Government who shall be
able to give, at need, such explana-
tions as may be desired.

The Commission is composed of
the following citizens:

Alessandro Porro, Government
Commissioner, President; Gioachino
Basevi, Paolo Bassi, Giovanio Ber-
chet; . ..

The Commission may add to itself
other members, nominate its own
secretary, and determine the rules of
the sessions, which if it is found ex-
pedient, shall be public.

The Commission shall take care
that its proposition shall be capable
of being adopted also by the other
divisions of Italy now organizing
themselves.

The best, the greatest victory which
we shall have achieved, will be that of
national unity.

Milan, April 8, 1848.

GABRIO CASATI, President.

May 12,

1848 ?

GOVERNO PROVVISORIO DELLA
LOMBARDIA

. Milano, 12 maggio 1848.
CITTADINI! |
Il Governo provvisorio della Lom-
bardia, sorto tra le barricate, tiene il

PROVISIONAL GOVERNMENT OF
LOMBARDY

Milan, May 12, 1848.
CITIZENS!
The Provisional Government of

Lombardy, born among the barri-

1Le Assemblee, vol. 1, p. 196. The proclamation was published in the official gazette
“Il 22 Marzo” on May 14. It was to be posted in each parish of each commune. Jbid.,

p. 200.

ITALIAN PLEBISCITES OF 1848

suo mandato dal fatto sublime dell'
eroica nostra rivoluzione, la quale,
operata dal concorso di tutte le forze
sociali, non aveva altro scopo che la
cacciata dell'Austriaco e la conquista
dell'independenza italiana. Perciò,
fin da quando tuonava il cannone nelle
nostre contrade, e il popolo rispon-
deva a'colpi micidiali gridando Viva
P’Italia!, 11 Governo, anche nella pres-
sura di quel momento, anche invocan-
do il soccorso del generoso Re Sardo,
anche ammirando le prove di maturi-
tà politica che dava il nostro valoroso
popolo, disciplinato e mite nei furori
stessi di una guerra a morte, non cred-
ette d'alzare altro grido che il grido
di Viva l’Italia! altro vessillo che il
vessillo dell'independenza nazionale.
Così, lasciando intatte tutte le quis-
tioni di forma politica e di ordina-
mento definitivo, volle che queste re-
gioni, per tanti anni forzate a chi-
amarsi straniere all'Italia, prime
tornassero alla Patria comune e,
rassegnate ad ubbidirne i voleri, proc-
lamassero la loro devozione all’Italia
unita e concorde.

Quindi nel Proclama del 22 marzo
dichiarava che, essendo chiamati a
conquistare l'independenza di questa
nostra carissima Patria, di null’altro +
buoni cittadini doveano allora occu-
parsi che di combattere; quindi nel
Proclama del 29 marzo soggiungeva:
Poichè un solo grido — l’indepen-
denza — ci ha fatto vincere, un solo

377

cades, holds its mandate from the
sublime fact of our heroic revolution,
which, brought about by the combina-
tion of all the social forces, had no
other purpose than the expulsion of
the Austrians and the conquest of
Italian independence. Therefore,
from the time when the cannon thun-
dered in our land and the people an-
swered the murderous blows with the
cry of “ Long live Italy!” the Gov-
ernment, although under the pressure
of the moment, and praying for the
success of the generous Sardinian
King, and marvelling at the proof of
political maturity given by our valor-
ous people, disciplined and mild even
amid the fury of a war to the death,
has had no thought of raising any
other cry save that of ‘ Long live
Italy !””, no other standard than that
of national independence. Thus,
leaving untouched all the questions of
political form and of definitive organ-
ization, it determined that these
regions, forced for so many years to
call themselves foreign to Italy,
should be first to join the common
country and, submitting to its wishes,
should proclaim their devotion to
Italy, united and harmonious.

Hence in the Proclamation of.
March 22, it was proclaimed that,
“being called to conquer the inde-
pendence of this our beloved Coun-
try, good citizens should occupy them-
selves with nothing but fighting,”
hence in the Proclamation of March
29 was added, “ Since there was one
cry alone — Independence? which

378

grido deve farci compiere la vittoria:
L'ITALIA UNITA E LIBERA.

Ma ora, o cittadini, il grido salva-
tore di Viva l’Italia! che, riassumeva
tutta quanta la politica del Governo
provvisorio, non esce più solo.
Quella coraggiosa neutralità d’opin-
ioni, quella forte aspettativa che sa-
rebbe stata uno spettacolo unico nella
storia, che avrebbe offerto un mera-
viglioso esempio di temperanza, di
momentaneo sacrificio di ciò che
l'uomo men facilmente tempera e sa-
crifica, non venne conservata. Quella
santa concordia, quella generale fra-
tellanza per cui ogni cittadino vedeva
e cercava negli altri cittadini de’com-
militoni, quella magnanima tolleranza
che nulla voleva dal presente e tutto
aspettava dall’avvenire, pur troppo
hanno dato luogo all’impazienza sdeg-
nosa ed irritante. Indocili di freno,
smaniose di preoccupare il libero ar-
ringo, le opinioni si agitarono, si ac-
cusarono a vicenda, s'accamparono le
une contro alle altre. La neutralità
ch’era proclamata per impedire i dis-
sidi e le discussioni inutili in faccia al
nemico, la neutralità che era stata
proclamata in ossequio alla Patria
italiana perchè tutto si riferisse a’ su-
premi di lei interessi e intorno alla
sacra di lei bandiera si raccogliessero
per unificarsi tutti i desideri, tutti i
voti, ora viene accusata di nutrire e
fomentare le discordie civili, d’autor-
izzare le più avverse e nemiche spe-
ranze, di tenere tutto il resto d’Italia
in una paurosa incertezza.

DOCUMENTS

has brought victory, one cry alone
should make the victory complete;
‘ITALY UNITED AND FREE!’ ”

But to-day, oh Citizens, the saving
cry of “Long live Italy!” which
summed up the policy of the Provi-
sional Government, is not the only one
heard. That courageous neutrality
of opinion, that steadfast patience
which would have been a spectacle
unique in history, offering a stupend-
ous instance of temperance, of the
momentary sacrifice of that which
men less easily tolerate and sacrifice,
was not preserved. That sacred har-
mony, that general fraternity through
which each citizen was seeking among:
the other citizens for brothers in
arms, that magnanimous patience
which asked nothing of the present
and expected everything of the future,
all these things unfortunately have
given place to contemptuous and irri-
tating impatience. Intolerant of re-
straint, covetous of the first place in
the open forum, the various opinions
became articulate, making mutual ac-
cusations and arraigning themselves
each against the other. The neutral-
ity proclaimed in order to avert dis-
sension and useless discussion in face
of the enemy, that neutrality pro-
claimed in obedience to the Italian
Mother Country, in order that every-
thing be referred to her supreme in-
terests and that around her sacred flag
all should be joined together for the
sake of unifying all desires, is now ac-
cused of nourishing and fomenting
civil discord, of giving rise to the
most adverse and unfriendly hopes,

ITALIAN PLEBISCITES OF 1848

Ne gli animi si contennero nei limiti
di una discussione che nel suo ardore
era già pericolosa; ma in molte prov-
incie si pubblicarono indirizzi, si rac-
colsero firme a miglaia, preludendo
così al voto della Nazione: società
s organizzarono con nomi e intenti di-
versi, in cui le quistioni più sottili ed
ardenti vennero agitate, discusse, pub-
blicate: la stampa legale, la stampa
anonima si diedero ad esercitare
propagande fra loro contrarie, susci-
tarono passioni, alimentarono spe-
ranze, insinuarono, imposero la con-
venienza, la necessità di riescire ad
uno scioglimento.

E intanto da tutte parti ci giungono
inviti, raccomandazioni pressanti di
prendere una risoluzione : Popoli, Gov-
erni, Città, uomini ragguardevoli pel
senno, pel patriottismo, per le guaren-
tigie date alla causa italiana, ci esor-
tano ad escire de quel campo in cui
c'eravamo trincerati in aspettazione di
quello che fossero per maturare gli
avvenimenti generali d’Italia.

In questo stato di cose il Governo
provvisorio di Lombardia non può più
aver fiducia nel principio di quella
neutralità che aveva proclamata per
consacrarsi tutto alla guerra e alla
difesa del paese. L’aveva procla-
mata per poter essere un Governo
unicamente guerriero ed ammini-
stratore: ed ora invece si trova tra-
scinato in mezzo alle distrazioni di in-
cessanti dispute politiche, e costretto

379

and of keeping all the rest of Italy in
a dreadful uncertainty.

Nor did they keep themselves
within limits in a discussion already
dangerous on account of its fervor;
but in several provinces addresses
were published, and thousands of
signatures were collected, thus antici-
pating the vote of the nation; soci-
eties were organized with various
titles and purposes, in which the most
subtle and vital questions were agi-
tated, discussed and made public.
The official press and the anonymous
press began to spread propaganda of
different kinds, to arouse passions, to
nourish hopes, to make insinuations,
to maintain the expediency and the
necessity of coming to a solution.

In the meantime, from all sides
there come to us invitations and press-
ing recommendations to come to a
decision; peoples, governments, cities,
men noted for their judgment, for
their patriotism, for the guarantees
given by them to the Italian cause, ex-
hort us to issue from that barricade
behind which we had intrenched our-
selves while awaiting the general de-
velopments in Italy.

During this state of affairs the
Provisional Government of Lom-
bardy can no longer trust in the prin-
ciple of that neutrality which it had
proclaimed in order to wholly conse-
crate itself to the war, and to the de-
fence of the country. It had pro-
claimed it in order to be exclusively
a military and administrative govern-
ment, and now, instead, it is forced
into the distraction of incessant polit-

380

a difendersi ogni giorno dall’insist-
enza delle più divergenti opinioni.

Questo stato di cose non può durare.
O il popolo riprenda il suo impegno
di non voler parlare di politica, e con
la sua grande voce imponga silenzio
ai partiti; o si decida per quella fu-
sione che sola è naturale, sola è pos-
sibile nelle presenti circostanze.

In favore del principio della neu-
tralità stava la grandiosità e l’unità
del concetto che tutto subordinava
al voto dell'intera: Nazione. Ma,
perchè si persistesse a professare e
praticar questo principio, bisognava
che gli animi si componessero in calma,
che si confermassero nel coraggio
della pazienza: bisognava avere una
stima grandissima degli uomini, un
giudizio continuamente pacato delle
cose: bisognava in ispecie che diven-
tasse legge per tutti il rispetto fra-
terno delle opinioni di tutti. Ne
veramente era da sperarsi che una
tale condizion d’animi, una tale an-
negazione d’ogni simpatia individua,
d’ogni preoccupazione di dottrine e
di fatti, a lungo durasse. Ma, quan-
do si accoglieva tale speranza, guerra
breve e vittoria sicura erano nel pen-
siero di tutti; e perciò a tutti pareva
facile e naturale rimettere a causa
vinta la discussione dei destini po-
lstici del paese.

Invece, guerra grossa, sanguinosa,
lunga, armamento di tutto il paese;
leva ed organizzazione di un esercito
lombardo; sussistenze per questo, pel

DOCUMENTS

ical disputes and is obliged to defend
itself constantly from the most di-
vergent and insistent opinions.

This state of affairs cannot endure.
Either the people should take back
again its pledge of not wishing to
speak of politics, and with its mighty
voice impose silence on the parties;
or it should decide for that fusion
which is alone natural and alone pos-
sible in the present circumstances.

In favor of this principle of neu-
trality were the greatness and the
unity of the conception which sub-
ordinated everything to the will of
the entire nation. But, it was neces-
sary that minds should become calm
and confirmed in the courage of pa-
tience, in order that we should con-
tinue to profess and practice this prin-
ciple; it was necessary to have a very
great respect for men, a persistently
temperate judgment of affairs, it was
especially necessary that a fraternal
respect for other's opinions should be-
come law for all. Nor was it really
to be hoped that such a condition of
mind, such a renunciation of all indi-
vidual sympathies, of all preconceived
convictions as to doctrines and facts,
should long endure. When this hope
was conceived, a short war and a cer-
tain victory were in the thoughts of
all; and therefore it seemed easy and
natural to all to put off “ until our
cause is victorious, the discussion of
the political destinies of the country.”

Instead, a great, long and san-
guinary war, the arming of the whole
country, conscription and organiza-
tion of a Lombard army, supplies for

ITALIAN PLEBISCITES OF 1848

piemontese, pel toscano, pel romano,
pel napolitano; finanze che hanno
bisogno di rimedi e sussidi pronti, ef-
ficaci, ubbiditi senza contraddizione
in tutto il territorio; complicazioni
politiche imprevedute; influenze ostili
della straniera diplomazia; bisogno
urgente d’aver posto nel consorzio
delle nazioni d'Europa; le provincie
venete in gran parte rioccupate dai
barbari; ecco le nuove e gravi con-
dizioni nelle quali il paese si trova e
che consigliano una decisione.

Quale sarà questa decisione?
Certo quella che più favorisca la gran
causa d'Italia, quella che più acceleri
il fine della guerra dell’independenza.
E però come Lombardi, in nome e
per l’interesse di queste provincie,
come Italiani, per l'interesse di tutta
la Nazione, dobbiamo riconoscere
provvido il pensiero che le nostre terre
si associno al vicino e bellicoso Pie-
monte, salve le communi guarentigie
della libertà, per formare dell'alta
Italia un inespugnable baluardo con-
tro tutte le forestiere invasioni, sotto
lo scettro costituzionale di quell’ilus-
tre Casa di Savoia a cui la storia as-
segnò il glorioso titolo di guardiana
delle porte d’Italia.

Già Parma e Modena ci hanno
preceduto nella manifestazione più o
meno esplicita di questo voto che in-
izia in si nobile parte d'Italia il gran
pensiero dell’italica unità: già la Si-
cilia, dichiarando solennemente di
commettere le sue sorti al reggimento
monarchico costituzionale, ci ha mos-

381

this and for the Piedmontese, for the
Tuscan, the Roman, the Neapolitan
armies; finances in need of remedy,
and subsidies ready, efficacious and
cbeyed without question throughout
all the territories. Unforeseen polit-
ical complications; hostile influences
of foreign diplomacy ; the urgent need
of a place in the Society of European
Nations; Venetia in great part reoc-
cupied by the barbarians; these are
the new and grave conditions in which
the country finds itself and which
render a decision expedient.

What shall this decision be? Cer-
tainly that which will best favor the
great cause of Italy, which will best
accelerate the object of the war of
independence. Therefore, as Lom-
bards, in the name and for the inter-
est of these provinces; as Italians, in
the interest of the whole nation, we
must, recognize the wisdom of the
thought that our land, in order to
make of Upper Italy an invincible bul-
wark against any foreign invasion,
should associate itself with the neigh-
boring and warlike Piedmont, with
mutual guarantees of liberty, under
the constitutional sceptre of that illus-
trious House of Savoy to which his-
tory has assigned the glorious title of
Guardian of the Gates of Italy.

Already Parma and Modena have
preceded us in more or less explicit
manifestations of this desire, which,
in such noble regions of Italy is giv-
ing rise to the great thought of Italian
unity; already Sicily, by solemnly de-
claring that it entrusts its destinies to
the government of a constitutional

382

trato qual sia di presente la strada
aperta all'unione d'Italia. Or dunque
non dovra la Lombardia, dall'altezza
del posto in che fu collocata dalla sua
vittoria, rispondere fieramente all’ac-
cusa che le fu mossa di voler fare da sé
e per se? Non dovranno i Lombardi
attestare grato animo a quei fratelli
che loro corrono incontro, che dànno
loro sì splendidi argomenti di simpatia,
che sono pronti a rimuoversi in loro
favore dalle ambizioni più legitime, e
non altro anelano che d'averli con-
sorti nella grand’opera del ricomponi-
mento dell’italica unità?

A voi tocca decidere, o cittadini, a
voi tocca ponderare se nelle circos-
tanze presenti sia da persistere in un
partito che, una volta opportuno, ora
potrebbe forse esser fomite di dis-
cordia, presso alla quale sta sempre
la schiavitù; o se un altro se ne debba
abbracciare, determinato dal pensiero
dei grandi interessi della patria itali-
ana. Il vostro Governo non può
rimanere spettatore indifferente del
pericolo di una discordia civile; ed è
nel proposito di rendervi uniti e forti
che ha determinato di fare appello al
popolo intero perchè la sua sacra e
potentissima voce copra quella di
tutti 1 partiti per confonderli in uno
solo.

Premesse queste considerazioni.

DOCUMENTS

monarchy, has shown us the road now
open to the union of Italy. Now,
then, should not Lombardy from the
lofty position in which victory has
placed her, answer proudly the accu-
sation made against her of wishing
to act by herself and for herself?
Should not the Lombards show a
grateful spirit to those brothers who
hasten to meet them, who give them
such splendid proof of sympathy and
who are ready to surrender in their
favor their most legitimate ambitions,
their only desire being to have their
fates linked together in the great
work of the remaking of Italian
unity ?

It is for you to decide, oh Citi-
zens, 1t is for you to consider whether
under the present circumstances we
should persist in a resolution which
was at one time expedient, but which
might today, perhaps, excite discord,
which is always closely followed by
slavery; or whether, determined by
the thoughts of great interests and of
the Italian country, we should form
another resolution. Your Govern-
ment can no longer remain an indif-
ferent spectator of the danger of civil
discord; it is for the purpose of ren-
dering you strong and united that it
has decided to make an appeal to the
entire population, so that its sacred
and omnipotent voice shall overpower
that of all parties and unite them in
one. —

These considerations are here pref-
aced.

ITALIAN PLEBISCITES OF 1848

IL GOVERNO PROVVISORIO
DELLA LOMBARDIA

DECRETA:

1. Sono aperti registri della forma
di cui abbasso, presso tutte le parro-
chie di tutti i comuni di Lombardia
all'effeto di ricevere le sottoscrizioni
del popolo lombardo.

2. L'uomo che avrà ventun anni
compiuti avrà diritto di sottoscrivere.

3. Gl'illetterati faranno la croce alla
presenza del parroco e di due dele-
gati, nominato come agli articoli 5 e 6.

4. La sottoscrizione dovrà essere
fatta da ciascheduno nella parrochia
dove tiene la propria abitazione, senza
distinzione di culti.

5. I parrochi o coloro che ne fanno
le veci saranno assistiti nel ricevi-
mento delle sottoscrizioni da due dele-
gati nominati nelle città dalle rispet-
tive Congregazioni municipali, come
all'articolo 6.

6. Nei comuni di tampagna i par-
roci saranno assistiti da due dei mem-
bri delle Deputazioni comunali o loro
sostituti, oppure da due persone scelte
dalle stesse Deputazioni.

Dove però esistono Consigli comun-
ali, i delegati saranno scelti di prefer-
enza nel corpo dei consiglieri.

7. I registri saranno aperti presso
le parrochie del giorno nel quale
sarà fatta la pubblicazione della
presente legge nei rispettivi comuni,

383

THE PROVISIONAL GOVERN-
MENT OF LOMBARDY

DECREES : 1

1. The registers are open in all the
parishes of the communes of Lom-
bardy, in order to collect the signa-
tures of the Lombard people.

2. Every man of twenty-one years
of age has the right to vote.

3. Those who can not write will
make a cross in the presence of the
curate and two delegates named as in
Articles 5 and 6.

4. The vote must be given by each
person in the parish where he resides,
without | distinction of religious
creeds.

5. The curates, or those who act
for them, will be assisted in collect-
ing the votes by two delegates named
in the cities by their respective Munic-
ipal Congregations as in Article 6.

6. In the country towns and vil-
lages the curates will be assisted by
two of the members of the Communal
Deputations, or their substitutes, or
by two persons chosen by the same
deputations. Where Communal
Councils exist, however, the delegates
shall be chosen in preference from
the body of councillors.

7. Registers shall be open in the
parishes from the day in which the
present law shall be published in the
respective communes, and they shall

1 The translation of these articles is taken from British Parliamentary Papers, Affairs of

Italy (1849), vol. 57, part IT [1108], p. 465.

384

e saranno chiusi indefettibilmente a
tutto il giorno 29 del corrente mese di
maggio, anniversario della battaglia
di Legnano.

Dopo di che, suggellati dai parrochi,
saranno rimessi alle rispettive Depu-
tazioni comunali od alle Congrega-
zioni municipali.

8. Dovendosi poi provvedere che il
diritto di voto possa essere regolar-
mente esercitato anche dai cittadini
che si trovano sotto le armi nell'eser-
cito attivo, si dispone che 1 registri di
cui sotto vengano pure aperti presso 1
comandi dei corpi. I soldati italiani,
tanto coscritti quanto volontari, che
militano sotto la bandiera di Lom-
bardia, voteranno anch'essi per sot-
toscrizione da farsi alla presenza degli
ufficiali superiori del Corpo al quale
appartengono.

9. La Commissione governativa
destinata ad inviare soccorsi alle
provincie venete avrà cura di far rac-
cogliere i voti dei cittadini che for-
mano parte della compagnia che ora
trovasi su quel territorio.

10. Le Deputazioni comunali e le
Congregazioni municipali dovranno
rimettere i registri suggellati alla
Congregazione provinciale, dalla quale
dipendono, col mezzo più pronto e
sicuro, a spese comunali, e sotto la più
stretta loro responsabilità.

11. Le Congregazioni provinciali
faranno lo spoglio dei registri alla
presenza del vescovo o. suo rappre-
sentante e di un commissario go-
vernativo.

12. Per le speciali condizioni della

DOCUMENTS

be closed definitively on the 29th of
May, the anniversary of the battle of
Legnano.

After which they will be sealed up
by the different curates, and sent to
the respective Communal Deputations
or Municipal Congregations.

8. It being necessary to provide
that the right of voting should be
regularly exercised also by the citizens
who are now with the army, measures
are taken that registers may be opened
at the head-quarters of their corps.
The Italian soldiers, whether con-
scripts or volunteers, who fight under
the flag of Lombardy, will all vote by
subscribing in presence of the su-
perior officers of the corps to which
they belong.

9. The Government Commission
destined to send succour to the Vene-
tian Provinces will take care to collect
the vote of the citizens forming part
of the company. that are now on that

territory.

10. The Communal Deputations
and Municipal Congregations will de-
liver the registers sealed up to the
Provincial Congregations on which
they depend, in the most secure and
ready manner, at the expense of the
commune and on their- personal re-
sponsibility.

11. The Provincial Congregations
will make the scrutiny of the registers
in the presence of the Bishop or of his
representative, and of a Government
Commissary.

12. As in consequence of the pe-

ITALIAN PLEBISCITES OF 1848

città e provincia di Mantova non po-
tendo aver luogo il disposto degli
articoli 10 e 11, si stabilisce che le
Deputazioni comunali debbano rimet-
terre i registri suggellati al Commis-
sario straordinario del Governo resi-
dente in Bozzolo, e che lo spoglio dei
registri sia fatto da lui alla presenza
dell'autorità ecclesiastica e communale
del luogo. |

13. Lo spoglio dei registri dovrà
essere suggellato dopo analogo pro-
cesso verbale, e quindi rimesso al
Governo insieme ai registri medesimi
colla massima sollecitudine.

14. Lo spoglio dei registri delle
piovincie verrá reso pubblico dal Go-
verno, e quella delle due proposizioni
che avra riunito il maggior numero di
sottoscrizioni costituirà il voto della
Nazione.

Province of .... Commune of ....
Parrochia di

PER L’UNIONE IMMEDIATA

Noi sottoscritti, obbedendo alla su-
prema necessità che l’Italia intiera
sia liberata dallo straniero, e all’-
intento principale di continuare la
guerra della indipendenza colla mag-
giore efficacia possibile, come Lom-
bardi in nome e per l'interesse di
queste provincie, e come Italiani per
l'interesse di tutta la Nazione, votiamo
fin d'ora l'immediata fusione delle
provincie Lombarde cogli Stati Sardi,
sempreche, sulle basi del suffragio uni-
versale, sta convocata negli anzidetti
paesi e in tutti gli altri aderenti a tale
fusione una comune Assemblea costi-

385

culiar condition of the city and pro-
vince of Mantua, Articles 10 and 11
can not be observed, it is determined
that the Communal Deputations
should deliver the sealed registers to
the extraordinary Commissary of the
Government residing in Bozzolo, and
that the scrutiny of the registers be
made by him in presence of the Ec-
clesiastical and Communal authority.

13. The scrutiny of the registers
must be sealed up after a procés-
verbal, and delivered to the Govern-
ment, together with the same register,
without delay.

14. The scrutiny of the provincial
registers must be made public by the
Government, and whichever of the
two propositions shall contain the
greatest number of votes will be the
vote of the nation.

Province of .... Commune of ....
Parish of ....

FOR IMMEDIATE UNION

We, the undersigned, convinced of
the necessity of liberating Italy from
the foreign yoke, and to the intent of
continuing the war of independence
with the greatest possible efficacy, as
Lombards, in the name and for the
interest of these provinces, and as
Italians, for the interest of the whole
nation, we now vote the immediate
union of the Lombard Provinces with
the Sardinian States, on the condition
that in the above-mentioned States,
and în all those which shall hercafter
adhere to this union, a Constituent
Assembly, formed on the basis of uni-

386

tuente, la quale discuta e stabilisca le
basi e le forme d'una nuova Monar-
chia costituzionale colla dinastia di
Savoia.

Num.

. Nomi e Cognomi| Eta | Genitori
progressivo.

Le firme soprascritte furono fatté
alla presenza di not.

Parroco Delegati

Suggello della Parrochia e della
Deputazione

Provincia di ..... Comune di.....
Parrochia di

PER LA DILAZIONE DEL VOTO

Noi sottoscritti non riconoscendo
l'urgenza di prendere subito una de-
terminazione, intendiamo che sta
rimessa a causa vinta la discussione
dei nostri destini politici.

Num.

. Nomi e Cognomi | Età |Genitori
progressivo

Le firme ecc. (come sopra)

Parroco Delegati

Suggello della Parrochia e della
Deputazione

Milano, 12 maggio 1848.
CASATI, Presidente.

Borromeo — DURINI — LITTA —
STRIGELLI — GIULINI — BERETTA
— GUERRIERI — TURRONI — Mo-
RONI — REZZONICO — CARBONERA
— GrasseLLI — Dossi — Cor-
RENTI, segretario generale.

DOCUMENTS

versal suffrage, will be called together
to discuss and to establish the bases
and the forms of a new Constitutional
Monarchy under the House of Savoy.

Names and Age Names of
Surnames 8 Parents

The above signatures were made in
our presence.
Priest

No. of
ballot

Delegates

Seal of the Parish Church and of
the Deputation.

Province of .... Commune of ....
Parish of ....

FOR DELAY OF DECISION

We, the Undersigned, not seeing
the necessity of coming to an imme-
diate determination, vote for delaying
the discussion of our pohtical rights
until the successful termination of the
present war.

No.of | Names and Age Names of
ballot Surnames 8 Parents
The above signatures, &c. (See
above).
Priest Delegates

Seal of the Parish Church and o
the Deputation. |

Milan, May 12, 1848.
CASATI, President.

Borromeo, DURINI, LITTA, STRI-
GELLI, GIULINI, BERETTA, GUER-
RIERI, TURRONI, MORONI, REZ-
ZONICO, CARBONERA, GRASSELLI,
Dossi, CORRENTI, General Secre-
tary.

ITALIAN PLEBISCITES OF 1848

387

Statement by the Provisional Government of the Liberties which the Lombard

People Now Possess.

GOVERNO PROVVISORIO DELLA
LOMBARDIA

DICHIARA:

Il popolo lombardo gode adesso
delle seguenti franchigie:

Libertà della stampa: Diritto d’as-
sociazione: Guardia nazionale.

Queste franchigie saranno conser-
vate al popolo lombardo nella forma
ed estensione attuale di diritto e di
fatto finchè l'Assemblea Costituente
non venga a regolare le sorti del
popolo stesso.

La legge poi, colla quale l’Assem-
blea Costituente sarà convocata, avrà
per base il suffragio universale.

Il Governo provvisorio di Lombar-
dia mette queste sue dichiarazioni
sotto la salvaguardia dell’onor del
paese e del patriottismo della Guardia
nazionale.

Milano, 28 maggio 1848.

CASATI, Presidente.

May 28, 1848 !

THE PROVISIONAL GOVERNMENT OF
LOMBARDY

DECLARES :

That the Lombard people at present
enjoy the following liberties:

Freedom of the press; Right of As-
sociation; National Guard.

These liberties shall be preserved to
the Lombard people in the present
legal and actual form and extent, un-
til the Constituent Assembly shall
have determined the fate of the peo-
ple.

The law about to be issued, with
which the Constituent Assembly shall
be convoked, shall be based on uni-
versal suffrage.

The Provisional Government of
Lombardy places this, its declaration,
under the protection of the honor of
the country and the patriotism of the
National Guard.

Milan, May 28, 1848.

CASATI, President.

Proclamation Announcing the Result of the Plebiscite. June 8, 1848 ?

GOVERNO PROVVISORIO
DELLA LOMBARDIA

LOMBARDI !

La Nazione ha pronunciato sulle
proprie sorti del pieno e libero eser-
cizio della sua sovranità.

1Le Assemblee, vol. 1, p. 204.

THE PROVISIONAL GOVERN-
MENT OF LOMBARDY

LOMBARDS!

The nation, in the full and free ex-
ercise of its sovereignty, has decided
on its political condition.

2 Ibid., p. 204. Translation from British Parliamentary Papers, Affairs of Italy (1849),

vol. 57, part II [1108], p. 577.

388

Oggi stesso, in solenne adunanza,
nel cospetto dell'arcivescovo di questa
metropoli, dei capi delle primarie
magistrature, della Guardia nazio-
nale e dell'esercito, il Governo prov-
visorio ha pubblicato lo spoglio dei
registri contenenti le sottoscrizioni
degli abitanti di tutte le parrochie
della Lombardia sgombra dal nemico,
dei cittadini militanti nelle truppe
regolari e ne’ Corpi dei volontari sul
territorio lombardo e sul veneto, per
la votazione proposta dalle legge 12
maggio 1848.

Da tale spoglio, che fu raccolto in
atto notarile dai cittadini Tommaso
Grossi e Giuseppe Alberti, notai di
questa città, e che sarà conservato
nell’archivio nazionale di San Fedele,
si ha questo resultato :

N. 561,002 sottoscrizioni per la
fusione immediata;

N. 681 sottoscrizioni per la dila-
stone del voto.

Il popolo lombardo ha dunque ac-
colta alla quasi unanimità la seguente
proposizione:

“Noi sottoscritti, obbedendo alla
suprema necessità che l’Italia intiera
sia liberata dallo straniero, e all’in-
tento principale di continuare la guerra
dell'indipendenza colla maggior ef-
ficacia possibile, come Lombardi in
nome e per l’interesse di queste pro-
vincie, e come Italiani per l’interesse
di tutta la Nazione, votiamo fin d’ora
l'immediata fusione delle provincie
lombarde con gli Stati Sardi, sem-
prechè sulla base del suffragio uni-

DOCUMENTS

To-day, at a solemn meeting, in the
presence of the archbishop of - this
metropolis, of the chiefs of the high-
est rank in the magistracy, of the na-
tional guard, and of the army, the
Provisional Government has pub-
lished the result of the registers con-
taining the signatures of the inhabit-
ants in all the parishes of all those
parts of Lombardy freed from the
enemy, besides those of the citizens
belonging to the regular troops and
corps of volunteers in the Lombard
and Venetian territory, agreeably to
the system of voting promulgated in
the law of 12th May, 1848.

This result has been embodied in a
notarial act by the citizens Tomasso
Grossi and Giuseppe Alberti, notaries
in Milan; an act which will be pre-
served in the national archives of S.
Fedele. The votes are as follows: —

Votes.— 561,002 signatures for ım-
mediate incorporation.

Votes.— 681 signatures for delay
of the vote.

The people of Lombardy have
therefore sanctioned almost unani-
mously the following proposition: —

“We, the undersigned, yielding to
the paramount necessity, that the
whole of Italy should be freed from
the foreign yoke, and that the war of
independence should be continued
with every possible effort, as Lom-
bards, in the name and for the inter-
est of those provinces, and as Italians
for the interest of the whole nation,
do vote from this moment for the
immediate incorporation of the Lom-
bard Provinces with the Sardinian

ITALIAN PLEBISCITES OF 1848

versale sia convocata negli anzidetti
paesi e in tutti gli altri aderenti a tale
fusione una comune Assemblea Co-
stituente, la quale discuta e stabilisca
le basi e le forme di una nuova Mon-
archia costituzionale colla dinastia di
Savoia.”

Lombardi! Voi avete consumato
un atto di profonda prudenza civile;
voi avete gettate le fondamenta di
quell’edificio che tanti secoli si trava-
gliarono indarno ad erigere e che
l’eta nostra vedra sorgere sovra solide
basi, a gloria e sicurezza perenne di
tutta la Nazione. Quel senno, quel

patriottismo che vi furono guida e :

sostegno ad avviare si grand'opera,
non vi verranno meno a darle intiero
compimento.

Or’ mentre il Governo provvisorio,
com'è prescritto dall'articolo 14 della
legge 12 maggio, si affretta a render
pubblico il voto della Nazione, an-
nuncia che ne dà parte al Governo di
S. M. Sarda, perchè, consentito dal
Re e dalle Camere, possa tosto essere
efficace.

Nel tempo stesso, ricordevole
de'propri impegni, dichiara che sta
occupandosi attivamente di quei con-
certi col Governo di S M. Sarda che
valgano a fissare le norme secondo
le quali le provincie lombarde devono
essere governate fino a che la Costitu-
ente non abbia provveduto in via

389

States, on the understanding that a
common Constituent Assembly shall
be convoked of the above-mentioned
States, and of all the others as shall
assent to be incorporated on the basis
of universal suffrage; which Assem-
bly shall discuss and establish the
basis and forms of a new Monarchical
Constitution with the dynasty of
Savoy.”

Lombards! you have consummated
an act of profound civil prudence;
you have laid the foundation of that
edifice which so many centuries have
laboured in vain to erect, and which
the present age shall see spring up on
a solid basis to the eternal glory and
safety of the whole nation. That
judgment, that patriotism which were
your guides and support in bringing
forward this great work will not
diminish when you are bringing it to
completion.

Now, while the Provisional Gov-
ernment (as laid down in the 14th
Article of the Law of 12th May) has-
tens to make public the vote of the na-
tion, they announce that they will
communicate it to the Government of
His Sardinian Majesty, in order that,
when agreed to by the King and the
Chambers, it may be immediately car-
ried into effect.

At the same time, the Provisional
Government, mindful of their own
engagements, declare that they will
actively occupy themselves in fram-
ing laws for the present administra-
tion of Lombardy, in concert with the
Government of Sardinia, until the
Constituent Assembly shall adopt such

390

definitiva; al qual effetto parte imme-
diatamente per Torino un'apposita
Commissione.

Dichiara ancora che nell’intervallo
sino alla riunione della comune As-
semblea costituente il popolo lom-
bardo conserverà intatte le sue fran-
chigie, libertà della stampa, diritto
dell'associazione, Guardia nazionale,
nella forma ed estensione attuale di
diritto e di fatto; e che la legge colla
quale l’ Assemblea costituente sarà con-
vocata avrà per base il suffragio uni-
versale. |

Lombardi! Dopo avere gloriosa-
mente conquistata l’independenza e la
libertà, voi avete deliberato d’asso-

darle mercè la fratellevole unione con '

una delle grandi parti della Famiglia
italiana sotto lo scettro costituzionale
d’una Dinastia così benemerita di tutta
Italia. E tutt'Italia dall’Alpi ai due
mari farà plauso alla vostra sapiente
risoluzione, e singolarmente ne esul-
teranno i prodi dell’esercito del mag-
nanimo re Carlo Alberto, ai quali sor-
riderà la certezza di stringersi con voi,
reduci dal campo, in un vincolo indis-
solubile e reso più saldo dalla stima
scambievole e dallo scambievole af-
fetto.

Milano, 8 giugno 1848.

CASATI, Presidente.
BORROMEO — DURINI — STRIGELLI

DOCUMENTS

definitive measures as may be deemed
necessary. For this purpose a spe-
cial commission will set off immedi-
ately for Turin.

They declare also that in the inter-
val, until the meeting of the Constitu-
ent Assembly, the people of Lom-
bardy shall preserve intact their fran-
chises, viz.:— The Liberty of the
Press; The Right of Associatton; The
National Guard; in the form and ex-
tent both “ de jure and de facto; ” and
that the law on which the Constituent
Assembly shall be convoked will be
based on universal suffrage.

Lombards! after having gloriously
gained independence and liberty, you
have determined to consolidate them
by a fraternal union with one of the
great parts of the Italian family under
the constitutional sceptre of a dynas-
ty so well deserving of all Italy. And
all Italy, from the Alps to the two
seas, will applaud your wise resolu-
tion, and the brave army of the mag-
nanimous King Carlo Alberto will
exult in the certainty of being joined
to you in an indissolubile bond,
strengthened by mutual esteem and
mutual affection.

Milan, June 8, 1848.
CASATI, President.
BORROMEO, DURINI, STRIGELLI.

ITALIAN PLEBISCITES OF 1848

391

Formal Presentation of the Vote of Union to King Carlo Alberto. June 11,
1848 *

SIRE!

Il popolo lombardo ha pronunciato
sulle proprie sorti, e noi abbiamo l’o-
nore di presentare alla M.V. l'atto
solenne che raccoglie e suggella il
voto delle provincie lombarde sgom-
bre dal nemico per l'immediata loro
fusione con gli Stati Sardi, secondo
la condizione posta nella formula del
voto stesso.

Sire! Il popolo lombardo attende
con impazienza che le Camere Sarde
e il Governo di V. M. rendano efficace
il voto da lui pronunciato.

Due grandi e nobili parti dell'itali-
ana famiglia, congiunte per l’origine,
per gl'interessi, per gli animi, e fin
qui deplorabilmente divise dalla legge
dei casi, stanno per avverare il voto di
tanti secoli, sotto gli auspici della
M.V.; stanno per effettuare un'unione
che è compiuta nei cuori. La M. V.
è degna di comprendere, di sentire
tutta la solennità di questo momento
che inizia un’era nuova nella storia
dell’Italia libera ed unita.

Sire! Il popolo lombardo, che
nella M. V. saluta riconoscente il
Capitano del valoroso esercito accorso
a compier l’opera dell’italiano riscatto,
è lieto di raccogliersi coi suoi fratelli

SIRE!

The Lombard people have pro-
nounced upon their own fate and we
have the honor of presenting to your
Majesty the solemn act which col-
lects and seals the vote of the Lom-
bard provinces freed from the pres-
ence of the enemy, for immediate
fusion with the Sardinian States, ac-
cording to the conditions stated in the
formula of the vote itself.

Sire! The Lombard people wait
with impatience for the Sardinian
Chambers and the Government of
Your Majesty to put into effect the
vote pronounced by it.

Two great and noble parts of the
Italian family, one in origin, in inter-
ests, in spirit, until now most unhap-
pily divided by the law of fate, are
about to realize the wish of so many
centuries, under the auspices of your
Majesty; they are about to achieve the
union that is already accomplished in
all hearts. Your Majesty will be able
to comprehend and to feel all the sol-
emnity of this moment which opens a
new era in the history of Italy, free
and united.

Sire! The Lombard people, who
in the person of Your Majesty grate-
fully recognize the Captain of the
valorous army come to fulfill the
work of Italian redemption, are

1 Le Assemblee, vol. 1, p. 206. This Address was presented to the King by a deputation

headed by Casati.

392

degli Stati Sardi, sotto il costitu-
zionale vostro scettro.

Ma questo popolo, quanto ama l’or-
dine, senza di cui civile reggimento
non puo essere, altrettanto ama quella
libertà che ha conquistato col proprio
sangue, e senza di cui, a questi giorni,
un popolo non può dirsi civile.

Sire! L’altezza del vostro animo
ci sta in fede che voi apprezzerete
questo nobile sentimento del popolo

lombardo e che il Governo di V. M.
ne sarà franco e geloso custode.

Accogliete, o Sire, i voti riverenti
del popolo lombardo, e consentite che
noi, in occasione così solenne, vi sog-
giungiamo esultanti la significazione
della commune fiducia.

DOCUMENTS

happy to join their brothers of the
Sardinian States, under your consti-
tutional sceptre.

But this people, much as it loves
order, without which civil Govern-
ment cannot exist, loves as much the ©
liberty which it has conquered with
its own blood, and without which, at
the present day, no people can call
themselves civilized.

Sire! the loftiness of your soul is
pledge that you will appreciate this
noble sentiment of the Lombard peo-
ple of which the Government of your
Majesty will be a frank and jealous
guardian.

Accept, oh Sire, the reverent votes
of the Lombard people and deign to
allow us on this solemn occasion to
add the joyful expression of a mutual
trust.

Reply of the King *

Valeggio, 11 giugno 1848.

Quanto mi viene espresso è caris-
simo a me, che non ebbi altro pen-
siero che concorrere con ogni sforzo
a stabilire l'italiana indipendenza.
Quando entrai in Lombardia fu quello
il solo mio scopo, non avendo mire
d'interesse di famiglia, ed ora, medi-
ante questo atto lo veggo consolidato.
La felicità, l'indipendenza e la libertà
della famiglia italiana saranno sempre
doveri per me. lo mi affrettai di
trasmettere l'atto al mio Ministero
perchè lo presenti alle Camere, e non

. 1 Le Assemblee, vol. 1, p. 206.

Valeggio, June 11, 1848.

Your words are most welcome, as I
have no other thought than to hasten
with all my power to secure Italian
independence. When I entered Lom-
bardy this was my sole purpose, hav-
ing no thought of family interest, and
to-day, by this act, I see that it is
fulfilled. The happiness, the inde-
pendence, and the liberty of the Ital-
ian family will always be my care.
I hasten to transmit the act to my
Ministry, for presentation to the
Chambers, and I have no doubt that

ITALIAN PLEBISCITES OF 1848

dubito che i popoli piemontesi, liguri
e savojardi abbraccieranno con tras-
porto i loro fratelli, e così sarà data
efficacia alla bramata fusione, e le
franchigie assicurate, gli sforzi uniti
assicureranno la finale liberazione del
suolo italiano dallo straniero.

393

the Piedmontese, Ligurian and Savoy-
ard peoples will welcome their broth-
ers with joy, and thus effect will be
given to the desired fusion, and thus
those liberties secured, and those
forces united which shall procure the
final liberation of Italian soil from
the foreigner.

Address of the Women of Lombardy to the Women of the Sardinian States.
July 3, 1848 *

Il nostro Governo provvisorio ha
invitati i cittadini lombardi ad iniziare
l’assestamento delle future sorti del
paese col pronunziarsi o per l’unione
immediata di queste provincie con gli
Stati Sardi o per la dilazione del voto.
Noi donne usate a seguire pur nella
politica le ragioni del cuore, non ci
possiamo far capaci che le circos-
tanze consentano indugi al decidersi;
e dal cuore siamo condotte a ricono-
scere nel voto per l’unione immediata
una guarentigia per la libertà di questa
nostra carissima patria e per la sua
completa indipendenza.

E però ci è nato il pensiero d'es-
primere a voi, o sorelle degli Stati
Sardi, questo sentimento nostro, e
darvi un altro segno di quell’affetto
che già vi abbiamo pubblicamente at-
testato.

Con quest'animo solo v'inviamo da
noi sottoscritta la solenne formola di
votazione proposta dal nostro Gov-
erno, mentre v'invitiamo a mandare

1Le Assemblee, vol. 1, p. 207.

Our Provisional Government has
called on the citizens of Lombardy to

‘make a beginning of the settlement of

the future fate of the country by pro-
nouncing either for the immediate
union of these provinces with the Sar-
dinian States or for the delay of the
vote. We women, accustomed, in
politics, to follow the dictates of the
heart, can not understand how circum-
stances can allow of a delay of the
decision; and we are led by our hearts
to recognize in the vote for immediate
union a guarantee of the liberty of
our beloved country and of its com-
plete independence.

Hence is born the thought of ex-
pressing to you, Sisters of the Sardin-
ıan States, these our sentiments, and
of giving another proof of that affec-
tion to which we have already at-
tested.

With this sole intention we send to
you, signed by us, the solemn formula
of the vote proposed by our Govern-
ment and invite you to join with us in

394 | DOCUMENTS

con noi dal cuore questo grido di sa-
lute per la patria commune:

Viva L'Italia Unita E Forte!

Viva Il Re Carlo Alberto, Auspice
dell’Italica Unità!

Milano 3 luglio 1848.

uttering from the heart this cry of
salutation to our common country:
‘ Long live Italy, United and Free!
“Long live Carlo Alberto, De-
fender of United Italy!”
Milan, July 3, 1848.

Vote of the Subalpine Parliament Accepting the Vote of Lombardy and the
Provinces of Padua, Vicenza, Treviso and Rovigo, and Uniting these
Provinces to Sardinia. Law of July 27, 1848 2

Articolo Unico. L'immediata uni-
one della Lombardia, e delle provincie
di Padova, Vicenza, Treviso e Rovigo,

quale fu votata da quelle popolazioni,

è accettata.

La Lombardia e le dette provincie
formano cogli Stati Sardi e cogli altri
già uniti un solo Regno.

Col mezzo del suffragio universale
sarà convocata una comune Assem-
blea costituente la quale discuta e
stabilisca le basi e le forme di una
nuova Monarchia costituzionale colla
dinastia di Savoia, secondo l'ordine
di successione stabilito dalla legge
Salica, in conformità del voto emesso
dai Veneti e dal popolo lombardo sulla
legge 12 maggio p.p.del Governo prov-
visorio di Lombardia.

La formola del voto sovra espresso
contiene l’unico mandato della Co-
stituente e determina 1 limiti del suo
potere.

Article One. The immediate union
of Lombardy and of the Provinces of
Padua, Vicenza, Treviso, and Rovigo,
voted by their populations, is accepted.

Lombardy and the above-mentioned
provinces shall form, together with
the Sardinian States and those already
united, one sole kingdom.

A Constituent Assembly shall be
convoked by universal suffrage, to
discuss and settle the bases and forms
of a new constitutional monarchy
under the House of Savoy, according
to the order of succession established
by the Salic law in conformity with
the vote of the Lombardo-Venetian
people already pronounced upon the
law of the 12th May proposed by the
Provisional Government of Lom-
bardy.

The wording of the above-men-
tioned vote contains the sole object of
the Constituent Assembly, and deter-
mines the bounds of its powers.

1 Le Assemblee, vol. 1, p. 226. Translation from British Parliamentary Papers, Affairs of
Italy, part III [1125], p. 14. This vote was passed by the Sardinian Chamber on June 28

and by the Senate on July 10.

ITALIAN PLEBISCITES OF 1848

395

VENETIA

The Provisional Government of the Republic of Venetia Announces that there

will be a Single Constituent Assembly for the Liberated Provinces.

24, 1848 !

IL GOVERNO PROVVISORIO DELLA
REPUBBLICA VENETA

La prima nostra parola è parola di
gratitudine al popolo veneziano, il
quale, a un tratto sergendo, s'e dimos-
trato degno del suo nome, che ha sa-
puto affrontare il pericolo, ha saputo
ascoltare con intelligente docilità il
desiderio di quelli che l'amano. Bene
egli ha dimostrato che i germi dell’an-
tica sua civiltà non aspettavano se non
la stagione per isvolgersi a nuova vita.

Non sarà meraviglia se questo
popolo grida con giubilo il nome di
Repubblica, nel qual nome si con-
ciliano qui le gloriose memorie dell
passato con le mature condizioni pre-
senti, e con la maggiore agevolezza
de’ perfezionamanti avvenire. Il
nome di Repubblica Veneta non può
portare ormai seco alcuna idea am-
biziosa o municipale. Le provincie,
le quali si sono dimostrate tanto corag-
giosamente unanimi alla comune dig-
nità; le provincie, che a questa forma
di Governo aderiscono, faranno con
noi una sola famiglia senza veruna
disparità di vantaggi e diritti, poichè
uguali a tutti saranno i doveri: e in-
cominceranno dall’inviare in giusta
proporzione i loro deputati ciascuna a
formare il comune Statuto. Aiutarsi

March

THE PROVISIONAL GOVERNMENT OF
THE VENETIAN REPUBLIC

Our first word is one of gratitude
to the Venetian people, which, rising
suddenly, has shown itself worthy of
its name, which has known how to
face danger and how to heed with
intelligent docility the wishes of those
who love it. Well has it shown that
the seed of its ancient civilization
awaited only the fitting time to de-
velop a new life.

It is not to be marveled at if this

‘people joyously. cries aloud the name

of Republic, in which name are har-
monized here the glorious memories
of the past, the ripe conditions of the
present, and the greatest facility for
the perfecting of the future. The
name of the Republic of Venice can
not now carry with it any ambitious
or municipal idea. The provinces,
which have so courageously shown
themselves unanimous for the com-
mon dignity; the provinces, which ad-
here to this form of Government, will
form with us one single family with-
out any inequality of rights and
privileges, since the duties shall be
equal for all: and they will begin by
each sending their deputies, in just
proportion, to draw up the common

1Le Assemblee, vol. 2 (Venezia), p. 6. The Provisional Government, with Manin as
President, had been appointed on March 22 by the General in Command of the National
Guard and the Chief of Staff. Cf. ibid., p. 5, for the Proclamation.

396

fraternamente a vicenda, rispettare i
diritti altrui, difendere i nostri, tale è
fermo proponimento di tutti noi.
L'esempio che noi dobbiamo porgere si
è quello principalmente delle riforme
sociali e morali, che importano più
delle politiche assai; l'esempio della
non sovvertitrice, ma giusta e reli-
giosamente esercitata uguaglianza.

Venezia, addì 24 marzo 1848.

DANIELE MANIN, Presidente —
NıcoLo TOMMASEO — ANTONIO PAU-
LUCCI — FRANCESCO CAMERATA —
PIETRO PALEOCAPA — JAcoPo Cas-
TELLI — FRANCESCO SOLERA —
LEONE PINCHERLE — TOFFOLI AN-
GELO, artiere— ZENNARI JACOPO,
Segretario.

DOCUMENTS

constitution. To help one another in
a brotherly way, to respect the rights
of others, to defend our own, such is
the firm intention of all of us. The
example which we must put forth is
principally that of social and moral
reforms, so much more important
than those political: the example of
equality not subversive but exercised
justly and religiously.

Venice, 24th of March, 1848.

DANIELE MANIN, President;
NicoLo TOMMASEO — ANTONIO PAU-
LUCCI — FRANCESCO CAMERATA —
PIETRO PALEOCAPA — JACOPO Cas-
TELLI — FRANCESCO SOLERA —
LEONE PINCHERLE — TOFFOLI AN-
GELO, Executive Officer; ZENNARI
Jacopo, Secretary.

The Departmental Committees of Padua, Vicenza, Treviso and Rovigo Pro-
test Against a Separate Republic, and Announce that Voting for Union with
Piedmont has Begun on the Venetian Mainland. May 31, 1848

ITALIA LIBERA

Viva Pio IX!— Viva CARLO
ALBERTO! ì

AL GOVERNO PROVVISORIO DELLA
REPUBBLICA VENETA !

La indipendenza d’Italia non sa-
rebbe che un desiderio, ove non fosse
attuata quella unione, dalla quale de-
riva la forza e la dignità nazionale.
11 bisogno di siffatta unione è da tutti

FREE ITALY

Lone Live Prius IX!— Lone Live
CARLO ALBERTO!

To THE PROVISIONAL GOVERNMENT
OF THE VENETIAN REPUBLIC

The independence of Italy would
be no more than a vain idea, if that
union, whence national dignity and
strength are derived, were not to be
realized. The necessity of such union

1Le Assemblee, vol. 2, p. 46. Translation from British Parliamentary Papers, Affairs of

Italy [1108], p. 568.

ITALIAN PLEBISCITES OF 1848

ugualmente sentito, e gli sforzi di
tutti gli Stati della penisola tendono
alla soddisfazione del medesimo.

Allora che vi compiaceste di dichi-
arare senz’altro la indivisibilità della
Venezia colla Lombardia per l’effeto
che i destini politici di questa avessero
ad essere i destini politici di quella,
abbiamo applaudito nel vedere in tale
ben augurata dichiarazione sancito il
principio che l’unica Assemblea non
.sarebbe che il mezzo per determinare
la modalità della futura esistenza po-
litica del tutto in relazione agl’inter-
essi dalla maggioranza riconosciuti.

Nella calma delle opinioni, tanto il
Governo di Milano, quanto i Comi-
tati delle provincie venete avrebbero
lasciato alla Costituente, raccolta in
causa vinta, lo stabilire la condizione
politica del paese lombardo-veneto.

Ma il valido aiuto che il re Carlo
Alberto portava alla nazionale indi-
pendenza, e la gloria delle armi pie-
montesi, altamente eccitarono nella
più gran parte del paese il desiderio di
pronunciare la immediata fusione
cogli Stati sardi.

Per ciò, e per altri eminenti riguardi
di guerra, di finanza e di diplomazia,
il Governo centrale delle provincie
lombarde trovava necessario di aprire
a” suoi cittadini la via di manifestare
legalmente il loro suffragio anche
prima della Costituente, e vi prov-

397

is equally felt by all, and the en-
deavours of all the States of the
peninsula tend to the accomplishment
of it.

When you thought fit to declare, in
the most unqualified manner, the indi-
visibility of Venice from Lombardy,
to the end that the political destinies
of the former should be those of the
latter, we rejoiced to recognise in so
auspicious a declaration the sanction
of the principle that the one single
Assembly was to be the only means of
determining the future political exist-
ence of all, in relation to the acknow.-
edged interests of the majority.

In the calm state of public opinion,
the Government of Milan, as well as'
the committee of the Venetian Prov-
inces would have left it to the Con-
stituent Assembly, called together
after the triumph of the cause, to de-
cide upon the political condition of
the Lombardo-Venetian Kingdom.

But the efficacious aid which His
Majesty King Carlo Alberto brought
to the cause of the national independ-
ence, and the glory of the Pied-
montese arms, excited throughout the
greater part of the country the
warmest desire to pronounce for the
immediate union with the Sardinian
States.

Influenced by this, and by other
powerful motives of war, finance, and
diplomacy, the Central Government
of the provinces of Lombardy found
it necessary to afford their fellow-
citizens the opportunity of legally
registering their suffrages even before

398

vedeva col decreto 12 maggio 1848.

I motivi, che hanno provocato un
tale partito, erano comuni, se non
anzi piú urgenti per le provincie
venete, siccome quelle, che più spe-
cialmente sono fatte bersaglio alla
nemica invasione, e sono men fornite
di mezzi proprii a sostenere un'efficace
difesa.

Di qui lo stesso eccitamento nei
popoli della terraferma, e la stessa
necessità nei Comitati d’aprire alle
singole loro provincie, nel silenzio del
Governo veneto, quella stessa via le-
gale ad esprimere subito il loro voto,
che era stata dal Governo della Lom-
bardia designata.

Compiuto nel giorno 29 corrente il
termine prefinito alle sottoscrizioni
nei registri, a tal uopo istituiti, do-
vrebbero i Comitati, fatti gli spogli di
que'registri, pubblicare la risultanza,
la quale non può non essere conforme
alla generale inclinazione, che fu
stimolo potente all’aprimento dei
registri medesimi.

Se non che, riesce a profonda af-
flizione dei Comitati il pensiero che il
provocato scrutinio, inducente la im-
mediata fusione di queste provincie
col Piemonte, abbia a poterci distac-
care da Venezia, alla quale ci strin-
gono tanti vincoli di comuni interessi,
di grata affezione e di gloriose me-
morie.

Un tale distacco, comunque lo si
dovesse sperare meramente interinale,

DOCUMENTS

the convocation of the Constituent
Assembly, and provided for this by
their decree of the 12th of May.

The motives which induced the
adoption of this measure were com-
mon to, if not more imperative on, the
Venetian Provinces, as the latter have
been made in a more especial manner
the principal point of invasion by the
enemy, and are worse provided with
the means of making a vigorous re-
sistance.

Hence the same excitement among
the population of the mainland, and
the same necessity for the committees
(in the silence of the Venetian Gov-
ernment), to open, in their respective
provinces, the same way for their fel-
low-citizens to express their wishes
without delay, as that established by
Lombardy.

The period fixed for signing the
registers opened for the purpose men-
tioned having expired on the 29th
instant, the committees, after a scru-
tiny of the signatures, are to publish
the result, which can not but be in con-
formity with the general desire,
which, in fact, was the original mo-
tive for the measure.

It is, therefore, a subject of deep
affliction to the committees to think
that the proposed scrutiny, which
would induce the immediate fusion of
these provinces with Piedmont, may
possibly separate them from Venice,
to whom they are attached by so many
bonds of common interest, grateful
affection, and glorious reminiscences.

Such a separation, though it is to
be hoped that it would only be tem-

ITALIAN PLEBISCITES OF 1848

importerebbe la indeclinabile conse-
guenza che avesse ad essere tantosto
istituito nelle provincie venete della
terraferma un nuovo centro di azione
governativa. Ne cio sarebbe senza
pregiudizio della causa comune, e sì
nei rispetti materiali, e si nei politici.
E le altre potenze d'Europa avrebbero
in codesto fatto un argomento per
opporci un’altra volta la taccia d’inet-
titudine a redimere questa Italia, che
non sarà grande fino a che non si re-
generi nella unità.

Un ampio Stato, che comprende i
territorii sardi, gli ex ducati di Mo-
dena e di Parma, e tutte le provincie
della Lombardia e della Venezia,
saprà essere in grado di preservare
con mezzi suoi proprii la intiéra pen-
isola da straniera invasione, saprà
elevarla a tale potenza, da influire
molto onorevolmente nella bilancia
politica dell Europa.

E pure Venezia non entrerebbe a
parte di quello Stato, se il Governo,
che attualmente la regge, persistesse
nella idea di mantenere la sua forma
repubblicana, non sostenuta dal voto
della Nazione, non favorita da ri-
spetti diplomatici, repugnante alla
causa ed alle intenzioni dei Principi,
che ci aiutano a purgare la patria
dallo straniero.

Nel desiderio vivissimo di ovviare
al dolore ed allo scapito che soffrirem-
mo a vicenda, qualora Venezia non
corresse con esso noi le sorti del nu-
ovo Stato, i Comitati di Padova, Vi-
cenza, Treviso e Rovigo, col mezzo
dei sottoscritti loro delegati, doman-

399

porary, would occasion the inevitable
consequence of the immediate institu-
tion of a new centre of Government
in the Venetian Provinces of the
mainland. Nor would this take place
without prejudice to the common
cause, as well from a material as from
a political point of view. And the
other Powers of Europe would find in
this proceeding, fresh cause to re-
proach us with incapacity to regen-
erate Italy, which will never be great
until regenerated by union. . .

A vast State comprehending the
Sardinian States, the ex-Duchies of
Parma and Modena, and all the Lom-
bard and Venetian Provinces, would
be in a condition, from its own re-
sources, to preserve the Peninsula
from foreign invasion, and raise it to
an eminence of power so as to in-
fluence honourably the political bal-
ance of Europe.

And yet Venice would form no part
of this State, if the Government
which at present rules her persists in
the idea of maintaining its Republ:-
can form, unsupported by the desire
of the nation, unfavoured by political
considerations, and repugnant to the
cause and to the intentions of the
Prince who is assisting us to rid the
country of the stranger.

In the ardent desire to prevent the
grief and prejudice we should mutu-
ally suffer 1f Venice were not to par-
ticipate with us in the destinies of the
new State, the committees of Padua,
Vicenza, Treviso, and Rovigo,
through the undersigned, their dele-

400

dano e pregano che codesto Governo
prenda in matura considerazione le
circostanze tutte delle provincie, e
s'incammini a quella fusione, nella
quale noi veggiamo la salute nostra e
la gloria.

A fronte delle circostanze che strin-
gono i sottoscritti delegati attender-
anno fino a sabato 3 giugno p. v. che
il Governo dichiari se aderisca, come
vogliono sperare, al desiderio leale
delle quattro provincie sorelle. Un
più lungo indugio importerebbe ad
essi troppo grave malleveria: e per
declinarla, il giorno 4 1 membri che
saranno scelti dai Comitati si con-
durrano direttamente a Milano.

Certamente, per guarentire il lustro
e la indipendenza dell’ Italia, non è
cittadino che non sia disposto a
anche Venezia, e chi ne tiene il go-
qualunque maggiore sacrifizio. E
però le provincie da noi rappresentate
nutrono la fermissima fiducia che
verno, saprà immolare le proprie opi-
mioni al confronto di quelle della
grande pluralità dei cittadini della
terra-ferma; saprà immolarle, perchè
il trionfo della nazionalità italiana sia
più sicuro, più prezioso, più splendido.

Il 31 maggio 1848. Dalla resi-
denza del Comitato di Padova, presso
cui i sottoscritti depositano i loro man-
dati.

C. LEONI, deputato del Comitato
provv. dipartimentale di Padova; SE-
BASTIANO TECCHIO, deputato del
Comitato prowv. dipartimentale di
Vicenza; LuiGr PERAZZOLO, deputato

DOCUMENTS

gates, demand and entreat this Gov-
ernment to take into mature consider-
ation the actual condition of the prov-
inces and to proceed to that fusion in
which we see our safety and glory.

Under the present urgent circum-
stances, the delegates will wait till
Saturday the 3rd of June next, for
the declaration, which they hope for,
of the adhesion of the Government to
the fusion desired by the four sister
provinces. À longer delay would
subject them to too serious responsi-
bility, to avoid which, the members
who shall have been elected by the
committees will on the 4th proceed
direct to Milan.

Doubtless, there is not a citizen who
would hesitate to make every sacri-
fice in order to ensure the glory and
independence of Italy. Wherefore,
the provinces represented by us en-
tertain the firm hope that Venice and
her rulers will know how to sacrifice
private opinion to that of the great
majority of the citizens of the main-
land; they will know how to sacrifice
1t in order that the triumph of Italian
nationality may be more secure, more
precious, and more splendid.

May 31, 1848. From the residence

.of the committee of Padua, where the

undersigned have deposited their cre-
dentials.

C. LEONI, Deputy Provisional Com-
missioner, of Padua; SEB. TECCHIO,
Deputy Provisional Commissioner, of
Vicenza; Luict PERAZZOLO, Deputy
Provisional Commissioner, of Tre-

ITALIAN PLEBISCITES OF 1848

del Comitato dipartimentale di Tre-
Tiso; ALESSANDRO CERVESATO, depu-
tato del Comitato dipartimentale di
Rovigo.

401

viso; "ALESSANDRO CERVESATO,
Deputy Provisional Commissioner of
Rovigo.

Reply of the Provisional Government. June 2, 18481

Il Governo Provvisorio della Re-
publica Veneta ai cittadini C. Leoni,
Sebastiano Tecchio, Luigi Perazzolo,
Alessandro Cervesato.

Posta per il momento da parte ogni
considerazione sulle precedenze che
hanno condotta la vostra lettera del 31
Maggio p. p., e sulle condizioni del
paese veneto in mezzo alle quali ce
l'avete indiritta, ci limitiamo a dichi-
ararvi che abbiamo risoluto d'inter-
rogare la volontà del popolo col mezzo
di un’ assemblea di rappresentanti che
andiamo a convocare pel 18 corrente;
e frattanto scriviamo al cittadino
Calucci, nostro inviato presso il Gov-
erno provvisorio centrale della Lom-
bardia, affinchè in quella deliberazioni,
delle quali la vostra lettera ci parla, ci
rappresenti come potrà essere del caso.

Venezia, li 2 Giugno, 1848.
Il Presidente, MANIN ; TOMMASEO;
Il Segretario, ZENNARI.

The Provisional Government of the
Republic of Venice to the citizens C.
Leoni, Sebastiano Tecchio, Luigi
Perazzolo, Alessandro Cervesato.

Abstaining for the moment from all
consideration of the motives which oc-
casioned your letter of the 31st May,
and of the actual condition of the
Venetian Provinces during the con-
timuance of which you have written
it, we limit ourselves to a declaration
to you that we have decided upon ap-
pealing to the opinion of the people
by the means of an assembly of rep-
resentatives which we are about to
convoke for the 18th instant; and in
the meantime we write to citizen
Calucci, our Envoy to the Central
Provisional Government of Lom-
bardy, in order that in the delibera-
tions to which you allude in your said
letter, he may represent our interests
as occasion may require.

Venice, June 2, 1848.

President, MANIN; ‘TOMMASEO,
ZENNARI, Secretary.

1 Le Assemblee, vol. 1, p. 48. Translation from British Parliamentary Papers, Affairs of

Italy, 1849, v. 57 [1108], p. 577.

402

DOCUMENTS

Decree of the Provisional Government of the Venetian Republic Convoking
a Representative Assembly. June 3, 1848 1

Alla veneta Repubblica, proclamata
in questa città il 22 marzo, ed al suo
Governo provvisorio costituito il 23,
prestarono successivamente adesioni
spontanee tutte le altre provincie del
territorio veneto, eccetto Verona, an-
cora occupata dall’ inimico. E i Gov-
erni provvisorii, che in dette provincie
erano stati istituiti quando ne partiva
l’Austriaco, al potere centrale del
Governo della Repubblica assentendo,
limitate le attribuzioni, assunsero il
nome di Comitati provvisorii diparti-
mentali.

Il Governo provvisorio della veneta
Repubblica fin da principio aveva in
più forme dichiarato, che le que-
stioni sulla costituzione politica più
confacente agl'interessi italiani, non
erano punto pregiudicate; e che, finita
la guerra dell’ indipendenza, e sgom-
berato il territorio dallo straniero,
sa1ebbero state, in regolare Assemblea
costituente, discusse e decise dai legit-
timi rappresentanti della nazione, cui
sola apparteneva il potere sovrano.

Queste dichiarazioni si trovarono
essere conformi a quelle, che faceva
il Governo provvisorio centrale della
Lombardia, liberata nello stesso gi-
orno 22 marzo.

Da esse il nostro Governo veneto
non si è mai dipartito; e le confer-

1 Le Assemblee, vol. 2, p. 54.

To the Venetian Republic, pro-
claimed in this city the 22nd of March
and to its Provisional Government,

‘constituted on the 23rd, all the other

provinces of the territory of Venetia,
successively lent their spontaneous
support, except Verona, still occupied
by the enemy. The provisional gov-
ernments, which had been instituted
in those provinces when the Austrians
withdrew from them, assenting to the
central power of the Government of
the Republic, with limited attributes,
assumed the name of Provisional De-
partmental Committees.

The Provisional Government of the
Venetian Republic since the beginning
had declared in several ways that the
question of the most suitable political
constitution for Italian interests, was
not to be at once determined ; and that,
the war of independence once finished
and the territory freed from the for-
eigner, these questions should be
brought up in a regular constituent
assembly and discussed and decided
by the legitimate representatives of
the nation, to whom alone sovereign
power belongs.

These declarations were found to
be in conformity with those made by
the Provisional Central Government
of Lombardy, which had become free
cn the same 22nd day of March.

From these our Venetian Govern-
ment has never swerved; and it con-

ITALIAN PLEBISCITES OF 1848

_mava anche con l’atto 12 maggio de-
corso, in cui, secondando il voto de’
Comitati dipartimentali veneti e del
Governo lombardo, e cedendo a’ vivi
sentimenti di stima e di affezione,
cementati dalla fratellanza delle sven-
ture ne’lunghi anni di comune serv-
aggio, consentiva che le provincie del
già regno lombardo-veneto fossero
tutte a suo tempo rappresentate da
una sola Assemblea costituente, ma
sotto condizione che a questa unica-
mente spettasse decidere sui destini
politici dello Stato.

Senonché, il Governo lombardo, al-
legando che la guerra d’indipendenza
si prolungava oltre le sue previsioni,
e adducendo le impazienze manifes-
tate dai suoi amministrati, ed altri
motivi che a lui parvero possenti, de-
cretò che, pur pendente la guerra, si
votasse il partito della fusione imme-
diata del territorio lombardo col regno
di Sardegna, e la votazione si facesse,
non in assemblea, ma ricevendo le sot-
toscrizioni del popolo in apposite
liste.

L'esempio fu seguito dai Comitati
provvisorii dipartimentali di Padova,
di Vicenza, di Treviso e di Rovigo, i
quali, di sola loro autorità, decreta-
rono votazioni sullo stesso partito e
col metodo stesso.

Ciò facevasi mentre erano già state
invase del nemico le provincie di

403

firmed them also by the Act of May
12 last, in which, seconding the vote
of the Venetian Departmental Com-
mittees and of the Lombard Govern-
ment, and yielding to the lively senti-
ment of esteem and affection, cement-
ed by partnership in the misfortunes
of the long years of common servi-
tude, it agreed that the provinces of
the former Lombardo-Venetian King-
dom should all, at the proper time, be
represented by a single constituent
assembly, but under the condition
that it should be the duty of this alone
to decide on the political destinies of
the State.

However, the Lombard Govern-
ment, alleging that the war of inde-
pendence was lasting longer than it
had expected and taking into con-
sideration the impatience shown by
the people that it was administering
and other reasons that seemed to it
important, decreed that, even while
the war was going on, a vote should
be taken on the immediate union of
the Lombard territory with the King-
dom of Sardinia, and that the vote
should be taken, not in the assembly
but by receiving the signatures of the
people arranged in appropriate lists.

This example was followed by the
Provisional Departmental Committees
of Padua, of Vicenza, of Treviso,
and of Rovigo, which, solely on their
own authority, decreed that votes
should be taken on the same matter
and by the same method. |

This was done when the provinces
of Udine and of Belluno had already

404

Udine e di Belluno, e trovavasi tuttora
da esso occupata quella di Verona.
Laonde, prescindendo da ogni ques-
tione di diritto e di convenienza, sta
il fatto che la provincia di Venezia è
minacciata di rimanere, per un tempo
piú o meno lungo, nell'isolamento.

Questo fatto è di tanta gravità, che
il Governo provvisorio, sebbene de-
plori che, mentre l’animo e la mente
d'ogni italiano dovrebbero essere
rivolti ad un fine solo, cioè quello
della indipendenza, s'abbia a trattare
d'argomenti politici, e così destare
partiti, generare discordie, produrre
debolezza; tuttavolta credendo poter
dispensarsi dall’interrogare pronta-
mente, sulle questioni che reclamano
soluzione immediata, la volontà degli
abitanti di questa provincia, minac-
ciata di abbandono.

Ma esso Governo intende che
queste volontà sieno significate con
cognizione di causa, previo esame dei
fatti, previa esposizione ragionata
delle opinioni, e quindi in Assemblea
di rappresentanti. Non Assemblea
costituente, che stanzii definitivamente
le leggi fondamentali dello Stato: ma
Assemblea, eletta col metodo som-
inario comandato dalla stringenza del
tempo, che deliberi sulle condizioni
del momento, che, mutando o con-
fermando i membri del Governo, lo
rinforzi e ritempri nel voto popolare.

Pertanto il Governo provvisorio
della repubblica veneta

DOCUMENTS

been invaded by the enemy and while-
that of Verona was still occupied by
him. Therefore, putting aside any
question of right or of convenience, it
is a fact that the province of Venice
is in danger of remaining isolated for
a shorter or longer time.

This fact is so serious that the
Provisional Government, although it
deplores that, while the soul and
mind of every Italian should be di-
rected to a single end, namely, inde-
pendance, it should have to treat
of political arguments, and thus
arouse partisanship, create discords
and bring about weakness; neverthe-
less believes that it cannot dispense
with inquiring quickly, on questions
that call for an immediate solution,
what the wishes are of the inhabitants
of this province, which is threatened
with isolation.

But this Government intends that
these wishes should be expressed with
knowledge of the reasons, previous
inquiry into the facts, previous de-
liberate expression of opinions, and
therefore in an assembly of represent-
atives. Not a constituent assembly
that shall definitely fix the fundamen-
tal laws of the State, but an assembly
elected in the summary manner im-
posed by the exigencies of the time,
which shall deliberate on the condi-
tions of the moment and which,
changing or confirming the member-

ship of the Government, shall
strengthen it and adjust it to popular
opinion.

Therefore the Provisional Govern-
ment of the Venetian Republic

ITALIAN PLEBISCITES OF 1848

DECRETA:

1. È convocata in Venezia un'As-
semblea di deputati pegli abitanti di
questa provincia, la quale: !

(a) Deliberi se la questione rela-
tiva alla presente condizione politica
debba essere decisa subito, od a
guerra finita ;

(b) Determini, nel caso che resti
deliberato per la decisione istantanea,
se il nostro territorio debba fare uno
Stato da se, od associarsi al Piemonte;

(c) Sostituisca o confermi i mem-
bri del Governo provvisorio.

2. Le adunanza saranno tenute in
una delle sale del Palazzo Ducale, e
comincieranno col giorno 18 giugno
corrente.

3. Le norme per l’elezione dei depu-
tati sono determinate in altro decreto
di oggi.?

Venezia, 3 giugno 1848.

Il presidente, MANIN; PALEOCAPA:
Il segretario, JACOPO ZENNARI.

DECREES :

1. An assembly of deputies for the
inhabitants of this province is con-
vened at Venice, which:

(a) Shall decide whether the ques-
tion relating to the present political
condition shall be decided at once, or
when the war is ended:

(b) Shall determine in case the
decision is for an immediate settle-
ment of the question, whether our
territory shall form an independent
state by itself, or shall associate it-
self with Piedmont:

(c) Shall replace or confirm the
members of the Provisional Govern-
ment.

2. The meetings shall be held in
one of the halls of the Doge's Palace,
and shall begin with the 18th day of
June of the current year.

3. The rules for the election of
deputies are established in another de-
cree issued to-day.

Venice, June 3, 1848.

The President, MANIN; PALEO-
CAPA; The Secretary, Jacopo ZEN-
NARI.

1 The date for the convening of the Assembly was first set for June 18. Postponed by a

decree of June 13, it was finally convoked for July 3. (Le Assemblee, vol. 2, pp. 55 and 58.)

2 The decree establishing the electoral qualifications is not given in Le Assemblee. A
summary of these qualifications is given by Dawkins, British Consul General at Venice, in
a dispatch to Viscount Palmerston on June 4, as follows :

“The other decree provides for the electoral qualifications, according to which all per-
sons who have attained the age of 21 years have the right of voting, and all those who have
attained the age of 25 are eligible as deputies. Electors can exercise the right of voting only
in the parishes in which they reside, and the deputies are to be chosen in the different parishes
in the proportion of one deputy for every 2,000 inhabitants.” British Parliamentary Papers,
Affairs of Italy [1108], p. 567.

Vote of the Consulta of Venice.

Dopo la discussione viene posta ai
voti la proposta, che interessando
sopra tutto che l’opinione pubblica sia
istrutta e predisposta sul partito più
utile da prendersi dall’ Assemblea con-
vocata pel giorno 3 luglio, la Consulta
inviti il Governo a far conoscere al
pubblico il vero stato delle cose nei
diversi rapporti delle finanze, della
marina, della guerra e del commercio,
ad illuminare i membri dell’ Assem-
blea per l’emissione del voto, che
troveranno più opportuno pel comun
bene, e predisporre il pubblico ad ac-
cogliere e rispettare questo voto con la
sommissione e confidenza dovute
all'espressione legale della volontà dei
rappresentanti della provincia.

Questa proposta viene approvata ad
unanimi voti.

DOCUMENTS

June 26, 1848 1

After discussion, the following
proposal has been put to the vote:

Since it is necessary, above all,
that public opinion shall be instructed
and prepared regarding the most
beneficial course to be taken by the
assembly convoked for the 3rd day
of July, the Council shall invite the
Government to make known to the
public the true state of things in the
diverse reports regarding finances,
navy, war, and commerce, in order
to supply the members of the as-
sembly with information necessary
for casting their votes for what shall
be found most necessary for the
common good, and to predispose the
public to welcome and to respect this
vote, with the submission and confi-
dence due the legal expression of the
will of the representatives of the
Province.

This proposal has been approved
by unanimous vote.

Speech of Manin before the Representative Assembly, and Vote of the Assem-

bly for the Umon of Venice with Piedmont.

MANIN. I discorsi dei due valenti
oratori che mi precedettero, dimo-
strano che non vi è opinione minis-
teriale; che noi parliamo qui, non
come ministri, ma come semplici depu-
tati; e come semplice deputato parlo
anch'io parole di concordia e di
amore. . ..

1 Le Assemblee, vol. 2, p. 59.
2 Ibid., pp. 92-95.

July 4, 1848 ?

MANIN. The speeches of the two
able orators who have preceded me
demonstrate that there is not minis-
terial opinion here; that we talk here
not as ministers, but as simple
deputies and as a simple deputy I also
will speak words of harmony and of
brotherhood. . . .

ITALIAN PLEBISCITES OF 1848

lo ho oggi la stessa opinione che
aveva nel 22 marzo, quando, dinanzi
alla porta dell’Arsenale ed in Piazza
S. Marco, proclamai la Repubblica.
Io la ho: e tutti allora l'avevano.
Ora tutti non l’hanno. (Agita-
sione.) Parlo parole di concordia e
di amore e prego di non essere in-
terotto. È un fatto che tutti oggi
non l’hanno. È pure un fatto che il
nemico sta alle nostre porte, che il
nemico attende e desidera una dis-
cordia in questo paese, inespugnabile
finchè siamo d’accoıdo, espugnabilis-
simo se qui entra la guerra civile.

Io, astraendo da ogni discussione
sulle opinioni mie, e sulle opinioni al-
trui, domando oggi assistenza, do-
mando oggi un grande sacrificio; e lo
domando al partito mio, al generoso
partito repubblicano. (Applausi uni-
versali.)

All’inimico sulle nostre porte, che
aspettasse la nostra discordia, diamo
oggi una solenne mentita. Dimenti-
chiamo oggi tutti i partiti; mostriamo
che oggi dimentichiamo di essere O
realisti o repubblicani, ma che oggi
siamo tutti Italiani.

Ai repubblicani dico: nostro è l’av-
venire. Tutto quello che si è fatto e
che si fa, è provvisorio. Deciderà la
Dieta italiana a Roma. (Vive e pro-
lungate acclamazioni universali.)

(Tornato il Manin al suo posto,
l'avv. Castelli e molti altri deputati
vanno ad abbracciarlo con grande ef-
fusione di animo.)

407

I hold to-day the same opinion
which I held on the 22nd of March,
when, before the door of the Arsenal
and in the Piazza S. Marco I pro-
claimed the Republic. I hold it now
and everyone held it then. At
present everybody does not hold it.
(Agitation.) I speak words of har-
mony and of brotherhood and I ask
not to be interrupted. It is a fact
that not all men hold it. It is, more-
over, a fact that the enemy is at our
door, that the enemy awaits and de-
sires discord in this country, impreg-
nable so long as we are in agreement,
but at the mercy of the enemy should

_ civil war enter here.

Abstaining from all discussion of
the opinions of myself and others,
I ask, today, assistance, I ask today
a great sacrifice, and I ask it of my
own party — of the generous republi-
can party. (Universal applause.)

To the enemy at our doors, who
are expecting discord in our ranks,
we will to-day give the solemn lie.
Let us forget today all party issues;
let us show that to-day we forget that
we are royalists or republicans but
that we are now all Italians.

To the republicans I say: “the
future is ours. All that which has
been done, which is being done, is
provisional. The Italian Diet at
Rome shall decide.’ (Unanimous
and prolonged cheers.)

(Manin returned to his seat, the
lawyer Castelli and many other dep-
uties came and embraced him with
great effusion and animation.)

408

Castelli sale in bigoncia, e colle
braccia alzate esclama: La patria è

salva! Viva Manin! (Applausi
generali.)
PRESIDENTE. Domando se alcuno

dei deputati voglia ancora parlare
sull'argomento.

Risposta Universale. Basta; è
esaurito.

Altre Voci: Ai voti.

PRESIDENTE. La proposizione è:

se la condizione politica di Venezia
debba essere decisa subito, o no.

Manin, per una lieve indisposizione,
domanda un po’ di sollievo.

Dopo mezz'ora si fa l'appello per
la votazione, la quale eseguita, ri-
sultano:

Voti affermativi 130; voti nega-
tivi 3.

PRESIDENTE. È accettata la propo-
sizione che si debba decidere sulla
condizione di Venezia.

Ora devesi far luogo al II articolo
del decreto 3 giugno, cioè se Venezia
debba fare uno stato da sè, o asso-
ciarsi al Piemonte.

VARE legge l'articolo relativo.
( Animata discussione sulla formola.)

CASTELLI. Ogni dispiacere è ces-
sato per Patto magnanimo di un gran
cittadino. (Acclamazioni.)

Io credo, che senza bisogno di altre
discussioni, l’Italia sia salvata a Ven-
ezia all'Italia. (Applausi.)

Basta dunque rassegnare all’ Assem-
blea la formola, che io progetterei per
la fusione col Piemonte. E sono le

DOCUMENTS

Castelli rises in the chair, and with
arms upraised exclaims:

“ The country is saved! Long live
Manin!” (General applause.)

PRESIDENT. I ask if anyone of the
deputies wishes to speak upon this
point.

General Response:
settled.

Other Voices: Put it to vote.

PRESIDENT. The proposition is, —
whether the political conditions of
Venice should be at once decided —
or no.

Manin, on account of a slight in-
disposition asks a short recess.

Half an hour later the vote is taken

Enough; it is

- and the result is as follows:

Affirmative: 130;

Negative: 3.

PRESIDENT. The proposition is
accepted, that we must decide on the
condition of Venice.

Now Article II of the decree of
June 3rd should be considered, that is
to say whether Venice shall constitute
an independent State or shall join
Piedmont.

VARE reads the article relating to

this. (Animated discussion as to the
formula.)
CASTELLI. All discontent has

ceased by virtue of the magnanimous
act of a great citizen. (Applause.)

I believe, that without more discus-
sion, Italy will be saved for Venice
and Venice for Italy. (Applause.)

It is enough then to report to the
Assembly the formula which I would
suggest for the fusion with Piedmont.

ITALIAN PLEBISCITES OF 1848

parole medesime, colle quali, espri-
mendo la condizione del paese, credeva
di dover procedere a quell'atto il Gov-
erno provvisorio lombardo, coll’ es-
ordio del decreto con cui è chiamata
la sottoscrizione per la fusione:

“ Obbedendo alla supreme necessità
che l’Italia intera sia liberata dallo
straniero ed all’intento principale di
continuare la guerra dell’indipen-
denza con la maggiore efficacia pos-
sible, come Veneziani in nome e per
l'interesse della provincia di Venezia,
e come Italiani per l'interesse di tutta
la nazione, votiamo l’immediata fu-
sione della città e provincia di Venezia
negli stati sardi con la Lombardia, e
alle condizioni stesse della Lombardia,
con la quale in ogni caso intendiamo
di restare perpetuamente incorporati,
seguendone i destini politici unita-
mente alle altre provincie venete.”

L'Assemblea quindi votó a scrutinio
segreto la formola proposta dal Cas-
telli, che risultò ammessa da 127 voti
contro 6. (Applausi.)

409

And they are the same words with
which, in expressing the condition of
the country, the Provisional Govern-
ment of Lombardy thought that it
should proceed to that act with the
preamble of the decree by which as-
sent to this fusion is called for.

“ Obeying the supreme necessity of
liberating the whole of Italy from the
stranger, and with the object of
carrying on the war of independence
with the greatest possible efficacy,
both as Venetians, in the name and
for the interest of the Provinces of
Venice, and as Italians, for the in-
terest of all the nation, we vote for
the immediate fusion of the city and
province of Venice with the Sardinian
States, together with and on the very
same conditions as Lombardy, with
which we intend in every case to re-
main perfectly incorporated, following
its political destinies, together with
the other Venetian Provinces.”

The Assembly then voted by secret
ballot on the formula proposed by
Castelli, which was accepted by 127
votes as against 6. (Applause.)

Vote of the Sardinian Parliament Accepting the Vote of the City and Province

of Venice and Uniting them with the Sardinian States.

18481

ART. 1. L'immediata unione della
cittá e provincia di Venezia votata
dall’Assemblea dei suoi Rappresen-
tanti e accettata.

Law of July 27,

ARTICLE 1. The immediate union
of the town and province of Venice,
voted by the Assembly of their Repre-
sentatives, is accepted.

1 Le Assemblee, vol. 2, p. 107. Translation from British Parliamentary Papers, Affairs of
Italy, part 111 [1125], p. 79. Passed by the Chamber on July 21, by the Senate July 24. Law

of July 27, 1848, n. 750.

410

La cittá e la provincia di Venezia
formano cogli Stati Sardi e cogli altri
gia uniti un solo Regno alle condizioni
contenute nelle leggi d’unione colla
Lombardia.

DOCUMENTS

The town and Province of Venice
form, with the Sardinian States and
those already united, one sole king-
dom, on the conditions contained in
the laws of the union with Lombardy.

PARMA AND PIACENZA

The Council of Elders A ppoints the Members of the Provisional Government.
April 11, 1848 *

L’Anzianato composto di cento Cit-
tadini, radunatosi oggi in numero di
ottantotto individui, qui sotto indicati,
nel Palazzo del Comune, dietro in-
vito del Podestà, al fine di eleggere un
Governo provvisorio per rispondere
allo spirito del paese;

Ritenuto che la libera scelta di un
Governo provvisorio fatta dall'An-
zianato ossia dalla Rappresentanza
del Popolo, colloca questo paese nelle
condizioni dei limitrofi:

Ha nominato e nomina un Gov-
erno provvisorio composto de’ signori:

Conte De Castagnola Ferdinando.
Conte Cantelli Girolamo.
Professor Pellegrini Pietro.

Conte Sanvitale Luigi.

Bandini Giuseppe.

Monsignor Carletti Don Giovanni.
Avvocato Maestri Ferdinando.

Parma 11 Aprile 1848.

Sottoscritti: FERDINANDO BOLLA
— E. BARBIER — O. GARBA-
RINI— . .

ı Le Assemblee, vol. 1, p. 597.

The Council of Elders, composed
of one hundred citizens, met to-day to
the number of eighty individuals, in-
dicated below, in the City Hall, by
invitation of the Mayor, with the pur-
pose of electing a Provisional Gov-
ernment in accord with the spirit of
the country.

In the belief that the free choice
of a Provisional Government made
by the Council of Elders, or rather
the Representatives of the People,
places this state in the condition of
the neighboring states.

Has appointed and appoints a
Provisional Government composed of
Messrs:

Count Ferdinando De Castagnola.

Count Girolamo Cantelli.

Professor Pietro Pellegrini.

Count Luigi Sanvitali.

Giuseppi Bandini.

Monsignor Don Giovanni Carletti.
Advocate Ferdinando Maestri.

Parma, 11 April, 1848.
Signed: FERDINANDO BoLLa, E.
BARBIERI, O. GARBARINI, . . .

ITALIAN PLEBISCITES OF 1848 411

The Provisional Government of Parma Proclaims a Plebiscite on the Question
of Union with Sardinia. May 8, 1848!

Tl Governo provvisorio di Parma,
come non aveva, nè ha, così non si
arrogò mai il mandato di disporre
nè dei voleri, nè dei diritti, né delle
persone, ne delle cose di questo paese,
di questo Popolo, quanto all’aggre-
garsi all'una od all’altra Provincia, a
questo od a quel Regno d’Italia.

Il Governo Provvisorio e nessuno
non poteva ignorare che tale delibera-
zione non dipende che dal voto si-
gnificato dalla maggioranza del Po-
. polo.

Non ignorava non potersi ciò con-
seguire che in due forme: o per una
Rappresentanza legale elettiva ; o rac-
cogliendo, quanto è possibile, i singoli
voti dell’universale.

Fu già per questo che il Governo
provvisorio di Parma, secondando
l'invito del Governo provvisorio di
Milano, inviò chi assistesse alla Com-
missione intesa a comporre un sistema
di elezione, secondo il quale si otte-
nesse nel miglior modo il voto co-
mune. Se il tempo concedeva di met-
tere ad effetto quello o somigliante
metodo, noi, per quanto era nel poter
nostro, Pavremmo seguito.

Ma se il corso degli avvenimenti, se
gli scritti di uomini sinceramente
amanti di quest'Italia, se infine le con-

1Le Assemblee, vol. 1, p. 598.

The Provisional Government of
Parma, not having, nor having had
authority, has never claimed a right
to dispose of the will, nor of the
rights, nor of the persons, nor of the
possessions of this State, or of this
People, regarding their joining one or
another Province, or this or that
Kingdom of Italy.

The Provisional Government and
all others could not be ignorant that
such a decision must depend only
upon the expressed will of the
majority of the people.

It could not ignore that this could
be carried out only in two ways,
either by a representative body legally
elected, or by gathering, as far as pos-
sible, the individual wishes from a
general vote.

It was, then, for this reason that
the Provisional Government of
Parma, accepting the invitation of
the Provisional Government of
Milan, sent someone to assist the
Commission which had been ap-
pointed to compile an elective system
by which the general vote should be
obtained in the best manner. If time
had permitted of the putting into ef-
fect of that and similar methods, we
should have followed it as far as we
were able.

But, if the course of events, if the
writings of men who sincerely love
Italy, if in fine the conditions of our

412

dizioni particolari della Città nostra
mostrarono dannoso ad essa, dannoso
all'Indipendenza Italiana il temporeg-
giare; . . . se Parma, commossa da
questi sentimenti, che da lungo tempo
vanno occupando gli animi de’buoni
Italiani, diede segno ne'giorni passati,
oggi solennemente dimostrò e di-
chiarò al Governo provvisorio come
la Città e lo Stato debbono e vogliono
esprimere il loro voto, intorno a questa
importante risoluzione, nel modo il più
universale, ma insieme il più sollecito,
raccogliendo, quanto più si possa, i
singoli voti; il Governor provvisorio
non solo accetta, ma reputa suo debito
di agevolare e assicurare i modi per 1
quali il pubblico voto possa essere
dato, raccolto, manifestato. A ques-
to fine dispone:

1. Saranno aperte in ogni Par-
rochia dello Stato note nelle quali sia
libero a tutti esporre il suo voto per
la riunione di questo Ducato al Regno
Sardo; sia anche libero esporre quelle
condizioni o nuove proposte che pa-
ressero più convenienti el al nostro
Stato e all’Italia.

2. Ogni Podestà inviterà il Popolo
del suo comune a recarsi nelle par-
rocchie rispettive a ore determinate
e in compagnia col Parroco assisterà
essomedesimo o delegherà un Sindaco
od un Anziano alla compilazione delle
note;

3. Entre il giorno 17 del corrente
le note dovranno, per le vie ufficiali,
essere trasmesse suggellate al Go-
verno per fare lo spoglio de'nomi e
de’voti.

DOCUMENTS

particular city showed the policy of
delay to be damaging to her and
to Italian Independence, . . . if
Parma, moved by these sentiments
which long have occupied the spirit
of good Italians, has shown in the
past, and has to-day solemnly demon-
strated and declared to the Provis-
ional Government the method which
the City and the State should follow
and desire to follow in expressing
their will about this important reso-
lution and has done this most com-
prehensively and solicitously, collect-
ing single votes as far as ‘possible;
then the Provisional Government not
only accepts, but considers it its duty
to facilitate and assure the ways by ©
which the public vote may be cast,
collected, and published. To this
end it orders that:

1. Lists shall be opened in every
parish of the State in which all shall
be free to give their vote for the union
of this Duchy to the Kingdom of
Sardinia; they shall also be free to
express such conditions or new
proposals as may seem more adapted
to our State and to Italy.

2. Each Mayor shall invite the
people of his community to meet in
their respective parishes at a given
hour, and, together with the Parish
Priest, shall himself compile or shall
delegate to a Syndic or to an Elder
the duty of compiling the lists.

3. Before the tenth of the current
month, the lists, sealed, shall be sent
officially to the Government, in order
that names and votes may be counted.

ITALIAN PLEBISCITES OF 1848

Il Delegato alla Sezione dell'interno
curerà l’esecuzione delle presenti dis-
posizioni.

Parma, 8 maggio 1848.

G. CANTELLI — F. MAESTRI—F.
DE CASTAGNOLA — . . .

Formal Minute of the Result of the Plebiscite.

Il Governo provvisorio di Parma,
considerando la condizione presente
delle cose nostre e d’Italia; la con-
venienza e necessità che più a lungo
non durasse una incertezza dannosa a
ciascuno degli Stati fattisi indipen-
denti, e pericolosa a tutta l’Italia; ad-
empiendo pur anco i desideri mani-
festati da moltissimi cittadini, fece
con Atto dell’ maggio 1848 aprire in
ogni parrocchia dello Stato registri,
ne’ quali ciascuno esponesse libera-
mente il suo voto, o per la riunione di
questo Stato al Regno Sardo, o per
quelle altre condizioni o proposte che
paressero più convenienti al nostro
Stato e all’ Italia. |

Chiusi e trasmessi i registri entro
il termine prescritto, il Governo Prov-
visorio ordinò, il 20 maggio, che la
verificazione ed enumerazione dei voti
si facesse, assistendovi due membri
del Governo, il Presidente del Su-
premo Tribunale, il Procuratore gen-
erale presso il Tribunale medesimo e
l’archivista dello Stato; e che per mi-
nistero de’ Notai dott. Antonio Lom-
bardi e dott. Enrico Adorni si com-

1 Le Assemblee, vol. 1, p. 600.

413

The Delegate of the Department of
the Interior shall take charge of the
execution of the present provisions.

Parma, May 8, 1848.
G. CANTELLI, F. MAESTRI, F. DE
CASTAGNOLA, . . .

May 26, 1848 !

The Provisional Government of
Parma, considering the present condi-
tion of affairs in Italy and that it is
expedient and necessary that an un-
certainty which is harmful to each of
the independent States, and danger-
ous to all Italy, should no longer con-
tinue; fulfilling also the wishes mani-
fested by many citizens, by an act of
May 8, 1848, opened registries in
every parish of the State, in which
everybody should freely express his
vote, either for the union of this
State to the Kingdom of Sardinia, or
for other conditions and proposals
that might seem more suitable to our
State and to Italy.

The registers having been closed
and sent in within the given time, the
Provisional Government, on the 20th
of May, ordered that a verification
and enumeration of votes should be
made in the presence of two members
of the Government, the President of
the Supreme Court, the Attorney
General of the same Court and the
Keeper of the State Archives, and
that the notaries, assisted by Dr.

414

pilasse processo della verificazione del
voti e del risultamento di essi.

Per dar opera alle quali cose gl’in-
dividui anzidetti si sono difatto ra-
dunati nel Palazzo del Governo* la
sera di quel medesimo giorno (20),
ed hanno continuato lo squittinio nei
successivi (21, 22, 23, 24); ed at-
tentamente esaminata ciascuna nota
dei voti, ne raccolsero i risultati, il
quali nello Specchio qui unito si rap-
presentano, ed ora vengono promul-
gati.! |

Dalla maggioranza grandissima
de'quali voti, è determinata la ri-
unione di questo Stato a quello di S.
M. Re Carlo Alberto; la cui sapienza
promette ai Popoli istituzioni vera-
mente liberali e civili; dalla cui ma-
gnanimità Parma invoca e attende
l'adempimento di alcuni desideri, quasi
universali pel Popolo Parmense, es-
pressi da moltissimi nel dare i loro

DOCUMENTS

Antonio Lombardi and Dr. Enrico
Adorni, should draw up an official re-
port of the verification of the votes
and the result of the same.

To make these acts effective, the
above mentioned individuals met in
the Town Hall on the evening of that
same day (the 20th) and continued
the count on the following days
(21st, 22nd, 23rd, 24th), and care-
fully examined each list of the votes,
and collected the results which are
shown and are now promulgated in
the accompanying table.?

From the great majority of the
said votes the union of this State with
that of H. M. Carlo Alberto is deter-
mined; whose wisdom promises free
and civilized institutions to the
People; from whose magnanimity
Parma invokes and expects the fulfill-
ment of certain wishes, almost uni-
versal among the People of Parma,
and expressed by many in their votes

1 Note by the editor of the Assembly: Il risultato, completato dalla nota aggiunta in data

26 maggio, è il seguente:

Per Carlo II
Per gli Stati Pontifici

Per la Toscana .....................

Diversi
Indeterminati

Translation :
follows:

Total number of those voting .......

For union with the Sardinian States
For Carlo II

For the Pontifical States ............
For Tuscany ........................

Scattered
Undetermined

è 0 on sn a 0 0 sc 802 Ss a e è 0 ees pet 00 @

5090065 0 è cs s db e 600 ee © @

e 0 0 0 0 è è sa a 0a 0 sè ao sè è è e oca ces ee

The final result, counting in a list added under date of May 26th, is as

ITALIAN PLEBISCITES OF 1848

voti per la riunione al Regno Sardo;
e sono:

Che Parma sia Capoluogo di Prov-
incia, e Sede di un Tribunale Supe-
riore;

Che i beni del Patrimonio dello
Stato di Parma siano destinati a par-
ticolare beneficio dello Stato mede-
simo; e le rendite erogate alle pub-
bliche istituzioni, fra le quali prin-
cipalissima l'Università degli Studi di
antica fama e splendore; e così tutte
le altre che già esistono, come a quelle
che possono . essere dimandate dal
bisogno presente e dal progresso delle
arti e delle scienze; come fu gia dis-
posto nel Decreto del Governo prov-
visorio del 14 maggio corrente;

Che, sino ad una nuova legisla-
zione per tutto il nuovo Regno, sieno
conservati i vigenti nostri Codici, e
gli attuali ordini giudiziari ed am-
ministrativi;

Che poi la Costituzione del nuovo
Regno si riformasse sopra basi piú
larghe.

I registri contenenti le espressioni
dei voti vengono immediatamente
consegnati al qui presente sig. prof.
Amadio Ronchini archivista, perchè
ne faccia deposito nell’Archivo dello
Stato in adempimento del sopracitato
Decreto del 20 maggio.

Di tutte le quali cose ne viene dis-
teso Atto in duplice originale dai sot-
toscritti Notai della Basilica-Catte-
drale alle ore sei pomeridiane di ques-
to giorno 25 maggio 1848.

Assisterono a quest’ Atto solenne 1
componenti il Governo provvisorio,

415

for the union with Sardinia.
are:

That Parma shall be the Capital of
the Province, and the Seat of the
Supreme Court.

That the property of the Patri-
mony of the State of Parma be ap-
propriated to the sole benefit of the
sald State; and the income ap-
propriated to public institutions, prin-
cipally the University of ancient fame
and splendor, and also all others al-
ready existing, as well as those others
which may be demanded by present
need and the progress of the Arts
and Sciences; as was provided in the
Decree of the Provisional Govern-
ment of May 14th.

That, until new legislation for the
whole of the new Kingdom be made,
our present codes, and the present
judiciary and administrative provi-
sions shall be preserved.

Also, that the Constitution of the
new Kingdom shall be made over
upon a broader basis.

That the registers containing the
expressions of the wishes be given im-
mediately to Professor Amadio
Ronchini, Keeper of the Archives, in
order that he may deposit them in the
State Archives in fulfillment of the
above mentioned Decree of May 20th.
Of all of these things a detailed Act in
duplicate form has been made by the
undersigned Notaries of the Cathe-
dral at six P. M. of this day, May
25th, 1848.

The members of the Provisional
Government were present at this

They

416

meno il signor Bandini, che non ha
potuto intervenire per motivo di
cagionevole salute; il Presidente del
Supremo Tribunale, il Procuratore
generale presso il Tribunale medesimo
e l’Archivista dello Stato: alla pre-
senza delle Rappresentanze del Popolo,
delle Autorità civili e militari dello
Stato, e della Guardia nazionale.

E pubblica lettura data, 1 membri
del Governo e della Commissione so-
pradetta si sono sottoscritti coi Notai.

Sottoscritti: DE CASTAGNOLA —
L. SANVITALE — G. CANTELLI — F.
MAESTRI — P. PELLEGRINI—G. C.
CARLETTI — G. BERTOLINI —G. B.
NiccoLosi — A. RoncHINI — E.
AporNI— A. LOMBARDI.

Nell'istante in cui erano per apporsi
le soscrizioni, il signor Carlo Pastori,
condottiere della seconda colonna
mobile dei volontari parmensi, ed il
signor dottore Enrico Rossi primo
tenente della colonna stessa, composta
di dugento uomini, non avendo prima
d’ora potuto emettere il voto all’unione
discorsa, perchè occupati in esercizi
militari, hanno dichiarato essere la
colonna loro unanimamente pel capi-
tano dell’armata italiana S. M. Carlo
Alberto.

Sottoscritti: PASTORI CARLO, Con-
duttore della seconda colonna mobile
di Parma — Dottore Enrico Rossi,
primo tenente. . . .

Si crede importante dai sottoscritti
il dichiarare che oggi stesso è perve-
nuta a questo Governo provvisorio
l’adesione per lettera di S. E. Rev. ma

DOCUMENTS

solemn Act, excepting Signor Ban-
dini, prevented from coming by ill
health; the President of the Supreme
Court, the Attorney General of the
said Court, and the Keeper of the
State Archives; in the presence of the
Representatives of the People, of the
Civil and Military Authorities of the
State and of the National Guard.

After the public reading thereof,
the members of the Government and
Commission above mentioned signed
with the Notaries.

(Signed): De CASTAGNOLA, L.
SANVITALE, G. CANTELLI, F. MAEs-
TRI, P. PELLEGRINI, G. C. CARLETTI,
G. BERTOLINI, G. B. NıccoLosı, A.
RONCHINI, E. ADORNI, A. LOMBARDI.

At the moment in which they were
to affix their signatures, Signor Carlo
Pastori, Commander of the Second
Regiment of the Parma volunteers,
and Dr. Enrico Rossi, First Lieu-
tenant of the said Company, com-
posed of two hundred men, not hav-
ing been able to vote upon the pro-
posed union, owing to military duty,
declared their Company unanimously
in favor of H. M. Carlo Alberto as
Commander of the Italian Army.

(Signed) CarLo PASTORI, Com-
mander of the Second Mobile Column
of Parma, Dr. Enrico Rossi, First
Lieutenant. . . .

The undersigned consider it im-
portant to declare that the Provi-
sional Government has received today
by letter the adhesion of His Excel-

ITALIAN PLEBISCITES OF 1848

Monsignor Vescovo di Borgo San
Donnino al Governo di S. M. l’invitto
Re Carlo Alberto, adesione da lui si-
gnificata come conforme all'espres-
sione della maggioranza dei cittadini.
Onde il risultato ultimo della votazione
per aggregazione al Regno Sardo, com-
presi i dugento della colonna mobile
di cui in calce all’atto solenne, ascende
al numero di trentasettemilaquattro-
centocinquantuno (37,451). Si dichi-
ara ad un tempo che al predetto atto
solenne furono presenti anche le au-
torità ecclesiastiche non menzionate
in esso per omissione materiale.
Questa dichiarazione addizionale è
stata sottoscritta dal Governo prov-
visorio e dalla Commissione incari-
cata dello squittinio e da noi Notai
dopo lettura.

Parma questo di 26 maggio 1848.

Sottoscritti: DE CASTAGNOLA —
G. CASTELLI — L. SANVITALE — G.
C. CARLETTI — F. MAESTRI — P.
PELLEGRINI — G. BANDINI — G.
BERTOLINI — G. B. NiccoLosi — A.
RONCHINI — ADORNI — A. Lom-
BARDI.

417

lency the Rev. Bishop of Borgo San
Donnino to the Government of H. M.
the invincible King Carlo Alberto,
an adhesion stated by him to be in
accordance with the expression of the
will of the majority of the citizens.
Therefore, the final result of the vot-
ing for the union with Sardinia, in-
cluding the two hundred of the
Mobile Column which is annexed to
the solemn act aforesaid reaches the
number of thirty-seven thousand four
hundred and fifty-one (37,451). It

‘1s declared at the same time that at the

aforesaid solemn Act the ecclesiastic
authorities were also present, not
mentioned in the document through
a serious omission. This additional
declaration has been signed by the
Provisional Government and the
Commission in charge of the count,
and by the Notaries after the reading.

Parma, May 26, 1848.

(Signed) DE CASTAGNOLA, G.
CASTELLI, L. SANVITALE, G. C. CAR-
LETTI, F. MAESTRI, P. PELLEGRINI,
G. BANDINI, G. BERTOLINI, G. B.
NiccoLosi, A. RONCHINI, ADORNI,
A. LOMBARDI.

Law of the Sardinian Parliament Accepting the Votes of Parma and Guastalla

and Uniting them with the Sardinian States.

Visto il risultamento della votazione
universale tenutasi nei Ducati di
Parma e Guastalla, presentata a S. M.
da speciali deputazioni, secondo la

Law of June 16, 1848!

Whereas the result of the universal
voting in the Duchies of Parma and
Guastalla, presented to His Majesty
by special deputations, according to

1 From minutes of the session, Le Assemblee, vol. 1, p. 606. Guastalla had already voted

to join Sardinia.

418

quale è general voto di quelle popo-
lazioni di riunirsi al nostro Stato.

Per assicurare a quelle nuove pro-
vincie il godimento il più immediato
possibile dei diritti politici.

ART. 1. I Ducati di Parma e Gua-
stalla faranno parte integrante dello
Stato a cominciare dalla data della
presente legge.

ART. 2. Avranno immediato vi-
gore nei Ducati medesimi lo Statuto
fondamentale del Regno, e le leggi
nostre sulla milizia comunale, sulle
elezioni politiche e sulla stampa.

ArT. 3. È data facoltà al Governo
di provvedere in via d'urgenza con
semplici decreti reali ad una prov-
visoria esecuzione delle operazioni
elettorali sulla base dell’analogia colla
legge elettorale vigente.

Art. 4. La linea doganale esist-
ente tra il Ducato di Parma e gli Stati
Sardi, come pure quella tuttora con-
servata tra questi e il Ducato non
unito di Piacenza, verranno tolte.

ART. 5. La tariffa doganale Sarda
in un colle variazioni alla medesima
fatte fino alla data della presente,
verrà provvisoriamente posta in vigore
in quei due Ducati, non che in quello
di Guastalla.

ART. 6. Sarà provvisto con de-
creto reale circa il modo ed il tempo
di mandare ad effetto le disposizioni
di cui nei due precedenti articoli.

ART. 7. Sarà pure provvisto nello
stesso modo per quanto concerne all’-
uniformità di sistema e di prezzo nella

DOCUMENTS

which the will of those populations
for their union with our State is gen-
eral,

In order to assure to these new
provinces the earliest possible enjoy-
ment of political rights,

ARTICLE l. The Duchies of Par-
ma and Guastalla shall form an in-
tegral part of the State, to commence
from the date of the present law.

ART. 2. The Constitution of the
Kingdom and our laws relating to
communal militia, to political elec-
tions and to the press shall have im-
mediate force in the said Duchies.

Art. 3. As a case of immediate
necessity the Government is given the
power to provide by royal decrees
for a provisional execution of elec-
toral proceedings on the basis of
analogy with the existing electoral
law.

ART. 4. The customs boundary ex-
isting between the Duchy of Parma
and the Sardinian States, as likewise
that maintained at present between
the latter and the Duchy of Piacenza
which is not united, shall be abolished.

ART. 5. The Sardinian customs tar-
iff, with all the amendments to the
same made up to the date of this
present law, shall be provisionally put
in force in these two Duchies, as well
as in that of Guastalla.

ART.6. Provision shall be made by
royal decree concerning the manner
and time of carrying out the provi-
sions of the two preceding articles.

ART. 7. Provision shall also be
made in the same manner for every-
thing concerning the uniformity of

ITALIAN PLEBISCITES OF 1848

vendita dei generi di privativa nei tre
Ducati.

Art. 8. Nulla sarà però innovato
riguardo al prezzo di vendita del sale.

Art. 9. Nel resto staranno prov-
visoriamente in vigore le leggi attuali,
intanto che possa essere maturata la
compiuta estensione della legislazione
generale dello Stato ai Ducati di
Parma e Guastalla.

I ministri sono incaricati della ese-
cuzione della presente legge.

419

system and of prices in the private
sale of merchandise in the three
Duchies.

Art. 8. But nothing shall be altered
in regard to prices in the sale of salt.

ART. 9. For the rest, the present
laws shall remain provisionally in
force, until the complete extension of
general legislation of the State to the
Duchies of Parma and Guastalla can
be developed.

The ministers are charged with the
execution of the present law.

The Provisional Government of Piacenza Makes Public the Result of the

Plebiscite.

La Nazione italiana che dopo i
Trattati del 1815 aveva subito una
lunga e dolorosa servitù e i di cui
sforzi magnanimi più volte rinnovati
furono contenuti sempre da una forza
immensa, preponderante, finalmente,
nell’anno 1848, aiutata dalla divina
parola di Pio IX e dalla forza sempre
crescente della civiltà ruppe il giogo
straniero e si rivendicò in libertà, in-
vocando il grande, l’imprescrittibile
principio della sua Nazionalità.

Cessato per noi il regnare di Maria
Luigia d’Austria, succedette Carlo II
di Borbone, il quale per breve ora fu
detto Duca di questi Stati. Il suo
dominio antinazionale e misto con in-
timissime alleanze a quello dell’Aus-
tria dovette necessariamente e legitti-
mamente cadere con l’altro al quale
si reggeva.

1 Le Assemblee, vol. 1, p. 622.

May 12, 1848 !

The Italian Nation, which, after
the Treaties of 1815, had submitted
to a long and unhappy servitude, and
whose great efforts, many times re-
newed, were always opposed by an
immense and overwhelming force,
finally, in the year 1848, helped by the
sacred word of Pius IX, and the ever
increasing power of civilization,
broke the stranger’s yoke and vindi-
cated her liberty, invoking the great
and unwritten principles of her Na-
tionality.

When Maria Louisa of Austria
ceased to reign over us, Carlo II of
Bourbon succeeded, who, for a short
time was called Duke of these States.
His anti-national rule influenced by
most intimate alliance with Austria
necessarily and legitimately fell with
that which upheld it.

420

Nel di 26 marzo ultimo, gli Aus-
triaci sgombrarono il Castello. Nel
di stesso la Città, rotti gli stemmi
ducali, si proclamò libera e padrona
di sè, dandosi con mirabile consenso
di tutti gli ordini ad un Governo prov-
visorio, che dura tuttavia benemerito
ed approvato. In questo grande
movimento un'idea dominava sopra
tutte, di allontanarsi dal regime ducale
incompatibile colla indipendenza della
Nazione, e di accostarsi a tale altro
Governo per cui fosse costituita e cor-
roborata l’Unità Italiana.

Se non che a deliberazione così im-
portante parve non fossero per bas-
tare ne i Consigli ordinari né qual-
unque altra Assemblea deliberante,
ma si richiedesse propriamente il voto
universale manifestato individual-
mente nella forma più lata possibile
da ciascun cittadino.

Secondo questo concetto per voto
del Consesso civico questo Governo
con Atto del giorno 7 aprile ultimo,
stabili che ogni cittadino maggiore di
età dovesse liberamente esprimere il
suo voto sovra appositi registri per
l'aggregazione di questo Stato ad
altro Stato d’Italia.

I registri furono aperti in ogni
Comune del Piacentino, nel di 10
aprile suddetto, e furono chiusi nel
giorno 2 maggio corrente e mandati

dai rispettivi Podestà al signor Dele- :

gato del Governo di Piacenza.
Ed ora in virtù dell'Atto del Go-
verno del 7 corrente maggio da noi

DOCUMENTS

On the 26th of last March, the
Austrians moved out of the Castle.
The same day the City, having de-
stroyed the ducal coat-of-arms, pro-
claimed herself free and mistress of
herself, giving herself, with the won-
derful agreement of all classes, a Pro-
visional Government, which still ex-
ists, worthy and approved. In this
great movement one idea predomi-
nated over all others, to break away
from the ducal régime, incompatible
with the independence of the Nation,
and to draw near to any other Gov-
ernment by which Italian Unity
would be established and strength-
ened.

But for such important delibera-
tions, neither the ordinary Councils
nor any other kind of Assembly
seemed sufficient, therefore a uni-
versal vote was called for, to be given
individually in the broadest form pos-
sible by each citizen.

In accordance with this plan for the
vote of the Civic Assembly, this Gov-
ernment by Act of the 7th of last
April, ordered that each citizen who
was of age should freely express his
vote upon registers provided there-
for, for the union of this State to an-
other State of Italy.

The registers were opened in all
the Communes of Piacenza on the
10th of April, and were closed on
May 2nd, and sent by the respective
Mayors to the Delegate of the Gov-
ernment of Piacenza.

And now by virtue of the Act of
Government of May 7th, Dr. Luigi

ITALIAN PLEBISCITES OF 1848

dottor Luigi Guastoni, dottor Vin-
cenzo Salvetti, amendue notai a Pia-
cenza, e Antonio Bonora archivista di
questo Municipio si procede con l'in-
tervento delle infradistinte Autorita, e
coli’ assistenza dei Corpi civili, eccle-
siastici e militari, ed in presenza del
Popolo allo scrutinio dei sovraindicati
registri che ci vengono qui presentati
dal signor Delegato del Governo di
Piacenza, Conte Guido Barattieri, e
se ne opera lo spoglio come segue:

Popolazione ........................ 206,566
Numero delle famiglie .............. 42,277
Voti per l'aggregazione di questo Stato:

Al Piemonte ....................... 37,089
Al Regno Lombardo-Veneto ........ 62
A Parma ........................,.. 11
Allo Stato Pontificio ................ 352
Alla Toscana ....................... 10
Voti indeterminati .................. 61

Totale .....................1..... 37,585

La maggioranza assoluta di voti è
per la nostra aggregazione al Pie-
monte.

Questo risultato spiega essere stato
quasi unanime il pensiero di tutti 1
nostri concittadini per la unione di
questo Stato al Piemonte; tolte le
donne, i minorenni, gli infermi, le
Corporazioni regolari dal numero to-
tale della nostra popolazione a poco
più dell’ottenuto pel Piemonte si ridu-
ceva per noi il numero delle persone
che potevano dar voto.

I registri si ripongono in casse di
piombo e si consegnano al signor
archivista, onde siano custoditi in
questo Archivio municipale a tenore
del citato Atto del Governo del 7
maggio corrente.

421

Guastoni, Dr. Vincenzo Salvetti, both
notaries of Piacenza, and Antonio
Bonora, Keeper of the Archives of
this Municipality, proceed with the
aid of the various authorities, and in
the presence of the civil, ecclesiastical
and military bodies, and in the pres-
ence of the people, with the count of
the above-mentioned registers which
were here presented by the Delgate of
the Government of Piacenza, Count
Guido Barattieri, and the count is
made as follows:

Population ........,................ 206.566
Number of families ................ 42,277
Votes for the union of this State

With Piedmont ..................... 37,089

With the Lombard-Venetian Kingdom 62

With Parma ........................ 11
With tbe Pontifical States ........... 352
With Tuscany ....................... 10
Undetermined ....................... 61

37,585

The absolute majority of the votes
is for our union with Piedmont.

This result proves the almost unani-
mous wish of our citizens in favor of
the union of this State with Piedmont;
omitting the women, minors, the sick,
and the Corporations of regulars
from the total number of our popu-
lation, the number of people able to
vote was reduced to little more than
the number of votes obtained for
Piedmont.

The registers, placed in leaden cas-
kets, have been given in charge of the
Keeper of the Archives to be pre-
served in the Municipal Archives ac-
cording to the Governmental Act of
May 7th.

422

Da questo inclito Governo ci si
presenta un Estratto di deliberazione
presa dal Consesso civico di Piacenza
nel di 8 corrente, ove si esprimono
diversi voti coi quali intende si abbia
ad accompagnare l'Atto di nostra ade-
sione al Piemonte. E questa presen-
tazione viene fatta onde quell’Estratto
di delibera si rimanga unito e faccia
parte dell’Atto presente. E da noi
notai ed archivista lo si unisce di
fatto a quest'Atto ed è del tenore
seguente:

Estratto della deliberazione del Con-
sesso civico di Piacenza del
di 8 maggio 1848

Il Consesso civico nella omai certa
previsione che il nostro territorio sia
per aggregarsi al Piemonte ha unani-
memente espresso i seguenti voti coi
quali si abbia ad accompagnare l'Atto
di dedizione al Governo di S. M.
Sarda:

1° Che la città di Piacenza sia ten-
uta Capoluogo di divisione non sog-
getta a dipendenze amministrative sc
non verso le Autorità supreme e cen-
trali dello Stato.

2° Che la sia conservato oltre il
Tribunale civile e criminale un
Tribunale d’appello come lo ha di
presente;

3° Che gli studi del Liceo siano
mantenuti ed ampliati secondo è ri-
chiesto dalla ragione de’tempi;

4° Che possa reggersi colle proprie
leggi civili e penali insino a che la
legislazione piemontese non abbia
subite le riforme sostanziali di già

DOCUMENTS

This illustrious Government makes
public an Extract of Deliberations
made by the Civic Assembly of Pia-
cenza on the 8th instant, where many
votes are expressed with the intention
of joining in the Act of our adhesion
to Piedmont. And this presentation
was made in order that the extract
of deliberation may be complete, and
form part of the present Act, and by
us, Notaries and Archivist it is for-
mally appended to this Act and reads
as follows:

Extract of the Deliberation of the
Civic Assembly of Piacenza
May 8, 1848

The Civic Assembly in the now
certain provision that our territory
will be united to Piedmont has unani-
mously expressed the following
wishes to accompany the act of trans-
mission to the Government of his Sar-
dinian Majesty:

1. That the city of Piacenza be
held to be the capital of a district, and
not subject to any administrative
jurisdiction, save that of the supreme
and central authority of the State;

2. That there be continued, be-
side the Civil and Criminal Courts, a
Court of Appeals as it now exists;

3. That the Lyceum be main-
tained, and the studies amplified ac-
cording to the demands of the times;

4. That it shall be ruled by its
own civil and penal laws, until the
Piedmontese legislation has been sub-
jected to the substantial reforms al-

ITALIAN PLEBISCITES OF 1848

promesse e reclamate dal nuovo stato
dí cose.

5” Che sieno mantenite le dispo-
sizioni definite di lor natura e perma-
nenti date dall'attuale Governo prov-
visorio ed in ispecie quelle risguard-
anti i beni del Patrimonio dello Stato.

Per copia conforme

Il Segretario del Consesso civico di
Piacenza, G. MISCHI.

Tutte queste cose si sono fatte in
Piacenza nella Chiesa dei SS. Protaso
c Francesco posta nella Piazza de’ Ca-
valli, oggi 10 maggio 1848 alle ore 12
meridiane coll’intervento degli il-
lustrissimi signori . . . (Seguono le
firme).

Questo atto si fa in triplo originale,
e dopo lettura fattane dal notaro
Guastoni, viene sottoscritto dagli Il-
lustrissimi Signori intervenienti, da
noi notai e dall’archivista.

Sottoscritti: PIETRO GIOJA —
ANTONIO ANGUISSOLA — CAMILLO
PIATTI. . ..

Si certifica vera la firma qui sopra
posta del signor dottore Luigi Guas-
toni notaio residente in Piacenza.

Piacenza 12 maggio 1848
Il Presidente del Tribunale civile e
criminale, G. COMELLI.
L. BorpI, Cancelliere.
Si certifica vera la firma del Signor
Giuseppe Comelli Presidente del Tri-
bunale civile e criminale.

Piacenza li 12 maggio 1848.
Il Governo provvisorio

423

ready promised and called for by the
new state of things.

5. That all definite and permanent
arrangements made by the present
Provisional Government shall be
maintained, especially by those re-
garding the property of the Patri-
mony of the State.

A true copy

Secretary of the Civic Assembly of
Piacenza, G. MISCHI.

All these things were done in Pia-
cenza, in the church of SS. Protaso e
Francesco on the Piazza de’ Cavalli,
to-day, May 10th, 1848, at twelve
o'clock in the presence of the illus-
trious gentlemen. . . . (Signatures
follow.)

This act was made in triplicate, and
after the reading by the Notary, Gua-
stone, was signed by the illustrious
gentlemen present, by us the Notaries
and by the Keeper of the Archives.

(Signed) PIETRO GIOJA, ANTONIO
ANGUISSOLA, CAMILLO PIATTI. . . .

We certify to the authenticity of
the signature placed above by Dr.
Luigi Guastoni, notary residing in
Piacenza.

Piacenza, May 12th, 1848.
Prestdent of the Civil and Criminal

Court, G. COMELLI.

L. Borpı, Chancellor.

We certify to the authenticity of
the signature of Mr. Guiseppe Co-
melli, President of the Civil and Crim-
inal Court.

Piacenza, May 12th, 1848.

The Provisional Government.

1 The other 62 signatures given in the original are’omitted.

"= = 1
.

424 DOCUMENTS

P. Giora — A. ANGUISSOLA D'AL-
TOE — C. MARAZZANI— C. PIATTI —
A. EMMANUELI.

I Segretari del Governo prov-
visorio DoTT. CAMILLO FIORUZZI —
Avv. CARLO GIARELLI.

Con successivo atto 7 giugno 1848
si rettifica lo spoglio, aggiungendo il
risultato di quattro Comuni non com-
presi nell Atto precedente, costituendo
così le cifre definitive seguenti:

Popolazione ........................ 217,789
Numero delle famiglie .............. 44,586
Voti per l'aggregazione al Piemonte.. 38,770

Id. a Roma ..... 378
Indeterminati ...................... 66

P. G1o1A, A. ANGUISSOLA D'ALTOE,
C. MARAZZANI, C. PIATTI, A. Em-
MANUELI.

The Secretaries of the Prov.
Government, Dott. CAMILLO Fio-
RUZZI, Avv. CARLO GIARELLI.

By the additional Act of June 7th,
1848, the count was rectified, by add-
ing the result of four communes not
included in the preceeding Act, thus
making the final figures become:

Population ......................,.. 217,789
Number of families ................ 44,586
Votes for union with Piedmont ..... 33,770
Votes for union with Rome ........ 378
Indeterminate ...................... 68

MODENA AND REGGIO

The Municipality of Reggio Proclaims a Plebtscite on the Question of Union

with Sardinia.

CONCITTADINI!

Secondando l'istanza presentata a
questi Atti da alcuni Cittadini caldi di
vero amor patrio, 1 quali negli andati
giorni hanno raccolta una quantita
considerevolissima di firme ad una sos-
crizione volontaria, apertasi per mani-
festare il desiderio degli abitanti di
questa Provincia di unir prontamente
i Ducati Estensi al Regno Piemontese,
formando cogli Stati Parmensi, colla
Lombardia e colla Venezia un Regno
dell’Alta Italia, questo Comune ad
imitazione di molte altre citta italiane,
ha nominata una Commissione dei sig-
nori:

Sac. Dott. Luicr MagoLi — Dott.
1 Le Assemblee, vol. 1, p. 481.

May 3, 1848 *

CITIZENS:

In compliance with the demand an-
nexed to these Acts by a number of
citizens, who, glowing with love of
country, have collected a considerable
quantity of signatures to a voluntary
petition which had been started to
show the desire of the inhabitants of
this Province for the immediate union
of the Duchies of Este with the King-
dom of Piedmont, forming with the
states of Parma, Lombardy and
Venetia a Kingdom of Upper Italy,
this Commune, in imitation of many
other Italian cities, has elected a com-
mission composed of the following
members:

Rev. Dr. Luicr MajoLr — Dr.

ITALIAN PLEBISCITES OF 1848

NicoMEDE BiancHI — Dott. PIETRO
MENOZZI . . . incaricati specialmente
a raccogliere e custodire religiosa-
mente le firme di tutti quelli che
per moto assolutamente libero e asso-
lutamente spontaneo sono desiderosi,
di dare i loro nomi all’Atto suddetto,
il cui tenore proposto è il seguente:

Viva L'ITaLIa — Viva CARLO AL-
BERTO — Viva LA COSTITUZIONE —
Viva IL REGNO DELL'ALTA ITALIA.

Noi desideriamo di unirci al Pie-
monte a fine di formare colla Lombar-
dia un Regno forte, compatto, agguer-
rito, protetto dalla stessa spada, retto

dalle medesime leggi costituzionali. -

Frattanto organizzeremo le nostre
truppe con gli ordini militari del Pie-
monte ed ordineremo possibilmente la
nostra Amministrazione colle leggi
amministrative di quel Regno. I patti e
le condizioni della definitivee stabile fu-
sione politica saranno particolarmente
ventilati e discussi nella Generale As-
semblea, composta dai Rappresentanti
di tutte le Provincie, che si vorranno
aggregare (e saranno crediamo oltre
le Lombarde anco le Venete) al Regno
Subalpino: Assemblea necessaria per
fissare i principi dell’ assimiliazione
con riguardo agli interessi e alle con-
dizioni locali di ciascuna Provincia.
Questi patti saranno per noi da stabi-
lirsi sulle seguenti basi:

1°. Lo Statuto Costituzionale sarà
il più largo ed il più popolare possi-
bile;

425
NICOMEDE BIANcHI — Dr. PIETRO
MENOZZI . . . especially charged with

the function of collecting and care-
fully keeping the signatures of all
those who, moved by an absolutely
free and spontaneous desire, wish to
give their signatures to the Act above
mentioned of which the proposed
tenor is as follows:

Lone Live ITALY — Lone Live
CARLO ALBERTO — LONG LIVE THE
CONSTITUTION — LONG LIVE THE
KINGDOM OF UPPER ITALY.

We desire to join with Piedmont
in order to form with Lombardy a
strong and compact Kingdom, forti-
fied and protected by the same sword,
and under the same constitutional
laws. In the meanwhile we shall or-
ganize our troops under the military
orders of Piedmont and shall possibly
conform our administration to the ad-
ministrative laws of that Kingdom.
The pact and the conditions of a final
and stable political fusion shall be
brought up in detail and discussed in
the General Assembly, composed of
representatives of all the provinces
which may wish to join with the Sub-
alpine Kingdom (the Venetian will be
included with the Lombard Provinces
we believe); an Assembly necessary
to determine the principles of assim-
ilation with regard to the interests
and local conditions of each Province.
These pacts will be settled by us upon
the following basis:

1. The Constitution shall be as
broad and as popular as possible.

426

2°. Resteranno a nostro escluso
profitto i beni Camerali ed Allodiali
dell'ex-Ducato Estense, non che 1 pa-
trimoni delle Opere Pie e dei Comuni;

3°. Saranno ordinati gli Studi ed
i Tribunali in modo che torni comoda
e spedita il piu che si può l'Istruzione
pubblica e l’Amministrazione della
giustizia.

La Commissione suddetta risederà
in questo Palazzo Comunitativo ogni
giorno, dalle ore dieci antimeridiane
alle ore due pomeridiane, e cesserà le
sue operazioni il giorno 25 del mese
corrente. Chiunque intanto ama di
vedere viemmeglio rassicurata la Na-
zionalità e la Indipendenza Italiana €
invitato a dare il suo libero voto alla
sopra indicata soscrizione, iniziatrice
e preparatrice dell'Assemblea, la quale
deciderà definitivamente dei futuri
nostri destini.

Del Palazzo del Comune di
Reggio, li 3 maggio 1848.

Pel Comune: L. CORBELLI.

PRANDI-PIERONI, Segretari.

The Podesta Publishes the Electoral Arrangements.

IL PODESTA DEL COMUNE DI
REGGIO NOTIFICA

Che ad agevolare maggiormente
gli effetti del Proclama del 3 corrente,
col quale s'invitano i Cittadini a dare

ı Le Assemblee, vol. 1, p. 482.

DOCUMENTS

2. The corporate funds and free-
holds belonging to the former Duchy
of Este, not excluding the property of
charitable institutions and of the com-
munes, shall remain to our exclusive
profit.

3. The Universities and the Courts
shall be organized in such a way that
the public instruction and the ad-
ministration of justice shall be as ex-
peditious and convenient as possible.

The said Commission shall sit in
this Communal Palace every day
from the hour of 10 a. m. to the hour
of 2 p. m. and shall terminate its
labors on the 25th day of the current
month.

Whoever, meanwhile, desires to see

.the cause of Nationality and Italian

Independence fulfilled is invited to
give his free vote to the petition indi-
cated above which will bring about
and prepare the Assembly, which
will definitely decide our future des-
tinies.

From the Communal Palace of
Reggio, the 3rd of May, 1848.

For the Commune, L. CORBELLI.

PRANDI-PIERONI, Secretaries.

May 5, 1848 !

THE PODESTA OF THE COM-
MUNE OF REGGIO

Gives notice that, in order to better
accomplish the purposes of the Proc-
lamation of the 3rd inst., by which

ITALIAN PLEBISCITES OF 1848

libero voto alla soscrizione per la
tanto bramata formazione di un
Regno dell Alta Italia, il Comune, ac-
cogliendo volenteroso un indirizzo del
Circolo Politico di questa Città, il
quale facendo plauso alla suddetta sos-
crizione ha chiesto di coadiuvare la
Commissione Generale delegata a rac-
cogliere e custodire le firme dei sos-
crittori; ha nominato una Commis-
sione sussidaria composta dei signori :

Pror. FRANCESCO SELMI

Marco Ravà

DOTT. GIAMBATTISTA GIAVARINI

Dott. GIAMPAOLO ZANNONI

Avv. ANTONIO FOLLONI

Dott. GIUSEPPE TURRI

Dott. MASSIMILIANO GARAVELLI

ANTONIO CODAZZI

Dott. GIAMBATTISTA GORISI

BASILIO GRADELLINI

BARTOLOMMEO DONELLI

DoTT. GIOVANNI FIASTRI.

La suddetta Commissione sussidia-
ria per maggiore comodità del Popolo
risiedera dalle sei della mattina alle
due pomeridiane nell'antico locale
della farmacia Bezzi sotto il Broletto
di questa Città.

Essa è incaricata a raccogliere 1
nomi e cognomi delle persone ignare
di lettere, le quali desiderano concor-
rere nel suddetto voto; nonchè a pres-
tar mano ai Parrochi di questa Città
per la piu pronta raccolta delle firme
e dei nomi.

Nel giorno 25 corrente anche la
Commissione sussidiaria cesserà dalle
sue funzioni e passerà le cartelle di

427

the citizens are invited to give their
free vote to the petition for the
much desired formation: of a King-
dom of Upper Italy, the Commune,
willingly accepting an address of the
Circolo Politico of this City, which,
favoring the said petition, has asked
to assist the General Commission dele-
gated to receive and care for the sig-
natures of those who wish to sign, has
appointed a subsidiary Committee
composed of the following:

PROF. FRANCESCO SELMI

Marco Rava

Dr. GIAMBATTISTA GIAVARINI

Dr. GIAMPAOLO ZANNONI

Apv. ANTONIO FOLLONI

Dr. GIUSEPPE TURRI

Dr. MASSIMILIANO GARAVELLI

ANTONIO CODAZZI

Dr. GIAMBATTISTA GORISI

BASILIO GRADELLINI

BARTOLOMMEO DONELLI

Dr. GIOVANNI FIASTRI

The said subsidiary Committee, for
the greater convenience of the people,
shall sit from 6 in the morning till
2 P. M., in the former premises of the
pharmacist Bezzi, under the Broletto
of this City. They are charged with
the collection of the names and the
surnames of those illiterate persons
who desire to take part in the said
vote: also to lend assistance to the
parish priests of this City so as to col-
lect the signatures and the names as
quickly as possible.

On the 25th day of the current
month the Subsidiary Committee
shall cease from its functions, and

428

soscrizione alla Commissione Gene-
rale pel necessario spoglio dei nomi
dei soscrittori.

Reggio, dal Palazzo del Comune
li 5 maggio 1848.
Pel Podestà: L. CORBELLI.
PRANDI-PIERONI, Segretari.

DOCUMENTS

shall give the papers, with the signa-
tures, to the General Commission, for
the necessary counting of the names
of the subscribers.

Reggio, from the Palace of the
Commune, the Sth day of May, 1848.
For the Podestà, L. CORBELLI.
PRANDI-PIERONI, Secretaries.

The Municipality of Modena Proclaims a Plebiscite. May 10, 1848 *

MUNICIPIO DI MODENA

E desiderio crescente fra noi, è
bisogno universalmente sentito quello
di fissare per sempre i destini del nos-
tro paese. Prima necessità di uno
Stato è la propria indipendenza, e per
ottenere indipendenza non peritura
è indispensabile l'unione. L’unione
sola può difendersi dal minacciante
straniero e guardare par l'avvenire 1
nostro confini, l'unione sola può re-
golare stabilmente la cosa pubblica,
fornirci di ordinati eserciti, proteg-
gere le nostre industrie, i nostri com-
merci, tutelare la vita e l’onore della
famiglie.

Il Municipio di Modena compreso
da queste ragioni e persuaso di gio-
vare, non solo al proprio paese, ma
alla grande causa italiana e volendo
eziandio secondare il voto pubblico,
già in tanta parte manifestatosi col
mezzo di spontanee sottoscrizioni, €
di più confortato oggi dal senno di
scelta mano di cittadini

ı Le Assemblee, vol. 1, p. 483.

MUNICIPALITY OF MODENA

It is an ever increasing desire
among us, and a need universally felt,
to determine for all time the destinies
of our country. The primary neces-
sity of a State is its own independ-
ence, and in order to obtain an inde-
pendence which shall not be transi-
tory a union is indispensable. Union,
alone may be defended from threat-
ening strangers, and may guard our
frontiers in the future; union alone
can regulate public matters in stable
fashion and can organize armies, pro-
tect our commerce, our industries,
and uphold the life and the honor of
the family.

The Municipality of Modena, con-
sidering these reasons, and sure that
it is aiding not only its own country,
but also the great Italian cause, and
wishing, also, to favor the public will,
already manifested in so many places
by signatures spontaneously given,
and, moreover, being to-day supported
by the opinions of a distinguished
group of citizens;

ITALIAN PLEBISCITES OF 1848

. DETERMINA:

di aprire appositi registri per accog-
liere le firme di quanti concorrono
nell'avviso della nostra unione col
Piemonte per fermare un grande
Regno costituzionale dell Alta Itaha,
dietro il programma che segue:

Viva L’IraLia! Viva CARLO AL-
BERTO! Viva LA COSTITUZIONE!
Viva IL REGNO DELL'ALTA ITALIA!

Se la mano di Dio ha protetto
l’Italia per liberarla, è necessario
operare prontamente per non rica-
dere in più duro e abbietto servaggio,

per non essere maledetti dalle genera- .

zioni venture. Ogni istante è pre-
zioso; ogni indugio può rendere im-
possibile la difesa. Qualunque sia nel
fondo del loro cuore l’opinione che
professano, tutti gl'italiani dell’Alta
Italia debbono unirsi in un solo Regno
d’Italia, che abbracci Lombardo-
Veneto, Piemonte, Liguria, Sardegna,
Modenese e Parmigiano, ristabilendo
così e di gran lunga allargando il
pensiero di Bonaparte.— Che il Regno
sia Monarchico-Costituzionale eredi-
tario in Carlo Alberto e sua discen-
denza mascolina.— Che provvisoria-
mente, e per la prima Assemblea si
adotti lo Statuto costituzionale pie-
montese, aggiungendo alle Camere un
numero di membri proporzionato alle
popolazioni che si uniranno.— Che le
Camere alla prima adunanza possano
modificare ed allargare lo Statuto a
norma dei bisogni.— Che sia adottato

429

DETERMINES:

To open a register, adapted to the
collecting of the signatures of those
who are agreed as to our union with
Piedmont, in order to form a great
Constitutional Kingdom of Upper
Italy, according to the following pro-
gram:

Lonc Live ITALY! Lone Live
CARLO ALBERTO! LONG LIVE THE
CONSTITUTION! Lonc LIVE THE
KINGDOM OF UPPER ITALY!

If the hand of God has protected
Italy in order to liberate her, it is nec-
essary for us to act promptly, so that
she may not fall again into harder
and more abject slavery, in order that
we may not incur the curses of future
generations. Every minute is pre-
cious: every delay may render de-
fence impossible. Whatever the
opinions cherished at heart, whatever
the opinions which we profess, all the
Italians of Upper Italy must join to-
gether in one Kingdom of Italy,
which should embrace Lombardy,
Venetia, Piedmont, Liguria, Sar-
dinia, Modena, and Parma, thus re-
establishing and really amplifying the
plans of Bonaparte. The Kingdom
shali be a Constitutional Monarchy,
hereditary in Carlo Alberto and his
male descendants. Provisionally, and
for the first Assembly, the Con-
stitution of Piedmont shall be adopt-
ed, adding to the Chamber a propor-
tional number of members from the
populations which shall join. The
Chamber, at the first meeting, may

430

un largo sistema municipale e comu-
nale.— Che siavi eguaglianza di do-
veri e di diritti in tutti i cittadini, a
qualunque culto appartengano.

Ma poichè la situazione di questi
paesi permette di ottenere certe altre
istituzioni, che noi crediamo neces-
sarie, giuste ed ultilissime ai mede-
simi, si propone di stabilire :

1° I beni demaniali ed allodiali
dell’ex Duca saranno riservati alle due
provincie di Modena e di Reggio per
essere erogati come stabiilira il Go-
verno provvisorio attuale, unitamente
ai Municipi di Modena e di Reggio;

2° Sarà tenuto perpetuamente dis-
tinto il debito pubblico dei diversi
componenti all'epoca dell’aggrega-
zione;

3° Saranno conservati tutti gli sta-
bilimenti delle due Provincie aventi
fondi propri, ed all’Università di Mo-
dena e Liceo di Reggio, saranno des-
tinati i beni gesuitici delle du Pro-
vincie, portando insieme all’Università
e Liceo suddetti quei miglioramenti
che i tempi richiederanno;

4° In ogni caso di Lega doganale
col rimanente d'Italia, la quota del
Regno sarà proporzionata al raggua-
gliato introito, cumulato insieme, delle
singole finanze dei componenti;

5° In Modena antica sede d’una

DOCUMENTS

modify and enlarge the Constitution
as necessity requires. A broad mu-
nicipal and communal system shall be
adopted. There shall be equalization
of duties and of rights for all citizens,
to whatever religion they may belong.

But as the situation of these coun-
tries allows the establishment of cer-
tain other institutions which we be-
lieve necessary, just, and expedient to
the same, it is proposed to establish
that,

1. The estates and landed property
of the former Duke shall be reserved
for the two Provinces of Modena and
Reggio, to be disposed of as the pres-
ent Provisional Government shall de-
cide, jointly with the Municipalities of
Modena and Reggio.

2. The public debts owed by the
several countries at the period of
union shall be held perpetually dis-
tinct.

3. All the establishments of the
two provinces which have their own
funds shall be preserved, and the
wealth of Jesuits of the two Prov-
inces shall be given to the University
of Modena and the Lyceum of Reg-
gio, giving to the said University and
Lyceum the improvements which the
times may require.

4. In every case of the application
of the tariff laws in relation with the
other provinces of Italy, the rate of
the Kingdom shall be in proportion to
the total income ascertained from
adding together the separate incomes
of the various parts.

5. In Modena, the ancient seat of

ITALIAN PLEBISCITES OF 1848

rinnovata Scuola del genio, ne verrá
stabilita una nuova;

6° In Modena e in Reggio vi sarà
tribunale di prima istanza, e in Mo-
dena un magistrato supreme d'appello,
oltre gli istituti relativi alle Camere e
tribunali di commercio, che verranno
necessariamente estesi anche a queste
Provincie.

Ed è per i sovraesposti urgentissimi
motivi, e per non lasciar trascorrere
un momento, che forse potrebbe essere
unico, che sotto le condizioni già dette
1 sottoscritti aderiscono all'unione col
Regno di Sardegna, non dubitando
che il loro esempio venga imitato dagli
altri nostri fratelli d’Italia.

Il Municipio nomina una Commis-
sione composta dei signori dottor Egi-
dio Boni, Guicciardi conte Francesco,
Peretti professore dottor Antonio, . . .

La detta Commissione è incaricata
di assistere alle firme per la loro au-
tenticità, e consegnarne a debito tempo
gli elenchi al Municipio istesso. Essa
risiederà in questo Palazzo municipale
ogni giorno dalle ore 10 antimeridi-
ane alle 2 pomeridiane, e cesserà dalle
sue funzioni col giorno 25 del cor-
rente mese di maggio.

Modena, dal Palazzo municipale,
10 maggio 1848.

La Commissione:

PARENTI, Presidente;
GIUDELLI, MONTANARI,
PADOA, AGGAZZOTTI.

LUCCHI,
MANZINI,

431 .

a School of Engineering, a new one
shall be established.

6. In Modena and in Reggio there
shall be a lower tribunal and in Mo-
dena a Supreme Court of Appeal:
besides the institutions in connection
with the Chambers and Courts of
Commerce which necessarily will be
extended to these Provinces also.

lt is for the above mentioned and
extremely urgent reasons, in order
not to let pass a moment which may
be the only one, that the undersigned
adhere, under the said conditions, to
union with the Kingdom of Sardinia,
not doubting that their example will
come to be imitated by their other
Italian brothers.

The Municipality nominates a
Commission composed of the follow-
ing: Dr. Egidio Boni, Count Fran-
cesco Guicciardi, Prof. Dr. Antonio
Peretti, . ..

The said Commission is instructed
to be present at the signing, so as to
be responsible for the authenticity of
their signatures, and shall make a re-
port of the delivery of the lists into
the hands of the Municipality. It
shall sit in the Municipal Palace every
day from the hour of 10 A.M. to 2
P.M., and cease from its functions
on the 25th of the current month of
May.

Modena, the Municipal Palace,
May 10th, 1848.

The Commission.

PARENTI, President;
GIUDELLI, MONTANARI,
PADOA, AGGAZZOTTI.

LuccHl,
MANZINI,

. 432

DOCUMENTS

The Provisional Government of Modena, Reggio and Guastalla Embodies the
Result of the Plebiscites in q Formal Act of Union with the Sardinian

States. May 29, 1848 !

Trascorso il tempo assegnato a rac-
cogliere le sottoscrizioni, il Municipio
di Modena chiese alla Commissione,
incaricata a tale uffizio, una minuta
relazione dei risultati ottenuti, ed esa-
minati i Registri e gli altri documenti,
che irrefragabilmente constatavano il
voto libero e universale dei Modensi
e loro Provincia di aggregarsi imme-
diatamentel al Regno Sardo, addì 27
maggio in piena e solenne adunanza
con partito preso ad unanimità, il
COMUNE DI MODENA stabiliva che im-
mediatamente i Reggenti provvisionali
dovessero proclamare siffatta unione
e per Atto pubblico e solenne ulti-
marla. I Municipi di Reggio e di
Guastalla avevano fatto la stessa do-
manda, onde il pubblico banditore
addi 29 di quel mese lesse il proclama
seguente:

IL GOVERNO PROVVISORIO
DI MODENA, REGGIO,
GUASTALLA? Ecc., ECC.

Veduta la rappresentanza del Mu-
nicipio di Modena del 27 andante
maggio 1848, il quale notifica al Go-
verno provvisorio, che:

Atteso l'unanime consenso degli in-
tervenuti ad una numerosa e straor-

1 Le Assemblee, vol. 1, p. 491.

When the time assigned for the
collecting of the signatures was
passed, the Municipality of Modena
requested of the Commission charged
with that function, a minute report of
the results obtained, and having ex-
amined the registers and other docu-
ments which irrefutably establish the
free and universal vote of the inhabit-
ants of Modena and their Province
for immediate union with the King-
dom of Sardinia, on the 27th day of
May, at a full and solemn meeting,
with a resolution taken unanimously,
the COMMUNE OF MODENA at once de-
cided that the Provisional Regents of
Reggio should immediately proclaim
this union by a solemn public act.
The Municipalities of Reggio and of
Guastalla have made the same de-
mand, therefore the Public Crier, on
the 29th day of this month read the
following proclamation :

THE PROVISIONAL GOVERN-
MENT OF MODENA, REG-
GIO, GUASTALLA, ETC., ETC.

In view of the request of the
Municipality of Modena, of the 27th
day of the current month: of May,
1848, which notifies the Provisional
Government that:

In view of the unanimous consent
of those present at an extraordinarily

? Guastalla had voted for union with Modena and Reggio on May 24. Jbid., p. 488.

ITALIAN PLEBISCITES OF 1848

dinaria adunanza municipale tenuta il
10 corrente per la nostra unione al
Piemonte e per la formazione d'un
Regno dell'Alta Italia ;

Atteso una coerente dimostrazione
popolare e della Guardia civica in
massa, accaduta il giorno 22 succes-
SIVO;

Atteso il libero voto expresso dai
cittadini con le loro sottoscrizioni nei
registri aperti, giusta il proclama del
detto giorno 10, unitamente a quelle
del clero, dei dipartimenti della gius-
tizia, dell’istruzione pubblica, della
finanza, della guerra, del lavori pub-
blici, della polizia, del Governo prov-
inciale amministrativo, della Guardia
civica stessa, della Presidenza delle
Opere pie, non che dei diversi comuni
della provincia, cha hanno fatto capo
a detto Municipio con lo inoltrare 1
rispettivi elenchi;

Atteso l’indirizzo dei nostri prodi
volontari di Governolo 15 maggio
1848;

Atteso l’altro indirizzo del circolo
pattriotico di Modena 23 maggio
stesso ;

Risulta una maggioranza assoluta
per la detta unione; maggorianza che
è aumentata dalle sottoscrizioni che
si vanno continuando;

E quindi conclude perchè si proceda
ad un atto importante la votata unione
di questi Stati al Regno Sardo, accet-
tando per ora lo Statuto costituzionale
piemontese da modificarsi sopra più
larghe basi dal Parlamento nazionale.

433

large municipal meeting, held the 10th
inst. for our union with Piedmont and
for a formation of the Kingdom of
Upper Italy;

In view of a consistent demonstra-
tion of the people and of the Civil
Guard “en masse,” on the 22nd day
of the following month;

In view of the free vote of the citi-
zens, expressed by their signatures in
the open registers, in accord with the
said proclamation of the 10th of the
month jointly with those of the
clergy, of the departments of justice,
of public instruction, of finance, of
war, of public works, of police, of the
Provincial Administrative Govern-
ment, of the Civic Guard itself, of the
President of Charitable Works, as
well as the diverse communes of the
Provinces which have kept up with
the said Municipality, in promoting
their respective lists ;

In view of the address of our
worthy volunteers of Governolo, on
the 15th day of May, 1848;

In view of the other address of the
Cercolo Patriotico of Modena, of the
23rd day of the same month of May;

There results an absolute majority
for the said union; a majority which
is increased by the signatures which
are still coming in;

And thus concludes because it is
time to proceed to an important act,
the union by vote of these States with
the Kingdom of Sardinia, accepting
for the present the Constitution of
Piedmont, to be made over upon 2
more liberal basis by the National
Parliament;

434

Veduta la rappresentanza del Mu-
nicipio di Reggio, il quale notifica a
questo Governo provvisorio, che ese-
guito lo spoglio legittimo delle firme
alla soscrizione per l'aggregazione
della provincia di Reggio al Regno
costituzionale del Piemonte, e risul-
tante ad evidenza l'assoluta maggio-
ranza del voto popolare, intende che
sia fatta sollecita profferta della pro-
pria unione al Regno Subalpino;

Veduto che per le provincie di
Guastalla e del Frignano hannosi non
certe prove del voto universale da esse
espresso per l’unione al Piemonte,
voto risultante da un numero di so-
scrizioni che rappresenta un'assoluta
maggioranza;

Considerando che al seguito dei
separati spogli delle firme, dimostra-
zioni ed altri atti è comprovato l’uni-
versale desiderio delle provincie degli
Stati gia Estensi alla immediata un-
ione al Regno Sardo;

Il Governo Provvisorio, quale or-
gano delle medesime, eseguendo la
volontà espressa dalle suindicate prov-
incie.

PROCLAMA:

1. Le provincie di Modena, Reggio,
Guastalla, Frignano, ecc., ecc., ecc.,
sono unite immediamente agli Stati
Sardi, ed a quelle qualunque provincie
italiane, che in seguito potessero
uni:si ad ess; Stati, all'intento di cos-

DOCUMENTS

In view of the fact that the Repre-
sentatives of the Municipality of Reg-
gio have notified this Provisional
Government that the result of the
signatures to the petitions, duly count-
ed clearly shows that an absolute ma-
jority of the popular vote of the
Province of Reggio is for union with
the Constitutional Kingdom of Pied-
mont it demands that the offer of its
own union with the Subalpine King-
dom should be proffered at once;

In view of the fact that in the
Provinces of Guastalla and of Frig-
nano there is a no less certain proof
of their universal vote for union with
the Kingdom of Piedmont, the whole
vote resulting in a number of signa-
tures which represent an absolute ma-
jority;

Considering that after the separate
computations of the signatures,
demonstrations and other acts have
proved the universal desire of the
Provinces of the States which were
formerly under the family of Este to
unite in an immediate union with the
Kingdom of Sardinia;

The Provisional Government, as
the representative of the same, carry-
ing out the expressed will of the above
mentioned provinces,

PROCLAIMS :

1. The Provinces of Modena, Reg-
gio, Guastalla, Frignano, etc., etc.,
etc., are immediately united to the
States of Sardinia and to whatever
other Italian Provinces may in future
be joined to those states, with the ob-

ITALIAN PLEBISCITES OF 1848

tituire un Regno costituzionale dall’-
Alta Italia, sotto la dinastia della
Casa di Savoia.

2. I deputati prescelti dalle rispet-
tive provincie sono incaricati di pre-
sentare a Sua Maestà Sarda il pre-
sente atto di unione.

3. Per ciò che riguarda gl'interessi
locali, ciascuna provincia nominerà la
propria Commissione per trattarne
parzialmente col Governo Sardo sulla
base dei voti spiegati nei proclami 3
maggio del comune di Reggio e 10
maggio del Municipio di Modena, e
per presentare i documenti tutti com-
provanti la suespressa volontà delle
singole provincie.

4. Con questo atto di unione non
s'intendono pregiudicati i diritti sulle
provincie segregatesi di fatto dallo
Stato già Estense, di cui facevano
parte.

Dalla residenza del Governo prov-
visorio, Modena, 29 maggio 1848.

Giuseppe MALMUSI, Presidente;
PERETTI, FERRARI, GIOVANNINI, G.
MINGHELLI, PIETRO DANERI.

Segretari: Piani — L. MIN-
GHELLI.

435

ject of establishing a Constitutional
Kingdom of Upper Italy, under the
dynasty of the House of Savoy.

2. The Deputies chosen by the re-
spective Provinces are charged to*pre-
sent to His Majesty of Sardinia the
present Act of Union.

3. As for local interests each prov-
ince shall nominate its own Commis-
sion in order to negotiate separately
with the Government of Sardinia on
the basis of the desires already ex-
pressed in the proclamations of the
third of May, by the Commune of
Reggio, and the tenth of May by the
Municipality of Modena, and to pre-
sent the documents, all proving the
above expressed wish of the separate
provinces.

4. This Act of Union is not intend-
ed to prejudice the rights of the
provinces which have actually with-
drawn from the State formerly be-
longing to the family of Este of which
they once were part.

The Residence of the Provisional
Government of Modena, May 29th,
1848.

GIUSEPPE MALMUSI, President;
PERETTI, FERRARI, GIOVANNINI, G.
MINGHELLI, PIETRO DANERI.

PrANNI— L. MINGHELLI, Secre-
taries.

436

Formal Act Embodying the Results of the Plebiscite of Reggio.

DOCUMENTS

May 30,

1848 1

DAVANTI A Dio ONNIPOTENTE

L'anno 1848 dell'Era volgare, indi-
zione Romana VI, questo giorno 30
del mese di maggio, e 71 della nostra
Libertà.

Caduta l’Austro-Estense domina-
zione in quel giorno, in cui gli Italiani
sorsero a vendicar l’indipendenza
della loro Nazione, la Città di Reggio
ritornata negli antichi suoi diritti,
avocò a sè la sovranità di questa Pro-
vincia coll'unito proclama del 22
marzo ultimo scorso, professando di
voler appartenere a quell’Italia, che fu
benedetta dalla parola di Pio, ed è
protetta dal brando del Magnanimo
Re Carlo Alberto.

Si resse da sè per alcuni giorni, po-
scia mandò suoi Rappresentanti in
Modena, per formarvi provvisoria-
mente un Governo Centrale, duraturo
finchè il Popolo avesse liberamente
scelta quella forma di Governo stabile,
che a lui fosse più in grado.

Non poteva essere dubbia la scelta
quando un Re valoroso, raccogliendo
intorno a sè l’armi italiane, discaccia
lo straniero dall'Italia per farne una
Nazione.

Onde ben presto il Municipio, cono-
scendo per prove indubitate che le
popolazioni di questa Provincia erano
impazienti di attendere la convoca-
zione di una Assemblea, e persuaso che
la volontà universale si manifestava
più direttamente e più liberalmente a

1 Le Assemblee, vol. 1, p. 489.

IN THE PRESENCE OF ALMIGHTY GoD

The year 1848 of the Christian
Era, Roman Indiction VI, this 30th
day of the month of May and the
71st of our Freedom.

The Austro-Este domination hav-
ing fallen on the day on which the
Italians rose to assert the independ-
ence of their Nation, the City of Reg-.
gio, having regained its ancient rights,
assumed the sovereignty over this
Province in the united Proclamation
of March 22 last, professing its de-
sire to belong to that Italy which was
blessed by the word of Pius and is
protected by the sword of the Mag-
nanimous King Carlo Alberto.

It governed itself for some days,
then sent its representatives to Mo-
dena, in order to form there provi-
sionally a Central Government, to last
until the people should have chosen
the form of stable government which
might best suit it.

There could be no doubt about the
choice when a valorous King, gather-
ing about him the Italian arms, ex-
pelled the foreigner from Italy in
order to make of her a Nation.

Wherefore very soon the Munic-
ipality, knowing from indubitable evi-
dence that the people of this Province
were too impatient to wait for the
convocation of an assembly, and be-
ing convinced that the universal will
would be manifested more directly

ITALIAN PLEBISCITES OF 1848

mezzo di separate soscrizioni, apri con
suo proclama del 3 corrente appositi
registri in tutta la Provincia presso le
Comunità ed i Parrochi per ricevere 1
voti dell’aggregamento di essa al
Regno costituzionale del Piemonte.

Mentre i registri si coprivano rego-
larmente in ogni dove di firme, pub-
bliche e solenni dimostrazioni del
Popolo in diversa maniera celebrate
nella Città e nei Comuni, come ne
prestano fede luminosa parecchi Atti
autentici esistenti presso il nostro Mu-
nicipio, e di cui fa cenno l'ufficiale
rapporto della Commissione Generale
istituita col citato proclama da inse-
rirsi in estratto, palesavano l’univer-
sale desiderio; e si innalzava il Ves-
sillo Italiano collo Scudo di Savoia.

Chiusi pertanto tutti i registri ri-
messi alla indicata Commissione, e da
quella unitamente al citato rapporto al
nostro Comune, ha questi immediata-
mente deliberato con partito del 26
cadente e con successivo manifesto,
che a perpetuità di memoria il risulta-
mento finale resti autenticato con Atto
pubblico e solenne.

Quindi è che da noi Dottori e
Notai Francesco Bagnoli, Francesco
Prandi ed Eugenio Pieroni, coll’inter-
vento delle infrascritte Autorità e
coll’assistenza di tutti i Corpi civili,
ecclesiastici e militari a tal uopo invi-
tati, non che alla presenza del Popolo
riunito in questo Tempio, si procede

437

and freely through separate signa-
tures, by its proclamation of the 3d
instant, opened suitable registers
throughout the Province, in the Com-
munes and Parishes, in order to re-
ceive the votes on the annexation of
the Province to the Constitutional
Kingdom of Piedmont.

While the registers were every-
where being duly filled with signa-
tures, public and solemn demonstra-
tions of the people held in various
ways in the Cities and Communes (as
clearly attested by several authentic
documents existing in our Municipal-
ity and which are mentioned in the
official report of the General Commis-
sion instituted by the aforesaid proc-
lamation, an extract of which will be
inserted) revealed the universal de-
sire, and the Italian Standard was
hoisted with the Arms of Savoy.

All the registers having been closed,
and transmitted to the aforemen-
tioned Commission, and transmitted
by the latter, together with the re-
port mentioned, to our Commune, the
latter immediately decided, by resolu-
tion of the 26th instant and subse-
quent manifesto, that the final result .
should be authenticated by a public
and solemn Act, for permanent rec-
ord.

Consequently we, Doctors and
Notaries Francesco Bagnoli, Fran-
cesco Prandi, and Eugenio Pieroni,
in conjunction with the undersigned
Authorities and with the assistance of
all the civil, ecclesiastical, and mili-
tary bodies invited for the purpose,
as well as in the presence of the Peo-

438

al confronto del rapporto suddetto coi
sovraindicati registri, che qui ne ven-
gono presentati dal signor Podestà del
Comune di Reggio cavaliere commen-
datore Luigi Corbelli Ferrari. E sic-
come da tale confronto emerge, che
l’operato della Commissione è regolare
e veridico in ogni e singola sua parte,
rimane irrefragabilmente constatato
quanto segue:

Ammontare del numero degli abi-
tanti della Provincia Reggiana

come dall’ inserto Atto Gov-

ernati ............... eversione: N. 192,643
Numero degli individui aventi li-

bero voto ..................... N. 36,814

Totale dei voti per l’aggregazione
al Regno costituzionale del Pie-
monte ........................ N. 29,851

D'onde evidentemente risulta che,
detratto il numero delle persone non
ammesse a dar voto, come le donne, i
minori, gli assenti, gl'infermi, non
minore certamente di tre quarti, il
desiderio per l'unione al Regno Costi-
tuzionale Subalpino è stato pressochè
universale ed unanime.

I Registri delle soscrizioni vengono
qui alla presenza del Popolo, per or-
dine del Comune, riposti e suggellati
in una cassa di piombo, che si con-
segna al signor Natale Romolotti per
depositarla e custodirla religiosamente
nell'Archivio secreto Municipale.

Questo stato di cose fu prima d’ora
rappresentato dal Consesso Comuni-
tativo al Governo Centrale, che facen-
dosi organo dei liberi voleri di questa
Provincia, ne ha proclamata la subita

DOCUMENTS

ple assembled in this Temple, proceed
to compare the aforesaid report with
the above-mentioned registers, which
are here presented to us by the Magis-
trate of the Commune of Reggio,
Knight Commander Luigi Corbelli
Ferrari. And as it appears from this
comparison that the work of the Com-
mission is regularly and truthfully
performed in all its parts, the follow-
ing facts are irrefutably verified:

Number of inhabitants of the Prov-
ince of Reggio, as per Government
Act inserted ...................... 192,643

Number of persons having the right
to vote
Total number of votes in favor of an-
nexation to the Constitutional King-
dom of Piedmont ................ 29,851

Whence it appears obvious that,
after subtracting the number of per-
sons not permitted to vote, such as
women, minor children, absentees,
and sick, which is certainly not less
than three-quarters, the desire for
union with the Constitutional Sub-
alpine Kingdom was well nigh uni-
versal and unanimous.

The registers of the signatures are
hereupon, in the presence of the Peo-
ple and by order of the Commune, re-
placed and sealed in a leaden box,
which is delivered to Mr. Natale
Romolotti in order to be deposited
and religiously preserved in the secret
Municipal Archives.

This state of things has been al-
ready presented by the Communal As-
sembly to the Central Government,
which, acting as the organ of the free
desires of this Province, proclaimed

ITALIAN PLEBISCITES OF 1848

unione al Regno Costituzionale del
Piemonte con Atto di ieri.

Le predette cose sono state fatte in
triplo originale e pubblicate in Reggio
nel Tempio della Beata Vergine della
Ghiara coll'intervento delle sotto-
scritte Autorità, e dei Capi dei Corpi
Morali, non che dei Signori Prospero
del fu Signor Dottore Gaetano Viani,
Luigi del fu signor Avvocato Giam-
battista Sforza, Molto Reverendo Don
Luigi del quondam Signor Giuseppe
Grasselli; Angelo del fu Signor Avvo-
cato Bartolomeo Manzotti, e Dottor
Fisico Antonio del fu signor Filippo
Gardini, tutti domicialiti in questa
Città, testimoni noti, idonei, ed aventi
i requisiti prescritti dalle vigenti leggi.

(Seguono le firme.)

439

the immediate union thereof with the
Constitutional Kingdom of Piedmont
by Act of yesterday.

The aforesaid documents were done
in triplicate and published at Reggio
in the Temple of the Blessed Virgin
of La Ghiara in the presence of the
undersigned Authorities and of the
Heads of the Moral Bodies, as well as
of Messrs. Prospero, son of the de-
ceased Doctor Gaetano Viani; Luigi,
son of the deceased Lawyer Giam-
battista Sforza; Right Reverend Don
Luigi, son of the late Mr. Giuseppe
Grasselli; Angelo, son of the deceased
Lawyer Bartolomeo Manzotti; and
Doctor Fisico Antonio, son of the de-
ceased Mr. Filippo Gardini, all domi-
ciled in this city, witnesses who are
known, competent, and filling the re-
quirements prescribed by the laws in
force.

(Signatures follow.)

Vote of the Sardinian Parliament Accepting the Votes of Modena and Reggio
and Uniting the Provinces to the Sardinian States. Law of June 13, 1848 *

Visto il risultamento della votazione
universale tenutasi negli Stati di Mo-
dena i di Reggio proclamato dal Gov-
erno centrale provvisorio di Modena,
e presentato a S. M. da una speciale
deputazione, secondo la quale vota-
zione è general voto di quelle popola-
zieni di riunirsi al nostro Stato;

Per assicurare a quelle nuove pro-
vincie il pronto godimento dei diritti
politici;

1 Le Assemblee, vol. 1, p. 496.

In view of the results of the uni-
versal vote held in the States of Mo-
dena and Reggio, proclaimed by the
Central Provisional Government of
Modena, and presented to His Maj-
esty by a special deputation, accord-
ing to which vote it is the general will
of the said people to unite with our
State;

In order to assure to these new
Provinces the prompt possession of
political rights:

440

ART. 1. Gli Stati di Modena e di
Reggio faranno parte integrante dello
Stato a cominciare dalla data della
presente legge.

Art. 2. Avranno immediato vi-
gore negli Stati medesimi lo Statuto
fondamentale del Regno e le leggi nos-
tre sulla Milizia nazionale, sulle Ele-
zioni politiche, e sulla Stampa.

ART. 3. È data facoltà al Governo
di provvedere in via d’urgenza con
semplici decreti reali ad una provvi-
soria esecuzione delle operazioni elet-
torali sulla base dell’analogia colla
legge elettorale vigente.

ART. 4. La linea di dogana esi-
stente tra il Ducato di Parma e quelli
di Reggio e Modena, come pure quella
tra il Ducato di Guastalla ed il Ducato
di Reggio e Modena verranno abolite.

Art. 5. La tariffa doganale sarda
in un colle variazioni alla medesima
fatte fino alla data del presente verrà
provvisoriamente posta in vigore nei
Ducati di Guastalla, Reggio e Modena.

DOCUMENTS

ARTICLE 1. The States of Modena
and of Reggio shall form an integral
part of the State, starting from the
date of the present law.

ART. 2. The Constitution of the
Kingdom and our laws regarding the
national militia, political elections
and the public press shall have imme-
diate force in the said States.

Art. 3. In cases of urgent neces-
sity the Government is empowered to
provide by simple royal decree for a
provisional execution of the electoral
measures on a basis analogous with
the electoral laws at present in force

ART. 4. The customs boundary
existing between the Duchy of Parma
and the Duchy of Reggio and Mo-
dena, as also that between the Duchy
of Guastalla, and the Duchy of Reg-
gio and Modena, shall be abolished.

ART. 5. The customs tariff ot
Sardinia, with the variations of the
same enacted yp to the present time,
shall be provisionally enforced in the
Duchies of Guastalla, of Reggio and
of Modena.

THE ITALIAN NATIONAL ASSEMBLIES OF 1859

TUSCANY

Preliminarses of Peace, Signed at Villafranca.

Entre Sa Majesté l’Empereur d’Au-
triche et Sa Majesté l'Empereur des
Francais il a été convenu ce qui suit:

Les deux Souverains favorisent la
création d’une Confédération Itali-
enne. Cette Confédération sera sous
la présidence honoraire du Saint Père.

L'Empereur d'Autriche cède à l’Em-
pereur des Français ses droits sur la
Lombardie, à l'exception des forte-
resses de Mantoue et de Peschiera, de
manière que la frontière des posses-
sions Autrichiennes partirait du rayon
extreme de la forteresse de Peschiera
et s'étendrait en ligne droite de long
du Mincio jusqu’à Legrazie, de lá à
Szarzarola et Lugano au Po, d’où les
frontières actuelles continueront à
former les limites de l'Autriche.

L'Empereur des Français remettra
les territoires cédées au Roi de Sar-
daigne.

La Vénétie fera partie de la Con-
federation Italienne, tout en restant
sous la Couronne de l’Empereur
d'Autriche.

Le Grand Duc de Toscane et le Duc

July 11, 1859 1

Between His Majesty, the Emperor
of Austria, and His Majesty, the Em-
peror of the French, the following
agreement has been concluded :

The two Sovereigns are in favor of
the creation of an Italian Confedera-
tion. This Confederation shall be
under the honorary presidency of the
Pope.

The Emperor of Austria cedes to
the Emperor of the French his rights
over Lombardy, with the exception of
the fortresses of Mantua and Pes-
chiera, in such a way that the frontier
of the Austrian possessions shall start
from the extreme of the fortress of
Peschiera and shall extend in a
straight line along the Mincio to Le-
grazie, from there to Szarzarola and
Lugano to Po, from which place the
present frontiers shall continue to
form the boundaries of Austria.

The Emperor of the French shall
deliver the ceded territories to the
King of Sardinia.

Venetia shall form a part of the
Italian Confederation, while remain-
ing under the Crown of the Emperor
of Austria.

The Grand Duke of Tuscany and

1 British and Foreign State Papers, val. 49, p. 93.

442

de Modène rentrent dans leurs Etats
en donnant une amnistie générale.

Les deux Empereurs demanderont
au Saint Père d'introduire dans ses
Etats des réformes indispensables.

Amnistie pleine et entiére est ac-
cordée de part et d’autre aux per-
sonnes compromises à l’occasion des
derniers événements dans les terri-
toires des partis belligérants.

Fait à Villafranca, le 11 jusllet
1859.

FRANÇOIS-JOSEPH.

DOCUMENTS

the Duke of Modena shall return to
their States, granting a general am-
nesty.

The two Emperors shall request the
Holy Father to introduce indispensa-
ble reforms into his States.

A full and complete amnesty is
granted by both sides to those persons
concerned in the recent events in the
territories of the belligerent parties.

Done at Villafranca, July 11, 1859.

FRANCIS JOSEPH.

Statement by Lord John Russell of the Attitude of the British Government
Regarding the Preliminaries of Villafranca *

Lord J. Russell to Earl Cowley.

My Lorp,

Foreign Office, August 16, 1859.

Whatever may be the view which, when the time arrives for a decision,
Her Majesty's Government may take of the question of a Congress or of a
Conference, there is one point on which they have a most decided opinion. . . .

The Treaty of Villafranca, as I have said, makes no provision for impos-
ing a Government by force upon Tuscany or Modena, supposing the people of
those Duchies to oppose the return of the Grand Duke of Tuscany and of the

Duke of Modena.

A provision for the employment of French or Austrian forces to put
down the clearly expressed will of the people in Central Italy, would, in the
opinion of Her Majesty’s Government, not be justifiable.

The people of Tuscany, for instance, have the right which belongs to the

people of every independent State, to regulate their own internal government.
To interfere by force with the exercise of that right would not be defensible
on any principle of public law.

Neither the safety nor the paramount interests of Austria are menaced
by the choice of a new Dynasty to reign over Tuscany. On the contrary, the
restoration of the Grand Duke of Tuscany, or the Duke of Modena, by foreign

1 British Parliamentary Papers, Affairs of Italy [2609], p. 51.

ITALIAN NATIONAL ASSEMBLIES OF 1859 443

forces, would be a return to that system of foreign interference which for
upwards of forty years has been the misfortune of Italy and the danger of
Europe.

It may be added, that for the last ten years, the same system has been a
cause of weakness and peril to Austria. It has afforded vantage-ground to
her enemies, and has alienated her friends.

Great Britain would, therefore, feel it to be her duty to protest against a
supplement to the Treaty of Villafranca of that nature, if any such were in
contemplation. |

She would equally protest against the practical application of foreign
force to carry into effect the vague Article of the Preliminaries of Villafranca.

But it may be contended that when this Article was signed, the Emperor
of Austria and the Emperor of the French contemplated the return of the
Grand Duke of Tuscany and Duke of Modena, with the consent and approba-
tion of the people of Tuscany and Modena. Taken in this sense Her Majesty's
Government have no objection to make to the return of the Archdukes.

Count Walewski having stated to your Excellency, as reported in your
despatch of the 3rd instant, that although the French Government could not
admit the doctrine of non-intervention as a general rule of policy, they were
prepared to adopt it in the present instance with regard to Italy; Her Maj-
esty's Government derive confidence in maintaining the views expressed in this
despatch, in the reflection that they are in accordance with the sentiments
entertained by the Emperor of the French.

I request your Excellency to read this despatch to Count Walewski, and
give him a copy of it. I am, &c.

(Signed) J. RUSSELL.

Decree of the Tuscan Government Reestablishing the Electoral Law af 1848
for the Purpose of Holding a General Election of an Assembly of Repre-
sentatives Competent to Pass a Legitimate Vote as to the Definitive Fate of
Tuscany. July 15, 1859!

IL GOVERNO DELLA THE GOVERNMENT OF
TOSCANA TUSCANY
Considerando che tra i pareri dati Considering that, amongst the

dalla Consulta al Governo avvi pur opinions formerly expressed to the
quello che debbasi attivare la legge Government by the Council, there is
eletorale del 3 marzo 1848 procedendo one to the effect that the Electoral

1Le Assemblee, vol. 5, p. 647. Translation from British Parliamentary Papers, Affairs
of Italy, 1860, vol. 68 [2609], p. 13.

444

alla formazione immediata delle liste
elettorali;

Considerando che tale parere ha per
iscopo di provvedere il paese di una
Assemblea di rappresentanti, la quale-
possa emettere un voto legittimo sulla
sorte definitiva della Toscana;

Considerando che le dichiarazioni
fatte da S. M. l'Imperatore Napoleone
III e quelle emesse nel Parlamento
inglese dai ministri della Regina, assi-
curano che si terrà conto dei voti
espressi nei modi legittimi dagl'itali-
ani;

Considerando che a questo solo
provvedimento non si arresta il Gov-
erno, il quale ha invitato e invierà
rappresentanti alle Corti di Europa
per far valere i bisogni e i diritti della
Toscana;

Considerando che tutto ciò reste-
rebbe inutile se non fosse religiosa-
mente conservato l’ordine pubblico,
poiché qualunque siasi perturbamento
scemerebbe l’importanza del voto da
emettersi, e ci toglierebbe l'assistenza,
sia per parte del Re Vittorio Eman-
uele, il quale non mancherà di fare
quanto potrà in favor nostro, sia per
parte degli altri potentati che non pos-
sono voler disgiungere l’assestamento
dell’Italia dalla pace europea;

DOCUMENTS

Law of the 9th of May, 1848, ought
to be recalled into vigour, with a view
to the immediate drawing up of the
Electoral Lists;

Considering that the object with
which this opinion has been given is
that of providing the country with an
Assembly of Representatives which
may be competent to pass a legitimate
vote as to the definitive fate of Tus-
cany;

Considering that the declarations
made by His Majesty the Emperor
Napoleon III, as well as those pro-
nounced in the English Parliament by
the Ministers of the Queen, give the
assurance that due weight will be at-
tached to the desires expressed in a
legitimate form by the Italians;

Considering that the Government
has not confined itself to the measure
in question alone, but has sent, or will
send, Representatives to the Courts of
Europe, in order to set forth the re-
quirements and advocate the rights of
Tuscany;

Considering that even these meas-
ures would be without effect unless
public order were religiously pre-
served, as any sort of disturbance
would detract from the authoritative
character of the vote to be pro-
nounced, and would deprive us, on the
one hand, of the support afforded to
us by King Victor Emanuel, who will
not fail to do his utmost to assist us;
and, on the other hand, of that of the
other potentates, who can not desire
to disconnect the settlement of Italy
from the question of the peace of
Europe;

ITALIAN NATIONAL ASSEMBLIES OF 1859

DECRETA:

Art. i. La legge elettorale del 3
maggio 1848 è applicata per la ele-
zione dei rappresentanti della Toscana
che devono emettere il voto sopra la
sorte futura dello Stato.

Art. 2. 1 prefetti procederanno
immediatamente a ordinare ai gon-
falonieri di formare senza ritardo le
liste elettorali.

Art. 3. Un successivo decreto
stabilirà tutto ciò che riguarda 1 ter-
mini e le norme per una sollecita for-
mazione delle liste elettorali.

Art. 4. Il ministri dell’interno è
incaricato della esecuzione del presente
decreto.

Dato li quindici luglio millottocen-
to-cinquantanove

Il commissario straordinario
C. Bon-CoMPAGNI
Il ministro dell'interno
B. RICASOLI
V°. Per l’apposizione del sigillo:
Il ministro di giustizia e grazia
(L.S.) E. Poccı

445

DECREES :

ARTICLE 1. The Electoral Law of
the 3rd of May, 1848, is to be applied
to the election of the Representatives
who are to pronounce, by a vote, upon
the future destiny of Tuscany.

ART. 2. The Prefects will at once
give orders to the “ Gonfalonieri ”
(Mayors), to draw up the Electoral
Lists without delay.

ART. 3. A Decree, to be published
hereafter, will regulate everything
concerning the conditions and bases
on which the Electoral Lists are to be
immediately drawn up.

Art. 4. The Minister of the In-
terior is charged with the execution
of the present Decree.

Given this 15th day of July, 1859.

Commissioner Extraordinary,
C. Bon-CoMPAGNI.
Minister of the Interior,
B. RICASOLI.
Countersigned and Sealed :
Minister of Justice and Grace,
(L.S.) E. Poccı.

Second Decree of the Tuscan Government Fixing Further Details of the

Election.

IL GOVERNO DELLA TOS-
CANA —

Visto il Decreto del 15 Luglio cor-
rente che ordina l’attivazione delle
Legge del 3 Marzo, 1848: ?

July 16, 1859 1

THE GOVERNMENT OF
TUSCANY —

In view of the Decree of the 15th
of July instant, which orders that the
Law of the 3rd of March, 1848, shall
be recalled into activity;

1 British Parliamentary Papers, Affairs of Italy [2609], pp. 5 and 33.
2 The electoral law of March 3, 1848, had based the electoral qualifications on property

446

Considerando che l'urgenza di con-
vocare 1'Assemblea dei Rappresentanti
obblighi ad abbreviare i termini asseg-
nati dalla Legge del 3 Marzo, 1848,
per la formazione delle Liste Eletto-
rali, ed a fare alcune variazioni e dis-
posizioni volute dalle specialità del
presente stato delle cose; —

DECRETA :

ArticoLo 1. S'intende attivato,
con la Legge del 3 Marzo, 1848, anco
il Decreto del 26 Aprile dell'anno
stesso.

Art. 2. Il Gonfaloniere che pre-
siede il Collegio Elettorale ai termini
dell’Articolo 53 della precitata Legge
del 3 Marzo, esercita il diritto di Elet-
tore nel Collegio stesso.

ART. 3. Entro otto giorni dal pre-
sente Decreto, i Gonfalonieri avranno
formato le Liste Elettorali nei modi
prescritti dell’Articolo 14 all’Articolo
20 della Legge predetta.

ART. 4. Il possessore di beni sta-
bili che potrà esercitare il diritto elet-
torale in un luogo diversa da quello
della sua dimora, dovrà rimettere una
dichiarazione in scritto alla Cancel-
leria della Comunità ove intende dare
il suo voto, ed un’altra simile alla

or education. An income of over 300 lira,

DOCUMENTS

Considering that the necessity of
immediately convoking the Assembly
of Representatives renders it indis-
pensable that the term fixed by the
Law of the 3rd of March, 1848, for
the making out of the Electoral Lists
should be curtailed, and that some
changes and provisions required by
the present peculiar state of affairs
should be made;

DECREES :

ARTICLE 1. It is to be understood
that with the Law of the 3rd of
March, 1848, the Decree of the 26th
of April of the same year is likewise
recalled into activity.

ART. 2. The“ Gonfaloniere ” who,
according to the provisions of Article
53 of the above-named Law of the
3rd of March, presides over the Elec-
toral College, will also exercise the
rights of an elector in that College.

ART. 3. Within eight days from
(the date of) the present Decree the
‘“ Gonfalonieri” will prepare the
Electoral Lists in the manner pre-
scribed by Articles 14 to 20 of the
above-mentioned Law.

Art. 4. The proprietor of real
estate, who exercises his rights as a
voter in a different locality from that
in which he resides, must within six
days from the publication of this De-
cree, address a declaration in writing
to the Chancery of the Commune in

later cut in half, or status as a professor,

magistrate, priest, attorney, notary, doctor, surgeon, military official, wholesale merchant or
manufacturer, or public functionary of rank (excepting police officials), was necessary. The
deputies were eligible from the same classes. Zobi, Storia Civile della Toscana, vol. 5,

p. 752 and note.

ITALIAN NATIONAL ASSEMBLIES OF 1859

Cancelleria della Comunita ove ha la
sua dimora, entro sei giorni dal di
della pubblicazione del presente De-
creto; resta fermo in ogni rimanente
il disposto del Articolo 12 del Legge
Elettorale.

ArT. 5. Le Liste appena compilate
saranno trasmesse al Prefetto del
Compartimento, o al Sotto-Prefetto
del rispettivo Circondario, nel termine
di due giorni, con le osservazioni dei
respettivi Gonfalonieri.

Art. 6. Entro quattro giorni 1
Preffeti e Sotto-Prefetti procederanno
alla generale revisione delle Liste a
loro trasmesse ai termini del Articolo
21 della detta Legge.

ART. 7. I Prefetti e Sotto-Pre-
fetti, compita tale revisione in detto
termine, manderanno immediatamente
le Liste purificate e corrette ai Gon-
falonieri perchè esse siano affisse alia
porta degli Uffizi Comunitativi, a
norma e per gli effetti voluti dagli Ar-
ticoli 23 e 24 della Legge Elettorale.

Art. 8. Entro tre giorni dall’af-
fissione delle Liste avrà diritto a ricor-
rere al Consiglio di Prefettura e di
Sotto-Prefettura chiunque ne fosse
stato escluso indebitamente, o inscritto
inesattamente; e il Consiglio di Pre-
fettura e di Sotto-Prefettura deciderà
nel termine di tre giorni dalla presen-
tazione del ricorso.

A quest’ effetto speciale sarà for-
mato in ogni Circondario di Sotto-
Prefettura un Consiglio composto del

447

which he intends to vote, and a simi-
lar declaration to the Chancery of the
Commune in which he has his resi-
dence. In every other respect, the
provisions of Article 12 of the Elec-
toral Law remain unaltered.

Art. 5. When the lists are made
out, they are to be transmitted within
two days to the Prefect of the De-
partment or to the Sub-Prefect of the
district, accompanied by the observa-
tions of the respective ‘ Gonfalo-
nieri.”

ART. 6. Within four days the
Prefects and Sub-Prefects will make
a general revision of the lists which
will have been sent to them, in con-
formity with the provisions of Article
21 of the said Law.

ArT. 7. This revision being com-
pleted within the period fixed, the
Prefects and Sub-Prefects will imme-
diately send back the amended and
corrected lists to the “ Gonfalonieri,”
in order that they may be posted on
the door of the Communal Office, in
accordance with and for the objects
intended by Articles 23 and 24 of the
Electoral Law.

ART. 8. Within three days from
the posting up of the lists, any person
whose name may have been improp-
erly excluded or inserted incorrectly,
shall have the right of appealing to
the Council of the Prefecture or Sub-
Prefecture; and the said Council of
Prefecture or Sub-Prefecture shall
pronounce a decision within three
days from the presentation of the ap-
peal. For this special purpose there
shall be created in each Sub-Prefect's

448

Sotto-Prefetto, del Pretore, e del
Delegato del luogo di residenza del
Sotto-Prefetto.

"Art. 9. Le decisioni dei Consigli
di Prefettura o di Sotto-Prefettura
saranno immediatamente affisse alla
porta delle Prefettura o Sotto-Prefet-
tura; e tale affissione terrà luogo di
notificazione.

Art. 10. I Giudizj del Consiglio
di Prefettura e di Sotto-Prefettura
sono appellabili ai Tribunali di Prima
Istanza del luogo ove risiendono i
detti Consigli.

ART. 11. l'appello dovrà esser
fatto dentro due giorni accompagnato
dai documenti giustificativi e dovrà
essere notificato dentro tre giorni tanto
al Prefetto, o Sotto-Prefetto, quanto
alla parte interessata.

ART. 12. La sentenza del Tribu-
nale di Prima Istanza terrà luogo di
biglietto personale per essere ammesso
alla votazione, secondo l’Articolo 47
della precitata Legge.

ART. 13. Due giorni dopo la spi-
razione del termine a pronunziare sui
ricorsi il Prefetto e Sotto-Prefetto in-
vieranno ai respettivi Gonfalonieri la
nota dei nomi da aggiungersi o correg-
gersi nelle Liste Elettorali: dei quali
nomi il Gonfaloniere formerà e affig-
getà dentro due giorni una Lista sup-
plementaria.

DOCUMENTS

District, a Council composed of the
Sub-Prefect, the “ Pretore,” and the
Police Delegate of the town in which
the Sub-Prefect resides.

ART. 9. The decisions of the
Council of Prefecture or Sub-Pre-
fecture shall be immediately posted
against the door of the Prefect's or
Sub-Prefect's office; and this mode of
publication shall take the place of a
personal notification.

Art. 10. The decisions of the
Councils of Prefecture or Sub-Pre-
fecture may be appealed against be-
fore the Tribunal of First Instance of
the place where the said Councils are
established.

ART. 11. The appeal must be
made within two days, and be accom-
panied by documentary proof; and
notification of the appeal must be
made within three days to the Pre-
fect as well as to the Sub-Prefect, and
to the party concerned.

Art. 12. The decision of the
Tribunal of First Instance shall be
accepted, in place of the personal
ticket, as proof of a right to vote, in
conformity with the provisions of
Article 47 of the above-mentioned
Law.

Art. 13. Two days after the ex-
piration of the term within which the
appeals are to be decided, the Prefect
or Sub-Prefect will send to the “ Gon-
faloniere ” a note of the names which
are to be added or corrected in the
Electoral Lists. A supplementary
list comprising these names will be
made out by the ‘“ Gonfaloniere,” and
posted up within two days.

ITALIAN NATIONAL ASSEMBLIES OF 1859

Art. 14. Gli Articoli della Elet-
torale sono abrogati nelle parti in cul
siano contrarj al presente Decreto.

Art. 15. I Ministri dell'Interno e
della Giustizia e Grazia sono incari-
cati della esecuzione del presente De-
creto.

Dato in Firenze, il 16 Luglio, 1859.

Il Commissario Straordinario
(Firmato) C. Bon-CoMPAGNI
Il Ministro dell Interno
(Firmato) B. RICASOLI.
Visto per l’apposizione del sigillo.
Il Ministro di Giustizia e Grazia,
(L. S.) E. Pocat.

449

ART. 14. That portion of the dif-
ferent Articles of the Electoral Law
which may be in contradiction with

. the present Decree is hereby abro-

gated.

ART. 15. The Ministers of the In-
terior, and of Justice and Grace, are
charged with the execution of the
present Decree.

Given at Florence, the 16th of July,
1859.

Commissioner Extraordinary,

(Signed) C. Bon-CoMPAGNI.
Minister of the Interior,

(Countersigned) B. RıcasoLı.

Countersigned and Sealed:
Minister of Justice and Grace,

(L.S.) E. Poccı.

Dispatches of Lord John Russell to the British Minister at Florence Concern-
ing the Tuscan Assembly !

Lord J. Russell to Mr. Corbett

SIR,

Foreign Office, July 19, 1859.

WITH reference to your first despatch of the 12th of July, I have to state
to you that it is much to be desired that a Representative Assembly should be
convoked in Fuscany, in order that the wishes of the people in favour of the
autonomy of that country may be regularly and freely expressed.

I am, &c.

(Extract)

(Signed) J. RUSSELL.

Foreign Office, July 28, 1859.

I HAVE to instruct you to take an opportunity of observing, though not
officially, to the Minister for Foreign Affairs of the Provisional Government,
that attempts to repress a free declaration of opinion on a matter of such vital
interest as the future government of the country are unjust and illiberal.

1 British Parliamentary Papers, Affairs of Italy [2609], pp. 5 and 33.

450

Convocation of the Electoral Constituencies.

IL GOVERNO DELLA
TOSCANA

DECRETA:

I collegi elettorali sono convocati
per la mattina del dì 7 agosto prossimo
per la elezione dei rappresentanti della
Toscana.

Il ministro dell'interno è incaricato
della esecuzione del presente decreto.

Dato in ventinove luglio mille otto-
cento cinquantanove.

Bon-CompPacnI. DB. RICASOLI.

DOCUMENTS

July 29, 1859

THE GOVERNMENT OF
TUSCANY

DECREES:

That the electoral constituencies
shall be convoked for the morning of
the 7th of August next, for the elec-
tion of representatives of Tuscany.

The Minister of the Interior is
charged with the execution of the
present decree.

Done on the 29th day of July, 1859.

Bon-CoMPAGNI, B. RICASOLI.

The Royal Commissioner Resigns His Functions to the Council of Ministers.
August 1, 1859 2

IL REGIO COMMISSARIO
STRAORDINARIO IN
TOSCANA

Considerando che l’ordinamento
politico attuale della Toscana si fonda
sulla volontà popolare e sulla neces-
sità politica;

Che il Re Vittorio Emanuele, pro-
tettore della Toscana durante la
guerra, sarebbe stato in diritto di con-
servare questa qualità finchè la pace
non fosse definitivamente stabilita, con
che avrebbe aderito alle richieste della
Consulta di Stato;

Che gravi considerazioni di con-
venienza politica avendolo impedito
di aderire a queste richieste diveniva

ı Le Assemblee, vol. 5, p. 650.
2 Ibid., p. 652.

THE ROYAL COMMISSIONER
EXTRAORDINARY IN
TUSCANY

Whereas the present political or-
ganization of Tuscany is based on the
will of the people and on political ex-
igency ;

Whereas King Victor Emanuel,
protector of Tuscany during the war,
would have been entitled to retain this
title until peace had been definitively
concluded, to which he had consented
at the request of the Council of State;

Whereas grave considerations of
political expediency having prevented
adherence to this request, it became

ITALIAN NATIONAL ASSEMBLIES OF 1859

necessario che Egli provvedesse in
modo che al cessare del protettorato
la Toscana non rimanesse senza
Governo ;

Che perciò con lettera del 21 luglio,
di cui fu trasmessa copia autentica alla
Consulta di Stato, il Re Vittorio
Emanuele per mezzo del suo ministro
degli affari esteri prescriveva al suo
Commissario quanto segue: “ Ella
rassegnerà la Cosa Pubblica in mano
di una o più persone aventi la fiducia
oubblica; cosicchè cessando la pro-
tezione del Governo di S. M., le sorti
del Paese rimangano affidate ai natu-
rali suoi difensori”;

Che a cospetto di questa condizione
di cose e del comando del Re, il Com-
missario non può a meno di dichiarare
a chi debba passare il Governo dello
Stato nell’atto in cui cessano i suoi
poteri;

Che per rendere la mutazione meno
sensibile, è opportuno che il Governo
risieda nel Consiglio dei ministri, che
ha coadiuvato finora il Regio Com-
missario col consiglio e colla coopera-
zione;

DECRETA:

ART. 1. I poteri del Regio Com-
missario passano nel Consiglio dei
ministri, il quale li esercita a nome
del popolo toscano.

ART. 2. Il Presidente del Con-
siglio dei ministri appone la propria
firma nei decreti ed atti del Governo.
Nei decreti che concernono al suo di-

451

necessary for him to take steps so that
Tuscany might not remain without
government upon relinquishment of
the protectorate;

Whereas, therefore, by letter of
July 21, of which an authentic dupli-
cate was transmitted to the Council
of State, King Victor Emanuel
through his Minister of Foreign Af-
fairs prescribed the following to his
Commissioner : “ You shall hand over
your powers into the hands of one or
more persons enjoying public confi-
dence, so that with the protection of
the Government of His Majesty com-
ing to an end, the fate of the country
will remain intrusted to its natural de-
fenders ”;

Whereas in view of this state of af-
fairs and of the order of the King,
the Commissioner can not do less than
declare to whom the Government of
the State must pass upon his resigning
his powers;

Whereas in order to make the
change more effective, it is expedient
that the Government should rest in
the Council of Ministers, who have
hitherto given aid and counsel to the
Royal Commissioner;

DECREES :

ARTICLE 1. The powers of the
Royal Commissioner are hereby as-
signed to the Council of Ministers,
who shall exercise them on behalf of
the Tuscan people.

ART. 2. The President of the
Council of Ministers shall affix his
own signature to the decrees and acts
of the Government. The counter

452

partimento apporra la controfirma un
altro ministro.

Art. 3. La Consulta di Stato con-
serva tutte le attribuzioni.

ART. 4. La segretaria generale
del Commissariato prende la denomi-
nazione di segretaria generale del
Governo, e passa sotto gli ordini del
presidente del Consiglio.

Dato in Firenze il primo agosto
milleottocentocinquantanove.
Il Commissario straordinario
C. Bon-CoMPAGNI.
Il segretario generale
CELESTINO BIANCHI.

Ricasoli Is Appointed President of the Council.

IL REGIO COMMISSARIO
STRAORDINARIO IN
TOSCANA

Visto il decreto di questo medisimo
giorno col quale i poteri del Regio
Commissario si trasmettono al Con-
siglio dei ministri,

DECRETA:

Il Barone Bettino Ricasoli, minis-
tro dell’interno, è nominato presidente
del Consiglio dei ministri ritenendo
però il portafoglio dell’interno.

Dato in Firenze questo di primo
agosto milleottocentocinquantanove
Il Commissario Straordinario
C. Bon-CoMPAGNI.
Il segretario generale
CELESTINO BIANCHI.

DOCUMENTS

signature of another Minister shall
appear on the decrees which concern
his department.
ART. 3. The functions of the
Council ‘of State remain unchanged.
ART. 4. The office of Secretary
General to the Commissioner takes
the name of office of the Secretary
General of the Government and be-
comes subject to the orders of the
President of the Council.
Done at Florence, the first of Au-
gust, eighteen hundred and fifty-nine,
The Commissioner Extraordinary,
C. Bon-CoMPAGNI.
The General Secretary,
CELESTINO BIANCHI.

August 1, 1859

| THE ROYAL COMMISSIONER

EXTRAORDINARY IN
TUSCANY

In view of the decree of this same
day with which the powers of the
Royal Commissioner are transmitted
to the Council of Ministers,

DECREES :

That Baron Bettino Ricasoli, Min-
ister of Internal Affairs, is appointed
President of the Council of Ministers,
retaining, nevertheless, the portfolio
of the Interior.

Florence, this first day of August,
1859.

Commissioner Extraordimary,

C. Bon-CoMPAGNI.

General Secretary,

CELESTINO BIANCHI.

ITALIAN NATIONAL ASSEMBLIES OF 1859

453

Decree Fixing Conditions of Eligibility of Deputies. August 2, 1859 1

IL GOVERNO DI TOSCANA
Visto l’articolo 84 della legge elet-
torale dei 3 marzo 1848;

DECRETA:

Art. 1. Il presidente di ogni col-
legio ellectorale avvertirà gli elet-
tori;

1° che essi devono eleggere due
rappresentanti per l’unico effetto di
esprimere 1 voti legittimi della popo-
lazione toscana intorno alle sue sorti
definitive;

2° che essi li possono eleggere tra
tutti quelli che hanno titolo ad essere
elettori dei diversi Collegi del Dis-
tretto elettorale;

3° che essi li devono eleggere tra
gli elettori che hanno l’età di 30 anni
compiuti.

ART. 2. Un esemplare del pre-
sente Decreto rimarrà affisso nel locale
delle adunanze elettorali per tutto il
tempo delle elezioni.

ART. 3. Il ministro dell'interno è
incaricato dell'esecuzione del presente
decreto.

Dato il 2 agosto 1859.

Il presidente del Consiglio des mi-
nistri e Ministro dell'interno

B. RICASOLI.

Il ministro della pubblica istruzione

C. RIDOLFI.

1 Le Assemblee, vol. 5, p. 653.

THE GOVERNMENT OF
TUSCANY

In view of Article 84 of the elec-
toral law of March 3, 1848;

DECREES :

ARTICLE l. The president of
every electoral constituency shall no-
tify the voters:

1. That they must select two repre-
sentatives for the sole purpose of ex-
pressing the legitimate wishes of the
Tuscan people as regards their final
condition;

2. That they may select them from
among all those who are entitled to
vote in the several constituencies of
the electoral district;

3. That they must select them
from among voters who have reached
the age of thirty.

ART. 2. A copy of this decree
shall remain posted at the voting
places throughout the duration of the
elections.

ArT. 3. The Minister of the In-
terior is charged with the execution
of this decree.

Dated, August 2, 1859.

The President of the Council of
Ministers and Minister of the Interior,

B. RICASOLI.

The Minister of Public Instruction,

C. RIDOLFI.

454

DOCUMENTS

Proclamation of the Ministry Concerning the Approaching Elections.
August 4, 1859 !

Toscanı!

Le imminenti elezioni chiamano i
toscani all’esercizio della piú alta pre-
rogativa che abbia un cittadino in
paese libero; lo statuire sui destini
della patria. Il Governo ebbe con-
forti autorevoli per aprire alla Tos-
cana questa via di salute; e se l'Eu-
ropa non vuol macchiare la pace con
opere di violenza, e perpetuare in
Italia le cause delle rivoluzioni, pos-
siamo augurarci che sarà dato ascolto
ai nostri voti.

Alle accuse maligne di anarchia e
di violenza di parti, rispondano
dunque i toscani con una elezione or-
dinata e tranquilla, e con un fermo
e concorde volere: e sarà questa una
vittoria civile, la quale avrà merito
al pari di quelle riportate sui campi
di battaglia. Non siano indarno gli
esempi dei nostri maggiori, che sep-
pero col senno, colla parola, col san-
gue fortissimamente propugnare la
indipendenza e la libertà della patria.
Il Governo riposa sicuro sul senno dei
toscani; e confida che le prossime
elezioni porgeranno a Napoleone Im-
peratore un valido argomento per
adempiere i suoi benevoli intendi-
menti verso l’Italia.

L'Europa desidera la pace; ma pace
non avrà l’Europa se i leggittimi voti
ordinatamente espressi dagl’italiani
non saranno rispettati, ne vorrà 1'Eu-

1 Le Assemblee, vol. 5, p. 655

Tuscans!

The impending elections call Tus-
cans to exercise the highest preroga-
tive that belongs to a citizen in a
free country: that of deciding the
future of the motherland. The Gov-
ernment had due justification in open-
ing to Tuscany this way to salvation;
and if Europe does not want to sully
peace with acts of violence and to per-
petuate in Italy the cause of revolu-
tions, we may augur that our votes
will be heeded.

To malicious accusations of an-
archy and violence of parties, the
Tuscans will therefore reply by an
orderly and peaceful election and by
a firm and unanimous will, and that
election will be a civil victory that will
equal in merit those won on the bat-
tlefield. Let the examples of our bet-
ters, who have known how to defend
with energy the independence and
freedom of the motherland with their
knowledge, speech, and blood, not be
in vain. The Government has faith
in the judgment of the Tuscans and
is confident that the forthcoming elec-
tions will offer to the Emperor Na-
poleon a valid argument to fulfill his
benevolent intentions toward Italy.

Europe desires peace; but Europe
will not have peace if the legitimate
wishes regularly expressed by the
Italians are not respected, nor will

ITALIAN NATIONAL ASSEMBLIES OF 1859

ropa che questa sua elettissima parte,
anzichè strumento possente della feli-
cità universale, sia minaccia continua
e perpetuo pericolo.

Firenze, li 4 agosto 1859.
Il presidente del Consiglio dei
ministri ministro dell'interno
B. RICASOLI.
Il ministro della pubblica instru-
stone ministro interino degli affari
esteri
C. RIDOLFI.
Il ministro di giustizia e grazia
E. Pocci.
Il ministro delle finanze, del com-
mercio e dei lavori pubblici
R. Busacca.
Il ministro degli affari ecclesiastici

V. SALVAGNOLI.
Il ministro reggente della guerra
P. A. DE Cavero.
Il segretario generale del governo
della Toscana
CELESTINO BIANCHI.

Decree of Convocation of the

IL GOVERNO DELLA
TOSCANA

DECRETA:

ART. 1. L’Assemblea dei rappre-
sentanti è convocata in Firenze per il
giorno undici del corrente mese.

ART. 2. Questa Assemblea ha per
oggetto di esprimere i voti leggitimi

1Le Assemblee, vol. 5, p. 656.

455

Europe wish that this most valuable
portion of it, instead of being a pow-
erful instrument of universal happi-
ness, should be a continual menace and
a perpetual danger.
Florence, August 4, 1859.
The President of the Council of
Ministers, Minister of the Interior,
B. RICASOLI.
The Minister of Public Instruction,
Minister of Foreign Affairs ad 1n-
terim,
C. RIDOLFI.
The Minister of Justice and Grace,
E. Poccı.
The Minister of Finance, Com-
merce and Public Works,
R. Busacca.
The Minister of Ecclesiastical Af-
fairs,
V. SALVAGNOLI.
The Acting Mintster of War,
| P. A. DE Cavero.
The Secretary General of the Tus-
can Government, |
CELESTINO BIANCHI.

Assembly. August 7, 1859!
THE GOVERNMENT OF
TUSCANY

DECREES :

ARTICLE 1. The Assembly of
Representatives shall meet in Florence
on the 11th day of the current month.

ART. 2. The purpose of this As-
sembly is to express the legitimate

456 DOCUMENTS

della popolazione toscana intorno alle
sue sorti definitive.

ART. 3. Il ministro dell'interno è
incaricato della esecuzione del presente
decreto.

Dato in Firenze l sette agosto
milleottocentocinquantanove.

Il presidente del consiglio dei minis-
tri e ministro dell'interno

B. RICASOLI.
Il ministro della pubblica istruzione
C. RIDOLFI.

wishes of the Tuscan people as re-
gards their final destiny.

ART. 3. The Minister of the In-
terior is charged with the execution
of this decree.

Done at Florence, August seventh,
cighteen hundred and fifty-nine.

The President of the Council of
Ministers and Minister of the Interior,

B. RICASOLI.

The Minister of Piglic Instruction,

C. RIDOLFI.

Dispatch from Lord John Russell to the British Minister at Turin?

Lord J. Russell to Sir J. Hudson

SIR,

Foreign Office, August 10, 1859.

I have to instruct you to acquaint General Dabormida that Her Majesty’s

Government have learned with satisfaction, from the report contained in your
despatch of the 4th instant, that it was the intention of Sardinia, in recalling
her Commissioner from Florence, to leave Tuscany wholly unfettered as to
her future political condition and choice; . . .
I am, &c.
(Signed) J. RUSSELL.

Dispatch from the British Minister at Florence to Lord John Russell Com-
menting on the Election?

Mr. Corbett to Lord J. Russell

Florence, August 10, 1859.
My Lorp,
THE elections of members to sit in the Tuscan Assembly have been car-
ried on throughout the country with the greatest order and regularity.
A very large majority of those entitled to vote have taken part in the elec-
tion, probably as many as three-fourths of the whole body, in spite of the

1 British Parliamentary Papers, Affairs of Italy [2609], p. 44.
2 Ibid., p. 54.

ITALIAN NATIONAL ASSEMBLIES OF 1859 457

efforts of the priests, especially in the country districts, to persuade them to
abstain from voting. In Florence, out of 5,700 electors, 3,200 voted; and
in the districts immediately adjacent to the capital, out of 1,000 voters, 890
voted. Of the priests in Florence, of whotn there are about 1,200, the greater
part of whom are entitled to votes, only 15 went to the poll, which may be
accounted for by the discountenance shown by the Archbishop of Florence
to the elections. Four priests, however, have been elected in other districts.

In the list of members returned are to be found the names of most of those
most eminent in Tuscany by birth, and of those who have distinguished them-
selves in literary, scientific, and industrial pursuits.

As a proof of the desire shown in some quarters to choose men of moderate
views and opinions, I may mention that Signor Guerrazzi has been rejected
by three Electoral Colleges to which he presented himself for election, as hold-
ing opinions of too extreme a tendency, and he has not been elected at all.

The Government are well satisfied with the result of the elections, and
declare that the wishes which may be expressed by such a body of men, regu-
larly elected, must carry great weight abroad, and that it will be impossible
to reproach it with not being the true expression of the opinions and senti-
ments of the whole of Tuscany.

I have, &c.
(Signed) Epwin CORBETT.

Vote of the National Assembly of Tuscany Dethroning the House of Austro-

Lorraine.

Considerando che gli avvenimenti
di più anni, e i fatti maturati in
questi ultimi mesi hanno dimostrato
ad evidenza quanto sia fortemente ed
evidentemente radicato nei toscani il
sentimento della nazionalità italiana,
ed il proposito di costituirla, e di as-
sicurarla ;

Considerando che questi sentimenti
e questi propositi dimostrati per
tanti modi e particolarmente coll'-
accorrere dei volontari alla guerra
dell'indipendenza, si sono manifestati

August 16, 1859 1

Considering that the events which
have been prepared for several years,
and matured for many months, have
plainly demonstrated how deeply-
rooted is the sentiment and love of
Italian nationality, and the intention
of establishing and maintaining it in
the Tuscan people;

Considering that these sentiments
and intentions have been manifested
with extraordinary concurrence and
admirable unanimity in the election
of deputies for the Assembly, wher-

1 From the minutes of the Assembly. Le Assemblee, vol. 5, p. 686. This vote was by

secret ballot and unanimous.

Italy, 1860, vol. 68 [2609], p. 60.

Translation from British Parliamentary Papers, Affairs of

458

con straordinario concorso e con mira-
bile unanimità anche nella elezione dei
deputati all’Assemblea, chiamati do-
vunque in conformitá di questo prin-
cipio;

Considerando che tuttociò è stato
fatto, e si mantiene senza la minima
turbazione dell’ordine pubblico, e che
la ferma volontà di conservarlo è nell’-
animo di tutti;

Considerando che la Casa austro-
lorenese imposta già dalla forza,
benché poi stata un tempo benemerita
per le riforme operate da alcuno dei
suoi principi, abbia volontariamente
spezzati 1 vincoli che la legavano alla
Toscana e dopo la restaurazione del
12 aprile 1849 sottoposto il paese all’-
onta e al danno della occupazione
straniera, abbia con suoi atti e colle
sue dichiarazioni indotto negli animi
la certezza, che dove anche pro-
fessasse ella di ristabilire lo Statuto
fondamentale che aboli e di accettare
la bandiera tricolore italiana che aper-
tamente osteggiò, ella non potendo
mai legare le sue sorti alla causa na-
zionale non può nemmeno procurarsi
la fiducia dei toscani, nè ottenere
quella morale autorità che è fonda-
mento necessario di ogni Governo.

L'ASSEMBLEA

Dichiara che la Dinastia austro-
lorenese, la quale nel 27 aprile 1859
abbandonava la Toscana senza ivi las-
ciare forma di Governo, e riparava
nel campo nemico, si è resa assoluta-
mente incompatibile con l’ordine e la

DOCUMENTS

ever named in conformity with this
principle;

Considering that all this has been
done and is maintained without the
slightest disturbance of public order,
and that the predominant idea, even
in the lowest classes of society, is that
of maintaining it;

Considering that the Austrian
House of ‘Lorraine, which was for-
merly held in estimation in Tuscany,
has voluntarily broken the bond
which united it to this country, and
has, since the restoration of April
12, 1849, by its acts and declara-
tions, induced the persuasion in men's
minds that, even should it profess to
reestablish the Constitution which
1t abolished, and to accept the Ital-
ian tricolor flag, which it has hitherto
openly repelled, it could neither, from
its inability to unite its destinies to
the national cause, procure the confi-
dence of the Tuscans, nor obtain that
moral authority which is the neces-
sary foundation of every Govern-
ment;

THE ASSEMBLY

Declares that the Dynasty of Lor-
raine, which on the 27th of April,
1859, voluntarily abandoned Tuscany,
without leaving any form of gov-
ernment in the country, and re-
paired to the enemy’s camp, has

ITALIAN NATIONAL ASSEMBLIES OF 1859 459

felicitá della Toscana.— Dichiara che
non vi è modo alcuno per cui tale Di-
nastia possa ristabilirsi e conservarsi
senza oltraggio alla dignità del Paese,
senza offesa ai sentimenti delle popo-
lazioni, senza costante e inevitabile
pericolo di vedere turbata incessante-
mente la pace pubblica, e senza danno
d'Italia.— Dichiara conseguentemente
non potersi nè richiamare, nè ricevere
la Dinastia austro-lorenese a regnare
di nuovo sulla Toscana.

thereby rendered itself totally incom-
patible with the order and happiness
of Tuscany; declares further, that it
knows no mode whereby such Dynas-
ty can be reestablished and main-
tained without offence to the senti-
ments of the people, without constant
and inevitable danger of seeing the
public peace continually disturbed,
and without injury to Italy. The As-
sembly, therefore, finally declares that
it can neither recall nor receive the
Dynasty of Lorraine to reign again
in Tuscany.

Vote of the National Assembly of Tuscany for Union with the Constitutional
Kingdom of Victor Emanuel. August 20, 1859!

Coerentemente alle considerazioni e
dichiarazioni espressi nella risolu-
zione dell'Assemblea del di 16 agosto
corrente, intorno alla dinastia austro-
lorenese, dovendo l'Assemblea me-
desima provvedere alle sorti future
del paese secondo i bisogni della na-
zionalità italiana, dichiara esser fermo
voto della Toscana di far parte di un
forte Regno costituzionale sotto lo
scettro del Re Vittorio Emanuele.

Confida che il prode e leale Re, il
quale tanto operò per l’Italia, e pro-
tesse con particolare benevolenza il
nostro paese, accoglierà questo voto.

Raccomanda la causa della Toscana
alla generosa protezione e all'alto

IN accordance with the considera-
tions and declarations expressed in
the resolution of the Assembly of the
16th August instant, with respect to
the Austrian Dynasty of Lorraine, the
Assembly, having to provide for the
future destiny of the country accord-
ing to the necessities of Italian na-
tionality, declares that it is the firm
desire of the Tuscans to form part of
a strong constitutional Kingdom, un-
der the sceptre of King Victor
Emanuel.

It trusts that the faithful and loyal
King who has done so much for Italy
and protected our country with pe-
culiar favor, will favorably receive
this destre.

It recommends the cause of Tus-
cany to the generous protection and

1Le Assemblee, vol. 5, p. 698. This vote was by secret ballot, and unanimotis, with two
abstentions. Translation from British Parliamentary Papers, Affairs of Italy, 1860, vol.

68 [2609], p. 84.

460

senno dell’imperatore Napoleone III,
magnanimo defensore dell’italiana in-
dipendenza.

Ripone speranza nella manifesta
simpatia dell’Inghilterra, e nella sa-
piente giustizia della Russia e della
Prussia.

Commette al Governo di procurare
l'adempimento di questo voto nei ne-
goziati che avranno luogo per l’ordi-
namento delle cose italiane, e di re-
ferire a suo tempo all'Assemblea.

DOCUMENTS

high wisdom of the Emperor Na-
poleon III, the magnanimous defend-
er of Italian independence.

It reposes confidence in the declared
sympathy of England, and in the wise
justice of Russia and Prussia.

It leaves it to the Government to
procure the fulfillment of this desire
in the negotiations which will take
place for the settlement of the affairs
of Italy, and to refer it in due time to
the Assembly.

Address of the Delegates of the Tuscan Assembly to the King of Sardinia,

Presenting the Vote for Union.

Oggi, 3 settembre a ore 4 pom. S.
M. sl Re Vittorio Emanuele II, cir-
condato dal Ministro e dagli Ufficiali
della R. Casa, ha ricevuto ufficialmente
a Torino i delegati dell’Assemblea
Toscana, i quali gli hanno presentato
il seguente indirizzo, con che il Go-
verno Toscano accompagnava 1 voti
dell Assemblea:

ALLA MAESTA DI VITTORIO
EMANUELE II

RE DI SARDEGNA

Maestà!

Un voto unanime dell’ Assemblea
nazionale, interprete fidele dei senti-
menti di tutto un popolo, ha solenne-
mente dichiarato esser volontà della
Toscana di far parte di un Regno

September 3, 1859 !

To-day, at 4 o'clock P.m., His
Majesty King Victor Emanuel II, sur-
rounded by the Ministry and Officers
of the Royal Household, officially re-
ceived at Turin the Delegates of the
Tuscan Assembly, who presented to
him the following Address, with
which the Tuscan Government accom-
pantéd the votes of the Assembly:

TO HIS MAJESTY VICTOR
EMANUEL,

KING OF SARDINIA

Y our Majesty,

A unanimous vote of the National
Assembly, the faithful interpreter of
the sentiments of a whole people, has
solemnly declared it to be the will of
Tuscany to form part of an Italian

1 Le Assemblee, vol. 5, p. 710. Translation from British Parliamentary Papers, Affairs of

Italy, 1860, vol. 68 [2609], p. 100.

ITALIAN NATIONAL ASSEMBLIES OF 1859

Italiano sotto lo scettro costituzionale
della Maesta Vostra.

Il Governo della Toscana, cui è
stato commesso d’implorare dalla
benevolenza di V. M. la favorevole
accoglienza di questo voto, ha accet-
tato l'altissimo ufficio con quella gioia
che dà l'adempimento di un gran do-
vere, quand'esso è in pari tempo la
soddisfazione di un lungo e ardentis-
simo desiderio.

Maestà! Se questo omaggio di
fiducia e di devozione del popolo tos-
cano non avesse altro scopo, nè do-
vesse avere altro effetto che quello di
procurare alla M. V. un ingrandi-
mento di Stato, noi potremmo dubi-
tare del successo delle nostre preg-
hiere; ma poichè il voto dell’ Assem-
blea toscana è ispirato dall'amore
dell’italiana nazionalità, ed ha in mira
la grandezza e la prosperità della pa-
tria comune, ci conforta la speranza
che il pensiero d’Italia prevarrà nel
generoso animo Vostro sopra ogni
altro pensiero, e che la M. V. si deg-
nerà far lieta la Toscana della Sua
Augusta adesione ai voti che con tanta
effusione di riconoscenza e di fede i
leggittimi rappresentanti di Lei hanno
espresso al cospetto del mondo.

Firenze, 31 agosto 1859.

RicasoLI -— RıpoLrı — Pocci —
SALVAGNOLI — Busacca — DE Ca-
vero — C. BIANCHI, segretario.

461

Kingdom under the Constitutional
sceptre of your Majesty.

The Government of Tuscany,
which has been charged with the of-
fice of imploring from the benevolence
of your Majesty the favourable recep-
tion of this wish, has accepted the
high office with that joy which accom-
panies the discharge of a great duty,
when it at the same time satisfies a
long-felt and most ardent desire.

Sire! if this homage of fidelity
and devotion of the Tuscan people
had no object, and would have no
other effect, than that of procuring
for your Majesty an extension of ter-
ritory, we might well doubt of the
success of our petition; but since the
vote of the Tuscan Assembly is in-
spired by the love of Italian national-
ity, and has in view the greatness and
prosperity of the common country, we
feel comforted by the hope that the
thought of Italy will prevail in your
generous mind above every other con-
sideration, and that your majesty will
deign to render Tuscany happy by
your august acceptance of the votes
which her legitimate Representatives
have expressed in the sight of the
world with so great an effusion of
gratitude and fidelity.

Florence, August 31, 1859.

RicasoLI, RıpoLrı, PoGGr, SAL-
VAGNOLI, Busacca, DE CAVERO, CE-
LESTINO BIANCHI, Secretary-General
of the Government of Tuscany.

462

DOCUMENTS |

Reply of the King

lo sono profondamente grato al
voto dell’ Assemblea della Toscana, di
cui voi siete gl'interpreti verso di me.
Ve ne ringrazio e meco ve ne ringra-
ziano miei popoli. Accolgo questo voto
come una manifestazione solenne della
volontà del popolo toscano che, nel
far cessare in quella terra, già madre
della civiltà moderna, gli ultimi ves-
tigi della signoria straniera, desidera
di contribuire alla costituzione di un
forte reame che ponga l’Italia in grado
di bastare alla difesa della propria in-
dipendenza.

L’Assemblea toscana ha però com-
preso, e con essa comprenderà l'Italia
tutta, che l'adempimento di questo
voto non potrà effettuarsi che col
mezzo dei negoziati che avranno luogo
per l'ordinamento delle cose italiane.

Secondando il vostro desiderio av-
valorato dai diritti che mi sono con-
feriti dal vostro voto, propugnerò la
causa della Toscana innanzi a quelle
potenze in cui l’Assemblea con grande
senno ripose le sue speranze, e sopra-
tutto presso il generoso Imperatore
dei francesi che tanto operò par la
Nazione italiana.

L’Europa non ricuserà, io spero, di
esercitare verso la Toscana quell’opera
riparatrice che in circostanze meno fa-
vorevoli già esercitò in prò della Gre-
cia, del Belgio e dei Principati Moldo-
Valacchi.

Mirabile esempio di temperanza e

I am profoundly grateful for the
vote of the Assembly of Tuscany, of
which you are the interpreters to me.
I thank you, and my people equally
with me, thank you for it. I accept
this vote as a solemn manifestation of
the will of the Tuscan people, who,
in putting an end to the last remnants
of foreign rule in that land which is
already the mother of modern civil-
ization, are desirous of contributing
to the constitution of a strong king-
dom which may place Italy in a con-
dition to be sufficient for the defence
of her own independence.

The Tuscan Assembly has, how-
ever, understood, and all Italy will un-
derstand with it, that the accomplish-
ment of this vote can not be effected
otherwise than by means of the nego-
tiations which will take place for the
settlement of Italian affairs.

In seconding your desire, strength-
ened by the rights which have been
conferred on me by your vote, I will
advocate the cause of Tuscany with
those Powers in whom the Assembly,
with great wisdom, reposes its hopes,
and especially with the generous Em-
peror of the French, who has done so
much for the Italian nation.

Europe will not, I trust, refuse to
exercise towards Tuscany that work
of restoration which she has already
exercised, under less favorable cir-
cumstances, in behalf of Greece, Bel-
gium, and the Principalities of Mol-
davia and Wallachia.

Your noble country has given,

ITALIAN NATIONAL ASSEMBLIES OF 1859 463

di concordia ha dato, o signori, in
questi ultimi tempi il vostro nobile
paese. |

A queste virtú che la scuola della
sventura ha insegnato all'Italia, voi
aggiungerete, son certo, quella che
vince le più ardue prove ed assicura
il trionfo delle giuste imprese, la per-
severanza.

gentlemen, in these last days, an ad-
mirable example of temperance and
unanimity.

To these virtues, which Italy has
learned from the school of adversity,
you will add, I am assured, that which
overcomes the most arduous trials,
and secures the triumph of just enter-
prises — perseverance.

The Provisional Government Announces that It Will Exercise Authority in
the Name of Victor Emanuel. September 29, 1859 !

Toscani!

L’Assemblea de’vostri Rappresen-
tanti legittimi deliberava esser fermo
volere della Toscana di far parte d'un
forte Regno costituzionale sotto lo
scettro del RE VITTORIO EMANUELE
di Casa Savoia. Le Assemblee di

Modena, di Parma e delle Romagne

emanarono unanimemente conformi
deliberazioni. Questi voti solenni
sono stati esauditi. La Maestà del
Re Elletto accolse il libero atto di sud-
ditanza del popolo toscano, modenese,
parmense e romagnolo; e dichiarò che
primo atto della sua sovranità sarebbe
il far valere i diritti che quei popoli
gli avevano dato.

Ma finchè il Re Eletto non prenda
a regger personalmente i toscani, se il
Governo presente deve reggerli per la
Maestà Sua, deve anche gloriarsi e
fortificarsi nel suo Nome Augusto.
Così l’assetto nuovo della nazione

1Le Assemblee, vol. 5, p. 713.

TUSCANS!

The Assembly of your lawful rep-
resentatives has decided that it was
the firm will of Tuscany to form part
of a strong constitutional kingdom
under the scepter of KING VITTORIO
EMANUELE of the house of Savoy.
The Assemblies of Modena, Parma,
and Romagna have unanimously ex-
pressed similar resolutions. These
solemn wishes have been granted.
His Majesty the King elect acknowl-
edges the free act of submission of
the peoples of Tuscany, Modena,
Parma, and Romagna, and declares
that the first act of his sovereignty
shall be to assert the rights that these
peoples have given him.

But so long as the King elect will
not personally govern the Tuscans, if
the present Government is to govern
on behalf of His Majesty, it must
also strengthen and fortify itself by
his august name. Thus the new

464

italiana procederá con sicurezza e gli
ostacoli tutti un dopo l’altro cadranno,
e l'Europa dovrà la sua quiete e il suo
vero equilibrio alla concordia e alla
fermezza degl’italiani.

Toscani, il vostro Governo pro-
clama che d'ora in poi eserciterà il suo
potere in nome di S. M. Virrorio
EMANUELE DI SAVOIA, RE ELETTO.

Dato in Firenze, il dì ventinove set-
tembre milleottocentocinquantanove.

B. RıcasoLı—C. RıporLrı — E.
Pocci — R. Busacca — V. SALVAG-
NOLI — P. DE CAVERO — CELESTINO
BIANCHI, segretario.

DOCUMENTS

order of the Italian nation will pro-
ceed safely, and all obstacles will be
overcome one after the other, and
Europe will owe its tranquillity and
its very equilibrium to the harmony
and stability of the Italians.

Tuscans! Your Government pro-
claims that henceforth it shall exer-
cise its power on behalf of His Maj-
esty VICTOR EMANUEL OF SAVOY,
KING ELECT.

Done at Florence, the twenty-ninth
of September, eighteen hundred and
fifty-nine.

B. RıcasoLı—C. Rıporri—E.
Pocci — R. Busacca — V. SALVAG-
NOLI — P. DE CAVERO — CELESTINO
BIANCHI, Secretary.

MODENA

Electoral Law for a National Assembly of the Province of Modena. July 29,
1859 1 |

GOVERNO NAZIONALE DELLE
- PROVINCIE MODENESI

IL DITTATORE ?

Considerando che le popolazioni
modenesi hanno diritto e dovere d’es-
primere i loro voti sulle proprie sorti;

Considerando che a questa sola con-
dizione esse potranno trovare uno sta-
bile ordinamento e concorrere colle
altre Provincie Italiane alla grandezza
ed alla prosperità dell’intiera nazione;

THE NATIONAL GOVERN-
MENT OF THE PROV-
INCE OF MODENA

THE DICTATOR

Considering that the people of
Modena have the right and the duty to
express their wish as to their own
destiny ;

Considering that by this method
only can be formed a stable order and
association with the other Italian
Provinces in the greatness and the
prosperity of the entire nation;

1Le Assemblee, vol. 1, p. 521-526. This electoral law served as the model for those of

Parma and Romagna.

2 Farini, retiring as Royal Commissioner on July 27, had been appointed Dictator by the

Modenese authorities on July 28.

ITALIAN NATIONAL ASSEMBLIES OF 1859

Considerando che un’Assemblea
nominata dai Comizi popolari sarä la
legittima rappresentante di quel prin-
cipio della volonta nazionale in cui si
fondano i piú prosperi e civili Go-
verni d'Europa;

DECRETA:
Requisiti per essere elettore

Art. 1. Per esercitare i diritti di
elettore politico sono necessarie le con-
dizioni seguenti:

1° essere nato o naturalizzato nelle
Provincie modenesi;

2° essere giunto alla età di 21 anni
compiuti il giorno della iscrizione nelle
liste elettorali; .

3° sapere leggere e scrivere.

ART. 2. Non possono esercitare 1
diritti di elettore politico coloro che
furono condannati a pene criminali;
coloro che sono in istato di fallimento
dichiarato o di interdizione giudizia-
ria; coloro che hanno fatta cessione
dei loro beni, sinchè non abbiano sod-
disfatti integralmente i loro creditori ;
coloro che furono condannati per
furto, truffa ed attentato ai costumi.

L'esclusione dai diritti elettorali
per causa di pene criminali non è ap-
plicabile a coloro che furono condan-
nati per delitti politici.

ART. 3. Parimenti non possono
esercitare i diritti di elettore politico
quei cittadini i quali fanno parte di
congregazioni claustrali o monastiche
nelle quali si emette ‘voto solenne di
obbedienza.

465

Considering that an Assembly
elected by the popular assemblies will
be the legitimate representative of
that principle of national will on
which are founded the most prosper-_
ous and civilized Governments of
Europe; .

DECREES:
Electoral Qualifications

ART. 1. To exercise the rights
of political electors the following
qualifications are necessary :

1. To be born or naturalized in the
Province of Modena;

2. To have completed the 21st.
year, before the day of inscription on
the electoral lists ;

3. To know how to read and write.

ART. 2. None may exercise the
rights of political electors who have
been condemned to criminal punish-
ment; nor those who are in a state of
declared bankruptcy or of judicial in-
terdiction; nor those who have given
away their possessions, if they have
not completely satisfied their credit-
ors; nor those who have been con-
demned for theft, fraud and crimes
against morality.

Exclusion from electoral rights be-
cause of criminal punishment is not
applicable to those who have been
condemned for political crimes,

Art. 3. In like manner no citizen
may exercise political electoral rights
who is a member of a cloistered or
monastic order in which a solemn
oath of obedience is taken.

466

ART. 4. Ognuno esercita i diritti
elettorali nel luogo del suo ultimo
domicilio all’epoca della formazione
delle liste.

Formazione delle liste

Art. 5. I Podestà «olle Commis-
sioni comunali inviteranno immediata-
mente con apposito manifesto tutti
coloro che sono chiamati all'esercizio
dei diritti elettorali a presentarsi al
Comune per fare la dichiarazione, che
dovrà essere la loro scritta e sotto-
scritta,

1° della loro età;

2° del luogo di nascita e domicilio;

3° della professione, arte o mes-
tiere che esercitano.

Non sarà più ricevuta alcuna di-
chiarazione dopo il giorno 5 del p. v.
mese di agosto.

Art. 6. Appena pubblicato il man-
ifesto di cui sopra, le Commissioni
comunali si riuniranno per esaminare
le dichiarazioni e per intraprendere
immediatamente la formazione in dop-
pio originale delle liste degli elettori.

Le Commissioni comunali compren-
deranno nelle liste anche coloro che
non avranno fatta alcuna dichiara-
zione, quando sia notorio che essi
hanno i requisiti voluti per essere elet-
tori.

Art. 7. La formazione delle liste
deve essere terminata il giorno 9 del
prossimo agosto.

Art. 9. Uno degli originali delle

DOCUMENTS

ART. 4. Electoral rights shall be
exercised in the place of permanent
domicile at the time of compilation of
the lists.

Compilation of the Lists

Art. 5. The Podestà, with the
Communal Commissions, shall invite
immediately and in suitable manner
all those called to exercise electoral
rights, to present themselves at the
town hall to make declaration in their
own writing and under their signa-
ture —

1. of their age;

2. of their place of birth;

3. of their profession, science or
trade.

No declaration shall be received
later than the afternoon of August
Sth.

ART. 6. As soon as the above
notification is published, the Com-
munal Commission shall meet to ex-
amine the declarations and to under-
take immediately the compilation in
duplicate of the lists of the electors.

The Communal Commission shall
also include in the list those who have
made no declaration, in case it is a
matter of common knowledge that
they possess the qualifications re-
quired for electors.

ART. 7. The compilation of the
list should be terminated on August 9.

Art. 9. A copy of the original

ITALIAN NATIONAL ASSEMBLIES OF 1859

liste così formate sarà affisso all'albo
pretorio della Comunità per ventiquat-
tro ore, durante le quali chiunque avrà
reclami a proporre potrà presentarli
alle Commissioni comunali.

Art. 10. In caso di richiami, le
Commissioni comunali si aggiunge-
ranno tre probi cittadini, unitamente
ai quali decideranno a maggioranza
di voti sui richiami stessi.

Art. 11. Le liste per tal modo
formate e rivedute passeranno in cosa
giudicata per la prima elezione nè
potrà più farvisi alcuna variazione.

ART. 12. A cura dei Podestà una
copia di queste liste sarà mandata agl
Intendenti generali ed Intendenti delle
rispettive provincie.

ART. 13. Gli elettori riceveranno
dai Podestà prima del giorno fissato
per la riunione dei collegi elettorali un
certificato comprovante la loro iscri-
zione sulle liste elettorali.

Dei Collegi elettorali

Art. 14. Le elezioni si faranno
nella proporzione di un deputato per
ogni 8,000 abitanti.

Art. 15. I collegi elettorali sono
distribuiti secondo la tabella annessa
alla presente legge e che fa parte di
essa.

Art. 16. Ogni collegio elettorale
elegge un solo deputato.

Nei comuni in cui per la cifra della
popolazione, a termini del precedente
articolo, si deve eleggere più di un
deputato, vi sarà un collegio per ogni
deputato da eleggere.

467

list thus compiled shall be affixed to
the pretorian register of the Com-
munity for twenty-four hours, during
which any one wishing to make an
appeal may present it to the Com-
munal Commission.

ART. 10. In case of appeal the
Communal Commission, to which
three reputable citizens have been
added, shall together decide the ques-
tion by majority vote.

Art. 11. The list thus compiled
and revised shall be final for the first
election, nor shall it be subjected to
further alteration.

Art. 12. The Podestà shall send
a copy of this list to the General In-
tendents and the Intendents of the re-
spective Provinces.

ART. 13. The electors shall re-
ceive from the Podestà before the day
fixed for the meeting of the electoral
college, a certificate attesting to their
inscription on the electoral list.

Electoral Districts

ART. 14. Deputies shall be chosen
in the proportion of one deputy for
each 8,000 inhabitants.

Art. 15. The electoral districts
are distributed according to the table
annexed to the present law and shall
form part of the same.

Art. 16. Each electoral district
shall elect one deputy only.

In the communes which, because of
the size of the population, should, ac-
cording to the preceding article, elect
more than one deputy, there shall be a
district for each deputy to be elected.

468

In tal caso le Commissioni comu-
nali dovranno stabilire a quale colle-
gio appartengono gli elettori.

ART. 17. I collegi elettorali sono
convocati dal Capo del Governo.

ART. 18. Gli elettori non possono
farsi rappresentare.

Art. 19. Glielettori si riuniscono
al capoluogo del collegio elettorale ove
sono convocati a votare, uniti o divisi
in sezioni, secondo le circostanze, dalle
Commissioni comunali.

ART. 20. Le Commissioni comu-
nali potranno dividere il collegio in
sezioni e provvedere alla formazione
e composizione di queste sezioni
quando il numero degli elettori ecceda
quello di mille.

In tal caso ciascheduna sezione non
potrà comprendere meno di 500 elet-
tori nè più di 750.

Ciascuna sezione concorre diretta-
mente alla nomina del deputato che il
collegio ha da eleggere.

ART. 23. Il collegio o la sezione
elegge a semplice maggioranza di voti
il Presidente e gli scrutatori definitivi,
e l’Uffizio così composto nomina puro
il segretario definitivo non avente an-
cor esso se non voce consultiva.

ART. 25. Il Presidente del collegio
o della sezione è incaricato egli solo
della polizia dell'adunanza. Niuna
specie di forza armata può senza la
sua richiesta collocarsi nella sala della
stessa adunanza o nelle vicinanze.

DOCUMENTS

In such a case the Communal Com-
mission shall determine to which dis-
trict the electors shall belong.

Art. 17. The electoral districts
shall be convoked by the Head of the
Government.

Art. 18. The electors can not be
represented by substitutes.

Art. 19. The electors shall as-
semble at the headquarters of the
electoral district where they are sum-
moned by the Communal Commission
to vote, together or divided into sec-
tions, according to circumstances.

Art. 20. The Communal Com-
mission may divide the district into
sections and provide for the forma-
tion and composition of each section
when the number of electors exceeds
one thousand.

In such case no section shall contain
less than 500 electors or more than
750.

Each section shall at once proceed
to the election of the deputy whom the
district has to elect.

Art. 23. The district or the sec-
tion shall elect the permanent Presi-
dent and tellers by simple majority
vote, and the Bureau thus composed
shall name the permanent secretary
who shall have only an advisory func-
tion.

ART. 25. The President of the
district and of the section is intrusted
with the whole policing of the meet-
ing. No armed force may be ad-
mitted into the meeting hall or in the
vicinity without his orders.

ITALIAN NATIONAL ASSEMBLIES OF 1859

Le autoritá civili, le autorita mili-
tari ed i comandanti la Guardia na-
„zionale saranno tenuti di ottemperare
alle sue richieste.

Tre membri almeno dell Uffzio
dovranno sempre trovarsi presenti.

ART. 26. L'Uffizio pronunzia in
via provvisoria sopra tutte le diffi-
coltà che si sollevano riguardo alle
operazioni del collegio o della se-
zione. . . .

E riserbato all'assemblea dei depu-
tati nominati in conformità del pre-
sente Decreto il pronunziare sui re-
clami il giudizio definitivo.

ART. 33.1 Niuno è ammesso ad en-
trare nel locale delle elezioni se non
presenta volta per volta il certificato
di cui all'articolo 13.

ART. 35. Ogni elettore, dopo di
aver risposto alla chiamata, riceve dal
Presidente un bollettino spiegato,
sopra il quale scrive o fa scrivere da
un altro elettore di sua scelta il suo
voto: piegato poscia il boliettino, lo
consegna al Presidente che lo pone
nell’urna a tal uso destinata.

La tavola a cui siede l’elettore scri-
vendo il voto è separata da quella dell’-
Ufficio: quest’ultima, alla quale sie-
dono il Presidente, gli scrutatori ed il
segretario, è disposta in modo che

469

The civil and military authorities
and the official heads of the National
Guard shall hold themselves at his or-
ders.

Three members of the Bureau shall
always be present.

Art. 26. The Bureau shall pro-
nounce provisionally on all difficulties
arising regarding the operations of
the college and of the sections. . . .

Final judgment as to all protests
shall be reserved to the deputies
elected in conformity with the pres-
ent Decree.

o

ART. 33. No one shall be allowed
to enter the place of election without
presenting, each in turn, the certificate
mentioned in Article 13.

Art. 35. Each elector, after hav-
ing answered to his name, shall re-
ceive from the President an unfolded
ballot, on which he shall write, or
shall cause another elector of the
same denomination to write, the vote
for him. After folding the ballot he
shall give it to the President who shall
place it in the urn provided for the
purpose. |

The table at which the elector shall
write his vote shall be separate from
that of the Bureau; the latter, at
which are seated the president of the
tellers and the secretary, shall be so

1 Articles 27, 31, 33 and 34 provide a penalty of two years’ imprisonment for voting under
a false name; a fine of 51-200 lira or imprisonment for ten days for causing disorder in the
meeting and a similar fine for any one not an elector entering the hall during the ses-

sion.

470

gli elettori possano girarvi attorno
durante lo squittinio dei suffragi.

ART. 36. A misura che gli elettori
van deponendo i loro voti nell'urna,
uno degli scrutatori ed il segretario
ne farà constare scrivendo il proprio
nome a riscontro di quello di ciascun
votante sopra un esemplare della lista
a ciò destinata, che conterrà i nomi e
le qualificazioni di tutti i membri del
collegio e della sezione.

ART. 37. Ad un'ora dopo il mez-
zodì si procederà ad una seconda chia-
mata degli elettori che non risposero
alla prima onde diano il loro voto.
Quest'operazione eseguita, la vota-
zione dichiarasi dal Presidente com-
piuta.

Art. 38. Aperta quindi Purna e
riconosciuto il numero dei bollettini,
uno degli scrutatori piglia successiva-
mente ciascun bollettino, lo spiega, lo
consegna al Presidente che ne dà let-
tura ad alta voce e lo fa passare ad un
altro scrutatore.

Il risultato di ciascun squittinio è
immediatamente reso pubblico.

ART. 39. Tosto dopo lo squittinio
dei suffragi i bollettini sono arsi in
presenza del collegio, salvo quelli su
cui nascesse contestazione, i quali sa-
ranno uniti al verbale e vidimati al-
meno da tre dei componenti l'Ufficio.

ART. 40. Nei collegi divisi in più
sezioni lo squittinio dei suffragi si fa
in ciascuna sezione. L’Ufficio della
sezione ne dichiara il risultato me-

DOCUMENTS

placed that the electors can pass
around during the examination of
the votes.

Art. 36. As each elector deposits
his vote in the urn, one of the tellers
and the secretary shall write his name
upon a copy of the list provided for
that purpose, which list shall contain
the names and the qualifications of all
the members of the districts and of
the section.

ART. 37. At 1 P. M. there shall
be a second calling of the electors who
have not answered to the first call, so
that they may cast their vote. The
operation finished, the President shall
declare the polls closed.

Art. 38. When the urn has been
opened and the number of votes as-
certained, one of the tellers shall take
each ballot in turn, unfold it and give
it to the President who shall read it
in a loud voice and pass it to another
teller.

The result of each counting shall
be immediately made public.

ART. 39. Immediately after the
counting of the votes the ballots shall
be burned in the presence of the elec-
tors, in order to prevent any contest
arising.

This shall be entered in the official
report and witnessed by at least three
of the members of the Bureau.

Art. 40. In the districts divided
into sections the count of the votes
shall be made in each section. The
Bureau of the section shall state the

ITALIAN NATIONAL ASSEMBLIES OF 1859 471

diante verbale soscritto dai suoi mem-
bri. e e e

ART. 41. I bollettini ne’quali il
votante sarebbesi fatto conoscere sono
nulli.

Art. 42. Sono altresì nulli i bol-
lettini contenenti più di un nome e
quelli che non portono sufficiente in-
dicazione della persona eletta.

ART. 43. L'Ufficio pronunzia so-
pra la nullità come sopra ogni altro
incidente, salve le reclamazioni.

Art. 44. I bollettini dichiarati
nulli non verranno computati nel de-
terminare il numero dei votanti.

ART. 45. Per essere eletto depu-
tato bisogna avere la maggioranza
assoluta dei voti degli elettori presenti
alla votazione. . . .

ART. 46. Ove nel primo squittinio
nessuno dei candidati abbia ottenuta
la maggioranza assoluta, si procederà
nel giorno seguente ad una seconda
votazione fra i due candidati che nel
primo squittinio ottennero il maggior
numero di voti. . . .

Art. 47. Non può esservi che una
sola adunanza ed un solo squittinio in
ciascun giorno. Dopo lo squittinio
l'adunanza verrà sciolta immediata-
mente, eccettochè siansi proposti re-
clami intorno allo .squittinio mede-
simo, sui quali dovrà essere statuito
dall'Ufficio prima che sciolgasi l'adu-
nanza in cui ebbe luogo.

ART. 48. I membri dell'Ufficio
principale stenderanno il verbale dell’
elezione prima di sciogliere l'adunanza

result in a report signed by the mem-
bers... .

ART. 41. The ballots in which the
voter makes known his name shall be
void.

ART. 42. Those ballots are also
void which contain more than one
name and which do not contain suffi-
cient indication of the person chosen.

ArT. 43. The Bureau shall decide
on the nullity as on all other inci-
dents save appeals.

ART. 44. The ballots declared
void shall not be counted in the result
of the vote.

ART. 45. An absolute majority of
the votes of the electors present at the
voting shall be necessary for the elec-
tion of a deputy, . . .

Art. 46. If at the first count no
one of the candidates shall have ob-
tained an absolute majority, a new
election shall be held on the follow-
ing day, the choice to be between the
two candidates who at the first count
have obtained the greater number of
votes. . . .

ART. 47. There shall be but one
meeting and one count on each day.
After the count the meeting shall be
immediately closed, except when ap-
peals have been entered concerning
the count, upon which appeals the
committee must decide before the
meeting in which they have arisen is
dissolved.

ART. 48. The members of the
principal Bureau shall make the re-
port of the election before closing

472
e lo indirizzeranno immediatamente al
Governo per mezzo dell'Intendente

generale od Intendente della rispettiva
provincia.

Dei Deputati

ART. 49. Ogni elettore è eleggi-
bile quando abbia raggiunto l’età di 25
anni.

ART. 50. I deputati rappresen-
tano le provincie modenesi in generale
e non le sole provincie in cui furono
eletti.

Nessun mandato imperativo può
loro darsi dagli elettori.

ART. 51. Se un deputato cessa per
qualunque motivo dalle sue funzioni,
il collegio che lo aveva eletto sarà con-
vocato per fare una nuova elezione.

Art. 52. Le funzioni di depu-
tato non dànno luogo ad alcuna retri-
buzione.

ART. 53. Durante il tempo in cui
l'Assemblea sta adunata nessun depu-
tato può essere arrestato se non in
caso di flagrante delitto, nè tradotto in
giudizio per causa criminale senza il
previoo consenso dell'Assemblea.

Dell’ Assemblea

ART. 54. L'Assemblea si riunisce
per costituire il Potere esecutivo e
per esprimere i suoi voti sulla sovra-
nità delle provincie modenesi e sull’-
essere loro rispetto all’ordinamento
nazionale dell’Italia.

ART. 55. Le sedute e le delibera-
zioni dell'Assemblea non sono valide

DOCUMENTS

the meeting, and shall send it imme-
diately to the Government by means
of the Intendent General or the In-
tendent of the respective province.

Deputies

ART. 49. Each elector is eligible
who has attained the age of twenty-
five years.

ART. 50. The deputies shall rep-
resent the provinces of Modena in
general and not the single province
from which they were elected.

No imperative mandates shall be
given them by the electors.

ART. 51. If a deputy for any rea-
son ceases to act, the district which
elected him shall be convened for a
new election.

ART. 52. The functions of a dep-
uty shall not carry remuneration.

ART. 53. While the Assembly is
in session no deputy may be arrested
save in case of a flagrant offence, nor
brought to trial for crime without the
previous consent of the Assembly.

The Assembly

ART. 54. The Assembly shall meet
in order to constitute the executive
power and to express its will regard-
ing the sovereignty of the provinces
of Modena and their relation with
regard to the national organization of
Italy.

ArT. 55. The sessions and the de-
liberations of the Assembly shall not

-—. | PE A A ar nr RS

TI me ao.

ITALIAN NATIONAL ASSEMBLIES OF 1859 473

se la maggioranza assoluta de’suoi
membri non è presente.

ART. 56. Le deliberazioni non’
possono essere prese se non alla mag-
gioranza dei voti.

ART. 57. L'Assemblea si riunisce
per la prima volta sotto la presidenza
del decano e assume come segretari i
due membri più giovani.

ART. 58. L'Assemblea è essa sola
competente per giudicare della vali-
dità dei titoli di ammissione dei singoli
membri.

ART. 59. Fatta la verificazione dei
poteri, l'Assemblea nomina nel pro-
prio seno il presidente, i vice-presi-
denti, i segretari ed i questori, i quali
rimangono in carica durante tutta la
sessione.

ART. 60. Le sedute dell’ Assemblea
sono pubbliche : ma quando dieci mem-
bri ne facciano domanda al Presidente
essa può deliberare in segreto.

Art. 61. Ogni proposta debbe es-
sere prima esaminata dalle Commis-
sioni che saranno dall’ Assemblea no-
minate pei lavori preparatori.

ART. 62. L’Assemblea ha essa
sola il diritto di ricevere le dimissioni
dei suoi membri.

Modena, 29 luglio 1859.

FARINI.

be valid if the absolute majority of its
members is not present.

Art. 56. Decisions can not be
taken except by a majority of votes.

ART. 57. The Assembly shall meet
at the first instance under the presi-
dency of the dean and shall appoint
as secretary the two youngest mem-
bers.

ART. 58. The Assembly shall
alone be competent to judge of the
validity of the title to his seat of each
of its members.

ART. 59. The powers having been
verified, the Assembly shall elect from
its members a President, a Vice-presi-
dent, Secretaries and the Quaestors
who shall remain in office during the
whole session.

Art. 60. The sessions of the As-
sembly shall be public; but when ten
members shall make a request to the
President, the debate may be secret.

ART. 61. All propositions shall
first be examined by the Committees
which shall be nominated by the As-
sembly for the preparatory work.

ART. 62. The Assembly has the
sole right to receive the resignation
of its members.

Modena, July 29, 1859.

FARINI.

474 DOCUMENTS

Convocation of the Electoral Colleges, August 5, 1859 *

IL DITTATORE
DELLE PROVINCIE MODENESI

Visto l'articolo 17 del decreto 29
luglio ultimo scorso.?

DETERMINA:

Art. 1. I collegi elettorali sono
convocati pel giorno quattordici del
corrente agosto.

Occorrendo una seconda votazione
questa avrà luogo il giorno quindici
successivo.

Art. 2. L’Assemblea dei deputati
€ convocata in Modena pel giorno se-
dici.

Il presente decreto sarà pubblicato
nei modi voluti dalla legge.

Dato in Modena dal Palazzo Na-
zionale, li 5 agosto 1859.

Il Dittatore, FARINI.

THE DICTATOR
OF THE PROVINCES OF
MODENA

In view of Article 17 of the decree
of the 29th of last July:

DETERMINES :

ARTICLE 1. That the electoral
districts are convoked for the four-
teenth of the current August.

Should a second balloting be neces-
sary it will take place on the fifteenth
following.

ART. 2. That the Assembly of
Representatives is convoked in Mo-
dena for the sixteenth.

The present Decree shall be pub-
lished in the manner required by law.

Given in Modena from the Na-
tional Palace, August Sth, 1859.

Dictator, FARINI.

The National Assembly of the Provinces of Modena Dethrones the House of

Hapsburg-Lorraine.

L’ASSEMBLEA NAZIONALE
DELLE PROVINCIE
MODENESI:

Considerando che il diritto impre-
scrittibile dei popoli di costituirsi,
troppe volte disconosciuto, è oggi am-
messo da tutte le nazioni civili, €
forma ormai parte del diritto pubblico
europeo;

1 Le Assemblee, vol. 1, p. 526.

August 20, 18593

THE NATIONAL ASSEMBLY
OF THE PROVINCES
OF MODENA:

Considering that the unwritten
right of the peoples to organize them-
selves, too often unrecognized, is to-
day admitted by all civilized nations,
and forms, henceforth, part of the
public law of Europe;

2 Article 17 of the Decree of July 29, 1859, which published the electoral law, established
that “the electoral districts are convoked by the Head of the Government.”

8 Ibid., p. 546.

ITALIAN NATIONAL ASSEMBLIES OF 1859

Considerando che non è nem-
manco compatibile nelle stesse prov-
incie il regno di chi per ragioni di
famiglia, o per trattati pretendesse
succederle, perchè stranieri essi pure,
ed avversi all'indipendenza e al bene
della nazione italiana,

DECRETA:

Francesco V. d'Austria d'Este e
decaduto dalla sovranità degli Stati
modenesi.

E esclusa in perpetuo dal reggi-
mento di queste provincie, sotto qual-
siasi forma, la Dinastia d’Austria
d'Este, e qualunque principe della
Casa d'Absburgo-Lorena.”

475

Considering also that it is not com-
patible that in these same provinces,
anyone should reign because of fam-
ily, or should claim succession
through treaties, because they also are
foreigners and averse to the inde-
pendence and welfare oí the Italian
nation,

DECREES:

That Francesco V. of Ausria-Este
is dethroned from the sovereignty of
the States of Modena.

The Dynasty of Austria-Este or
any Prince of the House of Haps-
burg-Lorraine, is excluded perpetually
from reigning in these provinces un-
der any form whatever.

The National Assembly of the Provinces of Modena Decrees the Union of the

Provinces with the Constitutional Monarchy of Sardinia.

1859 1

L'ASSEMBLEA NAZIONALE
DELLE PROVINCIE
| MODENESI:

Considerando che il Governo costi-
tuzionale di Vittorio Emanuele II,
Re generoso e leale, è quello intorno a
cui dobbiamo stringerci per ottenere
la nostra indipendenza e libertà;

Considerando che l’unione a quel
Governo è consigliata alle provincie
modenesi dal bisogno di costituire un
forte Regno in Italia, dalla loro posi-
zione geografica e dai materiali loro
interessi;

August 21,

THE NATIONAL ASSEMBLY
OF THE PROVINCES
OF MODENA:

Considering that the Constitutional
Government of the generous and
loyal King Victor Emanuel II 1s that
around which we should unite to ob-
tain our independence and liberty;

Considering that union with that
Government is advisable for the
Provinces of Modena by reason of
the necessity of forming a strong
Kingdom in Italy, of their geograph-
ical position, and of their material in-
terests ;

1 Le Assemblee, vol. 1, p. 550. This decree was passed unanimously by secret ballot.

476

Considerando che pei voti univer-
salmente espressi dalle provincie mo-
denesi nel 1848, con un solenne atto
di dedizione, furono le medesime ag-
gregate ed incorporate al Regno
Sardo, e cessarono solo di farne parte
per la prepotenza delle armi straniere;

Considerando che questi voti co-
stantemente nutriti, malgrado della
più dura pressione a delle più sfa-
vorevoli condizioni politiche, fu-
rono nel 1859 manifestati in un modo
anche più solenne ed irrefragibile
col'invio di miglaia di volontari alla
guerra della indipendenza e con oltre
90 mila soscrizioni ;

Considerando che questi voti così
splendidamente proclamati ebbero di
nuovo il loro adempimento dalla metà
dell'ultimo scorso giugno sino alla
stipulazione dei patti di Villafranca
i quali rimettendo queste provincie in
balia di loro medesime le collocarono
nella necessità di provvedere ai loro
futuri destini.

DECRETA:

Di voler confermata e mantenuta,
a costo di qualunque sacrifizio, l'u-
nione delle provincie modenesi al
Regno monarchico-costituzionale della
gloriosa Casa di Savoia, sotto lo scet-

tro del magnanimo Re Vittorio Eman- |

uele II.

DOCUMENTS

Considering that by the universal
vote expressed by the provinces of
Modena in 1848, they joined and
were incorporated in the Kingdom of
Sardinia by a solemn act of dedica-
tion, and only ceased to belong to it
through the supreme power of for-
eign arms;

Considering that these votes, con-
stantly maintained in spite of severe
pressure and under the most unfa-
vorable political conditions, were in
1859 manifested in a manner still
more solemn and irrefutable, by send-
ing thousands of volunteers*to the
war of independence, and by more
than 90,000 signatures ;

Considering that these votes, so
splendidly proclaimed, were fulfilled
in the middle of last June, even to the
stipulation of the treaties of Villa-
franca which, leaving these provinces
to their own authority placed them
under the necessity of providing for
their future destinies;

DECREES:

That the union of the Provinces of
Modena to the Kingdom of the Con-
stitutional Monarchy of the glorious
House of Savoy, under the sceptre of
the magnanimous King Victor Eman-
uel II, must be confirmed and main-
tained at any sacrifice.

ITALIAN NATIONAL ASSEMBLIES OF 1859

477

ROMAGNA

Appeal for a Plebiscite. July 22, 1859!

CITTADINI!

La manifestazione del voto generale
sull'ordinamento della cosa pubblica,
é naturale diritto d’ogni popolo.

Questo diritto venne proclamato
solennemente dall’Imperatore dei
Francesi al cospetto del mondo, come
la vera base del diritto pubblico.

Nelle attuali gravi circostanze in cui
le sorti d'Italia vittoriose sui campi
di battaglia, sono rimesse anche una
volta nelle mani della diplomazia, a
questo diritto gl'Italiani debbono con
fiducia ricorrere e palesare ordinata-
mente i loro voti.

Che se la forte gioventù degli Stati
romani versò anch’essa valorosamente
il sangue per la causa nazionale illu-
strando il nome italiano, questo nobil
sangue sarebbe versato indarno, se
ogni cittadino che lo può liberamente
non accorresse al compimento dell’
opera, col manifestare la propria vo-
lontà intorno al futuro reggimento di

questi popoli.
Bologna, 22 luglio 1859.

Il Comitato costituitosi per la sotto-
scrizione al voto popolare:

‘ RINALDO PRINCIPE SIMONETTI —
RAMPONI FRANCESCO — ZOBOLI GIO-
VANNI . ..

1 Le Assemblee, vol. 1, p. 357.

CITIZENS!

The manifestation of the general
will as to the ordering of public af-
fairs, is the natural right of every
people.

This right was solemnly proclaimed
by the Emperor of the French in the
face of the world, as the true founda-
tion of public right.

In the actual grave circumstances
when the fate of Italy, victorious on
the battlefield, has been placed in the
hands of a diplomat, the Italians
ought to resort to the right with con-

fidence, and duly make known their

wishes.

For if the valiant youths of the
Roman states gave their blood so
bravely for the national cause, making
illustrious the Italian name, this noble
blood would be shed in vain if every
citizen who can freely do so, does not
agree to the fulfillment of the work,
by manifesting his own wishes in re-
gard to the future administration of
these people.

Bologna, 22 July, 1859.
The Committee which has formed
itself to procure signatures of the

popular will:

PRINCE RINALDO SIMONETTI —
FRANCESCO RAMPONI — GIOVANNI
ZOBOLI . ..

478

DOCUMENTS

The Sardinian Commissioner Retires from Office that the Vote may be Free.
July 28, 18591

PoPOLI DELLE ROMAGNE!

La pace conchiusa in Villafranca
fra i due Imperatori ha fatto cessare
il più importante dei motivi pei quali
il Re Vittorio Emanuele mi aveva
mandato suo Commissario fra voi:
quello di chiamarvi alle sue bandiere
per la guerra d'indipendenza. __

Egli m'imponeva al tempo stesso
che io mantenessi l’ordine in queste
provincie e vuole ora disponga le cose
in modo che in queste nuove ed impre-
viste condizioni esso non s'abbia a tur-
bare. Per quanto era in me e per
quanto lo concedesse il tempo, cercai
servire fedelmente a queste sue leali
intenzioni. |

Ho l’incarico di annunziarvi che
egli, sollecito sempre del nostro bene,
impiegherà con premura caldissima
tutti i mezzi concessi dal diritto inter-
nazionale onde otteniate dal concorso
dei Governi europei l’adempimento
dei vostri giusti e ragionevoli desideri.

La presenza di un Commissario del
Re ne potrebbe preoccupare la libera
manifestazione alla quale il sospetto
di interessate influenze toglierebbe
fede e valore. Egli quindi mi richi-
ama da quest'ufficio ed è mio dovere
ubbidire. Con qual cuore io vi lascio
ve lo dica il cuor vostro. Ma vi dica
insieme che, se non è sempre dato all’-
uomo vincere la fortuna, neppure la

1 Le Assemblee, vol. 1, p. 358.

PEOPLE OF ROMAGNA!

The peace concluded at Villafranca
between the two Emperors, has put
an end to the most important of the
reasons why Victor Emanuel had sent
me as Commissioner to you: that of
calling you to his standard for the
war of independence.

He also commissioned me, at the
same time, to maintain order in this
province, and he wishes now to make
disposition of affairs so that in these
new and unforeseen conditions it shall
not be disturbed. As far as it was in
my power and time allowed, I have
tried to serve faithfully these loyal
purposes of his.

I have the task of announcing to
you that he, always solicitous of our
good, will employ with the greatest
cagerness all the means conceded by
international law, in order that you
may obtain from the cooperation of
European governments the fulfillment
of your just and reasonable wishes.

The presence of a Royal Commis-
sioner might hinder their free mani-
festation, from which a suspicion of
interested influence might take away
confidence and validity. Therefore,
he recalls me from this office, and it is
my duty to obey. With what heart I
leave you, your own heart may tell
you. But it may tell you, at the same
time, that it is not always given to

ITALIAN NATIONAL ASSEMBLIES OF 1859 479

fortuna può vincerlo ove egli nol vo-
glia.

È vostro diritto il proclamare al cos-
petto del mondo quali siano vostri
voti.

Torino, 28 luglio 1859.
Massimo D'AzegLIO.

man to conquer fortune, not "¿An “for-
tune conquer him when he does not
wish it. Sea

It is your right to proclaim in the
face of the world what | are your
wishes.

Turin, 28 July, 1859.
Massimo D’AZEGLIO.

The Governing Council Announces that an Assembly will be held. August 2,
1859 !

PoPOLI DELLE ROMAGNE!

Noi, assumendo per breve tempo il
poderoso incarico, a cui niun probo
cittadino può ricusarsi ‘quando la
necessità della patria il dimanda, ab-
biamo subito compreso che due gra-
vissimi doveri c'incombevano.

‘L'uno di eleggere un capo del Go-
verno per dare al potere esecutivo
quell’unità e speditezza che sono in-
dispensabili nei momenti difficili come
i presenti. E quindi abbiamo eletto
ad unanimità il Colonnello Leonetto
Cipriani, ben noto per l’energia ‘de’
‘suoi propositi e per la sua inalterabile
devozione alla causa italiana.

L'altro di convocare prestamente, a
somiglianza di Toscana e di Modena
un'Assemblea che sia interprete dei
voti del Paese legalmente costituito e
nomini stabile Governo che prenda
con gli Stati vicini un assetto defini-
tivo per renderci più forti contro la
ristaurazione dei Governi passati €

1Le Assemblee, vol. 1, p. 360.

PEOPLE OF ROMAGNA!

We, assuming for a short time the
heavy burden which no upright citi-
zen may refuse, when the need of the
country calls, have immediately. real-
ized that two very heavy duties con-

cern us.

The one, to elect a head of Gov-
ernment to. give to the executive
power that unity and expedition that
are indispensable in difficult moments
like the present. Therefore, we have
unanimously elected Colonel Leo-
netto Cipriani, well known for the
vigor of his intentions and his unal-
terable devotion to the Italian cause.

The other, to call at once an assem-
bly like that of Tuscany and Modena
which, legally constituted, may inter-
pret the wishes of the country, and
which may nominate a stable Govern-
ment that shall take, together with
the neighboring states, a definite
stand, to make themselves stronger

480

fare meglio accordi ed apprezzati i
nostri voti davanti al Consesso d’Eu-

ropa.

Bologna, il 2 di agosto 1859.
GIOACHINO NAPOLEONE PEPOLI —
ANTONIO MONTANARI. . . .

DOCUMENTS

against the restoration of the former
Government, and give better agree-
ment and value to our votes before the
tribunal of Europe.

Bologna, 2nd of August, 1859.
GIOACHINO NAPOLEONE PEPOLI,
ANTONIO MONTANARI. . .

Instructions in Regard to the Approaching Elections. August 8, 1859 !

AI SIGNORI INTENDENTI
DELLE PROVINCIE

Illustrissimo Signore,

È imminente la pubblicazione della
legge relativa alle elezioni dei depu-
tati per l’Assemblea Nazionale chia-
mata a proferire un voto solenne e
legale sulle sorti di queste Provincie.?

Affinchè l’opera importante delle
elezioni non sia preoccupata dai par-
titi, è d'uopo che il Governo, in un
paese non abituato all’esercizio rego-
lare di tali diritti, prenda una bene-
fica iniziativa.

La S. V. Illustrissima pertanto, va-
lendosi dell’opera di cittadini degni di
tutta la di Lei fiducia, userà ogni cura
onde in codesto capo-luogo e in tutta
la Provincia siano formati Comitati
elettorali, incaricati d'illuminare e
dirigere gli elettori e di cooperare onde
la Rappresentanza nazionale si com-
ponga di uomini savi ed energici ad un
tempo, capaci a penetrarsi della grave
importanza del loro mandato e a com-
prendere che dal senno, dalla pru-

2 Le Assemblee, vol. 1, p. 362.

TO THE INTENDENTS OF THE.
PROVINCES

Honored Str,

The publication of the law relative
to the elections of deputies for the
National Assembly, called to proffer
a solemn and legal vote on the fate
of these provinces, is imminent.

In order that the important work
of the elections may not be hindered
by factions, it is necessary that the
Government, in a country not accus-
tomed to the regular exercise of such
rights, should take a benevolent initi-
ative.

Your Excellency, therefore, avail-
ing yourself of the aid of the citi-
zens worthy of all your trust, will
use every care so that in this capi-
tal and throughout the province there
may be formed electoral committees,
commissioned to instruct and direct
the electors and to cooperate so that
the national Representation may be
composed of men both wise and ac-
tive, capable of understanding the
great importance of their calling and

2 The electoral law was published with the decree of the Governor General on the same
day and is similar to that of Modena and Parma.

ITALIAN NATIONAL ASSEMBLIES OF 1859

denza, dall’energia dell’ Assemblea Na-
zionale dipenderä la salvezza di queste
Provincie e l’adempimento dei voti di
queste popolazioni.

Non è certo tra i desideri del Go-
verno che gli uomini dei partiti es-
tremi siano esclusi dalle elezioni.
Ciò che il Governo desidera pel vero
bene del Paese si è che i partiti estremi
non abbiano ad imporre alla Rappre-
sentanza nazionale opinioni e desideri
che non sono della maggioranza dei
cittadini.

Con queste norme generali Ella po-
trà dunque accingersi alla formazione
dei Comitati elettorali, adoperando
tutta la prudenza che le è propria e
chiamando a cooperarla que'cittadini
che Ella reputa più acconci all'uopo,
sia per la loro probità e saviezza che
pel loro attaccamento all’attuale or-
dine di cose.

Passo nel frattanto a confermarmi
coi sensi di stima distinta.
Bologna, 8 agosto 1859.
ANTONIO MONTANARI.

481

of realizing that upon the wisdom, the
prudence and the energy of the Na-
tional Assembly will depend the
safety of these provinces and the ful-
fillment of the wishes of the people
of these districts.

It is certainly not the wishes of the
Government that men of the extreme
factions should be excluded from the
elections. What the Government de-
sires for the true good of the country
is that the extreme factions may not
impose upon the national representa-
tives opinions and desires that are not
shared by the majority of the citizens.

With these general rules you may
then prepare for the formation of
electoral committees, using all the
prudence that is needful and calling
upon the cooperation of those citizens
whom you consider most appropriate
for the work, either because of their
honesty and wisdom or because of
their attachment to the present order
of things.

In closing 1 sign myself, with es-
teemed consideration,

Bologne, August 8, 1859.

ANTONIO MONTANARL

Circular Letter to the Officials of Romagna Emphasizing the Importance of
the Approaching Elections. August 22, 1859!

Agl'Intendenti e Sotto Intendenti e
Alle Commissioni Municipali delle
Romagne.

SIGNORI,

Ecco che si approssima il giorno

3 Le Assemblee, vol. 1, p. 363.

To the Intendents and Sub-Intend-
ents and to the Municipal Commit-
tees of Romagna,

GENTLEMEN !
Now the day is approaching on

482 ~~ DOCUMENTS

in che le nostre popolazioni hanno da
compiere uno degli atti pitt nobili e
gravi della loro rigenerazione; hanno
da eleggere i deputati all’Assemblea
che sarà interprete e banditrice dei
nostri fermi propositi, dei nostri sa-
crosanti diritti in faccia all'Italia ed
all’Europea intera.

Ma però, in mezzo a quella amara
sorpresa,! gli Stati dell’Italia centrale
compresero tosto che le sorti loro. non
erano decise e che grave e nobile com-
pito era riservato al senno, all’energia
e fermezza di queste popolazioni.
Napoleone III aveva detto nel suo
proclama di Milano: oggi tutti soldati
per essere domani liberi cittadini.’ E
quindi la prima idea che si affacciava
spontanea alle menti e diffondevasi
come elettrica scintilla nell'universale
fu quella di ‘esprimere popolarmente
con cittadine sottoscrizioni la incom-
patibilità dei dominatori passati ed il
voto fermo e costante di queste con-
trade. Ciò che praticavasi in Tos-
cana, a Parma, a Modena, aveva luogo
anche nelle Romagne, e le centinaia di
migliaia di firme che si veggono nei
registri dicono abbastanza eloquente-
mente al mondo cosa pensino e
cosa vogliano le nostre popolazioni.
Quella votazione nazionale dell’Indi-
rizzo a Vittorio Emanuele, a Napo-
leone III ed alle Potenze d'Europa,
cui - sottoscrissero . concordemente le
città, i borghi e le campagne fu la
seconda dichiarazione e protesta che
espressero le Romagne.

14. e., Villafranca.

which our people must fulfill one of
the most noble and serious acts of
their regeneration; they must elect
deputies to the Assembly which will
be interpreter and herald of our firm
resolutions and of our sacred rights
in the face of Italy and of all Europe.

Y et, in the midst of this bitter sur-
prise, the states of central Italy soon
understood that their fates were not
decided, and that a serious and noble
task was reserved for the wisdom, en-
ergy and steadfastness of this popu-
lation. Napoleon III had said in his
proclamation at Milan: —“ all are
soldiers to-day in order to be free citi-
sens to-morrow.”— And thus the first
idea that came spontaneously to mind
and spread universally like an electric
spark, was that of expressing popu-
larly, by signatures of the citizens,
the incompatibility of the former rul-
ers with the steadfast and constant
wishes of these regions. ‘What was
going on in Tuscany, in Parma and
in Modena, was also taking place in
Romagna, and the hundred thousand
signatures that are seen in the regis-
ters, tell eloquently enough to the
world what our people think . and
wish. That national voting of the
Address to Victor Emanuel, to Na-
poleon III and to the powers of Eu-
rope, which the city, the boroughs.and
the country districts signed in unison,
was the second declaration and pro-
test which the people of Romagna ex-
pressed. | TT

ITALIAN NATIONAL ASSEMBLIES OF 1859 483

Ma ora ci resta a compiere la terza
e più rilevante di tutte, che, pigliando
la forma di quella legalità che si
pratica fra i popoli civili e libera-
mente costituiti, ha da riuscire come
la riprova, il suggello dei nostri fermi
ed inalterabili proponimenti. E sic-
come questa riprova deve essere so-
lenne, deve avere un pondo gravissimo
nei Consigli dell'Europa, così importa
che da un lato sia coscieriziosa ed as-
sennata, dall’altro abbia il voto gene-
rale di ogni ordine di cittadini.

Per questo il Governo, come sapeva
di rendersi interprete dell’opinione
pubblica chiamando a votare tutti i cit-
tadini atti ad intenderne l’importanza,
così oggi fa appello alla stessa pub-
blica opinione perchè tutti i chiamati
concorrano con frequenza ne’collegi
elettorali a compiere il nobile mandato.

. Ora ogni cittadino col suo
voto dimostri al mondo che siamo ma-
turi a libertà, che sappiamo esercitare
il diritto più nobile di un popolo, quale
si è di fondare il Governo che vuole,
e decidere delle proprie sorti.

Mostriamolo al mondo dignitosa-
mente e fiduciosi, e rendiamoci ben
certi che i potentati europei ne apprez-
zeranno il valore. Passato è il tempo
in che la politica guardava solo ai
titoli delle dinastie e i diritti dei
popoli” poneva in non cale . . . oggi
comprendono anche i regnanti che
Europa è stata un focolare di rivo-
luzioni negli ultimi quarant'anni ap-
punto perchè in quel Consesso del

But now it rémains for us to com-
plete the third and most important of
all, which, taking the legal form which
is usual among civilized people living
under a free ‘constitution, must appear
as the token and seal of our firm and
unalterable resolution. And as this
token must be solemn and must have
very héavy weight in the Councils of
Europe, it is important that it should
be conscientious and wise, and that it
should have the general assent of ev-
ery class of citizens.

For this reason the Government, as
it knew that it was making itself
the interpreter of public opinion, by
calling to vote all the citizens able to
understand its importance to-day
makes an appeal to this same public
opinion so that all those summoned
may crowd to the voting places to
fulfil their noble duty.

Let every citizen now show
the world by his vote that we are ripe
for liberty, that we know how to ex-
ercise the most noble right of a peo-
ple, which is to found the government
which it wishes, and to decide its own
fate.

Let us show this to the world wor-
thily and trustingly, and let us be
assured that the European Powers
will realize its importance. The time
is passed in which politics regarded
only the titles of dynasties, and the
rights of the people were uncared for.

. to-day even the ruling powers of
Europe understand that Europe has
been a hot-bed of revolutions in the
last forty years, precisely because in

484

1815 i diritti dei popoli vennero dura-
mente conculcati. Per questi motivi
noi abbiamo veduto la diplomazia
ricredersi mano mano e far ragione ai
diritti dei Belgi, dei Greci, della Peni-
sola spagnuola, e da ultimo anche dei
Rumeni. Or via, ciò che due anni fa
i potentati europei acconsentivano ai
Principati danubiani, vorranno ne-
garlo alla patria delle arti belle, delle
scienze e del diritto, alla madre della
coltura, dell’incivilmento ?

Votiamo adunque concordi, animosi
e fidenti, come facevano non ha guari
i Toscani e i Modenesi, e come fa-
ranno in breve i Parmigiani e i Pia-
centini. Votiamo numerosi e con-
cordi, e poi, a somiglianza dell’ Assem-
blea fiorentina, affidiamo il nostro
voto alla protezione generosa di Na-
poleone III, il quale non può dimen-
ticare che il suo trono fondavasi sulla
base del suffragio popolare; alla sim-
patia dell’Inghilterra, che è patria an-
tica del diritto individuale e della
libertà. cittadina; alla giustizia dell’-
Europa, la quale riconosce oggimai
che l’Italia ha diritto di sedere anch'
essa al banchetto delle Nazioni libere
ed indipendenti.

Bologna, 22 agosto 1859. :
Il gerente la Sezione dell'interno,

A. MONTANARI.

DOCUMENTS

that Congress of 1815 the rights of
the peoples were harshly trampled
upon. For these reasons we have
seen diplomacy gradually turning to
take into consideration the rights of
the Belgians, the Greeks, the Spanish
peninsula, and lately also the Ru-
manians. Now, then, will the Euro-
pean Powers try to deny to the home
of the Fine Arts, of the Sciences and
of Law, to the Mother of Culture and
Civilization that which they granted
two years ago to the Danubian Prin-
cipalities ?

Let us vote, then, unitedly, boldly
and trustingly as the people of Tus-
cany and of Modena have done not
long ago and as those of Parma and
Piacenza will soon do. Let us vote
in large numbers and harmoniously,
and then, like the Florentine Assem-
bly, let us trust our votes to the gen-
erous protection of Napoleon III,
who can not forget that his throne was
built on the basis of popular suffrage;
on: the sympathy of England which
is the ancient home of the rights of
the individual and of the freedom of
citizens; on the justice of Europe,
which recognizes even now that Italy
also has the right to sit at the banquet
of free and independent nations.

Bologna, August 22nd, 1859.

The Chairman of the Section of the

Interior,

A. MONTANARI.

ITALIAN NATIONAL ASSEMBLIES OF 1859

485

Convocation of the Electoral Constituencies of Romagna. August 24, 1859!

IL GOVERNATORE GENERALE
DELLE ROMAGNE

Visto il decreto 8 di agosto 1859;
Visti gli articoli 3 e 5 del medesimo;

Vista la tabella pubblicata il 20 cor-
rente agosto;

DECRETA :

1. I collegi elettorali delle Ro-
magne, a norma della tabella suddetta,
sono convocati per domenica, 28
agosto 1859.

2. Le Commissioni municipali dei
luoghi ove si riuniscono i collegi sta-
biliranno le indicazioni più precise del
luogo e dell'ora delle adunanze.

3. Il gerente dell'interno è incari-
cato della esecuzione del presente de-
creto.

Fatto a Bologna, il 24 agosto 1859.

Il governatore generale
LEONETTO CIPRIANI
Il gerente dell'interno e di
pubblica sicurezza
A. MONTANARI.

1 Le Assemblee, vol. 1, p. 366.

THE GOVERNOR GENERAL OF
ROMAGNA

In view of the decree of August
8th, 1859;

In view of the 3rd and 5th articles
of the same;

In view of the table published on
the 20th of the current month of Au-
gust;

DECREES :

1. The electoral districts of Ro-
magna, according to the table above-
mentioned, are convoked for Sunday,
August 28th, 1859.

2. The municipal commissions of
the places where the districts will
meet, shall give the most exact direc-
tions as to the place and hour of the
meetings.

3. The Secretary of the Interior is
charged with the execution of the
present decree.

Done at Bologna, August 24th,
1859.

Governor General,

LEONETTO CIPRIANI

Secretary of the Interior and

of Public Welfare,
A. MONTANARI.

486

DOCUMENTS

Convocation of the National Assembly of Romagna at Bologna. August
25, 1859!

IL GOVERNATORE GENERALE
DELLE ROMAGNE

Visto il decreto 8 agosto 1859 per
la convocazione dell'Assemblea na-
zionale delle Romagne;

Visto il decreto del 24 agosto, col
quale è stabilita la riunione dei collegi
elettorali pel di 28 corrente;

DECRETA:

L’Assemblea nazionale si riunirà
in Bologna giovedì, 1° di settembre
1859, alle ore 12 meridiane nel palazzo
dell’Accademia di belle arti.

Il gerente dell'interno è incaricato
della esecuzione del presente decreto.

Fatto in Bologna, tl 25 agosto 1859.

Il governatore generale
LEONETTO CIPRIANI
Il gerente dell'interno e di pubblica
sicurezza
A. MONTANARI.

THE GOVERNOR GENERAL OF
ROMAGNA

In view of the decree of August
8th, 1859, for the convocation of the
National Assembly of Romagna;

In view of the decree of August
24th, by which it is decreed that the
electoral districts shall meet on the
28th of the current month;

DECREES :

The National Assembly shall meet
in Bologna on the first of September,
1859, at 12 o'clock, noon, in the pal-
ace of the Academy of Fine Arts.

‘ The Secretary of the Interior is
charged with the execution of the
present decree.

Done at Bologna, the 25th of Au-
gust, 1859.

Governor General, .

LEONETTO CIPRIANI

Secretary of the Interior and of
Public Safety,

A. MONTANARI.

Decree co the National Assembly of Romagna Deposimg the Temporal

Power.

Considerando che questi popoli,
dopo avere avuto statuti e leggi pro-
prie, e nel principio del secolo presente
fatto parte del Regno Italico, furono
nel 1815, senza il consenso loro posti
sotto il Governo temporale pontificio,

1 Le Assemblee, vol. 1, p. 366.
2 ¡bid., vol. 1, pp. 390-391.

September 6, 1859 ?

Considering that these people,
after having had their own statutes
and laws, and, in the beginning of the
present century having been part of
the Italian Kingdom, were in 1815,
without their consent, put under the

The vote was by secret ballot and unanimous.

ITALIAN NATIONAL ASSEMBLIES OF 1859 487

e che questo, senza ripristinare le an-
tiche franchigie, distrusse 1 buoni or-
dini nuovamente introdotti ;

Considerando infine che il Gov-

‘erno temporale pontificio è sostanzial-

mente e storicamente distinto dal po-
tere spirituale della Chiesa, cui questi
popoli professano piena reverenza;

Noi, rappresentanti dei popoli delle
Romagne, convenuti in generale As-
semblea, appellandone a Dio della ret-
titudine delle nostre intenzioni, dichia-
riamo:

Che i popoli delle Romagne, riven-
dicato il loro diritto, non vogliono più
Governo temporale pontificio.

pontifical temporal government, and
that this government without renew-
ing the old franchises has destroyed
the good arrangements recently intro-
duced;

Considering, finally, that the tem-
poral pontifical government is. sub-
stantially and historically distinct
from the spiritual power of the
Church, for which these peoples pro-
fess full reverence ;

We, representatives of the people
of Romagna, convened in the General
Assembly, calling upon God to wit-
ness the righteousness of our inten-
tions, declare :

That the people of Romagna, hav-
ing regained their rights, no longer
wish for the temporal pontifical gov-
ernment. |

Decree of the National Assembly of Romagna for Union with the Constitu-
tional Kingdom of Sardinia. September 7, 1859 1

Considerando che il voto unanime
e fermo di questi popoli é per un
Governo forte, che assicuri l'indipen-
denza nazionale, l'uguaglianza civile
e la libertà;

Considerando che il loro primo
bisogno è di posare in un assetto sta-
bile e finale rispetto alla Nazione, il
quale chiuda l’era delle rivoluzioni;

Considerando che il solo Governo
che possa adempiere queste condizioni
è quello di Sardegna, per la forza, per
le. tradizioni, per la organizzazione,
per. le istituzioni .e pet sacrifici fatti
alla causa italiana;..

Considering that the unanimous
and decided vote of these people is for
a strong government which may as-
sure them national independence, civil
equality and liberty.

Considering that their first need
is to establish a stable and definite or-
der for the nation, thus ending ti the
era of revolutions;

Considering that the only govern-
ment which can fulfil these conditions
is that of Sardinia, through its power,
its traditions, -its - organizations,
through its institutions and the sacri-
fices made for the Italian cause;

1 Le Assemblee, vol. 1, p. 397. The vote was by secret ballot and unanimous.

488.

Noi, rappresentanti i popoli delle
Romagne,
DICHIARIAMO:

Che i popoli delle Romagne vo-
gliono l'annessione al Regno Costitu-
zionale di Sardegna sotto lo scettro di
Vittorio Emanuele II.

DOCUMENTS

We, representing the people of Ro-

magna,
DECLARE:

That the people of Romagna wish
for annexation to the Constitutional
Kingdom of Sardinia, under the scep-
tre of Victor Emanuel II.

Reply of King Victor Emanuel to the Delegates Presenting the Vote of the
People of Romagna *

Sono grato a’ voti de’ Popoli delle
Romagne di cui voi, o signori, siete
gl'interpreti verso di me. Principe
cattolico, serberò in ogni evento pro-
fonda ed inalterabile riverenza verso
il Supremo Gerarca della Chiesa.
Principe italiano, debbo ricordare che
l'Europa, riconoscendo e proclamando
che Je condizioni del vostro paese
ricercavano pronti ed efficaci provvedi-
menti, ha contratto con esso formali
obbligazioni. Accolgo impertanto 1
vostri voti, e forte del diritto che
questi mi conferiscono, propugnerò
la causa vostra innanzi alle grandi
Potenze. Confidate nel loro senno
e nella loro giustizia; confidate nel
generoso patriottismo dell'Imperatore
dei Francesi, che vorrà compiere
quella grande opera di riparazione,
alla quale pose si potentemente la
mano e che gli ha assicurato la rico-
noscenza dell’Italia tutta. . . . L’Eu-
ropa sentirà che è comune dovere,
com'è comune interesse, di chiuder
l'era dei rivolgimenti italiani procu-
rando soddisfazione ai legittimi voti.

1 Le Assemblee, vol. 1, p. 404.

I am grateful for the votes of the
people of Romagna, of which you,
Gentlemen, are the interpreters to me.
As a Catholic prince, I will preserve
in any event profound and unalterable
reverence towards the Supreme Hier-
arch of the Church. As an Italian
prince, I must remember that Europe,
acknowledging and proclaiming that
the conditions of your country de-
mand prompt and efficient supervi-
sion, has contracted with it some for-
mal obligations. I welcome, how-
ever, your votes and, strong in the
right which these confer upon me, I
will defend your cause before the
great Powers. Trust in their wisdom
and in their justice, trust in the gen-
erous patriotism of the Emperor ot
the French, who would like to see fin-
ished that great work of reparation to
which he so powerfully gave his hand,
and which has assured for him the
gratitude of all Italy... . Europe
will feel that it is a common duty, as
it is a common interest, to close the
era of Italian upheaval by giving sat-
isfaction to legitimate desires.

ITALIAN NATIONAL ASSEMBLIES OF 1859 489

PARMA AND PIACENZA, 1859

The Sardinian Governor Resigns Power to Giuseppe Manfredi as Provisional
Governor. August 8, 1859 !

PopoLI pı PARMA E DI PIACENZA!

Le innumerevoli e solenni prove da
voi fornite di volere a prezzo di qual-
unque sacrificio essere per sempre as-
sociati ai destini di quello Stato itali-
ano che rappresenta i grandi principi
dell'indipendenza nazionale e della
libertà, il silenzio serbato nei prelimi-
nari di pace di Villafranca sulle sorti
di queste provincie, e sopratutto le
assicurazioni che io ebbi da un illustre
ministro, il quale a sua volta poteva e
doveva credersi autorizzato a darle,
non mi lasciavano alcun dubbio che i
vostri desideri non fossero irremovi-
bilmente adempiuti, ed io ve ne dava
con somma gioia il faustissimo an-
nunzio. Pur non di meno tutte le
vostre proteste ed i fatti più eloquenti
non hanno ancora abbastanza per-
suaso qualche Potenza della sincerità
ed universalità dei vostri voti e della
incrollabile fermezza dei propositi
vostri.

E dell'interesse e dell’onore di
queste nobili e valorose provincie, è
dell'interesse e dell'onore d’Italia, che
i vostri immutabili divisamenti si
spieghino ancora una volta senza che
alcun pretesto possa mettersi in campo
da chicchessia sulla libera manifesta-
zione della volontà del popolo, unica,
legittima fonte d’ogni potere civile.
Ed è per rendere nuovo omaggio a

1 Le Assemblee, vol. 1, p. 653.

PEOPLE OF PARMA AND PIACENZA!

The innumerable and solemn proofs
furnished by you of your wish, at the
price of any sacrifice, to be ever as-
sociated with. the destinies of: that
Italian State which represents the
great principles of national independ-
ence and liberty, the silence observed
in the Preliminaries of Peace at Villa-
franca regarding the destiny of these
provinces, and, above all, the assur-
ance which I had from an illustrious
minister who could and ought to con-
sider himself authorized to give them,
leaves no doubt that your wishes were
absolutely fulfilled, and I gave you
with great joy, the happy announce-
ment. But, notwithstanding your
protestations and the more eloquent
facts, some of the Powers are not
sufficiently persuaded of the sincerity
and universality of your will, and of
the unshakable firmness of your pur-
pose.

It is to the interest and honor of
these noble and valorous provinces,
and to the interest and honor of Italy
that your immutable decisions should
be again expressed without any possi-
bility of reproach as to the free mani-
festation of the popular will, which
is the sole legitimate source of all
civil power. It is to render new hom-
age to this great principle, to obviate *

490

questo grande principio, per allonta-
nare ogni sospetto di pressione o d'in-
fluenza e disarmare la vigile insistente
calunnia, che il Governo del Re nella
sua lealtà mi ritira quel mandato di
cui mi rese tanto facile l’esercizio il
vostro immenso amor patrio, la vos-
tra ammirabile saggezza, l'ordine per-
fetto costantemente da voi mantenuto.

Non potendo rassegnare: all’istante
questi poteri nelle mani del popolo,
che solo ha diritto a riprenderli, io,
ritirandomi con le Autorità piemon-
tesi, li confido a persona che per ogni
rispetto gode meritamente la vostra
piena fiducia; |

Intorno a questo capo provvisorio,
che unico io scelsi perchè i tempi diffi-
cili richieggono unità. di direzione e
d’impulso ; intorno a questo animoso e
illuminato patriota, l'avvocato Giu-
seppe Manfredi, vostro concittadino,
stringetevi tutti, ponendo in cima ai
vostri pensieri gl'interessi di queste
forti provincie, gl’interessi d’Italia che
ansiosamente sopra di voi tiene fisso
lo o sguardo: | |

-Parma, 8 agosto , 1859"
PALLIERI.

DOCUMENTS

the last suspicions of pressure or in-
fluence and to disarm ever watchful
calumny, that the Government of the
King, in its loyalty, takes from me the
mandate which has been so easy for
me to carry out, thanks to your great
love of country, your admirable
sagacity and the perfect order which
you have constantly maintained.

‘As I cannot at once resign the
power into the hands of the people,
who alone have the right to exercise
it, on retiring with the Piedmontese
authority, I shall resign it into the
hands of a person who in all respects
merits your full trust;

‘So for this provisional head, whom
I chose only because these difficult
times require unity of direction: and
initiative, I expect you to rally around
the animated and intelligent patriot,
Advocate Guiseppe Manfredi, your
fellow-citizen, holding as the highest
object of your thoughts the interests
of Italy which anxiously turns’ her
fixed gaze upon you.

Parma, August 8, 1859
PALLIERI.

ITALIAN NATIONAL ASSEMBLIES OF 1859

491

Co onvocalion: ‘of the People of ‘Parma in Popular Assemblies; for a | Plebiscite.
| ‘August 8, 18591 "7"

IN N OME DEL POPOLO DELLE IN.THE NAME OF. THE PEOPLE

PROVINCIE PARMENSI.
| IL GOVERNO PROVVISORIO

L'unanime votazione fattasi nel
1848 da queste italiane provincie;

La fermezza ammirabile con cui,
disprezzando le lusinghe ed i terrori di
un Governo instaurato dallo straniero,
costanti si mantennero nel loro propo-
sito.;

Il nobile sacrificio della vita fatto
dai numerosi volontari che allo aprirsi
della guerra accorsero nelle file. dell’
esercito italiano del leale Re Vittorio
Emanuele;

La irresistibile manifestazione del
risentimento popolare, dinanzi a :cui
dovette cedere e ritirarsi il caduto
Governo ;.

Gli atti con cui rinnovarono l'atto
d’unione gli Anzianati tutti, composti
d'uomini eletti dal Governo caduto;

‚Le adesioni spontanee di tutti i
Corpi e di tutte le Autorità costituite;

Il giuramento al Re Vittorio. Eman-
uele da tutti i pubblici funzionari pres-
tato; o

Le. popolari sottoscrizioni che,
quantunque in pochi centri raccolte,
raggiunsero in brevi giorni un altis-
simo numero;

Sono questi altrettanti fatti per cui

1Le Assemblee, vol. 1, p. 655.

OF THE PROVINCES OF

| | PARMA |

THE PROVISIONAL GOVERN-
MENT

The unanimous vote cast in 1848
by these Italian provinces:

The admirable firmness with which,
despising the flattery and terrors of a
government established by the for-
eigner, they have nevertheless per-
sisted in their purpose: |

The noble sacrifice of life made by
numerous volunteers who at the be-
ginning of the war flocked to the
ranks of the Italian army of the loyal
King Victor Emanuel; |

The irresistible manifestation of
the popular wrath before which the
fallen Government was obliged to
yield and withdraw.

The acts by which were . renewed
the act of union of the Elders, com-
posed of men elected by the fallen
Government ; |

The spontaneous adhesion of all
Corporations and constituted Author-
ities ;

The oath to King Victor Emanuel
given by all public functionaries ;

The popular subscriptions, which
though gathered in only a few places,
reached, in a few days, a great num-
ber ;

These are the. additional facts

492

irremovibile si appalesa il proposito
di queste italiane provincie;

Considerando tuttavia che, per
togliere un ultimo pretesto agli eterni
nostri avversari e far ancora una
volta consacrare il principio di unione
dalla sovranità popolare, unica, leggit-
tima fonte di ogni civile potere, è op-
portuna una nuova solenne votazione
col suffragio universale;

DECRETA:

ART. 1.
vincie Parmensi sono convocate solen-
nemente in comizi il giorno 14 di
questo mese per accettare o respingere
11 plebiscito seguente :

“Le popolazioni delle Provincie
Parmensi vogliono essere unite al
Regno di Sardegna sotto il Governo
costituzionale del Re Vittorio Eman-
uele II.” °

ART. 2. Sono chiamati a votare
tutti gli abitanti maschi delle Pro-
vincie Parmensi che abbiano l’età di
21 anni e godano dei diritti civili.

Art. 3. Ricevuto il presente De-
creto, i Podestà di ciascun Comune
apriranno immediatamente due regis-
tri in carta libera, l'uno di accetta-
zione, l’altro di rifiuto del plebiscito.
Nelle 48 ore del ricevimento del De-
creto stesso, i pretori o loro supplenti
si trasferiranno ai capiluoghi dei
Comuni della loro giurisdizione per
invigilare e render certa la formazione
e l’aprimento dei registri.

In caso d’impedimento o d’assenza
del Podestà, i pretori delegheranno o
un consigliere comunitativo o un no-
tabile del Comune a farne le veci.

Le popolazioni delle Pro- -

DOCUMENTS

which reveal the firmness of purpose
of these Italian provinces: Consider-
ing however, that, to prevent a final
protest from our perpetual adver-
saries and to reconsecrate the princi-
ple of union by the popular sovereign-
ty, the only legitimate source of all
civilized powers, a new and solemn
vote by universal suffrage is expedi-
ent;

DECREES:

ARTICLE 1. That the population
of the Provinces of Parma are sol-
emnly convoked to the polls on the
14th day of the month to accept or
reject the following plebiscite :

“ The people of the Provinces of
Parma wish to be united to the King- ~
dom of Sardinia under the constitu-
tional Government of King Victor
Emanuel II.”

Art. 2. That all the male inhab-
itants of the Provinces of Parma, 21
years old, enjoying civil rights, are
summoned to vote.

Art. 3. That upon receiving the
present decree, the Podestà of each
Commune shall immediately open two
registers, one for acceptation, the
other for refusal of the plebiscite.
Within 48 hours of receiving the de-
cree, the praetors, with their assist-
ants, shall transfer themselves to the
chief town of the communes of their
jurisdiction to watch over and render
certain the installment of the registers.

In case of obstacles or in the ab-
sence of the Podestà, the praetors
shall delegate either a councillor or a
notable of the Commune to take his
place.

ITALIAN NATIONAL ASSEMBLIES OF 1859

ART. 4. I registri dal 14 a tutto il
21 di questo mese rimarranno aperti
nell'Ufficio podestariale dalle ore 8 del
mattino alle 6 della sera.

I cittadini scriveranno o faranno
scrivere, caso che non sapessero, il
voto rispettivo sopra uno dei registri,
con menzione del loro nome e cog-
nome.

ART. 5. Spirato il termine stabil-
ito nell’articolo precedente, entro 24
ore al più tardi sarà constatato il nu-
mero dei voti espressi, e ciascun regis-
tro verrà chiuso e trasmesso dall’uffi-
ciale depositario all’Intendente gener-
ale o Intendente della Provincia. La
numerazione dei voti, la chiusura e la
trasmissione dei registri tenuti dai
Podestà sarà invigilata dai pretori.

ART. 6. Una Commissione com-
posta, in Parma, Piacenza, Pontre-
moli e Borgotaro, del presidente e del
regio procuratore dei Tribunali civili
e correzionali rispettivi e del notaio
più anziano del luogo; e in Borgo
San Donnino, del vice-presidente e del
regio vice-procuratore del Tribunale
civile e correzionale di Parma e del
notaio più anziano del luogo, farà im-
mediatamente l’enumerazione dei voti
espressi in ciascuna Provincia. Il
risultato delle operazioni sarà tras-
messo col mezzo più sollecito al presi-
dente della Corte Suprema di revi-
sione.

Art. 7. La numerazione generale
dei voti si farà in Parma da una Com-
missione composta del presidente e
del regio procuratore generale presso
la Corte Suprema di revisione, dell’-

493

Art. 4. That the registers shall
remain open from the 14th to the 21st
instant in the office of the Podestà,
from 8 A.M, to 6 P.M.

The citizens shall write, or in case
they cannot write, shall cause to be
written, their respective wishes upon
one of the registers, giving their
names and surnames.

ART. 5. At the end of the time
stated in the preceding article, with-
in 24 hours at the latest, the number
of votes shall be examined, and each
register shall be closed and trans-
mitted by the official depositary to the
Intendent General or the Intendent of
the Province. The counting of the
votes, the closing and transmission of
the registers held by the Podestà shall
be supervised by the praetors.

Art. 6. A Commission composed,
in Parma, Piacenza, Pontremoli and
Borgotaro, of the President and of
the Attorney General of the civil and
correctional courts respectively, and
of the eldest notary of the place; and
in Borgo San Donnino, of the Vice-
President and of the Assistant Attor-
ney General of the civil and correc-
tional courts of Parma and the eldest
notary of the place, shall count at once
the votes of each province. The re-
sult shall be carefully transmitted to
the President of the Supreme Court
of Revision.

ART. 7. The general counting of
votes shall be made in Parma by a
Commission composed of the Presi-
dent and Royal Attorney General of
the Supreme Court of Revision, of

494

archivista dello Stato in Parma, del
presidente e del segretario della Ca-
mera notarile in Parma.

Il risultato sarà reso noto dalla
Commissione stessa.

ART. 8. Le spese fatte dalla Am-
ministrazione comunale e dai pretori o
altri funzionari o impiegati saranno
pagate, dietro dichiarazione degli
stessi, dagli esattori delle contribu-
zioni dirette in ciascuna Provincia,
salvo il riconoscersi la legittimità delle
spese stesse dalla Camera dei conti.

Parma, 8 agosto 1859.

MANFREDI.

DOCUMENTS

the Keeper of the State Archives of
Parma, of the President and of the
Secretary of the Chamber of Notaries
in Parma. The result shall be made
public by the Commission.

ART. 8. The expenses of the Com-
munal Administration, of the praetors
and other functionaries or employees
shall be paid upon statement of the
aforesaid, by the collectors of the
direct taxes in each Province, subject
to the correction of the expenses by
the Chamber of Accounts.

Parma, August 8, 1859.

MANFREDI.

Convocation of the Electoral Constituencies for the Election of Deputies to a
Representative Assembly. August 30, 1859!

GOVERNO NAZIONALE DELLE
PROVINCIE MODENESI
E PARMENSI

IL DITTATORE

Veduto l’articolo 7 del decreto in
data del 19 agosto volgente, col quale
è disposto che entro il 29 dello stesso
mese debbono essere terminate le liste
degli elettori politici nelle provincie
parmensi, |

DECRETA :

ART. 1. I Collegi elettorali per la
nomina dei deputati all’ Assemblea dei
rappresentanti del popolo nelle pro-
vincie parmensi sono convocati pel di
4 del prossimo venturo mese di set-
tembre.

ART. 2. L’Assemblea è convocata

THE NATIONAL GOVERN-
MENT OF THE PROV-
INCES OF MODENA
AND PARMA

THE DICTATOR

° In view of Article 7 of the decree
dated August 19th, which orders that
by the 29th instant the lists of the
political electors of the provinces of
Parma should be finished.

DECREES :

ARTICLE 1. The Electoral Col-
leges for the election of Deputies to
the Assembly of Representatives of
the People of the Provinces of Parma
are convened for the 4th of next Sep-
tember.

Art. 2. The Assembly is con-

1Le Assemblee, vol. 1, p. 659. The electoral law, analogous to that of Modena and of
Bologna, was published in the decree of August 18, 1859, at Piacenza.

ITALIAN NATIONAL ASSEMBLIES OF 1859

in Parma pel di 7 del mese di settem-
bre suddetto.

ART. 3. Il Direttore dell’interno
nelle provincie parmensi è incaricato
dell'esecuzione del presente decreto.

Dato a Parma, li 30 agosto 1859
FARINI.

Il Direttore dell'interno
| ARMELONGHI

495

vened in Parma for the 7th day of
September.

ART. 3. The Director of the In-
terior of the Provinces of Parma is
charged with the execution of the
present decree.

Given at Parma, August 30th, 1859.

FARINI.
Director of the Interior,
ARMELONGHI

Decree of the Representative Assembly of the States of Parma Dethroning

the House of Bourbon.

L'ASSEMBLEA

dichiara che la dinastia Borbonica
non può restituirsi in questi Stati
senza conculcare i diritti di questi
popoli, senza offesa al sentimento na-
zionale, senza pericolo di nuove e più
grandi commozioni per tutta Italia. —
Dichiara per ciò non potere, nè richia-
marsi ne riceversi la dinastia Bor-
bonica a regnare nuovamente sulle
Provincie Parmensi.

September 11, 1859 !

THE ASSEMBLY

declares that the Bourbon Dynasty '
can not be restored in these States
without trampling upon the rights of
this people, without offending the na-
tional sentiment, without danger of
new and greater uprisings in all Italy.
For this reason it is declared that the
Bourbon Dynasty can not be recalled
or taken back to reign again over the
Provinces of Parma.

Decree of the same Assembly for Union with the Constitutional Kingdom of

Sardinia.

L'ASSEMBLEA DEI RAPPRE-
SENTANTI DELLE PRO-
_VINCIE PARMENSI:

Veduti gli atti di dedizione di queste
provincie al Regno Sardo nell’anno
1848;

September 12, 1859 ?

THE ASSEMBLY OF THE
REPRESENTATIVES OF
THE PROVINCES
OF PARMA:

In view of the dedicatory acts of
these Provinces to the Kingdom of
Sardinia in 1848;

1Le Assemblee, vol. 1, p. 704. The vote was by secret ballot and unanimous.
2 ibid., vol. 1, p. 715. The vote was by secret ballot and unanimous.

496

Vedute le recenti unanimi delibera-
zioni dei Municipi dello Stato;

Veduto il risultamento della vota-
zione diretta universale delle popola-
zioni di queste provincie per la aggre-
gazione loro al Regno di Sardegna;

Conferma e proclama l’unione delle
Provincie Parmensi al Regno costi-
tuzionale della dinastia di Savoia.

DOCUMENTS

In view of the recent unanimous
deliberations of the Municipalities of
this State;

In view of the result of the direct
and universal vote of the population
of these provinces for their union
with the Kingdom of Sardinia;

Confirms and proclaims the union
of the Provinces of Parma with the
Constitutional Kingdom of the Dy-
nasty of Savoy.

LomBARDY, 1859

The Congregation and the Municipality of Milan Attest the Unanimous Desire
| of the Population to Renew the Pact of 1848. June 5, 1859!

SIRE!

Il Corpo municipale di Milano è
orgoglioso d'usare uno de suoi più
preziosi privilegi, quello d'essere l’in-
terprete naturale de’suoi concittadini
nelle circostanze straordinarie, quan-
do la vita politica e la comunale si
confondono e si completano a vicenda,
per testimoniare alla Maestà Vostra
l'unanime voto della popolazione.

Essa vuol rinnovare il patto del'48
e riproclamare in cospetto della Na-
zione un fatto politico che undici anni
di fidente aspettazione e d’intemerata
lealtà avevano maturato in tutte le in-
telligenze e in tutti i cuori. L’annes-
sione della Lombardia al Piemonte fu
proclamata stamane quando ancora le
artiglierie del nemico potevano ful-
minarci e suoi battaglioni sfilavano

1Le Assemblee, vol. 1, p. 263.

SIRE!

The Municipal Body of Milan is
proud to exercise one of its most
precious privileges, that of being the
natural interpreter of its fellow citi-
zens in these extraordinary circum-
stances, in which the political and the
communal life so mingle and complete
each other, and to attest to Your Maj-
esty the unanimous desire of the
population.

It is their desire to renew the pact
of 1848 and to proclaim again before
the Nation a political fact which
eleven years of faithful waiting and
of fearless loyalty have brought to
maturity in all minds and in all
hearts. The annexation of Lom-
Lardy to Piedmont was proclaimed
this morning while yet the enemy
artillery might have been turned upon

ITALIAN NATIONAL ASSEMBLIES OF 1859

sulle nostre piazze. Siffatta unione è
il primo passo sulla via del nuovo
diritto pubblico che ridona alle nazioni
Varbitrio di sè medesime. L’eroico
. esercito di Vostra Maestà e quello del
generoso vostro Alleato, che proclamò
che l’Italia dev'essere libera dall’Alpi
sino all’Adriatico, compiranno in
breve la magnanima impresa.

Gradite intanto, Sire, l'omaggio
‚che la città di Milano vi manda per
mezzo nostro, e credete che una è la
voce che esce da tutti i cuori, uno il

grido nostro: Viva il Re! Viva lo
Statuto! Viva l'Italia!

Milano, il 5 giugno 1859.

Gli assessori municipali: ALBERTO

DI HERRA — MASSIMILIANO DE LEVA

— Francesco MARGARITA — Gio-.
VANNI UBoLDI DE CAPEI — FABIO
BORETTI — ACHILLE ROUGIER —

SILVA, segretario.

497

us and while their battalions were
marching across our squares. Such
a union is the first step on the path
of a new public law which gives back
to the nations the arbitrament of
their own destinies. The heroic army
of Your Majesty and that of Your
generous Ally, who proclaimed that
Italy should be free from the Alps to
the Adriatic, will shortly complete the
magnanimous enterprise.

Until then, Sire, accept the hom-
age which the city of Milan tenders
you through us, and be assured that
there is but one voice speaking from
all hearts, but one cry: “ Long live
the King! Long live the Constitu-
tion! Long live Italy!”

Milan, June 5, 1859.

Municipal Assessors: ALBERTO DI
HERRA — MASSIMILIANO DE LEVA —
FRANCISCO MARGARITA — GIOVANNI
UBoLDI DE CAPEI — FABIO BORELLI
— ACHILLE ROUGIER — SILVA, Sec-
retary.

The Communal Council of Milan Ratifies the Vote of the Municipal

Congregation.

Radunatisi oggi in via d’urgenza il
Consiglio comunale di questa citta, ed
informato delle disposizioni prese
dalla Congregazione municipale in
conseguenza degli attuali straordinari
eventi, il medesimo ha prese per ac-
clamazione le seguenti deliberazioni,
di cui la prima e la seconda fra le
grida unanimi da parte dei numerosi

1 Le Assemblee, vol. 1, p. 264.

June 6, 18591

The Communal Council of the city
summoned to-day in haste and in-
formed of the resolution taken by the
Municipality in consequence of the
extraordinary events which have
transpired, has adopted by acclama-
tion the following resolutions, of
which the first and the second were
given with the unanimous acclama-

498

intervenuti di: Viva il Re! Viva
l’Italia! e Viva l'Imperatore Napo-
leone!

I. Il Consiglio comunale approva
l'operato della Congregazione munici-
pale e fa proprio l'indirizzo di omag-
gio da lei spedito a S. M. il Re Vit-
torio Emanuele II, incaricandola di
far pervenire alla lodata M :S. un tale
voto della civica rappresentanza.

Milano, 6 giugno 1859.

DOCUMENTS

tions of the great number of those
who attended: “ Long live the King!
Long live Italy! and Long live the
Emperor Napoleon!”

I. The Communal Council ap-
proves the action of the Municipality *
and sanctions the address of homage
sent by it to H. M. King Victor
Emanuel II, instructing the congrega-
tion to send to Your Majesty a simi-
lar vote passed by the representatives
of the citizens.

Milan, June 6, 1859.

Proclamation of Victor Emanuel to the People of Lombardy *

Milano, 9 giugno 1859.
PoPOLI DI LOMBARDIA!

La vittoria delle armi liberatrici mi
conduce fra Voi.

Ristaurato il diritto nazionale, 1
Vostri voti raffermano l’unione col
mio regno, che si fonda nelle guaren-
tigie del vivere civile.

Dal Quartiere Generale principale
in Milano.
VITTORIO EMANUELE.

1 Zini, Storia d’Italia, vol. 2, pt. 2, p. 157.

June 9, 1859.
PEOPLE OF LoMBARDY!

The triumph of the armies of liber-
ation brings me amongst you.

The national right restored, your
votes have reaffirmed the union with
my kingdom, which is founded on the
guarantees of civilized life.

From the General Headquarters at
Milan.
VICTOR EMANUEL.

ITALIAN PLEBISCITES OF 1860-1870

TuscANY AND EMILIA, 1860

Dispatch of Lord John Russell to Earl Cowley, British Ambassador at Paris,
Containing the British Proposal of the “ Four Points”!

Foreign Office, January 15, 1860.
My Lorp:

It appears from the present aspect of affairs, that either the Congress
will not meet at all, or that, if it should meet, it must be divided by irrecon-
ciliable differences of opinion.

Between the doctrine that it will be the duty of a Congress to restore the
authority of the Pope in Romagna, and the doctrine that no force ought to be
used to impose a Government or Constitution on the people of Central Italy,
there can be no agreement.

Her Majesty's Government, hopeless of arriving at any general consent
by means of the Congress, have taken into their serious deliberation the pos-
sibility of devising some means by which the external and internal independ-
ence of Italy might, according to the preamble of the Treaty of Zurich, be
placed upon solid and durable bases. |

It is clear that the occupation of Rome and Bologna by the troops of
France and Austria during a period of unprecedented length in the history of
foreign occupations, has added a danger instead of creating a security. At
Bologna, no sooner were the Austrian troops withdrawn, than the people of
all classes, the highest as well as the lowest, abjured the temporal authority
of the Holy See. At Rome the wise councils which have from time to time
been given by the occupying Power have been rejected or neglected, and the
basis of a beneficent administration, calculated to secure the affections of the
people, has yet to be laid.

After the melancholy experience of ten years, ending in a sanguinary
war between the two Powers which jointly occupied the Roman States, is it
not time to resort to other means of pacification more consonant to the gen-
eral law of Europe, less provocative of discontent, and less calculated to sow
the seeds of war?

Her Majesty’s Government are greatly encouraged in such an attempt by
the communications they have received both from Paris and Vienna.

1 British Parliamentary Papers, Affairs of Italy [2636], p. 4.

500 DOCUMENTS

In accepting the invitation of France to attend a Congress you were in-
structed to say, that “ Her Majesty's Government, in adverting to the corre-
spondence which has passed between the Governments of Great Britain and
France since the signature of the Preliminaries of Villafranca, find that the
Emperor of the French has repeatedly declared himself opposed to the employ-
ment of force for the purpose of restoring the Grand Duke of Tuscany and
the Duke of Modena.

“Her Majesty's Government rely implicitly upon these declarations, and
they consider that an interference by external force to restore the authority
of the Pope in Romagna would be no less opposed to the views and intentions
of the Emperor of the French, than forcible intervention in the Duchies.”

When your Lordship read this despatch to Count Walewski, and placed a
copy of it in his Excellency's hands, no exception was taken to this statement.
On the contrary, you report that when you placed a copy of the despatch in
Count Walewski's hands, his Excellency, in thanking you for the communi-
cation, expressed the pleasure which the assent of Her Majesty’s Government
gave him.

The accuracy of the representation of the intentions of the Emperor of
the French, given in my despatch, is thus amply confirmed.

Upon this foundation, Her Majesty’s Government rest their hope that
propositions to the following effect might be accepted by the Emperor of the
French: —

1. That France and Austria should agree not to interfere for the future
by force in the internal affairs of Italy, unless called upon to do so by the
unanimous assent of the Five Great Powers of Europe.

2. That in pursuance of this agreement the Fperor of the French
should concert with His Holiness the Pope as to the evacuation of Rome by
the troops of France. The time and manner of that evacuation to be so
arranged as to afford the Papal Government sufficient opportunity to garrison
Rome with the troops of His Holiness, and to take every precaution against
disorder and outrage.

We trust that by previous arrangement and due preparation, the security
of His Holiness might be fully provided for.

Arrangements to be made for the evacuation of Northern Italy by the
troops of France at a convenient period.

3. The internal government of Venetia not to be in any way matter of
negotiation between the European Powers.

4. Great Britain and France to invite the King of Sardinia to agree not
to send troops into Central Italy until its several States and Provinces shall,
by a new vote of their Assemblies, after a new election, have solemnly declared
their wishes as to their future destiny. Should that decision be in favour of

TUSCANY AND EMILIA, 1860 501

annexation to Sardinia, Great Britain and France will no longer require that
Sardinian troops should not enter those States and Provinces.
You will read this despatch to M. Baroche, and give him a copy of it.
I am, &c.
(Signed) J. RusseLL.

Dispatch of Lord John Russell to Sir James Hudson, British Minister at
Turin?

Foreign Office, February 6, 1860.
SIR:

You will observe that the French Government, in agreeing to the fourth
proposal of Her Majesty's Government, make a reserve as to the mode in
which the vote of the people of Central Italy is to be taken.

So far as Her Majesty's Government are concerned, our views would be
satisfied if the actual law or practice of Tuscany, Modena, Parma, and Ro-
magna were observed.

We have never adopted universal suffrage for ourselves, and if that
suffrage is proposed by France, we should leave the different States and
Provinces to decide for themselves, both as to who should be the electors, and
as to the mode of election.

We have chiefly in view an election, not carried by intimidation, nor par-
taking of the excitement of the first outburst of the national feeling for inde-
pendence.

I am, &c.
(Signed) J. RUSSELL.

Proposition made by Thouvenel to Talleyrand for Transmission to the Sar-
dinian Government ?

Paris, le 24 février, 1860. Paris, February 24, 1860.
M. LE BARON, M. LE BARON,
En calculant toutes choses, M. le Taking everything into considera-

Baron, avec la ferme intention de tion, M. le Baron, with the firm in-
rechercher entre toutes les solutions tention of selecting among all solu-

1 British Parliamentary Papers, Affairs of Italy [2636], p. 36.
2 Ibid. [2638], pp. 10-12.

502

celle qui se concilie le mieux avec les
circonstances pressantes du moment,
et les convenances d'un avenir plus
calme, on arrive à reconnaitre qu'il
est grand temps de s'arréter á une
combinaison que l’on puisse offrir a
l'agrément de l’Europe, avec quelque
chance de la lui faire accepter, et qui
conserverait à la Sardaigne l’entier
exercice de l’influence normale qu’elle
a le droit de revendiquer dans la Pé-
ninsule.

Cette combinaison, dans l’opinion
múrement pesée du Gouvernement de
l'Empereur, serait la suivante:

1. Annexion complète des Duchés
de Parme et de Modene a la Sar-
daigne.

2. Administration temporelle des
Légations de la Romagne, de Ferrare,
et de Bologne, sous la forme d'un
Vicariat exercé par Sa Majesté Sarde
au nom du Saint Siége.

3. Rétablissement du Grand Duché
de Toscane dans son autonomie poli-
tique et territoriale.

Dans cet arrangement l'assimilation
bornée á la Lombardie, et aux Duchés
de Parme et de Modene, ne serait plus
une oeuvre á laquelle la Sardaigne
serait tenue de consacrer exclusive-
ment tous efforts ; le Cabinet de Turin
conserverait sa liberté d'action et
pourrait l’employer à consolider aussi,
pour sa part, la tranquillité en Italie,
pendant qu'il organiserait solidement
en un Royaume compact, les terri-
toires ajoutés aux possessions hérédi-
taires du Roi Victor Emanuel.

Le Vicariat s’accorderait avec

DOCUMENTS

tions the one best suited to the press-
ing circumstances of the moment and
the prospects of a calmer future, it
will be admitted that it is high time
to agree on a combination that may
be offered to Europe with some
chance of being accepted, and which
would preserve to Sardinia the full
exercise of the normal influence which
she has a right to claim in the Penin-
sula

Such a combination, in the opinion,
maturely weighed, of the Government
of the Emperor, is as follows :

1. Complete annexation of the
Duchies of Parma and Modena to
Sardinia.

2. Temporal administration of the
Legations of the Romagna, of Fer-
rara, and Bologna, under the form of
a Vicariat exercised by His Sardinian
Majesty, in the name of the Holy
See.

3. Re-establishment of the Grand
Duchy of Tuscany in its political and
territorial autonomy.

In this arrangement, the assimila-
tion confined to Lombardy and to the
Duchies of Parma and Modena would
no longer be a work to which Sar-
dinia would be bound to devote all her
efforts exclusively ; the Turin Cabinet
would preserve its liberty of action
and might exercise it in establishing
also, for its part, tranquillity in Italy,
while organizing firmly in a compact
kingdom the territories added to the
hereditary possessions of King Victor
Emanuel.

The Vicariat would be in harmony

TUSCANY AND EMILIA, 1860

l'esprit municipal qui est une tradi-
tion séculaire dans les Romagnes,
comme avec l'influence naturelle que
doit désirer exercer la Puissance deve-
nue maitresse de la plus grande partie
du bassin du Po.

Ce que j'ai dit, M. le Baron, de la
nécessité de prévenir les dangers aux-
quels la Sardaigne se trouverait ex-
posée, si elle poursuivait d’autres
agrandissements, s'applique plus par-
ticulièrement à la Toscane. L'idée
de l’annexion du Grand Duché, c'est-
a-dire, de l’absorption dans un autre
Etat d’un pays doté d’une si belle et
si noble histoire, et si attaché jusqu'ici
à ses traditions, ne peut parvenir as-
surément que d’une aspiration dont il
est impossible au Gouvernement de
l'Empereur de méconnaitre le danger,
et qu'il est loin de croire partagée par
la masse de la population. Cette as-
piration il ne faut pas s’y tromper,
quelles que soient aujourd'hui, je n'en
doute pas, les intentions correctes du
Gouvernement de Sa Majesté Sarde,
révele, de la part de ceux qu'elle en-
traine, une arrière-pensée de guerre
contre 1'Autriche pour la conquéte de
la Vénétie, et une arrière-pensée, sinon
de révolution, tout au moins de me-
nace pour la tranquillité des Etats du
Saint Siege, et du Royaume des Deux
Siciles. L’opinion ne s’y tromperait,
ni en Italie ni ailleurs, et les questions
qu'il s'agit d'apaiser ne feraient que
se rouvrir avec une violence nouvelle.

503

with the municipal spirit which is a
secular tradition in the Romagnas, as
well as with the natural influence
which the Power ought to wish to
exercise that has become mistress of

the greater portion of the valley of
the Po.

What 1 have said, M. le Baron, of
the necessity of anticipating the dan-
gers to which Sardinia might be ex-
posed if she sought further aggran-
dizements, is more particularly ap-
plicable to Tuscany. The idea of the
annexation of the Grand Duchy, that
is to say, the absorption in another
State of a land gifted with so beauti-
ful and so noble a history, and so at-
tached, hitherto, to its traditions, can-
not assuredly emanate except from an
aspiration, the danger of which it is
impossible for the Government of the
Emperor to disown, and which it is
far from believing to be shared by the
mass of the population. That aspira-
tion, there must be no delusion, what-
ever may be at the present moment, I
doubt not, the correct intentions of
the Sardinian Government, reveals on
the part of those whom it carries
along with it an arriére-pensée of a
war against Austria for the conquest
of Venetia, and an arriére-pensée, if
not of revolution, at least of menace
for the tranquillity of the States of
the Holy See and of the Kingdom of
the Two Sicilies. Public opinion
would not be deceived in Italy or else-
where, and the questions which it is
our object to settle, would only be re-
opened with fresh violence.

504

Le Gouvernement de l’Empereur,
sans se dissimuler les difficultés qui
resteraient à résoudre pour amener le
triomphe de la situation, à laquelle, si
le Cabinet de Turin y adhérait, il con-
sacrerait ses efforts les plus éner-
giques et les plus persévérantes, à la
confiance que ces difficultés ne seraient
pas insurmontables. Certain d’ail-
leurs d’opérer sur une base de nature
à satisfaire completement la France et
la Sardaigne, a pacifier l’Italie pour
une longue période, et enfin à ne con-
trarier d'une facon trop absolue aucun
des intérêts que l’Europe a le droit et
le devoir de placer moralement sous la
sauvegarde, le Gouvernement de Sa
Majesté non seulement n'hésiterait
pas à s'engager à prendre dans une
Conférence ou dans un Congrès la
défense d’une semblable combinaison,
mais il la proclamerait comme étant
inattaquable, à ses yeux, par une inter-
vention étrangère. Dans cette hypo-
thèse donc, la Sardaigne serait sure
de nous avoir avec elle, et derrière
elle. Vous étes autorisé à déclarer
formellement à M. le Comte de Ca-
vour.

Ai-je besoin maintenant, M. le
Baron, de bien longs détails pour ex-
pliquer quelle serait notre attitude si
le Cabinet de Turin, libre dans son
option, préférait courir tous les
hasards que j'ai signalés en le con-
jurant de les éviter? L'hypothèse
dans laquelle le Gouvernement de Sa
Majesté Sarde n'aurait qu’à compter
sur ses seules forces, se développe, en
quelque sorte, d’elle-même, et il me
serait pénible de m'y appesantir. Je

DOCUMENTS

The Government of the Emperor,
without overlooking the difficulties
which would remain to be overcome
to secure the triumph of the solution
to which, if the Turin Cabinet would
assent, it would devote its most ener-
getic and persevering efforts, enter-
tains the confidence that those diff-
culties would not be insurmountable.
Certain, moreover, of operating upon
a basis of a nature to satisfy com-
pletely France and Sardinia, to pacify
Italy for a long period, and finally,
not to clash in too absolute a manner
with any of the interests which Eu-
rope has the right and duty morally to
watch over, the Government of His
Majesty would not only not hesitate
to engage to take, in a Conference or
Congress, the defence of such an ar-
rangement, but it would proclaim it
as unassailable, in its eyes, by foreign
intervention. In this hypothesis,
then, Sardinia would be sure of hav-
ing us with her and behind her. You
are authorized to declare this formal-
ly to Count Cavour.

Do I need now, M. le Baron, very
long details to explain what would be

‘ our attitude if the Turin Cabinet, free

in its option, should prefer to run all
the risks which I have pointed out
while advising it to avoid them? The
hypothesis in which the Government
of His Sardinian Majesty would have
to rely only on its own forces develops
itself, so to say, naturally, and it
would be painful for me to dwell upon
it. I therefore confine myself to say-

TUSCANY AND EMILIA, 1860 505

me borne donc à vous dire, par ordre
de l’Empereur, que nous ne consen-
tirions á aucun prix á assumer la res-
ponsabilité d'une pareille situation.
Quelles que soient ses sympathies pour
l'Italie, et notamment pour la Sar-
daigne, qui a mêlé son sang au notre,
Sa Majesté n'hésiterait pas à témoig-
ner de sa ferme et irrévocable résolu-
tion de prendre les intéréts de la
France pour guide unique de sa con-
duite. . . .

Je ne terminerai pas cette dépeche,
M. le Baron, sans vous dire quelques
mots de la Savoie et du Comté de
Nice. Le Gouvernement de l'Em-
pereur a regretté la discussion préma-
turée et inopportune dont cette ques-
tion a été l’objet de la part des jour-
naux, mais il ne saurait ne pas la
prendre pour l'expression d'une opi-
nion qui se fortifie chaque jour et avec
laquelle il lui faut compter. Des tra-
ditions historiques qu'il est inutile de
rappeler ont accrédité l'idée que la for-
mation d'un Etat plus puissant au
pied des Alpes serait défavorable à
nos intérêts, et bien que dans la com-
binaison dévéloppée dans cette dépêche
l'annexion de tous les Etats de l'Italie
Centrale à la Sardaigne ne füt pas
complète, il est certain qu’au point de
vue des relations extérieures, elle
équivaudrait en réalité à un résultat
analogue. Les mêmes prévisions, si
éloignées qu'elles soient assurément,
réclament les mêmes garanties, et la
possession de la Savoie et du Comté
de Nice, sauf les intérêts de la Suisse,
que nous désirons toujours prendre
en considération, se présente aussi à

ing, by the Emperor's orders, that we
would not consent, at any price, to
take upon ourselves the responsibility
of such a situation. Whatever may
be his sympathies for Italy, and espe-
cially for Sardinia, which has mingled
its blood with ours, His Majesty
would not hesitate to evince his firm
and irrevocable resolve to take the in-
terests of France as the sole guide of
his conduct. . . .

I shall not conclude this despatch,
M. le Baron, without saying a few
words respecting Savoy and the
County of Nice. The Government of
the Emperor has regretted the pre-
mature and inopportune discussion of
this question in the public journals:
but it cannot refrain from taking it
as the expression of an opinion which
daily gains in strength, and with
which it must deal. Historical tradi-
tions, which it is needless to recall,
have accredited the idea that the
formation of a more powerful State
at the foot of the Alps would be un-
favourable to our interests; and al-
though, in the arrangement developed
in this despatch, the annexation of all
the States of Central Italy to Sardinia
should not be complete, it is certain
that in the point of view of external
relations it would be equivalent, in
reality, to an analogous result. The
same provisions, however distinct they
may actually be, claim the same guar-
antees: and the possession of Savoy
and of the County of Nice, with a
reservation for the interests of
Switzerland, which we always desire

506

nous, dans cette hypothese, comme
une nécessité géographique pour la
sûreté de nos frontières. Vous de-
vrez appeler sur ce point l’attention de
M. Comte de Cavour, mais vous lui
déclarerez, en même temps, que nous
ne voulons pas contraindre la volonté
des populations, et que le Gouverne-
ment de l'Empereur, en outre, ne man-
querait pas, lorsque le moment lui
paraitrait venu, de consulter préala-
blement les Grandes Puissances de
l'Europe, afin de prévenir une fausse
interprétation des raisons qui diri-
geraient sa conduite.

Vous voudrez bien lire cette dépêche
à M. le Comte de Cavour, et lui en
remettre une copie.
Agréez, &c.
(Signé) THOUVENEL.

DOCUMENTS

to take into account, also presents it-
self to us in that hypothesis as a geo-
graphical necessity for the safety of
our frontiers.

You must, therefore, call the at-
tention of Count Cavour to this point;
but you will state to him, at the same
time, that it is not our wish to con-
strain the will of the populations, and
that the Government of the Emperor,
moreover, would not fail, when the
moment should appear to it to have
arrived, to consult first the Great
Powers of Europe, so as to prevent a
false interpretation of the reasons that
would direct its conduct.

You will please read this despatch
to Count Cavour, and leave him a
copy.

I beg, etc.
(Signed) THOUVENEL.

Dispatch of Cavour to the Governors of Emilia and Tuscany, Concerning the
Proposttion made by the French Government *

A S. E. il signor barone Ricasolt,
Presidente del Governo della Toscana,
Firenze; ed a S. E. il sig. cav. Farini,
Governatore delle Provincie dell’
Emilia, Modena.

Torino, li 29 Febbraio 1860.
ECCELLENZA,

Il barone di Talleyrand, per ordine
del Governo di Francia, mi ha dato
ieri lettura e copia del dispaccio che
mi pregio di comunicare qui unito
alla E. V. Esso contiene l’esposizione
delle idee dell'Imperatore dei Fran-

1 Zini, v. II, pt. 2, document No. 259 C.

To H. E. Baron Ricasoli, President
of the Tuscan Government, Florence;
and to H. E. Cav. Farini, Governor
of the Provinces of Emilia, Modena.

Turin, February 29th, 1860.
EXCELLENCY:

Baron Talleyrand, by order of the
French Government, gave me yester-
day the text and copy of the dispatch
which I have the honor to remit to
Your Excellency, here enclosed. It
contains a statement of the ideas of

TUSCANY AND EMILIA, 1860

cesi intorno all'assetto da darsi alle
cose dell'Italia centrale, idee che si
riassumono nelle tre proposizioni
seguenti;

I Ducati di Parma e Modena ver-
rebbero immediatamente riuniti al
Piemonte senza interrogare nuova-
mente il suffragio popolare.

Le Romagne formerebbero un
Vicariato posto sotto l’alta sovranità
della S. Sede, e governate da S. M.
che assumerebbe tosto l’amministra-
zione.

La Toscana poi sarebbe costituita
in regno separato sotto un principe
liberamente eletto dalla popolazione.

Il Governo Francese non esprime
alcuna preferenza intorno alla scelta
del futuro sovrano, ma da verbali ed
autentiche assicurazioni mi consta che
la elezione di un Principe di Casa Sa-
voia non incontrerebbe per parte della
Francia opposizione alcuna.

Dopo aver presi gli ordini di S. M.,
ho risposto al barone di Talleyrand,
che il Governo del Re dal canto suo
non moveva difficoltà contro il divi-
sato assestamento, e che, trasmettendo
ai Governi della Toscana e dell’ Emilia
le proposizioni sovraesposte, le
avrebbe confidate al senno degli
uomini che reggono la cosa pubblica
in quei paesi.

A questo fine io mi rivolgo all’E. V.
ed io non dubito che il Governo della
Toscana (della Emilia) nel prendere
notizia dell’annesso documento, con-
sidererà che 1 consigli dati alla Tos-
cana (Emilia) provengono dal ge-
neroso alleato a cui l’Italia è in gran

507

the French Emperor regarding the
form to be given to the affairs of Cen-
tral Italy, ideas summed up in the
three following propositions :

The Duchies of Parma and Mo-
dena would be immediately united to
Piedmont without again consulting
the popular vote.

The States of Romagna would be
formed into a Vicariate placed under
the high sovereignty of the Holy See,
and governed by H. M. who would
assume at once the administration.

Tuscany would be made into a
separate Kingdom, under a Prince
freely elected by the people.

The French Government does not
express any preference regarding the
choice of the future sovereign, but
from verbal and authentic informa-
tion I am assured that the election of
a Prince of the House of Savoy would
meet with no opposition on the part
of France.

After having taken his Majesty’s
orders, I replied to Baron Talleyrand,
that the Government of the King of-
fered no difficulty in the way of the
proposed adjustment, and that, sub-
mitting the above mentioned proposi-
tions to the Governments of Tuscany
and Emilia, I entrust them to the good
sense of the men who manage public
affairs in those countries.

To this end I turn to Your Excel-
lency and I do not doubt that the
Government of Tuscany (of Emilia)
in taking notice of the enclosed docu-
ment, will consider that the advice
given to Tuscany (Emilia) comes
from the generous ally to whom Italy

508

parte debitrice dei nuovi destini a cui
è chiamata.

Quindi è che mentre il dispaccio del
Gabinetto Francese non dev'essere
fatto di pubblica ragione, sarà peral-
tro conveniente che non si ignori dal
pubblico l’origine delle proposte che
le trasmetto.

lo non dissimulo tuttavia che ne
ella, nè 1 suoi colleghi non vorranno
togliere sopra di sè la responsabilità
di una deliberazione terminativa senza
consultare nuovamente la Nazione che,
per mezzo dell’ Assemblea a cio eletta,
già aveva manifestati i suoi voti.

In contemplazione di un tale evento,
S. M. il Re, riconoscendo l’oppor-
tunità di un nuovo voto, lascia all’E.
V. piena balia intorno al modo d'in-
terrogare la volontà delle popolazioni,
e si affida che il Governo porrà ogni
cura affinchè, come pel passato, le
elezioni si compiano con tutta lealtà
e sincerità.

Qualunque sia per essere il risul-
tato di questo voto, il Governo del Re
lo accetta anticipatamente, non avendo
esso avuto altro intento mai fuorchè
quello d'assicurare la pace e l'ordina-
mento d’Italia, mercè del legittimo
soddisfacimento dei voti dei popoli.

Gradisca i sensi dell’alta mia con-
siderazione.

C. Cavour.

DOCUMENTS

is in great part indebted for the new
destinies to which she is called.

Therefore, while the dispatch of
the French Cabinet should not be sub-
mitted to the public, it would, how-
ever, be desirable not to keep the
public in ignorance of the origin of
the proposals which I transmit to you.

I realize, however, that neither you
nor your colleagues would wish to as-
sume the responsibility of a definite
decision without consulting again the
Nation which had already manifested
their votes, by means of an Assembly
elected for that purpose.

In consideration of such an event,
H. M. the King, recognizing the ad-
visability of a new vote, leaves Your
Excellency full powers regarding the
way of interrogating the will of the
population, and trusts that the Gov-
ernment will use all possible care, as
in the past, that the elections shall be
held with loyalty and sincerity.

Whatever may be the result of this
vote, the King's Government accepts
it beforehand, never having had any
other intention than that of insuring
the peace and reconstruction of Italy,
according to the legitimate satisfac-
tion of the votes of the people.

Please accept the expression of my
highest regard.

C. CAVOUR.

TUSCANY AND EMILIA, 1860

509

Reply of Ricasoli, Governor of Tuscany *

A S. E. il conte di Cavour, Presi-
dente del consiglio det Ministri
Torino. |

Firenze, 4 marzo 1860.
ECCELLENZA,

Ricevo el dispaccio che l'E V. mi
ha fatto l’onore d'indirizzarmi da
Torino in data del 29 prossimo per-
duto Febbraio, contenente l’esposi-
zione delle idee di S. M. l'Imperatore
dei Francesi intorno all’assetto da
darsi alle cose dell’Italia centrale.

La Toscana ripugnerebbe certa-
mente a lasciarsi assorbire da un paese
straniero eterogeneo, che la volesse
uguagliare a sè in una condizione di
relativa barbarie; ma più la si reputa
avanzata nella civilità, e tenera di
questo suo privilegio, e più le si deve
supporre l'intelligenza delle condi-
zioni atte a custodire e far valere
questa sua dote.

Ora per quanto grande sia la de-
ferenza che il Governo della Toscana
professa e sente di dover professare
per debito di gratitudine verso il go-
verno dell'Imperatore dei Francesi e
verso il Governo di S. M. il Re, tut-
tavia egli confida che l’uno e l’altro
facilmente comprenderanno non essere
nei suoi poteri accettare per la Tos-
cana un assetto differente da quello

ecc.

To H. E. Count Cavour, President
of the Council of Ministers, etc.
Turin.

Florence, March 4, 1860.
EXCELLENCY:

I am in receipt of the dispatch
which Your Excellency has done me
the honor to send me from Turin,
under date of the 29th of last Febru-
ary, a letter containing a statement of
the ideas of His Majesty, the Emper-
or of the French, concerning the form
to be given to the affairs of Central
Italy.

Tuscany would most certainly re-
sent being absorbed by a heterogenous
foreign country, which aimed to re-
duce her to a condition of relative
barbarity ; but the more she considers
herself advanced in civilization, and
proud of her privilege, the more one
must accord to her the knowledge of
the conditions necessary to preserve
and assert these qualities.

However great may be the defer-
ence which the Tuscan Government
professes, and feels in duty bound to
profess, in gratitude towards the
Government of the French Emperor,
and towards the Government of H.
M. the King, nevertheless she trusts
that both the one and the other will
easily comprehend that it is not in
her power to accept for Tuscany a

1 Zini, vol. II, pt. 2, No. 259 E. For the reply of Farini, similar in purport, see ibid., No.

259 D.

510

evidentemente voluto dalla popola-
zione e deliberato dall'assemblea.

Governo e popolo in Toscana dalle
replicate assicurazioni contenute negli
atti ufficiali e diplomatici del Governo
francese, hanno dovuto trar la cer-
tezza che rimaneva loro libertá pienis-
sima di disporre di sé e che i loro liberi
voti sarebbero guarentiti contro ogni
intervento straniero.

L’ultima comunicazione dell’E. V.
mi trasmetteva le quattro proposizioni
dell’Inghilterra per l’assetto definitivo
- dell’Italia centrale, e faceva sperare
che mercé del generoso patrocinio
dell'Imperatore dei Francesi, sortireb-
bero buon esito.

Secondo quelle proposizioni, e presi
gli opportuni concerti col Governo
delle RR. provincie dell Emilia, venni
nella determinazione di accettare
qualunque forma venisse consigliata
di nuova votazione col fine di consta-
tare la indole e la veracità dei senti-
menti di queste popolazioni. Quando
questa forma non fosse prima deter-
minata, stabilii d’accordo col Gov-
ernatore Farini che avremmo scelta
la più larga e la più solenne, quella
cioè del suffragio universale.

Fra le altre considerazioni che ci
determinavano a questa scelta, non ul-
tima, nè meno influente nell’animo
nostro era la considerazione che il
suffragio universale doveva essere
meglio accetto al governo imperiale,
siccome quello che è la base delle in-
stituzioni, e il fondamento della legit-
timità dell’attuale Impero francese.

DOCUMENTS

different arrangement from that evi-
dently desired by the population, and
deliberated in the Assembly.

From the repeated assurances con-
tained in the official and diplomatic
acts of the French Government, the
Government and the people of Tus-
cany have accepted it as certain that
full liberty remains to them to dis-
pose of themselves, and that their free
votes would be guaranteed against all
foreign intervention.

The last communication of Your
Excellency transmitted to me the four
propositions of England for the final
arrangement of Central Italy, and led
us to hope, that, thanks to the gener-
ous patronage of the French Emperor,
a good result would follow.

In accordance with those proposi-
tions, and having taken the necessary
steps with the Government of the
Royal Provinces of Emilia, I came to
the determination to accept whatever
form of suffrage might be advised, in
order to make sure of the inclination
and the real sentiments of the people.

Where this form had not been al-
ready determined upon, I decided, to-
gether with Governor Farini, to
choose the broader and more solemn
form, that of universal suffrage.

Among the other considerations
that determined our choice, not the
last nor least influential was the con-
sideration that universal suffrage
would be the most acceptable to the
Imperial Government, as it is the basis
of its institutions, and the foundation'
of the legitimacy of the present
French Empire.

TUSCANY AND EMILIA, 1860 511:

Il tempo dell'applicazione poi ci
parve opportunamente indicato dal
momento che S. M. il Re convocasse il
Parlamento nazionale.

V. E. non ignora che fino dal gen-
naio ultimo caduto, i Governi dell’-
Emilia e della Toscana, promulgato
lo statuto e la legge elettorale del
regno sardo, prescrissero quindi le
operazioni preliminari delle elezioni,
determinati ad ordinarne il compi-
mento quando S. M. le intimasse negli
Stati ereditari ed annessi.

Cosi facendo, tutto ci confermava
nell'opinione di essere nel nostro di-
ritto, poichè avevano ordinatamente
proceduto, da canto nostro seguendo
la volontà dei popoli da noi amminis-

trati, negli atti di annessione, senza :

che l'Europa si risolvesse a stringersi
in quel congresso, dove si avevano da
discutere le nostre sorti. Era tempo
di uscire da una incertezza e da un
provvisorio pieno d'insidie e di peri-
coli: il linguaggio della politica im-
periale, e principalmente della - nota
del Signor Thouvenel, in data del 31
gennaio, ci confermava in tali giudizi.

Ci parve opportuno pertanto di de-
terminare con un’ultima e risolutiva
Prova se questi popoli avessero da
concorrere alle elezioni del parlamento
nazionale; e prescrivemmo col decreto
del primo marzo, di cui ebbi l’onore di
inviar copia all’E. V., i modi e i ter-
mini di una nuova votazione per suf-
fragio universale e scrutinio segreto.

Posteriormente a questi fatti mi

The opportune time to adopt this
seemed to us to be indicated by the
convocation of the National Parlia-
ment by H. M. the King.

Your Excellency is not in igno-
rance of the fact that last January
the Governments of Emilia and of
Tuscany, having promulgated the
Constitution and electoral law of the
Kingdom of Sardinia, afterwards
prescribed the preliminary operations
of the elections, determined to order
their fulfillment when H. M. should
intimate the same in his hereditary
and annexed States.

Proceeding thus, everything con-
firmed our opinion that we were with-
in our rights, because everything on
our side had proceeded towards an-
nexation in orderly fashion in accord-
ance with the will of the people we
administered, unless Europe should
resolve to meet in that congress where
our destiny was to be decided. The
imperial politica] language, and prin-
cipally the note of Signor Thouvenel,
dated January 31, confirmed our Judg-
ment that it was time to issue from
uncertainty, and from a provisional
state, full of snares and dangers. It
seemed opportune to us, meanwhile,
to determine by a last and decisive
proof, if this people were to take part
in the elections to the national parlia-
ment, and we prescribed the means
and terms of a new vote by universal
suffrage and secret ballot by a decree
of March lst, of which I had the
honor to send Your Excellency a
copy.

After these events I received the

512

pervenivano le comunicazioni dell’E.
V. colla esposizione delle idee fran-
cesi sulla questione dell’Italia centrale.
Considero come debito della lealtà del
Governo il divulgare quelle idee fra
i Toscani; e son pago che l’interrogarli
che noi facciamo per mezzo del suf-
fragio universale non contraddica al
desiderio dell'Imperatore, verso del
quale i titoli della gratitudine di questa
come delle altre popolazioni d'Italia
sono molti e grandissimi.

Mentre però mi giova ripetere che
il Governo Toscano non poteva assu-
mere sopra di sè, dirimpetto al man-
dato assoluto dell'Assemblea, la re-
sponsabilità di una risoluzione termi-
nativa, posso guarentire all'E. V. che
sará mantenuta la piena e assoluta
libertà del voto, affinchè dall'urna del
suffragio universale pura e schietta
esca la manifestazione della volontà
nazionale.

Potrà l'E. V., se lo crede opportuno,
comunicare queste considerazioni al
barone di Talleyrand, e farne quell’uso
che riputerà migliore.

Gradisca, Eccellenza, le assicura-
zioni della mia distintissima consid-
erazione.

B. RICASOLI.

DOCUMENTS

communication from Your Excellency
with the statement of the French ideas
upon the question of Central Italy.
I consider it obligatory on the loy-
alty of the Government to publish
these ideas among the Tuscans; and I
am satisfied that the inquiry which we
shall make by means of universal suf-
frage will not contradict the desire of
the Emperor, towards whom this
and other states of Italy owe a deep
debt of gratitude.

While, however, I repeat that the
Tuscan Government could not as-
sume, in face of the absolute mandate
of the Assembly, the responsibility of
a decisive resolution, I can guarantee
Your Excellency, that the full and ab-
solute freedom of the vote will be
maintained, in order that from the
ballot urns of universal suffrage the
manifestation of the national will may
issue pure and undefiled.

Should you think it worth while,
Your Excellency, you might commu-
nicate these considerations to Baron
Talleyrand, and make of them what
use you see fit.

Accept, Excellency, the assurances
of my most distinguished considera-
tion.

B. RICASOLI.

TUSCANY AND EMILIA, 1860

513

Decree of the Tuscan Government Proclaiming a Plebiscite on the Question of

Union with the Constitutional Kingdom of Victor Emanuel.

1860 *

REGNANDO S. M. VITTORIO
EMANUELE

IL R. GOVERNO DELLA TOSCANA

Visti i decreti del 20 gennaio, coi
quali furono promulgati in Toscana
lo Statuto Costituzionale e la legge
elettorale del Regno di Sardegna;

Visto il decreto di S. M. il Re Vit-
torio Emanuele, col quale sono con-
vocati pel 25 marzo corrente i collegi
elettorali al fine di eleggere i deputati
al Parlamento Nazionale;

Considerando che prima della ri-
unione del Parlamento Nazionale è
necessario che la Toscana abbia un as-
setto definitivo; |

Considerando che l'Assemblea tos-
cana nel di 20 agosto 1859 deliberd
con suffragio unanime la unione alla

Monarchia Costituzionale di Casa Sa- .

voia;

Considerando che ad avvalorare 1
voti dell Assemblea giova ora il con-
sultare direttamente il popolo toscano
con ogni ampiezza di forme legali,
ed anche in confronto di un’altra pro-
posta discussa in Europa, mentre si
ha sicurtà che, qualunque sia il voto
popolare, esso sarà rispettato e fatto
rispettare;

March 1,

IN THE REIGN OF HIS MAJ-
ESTY, VICTOR EMANUEL

THE ROYAL GOVERNMENT OF TUSCANY

In view of the decrees of the 20th
of January, promulgating in Tuscany
the Constitutional Statute and the
electoral law of the Kingdom of Sar-
dinia ;

In view of the decree of His Maj-
esty the King Victor Emanuel, call-
ing together the electoral colleges for
the 25th of March instant, to elect
the deputies to the National Parlia-
ment;

Considering the necessity that Tus-
cany should be definitively in a settled
position before the meeting of the Na-
tional Parliament; |

Considering that the Tuscan As-
semblv, on the 20th of August, 1859,
unanimously resolved on union with
the Constitutional ‘Monarchy of the
House of Savoy;

Considering that, with a view to
rendering available the votes of the
Assembly, it is expedient to consult
the Tuscan people directly, with full
legal forms, and also in view of an-
other proposition discussed in Europe,
having the assurance that whatever
the popular vote may be, it will be re-
spected, and the respect will be en-
forced; OS

1 Le Assemblee, vol. 5, p. 750. Translation from British Parliamentary Papers, Affairs of

Italy, pt. 3, 1860, vol. 67 [2638], p. 37.

514

Considerando che in questo modo si
toglie ogni dubbio all'Europa sulla
piena libertà dei voti precedenti, e
sulla sincerità e costanza della volontà
nazionale;

In virtù dei poteri conferiti dall’-
Assemblea per il compimento dei suoi
voti,

DECRETA:

ART. 1. II popolo toscano è solen-
nemente convocato nei comizi i giorni
11 e 12 marzo 1860 per dichiarare la
sua volontà sulle due seguenti pro-
| poste:

Unione Alla Monarchia Costituzionale
del Re VITTORIO EMANUELE,
ovvero
Regno Separato

Art. 2. Son chiamati a dare il
voto tutti i toscani, che hanno com-
piuti i 21 anni, e che godono dei diritti
civili;

ART. 3. I gonfalonieri ed i Col-
legi dei priori prima del giorno 11
marzo formeranno una lista di tutti

gli individui domiciliati nella Comu-

nità da sei mesi, e che abbiano com-
piuti gli anni 21.

A questo effetto invieranno alle
Parrocchie comprese nella respettiva
Comunità persone di loro fiducia per
eseguire lo spoglio dei libri dello stato
di anime di ciascuna Parrocchia.

Gli acattolici che sono cittadini tos-
cani anderanno personalmente a darsi
in nota all’uffizio comunale del luogo
ove dimorano.

Per gli israeliti le Cancellerie delle
Università trasmetteranno le note

DOCUMENTS

Considering that in .this way all
doubt will be dissipated in Europe,
relative to the complete freedom of
the former votes, and to the sincerity
and firmness of the national will;

In virtue of the powers conferred
on the Assembly for carrying its
wishes into effect,

DECREES :

ARTICLE 1. The Tuscan people is

solemnly called together in assem-

blies on the 11th and 12th days of
March, 1860, to declare their wishes
on the two following propositions :

Union with the Constitutional Mon-
archy of King Victor EMANUEL
or
Separate Kingdom

ArT. 2. All Tuscans of the full
age of 21 years, and in the possession
of civil rights, are called upon to give
their votes.

ART. 3. The mayors and alder-
men shall, previously to the 11th day
of March, make out a list of all per-
sons who have been for six months
resident in the commune and have
completed their 21st year.

For this purpose they shall send
trustworthy persons to the parishes
included in their respective communes,
to make abstracts from the parish

| registers of each parish.

Non-catholics who are citizens of
Tuscany shall go in person to register
themselves at the communal office of
the place where they reside.

In regard to Jews, the chanceries
of the universities shall transmit

TUSCANY AND EMILIA, 1860

degli individui, che si trovano nelle
condizioni richieste per dare il voto,
ai gonfalonieri delle Comunità nelle
quali dimorano.

Art. 4. Coloro che non essendo
iscritti sulle liste faranno constare di
avere le condizioni contemplate nell’-
art. 2, saranno ammessi alla votazione.

ART. 5. Il suffragio sara dato per
schede a scrutinio segreto.

Art. 6. Lo scrutinio sarà aperto
nel capoluogo di ogni Comunità nei
due giorni sopra indicati 11 e 12
marzo dalle ore 8 del mattino sino alle
5 della sera.

I gonfalonieri per mezzo di notifi-
cazioni da affigersi ad ogni Parroc-
chia ecciteranno i cittadini a rendere
il loro voto.

ART. 7. I gonfalonieri hanno fa-
coltà di dividere il collegio in quel
numero di sezioni che crederanno con-
veniente.

ART. 8. I gonfalonieri incariche-
ranno cinque consiglieri comunali, o
‘in mancanza di essi cinque probi cit-
tadini, di presiedere ciascuna delle
sezioni. Due almeno di questi si tro-
veranno sempre presenti alla vota-
zione. Essi potranno farsi assistere
da segretari da loro nominati.

ArT. 9. Ogni votante deporrà
nell'urna a ciò destinata una scheda
manoscritta o stampata esprimente la
sua volontà in questa formula:

Unione Alla Monarchia Costituzionale
del Re Vittorio Emanuele ovvero in
quest'altra

Regno Separato.

515

registers of the persons who are en-
titled to be electors to the mayors of -
the communes where they reside.

Art. 4. Persons not entered on
the list, who shall prove that they ful-
fil the conditions required by Article
2, shall be admitted to vote.

Art. 5. The vote shall be given
by ticket, by secret ballot.

Art. 6. The ballot shall be taken
at the chief town of every commune
in the two days above mentioned,
namely, the 11th and 12th days of
March, from 8 o'clock in the morn-
ing till 5 o’clock in the afternoon.

The mayors shall exhort the citi-
zens to give their votes by notices
posted up in every parish.

Art. 7. The mayors are at lib-
erty to divide the college into any
number of sections they may consider
expedient.

Art. 8. The mayors shall require
five common councillors, or in default
thereof, five respectable citizens, to
preside over each of the sections.
Two of them, at least, shall always be
present at the voting. They may ob-
tain the assistance of Secretaries ap-
pointed by themselves.

Art. 9. Every voter shall put into
the urn provided for the purpose a
written or printed ticket expressing
his wishes in this form:

Union with the Constitutional Mon-
archy of King Victor Emanuel ©
or
Separate Kingdom

516

Le schede portanti un'altra qual-
siasi formula sono nulle.

Arr. 10. Il votante prima di de-
porre la sua scheda nell’urna dovrà
dichiarare il suo nome e cognome, che
verrà notato da uno dei consiglieri
componenti il Seggio, o dal segretario.

Art. 11. Alle ore 5 pom. del
giorno 11 marzo l’urna sarà pubblica-
mente suggellata dai consiglieri presi-
denti l'adunanza, i quali sono respon-
sabili della sua custodia e della integ-
rità dei sigilli durante la notte.

Art. 12. In ambedue i giorfi 1
consiglieri comunali presidenti l’adu-
nanza faranno l'atto verbale dello
scrutinio.

Art. 13. Chiuso lo scrutinio del
giorno 12 marzo, le urne suggellate
insieme coi processi verbali saranno
accompagnate da due almeno dei con-
siglieri alia Pretura, nella cui giuris-
dizione civile € compresa la Comu-
nità, e saranno consegnate al pretore,
il quale insieme con essi e pubblica-
mente fa lo spoglio dei voti.

ART. 14. Gli uffiziali, sotto ufh-
ziali e soldati voteranno nelle ris-
pettive località alla presenza di un
Consiglio composto di tre uffiziali
più elevati in grado, e di due uf-
fiziali i meno anziani nel grado in-
feriore. Chiuso lo scrutinio, l'urna
suggellata insieme coi processi ver-
bali, accompagnata da due uffiziali
almeno, sarà trasportata alla Pretura,
nella cui giurisdizione civile accade la

DOCUMENTS

Tickets in any other form whatever
are null.

ART. 10. The voter, before put-
ting his ticket into the urn, shall de-
clare his name and surname, which
shall be written down by one of the
councillors composing the Chair, or
by the secretary.

ArT. 11. At 5 o'clock P.M. of
the 11th of March, the urn shall be
publicly sealed by the councillors pre-
siding over the assembly, who are re-
sponsible for the custody thereof, and
for the unbroken condition of the
seals during the night.

ART. 12. The common councillors
shall, on both days, make a formal
minute of the voting.

ART. 13. When the voting of the
12th day of March is concluded, the
sealed urns, together with the minutes
drawn up, shall be accompanied by
two, at least, of the Councillors, to
the Pretura, in whose civil jurisdic-
tion the commune is included, and
shall be given over to the praetor, who
shall, together with them count the
votes in public.

ART. 14. Officers, non-commis-
sioned officers and privates, shall vote
in the respective localities, in presence
of a council composed of three officers
of the highest rank, and of the two
junior officers of the lower rank.
When the voting is concluded, the
sealed urn, together with the formal
minutes made, accompanied by two
officers at least, shall be conveyed to
the Pretura in whose jurisdiction the

TUSCANY AND EMILIA, 1860

votazione, per gli effetti di che articolo
13.

Gli uffiziali sotto uffiziali e soldati
che sono in campagna voteranno nel
modo stesso. Il risultato dello scru-
tinio col processo verbale dell’adu-
nanza sarà trasmesso dal generale
comandante la nona divisione al Pre-
sidente della Corte Suprema di Cassa-
zione di Firenze dentro il di 14 marzo.

I RR. carabinieri, i soldati e RR.
guardie di finanza distribuiti in pic-
chetti voteranno alle singole Comu-
nità dove risiedono.

Art. 15. I pretori trasmetteranno
immediatamente il processo verbale da
loro firmato, che costata il resultato
della votazione, al prefetto o sotto-
prefetto del Compartimento, i quali
li trasmetteranno immediatamente al
Presidente della Corte Suprema di
Cassazione di Firenze.

Art. 16. Il giorno 15 successivo
la Corte di Cassazione, ricevuti i pro-
cessi verbali portanti 1 resultati degli
scrutini parziali, ne farà lo spoglio
generale in seduta pubblica coll'assts-
tenza del Pubblico Ministero, e lo tras-
metterà immediatamente al ministro
di giustizia e grazia.

Art. 17. Tutte le leggi e discipline
che regolano le convocazioni elettorali
pei Consigli comunali a fine di garan-
tire l’ordine e la libertà del voto, sono
applicabili alle convocazioni presenti.

¢

Art. 18. I ministri dell'interno e

517

voting has taken place, for the pur-
poses mentioned in Article 13.

Officers, non-commissioned officers
and privates, who may be in cam-
paign, shall vote in the same manner.
“The result of the voting, with the for-
mal minutes of the meeting, shall be
sent by the General commanding the
Ninth Division to the President of the
Supreme Court of Cassation of Flor-
ence, before the 14th day of March.

The Royal Carabineers, the soldiers
and Royal Guards of the treasury
distributed in pickets, shall vote in the
several communes where they ar
resident. |

ART. 15. The praetors shall im-
mediately transmit the formal min-
utes showing the result of the voting,
signed by them, to the prefect or sub-
prefect of the district, who shall im-
mediately transmit them to the Presi-
dent of the Supreme Court of Cassa-
tion of Florence.

ART. 16. On the following day,
the 15th, the Court of Cassation, hav-
ing received the formal minutes show-
ing the results of the several votings,
shall make out a general result of the
whole in public session, with the as-
sistance of the Ministry, and shall
transmit the same immediately to the
Minister of Grace and Justice.

ART. 17. All the laws and ordi-
nances which regulate the electoral as-
semblies for the Common Councils,
with the object of insuring order and
the freedom of the ballot, are appli-
cable to the present assemblies.

Art. 18. The Minister of the In-

518

di giustizia e grazia sono incaricati
dell'esecuzione del presente decreto.

Dato in Firenze il primo marzo
milleottocentosessanta.
Il presidente del Consiglio dei
ministri e ministro dell' interno

B. RICASOLI.
Il ministro della istruzione pub-
lica e ministro interino degli
affari esteri
C. RIDOLFI.
Il ministro di giustizia e grazia
E. Poccı.
Il ministro delle finanze, del com-
mercio e dei lavori pubblici
R. Busacca.
Il ministro degli affari ecclesiastici
V. SALVAGNOLI.
Il ministro della guerra
R. CADORNA.
Il segretario generale del Governo
della Toscana
CELESTINO BIANCHI.
V° Per l'apposizione del sigillo

Il ministro di giustizia e grazia
(L. S.) E. Poccı.

DOCUMENTS

terior, and the Minister of Grace and

Justice, are charged with the execu-

tion of the present decree.

Done at Florence, on the 1st day of

March, 1860.

President of the Council of Min-
isters, and Minister of the In-
terior,

B. RICASOLI.

Minister of Public Instruction,
and Interim Minister of For-
eign Affairs,

C. RIpOLFI.

Minister of Grace and Justice,

E. Pocci.

Minister of Finance, Commerce
and Public Works,

R. Busacca.

Minister of Ecclestastical Affairs,

V. SALVAGNOLI.

Minister of War,

R. CADORNA.

General Secretary of the Tuscan
Government,

CELESTINO BIANCHI.

Seal affixed :

(Signed

Minister of Grace and Justice,

(L. S.) E. Pocci.

TUSCANY AND EMILIA, 1860

519

Decree of the Government of Emilia Proclaiming a Plebiscite on the Ques-

tion of Union with the Constitutional Kingdom of Victor Emanuel.

1, 1860 ”

REGNANDO S. M. VITTORIO
EMANUELE II

IL GOVERNATORE DELLE
REGIE PROVINCIE DELL’
EMILIA

Visti i decreti dittatoriali coi quali
furono promulgati lo Statuto costi-
tuzionale e la legge elettorale del
Regno di Sardegna nelle Provincie
modenesi, parmensi e romagnole;

Visto il decreto di S. M. il Re Vit-
torio Emanuele II, in data 29 feb-
braio, col quale sono convocati i Col-
legi elettorali del Regno per eleggere
i deputati al Parlamento nazionale;

Considerando che prima della ri-
unione del Parlamento è necessario
che queste Provincie abbiano un as-
setto definitivo;

Considerando che le Assemblee con-
vocate a Modena, Parma e Bologna
deliberarono a suffragio unanime l’an-
nessione alla Monarchia costituzionale
di Casa Savoia; .

Considerando che giova ora 11 con-
sultare direttamente il popolo con ogni
ampiezza di forme legali ed anche in
confronto di un'altra proposta dis-
cussa in Europa, mentre si ha sicurità
che, qualunque sia il voto popolare,
esso sarà rispettato e fatto rispettare;

Considerando che in questo modo
1 Le Assemblee, vol. 1, p. 435.

March

IN THE REIGN OF His MAJESTY Vic-
TOR EMANUEL II

THE GOVERNOR OF THE
ROYAL PROVINCES OF EMI-
LIA

In view of the dictatorial decrees
with which the constitution and the
electoral law of the Kingdom of Sar-
dinia were extended to the provinces
of Modena, Parma and Romagna;

In view of the decree of His Maj-
esty King Victor Emanuel II of the
date of February 29,. by which the
electoral colleges of the Kingdom are
convoked to elect the deputies to the
national Parliament;

Considering that before the meet-
ing of Parliament, it is necessary that
these provinces come to a definite ad-
justment;

Considering that the assemblies
convoked at Modena, Parma and
Bologna voted unanimously for an-
nexation to the Constitutional Mon-
archy of the House of Savoy;

Considering that it is well now to
consult the people directly with every
fullness of legal form and also in re-
gard to another proposal discussed in
Europe, while we are sure that what-
ever may be the popular vote it will
be respected and will command re-

spect;

Considering that in this way Eu-

520

si toglie ogni dubbio all'Europa sulla
piena libertà dei voti precedenti e sulla
sincerità e costanza della volontà na-
zionale;

In virtù dei pieni poteri conferiti-
gli dalle Assemblee,

DECRETA:

ART. 1. Il popolo di queste Prov-
incie è solennemente convocato nei
Comizi i giorni 11 e 12 marzo 1860
per dichiarare la sua volontà sulle due
seguenti proposte: — Annessione alla
Monarchia costituzionale del Re Vit-
torio Emanuele 11 — ovvero — Regno
separato.

ART. 2. Sono chiamati a dare il
voto tutti i cittadini che hanno com-
piuti i 21 anni e che godono dei di-
ritti civili.

ART. 3. I sindaci o capi del co-
mune e le Giunte o Ammistrazioni
comunali prima del giorno 11 dov-
ranno aggiungere alle liste già esis-
tenti degli elettori comunali i nomi di
quei cittadini che non vi sono com-
presi e che da sei. mesi abbiano il
domicilio nel comune o che vi si tro-
vino per ragione d'impiego.

Art. 4. Coloro che, non essendo
iscritti sulla lista, faranno constare di
avere le condizioni contemplate negli
articoli precedenti, saranno ammessi
alla votazione.

ART. 5. Gli uffiziali, sotto-uffiziali
e soldati voteranno sotto la presidenza
del capo più elevato di grado nel luogo
della, loro residenza al momento del
voto. Il risultato di questo scrutinio

DOCUMENTS

rope will be freed from all doubt of
the full liberty of the preceding votes
and of the sincerity and constancy of
the national will;

In virtue of the full power con-
ferred upon him by the Assembly,

DECREES :

ARTICLE 1. The people of these
provinces are solemniy convened in
assemblies, on the 11th and 12th days
of March, 1860, to declare their
wishes as to the two following pro-
posals: — Annexation to the Consti-
tutional Monarchy of the King
Emanuel II — or — Separate King-
dom.

ART. 2. All the citizens who have
completed their 21 years, and who en-
joy civil rights are summoned to vote.

ART. 3. The syndics or heads of
the communes and the communal
councils or administrations, before
the 11th, should add to the lists of
communal electors already existing,
the names of those citizens who are
not included in them, and who for six
months have had their domicile in
the commune, or who may find them-
selves there because of employment.

ART. 4. Those who, not being
registered on the list, shall prove that
they have the qualifications mentioned
in the preceding articles, shall be ad-
mitted to vote.

ART. 5. The officers, non-com-
missioned officers and soldiers shall
vote under the presidency of the per-
son of highest rank in the place where
they are quartered at the time of vot-

TUSCANY AND EMILIA, 1860

sarà immediatamente communicato
all’intendente generale della Provincia.

Art. 6. Il suffragio si darà per
ischeda a scrutinio segreto.

ART. 7. Lo scrutinio sarà aperto
nel capoluogo di ogni comune nei due
giorni suindicati 11 e 12 marzo dalle
ore 8 del mattino alle 5 della sera.

ART. 8. Nei comuni che hanno più
di 1,000 elettori i capi del comune
e le Amministrazioni comunali po-
tranno per comodo dei votanti divi-
derli in sezioni non minori di 500.

ART. 9. Le Amministrazioni co-
munali incaricheranno cinque consi-
glieri comunali di presiedere ciascuna
delle sezioni. Tre almeno di questi
si troveranno sempre presenti alla vo-
tazione. Essi potranno farsi assis-
tere da segretari da loro chiamati.

ART. 10. Ogni votante deporrà
nell’urna a ciò destinata una scheda
manoscritta o stampata esprimente la
sua volontà in questa formola : —
Annessione alla Monarchia costitu-
sionale del Re Vittorio Emanuele 11
— ovvero in quest'altra — Regno
separato.

Le schede portanti un’altra qual-
siasi formola sono nulle.

ART. 11. Il votante, prima di de-
porre la sua scheda nell’urna, dovrà
dichiarare il suo nome e cognome, che
verrà notato da uno dei consiglieri
componenti l’uffizio o dal segretario.

521

ing. The result of this ballot shall
be immediately communicated to the
General Intendant of the province.

ART. 6. The voting shall be by
secret ballot.

ART. 7. The polls shall be open
in the chief place of every commune
on the two days indicated above, the
11th and 12th of March, from eight
o'clock in the morning until five in the
afternoon.

ART. 8. In the communes which
have more than a thousand electors,
the head of the commune and the
communal administration may, for
the convenience of the voters, divide
them into sections of not less than
500.

ART. 9. The communal adminis-
trations shall appoint five communal
councillors to preside over each of the
sections. Three at least of these shall
always be present at the voting.
These may be assisted by secretaries
of their own choice.

Art. 10. Each voter shall place
in the urn designated for it a ballot,
either written or printed, expressing
his wishes in this formula:

Annexation to the constitutional
monarchy of King Victor Emanuel II
— or in this other — Separate King-
dom.

The ballots bearing any other
formula are void.

Art. 11. The voter, before plac-
ing his ballot in the urn, must de-
clare his own name and surname,
which will be noted by one of the
councillors in office, or by the secre-
tary.

522

Art. 12. Alle ore 5 del giorno 11
l’urna sarà pubblicamente suggellata
dai consiglieri presidenti l'adunanza, 1
quali sono responsabili della sua cus-
todia e della integrità dei sigilli.

Art. 13. Chiuso lo scrutinio dal
giorno 12, le urne suggellate saranno
portate da due almeno dei consiglieri
al capoluogo di mandamento e con-
segnate al giudice, pretore o giusdi-
cente, il quale insieme con essi e pub-
blicamente ne fa lo spoglio.

ART. 14. I giudici, pretori o gius-
dicenti trasmetteranno immediata-
mente il processo verbale, da loro for-
mato, che constata il risultato della
votazione all'intendente generale della
provincia.

ART. 15. Il giorno 14 le Corti di
cassazione o Tribunali di revisione
esistenti in Bologna, Modena e Parma,
ricevuti dagli intendenti generali delle
Provincie che sono nella loro giuris-
dizione i processi verbali portanti 1
risultati degli scrutini parziali, ne fa-
ranno lo spoglio generale in seduta
pubblica e li trasmetteranno al Min-
istero di grazia e giustizia.

Art. 16. Le leggi e discipline che
regolano le convocazioni elettorali pei
Consigli comunali e provinciali a fine
di guarentire l’ordine e la libertà del
voto sono applicate alle convocazioni
presenti.

Bologna 1° marzo 1860.
FARINI.

DOCUMENTS

Art. 12. At five o’clock on March
11th, the urn shall be publicly sealed
by the councillors presiding over the
assembly, who are responsible for its
safe keeping and for the integrity of
the seals.

ART. 13, The polls having been
closed on March 12th, the sealed urns
shall be carried by at least two of the
councillors to the chief place of the
district and given over to the judge,
praetor or justice, who together with
them and publicly shall make the
count.

Art. 14. The judges, praetors
and justices shall at once transmit to
the Intendant General of the Province
the formal minute drawn up by them
which shall state the result of the vote.

Art. 15. On the 14th day of
March the Courts of Appeal, or
Tribunals of Revision, existing in
Bologna, Modena and Parma, having
received from the Intendants General
of the provinces which are in their
jurisdiction formal minutes containing
the results of the partial votes, shall
make the general count in a public
place and shall transmit the result to
the Minister of Grace and Justice.

Art. 16. The rules and regula-
tions of the electoral conventions for
the Communal and Provincial Coun-
cils for the purpose of guaranteeing
the order and freedom of the vote, are
applied to the conventions here pro-
vided.

Bologna, March 1st, 1860.

FARINI.

TUSCANY AND EMILIA, 1860

523

Letter of Cavour to Vsllamarina, Minister of Sardinia at Naples *

Torino, marzo 1860.

. . . Attendo con ansietà il risul-
tato dello scrutinio, al quale si pro-
cede ora nell’Italia centrale. Se,
come spero, questa ultima prova è
decisiva, avremo scritto una pagina
meravigliosa nella storia d’Italia. La
Prussia e la Russia, pure contestando
il valore giuridico del suffragio uni-
versale, non potranno mettere in dub-
bio l'immensa importanza del fatto
che in questo giorno si compie. I
duchi, gli arciduchi, i granduchi an-
dranno sepolti in perpetuo, sotto il
cumulo delle schede deposte nelle urne
dei comizi nella Toscana e nell’-
Emilia. . . .

Turin, March, 1860.

. . . lawait with anxiety the result
of the count, which is taking place in
Central Italy. If, as I hope, this last
proof is decisive, we shall have writ-
ten a marvelous page in the history of
Italy. Even should Prussia and Rus-
sia contest the legal value of universal
suffrage, they can not place in doubt
the immense importance of the event
to-day brought to pass. Dukes, arch-
dukes and grand-dukes will be buried

‘ forever, beneath the heap of votes de-

posited in the urns of the voting places
of Tuscany and Emilia. . . .

Bon-Compagns Resigns the Office of Governor General. March 2, 1860 ?

A. S. E. il Barone Ricasols, Presi-
dente del Consiglio dei ministri à
Firenze.

Bologna, 2 marzo 1860.
ECCELENZA,

Allorquando, addì tre dicembre ul-
timo, firmai l’atto per cui d’accordo
con V. E., e col cavaliere Farini as-
sunsi la qualità di Governatore gen-
erale delle provincie collegate dell’-
Italia centrale, ebbi nell'animo, non
solo di dare effetto, per quanto in
quelle contingenze si poteva, alla de-
signazione fatta della mia persona da
S. A. R. il Principe di Savoia Cari-
gnano, ma di cooperare alla politica

1 Chiala, Lettere, vol. 3, p. 211.
2 Le Assemblee, vol. 5, p. 752.

To his Excellency Baron Ricasols,
President of the Council of Minss-
ters, Florence.

Bologna, March 2, 1860.

Your EXCELLENCY,

When on the 3d of December last
I signed, in agreement with your Ex-
cellency and with cavaliere Farini,
the act by which I assumed the func-
tions of Governor General of the
United Provinces of Central Italy, 1
intended not only to give effect, in so
far as contingencies would permit, to
the designation made through me of
His Royal Highness the Prince of
Savoy-Carignano, but to cooperate

524

del Governo di S. M. nell' Italia cen-
trale. Questa politica mirava a te-
nere unite fra loro e al Piemonte le
provincie che avevano deliberato di
unirsi al Regno Subalpino, e ad age-
volare ad esse il conseguimento dei
loro voti. Oggi, dappoiche, in se-
guito al decreto promulgato da V. E.,
il suffragio universale debbe decidere
se il popolo voglia piuttosto questa an-
nessione, o regno separato, la mia
qualità viene a cessare. Continu-
ando, essa potrebbe dare occasione alle
accuse di coloro, che non curando ne
la verità dei fatti, nè l'evidenza delle
dimostrazioni, accusarono il Governo
del Re di avere carpito i voti dei
popoli. L'onore del paese che io
rappresento e l’onor mio esigono che
io non lasci luogo a questi sospetti.

Indi a poco le Assemblee che rap-
presentavano quelle provincie pronun-
ciarono il voto di annessione, ed io
usai i diritti consacrati dallo Statuto
propugnando colla stampa la politica
della annessione. Fui designato all’-
ufficio da cui oggi mi dimetto, perché,
designando me, S. A. R. il Principe
di Savoia Carignano ed il Governo
del Re credettero dar segno di at-
tenersi ad una politica favorevole alle
annessioni. L’Unione liberale desti-
nata a preparare le elezioni politiche
mi elesse a suo Presidente, credendo
che il mio nome fosse per dimostrare
come essa ponesse in cima alla sua

DOCUMENTS

in the policy of the Government of
His Majesty in Central Italy. This
policy was aimed at keeping united
among themselves. and with Pied-
mont the provinces which had elected
to join the Subalpine Kingdom, and
to facilitate thereby the attainment
of their wishes. To-day, since, as a
result of the decree promulgated by
your Excellency, universal suffrage
must decide whether the people favor
this annexation or a separate king-
dom, my functions come to an end.
To remain in office might give rise
to the accusations of those who, car-
ing neither for the reality of facts
nor for the evidence of demonstra-

tions, would accuse the King’s Gov- |

ernment of having unlawfully secured
the votes of the people. The honor
of the country which I represent, as
well as my own honor, require that I

should not give occasion for such sus-,

picions.

The assemblies which represented:

these provinces will shortly proclaim
the vote of annexation, and I have
availed myself of the rights sanc-
tioned by the Constitution to defend
by the pen the policy of annexation.
I was appointed to the office which
I am to-day relinquishing because by
selecting me His Royal Highness the
Prince of Savoy-Carignano and the
King’s Government have thought to
show that they followed a policy fa-
vorable to annexation. The “ Unione
liberale,” designed to prepare the po-
litical elections, chose me as its Presi-
dent, thinking that my name would

TUSCANY AND EMILIA, 1860

politica la causa delle annessioni. Da
tutte queste precedenze mi è indicata
la via che debbo tenere in progresso, e
mi è indicata altresì la moderazione
con cui debbo procedervi. Qui il dis-
cutere le opinioni che professai fin'ora
in ordine alle annessioni, o per difen-
derle o per impugnarle, non si appar-
tiene a noi Subalpini, ma ai cittadini
di queste provincie, chiamate ora a
deliberare definitivamente delle pro-
prie sorti. A noi si apparterrà
adoperare affinchè il loro voto, qual-
unque siasi per essere, non riesca in-
vano, ed i loro diritti non vengano o
negletti o manomessi.

Nel chiudere le relazioni d'ufficio
che le cariche da me ultimamente sos-
tenute mi posero in grado di tenere
coll’E. V. non mi rimane che da rin-
graziarla della benevolenza di cui volle
ognora essermi cortese. La prego ad
un tempo di portare questa mia lettera
a cognizione del pubblico affinchè 1
cittadini di codesta nobil parte d’Italia
sappiano di quanta riconoscenza io sia
penetrato per la benevolenza che essi
pure vollero dimostrarmi in ogni oc-
casione.

Prego V. E. di gradire i sensi del
mio rispetto.

C. Bon-CoMPAGNI.

525

show that the cause of annexation
was holding first place in its policy.
All that precedes points out to me the
course which 1 must follow in the fu-
ture; 1t shows me also with what
caution 1 must act. It is not for us
Subalpines but for the citizens of
these provinces now called upon to
decide finally upon their future, to
discuss the opinions which 1 held
hitherto in regard to the annexations,
either to defend or to combat them.
It is for us to see to it that their vote,
whatever it may be, is not given in
vain, and that their rights are neither
neglected nor impaired.

In concluding the official relations
which the functions lately held by me
have enabled me to maintain with
your Excellency, it only remains for
me to thank you for the kindness you
have always been so good as to show
me. I beg you at the same time to
make known this letter to the public
in order that the citizens of this noble
part of Italy may know how grateful
I am for the kindness they have
shown me on every occasion.

I beg your Excellency to accept the
assurance of my respect.
C. Bon-ComMPAGNI.

Proclamation of the Tuscan Council of Ministers Regarding the Duty of the
Tuscan People. March 5, 1860 *

TOSCANI!
Or compie un anno le armi di Pie-
monte e di Francia si scontrarono in

1 Le Assemblee, vol. 5, p. 754.

TUSCANS!
A year ago the armies of Pied-
mont and France clashed with those

526

guerra con quelle d’Austria perchè,
cessato una volta il predominio di
questa in Italia, fosse assicurata colla
nostra indipendenza la pace d'Europa.
La Convenzione di Villafranca non
raggiunse intero questo scopo.
L'Italia centrale abbandonata a sé
stessa da chi non poteva più gover-
narla, concorse alla guerra; e questa
immaturamente troncata, intese che
per non perdere tutti i benefizi dell’
occasione e della vittoria, bisognava
fare un regno forte, riparo al presente,
tutela delle cose conquistate in futuro.

I popoli legittimamente rappresen-
tati deliberarono con saviezza pari al
diritto, e con tutta la risoluzione pari
alla necessità, la formazione di un
forte Regno italiano sotto lo scettro
costituzionale di S. M. VITTORIO
EMANUELE.

A fronte di questa grande opera,
unica nella storia della civiltà, gli ar-
bitri dell'Europa riconobbero giusto
di non usare la forza, e la dichiara-
zione del non intervento fu il primo
omaggio reso alle Nazioni risorte.

Sembrava però che un Congresso
su questo nuovo giure dovesse compir
l’opera ristauratrice d’Italia e pacifica-
trice d'Europa: ma ogni studio per
riunire il Congresso tornò vano.
L'Inghilterra e la Francia allora
misero innanzi opportune proposte.
Con queste, mentre si riconosceva il
nostro diritto a costituirci liberamente,
si mostrava desiderio di una solenne

DOCUMENTS

of Austria because, the predominance
of the latter having ceased in Italy,
the peace of Europe was assured with
our independence.

The convention of Villafranca did
not fully attain this end.

Central Italy, left unsupported by
those who could no longer govern
it, entered the war; and the latter
being prematurely ended, she under-
stood that, if she was not to lose all
the gains of the occasion and of vic-
tory, it was necessary to create a
strong kingdom, a defense for the
present and a protection for the con-
quests of the future.

The peoples, lawfully represented,
decided with a wisdom equal to right
and with a full resolve equal to ne-
cessity, upon the formation of a
strong Italian kingdom under the
constitutional sway of H. M. Victor
EMANUEL.

In the face of this great work,
unique in the history of civilization,
the arbiters of Europe acknowledged
the justice of not using force, and the
declaration of non-intervention was
the first homage paid to the reborn
nations.

It seemed, therefore, that a con-
gress should complete the work of
restoration of Italy and of European
pacification on this new kind of right.
But every effort to convene the con-
gress failed. England and France
put forward at that time timely pro-
posals. These, while recognizing our
right to organize freely, showed a de-
sire for a solemn confirmation of the

TUSCANY AND EMILIA, 1860

conferma dei voti già legittimamente
e liberamente emessi.

Intanto il Re Leale e Magnanimo
decretava di aprire il Parlamento.

I popoli dell'Emilia e della Toscana
avean già stabilito di voler far parte
di questo gran comizio nazionale, e
colla legge del nuovo Regno erano
state preordinate le elezioni dei depu-
tati per formare uno Stato solo e una
difesa comune.

Ma prima di entrare in questo gran
comizio, è buon consiglio che diano
prova con atto nuovo di coscienza
politica, in faccia a Dio e agli uomini,
di aver votato l’Unione per diritto, per
senno, per utilità, per suprema legge
di salute nazionale.

Non già che a dar quest'ultima
prova fossero tenuti, poichè nessuno
può ragionevolmente dubitare che nel
tempo, nel quale si sono formate le
grandi Nazioni, le memorie municipali
tanto ci abbiano ottenebrata la mente
da farci disconoscere i vantaggi dell’
essere riuniti per centuplicare l’antica
civiltà, per profittare in comune di
tutti gli elementi di una vita nuova
nazionale, impossibile colla divisione
antica e colla piccolezza degli Stati
figli dei comuni, in mezzo a Nazioni
che da quattro secoli si prevalgono di
essere divenute grandi e compatte per
territorio, istituzioni e armi.

Spontanei i popoli dell Emilia e
della Toscana potranno confermare il

527

votes already lawfully and freely
cast.

‘ In the meantime the loyal and
magnanimous King decreed the open-
ing of Parliament.

The peoples of Emilia and Tus-
cany had already recorded their will
to form part of this great national
assembly, and under the law of the
new Kingdom the election of depu-
ties had been preordained for the pur-
pose of forming a single State and
a common defense.

But before entering this great as-
sembly, it is advisable that they give
proof by means of a fresh act of po-
litical conscience, before God and be-
fore mankind, that they have voted
the Union by right, with judgment,
for convenience, as the supreme law
of national salvation.

Not that they were bound to give
this last proof, since no one may
reasonably believe that at the time of
the formation of the great nations,
municipal memories had so obscured
the mind as to cause us to lose sight
of the advantages of being united
for the purpose of promoting the
old civilization, of profiting together
by all the elements of a new national
life, impossible with the old division
and smaliness of the States which
had issued from the communes, in
the midst of nations which, for four
centuries, had taken advantage of the
fact that they had become great and
united in territory, institutions and
arms.

The peoples of Emilia and Tuscany
may spontaneously confirm their own

528

giudizio proprio col plebiscito cui
sono chiamati.

Questo coronerà l’opera vostra, o
toscani. Voi siete tutti chiamati a
gettare nell’urna il vostro voto, che
in tanti modi avete espresso, con tanta
solennità, con tanta ragione. Voi
non smentirete in questa occasione la
serena e composta dignità, colla quale
da dieci mesi andate preparando i vo-
stri grandi destini, che vi ha guadag-
gnate le simpatie dell Europa, ed €
quella che conviene a chi ha la co-
scienza del proprio diritto.

Il suffragio che voi gettate nell'urna
e libero: non ne darete conto che a
Dio e a voi stessi.

Il mondo dovrà ammirare, o tos-
cani, la vostra religiosità e il vostro
esempio. Voi avete fin qui raddriz-
zato gli errori della fortuna e degli
uomini: ora potete compiere questo
grande edificio della Nazionalità, e
coronare l’opera vostra.

TOSCANI!

Noi siamo alteri di avervi condotto
fin presso alla meta; e siamo certi che
il vostro ultimo passo sarà uguale ai
precedenti. Fra pochi giorni godrete
la pienezza di sentirvi italiani sotto il
Leale e Magnanimo RE VITTORIO
EMANUELE.

Firenze, 5 marzo 1860.

B. RicasoLI — C. RipoLFI — E.
Pocci — R. Busacca — V. SALVAG-
NOLI — R. CADORNA — CELESTINO
BIANCHI, segretario.

DOCUMENTS

judgment by the plebiscite to which
they are called.

Tuscans, this plebiscite will crown
your work. You are all called upon
to place in the ballot box the vote
which you have expressed in so many
ways with such solemnity and such
judgment. You will not on this oc-
casion belie the serene and grave
dignity with which you have been
preparing for ten months for your
great destinies, by which you have re-
tained the sympathy of Europe, and
which befits one conscious of his
own right.

The ballot which you cast in the
box is free; you are accountable
therefor only to God and to your-
selves.

Tuscans, the world shall admire
your piety and your example. You
have so far corrected the errors of
fortune and of mankind : now you can
complete this great structure of na-
tionality and crown your work.

TUSCANS!

We are proud to have conducted
you until almost up to the goal and
feel certain that your last step will
be worthy of the preceding ones. A
few days hence you shall enjoy the
satisfaction of feeling yourselves to
be Italians under the royal and
magnanimous KING VICTOR EMAN-
UEL.

Florence, March 5, 1860.

B. RicasoLI — C. RipoLFI — E.
Pocci — R. Busacca — V. SALVAG-
NOLI — R. CADORNA — CELESTINO
BIANCHI, Secretary.

TUSCANY AND EMILIA, 1860

Rules for the Publication of the Results of the Plebiscite in Emilia.
. 13, 1860 *

REGNANDO S. M. VITTORIO EMAN-
UELE II

IL GOVERNATORE DELLE
PROVINCIE DELL'EMILIA

Sulla proposta del ministro di gra-
zia, giustizia e culti,

DECRETA:

ART. 1. I processi verbali delle
votazioni con l'annesso elenco nomi-
nale dei votanti resteranno cinque
giorni affissi nelle cancellerie del Tri-
bunale di cassazione in Bologna, del
Tribunale di revisione in Modena, e
della Regia Corte suprema di revisione
in Parma perchè chiunque, o italiano
o straniero, possa esaminarli.

Art. 2. Il ministro di grazia,
giustizia e culti è incaricato dell’ese-
guimento del presente decreto, che
sarà pubblicato a norma di legge.

Dato a Modena, 13 marzo 1860.

FARINI,
CHIESI.

529
Marck

In THE REIGN OF His MAJESTY
Victor EMANUEL II

THE GOVERNOR OF THE
‘PROVINCE OF EMILIA

| At the proposal of the Minister of
Justice and Education,

DECREES:

ARTICLE 1. The formal minute of
the voting, together with the list of
voters, shall remain for five days af-
fixed to the registers of the Tribunal
in Bologna, of the Tribunal of Re-
vision at Modena, and the Supreme
Court of Revision at Parma, so that
anyone, either Italian or foreigner,
can examine them.

Art. 2. The Minister of Justice
and Education is charged with the
execution of the present decree, which
shall be published by rule of law.

Done at Modena, 13th March,
1860. FARINI,

CHIESI.

Proclamation of the Results of the Plebiscite in Tuscany. March 15, 1860 ?

REGNANDO S. M. VITTORIO
EMANUELE

IL REGIO GOVERNO DELLA TOSCANA

Promulga la solenne dichiarazione
emessa dalla Corte Suprema di Cas-
sazione costatante il plebiscito del po-
polo toscano convocato nei Comizi

1 Le Assemblee, vol. 1, p. 436.
2 Ibid., vol. 5, p. 756.

IN THE REIGN OF HIS MAJ-
ESTY VICTOR EMANUEL

THE ROYAL GOVERNMENT OF TUSCANY

Hereby promulgates the solemn
declaration issued by the Supreme
Court of Cassation recording the
plebiscite of the Tuscan people sum-

530

‘nei giorni undici e dodici marzo cor-
rente.
66 , .
L’anno milleottocentosessanta
questo di quindici del mese di marzo.

“La Corte Suprema di Cassazione
riunita in seduta plenaria nella sua sala
delle pubbliche udienze posta nel Pa-
lazzo della Signoria in virtù del de-
creto del primo marzo corrente, all’
effetto di verificare i resultati del suf-
‚ fragio universale reso dal popolo tos-
cano concovato nei Comizi.

“ Presenti gli uffiziali del Ministero
Pubblico. |

“ Presenti due pubblici impiegati
della Corte dei conti a bella posta in-
vitati per eseguire le necessarie opera-
zioni di calcolo.

“ Veduto il decreto di primo marzo,
e le istruzioni del Ministero di gius-
tizia e grazia comunicate con lettere
dei 5, 7, e 8 marzo.

“ Riscontrata e verificata l’inte-
grità dei sigilli apposti sopra tutti gli
involti pervenuti sul suo banco, e che
appartengono ai Compartimenti, Go-
verni e Corpi militari della Toscana.

“Visti tutti i verbali dei prefetti,
sottoprefetti, governatori, e coman-
danti dei Corpi militari ed uditane la
lettura fatta alla pubblica udienza.

“ Riscontrata e verificata l’integrita
dei sigilli appositi sui plichi dei pretori
che corrisponnono al numero delle
Preture esistenti in Toscana.

DOCUMENTS

moned in assemblies on the 11th and
12th of the present month of March.

“ In the year eighteen hundred and
sixty, this 15th day of the month of
March;

“The Supreme Court of Cassa-
tion, meeting in plenary session in its
public audience chamber located in the
Palazzo della Signoria in pursuance
of the decree of the lst instant, for
the purpose of ascertaining the re-
sults of the universal suffrage ex-
pressed by the Tuscan people con-
voked in assemblies ;

“In the presence of representa-
tives of the Public Prosecutor;

“ In the presence of two employees
of the Court of Accounts specially
invited to control the necessary com-
putations;

“ Having considered the decree of
March Ist, and the instructions of
the Minister of Justice and Grace
communicated by the letters of March
5, 7, and 8;

“Having compared and ascer-
tained the soundness of the seals af-

‘ fixed on all the packages which have

reached its bench and which pertained
to the divisions, governments and
military corps of Tuscany;

“ Having seen all the formal min-
utes of the prefects, subprefects, gov-

-ernors, and commanders of military

corps and having heard them read in
public session ;

“ Having compared and ascertained
the soundness of the seals affixed to
the packages of the magistrates cor-
responding to the number of Preturas
existing in Tuscany;

TUSCANY AND EMILIA, 1860

‘ Riscontrata e verificata altresì
l'integrità dei sigilli apposti sui plichi
di tutti i Comandi militari.

“ Visti i verbali contenuti in cias-
cuno dei plichi dei pretori e dei co-
mandanti dei Corpi militari, e uditane
lettura fatta alla pubblica udienza.

“ Sentito il Pubblico Ministero.

“ Dichiara che dietro gli spogli ese-
guiti a questa medesima udienza del
resultati parziali del suffragio univer-
sale registrati negli atti verbali sud-
detti, si è ottenuto il resultato finale
che è il seguente.

531

“Having compared and ascer-
tained also the soundness of the seals
affixed on packets from all the mili-
tary commanders;

“Having considered the minutes
contained in each one of the packets
from the magistrates and command-
ers of the military corps, and having
heard them read at a public session;

“Having heard the Public Prose-
cutor ;

“ Declares that, following the
enumeration made at the same session
of the partial results of the universal
suffrage recorded in said minutes,
the final result obtained is as follows:

“Numero do toscani concorsi a dare il voto..................... 386,445
(Number of Tuscans assembled to cast a vote)

“Numero dei voti per l'Unione alla Monarchia Costituzionale del

Re VITTORIO EMANUELE .......

366,571 *

(Number of votes for union with the Constitutional Monarchy of King Victor |

Emanuel)

“ Numero dei voti per il Regno separato

(Number of votes for a Separate Kingdom»)

“ Numero dei voti dichiarati nulli..... o o
(Number of votes declared null and void)

“ Constata conseguentemente e di-
chiara il Plebiscito del popolo toscano
essere per l'Unione alla Monarchia
Costituzionale di RE VITTORIO
EMANUELE.

“ Così dichiarato dalla Corte Su-
prema di Cassazione alle ore undici e
minuti cinquantacinque pomeridiane
del giorno predetto nella Sala suddetta
sedendo il commendatore Vicenzio

“ Certifies consequently and here-
by declares that the plebiscite of the
Tuscan people is for union with the
constitutional monarchy of KING
VICTOR EMANUEL.

“Thus declared by the Supreme
Court of Cassation at eleven o'clock
and fifty-five minutes P. M. of the
aforesaid day in the above-mentioned
room, there being in session Com-

1 Note by editor of Le Assemblee: In some publications on the Tuscan plebiscite this num-

ber is given as 366,561.

Our document was copied from the minutes of the plebiscite exist-

ing in the State Archives of Florence (box 3202), which attests that the correct number is

that printed by us.

532

Bani presidente, cavalier Giuseppe
Puccioni vice presidente e cavalier
Carlo Carducci, Silvio Bonajuti, cava-
lier Zanobi Pasqui, Angiolo Nucco-
rini, Giuseppe Gilles, cavalier Raffaelle
Cocchi e Gio. Batta Ajazza consig-
lieri, che si sono sottoscritti in piè
dell’Atto insieme col cancelliere.

“V. Bani, presidente — G. Puc-
CIONI, vice-presidente — C. CARDUCCI
— S. BONAJUTI — Z. Pasqui — A.
Nuccorini — G. GILLES — R. Coc-
cHI — G. B. AJazzı — F. NASI, can-
celliere.”

Dato in Firenze li quindici marzo
millottocentosessanta.

Il presidente del Consiglio des
ministri e ministro dell interno

B. RICASOLI.

Il ministro della istruzione pub-
blica e ministro interino degli
affari estert,

C. RIDOLFI.
Il ministro di giustizia e grazia
E. Pocci.
Il ministro delle finanze, del com-
mercio e dei lavori pubblici
R. Busacca.
Il ministro degli affari ecclesiastici
V. SALVAGNOLI.
Il ministro della guerro
R. CADORNA.

V°, per l'apposizione del sigillo.

Il mintstro di giustizia e grazia
(L. S.)
E. Pocci.

Il segretario generale del Governo

della Toscana
CELESTINO BIANCHI.

DOCUMENTS

mendatore Vincenzio Beni, President,
Cavalier Giuseppe Puccioni, Vice-
president and Cavalier Carlo Car-
ducci, Silvio Bonajuti, Cavalier Zan-
obi Pasqui, Angiolo Nuccorini, Giu-
seppe Gilles, Cavalier Raffaelle
Cocchi, and Gio. Batta Ajazza, Coun-
cillors, who have signed at the bot-
tom of the act, together with the
clerk.

“V. Bani, President — C. Pucci-
ONI, Vice-President — C. CARDUCCI
— S. BonaJjuti — Z. Pasqui — A.
NuccorinIi— G. GILLES — R. Coc-
cHi—C. B. Ajzazzi—PF. Nası,
Clerk.”

Done at Florence, the fifteenth of
March, eighteen hundred and sixty.
The President of the Council of

Ministers and Minister of the

Interior, B. RICASOLI.
The Minister of Public Instruc-

tion and acting Minister of

Foreign Affairs,
| C. RIDOLFI.
The Minister of Justice and Grace,
E. Pocci.

The Minister of Finance, Com-
merce, and Public Works,
R. Busacca.
The Minister of Ecclesiastical
Affairs, V. SALVAGNOLI.
The Minister of War,
R. CADORNA.
Seen for affixing the seal:
The Minister of Justice and Grace,
(L. S.) E. Pocar.

The General Secretary of the Gov-
ernment of Tuscany,
CELESTINO BIANCHI.

TUSCANY AND EMILIA, 1860

Con decreto del 17 marzo 1860 si
ordinò che la dichiarazione della Corte
di Cassazione fosse incisa in marmo
ed affissa alla porta dei palazzi di cias-
cuna Comunsta che rese il voto.

533

By decree of March 17, 1860, st
was ordered to have the declaration of
the Court of Cassation carved in mar-
ble and affixed to the door of the town
hall of every commune which cast the
vote.

Proclamation of the Results of the Plebiscite in Emilia. March 15, 1860!

REGNANDO S. M. VITTORIO EMANUELE
II

GOVERNO DELLE REGIE
PROVINCIE DELL’EMILIA

IL MINISTRO DI GRAZIA, GIUSTIZIA E
CULTI

Visto il decreto 1° marzo di con-
vocazione dei comizi delle Regie Pro-
vincie dell’ Emilia ;

Visto il rapporto del Supremo Tri-
bunale di Cassazione in Bologna del
14 marzo 1860, dal quale risulta :

Popolazione complessiva
(Total population)

Inscritti
(Registered)

Votanti
(Voting)

Per l’annessione alla Monarchia costituzionale del Re Vittorio Emanuele II........

0 0 0 0 0 02 S a è è s 0 è è è 6 0 5 è 0 SS Ss è co os 08900 9 0 0

IN THE REIGN OF HIS MAJESTY VICTOR
EMANUEL II

GOVERNMENT OF THE ROYAL
PROVINCES OF EMILIA .

THE MINISTER OF GRACE, JUSTICE AND
WORSHIP

In view of the decree of March
ist convoking the assemblies of the
Royal Provinces of Emilia;

In view of the report of the Su-
preme Tribunal of Appeal in Bologna,
March 14th, 1860, of which the re-
sult was:

202,659

(For annexation to the Constitutional Monarchy of King Victor Emanuel II)

Pel Regno separato
(For separate Kingdom)
Voti nulli
(Void)

Visto il rapporto del Supremo Tri-
bunale di Revisione in Modena del 14
marzo 1860, dal quale risulta:

1Le Assemblee, vol. 1, p. 437.

254

we cee ee cree cnet ce eee cre ce cieco: 471

e

203,384
In view of the report of the Su-
preme Tribunal of Revision in Mo-

dena, March 14th, 1860, of which the
result was:

534 DOCUMENTS

Popolazione complessiva .......................................sssss 495,731
(Total population). UN

Inscritti o .......oooooooonoroonononnarncaanan nennen nenn nenn ora 131,527
(Registered)

Votanti .:............ ce ce cece cet ire nenne nn en eresie rn 108,798
(Voting)

Per l’annessione alla Monarchia costituzionale del Re Vittorio Emanuele II........ 108,336
(For the annexation to the Conststutional Monarchy of King Victor Emanuel)

Pel Regno separato ................,......... sun nennen nn ernennen coro om .oo 231
(For separate Kingdom)

Voti nulli ................. L00000 ss vr creo reni zi narrar nenn error nn 231
(Void)

108,798

Visto il rapporto del Tribunale In view of the report of the Tri-
d’appello‘in Massa del 14 marzo 1860, bunal of Appeal in Massa on March
dal quale risulta : 14th, 1860, of which the result was:

Popolazione complessiva ..........ccccccccccccucccccccccccecceseusccsar 147,838
(Total population)

Inscritti ..............-L. ccc ee cece nen carro roo 36,814
(Registered)

Votanti .......oooooooooccnccroccncorno nora rr rr roo rr 23,584
(Voting) | |

Per l'annessione alla Monarchia costituzionale del Re Vittorio Emanuele II........ 23,492
(For annexation to the Constitutional Monarchy of King Victor Emanuel)

Pel Regno separato ...................... esse ss nen en nenn nr 62
(For Separate Kingdom)

Voti nulli ................ essences secs is cor ra rr rro 30
(Void)

23,584

Visto il rapporto della Regia Corte In view of the report of the Royal
suprema di Revisione in Parma del Supreme Court of Revision at
14 marzo 1860, dal quale risulta: Parma, March 14th, 1860, of which

the result was:

Popolazione complessiva .....................,.......,. ss. 434,082
(Total population)

Inscritti css css nenne rennen een nennt nennen en nenne 107,435
(Registered)

Votanti once ccc ccc ccc ccc cece teen cece nennen ore re ra te nn en 88,692
(Voting)

Per l’annesione all Monarchia costituzionale del Re Vittorio Emanuele II.......... 88,511
(For annexation to the Constitutional Monarchy of King Victor Emanuel)

Pel Regno separato ..............,........ users 181
(For Separate Kingdom)

Voti Nulli ses esse cesse sus nan ren nennen een none re e nennen rare: eee
(Void)

TUSCANY AND EMILIA, 1860 535

Visto il. rapporto del Tribunale . In view of the report of the civil
civile e correzionale di Borgotaro del and correctional Tribunal of Borgo-
.14 marzo 1860, dal quale risulta : taro of March 14th, 1860, of which

the result was:

Popolazione complessiva ............................................... 34,554
(Total population)

Inscritti .................... esse ess ses seen ona ra 7,715
(Registered)

Votanti ......oooooooconorcncccnccroorooconaron orcos 3,054
(Voting)

Per l’annessione alla Monarchia costituzionale Re Vittorio Emanuele II.......... 3,008
(For annexation to the Constitutional Monarchy of King Victor Emanuel)

Pel Regno separato ............... ccc cece eee e ere ses nenn nennen nn nenn nen 28
(For Separate Kingdom)

Voti nulli ..................... ee ee cece ee cece euere nano en nennen nennen 18
(Void)

3,054

Manda a pubblicare il’seguente de- Commands that there be published
finitivo risultamento : the following final result:

Totale delle popolazioni delle Regie Provincie dell'Emilia................ 2,127,105
(Total population of the Royal Provinces of Emilia)

Totale degli inscritti ................................................... 526,218
(Total number of registered voters)

Totale dei votanti ................... secs irecco re vere sie nennen 427,512
(Total number of those voting)

Per l'annessione alla Monarchia costituzionale del re Vittorio Emanuele.......... 426,006
(For annexation to the Constitutional Monarchy of King Victor Emanuel)

Pel Regno separato .......................... cre ret een ice re see eere serene rrezene 756
(For Separate Kingdom)

- Voti Nulli ................. ccc ce cece tee ce arar or rr cea iene 750

(Void)

427,512

Modena dal Ministero di grazia, Modena, at the Ministry of Grace,
giustizia e culti, addì 15 marzo 1860. Justice and Worship, March 15th,
1860.
CHIESI CHIESI

Formal Presentation of the Results of the Plebiscite of Emilia to King Victor
Emanuel II and His Reply *

“ SIRE! ““ SIRE!
“ Ho Ponore di deporre nelle mani ‘I have the honor of placing in
di Vostra Maestá i documenti legali the hands of Your Majesty the legal

1 Le Assemblee, vol. 1, p. 439. Farini was spokesman for the delegation.

536

del suffragio universale dei popoli
dell'Emilia. La Maestà Vostra che
ne senti pietosamente le grida di do-
lore, ne accolga benignamente il pegno
di gratitudine e di fede. Appagati
dei legittimi voti, quei popoli, O Sire,
non avranno altro desiderio che quello
di benemeritare della Maestà Vostra e
dell’Italia, emulando nelle civili e nelle
militari virtù gli altri popoli della vos-
tra Monarchia costituzionale.”

Ultimata la lettura, piegava di
nuovo la carta del discorso, e la ri-
metteva, insieme col fascio delle altre
carte che contenevano i documenti le-
gali del suffragio dei popoli dell’
Emilia, nelle mani del Re, che, dopo
averli ricevuti, leggeva con voce ferma
e gagliarda questo discorso:

“ Accetto il solenne il loro voto, e
da quindi innanzi mi glorierò di chia-
marli miei popoli.

‘“ Aggregando alla Monarchia cos-
tituzionale di Sardegna e pareggiando
alle altre sue provincie non solo gli
Stati modenesi e parmensi, ma ezian-
dio le Romagne, che già si erano da sé
medesime separate dalla signoria
pontificia, io non intendo di venir
meno a quella devozione verso il capo
venerabile della Chiesa che fu e sarà
sempre viva nell'animo mio.

“ Come principe cattolico e come
principe italiano, io sono pronto a
difendere quella indipendenza neces-
saria al supremo di lui ministero, a
contribuire allo splendore della sua

DOCUMENTS

documents regarding the universal
suffrage of the people of Emilia.
May Your Majesty, who pitifully felt
their cry of sorrow, accept benignly
this proof of gratitude and trust.
Satisfied with these legal votes, these
people, oh Sire, will have no other
wish than that of deserving well of
Your Majesty and of Italy and of
emulating in civil and military virtue
the other peoples of your Constitu-
tional Monarchy.”

His speech finished, he folded up
the document of the discourse and
gave it, together with a package of
other papets which contained the
legal documents of the suffrage of
the people of Emilia, into the hands
of the King, who after having re-
ceived them, read, with a firm strong
voice, this discourse:

‘I accept their solemn vote, and
henceforth I will glory in calling
them my people.

“ By uniting them to the Constitu-
tional Monarchy of Sardinia, and
putting on an equal footing with
the other provinces not only the
states of Modena and Parma, but also
Romagna, which already had sepa-
rated by its own accord from the
pontifical dominion, I do not mean to
give less devotion to the Venerable
Head of the Church which was and
always will be alive in my mind.

“As a catholic prince and as an
Italian prince, I am ready to defend
that independence necessary to his
supreme ministry, to contribute to
the splendor of his Court, and to pay

TUSCANY AND EMILIA, 1860

Corte, e a prestare omagio all'alta sua
sovranità.

“ 11 Parlamento sta per adunarsi.
Questo, accogliendo nel suo seno i
rappresentanti dell’Italia centrale in-
sieme con quelli della Lombardia e
del Piemonte, assoderà il nuovo
Regno e ne assicurerà viemmaggior-
mente la prosperità, la libertà e l’in-
dipendenza.”

Royal Decree Accepting the Popular
Sardinian State.

VITTORIO EMANUELE II

RE DI SARDEGNA, DI CIPRO E DI GERU-
SALEMME, ECC., ECC.

Visto il risultamento della vota-
zione universale tenutasi nelle prov-
incie dell’ Emilia, dalla quale risulta
essere generale il voto di quelle popo-
lazion di unirsi al nostro Stato;

Udito il Nostro Consiglio dei min-
istri;

Abbiamo decretato e decretiamo:

ART. 1. Le provincie dell Emilia
faranno parte integrante dello Stato
dal giorno della data del presente de-
creto.

ART. 2. Il presente decreto verrà
presentato al Parlamento per essere
convertito in legge.

I Nostri ministri sono incaricati
dell'esecuzione del presente decreto il
quale, munito del sigillo dello Stato,
sarà inserito nella Raccolta degli Atti

537

homage to his High Sovereignty.

“ Parliament is ready to assemble.
This body, gathering to itself the
representatives of Central Italy, to-
gether with those of Lombardy and
Piedmont, will strengthen the new
Kingdom and will secure for it in-
finitely greater prosperity, liberty and
independence.”

Vote of Emilia and Uniting it to the
March 18, 1860 *

VICTOR EMANUEL II

KING OF SARDINIA, CYPRUS AND JE-
RUSALEM, ETC., ETC.

In view of the result of the uni-
versal vote held in the provinces of
Emilia which shows that the desire
of these people to be united to our
state is a general one;

Having heard our Council of Min-
isters;

We have decreed, and decree;

ARTICLE l. The provinces of
Emilia shall form an integral part of
the state from the day of the date of
the present decree. |

ART. 2. The present decree shall
be presented to Parliament for con-
version into law.

Our ministers are charged with the
execution of the present decree
which, sealed with the state seal,
shall be inserted in the collection of

1 Le Assemblee, vol. 1, p. 440. This decree and the one relating to Tuscany, in the same
language, were presented to the Italian Parliament on the 12th of April, 1860, and were voted
by the Chamber of Deputies on the 13th and by the Senate on the 14th following.

538 :

del Governo e pubblicato nelle pro-
vincie dell’ Emilia.
Dato a Torino, addi 18 marzo 1860.

VITTORIO EMANUELE,
C. CAVOUR.

DOCUMENTS

government documents and published
in the Provinces of Emilia.
Done at Turin on the 18th day of
March, 1860.*
VICTOR EMANUEL,
.C. CAVOUR.

Savoy AND NICE, 1860

Napoleon III Asserts the Claim of France to Savoy on the Opening of the

Legislative Chambers.

MESSIEURS LES SÉNATEURS, MES-
SIEURS LES DÉPUTÉS,

A l'overture de la dernière ses-
sion, confiant dans le patriotisme de
la France, je tenais à prémunir vos
esprits contre les appréhensions exa-
gérées d'une guerre probable. Au-
jourd'hui j'ai á coeur de vous rassurer
contre les inquiétudes suscitées par la
paix méme. Cette paix, je la veux
sincérement, et ne négligerai rien
pour la maintenir.

La pensée dominante du Traité de
Villafranca était d’obtenir l’indépen-
dance presque complete de la Vénétie
au prix de la restauration des Archi-
ducs. Cette transaction ayant échoué,
malgré mes plus vives instances, j'en
ai exprimé mes regrets à Vienne
comme à Turin; car la situation, en
se prolongeant, menaçait de demeurer
sans issue. Pendant qu’elle était l’ob-
jet d'explications loyales entre mon
Gouvernement et celui de l'Autriche,

March 1, 1860 *

MESSIEURS LES SÉNATEURS, MES-
SIEURS LES DEPUTÉS,

On the opening of last session, re-
lying upon the patriotism of France,
I endeavoured to fortify your minds
in advance against the exaggerated
apprehensions of a probable war.
To-day I have at heart to reassure
you against the anxiety caused by
peace itself. That peace I desire sin-
cerely, and shall neglect nothing to
maintain it.

The dominant idea of the Treaty
of Villafranca was to obtain the al-
most complete independence of Ven-
etia at the price of the restoration of
the Archdukes. That transaction
having failed, despite my most ear-
nest endeavors, I have expressed
my regret at Vienna as well as at
Turin; for the situation, by being
prolonged, threatened to lead to no
issue. While it was the object of
loyal explanations between my Gov-

1 Text and translation from British Parliamentary Papers, Affairs of Italy [2638], p. 19.

SAVOY AND NICE, 1860

elle inspirait à l’Angeleterre, à la
Prusse, et a la Russie, des démarches
dont l'ensemble atteste clairement, de
la part des Grandes Puissances, le
désir d'arriver á la conciliation de tous
les intéréts. Pour seconder ces dis-
positions, il importait á la France de
présenter la combinaison dont l’adop-
tion avait le plus de chance d'étre ac-
cepté par l’Europe. Garantissant par
mon armée l’Italie contre l’interven-
tion étrangère, j'avais le droit de
marquer les limites de cette garantie.
Aussi n'ai-je pas hésité á declarer au
Roi de Sardaigne que, tout en lui lais-
sant l’entière liberté de ses actes, je
ne pourrais pas le suivre dans une
politique qui avait le torte de paraître,
aux yeux de l’Europe, vouloir ab-
sorber tous les Etats de l'Italie, et qui
menaçait de nouvelles conflagrations.
Je lui ai conseillé de répondre favor-
ablement aux vœux des provinces qui
s'offraient à lui, mais de maintenir
l’autonomie de la Toscane, et de re-
specter en principe les droits du Saint
Siège. Si cet arrangement ne satis-
fait pas tout le monde, il a l’avantage

de réserver les principes, de calmer

les appréhensions, et il fait du Pié-
mont un Royaume de plus de 9,000,-
000 d’ames.

En présence de cette transforma-
tion de l'Italie du Nord, qui donne a
un Etat puissant tous les passages des
Alpes, il était de mon devoir, pour la
sûreté de nos frontières, de réclamer
les versants Français des montagnes.
Cette revendication d’un territoire de
peu d’etendue n'a rien qui doive

539

ernment and that of Austria, it sug-
gested to England, to Prussia, to

_ Russia, measures the whole of which

clearly prove on the part of the
Great Powers their desire to obtain
a reconciliation of all the interests.
To second these dispositions, it
was necessary for France to present
that combination the adoption of
which would have the greatest chance
of being accepted by Europe. Guar-
anteeing Italy by my army against
foreign intervention, I had the right
to assign the limits of that guaran-
tee. Therefore I did not hesitate to
declare to the King of Sardinia that,
while leaving him full liberty of ac-
tion, I could not follow him in a pol-
icy which had the fault of appearing
in the eyes of Europe a desire to ab-
sorb all the States of Italy, and which
threatened new conflagrations. I
counselled him to reply favourably to
the wishes of the provinces which
should offer themselves to him, but
to maintain the independence of Tus-
cany, and to respect in principle the
rights of the Holy See. If this ar-
rangement does not satisfy every-
body, it has the advantage of reserv-
ing principles, of calming apprehen-
sions, and makes Piedmont a king-
dom of more than 9,000,000 souls.
Looking to this transformation of
Northern Italy, which gives to a
powerful State all the passes of the
Alps, it was my duty, for the se-
curity of our frontiers, to claim the
French slopes of the mountains.
This reassertion of a claim to a ter-
ritory of small extent has nothing in

540

alarmer l’Europe et donner un dé-
menti á la politique de désintéresse-
ment que j'ai proclamée plus d'une
fois, car la France ne veut procéder
à cet agrandissement, quelque faible
qu'il soit, ni par une occupation mili-
taire, ni par une insurrection pro-
voquée, ni par de sourdes manœuvres,
mais en exposant franchement la
question aux Grandes Puissances.
Elles comprendront, sans doute, dans
leur équité, comme la France le com-
prendrait certainement pour chacune
d'elles en pareille circonstance, que
l'important remaniement territorial
qui va avoir lieu nous donne droit à
une garantie indiquée par la nature
elle-même. |

DOCUMENTS

it of a nature to alarm Europe, and
give a denial to the policy of disin-
terestedness which 1 have proclaimed
more than once; for France does not
wish to proceed to this aggrandize-
ment, however small it may be, either
by military occupation or by pro-
voked insurrection, or by underhand
manoeuvres, but by frankly explain-
ing the question to the Great Powers.
They will doubtless understand in
their equity, as France would cer-
tainly understand it for each of them
under similar circumstances, that the
important territorial rearrangement
which is about to take place gives us
a right to a guarantee indicated by
Nature herself.

Answer of Sardinia to France Agreeing to the Principle of Self-Determina-
tion !

Count Cavour to M. Nigra

Turin, le 3 mars, 1860.
M. LE CHEVALIER,

Dans sa dépêche du 24 février, M.
Thouvenel charge M. de Talleyrand
d'appeler l’attention du Governement
du Roi sur la question de la Savoie et
de Nice. Il considere que d'apres les
traditions historiques fort répandues,
la formation d'un Royaume puissant
au pied des Alpes serait défavorable
aux intérêts de la France, et présen-
terait pour elle un véritable danger si
ses frontières n'étaient étendues et
fortifiées dans cette direction.

Turin, March 3, 1850.
M. LE CHEVALIER,
In his despatch of the 24th of Feb-

‚ruary, M. de Thouvenel directs M.

de Talleyrand to call the attention of
the King's Government to the ques-
tion of Savoy and Nice. He con-
siders that according to widely spread
historical traditions, the formation of
a powerful kingdom at the foot of
the Alps would be unfavourable to
the interests of France, and would
present a real danger to her, if her
frontiers were not extended and
fortified in that direction.

1 Text and translation from British Parliamentary Papers, Affairs of Italy [2638], p. 39.

SAVOY AND NICE, 1860

M. Thouvenel s'empresse toutefois
d'ajouter qu'il n'est nullement dans
l'intention du Gouvernement de l’Em-
pereur de réclamer des changements
territoriaux qui seraient contraires
aux vœux des populations, et de le
faire sans tenir compte des intérêts
de la Suisse et sans avoir consulté les
Grandes Puissances de l'Europe.

Je ne m'arréterai pas à examiner la
valeur des traditions historiques aux-
quelles M. Thouvenel fait allusion.
Je suis loin de croire que l’agrandisse-
ment de la Sardaigne puisse jamais
constituer un danger pour la France,
à laquelle les derniers événements
nous rattachent pas les liens de la
reconnaissance et de l'amitié. Ce-
pendant nous avons trop de sentiment
de ce que l'Italie doit à l'Empereur
pour ne pas accorder la plus sérieuse
attention a une demande qui repose
sur le principe du respect des vœux
des populations. Le Gouvernement
de Sa Majesté ne consentirait jamais,
même en vue de plus grands avan-
tages, à céder ou échanger aucune des
parties du territoire qui forme depuis
tant de siècles l’apanage glorieux de
la Maison de Savoie. Mais il ne
pourrait s'empêcher de prendre en
considération les changements que les
événements qui se sont succédés en
Italie auraient apportés dans la situa-
tion des populations de la Savoie et
de Nice. Au moment où nous ré-
clamons hautement pour les habitants
de l’Italie Centrale le droit de disposer
de leur sort, nous ne saurions, sans
encourir le reproche d'inconséquence

541

M. de Thouvenel hastens to add
that it is by no means the intention
oí the Government of the Emperor
to demand territorial changes which
would be contrary to the wishes of
the people, or to effect the change
without paying regard to the inter-
ests of Switzerland, and without
having consulted the Great Powers
of Europe.

I will not stop to examine the value
of the historical traditions to which
M. de Thouvenel alludes. I'am far
from thinking that the aggrandize-
ment of Sardinia could ever consti-
tute a danger for France, to whom
the late events attach us by the ties
oí gratitude and friendship; never-
theless we are too sensible of what
Italy owes to the Emperor, not to
give the most serious attention to a
request which rests on the principle
of respect for the wishes of the peo-
ple. The Government of His Maj-
esty would never consent, even with
a view to the greatést advantages, to
cede or exchange any portion of the
territory which has formed for so
many ages the glorious appanage of
the House of Savoy; but the King's
Government cannot refrain from tak-
ing into consideration the changes
which the events that have taken
place in Italy have caused with re-
spect to the situation of the People
of Savoy and Nice. At the moment
when we are loudly demanding for
the inhabitants of Central Italy the
right of disposing of their lot, we
could not, without incurring the re-
proach of inconsistency and injus-

542

et d'injustice, refuser aux sujets du
Roi qui habitent au dela des Alpes le
droit de manifester librement leur vo-
lonté.

Quelques vifs que seraient les re-
grets que nous éprouverions si les
provinces qui ont été le berceau glo-
rieux de la Monarchie pouvaient se
décider á réclamer leur séparation
d'avec le reste des Etats du Roi pour
sassocier à d'autres destinées, nous
ne nous refuserions pas à reconnaitre
la valeur de cette manifestation.

Les déclarations de M. Thouvenel
relativement aux Grandes Puissances
et à la Suisse sont de nature á pré-
venir toute fausse interprétation et à
aplanir bien des difficultés. Ces
déclarations, qui sont inspirées par
un sentiment si élevé d’équité et de
justice, ne nous laissent d'ailleurs au-
cun doute que dans toute hypothése
le soin de laisser á la Sardaigne, aussi
bien qu’à la France, une ligne de fron-
tière convenable présiderait à ces né-
gociations.

Veuillez, M. le Chevalier, donner
lecture et laisser copie de cette dépéche
á son Excellence le Ministre des Af-
faires Etrangères; et agréez, &c.

(Signé) C. Cavour.

DOCUMENTS

tice, refuse the subjects of the King
living beyond the Alps the right of
freely manifesting their wishes.

However lively might be the re-
grets which we should feel, if the
provinces which have been the glori-
ous cradle of the Monarchy should
decide upon demanding their separa-
tion from the rest of the King's
States in order to associate them-
selves with other destinies, we should
not refuse to recognize the value of
that manifestation.

The declarations of M. de Thou-
venel relative to the Great Powers,
and to Switzerland, are of a nature
to prevent any false interpretations,
and to smooth over many difficulties.
These declarations, which are in-
spired by such a high feeling of
equity and justice, leave us, more-
over, no doubt that in any hypothesis
the care of leaving to Sardinia as
well as to France a suitable line of
frontier will preside over these nc-
gotiations.

Be so good, M. le Chevalier, as to
read to, and leave a copy of this
despatch with, his Excellency the
Minister for Foreign Affairs, and
accept, &c.

(Signed) C. Cavour.

Proclamation by the Governor of Annecy Announcing that there will be a

Popular Vote.

La question des remaniements ter-
ritoriaux, soulevée d’abord par les

March 8, 1860 *

The question of redistributions of
territory, originally raised in the

1 Text and translation from British Parliamentary Papers, Affairs of Italy [2702], p. 3.

SAVOY AND NICE, 1860

journaux et tout récemment traitée
dans les documents officiels, pouvait
justifier votre anxiété sur l'avenir de
votre noble patrie.

Cependant, la loyauté et la justice
qui ont toujours présidé aux actes du
Gouvernement du Roi aurait dú vous
prémunir contre des alarmes exa-
gérées. |

Préoccupé de votre pénible per-
plexité, je suis heureux maintenant
de pouvoir vous apprendre que vous
allez être vous-memes les arbitres de
vos destinées.

Vous serez appelés à manifester
vos vœux dans la forme légale que le
Parlement déterminera.

Vous aurez vous-même à choisir
entre le Piémont, auquel vous unis-
sent les liens d’une affection séculaire,
et la nation qui, par les rapports d'in-
térets que crée le voisinage et par les
secours généreux qu’elle nous a don-
nées dans la dernière guerre, a tant
de titres à vos sympathies.

Savoisiens!

Je connais trop vos sentiments
pour douter un seul instant que vous
n'apportiez dans cet acte solennel cet
esprit d’ordre et de modération dont
vous avez déjà donné tant de preuves
dans d'autres circonstances. Si l’ele-
ment le plus précieux de toute délib-
ération est la liberté, l’ordre est une
condition non moins essentielle de
toute votation populaire.

Notre magnanime Roi ne saurait se

543

journals, and quite recently treated
of in official documents, might have
justified your anxiety regarding the

. future of your noble fatherland.

Nevertheless, the loyalty and the
Justice which have ever presided over
the acts of the King's Government
ought to have warned you before-
hand against exaggerated alarms.

Having been already concerned
for your painful perplexity, I am now
happy that I have it in my power to
acquaint you that you are yourselves
about to become the arbiters of your
destiny.

You will be summoned to declare
your wishes by a legal formality
which will be determined on by the
Parliament.

You will have to choose for your-
selves between Piedmont, to which
you are united by ancient bonds of
attachment, and the nation which,
from the relations of common inter-
ests which neighbourhood creates,
and from the generous succour which
she has given us in the late war, has
so great a title to your sympathies.

Savoyards!

I know your sentiments too well
to doubt for a single instant that you
will display, in this solemn act, that
spirit of order and moderation of
which you have already, under other
circumstances, given so many proofs.
If the most precious element that can
enter into any deliberation be liberty,
order is no less an essential condi-
tion of all popular voting.

Our magnanimous King could not

544

décider à se séparer des provinces qui
ont été le berceau glorieux de la mo-
narchie que par déférence à leurs dé-
sirs exprimés d'une maniére pacifique
et réguliére.

Rien ne laffligerait plus que des
troubles qui empécheraient de con-
naitre quelle est réellement la volonté
des populations.

Savoisiens!

Vous ne mentirez pas à votre passé!

Vous garderez tous, j'en suis sür,
cette attitude calme et digne qui con-
vient à des citoyens appelés à se pro-
noncer librement sur le sort de leur
patrie.

Annecy, le 8 mars, 1860.

Le Gouverneur,
(Signé) Macar.

DOCUMENTS

resolve to separate from himself
those provinces which have been the
glorious cradle of the Monarchy, ex-
cept out of deference to their wishes
expressed in a peaceful and regular
manner.

Nothing would grieve him more
than disorders which should prevent
the true will of the population from
being ascertained.

Savoyards!

You will not belie your past!

You all will, I am sure of it, pre-
serve that calm and becoming atti-
tude which befits citizens summoned
to pronounce freely upon the destiny
of their native land.

Annecy, March 8, 1860.

The Governor,
(Signed) Maccı.

Dispatch of the British Ambassador at Paris to Lord John Russell?
Earl Cowley to Lord J. Russell

(Extract) Paris, March 9, 1860.

I was surprised, on calling this morning on M. Thouvenel, to find that he
had been for two days in possession of M. de Cavour’s reply to that part of
his Excellency’s despatch of the 24th ultimo which related to the annexation
of Savoy to France.

I proceeded, in compliance with the instructions contained in your Lord-
ship's despatch of the Óth instant, to ask his Excellency in what manner the
promise of the Emperor, that the Great Powers should be consulted on this
matter, is to be carried into effect.

M. Thouvenel replied, that the Sardinian Government having declared that
they would not object to the annexation of Savoy to France, if such should
be the wish of the Savoyards themselves, he was about to draw up a despatch
which would be addressed to the Imperial Representatives at the Courts, par-
ties to the Treaties of 1815, explaining the wishes of the Imperial Govern-

1 British Parliamentary Papers, Affairs of Italy [2638], p. 41.

SAVOY AND NICE, 1860 545
ment, and the reasons why it was considered that these wishes should be ac-
ceded to. His Excellency thought that this despatch would be sent off on
Tuesday or Wednesday next. |

With regard to your Lordship's second question — whether there should
be a previous vote in Savoy and Nice, — M. Thouvenel replied that the Im-
perial Government adhered to the principle of consulting the wishes of the
inhabitants of those two countries. In what manner and at what period this
appeal was to be made, he could not now state; but, as at present advised,
he should say that the communication to the Powers would precede the vote.
He reserved to himself, however, to act in this matter as circumstances might
require. Should the vote be unfavourable, he had no hesitation, in reply to
your Lordship's third question, in stating that the project of annexation would
fall to the ground. Your Lordship's fourth question is answered under the

first. . ..

Proclamation by the Governor of Chambéry.

HABITANTS DE LA PROVINCE DE
CHAMBERY!

Envoyé ici par le Gouvernement du
Roi dans le but de resserrer davantage
les anciens liens qui unissent ces popu-
lations a la Monarchie, je ne pouvais
prévoir des événements qui me sont
étrangers, et qui rendent si difficile
l'accomplissement de ma mission.

Il y a quelque temps qu'une sourde
agitation s'est emparée de l'esprit des
populations de la Savoie. Cette agi-
tation a eu d'abord pour cause la ques-
tion des remaniements territoriaux
soulevée par les journaux et ensuite la
publication récente de documents ofh-
ciels, qui ont fait naitre une pénible
anxiété sur le sort de votre noble pa-
trie.

Préoccupé de vos destinées, le
Gouvernment du Roi, qui jamais ne

March 10, 1860 !

INHABITANTS OF THE PROVINCE OF
CHAMBERY!

Being sent here by the King's Gov-
ernment for the purpose of binding
more closely together the ancient ties
which unite these populations to the
Monarchy, I could not foresee events
which are new to me, and which
make the accomplishment of my mis-
sion so difficult.

Some time ago, a secret agitation
seized upon the minds of the popu-
lation of Savoy. The first cause of
this agitation was the question of ter-
ritorial alterations, stirred up by the
newspapers, and, afterwards, the
publication of official documents,
which have caused a painful anxiety
to be felt respecting the fate of your
noble country.

Preoccupied with your destinies,
the King's Government, which has

1 Text and translation from British Parliamentary Papers, Affairs of Italy [2702], p. 1.

546

s'est éloigné des voies de la justice et
de la loyauté, avant de prendre au-
cune résolution, fera appel á une sin-
cere manifestation des vœux des
populations, selon la forme légale que
le Parlement du Royaume voudra
établir.

Vous serez alors appelés a choisir
entre cette ancienne Monarchie de
Savoie, a laquelle vous unissent une
affection séculaire et un-dévouement
sans bornes, et la nation, qui a tant de
titres à vos sympathies, soit a raison
de son voisinage, soit a raison de bien-
faits récents.

Quelque vif que serait au coeur du
Roi le regret qu'il éprouverait si les
provinces qui ont été le berceau glo-
rieux de la Monarchie pouvaient se
décider a se séparer d’avec le reste
des Etats, il ne se refuserait pas a
reconnaitre la valeur de cette mani-
festation, exprimée d'une manière
pacifique et régulière; mais rien n’af-
fligerait autant le coeur de notre mag-
nanime Roi que si, en faisant loyale-
ment appel à vos vœux, des désordres
venaient troubler la solennelle mani-
festation demandée franchement à
ces populations, et empêcher en même
temps de connaître réellement votre
volonté.

Prêt à maintenir l'ordre et le re-
spect aux lois, Je compterai en tout
cas sur l'attitude calme et tranquille
qui convient à un peuple qui doit se
prononcer sur le sort de sa patrie.

Chambéry, le 10 mars, 1860.
Le Gouverneur,
(Signé) Orso SERRA.

DOCUMENTS

never wandered from the paths of
justice and loyalty, before taking any
resolution, will appeal to a sincere
manifestation of the wishes of the
population, according to the legal
form which the Parliament of the
kingdom shall wish to establish.
You will then be called upon to
choose between this ancient Mon-
archy of Savoy, to which you are
united by old affection and by unlim-
ited devotion, and the nation which
has so many claims on your sympa-
thies, whether on account of its
neighbourhood or on account of re-
cent benefits. However great might
be the regret felt by the King, if the
provinces which have been the glori-
ous cradle of his kingdom should de-
cide to separate themselves from the
rest of his States, he would not re-
fuse to recognize the value of this
manifestation, expressed in a peace-
ful and regular manner; but nothing
would afflict the heart of our mag-
nanimous King more, than if, whilst
loyally appealing to your wishes, dis-
orders should trouble the solemn
manifestation asked of this popula-
tion, and, at the same time, prevent
your will from being really known.

Ready to maintain order and re-
spect for the laws, I shall expect, un-
der all circumstances, that calm and
tranquil conduct which is suited to
a people about to pronounce on the
fate of their native country.

Chambery, March 10, 1860.

The Governor,
(Signed) Orso SERRA.

SAVOY AND NICE, 1860

547

Protest of the Swiss Government Against the Annexation of Savoy to France!

Dr. Kern to M. Thouvenel

Paris, le 15 mars, 1860.
M. LE MINISTRE,

En suite d'une dépéche de Berne,
je dois informer votre Excellence que
le Conseil Fédéral a adressé au Gov-
ernement de Sa Majesté le Roi de
Sardaigne une note, oú il demande
l’observation des stipulations du
Traité de 1564, confirmé par le Traité
du 16 mars, 1816, entre la Sardaigne
et la Suisse, en tant qu'elles touchent
la cession du territoire actuel de la
Savoie à une autre Puissance.

Je dois observer que mon Gouverne-
ment regarde tout particulièrement
toute annexion des Provinces neu-
tralisées du Chablais, du Faucigny, et
du Génévois, à une autre Puissance,
comme étant en contradiction avec les
stipulations des Traités de 1815, qui
garantissent ces Provinces, dans l'in-
térêt de la neutralité Suisse, comme si
elles étaient une partie intégrante de

la Confédération en déclarant ‘qu’elles

doivent jouir de la neutralité de la
Suisse de la même manière que si
elles appartenaient à celle-ci.”

En attendant, mes instructions
m'imposent le devoir, en me référant
aux considérations que j'ai eu l’hon-
neur de vous exposer dans l'audience
que vous avez bien voulu m'accorder
le 13 mars, de protester formelle-
ment, au nom de la Confédération
Suisse, contre toute mesure qui aurait

Paris, March 15, 1860.
M. LE MINISTRE,

In compliance with a despatch
from Berne, it is my duty to inform
your Excellency that the Federal
Council has addressed to His Majes-
ty the King of Sardinia a note, in
which it demands the observation of
the stipulations of the Treaty of
1564, confirmed by the Treaty of
the 16th of March, 1816, between Sar-
dinia and Switzerland, so far as they
affect the session of the existing Sa-
voyard territory to another Power.

I must observe, that my Govern-
ment most distinctly regards any an-
nexation of the neutralized Prov-
inces of Chablais, Faucigny, and the
Genevese to another Power as being
in contradiction to the stipulations of
the Treaties of 1815, which guaran-
tee those Provinces, in the interest of
Swiss neutrality, as if they were an
integral portion of the Confedera-
tion, declaring “that they are to
benefit by the neutrality of Switzer-
land in the same way as if they be-
longed to her.”

Meanwhile, my instructions im-
pose on me the duty, referring to the
reasons which I had the honour to
state to you at the audience which
you were good enough to grant me
on the 13th of March, to protest
formally, in the name of the Swiss
Confederation, against any measure

1 Text and translation from Parliamentary Papers, Affairs of Italy [2702], p. 4.

548

pour but d'annexer ces Provinces á
la France, jusqu’à ce que les Puis-
sances de l’Europe, auxquelles le
Gouvernement Impérial lui-méme a
déclaré vouloir soumettre cette ques-
tion ce soient prononcées.

Je profite, &c.
KERN.

DOCUMENTS

which should have for its object the
annexation of those provinces to
France, until the Powers of Europe,
to whom the Imperial Government

itself has declared its desire to sub-

mit this question, shall have pro-
nounced their opinion.
I avail, &c.
KERN.

Views of the French Government on the Swiss Protest?

M. Thouvenel to M. Tillos

Paris, le 13 mars, 1860.

MONSIEUR, ©

Le Conseil Fédéral, ne pouvant se
dissimuler l’importance et l’unanimité
des manifestations que provoque en
Savoie l'éventualité d'un démembre-
ment, a chargé M. Kern de me de-
mander si le Gouvernement de 1'Em-
pereur persistait á ce sujet dans les
intentions que je vous ai fait con-
naitre. M. le Ministre de Suisse,
durant notre entretien, m'a fait en-
tendre que si la Confédération Helvé-
tique ne devait obtenir ni le Chablais
ni le Faucigny, il ne resterait a son
Gouvernement qu’à protester auprès
des Cours signataires des Traités de
Vienna contre toute modification du
statu quo, et à soulever, sans nulle
hésitation, une question très grave et
très embarrassante pour le Gouverne-
ment de Sa Majesté Impériale.

Voici en substance ce que j'ai ré-
pondu à M. Kern:— ...

Paris, March 13, 1860.
SIR,

The Federal Council, being un-
able to conceal from itself the im-
portance and the unanimity of the
manifestations which the prospect of
a dismemberment has called forth in
Savoy, instructed M. Kern to de-
mand of me whether the Government
of the Emperor persisted in the in-
tentions, with regard to this subject,
which 1 have communicated to you.
The Swiss Minister, during our con-
versation, gave me to understand that
if the Swiss Confederation was not
to obtain either Chablais or Faucigny,
it would only remain for his Gov-
ernment to protest at the Courts
which signed the Treaties of Vienna,
against any modification of the
status quo, and to raise, without any
hesitation, a question very grave and
very embarrassing to His Imperial
Majesty’s Government.

What follows is the substance of
my reply to M. Kern: ...

1 Text and translation from British Parliamentary Papers, Affairs of Italy [2702], p. 6.

SAVOY AND NICE, 1860

Nous avons voulu, des l'origine,
concilier tous les intérets, et nous
sommes encore préts à entrer dans vos
vues; mais s'il nous est démontré que
nous ne pourrons obtenir la Savoie,
avec l'agrément et selon les vœux des
populations, sans renoncer á en ac-
cepter le démembrement à votre avan-
tage, nous nous soumettrons à cette
condition, et le Conseil Fédéral recon-
naitra lui-même que nous ne saurions
la décliner. Nous cherchons scrupu-
leusement à nous renseigner à cet
égard et à connaitre, aussi exactement
que possible, les véritables disposi-
tions des habitants sur ce point; ce
qu’on ne peut nous demander, c'est

de subordonner nous-mêmes la ces-

sion du territoire que nous jugeons :

indispensable pour la sécurité de nos
frontières, à celle que sollicite le
Gouvernement Fédéral, et de réussir
ou d'échouer avec lui, en plaçant les
populations dans l'obligation de se
prononcer contre leur réunion a la
France si elles ne veulent consentir à
remettre à la Suisse une portion de la
Savoie. Cette solution maintiendrait
l’état de choses actuel qui convient à
la Confédération; elle ne saurait con-
venir à la France, qui, sans avoir le
Chablais et le Faucigny, perdrait
également les autres districts de-
venus nécessaires à notre propre dé-
fense. Il y a, comme vous le voyez,
une différence notable entre la position
des deux Gouvernements et nous
devons en tenir compte. L’agitation
que soulève le partage de la Savoie ne
se serait d’ailleurs produite à ce de-
gré si, pendant que nous laissions aux

549

We wished, from the beginning, to
conciliate all interests, and we are
still ready to enter into your views:
but if 1t is demonstrated to us that
we cannot obtain Savoy, with the
consent and according to the wishes
oí the Populations, without refusing
to accept its dismemberment to your
advantage, we will submit to this
condition, and the Federal Council
will itself admit that we could not
decline it. We are scrupulously
seeking to inform ourselves in this
respect, and to ascertain, as clearly
as possible, the true disposition of the
inhabitants on this point; what can-
not be demanded of us is, that we
should ourselves make the cession of
the territory which we consider in-
dispensable for the security of our
frontiers, subordinate to that which
the Federal Government requires,
and that we should succeed or fail
with it, by placing the populations
under the obligation of pronouncing
against their union with France if
they do not wish to consent to yield
a portion of Savoy to Switzerland.
This solution would maintain the ex-
isting state of things which suits the
Confederation; it could not suit
France, who, without gaining Cha-
blais and Faucigny, would also lose
the other districts become necessary
for our own defence. There is, as
you see, a notable difference between
the position of the two Governments,
and we should take this into account.
Besides, the agitation excited by the
partition of Savoy could not have
been produced to the extent it has,

550

populations le soin d'apprécier libre-
ment leur véritable.intérét dans cette
question, des émissaires Suisses n'eus-
sent pas donné l’alarme et joint à leur
propagande des menées- qui ont eu
pour effet de blesser le sentiment na-
tional. . ..

Tel est, Monsieur, le langage que
j'ai tenu à M. Kern; je ne doute pas
qu'il n’en rende un compte exact à son
Gouvernement ; je vous autorise, néan-
moins, à donner lecture de cette dé-
pêche à M. le Président du Conseil
Fédéral.

Recevez, &c.
(Signé) THOUVENEL.

DOCUMENTS

if, whilst we were leaving to the
populations the care of freely com-
prehending their true interest in this
question, Swiss emissaries had not
given the alarm, and united with their
propagandism intrigues, the effect of
which was to wound the national
feeling. . ..

Such, Sir, is the language which I
held to M. Kern. 1 do not doubt his
giving a correct account of it to his
Government; nevertheless, 1 author-
ized you to read this despatch to the
President of the Federal Council.

Receive, &c.
(Signed) THOUVENEL.

| Swiss Protest to Sardinia *

M. Tourte to Count Cavour

Turin, le 14 mars, 1860.
EXCELLENCE,

Le Conseil Fédéral, postérieure-
ment á la date de la note dont je viens
de vous donner lecture, a su que les
Intendants de la Savoie ont publié à
Chambéry et à Annecy des proclama-
tions par lesquelles ils annoncent aux
citoyens une votation prochaine rela-
tive à l’annexion de leur pays à la
France.

En présence de cette manifestation
officielle des intentions du Gouverne-
ment Sarde, et sans prétendre s’op-
poser en principe à des rectifications
de frontières qui peuvent étre dans
les convenances de la France et de la

Turin, March 14, 1860.
EXCELLENCY,

The Federal Council, after the
date of the note which I have just
read to you, was made aware that
the Intendants of Savoy had pub-
lished at Chambery and at Annecy,
Proclamations by which they an-
nounce to the citizens an approach-
ing vote relative to the annexation of
their country to France.

In face of this official manifesta-
tion of the intentions of the Sardin-
ian Government, and without pre-
tending to oppose himself in prin-
ciple to amendments of frontiers
which may be suited to France and

1 Text and translation from British Parliamentary Papers, Affairs of Italy [2702], p. 18.

SAVOY AND NICE, 1860

Sardaigne, et conformes aux vœux
d'une partie des populations Savoi-
siennes, le Soussigné, faisant appel a
la loyauté de Sa Majesté Victor
Emanuel II, dont les ancétres ont juré
les Traités qu'invoque la Suisse,
Traités religieusement observés par
elle, demande au Gouvernement Sarde
de ne pas procéder plus avant dans la
voie qu'indiquent les proclamations
affichés à Chambéry et Annecy, sans
que des négociations soient ouvertes
avec la Confédération Suisse, aux fins
de préparer une solution des questions
pendantes de nature à respecter les
droits, tout en ménageant les intérêts
bien entendus des limitrophes.

Tant qu’une entente avec la Suisse
ne sera pas intervenue pour régler ce
qui, aux termes des Traités, la con-
cerne dans l'éventualité d’une cession
de la Savoie à une autre Puissance,
le Soussigné, au nom et par ordre du
Conseil Fédéral, proteste contre toute
votation, ou tout autre acte dont le
résultat pourrait apporter un change-
ment à l’état actuel des choses en Sa-
voie.

Dans l'espoir que les légitimes ré-
clamations de la Suisse seront accueil-
lies par votre Excellence avec cette
bienveillance qui a toujours carac-
terisé les rapports entre le Gouverne-
ment du Roi et la Confédération, le
Soussigné, &c.

(Signé) A. TOURTE.

551

Sardinia, and in conformity to the
wishes of a part of the Savoyard
population, the Undersigned, appeal-
ing to the loyalty of His Majesty
King Victor Emanuel II, whose an-
cestors swore to the Treaties which
Switzerland now invokes,— Trea-
ties which have been strictly ob-
served by her,— demands of the Sar-
dinian Government that they should
not proceed further in the path which
the Proclamations published at
Chambery and Annecy point out,
without opening negotiations with
Switzerland, in order to prepare a
solution of the pending questions of
such a nature as to respect all rights,
at the same time being careful of the
clearly-recognized interests of the
provinces on the border.

As long as an understanding with
Switzerland shall not have been come
to in order to arrange that which, in
the terms of the Treaty, concerns it
in the event of a cession of Savoy
to another Power, the Undersigned,
in the name of and by order of the
Federal Council, protests against any
voting, or any other act which would
result in a change in the present state
of affairs in Savoy.

Hoping that the legitimate de-
mands of Switzerland will be re-
ceived by your Excellency with that
courtesy which has always distin-
guished the communications between
the King’s Government and the Con-
federation, the Undersigned, &c.

(Signed) A. TOURTE.

552

DOCUMENTS

Declaration Signed by Inhabitants of Northern Savoy, Asking for Union with
Switzerland. March 16, 1860 1

AUX HAUTES PUISSANCES!

Les Soussignés ont l’honneur d'ex-
poser, au nom d'un grand nombre de
leurs compatriotes, qu'appelés, comme
ressortissants de la Monarchie Sarde,
à voir se rompre définitivement les
liens qui les unissaient à leur Roi et
à manifester, en conséquence, les
vœux qu'ils forment pour la recon-
struction politique de leurs pays, ils
croient devoir faire connaitre aux
Puissances, dont l’assentiment a été
jusqu'ici nécessaire aux remaniements
territoriaux en Europe, que les popu-
lations habitant la Savoie du nord ont
déja, en prévision d'une séparation re-
grettable de la Monarchie Sarde, té-
moigné hautement, par des adhésions
personnelles et nombreuses, leur désir
d’être, en ce cas, réunis à la Con-
fédération Suisse, dont l’anciennes re-
lations de bon voisinage, la commun-
nauté des intérets, des habitudes, des
besoins, et des mœurs les a depuis
longtemps intimement rapprochées.

Ce désir, qui des lors a trouvé sa
sanction dans les assurances données
par les Gouvernements Français et
Sarde que la volonté des populations
comme les intérêts de la Suisse, qui
possède des droits sur notre territoire,
seraient pris en sérieuse considération,
les autorise à réclamer de ceux à
l'examen desquels le Chef du Gouv-
ernement Francais a déclaré que cette

To THE HicH Powers!

The Undersigned have the honor
to state, in the name of a large num-
ber of their compatriots, that being
invited, as subjects of the Sardinian
Monarchy, to see the bonds defin-
itively broken which united them to
their King, and to manifest, in con-
sequence, the wishes which they form
for the political reconstruction of
their country, they think it their duty
to inform the Powers whose assent
has hitherto been necessary to terri-
torial readjustments in Europe, that
the populations inhabiting Northern
Savoy have already, in anticipation
of a separation, which they will regret,
from the Sardinian Monarchy, clear-
ly testified, by personal and numer-
ous adhesions, their desire to be, in
that case, annexed to the Swiss
Confederation, with whom ancient
relations of good neighborhood,
community of interests, habits,
wants, and manners, have long in-
timately connected them.

This desire, which has also found
sanction in the assurances given by
the French and Sardinian Govern-
ments, that the will of the popula-
tions, as well as the interests of
Switzerland, who possesses rights
over our territory, should be taken
into serious consideration, author-
izes them to claim from those to
whose examination the Chief of the

1 Text and translation from British Parliamentary Papers, Affairs of Italy [2702], p. 32.

SAVOY AND NICE, 1860

affaire doit être soumise, leur bien-
veillante attention et leur sérieux

appui.

En conséquence, ils ont l'honneur
de porter à la connaissance des Hautes
Puissances le texte de la déclaration
ci-jointe qui émane des Provinces du
Chablais, du Faucigny, et du Géné-
vois, avec les signatures déjà au nom-
bre de plus de 11,000 recueillies jus-
qu'a ce jour dans les communes de ces
trois provinces.

16 Mars, 1860.
Les Présidents des Comités,
(Signé)
JosEPH Bar, Avocat, Bonneville,
TH. A. BETEMPS, Ingénieur-Géo-
graphe, Thonon.
HENRI FAURAX, Avocat, St. Julien.
(Des adresses particulières ont été
envoyées à leurs Majestés le Roi de
Sardaigne et l'Empereur des Fran-
çais, ainsi qu'au Conseil Fédéral).

DÉCLARATION DES HABITANTS DU
NORD DE LA SAVOIE

Les Souissignés, habitant la Com-
mune de ............... , province
de ................ .., inquiets des
bruits qui se répandent, et d’après les-
quels la Savoie cesserait de faire par-
tie des Etats de Sa Majesté Sarde,
désirent consigner ici l'expression de
leur dévouement au Roi, et le vœu
qu'ils forment de ne voir aucun
changement apporté a leur union avec
la Monarchie Sarde.

Mais, d'autre part, et dans le cas où
des raisons politiques dont ils ne veu-

553

French Government has declared that
this affair must be submitted, their
kind attention and their serious sup-
port.

Consequently, they have the honour
to bring to the knowledge of the High
Powers the text of the annexed decla-
ration, which emanates from the prov-
inces of Chablais, Faucigny, and the
Genevese, with the signatures col-
lected up to this day in the communes
of these three provinces, amounting
already to the number of more than

- 11,000.

March 16, 1860.
The Presidents of the Committees,
(Signed )
Josepu BARD, Advocate, Bonneville,
TH. A. BETEMPS, Geographical En-
gineer, Thonon.
HENRY FAURAX, Advocate, St. Julien.
(Special Addresses have been sent
to their Majesties the King of Sar-
dinia and the Emperor of the French,
as well as to the Federal Council).

DECLARATION OF THE INHABITANTS
Or NORTHERN SAVOY

The Undersigned, inhabitants of
the commune of
ince Of ............ .., disturbed by
the rumors which are current, and
according to which Savoy would cease
to form part of the States of His Sar-
dinian Majesty, desire to record here
the expression of their devotion to the
King, and the wish which they form

‘not to see any change made in their

union with the Sardinian Monarchy.
But, on the other hand, in case po-
litical reasons, of which they do not

-

554

lent point se faire juges, rendraient
une séparation inévitable, ¡ls sont con-
vaincus que leur Souverain ne dis-
posera pas de sujets fideles, sans leur
avoir permis de manifester leurs
vœux, dans une circonstance aussi
importante pour leur avenir.

En conséquence, et malgré les sym-
pathies que peut éveiller un grand et
glorieux Empire, ils témoignent ex-
préssement leur désir d’être réunis à
la Confédération Suisse, de laquelle
les rapprochent dès longtemps la com-
munauté des intérêts et des sentiments,
ainsi que les relations de bonne amitié
dont 1ls ont reçu tant de preuves.

[Signed by 11,052 individuals.]

DOCUMENTS

wish to constitute themselves judges,
should render a separation inevitable,
they are convinced that their Sov-
ereign will not dispose of faithful sub-
jects without having permitted them
to manifest their wishes in a matter
so important for their future.

Consequently, and in spite of the
sympathies which a great and glori-
ous Empire may excite, they express-
ly testify their desire to be annexed to
the Swiss Confederation, to which
they have been long attached by com-
munity of interests and sentiments, as
well as by the relations of friendship
of which they have received so many
proofs.

[Signed by 11,052 individuals. ]

Address to Napoleon III by a Deputation from the Provincial and Municipal
Councils of Savoy, Protesting against the Separation of Chablais and Fau-

cigny. March 21, 1860 *

Paris, le 21 mars, 1860.

L’Empereur a reçu aujourd’hui aux
Tuileries une Députation de Conseil-
lers Provinciaux de la Savoie, et de
Conseillers Municipaux des villes prin-
cipales, chargés de présenter a Sa
Majesté les Adresses de leurs concito-
yens au sujet de l’annexion.?

Paris, March 21, 1860.

The Emperor received to-day, at
the Tuileries, a deputation of Provin-
cial Councillors of Savoy, and Munic-
ipal Councillors of the principal
towns, charged to present to His
Majesty the Addresses of their fel-
low-citizens on the subject of the an-
nexation.!

1 Text and translation from British Parliamentary Papers, Affairs of Italy [2702], p. 25;
Extract from the Monsteur of March 22, 1860.

2 Note in Parliamentary Papers: Les deux Conseils Provinciaux de la Savoie sont nom-
més par le suffrage de tous les habitants payant 5 francs de contributions dans les communes
rurales et un cens proportionnel dans les villes et bourgs. Il y à un mois à peine que les
Conseils d'Annecy et de Chambéry ont été renouvelés.

Translation: The two provincial Councils of Savoy are named by the vote of all the
inhabitants paying 5 francs of taxes in the rural communes, and a proportional rate in the
towns and boroughs. It is scarcely a month since the Councils of Annecy and Chambery
were renewed.

SAVOY AND NICE, 1860

Sa Majesté l’Impératrice assistait a
cette réception, ainsi que son Altesse
Impériale le Prince Impérial.

Leurs Majestés étaient entourées
des officiers et dames de service.

Le Président de la Députation, M.
le Comte Greyfié de Bellecombe, a
donné lecture à Sa Majesté de l’Ad-
resse suivante : —

‘ SIRE,

“ En approchant de votre Majesté,
un premier sentiment nous domine
tous: c’est celui de notre profonde ad-
miration pour le Souverain qui, après
avoir été élu par la France entière, a
su en augmenter encore la gloire et la
prospérité.

“ Sire, tant de liens naturels, tant
de glorieux souvenirs, tant de sympa-
thies unissent la Savoie à la France,
qu’elle a tressailli de bonheur lorsque
la parole auguste de votre Majesté a
donné à esperer a notre partie qu'elle
allait étre appelée à faire partie de la
grande famille Française, avec l’as-
sentiment de son légitime Souverain.

‘ Une seule préoccupation a pu en
arrêter jusqu'ici l'élan : c'est la crainte
de voir démembrer en faveur de la
Suisse une nationalité compacte par
l'affection et par tant de liens de tout
genre.

“Les Conseillers Provinciaux qui
représentent la Savoie nous ont
chargés, Sire, de venir déposer aux
pieds de votre Majesté l’instante
prière d’éloigner de notre partie un
pareil malheur, et les Conseillers Mu-
nicipaux des villes principales ont

555

Her Majesty the Empress assisted
at this reception, as well as His Im-
perial Highness the Prince Imperial.

Their Majesties were surrounded
by officers and ladies in waiting.

The President of the Deputation,
Count Greyfié de Bellecombe, read to
His Majesty the following Address :—

“ Sire, .

“ In approaching your Majesty, the
chief sentiment which inspires us all
is that of profound admiration for
the Sovereign who, after having been
elected by entire France, has known
how to augment her glory and her
prosperity.

“Sire, so many natural ties, so
many glorious recollections, so many
sympathies unite Savoy to France,
that she trembled with happiness when
your Majesty’s august word gave our
party the hope that she was to be in-
vited to form part of the great French
family, with the consent of her legit-
imate Sovereign. -

‘ Only one doubt has had the power
of hitherto arresting our enthusiasm;
1t was the fear of seeing dismem-
bered, in favour of Switzerland, a
nationality compact by affection and
by so many bonds of every descrip-
tion,

“ The Provincial Councillors who
represent Savoy have charged us,
Sire, to deposit at your Majesty’s feet
the urgent prayer to avert such a
misfortune from our party; and the
Municipal Councillors of the princi-

556

voulu joindre leurs députations a la
nótre.

‘ SIRE,

“Votre Majesté appréciera la ré-
serve imposée à des corps constitués, à
des hommes qui ont toujours été les
fidèles sujets de leur Roi, comme ils le
seront de votre Majesté. Mais, après
les actes du Gouvernement du Roi, il
nous sera permis sans doute d’adresser
à votre Majesté l’expression des sen-
timents que nous éprouvons pour la
France, auprès de laquelle la Savoie
trouvera non seulement la grandeur et
la gloire, mais encore la sympathie et
la sauvegarde de tous ses intérets
moraux et matériels.

“Des bords du Lac Léman aux
vallées du Mont Cenis, ceux qu'ont
honorés les suffrages de leurs concito-
yens sont accourus auprès de votre
Majesté pour lui exprimer la joie que
la Savoie éprouvera lorsqu'elle sera
tout entière réunie à la France, et
qu'elle pourra toujours, avec cette
grande et noble nation, n'avoir qu'un
cri, celui de ‘Vive l'Empereur!”
‘Vive la France!” ”

L'Empereur a repondu:

“ MESSIEURS,

“Je vous remercie des sentiments
que vous venez de m'exprimer, et je
vous reçois avec plaisir. Le Roi de
Sardaigne ayant accédé au principe de
la réunion de la Savoie et du Comté
de Nice à la France, je puis, sans man-
quer à aucun devoir international,
vous témoigner ma sympathie et
agréer l'expression de vos vœux.

DOCUMENTS

pal towns wished to join their Depu-
tations to ours.

“* SIRE, |

“ Your Majesty will appreciate the
reserve imposed on the constituted
bodies, on men who have ever been
faithful subjects of their King, as they
will be of your Majesty. But, after
the acts of the King's Government, it
will doubtless be permitted us to ad-
dress to your Majesty the expression
of the sentiments which we feel to-
wards France, in who Savoy will find
not only grandeur and glory, but also
sympathy and security for all her
moral and material interests.

“ From the shores of Lake Leman
tc the valleys of Mont Cenis, those
whom the votes of their fellow-citi-
zens have honoured have hastened to
your Majesty to express to you the
joy which Savoy will feel when she
shall be in her entirety united to
France, and when she shall ever be
able, with that great and noble nation,
to have but one cry,— that of ‘ Vive
l’Empereur!’ ‘Vive la France!” ”

The Emperor replied :—

“ GENTLEMEN,

“I thank you for the sentiments
which you have expressed, and I re-
ceive you with pleasure. The King
of Sardinia having acceded to the
principle of the annexation of Savoy
and the County of Nice to France, I
may, without violating any interna-
tional duty, testify to you my sym-
pathy and accept the expression of

SAVOY AND NICE, 1860

Les circonstances dans lesquelles se
produit cette rectification de frontiéres
sont si exceptionnelles que tout en ré-
pondant á des intéréts légitimes, elles
ne blessent aucun principe et par con-
séquent n'établissent aucun précédent
dangereux.

“En effet, ce n'est ni par la con-
quéte ni par l'insurrection que la Sa-
voie et Nice seront réunies à la
France, mais par le libre consente-
ment du Souverain légitime appuyé
de l’adhésion populaire. Aussi, tout
ce qui en Europe ne cède pas à un
esprit d'antagonisme d’une autre
époque, regarde comme naturelle et
équitable cette adjonction de terri-
toire. L’accueil fait aux communica-
tions adressées par mon Gouverne-
ment aux Puissances représentées au
Congrés de Vienne autorise pour la
plupart d'entre elles la juste espérance
d'un examen favorable.

“ Mon amitié pour la Suisse m'avait
fait envisager comme possible de dé-
tacher en faveur de la Confédération
quelques portions du territoire de la
Savoie; mais devant la répulsion qui
s'est manifestée parmi vous à l'idée
de voir démembrer un pays qui a su
se créer à travers les siècles une indi-
vidualité glorieuse et se donner ainsi
une histoire nationale, il est naturel
de déclarer que je ne contraindrai pas
au profit d'autrui le vœu des popula-
tions. Quant aux intérêts politiques
et commerciaux qui lient à la Suisse
certaines parties de la Savoie, il sera
facile, je crois, de les satisfaire par
des arrangements particuliers.

557

your wishes. The circumstances
which have produced this rectification
of frontiers are so exceptional, that,
whilst answering legitimate interests,
they wound no principle, and conse-
quently establish no dangerous prece-
dent.

“In fact, it is neither by conquest
nor by insurrection that Savoy and
Nice will be annexed to France, but
by the free consent of the legitimate
Sovereign, supported by the adhesion
of the people. Besides, every Power
in Europe which is not influenced by
an antiquated spirit of antagonism,
regards this addition of territory as
natural and equitable. The reception
given to the communications ad-
dressed by my Government to the
Powers represented at the Congress
of Vienna, authorise, for the most
part, the just hope of a favourable ex-
amination.

“My friendship for Switzerland
made me consider it possible to de-
tach, in favour of the Confederation,
certain portions of the territory of
Savoy; but in face of the repulsion
which has been manifested among you
at the idea of seeing a country dis-
membered which has through cen-
turies created for itself a glorious in-
dividuality, and has also given itself
a national history, it is natural to de-
clare that I shall not constrain the
will of the populations for another’s
profit. As for the political and com-
mercial interests which bind certain
portions of Savoy to Switzerland, it
will, I think, be easy to satisfy them
by special arrangements.

558

“ J'espère donc, Messieurs, pouvoir
bientót vous considérer comme mem-
bres de la grande famille Francaise.
Je tiendrai à honneur de réaliser toutes
vos espérances, et l'annexion d'un pays
que tant de liens rattachent à la France
deviendra pour lui une nouvelle cause
de prospérité et de progrès.

“ En retournant au milieu de vos
concitoyens, dites-leur combien j'ai
été touché de la manifestation dont
vous avez été les honorables organes.
Il y a parmi vous tant de descendants
de ces familles qui ont contribué à
l'illustration de la France, dans la car-
rière des sciences comme dans celle des
armes, que tout concourt à expliquer
et à justifier l’œuvre de l'union qui se
prépare.”

DOCUMENTS

‘I hope, therefore, Gentlemen, that
I shall soon be able to consider you as
members of the great French family.
I shall make it a point of honour to
realise all your hopes, and the an-
nexation of a country bound by so
many ties to France will be to her a
fresh cause of prosperity and prog-
ress.

“ When you return to your fellow-
citizens, tell them how much I have
been touched by the manifestation of
which you have been the honourable
organs. There are among you so
many descendants of those families
which have contributed to the lustre
of France, in the career of science as
well as in that of arms, that every-
thing combines to explain and justify
the work of union which is in prepara-
tion.”

Address to Victor Emanuel by the Municipality of Nice, Protesting against

the Proposed Annexation.

SIRE,

Quando i popoli dell’Italia Centrale
(al grido di dolore dei quali non pote
restare insensibile il magnanimo cuore
di vostra Maestà), fatti arbitri dei
loro destini, manifestavano fermo più
che mai ed irremovibile il proposito di
unirsi al Costituzionale vostro Regno,
documenti ufficiali vennero dare cre-
dito ed autorità alla voce già da tempo
diffusa, che Nizza colla sua contea
potesse essere ceduta ed unita all'Im-
pero Francese.

March 19, 1860 *

SIRE,

WHEN the people of Central Italy
(to whose cry of pain your Majesty
could not remain insensible), become
arbiters of their own destiny, showed
the firm intention of uniting them-
selves to your Constitutional King-
dom, official documents gave ground
for the report that the County of
Nice was to be ceded to France.

1 Text and translation from British Parliamentary Papers, Affairs of Italy [2707], p. 29.

The translation although not verbatim is sufficiently accurate.

The date is approximate only,

the address being undated. It was forwarded by Sir James Hudson to Lord John Russell

on March 21.

SAVOY AND NICE, 1860

La popolazione di Nizza, fidele alle
sue tradizioni di amore e di devozione
verso la Reale vostra Dinastia, e le
libere istituzioni che ci reggono, si è
vivamente commossa, e la Giunta Mu-
nicipale, organo della legale sua rap-
presentanza, si è creduto in dovere di
rompere il rispettoso silenzio che
finora aveva serbato.

Ascoltate, o Sire, la sua voce: essa
vi parla in nome dei cinque secoli di
storia che Nizza ha comuni coll’antica
vostra prosapia, in nome delle prove
di costante ed inalterabile fedeltà che
non cessò di dare ai Reali vostri prede-
cessori ed alla Maestà vostra, dei sac-
rifizi ai quali si espose, dei patimenti
che sopportò per la sua fedeltà.

E impossibile che l’idea di separarvi
da sudditi così fedeli ed antichi, non
commuova il generoso vostro cuore.
Seguitene gl'impulsi, e tramandate ai
vostri posteri questa parte del glorioso
retaggio che ricevute dai vostri mag-
giori.

Che se la parte gloriosa che la
Francia ebbe nella liberazione dell'-
Italia Centrale, e i vincoli d'immensa
gratitudine coi quali si è avvinto il
Regno novello, non valgono a rassi-
curare l’augusto e potente vostro
alleato, e desidera garantie per la
sicurezza delle sue frontiere, si neu-
tralizzi Nizza senza staccarla dal glo-
rioso vostro scettro, e saranno cal-
mate tutte le apprensioni ed appagati
tutti i voti.

(Firmato) Avvocato MALAUSSENA,
Sindaco — A. F. LuBonIs — CONTE
Enrico Dr FALICON — Cav. ARSON
Gonzaga — Bunico — MoNTOLIVO.

559 :

The population of Nice, faithful to
their traditions of love and devotion
to your Royal Dynasty and your lib- —
eral institutions, are much moved, and
think it their duty to break the re-
spectful silence they have hitherto
kept.

They speak to your Majesty in the
name of five centuries of history
which Nice has in common with your
race, in the name of the unwavering
loyalty and faith which ‘she has not
ceased to give your Royal prede-
cessors and to your Majesty, and of
what she has suffered for her fidelity.

It is impossible that the idea of
parting with such old and faithful
subjects can be indifferent to your
heart. Follow its impulses, and hand
down to your posterity this part of
the glorious heritage left you by your
ancestors.

If the glorious part France played
in freeing [Central] Italy, and the
bonds of great gratitude which bind
the new kingdom to her, do not suffice
to reassure your potent ally, and she
desires a guarantee for the security of
her frontier, let Nice be neutralized
instead of being separated from your
glorious sceptre, and all apprehen-
sions will be calmed and all wishes
satisfied.

(Signed) MALAUSSENA, Syndic;
A. F. LuBonis; Conte ENRICO DI
FALICON; Cav. ARSON GONZAGA;
Bunico; MONTOLIVO.

560

DOCUMENTS

Notes Exchanged Between Switzerland, France and Sardinia *

Count Cavour to M. Jocteau

Turin, le 21 mars, 1860.
M. LE COMMANDEUR,

M. Tourte m'a remis copie de la
note que vous trouverez ci-jointe, par
laquelle le Conseil Fédéral appelle Pat-
tention du Gouvernement du Roi sur
la position juridique des provinces
neutralisées de la Savoie. Il rappelle
à cet effet le Traité de 1564, entre la
Savoie et Berne, et les stipulations
Européennes de 1815.

\

M. Tourte en me laissant copie de
cette note m'en a adressée une autre
dans laquelle, en se référant aux pro-
clamations des Gouverneurs de Cham-
béry et d'Annecy, annonçant une vota-
tion prochaine relative à l'annexion de
la Savoie à la France, il proteste, au
nom du Conseil Fédéral, contre toute
votation ou toute autre acte dont le
résultat pourrait apporter un change-
ment à l’état actuel des choses en Sa-
voie. Vous trouverez également ci-
joint copie de la note de l’Envoyé
Extraordinaire de la Suisse.

J'ai répondu verbalement à M.
Tourte que je ne comprenais pas com-
ment la marche que le Cabinet du Roi
avait suivi dans cette circonstance
avait pu être un sujet de récrimina-
tion de la part du Conseil Fédéral.

Turin, March 21, 1860.
M. LE COMMANDEUR,

M. Tourte has furnished me
with a copy of the note, which you
will find inclosed, in which the Fed-
eral Council calls the attention of the
King's Government to the juridical
position of the neutralized provinces
of Savoy. With reference to this
they appeal to the Treaty of 1564 be-
tween Savoy and Berne, and to the
stipulations sanctioned by all Europe
in 1815.

M. Tourte left with me a copy of
that note, and addressed another to
me, in which, after referring to the
proclamations of the Governors of
Chambery and Annecy, announcing
that votes would shortly be taken on
the subject of the annexation of Sa-
voy to France, he protests, in the
name of the Federal Council, against
all voting or other proceedings, the
result of which might make a change
in the existing state of affairs in Sa-
voy. You will also find inclosed a
copy of the note from the Swiss En-
voy Extraordinary.

I answered M. Tourte verbally that
I did not understand how the course
taken by the King's Cabinet under
these circumstances could have been
a subject of recrimination on the part
of the Federal Council. It would

1 Text and translation from British Parliamentary Papers, Affairs of Italy [2702], pp. 38,

46-48, 103.

SAVOY AND NICE, 1860

En effet il aurait suffi de lire la ré-
ponse que, par l’entremise du Chargé
d'Affaires de Sa Majesté a Paris,
j'avais fait à la communication dans
laquelle M. Thouvenel avait demandé
des garanties pour la sécurité de la
France, pour se convaincre que le
Cabinet du Roi, ne pouvant se refuser
à reconnaître la valeur d'un vote qui
serait prononcé, d'une manière légale,
par les populations de la Savoie,
n'avait fait cependant cette déclaration
que sur les assurances exprimées dans
les notes du Cabinet Français de pren-
dre en sérieuse considération les in-
térets de la Suisse. J'ai ajouté à M.
Tourte que je comprenais moins en-
core de quel droit la Suisse protestait
non seulement contre toute modifica-
tion territoriale de la Savoie, mais
contre toute votation tendante á con-
stater légalement les voeux des popu-
lations. Il y a là un oubli singulier
des droits de souveraineté de Sa Maj-
esté qu'il est assez difficile de s'ex-
pliquer, méme en tenant compte des
stipulations internationales invoquées
par le Conseil Fédéral.

Je ne crois donc pas convenable de
m’arreter sur cette partie de la comu-
nication de la Confédération Helvé-
tique, et je me bornerais à quelques
remarques sur la valeur attribuée par
le Conseil Fédéral au Traité de 1564
et aux transactions de 1815.

Je vous prie, M. le Commandeur, de
donner lecture et copie de cette de-

561

have sufficed, indeed, to read the an-
swer which, through the agency of
the King’s Charge d'Affaires at
Paris, I had made to the communica-
tion in which M. Thouvenel had de-
manded guarantees for the security
of France, to be convinced that the
King's Cabinet, unable to decline ac-
knowledging the value of a vote al-
ready pronounced, in a legal manner,
by the populations of Savoy, had not,
however, made this declaration ex-
cept upon the assurances expressed in
the notes of the French Cabinet that
they would take into serious consider-
ation the interests of Switzerland.
I said in addition to M. Tourte, that
I understood still less well by what
right Switzerland protested, not only
against any redistribution of territory
in Savoy, but against any vote whose
tendency is to record legally the
wishes of the populations. In this
there is a singular forgetfulness of
His Majesty's rights of sovereignty,
which it is difficult enough to account
for, even if we keep in view the inter-
national stipulations appealed to by
the Federal Council.

I therefore deem it inexpedient to
pause at this part of the Communi-
cation from the Helvetic Confedera-
tion, and 1 would limit myself to
some observations on the value at-
tached by the Federal Council to the
Treaty of 1564 and to the transac-
tions of 1815.

I beg, M. le Commandeur, that you
will read this despatch to the Presi-

ı 562

peche à M. le President de la Con-
federation.
Agreez, &c.
(Signé) C. Cavour.

DOCUMENTS

dent of the Confederation, and give
him a copy of it.
I beg, &c.
(Signed) C. Cavour.

The Swiss Federal Council to Dr. Kern?

Berne, le 24 mars, 1860.
MONSIEUR,

M. Tillos, Chargé d'Affaires ad tn-
terim de France à Berne, a donne con-
naissance à M. le Président de la Con-
fédération d'une note datée du 17
courant que son Excellence M. le
Ministre des Affaires Etrangères a
adressés au Représentant de la France,
et qui doit étre considéree comme ser-
- vant de réponse á votre protestation
présentée le 15 mars contre la cession
sans condition de la Savoie à la
France.

Si Pon a égard a la disposition du
peuple, qui parait devoir fournir ici
la raison de décider et dont le Conseil
Fédéral ne méconnait nullement l’im-
portance, on peut réclamer pour la
population du nord de la Savoie, con-
formément à toutes les règles de
l’équité, le droit d'exprimer librement
son opinion. Ou peut-étre ne fau-
drait-il tenir aucun compte des 12,000
citoyens qui se sont déjà prononcés
pour l'annexion à la Suisse? qui ont
declaré que leurs intérêts et leurs
vœux, leurs tendances, leurs besoins,
leurs sympathies sont tout autres que
ceux des provinces méridionales ?

Berne, March 24, 1860.
MONSIEUR,

M. Tillos, Chargé d’Affaires ad
interim of France at Berne, has com-
municated to the President of the
Confederation a note, dated the 17th
instant, which his Excellency the
Minister for Foreign Affairs has ad-
dressed to the Representative of
France, and which must be considered
as serving a reply to your Protest
presented on the 15th of March
against the unconditional cession of
Savoy to France.

lt regard be had to the disposition
of the people, which it seems should,
in this matter, furnish the ground of
the decision, and the importance of
which the Federal Council by no
means ignores, there might be claimed
for the population of Northern Sa-
voy, in conformity with all the rules
of equity, the right of expressing
freely its opinion. Or might not,
perhaps, the 12,000 citizens who have
already pronounced for annexation to
Switzerland be taken into account to
a certain extent? citizens who have
declared that their interests and their
wishes, their tendencies, their wants,

1 Text and translation from British Parliamentary Papers, Affairs of Italy [2702], p. 46.

SAVOY AND NICE, 1860

Vous êtes invité à donner lecture de
cette note à M. Thouvenel et à lui en
laisser copie.

Agréez, &c.
Au nom du Conseil Fédéral Suisse,

Le Président de la Confédération
(Signé) FREY-HEROSEE
Le Chancelter de la Confédération,
SCHIESS.

M. Tourte to

Turin, 28 mars, 1860.
EXCELLENCE,

Un Traité pour la cession de la Sa-
voie à la France, Traité conclu le 24
courant, sous réserve de la ratification
du Parlement Sarde, entre les Pléni-
potentiaires de Sa Majesté le Roi Vic-
tor Emanuel IT, et ceux de Sa Majesté
l’Empereur Napoleon III, vient d’être
inséré au “ Moniteur Universel.”

Ce Traité ayant été conclu sans la
participation de la Suisse, qui cepen-
dant avait demandé d’être admise
comme partie principale à prendre
part aux négociations relatives à cette
cession, sa publication officielle doit
être considérée par le Conseil Fédéral
comme un acte préliminaire menaçant
pour les droits que la Confédération

tient des Traités antérieurs.

563

their sympathies, are all different

from those of the southern provinces ?

You are invited to read this note to
M. Thouvenel and to give him a copy
of it.

Receive, &c.

In the name of the Swiss Federal
Council,

The President of the Confederation,
(Signed) FREY-HEROSEE.

The Chancellor of the Confederation,
SCHIESS.

Count Cavour !

Turin, March 28, 1860.
EXCELLENCY,

A Treaty for the cession of Sa-
voy to France, concluded on the 24th
instant by the Plenipotentiaries of His
Majesty King Victor Emanuel II, and
those of His Majesty the Emperor
Napoleon III, subject to the approval
of the Sardinian Parliament, has just
been inserted in the “ Moniteur Uni-
versel.”

As this Treaty has been concluded
without the concurrence of Switzer-
land, who had, however, applied to be
allowed to participate in it as one of
the principal parties concerned in the
negotiations relative to the cession,
this official publication cannot be con-
sidered by the Federal Council but as
a preliminary act of menace against
the rights of which the Confederation
is possessed in virtue of former Trea-
ties.

1 Text and translation from British Parliamentary Papers, Affairs of Italy [2702[, p. 103.

564

En conséquence, toute prise de pos-
session, tant civile que militaire, du
nord de la Savoie par la France, aussi
longtemps qu'une entente á ce sujet
n'aura pas eu lieu avec la Suisse,
serait envisagée par cette derniére
comme une violation flagrante de ses
droits. >

Une prise de possession préliminaire
par des Agents étrangers serait aussi
une restriction peu loyale apportée á
la libre expression'des vœux des popu-
lations de ces provinces.

La Suisse revendique donc itéra-
tivement le droit imprescriptible
qu'elle a de ne pas voir un état de
choses sur lequel repose son indé-
pendance gravement compromis, sans
qu'elle soit consentante á ce change-
ment.

La défense de la neutralité de la
Suisse rendant indispensable, en
temps de guerre, l’occupation par les
troupes Fédérales du Faucigny, du
Chablais, et du Génévois, le Conseil
Fédéral a dú s'adresser aux Puissances
signataires de l’Acte Final du Con-
gres de Vienne, et de la Déclaration
de Paris du 20 Novembre, 1815 —
Puissances qui ont garanti cette neu-
tralité et la neutralité du territoire,
Sarde alors, situé au nord d’Ugine, à
legal de celle de la Suisse — pour
leur soumettre la position nouvelle
qu’une des Parties Contractantes veut
lui faire isolément, en transférant de
la Sardaigne à la France la souve-
raineté de ces Provinces.

Au cas de cession de la Savoie à la
France, la Suisse demande l’annexion
á son territoire des districts limi-

DOCUMENTS

Consequently any act of appropri-
ation by France in the North of Sa-
voy, Whether civil or military, as long
as no understanding shall have been
come to with Switzerland on the sub-
ject, will be regarded by her as a
flagrant violation of her rights.

A preliminary occupation by for-
eign Agents would be an unfair coer-
cion of the free expression of the
wishes of the population of these
provinces. Switzerland therefore re-
peatedly claims the indefeasible right,
which she possesses, of not allowing
a state of things on which her inde-
pendence is based, to be severely com-
promised, without her own consent to
the change.

The defence of Switzerland’s neu-
trality in time of war, making the oc-
cupation of Faucigny, Chablais, and
Genevois, by Federal troops indis-
pensable, the Federal Council has been
obliged to address the Powers who
signed the Final Act of the Congress
of Vienna, and the Declaration of
Paris of the 20th of November, 1815,
which Powers guaranteed this neu-
trality, and also that of the territory,
at that time belonging to Sardinia,
situated north of Ugine, in order to
submit to them the new position
which one of the Contracting Powers
alone wishes to impose upon her, in
transferring the sovereignty of these
provinces from Sardinia to France.

In the event of the cession of Savoy
to France, Switzerland demands the
annexation to her territory of the

SAVOY AND NICE, 1860

trophes de la Savoie du Nord; et cela,
conformément á la lettre et a l’esprit
des Traités qui lient tant les Puis-
sances du Congrés de Vienne que la
Maison de Savoie et la Confédération
Helvétique.

Dans ces circonstances, je dois, au
nom et par ordre du Conseil Fédéral,
en me référant a la note de ce corps
en date du 11 mars courant, á ma pro-
testation du 14, et á mes notes des 21
et 27 du méme mois, protester de nou-
veau auprés du Gouvernement de Sa
Majesté Victor Emanuel II, contre
toute prise de possession, civile ou
militaire, par la France, du territoire
en litige, jusqu’à ce qu’une entente à
ce sujet soit intervenue entre les Puis-
sances garantes de la neutralité Suisse,
et la Suisse elle-même; cette dernière
demandant .positivement la réunion
d'une Conférence appelée à s'occuper
exclusivement de ce sujet.

Dans l'espoir que le bon droit que
J'invoque sera respecté par le Gouv-
ernement de Sa Majesté le Roi de
Sardaigne, et qu'il n’oubliera jamais
les égards dús à un viel et bon voisin,
je vous prie, &c.,

(Signé) A. TOURTE.

565

frontier districts of Northern Savoy.
This demand is in conformity with
the letter and spirit of the Treaties,
which are equally binding on the Pow-
ers who signed the Congress of Vi-
enna, and on the House of Savoy and
the Helvetic Confederation.

Under these circumstances I am
obliged, in the name and by order of
the Federal Council, with reference
tu their note dated the 11th of March,
to my Protest of the 14th, and to my
notes of the 21st and 27th of the
same month, again to protest to the
Government of His Majesty King
Victor Emanuel II, against any occu-
pation, civil or military, on the part
of France, of the disputed territory,
until an understanding shall have been
come to on the subject between the
Powers who guaranteed the neutrality
of Switzerland, and Switzerland her-
self; this latter positively demanding
the assembly of a Conference, con-
voked exclusively for the considera-
tion of this subject.

In the hope that the just right to
which I appeal will be respected by
the Government of His Majesty the
King of Sardinia, and that that Gov-
ernment may never forget the con-
sideration due to an old and friendly
neighbour, I beg, &c.

(Signed) A. TOURTE.

566

DOCUMENTS

Treaty Between France and Sardinia for the Union of Savoy and Nice with

France.

Au nom de la Tres-Sainte et Indi-
visible Trinité.

Sa Majesté l'Empereur des Fran-
cais ayant exposé les considérations
qui, par suite des changements sur-
venus dans les rapports territoriaux
entre la France et la Sardaigne, lui
faisaient désirer la réunion de la Sa-
voie et de l’arrondissement de Nice
(‘“ circondario di Nizza”) à la
France, et Sa Majesté le Roi de Sar-
daigne s'étant montré disposé à y
acquiescer, leurs dites Majestes ont
décidé de conclure un Traité à cet
effet, et ont nommé pour leurs Pléni-
potentiaires, savoir : —

Sa Majesté l'Empereur des Fran-
çais, M. le Baron de Talleyrand-
Périgord, &c., &c., et M. Vincent
Benedetti, &c., &c.;

Et Sa Majeste le Roi de Sardaigne,
son Excellence le Comte Camille
Benso de Cavour, &c., &c., et son Ex-
cellence M. le Chevalier Charles Louis
Farini, &c., &c.;

Lesquels, après avoir échangé leurs
pleins pouvoirs trouvés en bonne et
due forme, sont convenus des Articles
suivants: —

ARTICLE I

Sa Majesté le Roi de Sardaigne
consent à la réunion de la Savoie et
de l'arrondissement de Nice (“ circon-
dario di Nizza”) à la France, et re-
nonce, pour lui et tous ses descendants

Signed at Turin, March 24, 1860!

In the name of the Most Holy and
Indivisible Trinity.

His Majesty the Emperor of the
French having explained the consider-
ations which, in consequence of the
changes which have arisen in the ter-
ritorial relations between France and
Sardinia, caused him to desire the an-
nexation of Savoy and of the arron-
dissement of Nice (‘ circondario di
Nizza ”) to France, and His Majesty
the King of Sardinia having shown
himself disposed to acquiesce in it,
their said Majesties have decided to
conclude a Treaty to this effect, and
have named as their Plenipotentiaries :

His Majesty the Emperor of the
French, Baron de Talleyrand Peri-
gord, &c., and M. Vincent Benedetti,
&c.: |

And His Majesty the King of Sar-
dinia, his Excellency Count Camille
Benso de Cavour, &c., and his Ex-
cellency the Chevalier Charles Louis
Farini, &c.;

Who, after having exchanged their
full powers, found to be in good and
due form, agreed on the following
Articles :—

ARTICLE 1

His Majesty the King of Sardinia
consents to the annexation of Savoy,
and of the arrondissement of Nice
(“ circondario di Nizza ”) to France,
and renounces, for himself and all his

1 Text and translation from British Parliamentary Papers, Affairs of Italy [2656], p. 25.

SAVOY AND NICE, 1860

et successeurs, en faveur de Sa Maj-
esté l'Empereur des Francais, à ses
droits et titres sur les dits territoires.
Il est entendu entre leurs Majestés que
cette réunion sera effectuée sans nulle
‘contrainte de la volonté des popula-
tions, et que les Gouvernements de
l'Empereur des Francais et du Roi de
Sardaigne se concerteront le plus tot
possible sur les meilleurs moyens d'ap-
précier et de constater les manifesta-
tions de cette volonté.

ARTICLE II

Il est également entendu que Sa
Majesté le Roi de Sardaigne ne peut
transférer les parties neutralisées de
la Savoie qu’aux conditions auxquelles
il les possede lui-méme, et qu'il appar-
tiendra à Sa Majesté l’Empereur des
Francais de s'entendre à ce sujet, tant
avec les Puissances représentées au
Congrès de Vienne qu'avec la Con-
fédération Helvétique, et de leur
donner les garanties qui résultent des
stipulations rappelées dans le présent
Article.

ARTICLE III

Une Commission Mixte détermi-
nera, dans un esprit d'équité, les fron-
tières des deux Etats, en tenant
compte de la configuration des mon-
tagnes et de la nécessité de la défense.

ARTICLE IV

Une ou plusieurs Commissions
Mixtes seront chargés d’examiner et
de résoudre, dans un bref délai, les
diverses questions incidentes aux-

567

descendants and successors, in favour
of His Majesty the Emperor of the
French, his rights and titles over the
said territories. It is understood be-
tween their Majesties that this annex-
ation shall be effected without any
constraint of the wishes of the popu-
lations, and that the Governments of
the Emperor of the French and the
King of Sardinia will concert together
as soon as possible upon the best
means of appreciating and verifying
the manifestations of those wishes.

ARTICLE 2

It is equally understood that His
Majesty the King of Sardinia cannot
transfer the neutralized parts of Sa-
voy, except on the conditions upon
which he himself possesses them, and
that it will appertain to His Majesty
the Emperor of the French to come to
an understanding on this subject, both
with the Powers represented at the
Congress of Vienna, and with the
Swiss Confederation, and to give
them the guarantees required by the
stipulations referred to in this Article.

ARTICLE 3

A Mixed Commission shall deter-
mine, in a spirit of equity, the fron-
tiers of the two States, taking into ac-
count the configuration of the moun-
tains and the requirements of defence.

ARTICLE 4

One or more Mixed Commissions
shall be charged to examine and re-
solve, as soon as possible, the various
incidental questions to which the an-

568

quelles donnera lieu la réunion, telles
que la fixation de la part contributive
de la Savoie et de l’arrondissement de
Nice (“ circondario di Nizza”) dans
la dette publique de la Sardaigne, et
l’exécution des obligations résultant
des contrats passés avec le Gouverne-
ment Sarde, lequel se réserve toute-
fois de terminer lui-méme les travaux
entrepris pour le percement du tunnel
des Alpes (Mont-Cenis).

ARTICLE V

Le Gouvernement Francais tiendra
compte aux fonctionnaires de l’ordre
civil et aux militaires appartenant par
leur naissance à la Province de Savoie
et à l’arrondissement de Nice (“ cir-
condario di Nizza”) et qui devien-
dront sujets Français, des droits qui
leur sont acquis par les services ren-
dus au Gouvernement Sarde; ils joui-
ront notamment du bénéfice résultant
de l’inamovibilité pour la magistrature
et des garanties assurées à l’armée.

ARTICLE VI

Les sujets Sardes originaires de la
Savoie et de l’arrondissement de Nice,
ou domiciliés actuellement dans ces
provinces, qui entendront conserver
la nationalité Sarde, jouiront, pendant
l'espace d'un an à partir de l'échange
des ratifications, et moyennant une
déclaration préalable faite à l’autorité
compétente, de la faculté de trans-
porter leur domicile en Italie et de s’y
fixer, auquel cas la qualité de citoyen
Sarde leur sera maintenue.

DOCUMENTS

nexation will give rise, such as the set-
tlement of the share to be contributed
by Savoy and the Arrondissement of
Nice (‘circondario di Nizza ”) to-
wards the public debt of Sardinia, and
the execution of the obligations re-
sulting from contracts entered into
with the Sardinian Government,
which Government, however, reserves
the right of itself terminating the la-
bours undertaken for boring the tun-
nel of the Alps (Mont Cenis).

ARTICLE 5

The French Government will se-
cure to the civil and military func-
tionaries belonging by birth to the
Province of Savoy and to the Arran-
dissement of Nice (‘circondario di
Nizza”), and who shall become
French subjects, the rights due to them
on account of the services rendered
by them to the Sardinian Govern-
ment: they shall especially enjoy the
advantages resulting from the perma-
nency of the magisterial appointments,
and from the guarantees ensured to
the army.

ARTICLE 6

Sardinian subjects natives of Sa-
voy and the Arrondissement of Nice,
at present domiciled in those prov-
inces, who shall desire to preserve
their Sardinian nationality, shall en-
joy, during the space of one year
from the date of the exchange of
ratifications, and provided that they
make a previous declaration to the
competent authority, the right of
transporting their domicile into Italy,
and of fixing it there, in which case

SAVOY AND NICE, 1860

Ils seront libres de conserver leurs
immeubles situés sur les territoires
réunis á la France.

ArticLE VII

Pour la Sardaigne, le présent Traité

sera exécutoire aussitôt que la sanc- -

tion législative nécessaire aura été
donnée par le Parlement.

ARTICLE VIII

Le présent Traité sera ratifié, et les
ratifications en seront échangées à
Turin dans le délai de dix jours, ou
plus tôt si faire se peut.

En foi de quoi, les Plénipotentiaires
respectifs l'ont signé et y ont apposé
le cachet de leurs armes.

Fait en double expédition a Turin,
le vingt-quatrième jour du mois de
Mars de l'an de gráce mil huit cent
soixante.

(Signé) TALLEYRAND.
BENEDETTI.
CAVOUR.
FARINI.

569

the character of Sardinian citizens
shall be continued to them.

They shall be free to retain their
immovable property situated in the
territory annexed to France.

ARTICLE 7

As concerns Sardinia, the present
Treaty shall be in force as soon as the
necessary legislative sanction shall
have been given by Parliament.

ARTICLE 8

The present Treaty shall be rati-
fied, and the ratifications of it shall
be exchanged at Turin within ten
days, or sooner if possible.

In faith of which the respective
Plenipotentiaries have signed it, and
affixed to it their armorial seals.

Done in duplicate at Turin, the
twenty-fourth day of the month of
March of the year of grace one thou-
sand eight hundred and sixty.

(Signed) TALLEYRAND.
BENEDETTI.
CAVOUR.
FARINI.

Proclamation of Victor Emanuel to the Inhabitants of Savoy and Nice.
April 1, 1860!

AUX HABITANTS DE LA SAVOIE ET DE
NICE.

Un traité conclu le 24 mars établit

que la réunion de la Savoie et de Nice

à la France aura lieu avec l’adhésion

1 Martens, N. R. G., vol. 16, pt. II, p. 541.

To THE INHABITANTS OF SAVOY AND
oF NICE.

A treaty concluded on the 24th

of March determines that the union

of Savoy and Nice to France shall

Translation from Parliamentary Papers.

570

des populations et la sanction du Par-
lement.

Quelque pénible qu'il me soit de me
séparer des provinces qui ont fait si
longtemps partie des Etats de mes
ancétres, et auxquelles tant de sou-
venirs me rattachent, j'ai dú con-
sidérer que les changements territo-
riaux amenés par la guerre en Italie
justifiaient la demande que mon au-
guste allié l'Empereur Napoléon m'a
adressée pour obtenir cette réunion.
J'ai dú en outre tenir compte des
services immenses que la France a
rendus à l'Italie, des sacrifices qu'elle
a faits dans l'intéret de son indépen-
dance, des liens que les batailles et les
traités ont formés entre les deux pays.
Je ne pouvais méconnaitre d’ailleurs
que le développement du commerce,
la rapidité et la facilité des communi-
cations augmentent chaque jour
davantage l'importance et le nombre
des rapports de la Savoie et de Nice
avec la France. Je n’ai pu oublier
enfin que de grandes affinités de race,
de langage et de mœurs rendent ces
rapports de plus en plus intimes et
naturels.

Toutefois ce grand changement
dans le sort de ces provinces ne sau-
rait vous être imposé. Il doit étre le
résultat de votre libre consentement.
Telle est ma ferme volonté: telle est
aussi l'intention de l'Empereur des
Français. Pour que rien ne puisse
gener la libre manifestation de vos
vœux, je rappelle ceux parmi les prin-

DOCUMENTS

take place with the concurrence of the
populations and the sanction of the
Parliament.

However painful it may be for me
to separate myself from provinces
which have for so long a period
formed part of the dominions of my
ancestors, and to which I am bound
by so many recollections, 1 have had
to take into consideration that the
territorial changes which the war in
Italy led to, justified the demand which
my august ally the Emperor Napoleon
addressed to me with a view to ef-
fecting this union. I had, moreover,
to take into account the vast services
rendered by France to Italy, the sacri-
fices made in the interest of her in-
dependence, the ties which battles and
Treaties have formed between the two
countries. I could not, besides, ig-
nore the fact that the development
of commerce, the rapidity and the
ease of communication, increase more
and more every day the importance
and the number of the relations of
Savoy and of Nice with France.
Lastly, I could not forget that great
affinity in race, in language, and in
manners, render these relations con-
tinually closer and more natural.

Nevertheless, this great change in
the destiny of the provinces cannot
be imposed upon you. It must be the
result of your free consent. Such is
my determined wish; such is also the
intention of the Emperor of the
French. In order that nothing may
hinder the free manifestation of your
wishes, I recall those among the prin-

SAVOY AND NICE, 1860

cipaux fonctionnaires de l’ordre ad-
ministratif qui n'appartiennent pas à
votre pays, et je les remplace momen-
tanément par plusieurs de vos concito-
yens entourés de l’estime et de la con-
sidération générale.

Dans ces circonstances solennelles
vous vous montrerez dignes de la répu-
tation que vous avez acquise. Si vous
devez suivre d'autres destinées, faites
en sorte que les Français vous accueil-
lent comme des frères qu’on a depuis
longtemps appris à apprécier et à es-
timer. Faites que votre réunion à la
France soit un lien de plus entre deux
nations dont la mission est de travail-
ler de concert au développement de la
civilisation.

Turin, 1 avril 1860.

Speech of Victor Emanuel on Opening the Sardinian Parliament.

571

cipal functionaries in the ranks of the
Administration who do not belong to
your country, and I replace them tem-
porarily by several of your fellow-cit-
izens who have earned the esteem and
regard of the public.

In circumstances of such solemnity
you will show yourselves worthy of
the reputation which you have ac-
quired. If you should have to seek
a new destiny, act in such wise that
the French shall receive you as breth-
ren whom they have long since learnt
to appreciate and to esteem. Act so
that your union to France may be-
come an additional link between two
nations whose mission is to labour in
concert for the development of civili-
zation.

Turin, April 1, 1860.

April 2,

1860 !

SIGNORI SENATORI, SIGNORI DEPU-
TATI,

L'ultima volta che io apriva il Par-
lamento in mezzo ai dolori dell’Italia
ed ai pericoli dello Stato, la fede
nella Divina giustizia confortavami a
bene augurare delle nostre sorti (Ap-
plausi).

In tempo brevissimo una invasione
respinta, libera la Lombardia per glo-
riose gesta d'eserciti, libera l’Italia
Centrale per meravigliosa virtù di

SENATORS AND DEPUTIES,

The last time that I opened Par-
liament amid the afflictions of Italy
and the dangers of our country, faith
in Divine justice made me hopeful for
our future, and consoled me.

In the shortest space of time an in-
vasion repulsed, Lombardy freed by
glorious deeds of arms, Central Italy
freed by marvellous virtues on the

1 Text and translation from British Parliamentary Papers, Affairs of Italy, Savoy and

Switzerland [2702], p. 116.

572

popoli (Viva approvazione,) ed oggi
qui accolti intorno a me i rappresen-
tanti del dritto e delle speranze della
nazione (Applausi clamorosi. “ Ev-
viva il Re!”)

Di tanto bene andiamo debitori ad
un Alleato magnanimo, alla prodezza
dei suoi e dei nostri soldati ( Applausi
prolungati), alla abnegazione dei vo-
lontari, alla perseverante concordia
dei popoli, e ne rendiamo merito a
Dio; chè senza aiuto sovrumano non
si compiono imprese memorabili alle
presenti ed alle future generazioni
(Nuovi applausi).

Per riconoscenza alla Francia, pel
bene d’Italia, per assodare la unione
delle due nazioni che hanno comu-
nanza di origini, di principii e di des-
tini, abbisognando alcun sacrificio, ho
fatto quello che costava di più al
mio cuore (Sua Maestà 1l Re pro-
nuncia queste parole con commozione
visible. Nuove grida di “Viva tl
Re!”). Salvi il voto dei popoli e
l'approvazione del Parlamento, salvi
in risguardo della Svizzera le guaren-
tigie del diritto internazionale, ho
stipulato un Trattato sulla riunione
della Savoia el del circondario di
Nizza alla Francia.

DOCUMENTS

part of the people, and to-day as-
sembled around me the representa-
tives of right, and of the hopes of
the nation.

All this we owe, partly to a mag-
nanimous ally, to the bravery of his
and our soldiers, to the abnegation of
the volunteers, to the persevering con-
cord of the people, and we render
God thanks for it; for without his
help such events, memorable for the
present and the future could not have
cume to pass.

In gratitude to France, for the wel-
fare of Italy, to consolidate the union
of those nations which have a com-
mon origin, common principles and
destinies, some sacrifice being neces-
sary, I have made that one most pain-
ful to my heart. Conditionally on
the wish of the natives and the con-
sent of Parliament, and that the In-
ternational rights of Switzerland be
guaranteed, I have stipulated a Treaty
that Savoy and the territory of Nice
be reunited to France.

Proclamation of the Provisional Governor of Savoy. April 4, 1860 *

CONCITTADINI,

Nel farci lealmente conoscere le po-
tenti considerazioni che lo hanno in-
dotto a separarsi da noi, Sua Maesta il

CITIZENS,

In announcing to us frankly the
weighty considerations which have
induced him to separate himselí from

1 Text and translation from British Parliamentary Papers, Affairs of Italy [2702], p. 162.

SAVOY AND NICE, 1860

Re Vittorio Emanuele II ci ha detto
come questo sacrificio sia stato Colo-
roso al suo cuore.

Egli conserva per la Savoia, per
questa terra di cui la sua famiglia ha
illustrato il nome, quei sentimenti di
stima e di affezione che essa ha saputo
meritarsi per otto secoli di fedelità e
di devozione.

Un pensiero, nondimanco, tempra
l'amarezza del suo rammarico ed è
che la riunione della nostra patria
alla Francia assicura per sempre la
sua felicità e la sua prosperità, afh-
dandone egli la cura al suo ma-
gnanimo alleato, Sua Maestà l’Impe-
ratore Napoleone III.

Il paese intanto dee far udir la sua
voce. I due Sovrani lo esigono
ugualmente, e la lor ferma volontà è
che sia assicurata la libertà più intera
alla manifestazione de'suoi voti.

Accettando in queste circostanze
l'ufficio delicato che mi è stato affidato,
e che, quantunque temporaneo, è
d’assai superiore alle mie forze, io non
ho consultato che il mio attaccamento
alla nostra cara patria.

Io fo assegnamento, per compierlo,
sul concorso leale di tutte le autorità e
sul buon senso della popolazione di
questa provincia.

Concittadini,

Raccogliamoci aspettando il mo-
mento solenne in cui dovremo espri-
mere i nostri voti, secondo il modo
che sarà ulteriormente adottato; e
quando questo giorno sarà venuto, ri-
uniti tutti in uno stesso sentimento di
amore per la patria, ci avvieremo con
altrettanta calma e risoluzione verso i

573

us, King Victor Emanuel has told us
how much this costs him.

He cherishes for Savoy, a name
which his family have so much illus-
trated, those sentiments of esteem and
affection which Savoy has earned by
eight centuries of fidelity and devo-
tion.

One feeling moderates his regret,
which is that the union of our coun-
try to France secures for ever her
prosperity, the care of it being in-
trusted to our magnanimous ally Na-
poleon III.

Still the country must let its voice
be heard. Both Sovereigns demand
it, and their wish is that the most en-
tire liberty prevail in the voting.

Under these circumstances, in ac-
cepting the office confided to me, and
which, though temporary, is much
above my abilities, I have only con-
sulted my love for my country.

I count on the loyal support of the
authorities, and on the good sense of
the populace.

Citizens,

Let us await with calm the sol-
emn moment in which we shall have
to express our wishes in the man-
ner which shall hereafter be pre-
scribed ; and when that day shall come,
united in one common sentiment of
love for our country, we will turn
with calm and resolution to the new

574

nuovi e grandi destini che la atten-
dono.
Ciamberi, 4 Aprile, 1860.
Il Governatore Provvisorio,
(Firmato) Du PASQUIER.

DOCUMENTS

destinies that so gloriously await her.

Chambery, 4 April, 1860.
The Provisional Governor,
(Signed) Du PASQUIER.

Proclamation of the Governor Regent of the City and County of Nice.
April 5, 1860 !

On nous transmet la Proclamation
suivante, adressée le 5 avril aux habi-
tants de la Ville et du Comte de Nice
par le Gouverneur-Régent, M. Lu-
bonis : —

‘ CONCITOYENS,

“ Les incertitudes sur nos destinées
viennent de cesser. Par le Traité
signé le 24 mars dernier, le vaillant
Roi Victor Emanuel a cédé à la France
la Savoie et l’Arondissement de Nice.
Les plus puissants motifs de conve-
nance politique, les exigences de l’ave-
nir de l'Italie, le sentiment de recon-
naissance envers son puissant allié,
les circonstances enfin toutes particu-
lières de notre pays ont décidé, quoique
à regret, ce bien-aimé Souverain à se
séparer de provinces étroitement liées
depuis de siècles à sa Dynastie. Mais
le sort des peuples ne doit pas res-
sortir exclusivement de la volonté des
Princes. Aussi le magnanime Em-
pereur Napoléon III et le loyal Victor
Emanuel ont-ils désiré que le Traité
de Cession fut fortifié par l’adhésion
populaire.

The following Proclamation has
been transmitted to us, addressed, on
April 5, to the inhabitants of the town
and county of Nice by the Governor-
Regent, M. Lubonis : —

** FELLOW-CITIZENS,

“ The uncertainty as to our des-
tinies has ceased. By the Treaty
signed on the 24th of March last, the
valiant King Victor Emanuel has
ceded to France Savoy and the Ar-
rondissement of Nice. The most
powerful motives of political con-
venience, the exigencies of the future
of Italy, the sentiment of gratitude
towards his powerful ally — in fine,
the altogether peculiar circumstances
of our country, decided our well-be-
loved Sovereign, although with re-
gret, to separate himself from prov-
inces for centuries closely connected
with his Dynasty. But the fate of
peoples ought not to depend exclu-
sively on the will of Princes. The
magnanimous Emperor Napoleon III
and the loyal Victor Emanuel also de-
sired that the Treaty of Cession

1 Extract from the Moniteur of April 8, 1860. Text and translation from British Par-
liamentary Papers, Affairs of Italy [2656], p. 157.

SAVOY AND NICE, 1860

“A cet objet, vous serez sous peu
convoqués aux Comités Electoraux, et
Sa Majesté le Roi m'a confié inopiné-
ment le Gouvernement Provisoire de
cet arrondissement en ma qualité de
votre concitoyen.

“* Concitoyens, à la voix auguste du
Roi, tout incertitude sur notre avenir
a disparu. De la même manière, à
ses augustes paroles doivent dispa-
raitre désormais les dissensions et les
rivalités. Tous les citoyens doivent
être animés par le même esprit de con-
ciliation. Toutes les oppositions doi-
vent se briser impuissantes contre les
intérêts de la patrie et le sentiment du
devoir. Au surplus, elles trouve-
- raient un obstacle insurmontable dans
les désirs mêmes de Victor Emanuel.

“Les demonstrations publiques
dans ce moment n’ont plus leur raison
d’être. Leur but serait de compro-
mettre l’ordre public, qui sera désor-
mais protégé énergiquement.

“La confiance, la tranquillité, et le
recueillement doivent présider à l’acte
solennel auquel vous serez appelés.

“ Concitoyens, la mission que le Roi
vient de me confier est transitoire,
mais importante. Pour remplir ma
tâche dans ces moments extraordi-
naires, je compte sur votre concours,
sur votre respect pour les lois, et sur
le haut degré de civilisation auquel
vous avez su vous élever.

“ Hatons-nous donc d'affermir par
nos suffrages la réunion de notre
Comte à la France. En nous rendant

575

should be fortified by popular adhe-
sion. With this object, you will soon
be summoned to the Electoral Com-
mittees; and His Majesty the King
has confided to me, unexpectedly, the
Provisional Government of this Ar-
rondissement in my quality of your
fellow-citizen.

“ Fellow-citizens, at the august
voice of the King all uncertainty as to
our future has disappeared. In the
same manner, at his august words
dissensions and rivalries must hence-
forth disappear. All the citizens
should be animated by the same spirit
of conciliation. All oppositions must
fall powerless before the interests of
country and the sentiment of duty.
Besides, it would find an insurmount-
able obstacle in the desires of Victor
Emanuel.

“ Public demonstrations at this mo-
ment have no longer an object. The
result of them would be to compro-
mise public order, which will hence-
forth be energetically protected.

“ Confidence, tranquility, and calm-
ness should preside over the solemn
act to which you will be invited.

“ Fellow-citizens, the mission which
the King has confided to me is transi-
tory, but important. For the fulfil-
ment of my task in these extraordi-
nary moments I count on your con-
currence, on your respect for the laws,
and on the high degree of civilization
to which you have elevated your-
selves.

“Let us, then, hasten to affirm by
our votes the annexation of our coun-
try to France. In rendering our-

576

l'écho des intentions du Roi, serons-
nous autour du drapeau de cette noble
et grande nation qui a toujours excité
nos plus vives sympathies. Rallions-
nous autour du Tróne du glorieux
Empereur Napoléon III. Entourons-
nous de cette fidelité toute particulière
à notre pays que nous avons conservée
jusqu'à ce jour a Victor Emanuel.
Pour ce Prince auguste qu'on garde
parmi nous le sulte des souvenirs, et
que des vœux bien ardents s'élevent
pour ses nouvelles et brillantes des-
tinées. Pour le grand Napoléon III,
dont la puissante volonté est d'ouvrir
une ére nouvelle de prospérité pour
notre pays, commenceront notre fide-
lité à toute épreuve et notre dévoue-
ment sans bornes.

“ Vive la France!

“ Vive l’Empereur Napoleon III!

“ Le Gouverneur-Régent,
(Signé) LuBonis
“ Nice, le 5 Avril, 1860.”

DOCUMENTS

selves the echo of the King's inten-
tions, let us rally round the flag of
that noble and great nation which has
ever excited our most lively sympa-
thies. Let us rally round the Throne
of the glorious Emperor Napoleon
III; let us surround it with that fidel-
ity altogether peculiar to our coun-
try, which we have hitherto preserved
for Victor Emanuel. As regards that
august Prince, let the cultivation of
memories be kept up among us, and
let most ardent wishes be raised for
his new and brilliant destinies. As
regards the great Napoleon III, whose
powerful will is to open a new era of
prosperity for our country, let us
commence our unswerving fidelity and
our boundless devotion.

“ Vive la France!

“Vive l’Empereur Napoleon III!

“ The Governor-Regent,
(Signed) LuBONIS.
“ Nice, April 5, 1860.”

Address to the Sardinian Parliament by the Deputies elected from Savoy to

that Body.

Les Députés au Parlement Sarde,
dont suivent ci-dessous les noms, ont
décidé avant hier qu'ils adresseront à
M. le Président de la Chambre à
Turin la lettre suivante, que nous
croyons devoir reproduire : —

“ M. LE PRÉSIDENT,
“ Les Députés au Parlement sous-
signés, représentant les Collèges de

April 5, 1860 *

The Deputies of the Sardinian Par-
liament, whose names will be found
below, decided on the day before yes-
terday to address the following letter
to the President of the Chamber at
Turin, which we think it our duty to
publish: —

“ MR. PRESIDENT, |
“ The following Deputies in Parlia-
ment, representing the Colleges of |

1 Extract from the Gazette de Savoie of April 7. Text and translation from British Parlia-
mentary Papers, Affairs of Italy [2702], p. 166.

SAVOY AND NICE, 1860

Chambéry, Aix-les-Bains, Pont-Beau-
voisin, Yenne, Alvertville, Ugine,
Saint-Jean de Maurienne, Aiguebelle,
Moútiers, Annecy, Rumilly, Saint-
Julien, Bonneville, Saint Jeoire, Tho-
non et Evian, croient devoir s'abstenir,
pour le moment, de se rendre a la
Chambre des Députés.

“ Leur patrie est appelée à sanc-
tionner par le vote universel le Traité
de cession à la France avant qu'il soit
soumis au Parlement. Le résultat de
ce vote ne peut être douteux, car les
Alpes, la langue, les mœurs, les rela-
tions commerciales rendent la Savoie
Française. Elle votera donc la réali-
sation politique de ce que la nature a
déjà fait, et avec d'autant moins
d'hésitation qu'elle a déjà la certitude
qu’elle ne sera pas démembrée, et

qu’elle trouvera, dans une zone doua-

nière, pour les provinces qui en ont
besoin, la sauvegarde de leurs intérets
commerciaux. Dans de pareilles cir-
constances, les Députés Savoisiens
soussignes croient devoir, jusqu’apres
l'émission du vote universel, s'abstenir
de prendre part aux délibérations du
Parlement.

“ Chambéry, le 5 Avril, 1860.
(Signé)

“ERNEST DE BoiGNE, Député de

Chambery.

“ DE MARINEL, d'Aix.

“ CHAPPERON, du Pont Beauvoisin.

“ GIROD DE MONTFALCON, d’Yenne.

“ CHALLEND, d’Albertville.

“ MAURICE BLANC, d'Ugine.

“* GREYFIE, de Moútiers et de St.
Jean de Maurienne.

577

Chambery, Aix-les-Bains, Pont Beau-
voisin, Yenne, Albertville, Ugine, St.
Jean de Maurienne, Aiguebelle, Mou-
tiers, Annecy, Rumilly, St. Julien,
Bonneville, St. Jeoire, Thonon, and
Evian, think it their duty to absent
themselves at present from the Cham-
ber of Deputies.

“ Their country is called upon to
sanction by a general vote the Treaty
of Cession to France, before it is sub-
mitted to Parliament.

“ The result of this vote cannot be
doubted, for the Alps, the language,
habits, and commercial relations make
Savoy French. It will vote, there-
fore, for the political realization of
what Nature has already done, and
with so much the less hesitation as it
is already certain that it will not be
divided, and that it will find in a com-
mercial zone a safeguard for the com-
mercial interests of the provinces who
have need of it. Under such circum-
stances, the Savoyard Deputies think
it their duty to abstain from taking
part in the deliberations of the Par-
liament, until the universal vote has
been taken. Ò (

“Chambery, April 5, 1860.
(Signed)

“ ERNEST DE BOIGNE, Deputy of

Chambery.

“ DE MARINEL, of Aix.

“ CHAPPERON, of Pont Beauvoisin.

‘“ GIROD DE MONTFALCON, of

Yenne.

“* CHALLEND, of Albertville.

“Maurice BLANC, of Ugine.

“ GREYFIE, of Moutiers and St.

Jean de Maurienne.

578

“J. REPLAT, d'Annecy.

“ GINET, de Rumilly.

“ HIPPOLYTE Pissarp, de St. Ju-
lien.

“ PELLOUX, de Bonneville.

_ “ ALEXIS DE LA FLECHERE, de St.

Jeoire.

“ JuLes BEAURIN, de Thonon.

“ FAVRAT DE BELLEVAUX, d Evian.

“ FRANCOIS GRANGE, d'Aiguebelle.”

M. Chenal, Député de Sallanches, et
M. Louaraz, absent, n'ont point signé.

DOCUMENTS

“J. REPLAT, of Annecy.

“ GINET, of Rumilly.

“ HIPPOLYTE Pissarp, of St. Ju-
lien.

“ PELLOUX, of Bonneville.

“ ALEXIS DE LA FLECHERE, of St.
Jeoire.

“ Jules BEAURIN, of Thonon.

““ FAVRAT DE BELLEVAUX, of Evian.

“ FRANCOIS GRANGE, of Aigue-
belle.”

M. Chenal, Deputy of Sallanches,

and M. Louaraz, being absent, did not

sign.

Cavour Assures the Swiss Government that France will not take Possession

until after the Plebiscite.

April 6, 1860 1

Count Cavour to M. Tourte

Turin, le 6 Avril, 1860.
M. L'ENVOYÉ,

J'ai l'honneur de vous accuser ré-
ception des deux notes que vous avez
bien voulu m'adresser le 1 et le 5 de
ce mois.

D'apres le désir que vous m'en avez
témoigné, je m'empresse de vous dé-
clarer que conformément aux dispo-
sitions du Traité du 24 Mars, la
France ne prendra pas possession des
provinces de la Savoie avant que les
populations se soiént prononcées et
que le Parlement ait ratifié le Traité.

Les autorités Sardes continueront
en conséquence à administrer le pays.
Veuillez, &c.

(Signé) C. Cavour.

Turin, April 6, 1860.
M. L'ENVOYÉ,

I have the honor to acknowledge
the receipt of the two notes which you
were good enough to address to me
on the 1st and Sth of this month.

In conformity with the wish you
expressed, 1 hasten to inform you
that, in conformity with the provi-
sions of the Treaty of the 24th of
March, France will not take posses-
sion of the Provinces of Savoy be-
fore the population have given their
votes, and the Parliament has ratified
the Treaty.

Consequently the Sardinian author-
ities will continue to govern the coun-
try. Accept, &c.

(Signed) C. CAVOUR.

1Text and translation from British Parliamentary Papers, Affairs of Italy, Savoy and

Switzerland [2702], p. 156.

SAVOY AND NICE, 1860

579

Proclamation of the Provisional Governor of the District of Nice, fixing the
Details of the Election. April 7, 1860!

GOUVERNEMENT DE L’AR-
RONDISSEMENT DE NICE

LE GOUVERNEUR PROVISOIRE DE LA
VILLE ET DU COMTÉ DE NICE,

Vu le traité conclu le 24 mars der-
nier, par lequel S. M. le Roi a cédé à
la France la Savoie et l’arrondisse-
ment de Nice;

Vu la proclamation du Roi aux
habitants des pays cédés, en date du
premier du courant;

Considérant que la réunion de la
Savoie et de l’arrondissement de Nice
à la France doit avoir lieu avec l’ad-
hésion des populations,

ARRÉTE:

Art. 1. Les populations de la ville
et de Parrondissement de Nice sont
appelées á voter sur leur réunion á la
France. |

ART. 2. Le vote aura lieu par
OUI ou par NON, au scrutin secret,
au moyen de bulletins écrits ou im-
primés.

Les bulletins portant tout autre
formule seront comme non-avenus et
considérés nuls.

ART. 3. Le scrutin sera ouvert
dans chaque commune dimanche 15 et
lundi 16 avril 1860, de neuf heures
du matin jusqu'à quatre heures du
soir.

ART. 4. Seront admis à voter tous

GOVERNMENT OF THE DIS-
TRICT OF NICE

THE PROVISIONAL GOVERNOR OF THE
CITY AND COUNTY OF NICE,

In view of the treaty concluded on
March 24, last, by which H. M. the
King has ceded Savoy and the district
of Nice to France;

In view of the proclamation of the
King to the inhabitants of the ceded
countries, dated the first of the cur-
rent month: |

Considering that the union of Sa-
voy and the district of Nice to France
should take place with the adhesion

of the population,

DECREES:

ARTICLE 1. The population of the
City and district of Nice are called to
vote on their union with France.

ArT. 2. The vote shall be by YES
or NO, by secret ballot, written or
printed.

Ballots containing any other form-
ula shall be considered null and void.

ART. 3. The polls shall be open in
each commune on Sunday the 15th
and Monday the 16th of April, 1860,
from nine A. M. to four P. M.

ART. 4. All those citizens of the

1 Atti del Parlamento. Sessione del 1860, Discussioni della Camera dei Deputati, April

12, 1860, p. 86.

580

les citoyens âgés de 21 ans au moins,
appartenant par leur naissance ou leur
origine au comté de Nice, habitant la
commune depuis six mois, et n'ayant
pas subi de condamnations pénales
prévues par l’article 25 de la loi com-
munale.

L'obligation d'une résidence de six
mois n'est pas exigée des Nigois no-
toirement connus qui rentreront pour
se faire inscrire et prendre part au
vote.

ArT. 5. Tous les contingents ni-
çois devant être renvoyés dans leurs
foyers, les soldats licenciés ou en
congé qui rentreront en temps utile
dans l'arrondissement de Nice y se-
ront admis à voter sur la présentation
de leur congé ou de leur feuille de
route.

ART. 6. Il sera formé dans chaque
commune un comité présidé par le
syndic, et composé d’au moins quatre
conseillers municipaux désignés par
le gouverneur ou par son délégué.

ART. 7. Les comités dresseront et
publieront d'urgence dans la commune
la liste des citoyens appelés à voter;
ils statueront sommairement sur toutes
les réclamations.

ART. 8, Dans les communes où
les citoyens inscrits dépasseront le
nombre de mille on établira plusieurs
sections dont chacune ne pourra comp-
ter moins de cinq cents citoyens in-
scrits.

ART. 9. A quatre heures, di-
manche 15, le scrutin sera clos et
l'urne sera scellée publiquement par le

DOCUMENTS

age of 21 years, at least, shall be qual-
ified to vote who by birth or origin be-
long to the county of Nice, who have
been residents of the commune for
six months past, and have not suffered
any penal sentence, as provided in Ar-
ticle 25 of the communal law.

The obligation of a residence of six
months is not required of those who
are known to be Nicois, who shall re-
turn in order to register and take part
in the vote.

ART. 5. Whereas all the armed
forces of Nice shall be returned to
their homes, the soldiers discharged
or on furlough who shall return to
the district of Nice within the proper
time shall there be allowed to vote on
the presentation of their furlough o
travel papers. O

Art. 6. In each commune there
shall be formed a committee presided
over by the syndic and composed of at
least four municipal councillors ap-
pointed by the governor or by his
agent.

ART. /. The committees shall
draw up and publish with expedition,
in the commune, the list of citizens
summoned to vote; they shall give
final decisions on all appeals.

Art. 8. In the communes where
the registered citizens exceed the num-
ber of 1,000, several sections shall be
established, no one of which shall in-
clude less than five hundred registered
citizens. |

ART. 9. At four o'clock, on Sun-
day the 15th, the voting shall be closed
and the electoral urn shall be publicly

SAVOY AND NICE, 1860

comité, et déposée a la maison com-
mune sous sa responsabilité.

ArT. 10. A quatre heures, lundi
16, le scrutin sera définitivement clos;
les comités procéderont publiquement
au dépouillement, dresseront procès-
verbal de toutes les opérations et du
résultat du scrutin.

Le procès-verbal sera signé par tous
les membres du comité, et dressé en
double original, dont l’un sera déposé
dans les archives de la commune et
l’autre adressé immédiatement au
gouverneur qui réglera ultérieurement
par un décret spécial de qui est relatif
au recensement général et à la procla-
mation du vote.

Nice, 7 avril 1860.
Le gouverneur provisoire,
LUBONIS.

581

x

sealed by the committee and deposited
at the City Hall under its responsi-
bility.

ART. 10. At four o'clock, on
Monday the 16th, the voting shall be
finally closed; the committees shall
proceed publicly to the summing up,
and shall draw up a formal minute of
all the operations and of the result of
the vote.

The formal minute shall be signed
by all the members of the committee,
and shall be drawn up in copy, one of
which shall be deposited in the ar-
chives of the commune and the other
sent immediately to the governor who
shall later, by a special decree, pro-
vide for whatever relates to the gen-
eral count and to the proclamation of
the vote.

Nice, April 7, 1860.

The Provisional Governor,
LUBONIS.

Proclamation of the Syndic of the City of Nice, April 8, 1860 *

CONCITOYENS!

Vous étes appelés á accomplir un
acte qui marquera dans vos annales
une époque mémorable.

Le 15 et le 16 de ce mois les urnes
du suffrage universel s’ouvriront pour
constater votre volonté sur l'annexion
à la France.

Dans un moment aussi solennel, la
voix de votre premier magistrat mu-
nicipal ne peut pas rester silencieux ;

FELLOW-CITIZENS!

You are called to fulfill an act

which will mark a memorable epoch
in your annals.
- On the 15th and 16th of this month
the urns of universal suffrage will be
opened to determine your will as to
annexation with France.

At a moment of such solemnitv, the
voice of your chief municipal magis-
trate can not remain silent; both his

1 Atti del Parlamento Italiano 10, Camera dei Deputati, April 12, 1860, p. 86.

582

f

il est de son devoir et de son honneur
de vous déclarer franchement, ouver-
tement, la voie que sa conscience et
l'intérêt public lui commandent de
suivre.

Les devoirs que lui imposaient son
histoire et les traditions de sa vieille
fidélité, Nice les a noblement remplis.

En présence du traité du 24 mars,
en présence de la proclamation de S.
M. notre Roi bien-aimé du premier
avril, tous ceux qui aiment véritable-
ment leur pays, tous ceux qui sont
sincèrement dévoués au Roi et à la
cause italienne ne peuvent avoir
qu'une seule pensée, qu'un seul but:
c'est que la haute volonté des deux
Souverains, acceptée par le libre con-
sentement du peuple, ne rencontre ni
difficulté, mi obstacle; c'est que sa
franche et loyale exécution resserre
d'une maniere indissoluble les liens de
l'alliance des deux grandes nations,
sur laquelle reposent l’avenir et les
espérances de l’Italie.

Serons-nous donc autour des urnes
avec calme et dignité; soyons unis
dans un méme esprit de patriotisme
éclairé et conciliant; que rien n'arréte
la libre expression de nos vœux, mais
que chacun de nous, en déposant son
vote, songe á ce qu'il doit à son pays,
à la France et à l'Empereur!

Vive la France! Vive l'Empereur!

Donné à l’hôtel de ville, le 8 avril
1860.

Le syndic de la ville,
Av. MALAUSSENA.

DOCUMENTS

duty and honor compel him to de-
clare to you, frankly and openly, the
path which his conscience and the pub-
lic interest command him to follow.

Nice has nobly fulfilled the duties
imposed by its history and traditions
of ancient fidelity.

In the presence of the treaty of
March 24, in the presence of the proc-
lamation of April 1 of H. M. our be-
loved King, all those who truly love
their country, all those who are sin-
cerely devoted to the King and to the
Italian cause can have but one thought,
but one object, namely, that the high
will of the two sovereigns, accepted by
the free consent of the people, should
encounter neither difficulty nor obsta-
cle; that its frank and loyal execution
should unite in indissoluble fashion
the ties of alliance of the two great
nations, on which rest the future and
the hopes of Italy.

Let us crowd about the electoral
urns with calm and dignity; let us
be united in a like spirit of patriotism,
enlightened and harmonious; let
nothing prevent the free expression
of our wishes, but let each one of us,
on casting his vote, consider what he
owes to his country, to France and to
the Emperor! |

Long live France!
Emperor!

Done at the City Hall, April 8,
1860.

Long live the

The Syndic of the City,
Av. MALAUSSENA.

SAVOY AND NICE, 1860

583

Proclamation of the Syndic of the City of Nice, Regarding Registration,
April 8, 1860 *

LE SYNDIC,

Vu le décret de M. le gouverneur
provisoire de l'arrondissement en date
du 7 courant,

ARRÊTE :

1. Le comité nommé par M. le
gouverneur provisoire procédera dans
les journées du 9, 10 et 11 courant à
la formation des listes pour le vote
qui doit avoir lieu dans les journées
du 15 et du 16 de ce même mois.

2. Les citoyens inscrits sur les an-
ciennes listes électorales ayant droit à
être inscrits sur les listes nouvelles,
et ceux notoirement connus comme
tels, seront inscrits d'office.

3. Tous ceux qui croient avoir droit
à l'inscription devront, dans les trois
jours susindiqués, se présenter au
bureau ouvert à l’hôtel de ville, pour
y faire la déclaration de leur nom,
prénom, lieu et date de naissance, et
domicile.

Le bureau sera constamment ouvert
depuis 8 heures du matin jusqu’à 6
heures du soir.

4. Aux termes de l’art. 25 de la loi
du 25 octobre dernier, auquel se rap-
porte l’art. 4 du décret de M. le gouver-
neur provisoire, outre les interdits
et ceux qui sont pourvus d'un conseil
judiciaire, sont exclus du vote:

a) Ceux qui ont été déclarés en

THE SYNDIC,

In view of the decree of the Provi-
sional Governor of the district, dated
the 7th of the current month,

DECREES :

1. The Committee appointed by the
Provisional Governor shall proceed
during the days of the 9th, 10th, and
11th of the current month to the draw-
ing up of the lists for the vote which
is to take place during the 15th and
16th of the same month.

2. The citizens registered on the
old electoral lists are entitled to be
registered on the new lists and those
publicly known to be such shall be
registered without application.

3. All those who believe themselves
to be entitled to be registered shall,
within the three days above indicated,
present themselves at the office opened
in the City Hall, to there declare their
name, surname, place and date of
birth, and domicile.

The office shall be open continu-
ously from 8 A. M. to 6 P.M.

4. According to the terms of Ar-
ticle 25 of the law of October 25
last, referred to in Article 4 of the
decree of the Provisional Governor,
besides those under special interdic-
tion and those under authority of the
court there are excluded from voting:

a) Those who have been declared

1 Atti del Parlamento. Camera dei Deputati, April 12, 1860, p. 87.

584

état de faillite et ceux qui ont fait ces-
sion de leurs biens sans avoir entiére-
ment payés leurs créanciers.

b) Les condammés á des peines
criminelles qui n'ont pas été réhabil-
ites.

c) Les condamnés à des peines cor-
rectionnelles, ou a des interdictions
particulières qu'ils subissent en ce mo-
ment.

d) Les condamnés pour
fraude, ou attentat aux moeurs.

5. S'ils s'éleve des réclamations,
elles seront portées immédiatement
devant le comité qui restera en perma-
nence.

6. Pour le vote, les citoyens inscrits
seront partagés en quatre sections par
ordre alphabéthique, et voteront dans
les endroits ci-dessous désignés. . . .

vol,

7. Les comités pour présider aux
opérations dans les quatre sections,
ont été composés par M. le gouverneur
provisoire de la manière suivante. . . .

8. Les opérations commenceront
dans toutes les sections à neuf heures
précises du matin des deux jours sus-
énoncés.

Donné à l’hôtel de ville, le 8 avril
1860.

Le syndic de la ville,
AV. MALAUSSENA.

DOCUMENTS

to be in a state of bankruptcy and
those who have assigned their prop-
erty without having made complete
payment to their creditors.

b) Those under criminal sentence
who have not been rehabilitated.

c) Those under sentence of cor-
rection, or who are at the moment un-
der particular interdictions.

d) Those under sentence for theft,
fraud or misdemeanors.

5. If these enter appeals, they shall
be immediately carried to the Com-
mittee which shall be permanent.

6. For the purpose of the vote the
registered citizens shall be alphabet-
ically divided into four sections, and
shall vote in the places designated be-
low. . ..

7. The committees to preside over

the operations in the four sections,
have been constituted by the Provi-
sional Governor in the following man-
ner. . ..
8. The operations shall begin in all
the sections promptly at nine o'clock
on the morning of the two days an-
nounced below.

Done at the City Hall, April 8,
1860.

The Syndic of the City,
Av. MALAUSSENA.

SAVOY AND NICE, 1860

585

Proclamation of the Governor Regent of the Province of Chambéry Regard-
ing the Detasls of the Election. April 7, 1860*

M. le Gouverneur de la Province
de Chambéry a fait publier et afficher
aujourd'hui la Proclamation suivante,
sur les dispositions qui ont été arrétées
d'un commun accord, touchant l’ex-
pression des voeux par le suffrage uni-
versel entre les Gouvernements de
Turin et de Paris: —

“ Le Gouverneur de la Province de
Chambéry s'empresse d'informer les
habitants de la Province, qu'il a été
convenu entre le Gouvernement Sarde
et le Gouvernement Francais que Pex-
pression des vœux du pays se ferait
au moyen du suffrage universel, et
qu'à cet effet les dispositions qui sui-
vent ont été arrétées de concert entre
eux:

ART. 1. Les Savoisiens habi-
tant la Province de Chambéry sont
appelés á voter sur la question sui-
vante: La Savoie veut-elle étre ré-
unie á la France?

“Art. 2. Le vote aura lieu par
Qui et par Non, au scrutin secret, au
moyen d'un bulletin manuscrit ou
imprimé.

“ Tout bulletin qui ne contiendrait
pas une réponse directe à la question
posée, ou qui contiendrait quelque ex-
pression repréhensible, sera considéré
comme nul.

‘ ART. 3. Le scrutin sera ouvert
dans chaque commune le Dimanche,

The Governor of the Province of
Chambery has had the following
Proclamation published and posted to-
day, respecting the arrangements
which have been unanimously adopted
by the Governments of Turin and
Paris for the expression of the public
will by universal suffrage :—

“ The Governor of the Province of
Chambery hastens to inform the in-
habitants of the Province that the
Sardinian and French Governments
have agreed that the expression of the
wishes of the country should be made
by means of a general vote, and that
for this purpose the following ar-
rangements have been agreed upon
between them :—

“ ARTICLE l. The Savoyards in-
habiting the Province of Chambery
are invited to vote on the following
question: Does Savoy wish to be
united to France?

“Art. 2. The vote will be ex-
pressed by Yes or No, by ballot, either
by means of a manuscript or printed
paper.

“ Every paper which does not con-
tan a direct reply to the question
asked, or which contains any objec-
tionable expression, will be considered
as null and void.

“ ART. 3. The poll will be open
in all the communes on Sunday the

1 Extract from the Gazette de Savoie of April 7; text and translation from British Par-
liamentary Papers, Affairs of Italy [2702], p. 164.

586

22 Avril, 1860, de 8 heures du matin
à 7 heures du soir.

‘ ART. 4. Seront admis à voter
tous les citoyens âges de 21 ans au
moins, nés en Savoie, ou hors de la
Savoie, de parents Savoisiens, habi-
tant la commune depuis six mois au
moins, et n'ayant pas subi de condam-
nation à une peine criminelle.

“Art. 5. Il sera formé dans
chaque commune un Comité présidé
par le Syndic, et en cas d’absence ou
d’empechement, par l’Assesseur le
plus ancien non empêché de la Junte
Municipale, et composé en outre de
quatre membres pris dans la Junte, et
au besoin dans le Conseil Municipal,
par ordre d’ancienneté, suivant l’Ar-
ticle 193 de la Loi du 23 Octobre
dernier.

‘ Ce Comité s'adjoindra un Secré-
taire de ‘son choix.

“ART. 6. Il dressera les listes et
les fera afficher le Dimanche 15 cou-
rant au plus tard. Il statuera d'ur-
gence sur les réclamations qui pour-
raient être faites.

“Tl présidera à la votation et il en
consignera le résultat dans un procès-
verbal signé par tous les membres.

“Art. 7. Dans les communes où
le Comité croirait nécessaire de for-
mer plusieurs sections, eu égard au
nombre des citoyens inscrits, il sera
établi, moyennant autorisation préa-
lable du Gouverneur, pour chaque sec-
tion, un bureau spécial, composé de

DOCUMENTS

22nd of April, 1860, from 8 o’clock
in the morning till 7 o’clock in the
evening.

“ ART. 4. All citizens of not less
than 21 years of age, born in Sa-
voy, or of Savoyard parents out of
Savoy, having lived in the commune
not less than six months, and not
having been condemned to any crim-
inal punishment, will be allowed to
vote.

“ ART. 5. A Committee will be
formed in each commune, presided
over by the Syndic, or in case of his
absence, by the senior Assessor of the
Municipal Junta, and composed, be-
sides, of four members taken from the
Junta, and if necessary from the Mu-
nipical Council, by order of seniority,
according to Article 193 of the Law
of the 23rd of October last.

“ This Committee will select a Sec-
retary.

“ART. 6. He will arrange the
lists, and will have them posted on
Sunday, the 15th instant, at the latest.
He will decide, in case of necessity,
upon the objections which may be
raised.

“ He will preside at the poll, and
he will announce the result in a
procès-verbal signed by all the mem-
bers.

“ART. 7. In the commune where
the Committee shall think it neces-
sary to form several sections, on ac-
count of the number of citizens in-
scribed, a special bureau shall be es-
tablished for each section, composed
of five members of the Municipal

SAVOY AND NICE, 1860

cinq membres pris dans le Conseil
Communal, de la maniére indiquée
dans l’Article 5 ci-dessus.

“ Sont au surplus applicables à ce
vote les dispositions d’ordre public
contenues dans les Articles 5, 52, 53,
54, 55 et 56, ainsi que celles de l’Ar-
ticle 65 de la Loi précitée du 23 Oc-
tobre dernier.

“ ART. 8. Le dépouillement étant
achevé, les procès verbaux seront im-
médiatement transmis aux Intendants
des Arondissements, qui les feront
parvenir au secrétariat de la Cour
d'Appel par l'intermédiaire du Gouv-
erneur.

“ ART. 9. La Cour, Chambres ré-
unies, procédera au dépouillement
général et en constatera le résultat par
un arrêt prononcé en séance publique.

“ Chambéry, le 7 Avril, 1860.
“Le Gouverneur Régent,
(Signé) “Du PASQUIER.”

587

Council, in the manner pointed out in
Article 5 above.

‘ The arrangements for public or-
der contained in Articles 51, 52, 53,
54, 55, and 56, are also applicable to
this vote, as well as those of Article
65 of the Law above mentioned of the
23rd of October last.

“Art. 8. The result of the votes
being ascertained, the procès-verbal
will be immediately transmitted to
the Intendants of the Arrondissement,
who will send them through the Gov-
ernor to the Secretary's office at the
Court of Appeal.

“Art. 9. The Court, the Houses
being united, will proceed to the gen-
eral scrutiny, and will announce the
result by a Decree pronounced in pub-
lic assembly.

“Chambery, April 7, 1860.

“Le Gouverneur Regent,
(Signed) “Du Pasquier.”

Circular of Instructions Issued to the Syndics of Savoy by the Governor?

Chambéry, le 9 avril, 1860.
M. LE SYNDIC,

Pour mieux garantir la sincérité du
vote solennel qui doit avoir lieu le 22
du courant, en assurant la régularité
des opérations, j'ai jugé convenable
de vous adresser encore quelques in-
structions relatives aux dispositions
contenues dans le manifeste du 7 du
courant.

Chambery, April 9, 1860.
M. LE SYNDIC,

In order more thoroughly to guar-
antee the sincerity of the solemn vote
which is about to take place on the
22nd of this month, and to insure the
regularity of the proceedings, I have
thought fit to address some further
instructions to you relative to the pro-
visions contained in the manifesto of
the 7th instant.

1 Text and translation from British Parliamentary Papers, Affairs of Italy [2656], p. 186.

588

Je vous prie en méme temps de bien
faire comprendre á vos administrés
que Sa Majesté le Roi Victor Eman-
uel, en signant le Traité du 24 Mars
dernier, et en nous appellant, par sa
proclamation du 1 d'Avril, à donner
notre adhésion a ce Traité, nous a par
la même deliés de nos serments, et
nous a rendu notre pleine liberté.

Faites-leur remarquer aussi que la
Savoie n'a pas á se prononcer entre le
Gouvernement Sarde et le Gouverne-
ment Francais; les versants Francais
des Alpes ne peuvent plus appartenir
a l'Etat puissant dont le Piémont fait
maintenant partie.

Il n’y a donc pas de choix à faire
entre France et le Piémont, et la ques-
tion est uniquement de savoir si nous
voulons adhérer au Traité qui nous
réunit à la grande nation Française,
ou si nous préférons livrer notre pays
au chances imprévues d’un avenir in-
connu. Que chacun mette la main
sur son coeur et qu'il réponde en toute
liberté !

DOCUMENTS

I beg of you, at the same time, to
explain to the persons under your ad-
ministration that His Majesty King
Victor Emanuel, by signing the
Treaty of the 24th of last March, and
by summoning us by his Proclamation
of the lst of April to notify our ad-
hesion to this Treaty, has thereby re-
leased us from our oaths, and given
us our entire liberty.

Point out to them, too, that Savoy
has not to choose for Sardinia or for
France. The French sides of the
Alps can no longer belong to the
powerful State of which Piedmont
now forms a part.

We have, therefore, not to choose
between France and Piedmont. The
question before us is, only whether
we wish to stand by the Treaty which
unites us to the great French nation,
or whether we prefer to give up our
country to the unforeseen chances of
an unknown future. Let each man
put his hand on his heart, and answer
with all freedom.

The Swiss Federal Council Renews its Protest to the Powers *

The Swiss Federal Council to Lord J. Russell

Berne, le 11 avril, 1860.
D'apres des rapports concordants
et dignes de foi, la votation sur l’an-
nexion de la Savoie á la France a été
fixée au 22 Avril prochain. La ques-
tion doit étre posée comme suit:
Annexion á la France, Oui ou Non.

Berne, April 11, 1860.
According to concurrent and cred-
ible reports, the voting on the annexa-
tion of Savoy to France has been
fixed for the 22nd of next April.
The question is to be put as follows:
Annexation to France — Yes, or No.

1 Text and translation from British Parliamentary Papers, Affairs of Italy, Savoy and

Switzerland [2702], p. 179.

SAVOY AND NICE, 1860

‘La votation aura lieu par communes.

Le Conseil Fédéral Suisse ne sau-
rait accepter en silence la nouvelle
phase dans laquelle l’affaire pendante
doit entrer. Il a déjà eu l’honneur
d'exposer dans la note circulaire du
19 Mars á que il croit devoir appré-
cier en général les eftets d'une pareille
votation. Déjà á cette occasion il a
exprimé l’opinion que les droits sur les
provinces neutralisées de la Savoie,
droits si solennellement garantis par
l’Europe, ne sauraient être mis à néant
ni par une simple cession ni par une
votation populaire. En ce qui con-
cerne la votation elle-même, le Conseil
Fédéral a cru devoir exposer en toute
franchise et à diverses fois sa maniére
de voir et a réservé formellement ses
droits à cet égard.

Aussitôt après les proclamations
bien connues des Gouverneurs d'An-
necy et de Chambéry, des 8 et 10
Mars, il a chargé ses Représentants á
Paris et á Turin de protester contre
toute votation jusqu'à ce qu'on se fút
entendu avec la Suisse. Ila formel-
lement déclaré qu'il ne pourrait pas
reconnaitre comme obligatoire une vo-
tation opérée sans une entente préala-
ble, une votation dans laquelle la
Suisse et ses légitimes prétentions
seraient méconnues.

Il a absolument maintenu ce point
de vue dans sa nouvelle protestation
du 27 Mars, en demandant que la
Suisse füt consultée sur le mode de
procéder á une votation dans les

589

The voting will take place by com-
munes.

The Swiss Federal Council could
not accept in silence the new phase
into which the pending affair is about
to enter. It has already had the hon-
our to explain, in its circular note of
March 19, from what point of view it
believes that it must appreciate in
general the effects of a mode of vot-
ing of this kind. Already, on that oc-
casion, it expressed the opinion that
the rights over the neutralized prov-
inces of Savoy, rights so solemnly
guaranteed by Europe, could not be
extinguished either by a simple cession
or a popular vote. As far as con-
cerns the voting itself, the Federal
Council has considered it its duty to
explain its view with all frankness
and on several occasions, and has
formally reserved its rights in that
respect.

Immediately after the well-known
proclamations of the Governors of
Annecy and Chambery, of the 8th and
10th of March, it instructed its Rep-
resentatives at Paris and Turin to
protest against any voting until an
understanding had been come to with
Switzerland. It formally declared
that it could not recognize as obliga-
tory a vote taken without a previous
understanding; a vote in which
Switzerland, and her legitimate pre-
tensions, should be ignored.

It absolutely maintained this point
of view in its new Protest of March
27, by demanding that Switzerland
should be consulted upon the mode of
proceeding to a vote in the neutralized

590 Lo

provinces neutralisées et qu’à cet égard
il ne fút rien fait sans son assenti-
ment. Le Conseil Fédéral a eu 1'hon-
neur d'en donner connaissance aux
hauts garants des Traités Européens
par note-du méme jour, en ajoutant
qu'il devait insister sur le maintien
absolu du méme jour, en ajoutant
qu'il devait insister sur le maintien
absolu du sfatu quo jusqu'á ce que
l'entente mise en perspective, avec les
Puissances et la Suisse elle-même, fût
intervenue. - Par la votation projetée,
susmentionée, toutes ces réclamations,
toutes ces demandes aussi justes
qu'équitables de la Suisse seraient en-
tierement méconnues. Il doit être
procédé à- un acte d'une grande portée
politique et morale, sans le concours
de l’un des principaux intéressé, sans
l’entente préalable des Puissances dont
la réunion, avec la participation de la
Suisse, a été positivement sollicitée
par la note du 5 courant.
- En présence de ce fait, impliquant
un mépris flagrant de ses droits, le
Conseil Fédéral éprouve le besoin de
déclarer positivement qu'il ne saurait
reconnaitre comme décisif le résultat
de la prochaine votation et qu'il de-
vrait protester formellement contre
toute inférence par laquelle on vou-
drait se prévaloir de cet acte pour por-
ter atteinte aux droits appartenant á
la Suisse. |

Le Conseil Federal peut d'autant
moins reconnaître la votation comme
obligatoire que d’un côté la libre ex-
pression de la volonté que l’on n’a
cessé de réclamer pour la population
de la Savoie du Nord n'est pas as-

DOCUMENTS

provinces, and that in that matter
nothing should be done without her
consent. The Federal Council had
the honour to communicate that pro-
test to the High Powers who guaran-
teed the European Treaties by a note
of the same day; adding that it must
insist upon the absolute maintenance
of the status quo, until the understand-
ing in prospect, with the Powers and
Switzerland herself, should have in-
tervened. By the projected vote
above mentioned, all these remon-
strances, all these demands of Swit-
zerland, as just as they are equitable,
would be entirely ignored. An act is
to be performed of great political and
moral bearing, without the concur-
rence of one of the principals inter-
ested; without the previous under-
standing of the Powers whose meet-
ing, with the participation of Swit-
zerland, had been positively solicited
by the note of the Sth instant.

In face of this fact, implying a
flagrant contempt for its rights, the
Federal Council feels the need of de-
claring positively: that it could not
recognize as decisive the result of the
approaching vote, and that it must
protest formally against any: infer-
ence by which it might be wished to
take advantage of that act to infringe
the rights belonging to Switzerland.

The Federal Council can so much
the less recognize the vote as obliga-
tory, inasmuch as on one side the free
expression of will which has been un-
ceasingly claimed for the population
of Northern Savoy is not assured;

SAVOY AND NICE, 1860

surée, que de l'autre il doit y étre pro-
cédé sans l'entente préalable avec la
Suisse, et qu'enfin le Conseil Fédéral
n'a aucun moyen pour contróler la vo-
tation, tandis qu'il est de notoriété
que des Agents Francais ayant à leur
tête le Sénateur Laity, travaillent en
Savoie dans l'intérêt de la France.

Le Conseil Fédéral se trouve dés
lors dans la position de renouveler ses
protestations devant les hauts garants
des Traités Européens et en face de
toute l'Europe. Il leur recommande
avec instance de soumettre la présente
réclamation à une appréciation sé-
rieuse et impartiale, tout comme aussi
de prendre dûment en considération
les droits de la Suisse et de faire de
promptes démarches pour le maintien
du statu quo.

Il saisit, &c.
Au nom du Conseil Federal,
Le Président de la Confédération,
(Signé) FREY-HEROSEE.
Le Chancelier de la Confédération,
SCHIESS.

591

and as, on the other, it is contem-
plated to act without previous un-
derstanding with Switzerland ; and as,
finally, the Federal Council has no
means of controlling the voting,
whilst it is notorious that French
Agents having at their head the Sen-
ator Laity are working in Savoy in
the interest of France.

The Federal Council is therefore in
the position of renewing its protests
before the High Powers who guaran-
teed the European Treaties, and in
face of all Europe. It earnestly
recommends them to submit the pres-
ent remonstrance to a serious and im-
partial appreciation, as also to take
duly into consideration the rights of
Switzerland, and to take prompt steps
for the maintenance of the status quo.

It seizes, &c.,
In the name of the Federal Council,
The President of the Confederation,
(Signed): FREY-HEROSEE.
The Chancellor of the Confederation,
SCHIESS.

Circulars Sent by the Intendant Regent of Faucigny to the Syndics, Com-
munal Magistrates, Governors of Charitable Associations and Public Func-

tronaries !

Intendance de l'Arondissement du
Faucigny..

Objet: Entree en Fonctions.
Bonneville, le 16 Avril, 1860.
MESSIEURS, 7

a

Appelé a régir I’Intendance de

Intendance of the Arrondissement
of Faucigny

Subject: Entry on Functions.
Bonneville, April 16, 1860.
GENTLEMEN,
Invited to superintend the Intend-

1Extract from Journal de Généve; text and translation from British Parliamentary Papers,

Affairs of Italy, 1860 [2656], p. 206.

592

VArrondissement du Faucigny en
remplacement de M. le Chevalier Ber-
goën, je sens toute l'importance et la
responsabilité de l'emploi qui m'est
confié.

Mais, enfant du Faucigny, dévoué
à mon pays et à mes concitoyens, j'ose
assumer cette charge, parce que je
compte sur le zèle éclairé et le con-
cours bienveillant des Syndics et au-
tres Administrateurs, et des fonction-
naires publics avec lesquels je dois
entrer en relation.

La votation à laquelle sont ap-
pelés tous les Savoisiens pour les 22
et 23 de ce mois, est l'acte le plus
solennel auquel il soit donné à un peu-
ple libre de prendre part; elle va dé-
cider de l'avenir de notre chère patrie.

La votation doit avoir lieu avec
toute la liberté possible, mais, pour en
assurer l’heureux résultat, il importe
de bien éclairer les votants.

Veuillez leur rappeler, Messieurs,
qu'il n'est pas question de prononcer
sur une préférence entre la France et
le Piémont, entre la France et la
Suisse; que le Piémont nous a cédés á
la France par le Traité du 24 Mars, et
que nous ne pouvons plus lui appar-
tenir; et que la Suisse est étrangère à
ce Traité, soumis a leur adhésion.

Reste donc le vote affirmatif ou
négátif sur la réunion á la France, tout
autre vote étant réputé nul.

En votant affermativement, on con-
firme la votation (?) ! de nos pères

DOCUMENTS

ance of the Arrondissement of Fau-
cigny in place of the Chevalier Ber-
goén, I feel the whole importance
and responsibility of the employment
which is confided to me.

But, a child of Faucigny, devoted
to my country and my fellow-citizens,
I venture to assume this charge, be-
cause I count upon the enlightened
zeal and the friendly assistance of the
Syndics and other Magistrates, and
of the Public Functionaries, with
whom I am to enter into relations.

The voting to which all Savoy-
ards are invited on the 22nd and
23rd of this month, is the most solemn
act in which it could be given to a free
people to take part; it is to decide
the future of our dear country.

The voting is to take place with
all possible liberty, but, in order to
ensure the successful result of it, it is
necessary to instruct the voters well.

Be good enough to remark to
these gentlemen, that there is no ques-
tion of pronouncing on a preference
between France and Piedmont, be-
tween France and Switzerland; that
Piedmont has ceded us to France by
the Treaty of the 24th of March, and
that we can no longer belong to her;
and that Switzerland is a stranger to
that Treaty, which is submitted for
their adhesion.

There remains, therefore, the vote
affirmative or negative upon union
with France; any other vote being re-
puted null.

By voting affirmatively, you ad-
here to the voting (?) of your sires

1 This interrogation appears in the text as printed in Parliamentary Papers.

SAVOY AND NICE, 1860

en 1792; on rentre dans la grande
famille aprés une longue absence pour
y jouir des droits et avantages at-
tachés á la qualité de Francais, et du
" privilège inappréciable d'une zone
douanière, que vous désirez depuis si
longtemps et qui est officiellement
garantie.

L'Empereur, qui est la personni-
fication des idées grandes et géné-
reuses, ne restera pas insensible à cette
manifestation des sympathies d'un
peuple ; il rendra à ce peuple en bien-
veillance le centuple de la satisfaction
qu'il lui aura causée.

‘En votant négativement, la Sa-
voie sera réduite à l'impuissance, à
l'anarchie.

Il était de mon devoir de faire
connaître la situation pour éviter des
surprises.

Ä Agreez, &c.
L’Intendant Regent du Faucigny,
(Signé) J. Guy.

Intendance du Faucigny

Objet: Vote des 22 et 23 Avril

Bonneville, le 17 avril, 1860.
MONSIEUR,

Le 22 courant tous les Savoisiens
sont appelés à fixer eux-mémes leurs
destinées. |

Je crois inutile d'insister sur l’im-
portance de l'acte solennel auquel
doivent prendre part tous nos compa-
triotes.

Votre mission, Monsieur, vous im-
pose .de nouveaux devoirs, de nou-

593

in 1/92; you re-enter into the great
family, after a long absence, to en-
joy therein rights and advantages at-
tached to the title of Frenchmen, and
the inappreciable privileges of a Cus-
toms zone, which you have so long
desired, and which is officially guar-
anteed.

The Emperor, who is the personi-
fication of great and generous ideas,
will not remain insensible to this man-
ifestation of the sympathies of a peo-
ple; he will restore to that people in
benevolence a hundred-fold the satis-
faction which it shall have caused him.

By voting negatively, Savoy will
be reduced to impotence and anarchy.

It was my duty to make known
the situation in order to avoid mis-

takes.

Receive, &c.,
The Intendant Regent of Faucigny,
(Signed) J. Guy.

Intendance of the Arrondissement of
Faucigny

Vote of the 22nd and 23rd
of April

Bonneville, April 17, 1860.

Subject:

SIR,

On the 22nd instant, all the Savoy-
ards are invited themselves to fix their
destinies.

I consider it useless to insist on the
importance of the solemn act in which
all our compatriots are to take part.

Your mission, Sir, imposes on you
new duties, new obligations still

3%

xeHes obligations, plus grandes en-
core-que celles que votre dévouement
à la chose commune vous a sans nul
doute déjà dictées. | |

Profitez de l'influence que vos ser-
vices passés vous donnent sur les
habitants des campagnes pour bien
leur faire comprendre l'intérêt majeur
qui se rattache à la votation des 22 et
23 Avril, 1860.

Qu'ils soient mis en garde contre
les menées de ces hommes qui, ne pou-
vant faire prévaloir leurs criminelles
tentatives, voudraient les entrainer
dans leur chute. Qu'ils comprennent
bien que ce sont des conseils perfides,
ceux de ces faux patriotes qui leur
disent, ‘ Tout est fini; il est inutile de
voter.” |

L'abstention est toujours un acte
de mauvais citoyen.
serait plus encore; ce serait une faute
irréparable.

Il faut qu’une immense majorité,
la presque unanimité des bulletins ap-
prenne à l’Europe que la Savoie est
toute entière Française par le cœur,
et que les exigences de la politique se
sont parfaitement conciliées avec les
aspirations nationales.

Vous donnerez une preuve écla-
tante de votre dévouement à la Savoie
en vous conformant aux instructions
de cette lettre.

En m'adressant à vous avec pleine
confiance, j'espère que vous voudrez
bien me prêter une active collabora-
tion.

Agréez, &c.
L’Intendant Regent du Faucigny,
(Signé) J. Guy.

Aujourd’hui ce’

DOCUMENTS

greater than those which your devo-
tion to the common affairs has, with-
out any doubt, already dictated to you.

Take advantage of the influence
which your past services give you over
the inhabitants of the “ campagnes,”
to make them understand the deep in-
terest which attaches to the voting of
the 22nd and 23rd April, 1860.

Let them be put on their guard
against the practices of those men
who, being unable to gain success for
their criminal attempts, would wish
to drag them with them in their fall.
Let them well understand that they
are perfidious counsels, those of these
false patriots who say to them, “ All
is finished; it is useless to vote.”

To abstain is always an act of bad
citizenship ; at present it would be still
more; it would be an irreparable fault.

It is necessary that an immense ma-
jority, the all but unanimity of the
votes, should teach Europe that Savoy
is entirely French at heart, and that
political exigencies are perfectly in
unison with the national aspirations.

You will give a striking proof of
your devotion to Savoy by conforming
yourself to the instructions of this let-
ter.

In addressing you with full confi-
dence, I hope that you will be good
enough to lend me an active coopera-
tion. |

Receive, &c.,
The Intendant Regent of Faucigny,
(Signed) J. Guy.

SAVOY AND NICE, 1860 595
The Vote of the County of Nice as Announced by the Court of Appeals, April
28, 1860 * |
(Dépêche Officielle)

Voici jusqu’à présent le résultat du vote des militaires appartenant au Comté
de Nice:

(Provisional statement of the result of the vote of the soldiers belonging ‘to the County of

Nice.) |
Qui ooo cece ccc ccc cece rec cc ere sr ee cece ts cetesesees neveses eee 0% 100 Ba
(Yes)
Non .......... 1000000 er erericerereris eros ecc cose cr 0 cre rec ea0eo 186
(No)
Nuls seen cesse nennen nano en en onen ne nenne a 23
(Void) ein

Tableau Officiel du Vote du 15 et du 16 Avril” *'
(Official Statement of the Vote of April 15 and 16)

Communes Inscrits Votants Oui ..Non. .. Nuls
(Registered) (Voting) (Yes) (No) . (Void) .
Nice ................. 7,918 6,846 6,810 . «11... 25
ÁSCTOS .............. 146 129 129 .. we
Aspremont ........... 505 412 412 ee we
Auvare .......ooooo.... 33 33 32 ee 1
Bairols ............... 67 65 65 .. e
Belvedere ............ 283 261 261 sereni.
Berre ................ 175 174 174 we
Beuil ................. 152 145 145
Bollene .............. 210 208 208 ee
Bonson ............... 120 114 114 ..
Breil ............o.... 841 557 556 1
Briga ................ 1,190 323 323 oe
Castellar ............. 219 137 79 58
Chateauneuf .......... 337 305 305 ‘a
Chateauncuf d'Entraunes 75 70 70 BR
Castillon ............. 100 37 72 1
Clans ................ 232 212 212 es
Coaraze .............. 211 209 209
Contes ............... 521 499 499
Cuebris .............. 92 84 84
Daluis ......... Co...» 95 94 94
Drap ................ 247 217 217
Duranus ............. 81 76 76
Entraunes ............ 151 147 147 ..
Escaréne ............. 465 425 424 1.

1 Extract from the Messager de Nice, April 29, British Porliamentary Papers, Affairs of
Italy [2702], p. 217.

596
Communes Inscrits
(Registered)

Eze .....ooooooocmomooo». 171
Falicon ............. ee 52
Gilette ............... 230
Gorbio ............... 170
Guillaumes ........... 307
Lieusola ............. 287
La Croix ............ 92
Lantosque ..... soso 696
La Penne ............. 71
La Tour ....... coco 244
Levens ............... 487
Lieuche . 52
Lucérame ............ 305
Malaussene co... 123
Marie .....oooooooro.o 72
Massoins ..........000. 81
Menton .............. 910
Molinet ss... eorceve 330
Peille ................ 548
Peillon ............... 167
Peone ......... seo... 179
Pierlas ...... es. 53
Pierrefeu ........ cere 68

Puget-Rostang ........ 60
Puget-Thénier ........ 374

Rigaud ............... 156
Rimplas .............. 71
Roubion .............. 105
Roquebillére ....oooooo 527
Roquebrune .......... 210
Roquesteron .......... 122
La Roquette .......... 235
Roure ....o.oooooo..».. 157
Ste, Agnès ........... 176
St. André ............ 167
St. Antonin .......... 27
St. Blaise ............ 102
St. Dalmas le Sauvage 213
St. Leger ............ 38

St. Martin d’Entraunes 158
St. Martin Lantosque. 441

St. Sauveur .......... 148
St. Etienne ........... 609
Saorgio .............. 793
Sauz ...oooooooooo.oo»o»o 91
Sigale ............. .... 118
Sospel ............... 940
Tende ......... sure. 676
Thierry .......00000 .. 64
Toudon .............. 140

DOCUMENTS

Votants Qui
(Voting) (Yes)
133 133
51 51
230 230
85 59
292 292
266 266
90 90
627 627
70 70
227 227
481 481
47 47
302 302
109 109
67 67
78 78
695 639
231 231
408 408
151 151
179 179
46 46
66 66
57 57
352 352
144 144
55 55
101 101
503 503
194 194
122 122
228 228
154 154
96 91
166 166
27 27
98 98
213 213
38 38
148 148
425 425
117 117
505 505
605 605
74 74
118 118
868 864
388 387
61 61
139 139
114 114

Non
(No)

26

Nuls
(Void)

SAVOY AND NICE, 1860

Communes Inscrits Votants

(Registered) (Voting)
Touet de l’Escarène... 123 105
Tournefort ........... 60 56
Tourette-Levens ...... 408 369
Tourrette-Revest .... 119 119
Trinité-Vict. ......... 433 301
Turbie ............... 224 191
Utelle ....... doom. m.s. 729 694
Valdeblore ........... 282 212
Venanson ............ 84 70
Villefranche .......... 604 535
Villeneuve d'Entraunes 73 73
Villars ............... 245 228
Ylonse ............... 134 124
Total ............ 30,712 25,933

597

Oui
(Yes)
105
56
369
119
301
191
694
212
70
535
73
228
124

Non
(No)

Nuls
(Void)

25,743 160 JU

Result of the Plebiscite of Savoy as Proclaimed by the Municipal Junta of
Ä Chambery. April 29, 1860 !

HABITANTS DE CHAMBERY,

La Savoie tout entiere vient de de-
clarer qu'elle veut étre Francaise.

135,449 Savoisiens étaient con-
sultés sur les destinées de leur patrie:
130,533 ont opté pour la France (235
non, 71 bulletins nuls).

Jamais un tel spectacle n'avait été
offert au monde.

Il ne saurait plus y avoir aujourd’-
hui de vainqueurs ni de vaincus. Au
milieu de cette imposante unanimité,
les vieilles haines de parti ont dú dis-
paraître et ne laisser après elles que
union et la paix.

Le Faucigny et le Chablais, qu'on
avait cherché à séparer de notre cause,
continueront à partager nos destinées,
et l'antique lien qui unissait les pro-
vinces de la Savoie ne sera point brisé.

INHABITANTS OF CHAMBERY,

The whole of Savoy has just de-
clared that she desires to be French.

135,449 Savoyards have been con-
sulted as to the destiny of their coun-
try: 130,533 have chosen France
(235 against, 71 tickets null).

Never was a like spectacle offered
to the world.

This day can there be no longer
conquerors and conquered. In the
midst of this imposing unanimity the
ancient enmities of party were forced
to disappear, and to leave behind
them only union and peace.

Faucigny and Chablais, which had
been sought to be separated from our
cause, will continue to share our des-
tinies, and the ancient tie which
united together the Provinces of Sa-
voy will not be broken.

1 Text and translation from British Parliamentary Papers, Affairs of Italy, Savoy and

Switzerland [2702], p. 227.

598

En nous rappelant avec orgueil le
passé de notre pays, nous pouvons
etre heureux et fiers de son avenir.
Chambéry retentit encore des cris de
Joie qui ont accueilli le résultat du
scrutin de notre antique cité. Nous
acclaminons ce résultat comme l’hon-
neur de notre ville, comme l’expres-
sion de ce que la Savoie entière venait
de voter en même temps que nous.
L'événement a pleinement justifié ces

prévisions.
Bientot la decision du Parlement
aura tranché définitivement cette

question, qui tient notre pays en sus-
pens depuis plusiers mois. A cette
époque seulement notre sort sera ir-
révocablement fixé. Alors nous pour-
rons exprimer notre allégresse de
nous voir enfin rentrés dans le sein de
la grande famille Française; alors
nous appellerons votre concours pour
une fête publique qui soit à la hau-
teur de nos sentiments.
Vive la France! Vive l’Emper-
eur!
Chambéry, le 29 Avril, 1860.
Les Membres de la Junte,
(Signé) L. MARTIN,
J. DE VILLE,
T. CHAPPERON,
F. GRUAT,
E. DE BoIGNE,
BOURBON.

DOCUMENTS

In recalling with pride our coun-
try's past, we can be happy and ex-
ulting for its future. Chambery still
rings with the cries of joy which
greeted the result of the poll in our
ancient city. We hailed this result as
an honour to our town, as the ex-
pression of what entire Savoy had
just voted at the same time as our-
selves. The event has fully borne out
these prognostications.

Shortly will the decision of Parlia-
ment have definitively solved this
question, which during several months
has kept our country in suspense.
At that period only will our lot be ir-
revocably fixed. Then will 1t be for
us to express our gratification at find-
ing ourselves at length restored to the
bosom of the great French family;
then shall we invite your co-operation
in a public festival which may be
worthy of the depth of our sentiments.

Vive la France! Vive l’Empereur!

Chambery, April 29, 1860.
The Members of the Junta,
(Signed) L. MARTIN.
J. DE VILLE.
T. CHAPPERON.
F. GRUAT.
E. DE BoIGNE.
BOURBON.

SAVOY AND NICE, 1860

599

The Vote of S avoy by Districts and Communes as Announced by the Court of

Appeals. April 29, 1860 1

Bulletins (Ballots)

Arrondissements. Inscrits. Votants. Affirmatifs. Négatifs. Nuls.
(Districts) (Registered) (Voting) (Affirmative) Negative Void
Chambéry ...............,...,... .36,826 35,961 35,892 51 18
Albertville ...................... 10,477 - 10,342 10,334 6 2
St. Jean de Maurienne Lon ..... 15,438 15,240 15,226 12 2
Moütiers ..............,......,.. 9,249 9,093 9,093 (sic) 5 4
Total ..................... 71,990 70,636 70,536 74 26
Annecy ...ooooccoccrnocancnccoss 25,986 24,999 24,945 43 11
Thonon ........................ 14,594 13,866 13,836 27 3
Bonneville ...................... 22,879 21,338 21,216 91 31
Total ..................... 63,459 60,203 59,996 161 45
Total général ................... 135,449 130,839 130,533 235 71
(Grand total)
Votes of the Thirty-Two Principal Communes of Savoy
Bulletins (Ballots)
Communes Inscrits Votants Oui Non
| (Registered) (Voting) (Vea) (Nay)
Chambéry .............,........ 3,953 3,619 3,588 2
ANNECY sons nec ececcees 2,296 2,139 2,117 21
Thonon ........................ 1,265 1,161 1,160 1
Aix-les-Bains ................... 1,195 1,105 1,091 13
Roumilly ....................... 1,128 1,125 1,125
St. Jean de Maurienne .......... 809 795 795
Yenne .......................... 835 802 802 es
Albertville ...................... 731 722 719 2
Moütiers ....................... 468 462 462 ws
Bonneville ...................... 539 517 516 we
La Roche ....................... 795 757 755 2
Sallanches ...................... 425 423 422 1
Cluses ..............,............ 417 416 416 1
Bourg St. Maurice .............. 637 629 629 si
Seyssel ......................... 436 408 408 ..
Annemasse ......ooomooconmomo.o». 315 293 292 1
St. Julien ....................... 298 276 273 2
Faverges ....................... 805 790 790
Thônes ......................... 650 609 609
Evian ..................,....... 535 502 502
Montmélian ..................... 310 305 305

1 From the Supplement to the Gazette de Savoie of May 3, 1860. British Parliamentary
Papers, Affairs of Italy [2656], p. 228.

600 DOCUMENTS
Bulletins (Ballots)
Communes Inscrits Votants Qui Non
(Registered) (Voting) (Yea) (Nay)
St. Pierre d’Albigny ............. 895 864 864 ..
Pont Beauvoisin ................ 322 321 321
Les Echelles ................... 249 249 248
St. Genix ...................,.. 532 507 507
Ugines ......................... 549 533 533
Aiguebelle ...................... 285 285 285
Thorens ........................ 685 627 627
Chamonix ...................... 620 609 608 ..
St. Gervais ..................... 396 356 340 16
Samoens ....................... 570 550 548 2
Taninges .................. Nonne 539 505 505 ..

Observations of the President of the Council of Ministers on Presenting to
the Sardinian Chambers the Bill for Giving Execution to the Treaty of

Turin. May 12, 1860*

SIGNORI,

Ho l’onore di presentare alla Ca-
mera il progetto di legge che autorizza
i, Governo del Re a dar esecuzione al
Trattato conchiuso a Torino il 24
Marzo, 1860, per la riunione della
. Savoia e del circondario di Nizza alla
Francia.

In pochi mesi, mercè l’aiuto gen-
erosa accordatoci dall'Imperatore dei
Francesi, un regno di undici milioni
d'Italiani, capaci di difendere oramai
la propria indipendenza, sottentrò a
quello Stato Subalpino che per aver
assunta la difesa della causa d’Italia
vedeva le sue provincie invase dalle
truppe Austriache.

La Francia, che ebbe tanta parte
nei combattimenti avvenuti, espose al
Governo del Re non essere conveniente

GENTLEMEN,

I have the honour to present to
the Chamber the Bill authorizing the
Government to carry out the Treaty
of 24th March, 1860, for the union of
Savoy and Nice to France.

In the course of a few months,
thanks to the generous help of the
Emperor of the French, a kingdom of
11,000,000 of Italians, capable of de-
fending itself, grew out of that Sub-
alpine State which in taking up the
cause of Italian defence saw its prov-
inces invaded by Austria.

France, which took such part in
these conflicts, objected to Sardinia,
thus enlarged, retaining the frontier

2 Text and translation from British Parliamentary Papers, Affairs of Italy, Savoy and

Switzerland [2702], p. 246.

„ch

SAVOY AND NICE, 1860 601

che il Regno di Sardegna, cosi am-
pliato di territorio e di sudditi, con-
servasse quelle stessa linea di fron-
tiere che l’Europe aveva fissata fra 1
due paesi nei Trattati del 1815. Il
Governo Francese domandò quindi
la cessione, a titolo di rettificazione di
frontiere, delle nostre provincie poste
al di là delle Alpi.

Per quanto grave fosse il sacrificio
che ci veniva chiesto, il Re ed i suoi
Ministri non riputarono di poter re-
spingere questa domanda.

Consci, anche per recenti esperienze,
che l’ingratitudine è il peggiore dei
sistemi politici, noi non volemmo che
la Francia potesse rammaricare l’aiuto
accordatoci, e stimarsi meno tran-
quilla e sicura avendo per vicina, an-
zichè l’Italia debole e divisa, l’Italia
degli Italiani.

Pero, nell'acconsentire alla separa-
zione di due province, le quali, benche
divise dal resto dello Stato da alte ca-
tene di monti, avevano. dato all'au-
gusta nostra Dinastia tante prove di
fedeltà e d’affetto, il Governo del Re
appose al suo assenso alcune impor-
tantissime condizioni.

Stabili in primo luogo che la Fran-
cia si obbligasse ad osservare, rispetto
alle provincie neutralizzate della Sa-
voia, tutte le speciali stipulazioni
vigenti a questo proposito fra la Sar-
degna e la Confederazione Elvetica.

Chiese inoltre che le popolazioni
della Savoia e del circondario di Nizza
fossero consultate intorno alla loro
riunione alla Francia con quella stessa
forma di votazione con cui gli abitanti

towards France fixed in 1815, and
therefore demanded our provinces be-
yond the Alps.

However great the sacrifice, we did
not think we could refuse the request.

Well aware that the worst of po-
litical systems is ingratitude, we were
unwilling that France should regret
her aid, and feel less secure in having
as a neighbour, instead of Italy weak
and divided, Italy of the Italians.

Still before consenting, several im-
portant conditions were made.

Firstly, that France should bind
herself to observe, as regards neutral
Savoy, all the special stipulations ex-
isting between Sardinia and Switzer-
land;

That Nice and Savoy should ex-
press their wishes by the same mode
of vote as had been used by the Ital-
ians in voting their annexation to
Sardinia;

602

dell'Italia Centrale manifestarono la
loro volontà di formare un popolo solo
con gli antichi sudditi di Re Vittorio
Emanuele.

Si convenne poi espressamente che
una Commissione Mista avrebbe fis-
sato i nuovi confini fra i due paesi,
tenendo conto delle necessità reci-
proche della difesa e della configura-
zione delle montagne. Questa Com-
missione, che dovrà pur recarsi sui
luoghi, non ha ancora compiuti i lavori
che gli furono affidati. Il riferente
è però lieto di recare a notizia della
camera che, giusta gli accordi già
tenuti col Governo Francese, il nostro
stato rimarrà in possesso del corso
superiore della Roia, della Tinea e
della Vesubia, come pure degli alti-
piani del grande e del piccolo Cenisio,
ora parte della provincia della Mori-
nana.

La necessità urgente di por fine ad
uno stato d'incertezza che non era
senza pericoli per l’ordine pubblico
fece si che si dovesse procedere alle
votazioni nella Savoia e nel circon-
dario di Nizza prima che il Trattato
potesse essere sottomesso al Parla-
mento, del quale però fu espressa-
mente riservata l'approvazione. Ma,
essendosi adottata appunto quella
forma larghissima di votazione che fu
adoperata testè nell'Emilia e nella
Toscana, non parve inopportuno che
il voto del Parlamento fosse preceduto
da questa solenne inchiesta intorno
alla volontà delle popolazioni.

Rimane ora che il Parlamento con-

DOCUMENTS

That a Mixed Commission should
mark out the new frontier, recipro-
cally taking into consideration the
necessities of defence and the con-
figuration of the mountains. Its la-
bours are not yet ended, but we shall
remain in possession of the Upper
Roia, of the Tinea, and Vesubia, and
of the plateaux of the great and lit-
tle Mont Cenis, now part of the prov-
ince of Maurienne.

The necessity of bringing to an end
a state of uncertainty which might
become dangerous, caused us to take
the votes of Nice and Savoy before
consulting Parliament,. whose con-
sent, however, was especially stipu-
lated for.

It now remains for you either to

SAVOY AND NICE, 1860 603

sacri O respinga col suo voto questa
importante stipulazione. Nel sotto-
porre questo grave argomento alle
vostre deliberazioni, il riferente si
limita ad osservare che, se ogni ces-
sione di territorio è sempre doloroso,
essa lo è assai meno quando non è il
risultato d’umilianti sconfitte, ma la
consequenza d’una guerra gloriosa;
non è una concessione ad un vittorioso
nemico, ma un attestato solenne della
gratitudine d'un popolo risorto verso
il suo generoso alleato.

accept or reject the Treaty. In sub-
mitting it to you I shall limit my re-
marks to this one, that if a cession of
territory is always painful, this one is
less so than usual, being not the result
of humiliating defeat, but the conse-
quence of a glorious war; not a con-
cession to a victorious enemy, but a
solemn testimonial of gratitude to a
generous ally.

Extract from Discussion Regarding the Votes of Savoy and Nice. Italian
Chamber of Deputies. May 25, 1860 *

GUERRAZZI. . . . L'obbligo assunto
in virtú della profferta o del facile
consenso alla cessione di Savoia e
Nizza, dopo tutto questo impose la
necessità di destreggiarsi in guisa che
il voto non uscisse contrario al negozio
conchiuso. Sarebbe adesso tempo op-
portuno di esporre le arti onde si ot-
tenne cotesto voto; io non lo farò:
_parmi questo tale sentiero dove il de-
coro mi persuade a passare presto e in
punta di piede per tema di lordarmi il
calzare. Solo dirò come un Lubonis
fosse eletto governatore temporaneo
a Nizza durante la votazione; dirò
com’egli adoperasse ogni via abusando
del magistrato per corrompere le

°

GUERRAZZI. ... The obligation as-
sumed in virtue of the offer or of the
easy consent to the cession of Savoy
and Nice after all this, imposed the
necessity of managing so that the vote
would not result contrary to the pact
entered into. It might now be timely
to expose the arts by which that vote
was obtained; I shall not do so: this
seems to me a place where decorum
persuades me to pass quickly and on
tiptoe for fear of besmirching my
shoes. I shall but say how one Lu-
bonis was appointed temporary gov-
ernor at Nice during the voting; I
shall say how he used every means of
abusing the magistrature to corrupt

1 Atti del Parlamento Italiano, 1860, Camera dei Deputati, May 25, p. 297 et seq. The
discussion occupied the sessions of May 25, 26, and 27, and covers many pages. Only those

passages illustrating the attitude of the opposition and the defense of Cavour regarding
the nationality of Savoy and Nice and the freedom of the vote are given here. The pas-
sages containing the attack on the grounds of unconstitutionality and loss of military
strength are omitted.

y

604

menti; diró come giungesse perfino a
dare una smentita alle parole del Re;
imperciocche, mentre questi bandiva
libero il voto e confortava il popolo a
fare uso senza ritegno di questa sua
facolta, egli dichiarava, il popolo av-

rebbe fatto cosa contraria alla volontá.

del Re depositando nell'urna un voto
contro la separazione di Nizza dall'
Italia. Rincrebbe il contegno del Lu-
bonis, troppo piú dolse la temerarietá
di offendere la regia parola: contro di
lui questa aula suonò già di meritate
querele, alle quali rispondendo l’ono-
revole presidente del Consiglio dei
ministri promise gli avrebbe fatto una
lavata di capo delle solenni (Jlarità) ;
no, signori, questo ron è caso ‘di ra-
manzine.

Il Lubonis era suddito del Re allora,
e dovrebbe esserlo anche adesso: il
Lubonis era nostro magistrato allora,
e dovrebbe esserlo anco adesso; nos-
tra era, e tuttavia dovrebbe esserlo
Nizza: però le azioni del Lubonis do-
vevano estimarsi tradimento, e quindi
non garrirlo, bensi arrestarlo, accu-
sarlo, punirlo; altrimenti taluno po-
trebbe sospettare che il goffo servi-
tore col soverchio zelo mise a mal
partito il padrone, che in palese lo
rampogna, in segreto lo ricompensa
raddoppiandogli la mancia. (Jla-
rità.)

Ancora, il vescovo del voto con-
trario all Italia fece quasi caso di
coscienza. Che cosa mai non ardis-
cono i vescovi? (Si ride.) Il Min-
istero avrebbe dovuto sottoporlo a
censura; ad ogni modo, con pubblico

DOCUMENTS

opinion; I shall say how he even
went so far as to belie the words of
the King; for, while the latter an-
nounced a free vote and exhorted the
people to use this faculty without re-
straint, he declared that the people
would act contrary to the will of the
King by placing in the urn a vote
against the separation of Nice from
Italy. The attitude of Lubonis of-
fended, much more did his temerity
in acting counter to the royal word:
against him this hall has already re-
sounded with deserved complaints, an-
swering which the Honorable Presi-
dent of the Council of Ministers
promised that he would give him a
solemn dressing-down (Hilanty) ;
no, gentlemen, this is not a matter
for rebuke.

Lubonis was then a subject of the
King, and ought to be it even now.
Lubonis was then our magistrate and
should be it even now; Nice was ours
and ought to be ours now; but the ac-
tions of Lubonis should have been con-
sidered treason and hence he ought not
to have been rebuked but arrested, in-
dicted, punished ; otherwise one might
suspect that the foolish servant with
excessive zeal betrayed the master
who openly scolds him, secretly re-
wards him by doubling the tip.
(Hilarity.)

The bishop, also, almost made a
case of conscience of the vote against
Italy. What do Archbishops not
dare! (Laughter.) It was the duty
of the Ministry to censure him; at all
events to disavow his words by public

SAVOY AND NICE, 1860

bando e pei diarii ufficiali smentire le
sue parole; smentire quelle del Lu-
bonis, assicurare le menti incerte, con-
fermare la fede dei popoli esitanti,
mantenere l’autorità alle parole regie.
Tutto questo fece almeno il Minis-
tero? No, o signori, non fece nulla,
non poteva più farlo, e oggi egli viene
a cantare di necessità.

E tanto hasterebbe sul voto di
Nizza, perchè, domando io, con popoli
religiosissimi e fedelissimi può egli
adoperarsi violenza maggiore della
tema di offendere Dio e di offendere
il Re? Ma poichè volle fortuna che
nella trama delle vicende umane
qualche filo di burlesco ci abbia ad
entrare sempre, ecco che nella vota-
zione di Nizza venne ad incastrarvisi
anco il miracolo: quello della molti-
plicazione dei voti. (Ilarità.) E
valga il vero: a Lavenzo gl'iscritti a
votare sommarono a 407, i voti furono
481: dunque 74 voti più dei votanti.
Certo l’antica moltiplicazione dei pani
e dei pesci fu più copiosa assai: Tut-
tavolta anco questa ritiene del mira-
colo. (Ilarità prolongata.)

Ma che importa insistere su lo stra-
zio della legalità menato in cotesta
votazione, se lo stesso Ministero per
l'organo dell'egregio ministro dell
istruzione pubblica lo confessava ? . . .

TORNATA DEL 26 MAGGIO 1860

RATTAZZI. (Movimento generale
di attenzione.) Sorgendo per far
censura del trattato sottoposto alle
nostre deliberazioni, non posso nè

605

proclamation and through the official
journals; to disavow those of Lu-
bonis, reassure the uncertain ones,
strengthen the faith of the hesitating,
maintain the authority of the royal
words. Did the Ministry do this at
the least? No, Gentlemen, it did
nothing, could no longer do anything,
and to-day it comes and chants about
necessity.

And that would be enough about
the vote of Nice, for, I ask, can
one with very religious and very faith-
ful peoples use greater violence than
the fear of offending God and the
King? But, as fortune wills that in
the woof of human vicissitude there
should always enter some thread of
the burlesque, behold in the voting of
Nice appeared also the miracle: that
of the multiplication of the votes.
(Hilarity.) The truth is that at La-
venzo the registrations amounted to
407, the votes were 481 ; consequently
74 more votes than voters. Surely
the old multiplication of the loaves
and fishes was far more copious: yet
even this partakes of the nature of a
miracle. (Prolonged hilarity.)

But why insist on the illegality used
in the conduct of this vote, if the very
Ministry through the Honorable Min-
ister of Public Instruction confesses
it?..

SESSION OF MAY 26, 1860

RATTAZZI: (General movement of
attention.) Rising to censure the
treaty submitted to our deliberation,
I neither can nor will dissemble how

606

voglio dissimulare come sia dolente di
dovere su questo argomento disap-
provare la condotta del Ministero.
. . . Io non posso approvare il trat-
tato, mosso particolarmente dalla con-
siderazione che il Ministero nell’accet-
tarlo ha abbandonato quella politica
che si era seguita fin qui, che aveva
reso il Piemonte forte e potente; il
principio della nazionalità italiana egli
lo ha abbandonato per appoggiarsi
sopra un altro interesse, voglio dire
sul desiderio esclusivo dell'ingrandi-
mento del regno. (Movimento.)

. . . Per me, o signori, la ques-
tione sulla nazionalità di Nizza è ri-
solta dal voto * e dal fatto costante di
quelle popolazioni pel corso di più
secoli.

Quando i popoli sono liberi di darsi
a chi meglio loro piaccia, essi, per
naturale istinto, si portano necessaria-
mente verso quella parte con cui hanno
comune il principio della nazionalità.
Ora sta di fatto che, or son cinque
secoli, le popolazioni nizzarde, lasciate
libere del loro voto, si diedero a questa
parte d’Italia.

Io voglio supporre che realmente
fossero sinceri e liberi i voti, che non
si sia usata violenza a quelle popola-
zioni. Crede egli ad ogni modo il
signor ministro che realmente fosse
desiderio di quelle provincie di unirsi
alla Francia?

PRESIDENTE DEL ConsigLIo.? Si.

10f 1388.
2 Cavour.

DOCUMENTS

painful is the duty of disapproving
the conduct of the Ministry on this
point... . I can not approve the
treaty, particularly as the Ministry, in
accepting it, has abandoned that pol-
icy followed hitherto which had made
Piedmont strong and powerful: it has
abandoned that principle of Italian
nationality to lean upon another in-
terest, I mean the exclusive desire
of increasing the Kingdom. (Move-
ment.)

. . . For me, Gentlemen, the ques-
tion of the nationality of Nice is
solved by the vote and the fact estab-
lished by those populations through
the course of several centuries.

When the peoples are free to give
themselves to whom they choose, they,
by natural instinct, are carried neces-
sarily to that section with which they
have the principle of nationality in
common. Now it is a fact that, five
centuries ago, the people of Nice, be-
ing free to vote, gave themselves to
that part ot Italy.

I wish to suppose that the votes
were truly sincere and free, that no
violence was used on these popula-
tions. Does the Minister really be-
lieve that there was actually a desire
of these provinces to unite with
France?

PRESIDENT OF THE COUNCIL. Yes.

SAVOY AND NICE, 1860

RATTAZZI. Il signor presidente del
Consiglio mi risponde di si, ed io sog-
giungo che egli è in errore grandis-
simo.

Egli è in errore, poichè quando a
popolazioni, le quali erano tranquille,
che mostravano in ogni loro atto. la
più grande abnegazione, che diedero
costanti prove di fedeltà al Principe,
che mostravano un caldissimo affetto
verso le altri parti dello Stato a dell’
Italia, quando, dico, a queste popola-
zioni, dopo i sacrifizi che fecero, dopo
tanti anni di fratellanza e di unione,
dite loro: noi siamo disposti a res-
pingervi dal nostro consorzio, dal nos-
tro seno per unirci ad altre parti
d’Italia; credete voi che queste popo-
lazioni, anche quando non avessero
intenzione di separarsi, tuttavia indis-
pettite non si darebbero ad un altro
paese ?

Questo, o signori, è il fatto av-
venuto in Savoia e Nizza.

Il proclama dei governatori di Nizza
e di Savoia è una solenne testimoni-
anza di quello che affermo, poiché le
parole che furono pronunciate da
questi due funzionari pubblici suona-
vano ancora più dure ed amare al
cuore de’ Savoiardi e de’Nizzardi. Se
dunque, poste a queste strette, abban-
donate da noi, si diedero ad altro
paese, credete voi che sia questa una
prova sicura che tal fosse l’intendi-
mento del loro cuore? Non lo credo.

PRESIDENTE DEL CONSIGLIO. . .
Ora, signori, io ve lo dico con pro-
fonda convinzione, a mantenere le
masse francesi favorevoli all'Italia era

607

RATTAZZI: The President of the
Council answers “ yes,” and I add that
he is in great error.

He is in error because when a peo-
ple who were tranquil, who showed
in all their acts the greatest abnega-
tion, who gave constant proof of
fidelity to the Prince, who showed the
warmest affection towards the other
parts of the State and of Italy, when,
I say, such a people, after the sacri-
fices made, after so many years of
fraternity and of union say: “ We are
disposed to withdraw from our asso-
ciation, from our idea of union with
the other parts of Italy ”; do you be-
lieve that these people, when they had
no thought of separating, would not
be averse if they were to be joined
to another country?

This, Gentlemen, is what has hap-
pened in Savoy and Nice.

The proclamation of the Governors
of Nice and of Savoy is a solemn
proof of what I affirm, because the
words which were pronounced by
these two public officials ring still
more hard and bitter to the hearts of
the people of Savoy and Nice. If,
then, after this pressure, abandoned
by us, they have given themselves to
another country, do you believe that
this is a dependable proof that such
was the judgment of their hearts? I
do not believe it.

PRESIDENT OF THE COUNCIL: . . .
Now, Gentlemen, I tell you with pro-
found conviction, the cession of Sa-
voy and Nice was necessary to keep

608

necessaria la cessione della Savoia e
di Nizza. A torto od a ragione, io
non lo voglio discutere, le masse fran-
cesi credevano e credono che le pro-
vincie ora accennate appartengano le-
gittimamente alla Francia. Sarà un
errore, se lo volete, ma che quest’
opinione esista nelle masse francesi è
un fatto che niuna persona, la quale
conosca a fondo la Francia, potrà in
buona fede negare.

Gli onorevoli preopinanti, e spe-
cialmente l'onorevole deputato Rat-
tazzi, hanno parlato della Savoia e
di Nizza come se mai fosse stata messa
avanti l’idea di riunire queste due pro-
vincie alla Francia: come se mai non
vi fossero state in Savoia ed in Nizza
aspirazioni francesi; come se in quelle
due provincie non vi fosse mai stato
un partito francese.

Veramente io non posso capire come
seriamente si venga a sostenere che in
Savoia non vi fosse un partito che
desiderava la riunione alla Francia.
Ma, o signori, noi abbiamo avuto nel
nostro seno per molti anni un gran
numero di deputati della Savoia, i
quali, a malgrado del prestato giura-
mento, mal celavano il loro desiderio
di vedere la loro patria riunita alla
Francia. A me pare che in più circo-
stanze essi ve lo abbiano schiettamente
palesato. Ciò può farvi stupore; ma,
o signori, se badate alle relazioni com-
merciali, se badate alla comunanza
della lingua e alla facilità delle com-
municazioni, non potete disconoscere
che vi erano delle forze prepotenti che
spingevano la Savoia verso la Francia.

DOCUMENTS

the French masses favorable to Italy.
Rightly or wrongly, I will not discuss
this point, the French masses believed
and believe that the provinces referred
to legitimately belong to France. It
may be an error, if you will, but no
one who knows France well can in
good faith deny that this opinion pre-
vails among the French masses.

The honorable speakers, particu-
larly the honorable Deputy Rattazzi,
have spoken of Savoy and Nice as
though it had never been proposed to
unite these two provinces with
France; as though there had never
been French aspirations in Savoy and
in Nice; as though in those two prov-
inces there had never been a French
party.

Really I can not understand how
one can seriously say there is not a
party in Savoy which desires union
with France. Why, Gentlemen, we
have had with us for many years,
many deputies from Savoy who, de-
spite their oath, ill hid their desire
of seeing their country united with
France. I think that they have
clearly manifested that to you at sev-
eral times. This may amaze you:
but, Gentlemen, if you think of the
commercial relations, the community
of speech and the facility of communi-
cation you must acknowledge that
there were very strong forces driving
Savoy toward France.

SAVOY AND NICE 1860

La Savoia intellettualmente vive
della letteratura francese; avreste
dura fatica a trovare in Chambéry od
in Annecy un giornale italiano; voi
non trovate dai librai altro che libri
francesi; e se vi fosse accaduto, come
accadde a me qualche volta, di assist-
ere alle partenze dei convogli delle
strade di ferro dalla stazione di Cham-
béry, voi avreste visto che in quelli
diretti verso la Francia partiva im-
menso numero di viaggiatori, laddove
in quelli verso l’Italia ve n'era solo uno
scarso numero, fatto scarissimo
quando si giungeva a S. Giovanni di
Moriana.

Rattazzi. Non ho parlato della
Savoia, ma di Nizza.

PRESIDENTE DEL CONSIGLIO.
poi anche a parlare di Nizza.

Ora, se il partito francese che esis-
teva in Savoia si mantenne pel passato
nei limiti di un'opposizione più o meno
legale, che però si spingeva spesso ai
limiti estremi della legalità, questo
partito, fatto più ardito dalle domande
del Governo francese, eccitato dalla
voce potente della stampa francese, si
sarebbe in ora più vivamente e più
energicamente spiegato e radicato; e
credete voi che sarebbe stato facil-
mente governabile? . . .

Verrò

L'onorevole deputato Rattazzi m'in-
terrompeva dicendo : lasciamo stare la
Savoia, passiamo a Nizza. Io credo
che l’onorevole preopinante abbia
quasi sempre confuso o almeno ri-
unite nel suo discorso Nizza e Savoia,
e non fece distinzione se non sulla

609

Savoy, intellectually, lives upon
French literature; you would hardly
find in Chambéry or in Annecy an
Italian paper, you find no other books
than French at the book sellers; and
if it had happened to you as it did to
me sometimes to be present at the de-
parture of the trains from Chambéry
station, you would have seen that in
those going toward France there were
a great number of travellers while in
those toward Italy there were only a
small number, which became very
small when arriving at San Giovanni
di Moriana.

Rattazzi: I have not spoken of
Savoy but of Nice.

PRESIDENT OF THE COUNCIL: I
shall speak of Nice also.

Now if the French party remained
in the past within the limits of a more
or less legal opposition which, how-
ever, often touched the extreme lim-
its of legality, this party, emboldened
by the demand of the French govern-
ment, excited by the powerful voice
of the French press, would have
grown more lively and more energetic,
and do you believe that it would have
been easily governable? . . .

The honorable Deputy Rattazzi in-
terrupted me by saying let us leave
Savoy and pass to Nice. I believe
that the honorable speaker has almost
always confused or at least joined in
his speech Nice and Savoy and distin-
guished only on the point of national-

610

questione di nazionalità. Nessuno
avendo contestato la nazionalità della
Savoia, non ne ho fatto cenno.

Ora vengo alla questione di Nizza.
L'onorevole deputato Rattazzi ha
detto che Nizza era incontestabilmente
una provincia italiana, e per dimos-
trarlo, lasciando da parte gli argo-
menti etnografici e quelli geografici,
ne mise in campo un solo, e disse che
credeva che Nizza fosse italiana,
perchè in una data circostanza Nizza,
libera di se, si era data all’Italia.

Ma che cosa fecero i Nicesi?
Dichiararono essi di voler diventare
Italiani? Dichiararono almeno di vo-
lersi riunire sotto la corona di un prin-
cipe italiano? Ma no, signori, chè in
allora, è forza il dirlo, la Casa di Sa-
voia non era ancora fatta italiana. ...

Ma, si dice: Nizza è italiana, ed a
prova di ciò si adduce un argomento
di cui non disconosco il valore. Si
dice: Nizza ha dato molti cittadini
illustri, devoti, eroicamente devoti alla
causa d'Italia.

Questo io non contesto, anzi alta-
mente lo riconosco, lo riconosco spe-
cialmente a gloria di questi individui,
i quali pare che abbiano voluto far
persuaso il rimanente d’Italia della
nazionalità della loro patria, compen-
sando collo zelo, colla devozione, coll’
eroismo al difetto d’italianità. Nizza
ha prodotto molti Italiani, ma Nizza
non è italiana... .

Ma, o signori, qual è l’indizio più
forte della nazionalità di una popola-
zione? Egli e la lingua. Or bene, la
lingua che si parla a Nizza non ha che

DOCUMENTS

ity. No one having disputed the na-
tionality of Savoy, I have not alluded
to it.

I turn to the question of Nice.
The honorable Deputy Rattazzi has
said that Nice was incontestably an
Italian province, and to demonstrate
it, leaving aside the ethnographic and
geographic arguments, put forth one
only and says that he believes Nice
was Italian because in a given circum-
stance Nice of her own accord gave
herself to Italy.

But what did the people of Nice do?
Did they say that they wished to be-
come Italian? Did they even say that
they wished to unite under the crown
of an Italian prince? No, Gentle-
men, . . . the House of Savoy was
not yet become Italian. . . .

But they say that Nice is Italian
and by way of proof whose value I
admit, they say that Nice has given
many famous, heroically devoted citi-
zens to Italy's cause.

This I do not dispute, rather I
loudly recognize it, I recognize it es-
pecially in honor of those individuals,
who, it seems, have wanted to per-
suade the rest of Italy of the nation-
ality of their country, compensating
with zeal, devotion and heroism, for
the lack of being Italian. Nice has
produced many Italians, but Nice is
not Italian... .-

But, Gentlemen, what is the strong-
est indication of the nationality of a
people? The language. Now, the
language spoken at Nice has only a

SAVOY AND NICE, 1860

lontanissima analogia colla lingua
italiana, ed e identica a quella che si
parla a Marsiglia, a Tolone, a
Grasse’...

Ma mi si dice: il voto non é stato
libero, non solo non ha nessuna au-
torita, ma ha una autorita contraria,
prova il contrario di ció che esprime.

Mi pare l’argomento un po'strano.
Ma poichè parlo di voto, debbo spie-
garvi, o signori, come dopo avere sta-
bilito che il suffragio dovesse esser
regolato dalla Camera, il Governo ab-
bia consentito poi che esso precedesse
la deliberazione del Parlamento.

Quando si discusse il trattato, il
Governo propose il voto universale.
Questa idea non venne immediata-
mente accolta dal Governo francese,
ed in allora si venne a quella proposta
di farlo regolare dal Parlamento. Ma
quando il Governo francese si decise
risolutamente ad accettare il voto uni-
versale, ed accettarlo sulle basi e die-
tro le norme state applicate nell’Italia
centrale, in verità noi abbiamo creduto
che non si potesse respingere una pro-
posta ragionevole.

Ma, mi si dice: a Nizza il voto fu
carpito, vi fu coazione morale, vi fu
un proclama del governatore, vi fu-
rono agenti spediti in tutti i comuni.

Io ho già manifestata la mia opin-
ione sul proclama del governatore;

611

distant similarity to Italian and is
identical to that spoken at Marseilles,
Toulon and Grasse. . . .

But they tell me that the vote has
not been free. Not only has it no
authority, but, a contrary authority,
it proves the contrary of what it ex-
presses.

The argument seems a little strange
to me. But since I am speaking of
the vote I must explain, gentlemen,
how, after having established that the
voting must be regulated by the Cham-
ber, the government then consented
that it precede the deliberation of Par-
liament.

When the treaty was discussed, the
government proposed a universal vote.
The idea was not immediately ac-
cepted by the French government and
then that proposal was reached of hav-
ing it regulated by Parliament. But
when the French government decided
to accept the universal vote, and ac-
cept it on the basis and in the form
applied in Central Italy, we truly be-
lieved that a reasonable proposal
could not be rejected. |

But they tell me that in Nice the
vote was stolen, there was moral co-
ercion, there was a proclamation of
the governor, agents were sent to all
the communes.

I have already stated my opinion
on the proclamation of the governor;

1 Cavour wrote to General Alessandro de Saint-Pierre, director general in the Ministry
of War, some months later “Comme Nicois vous avez le droit de me garder rancune pour
ma péroraison en faveur du traité que j’avais signé, mais à présent je puis vous dire que j'ai

parlé contre ma conviction par necessité.”

Chiala, Lettere, IV, p. CCXXII.

612

ma quello che non vi ho detto, e che
ora credo di poter dire, è che lo zelo
poco abile di certi agenti, i quali cre-
dettero di fare la loro corte alla Fran-
cia, lungi dal rendere più facile l’uni-
one, la rese più difficile. Io credo che
l'unione alla Francia avrebbe in Nizza
incontrate molto minori difficolta, av-
rebbe suscitato molto minori opposi-
zioni, senza il troppo zelo degli agenti
francesi.

Ma io posso assicurarvi che le oper-
azioni procedettero con regolarità.
In tutti i comuni lo squittinio fu pre-
sieduto dal sindaco e da quattro primi
consiglieri o aggiunti comunali. Ora
i sindaci erano stati nominati molto
prima del trattato del 24 marzo, e gli
aggiunti erano stati eletti dal libero
suffragio dei loro concittadini. Del
resto, se avessi bisogno di una testi-
monianza del come le cose sono pas-
sate, potrei invocare quella dell’onore-
vole deputato Niel, che è stato pre-
sente alle operazioni del voto. . .

MELLANA. Ed ai pranzi. (Si
ride.)
PRESIDENTE DEL CONSIGLIO. Che

gli agenti francesi abbiano cercato di
porre in luce i vantaggi dell’unione
alla Francia, io non lo nego; che aves-
sero molti argomenti a far valere, pur
troppo è vero. Essi potevano dire ai
parroci: ponete mente che voi in
queste povere contrade non ricevete
dal Governo e dall'economato se non
cinque o seicento franchi; se passate
sotto la Francia, il vostro stipendio
sarà elevato a mille, mille e duecento
e mille cinquecento lire; e pur troppo

DOCUMENTS

but what I have not told you and what
I now believe I can say, is that the
awkward zeal of certain agents, who
thought they were pleasing France,
far from making the union easier,
made it more difficult. I believe that
the union with France would have met
with much less difficulty, would have
aroused much less opposition, without
the excessive zeal of the French
agents.

But I can assure you that the opera-
tions proceeded regularly, in all the
communes the voting was presided
over by the syndic and four first coun-
cillors or communal adjuncts. Now
the syndics had been appointed long
before the treaty of March 24, and
the adjuncts had been elected by the
free vote of their fellow citizens.
Moreover, if I needed testimony of
how the matter has passed, I could in-
voke that of the honorable deputy
who was present at the voting. . . .

MELLANA. And at the dinners.
(Laughter. )

PRESIDENT OF THE COUNCIL: I
do not deny that the French agents
have tried to set forth the advantages
of union with France; that they had
many arguments to use is only too
true. They could say to the priests:
“ Remember that in these poor dis-
tricts you receive from the Govern-
ment and the treasury only 500 or
600 francs; if you become French,
your stipend will be raised to 1000,
1200 and 1500 lire;” and this argu-
ment was only too strong without the

SAVOY AND NICE, 1860

questo argomento aveva molto valore
senza che fosse necessaria la circolare
del vescovo per darci forza.

Agli istitutori primari nelle men-
tagne dicevano: non ricevete che 200,
250 o 300 franchi; la legge in Francia
stabilisce che il minimo dello stipendo
degli istitutori primari si è di lire 600;
ed ecco una seconda categoria degli
apostoli ferventi della riunione alla
Francia.

Lo stesso argomento facevano va-
lere presso le institutrici femminili.

Finalmente voi non ignorate che
una gran parte di operai, una gran
parte della classe povera della contea
di Nizza emigra tutti gli anni per
andar a cercar lavoro nelle città della
Provenza. A questi dicevano: d'ora
in avanti non avrete più bisogno della
formalità del passaporto, voi farete
l'economia di quelle lire che dovete
pagare al fisco, non avrete più l'in-
comodo di recarvi dal intendente o dal
governatore per farvelo rilasciare ; pur
troppo questi argomenti avevano
molto valore; certamente li avranno di
molto esagerati, avranno a benefizi
reali aggiunti benefizi immaginari;
ma, o signori, potete voi citarmi delle
elezioni popolari generali, dove i par-
titi non facciano uso di esagerazioni,
dove non pongano in campo promesse
che sanno di non poter sempre man-
tenere, che non muovano contro i loro
avversari delle accuse sicuramente esa-
gerate? E se vi facessi la storia delle
elezioni americane vi potrei accennare
dei mezzi di coazione ben altrimenti
potenti di quelli adoperati a Nizza,

613

need of the circular of the archbishop
to reinforce it.

To the primary teachers in the
mountains they said: ‘ You receive
but 200, 250 or 300 francs; the law
in France says that the minimum pay
of the primary teachers is 600 lire”;
and there you have a second class of
fervent apostles for union with
France.

They used the same argument with
the female teachers.

Finally, you know that many labor-
ers, many of the poor class of the
county of Nice emigrates every year
to seek work in the towns of Provence.
To these they said: “ Henceforth
you will no more need the formality
of a passport, you will save the lire
that you must pay to the State, you
will no longer be inconvenienced about
going to the intendant or governor to
get one”; these arguments had only
too great a force; certainly they will
have exaggerated them considerably,
they must have added imaginary bene-
fits to real ones; but, Gentlemen, can
you cite any general popular elections,
where the parties do not use exag-
gerations, where they do not hold out
promises that they know they can not
always keep, where they do not bring
against their opponents charges that
are surely exaggerated? And if I
told you the story of the American
elections, I could tell you means of
coercion much more powerful than
those used at Nice, for the parties at
times use not only the intellectual ar-

614

poichè i partiti talvolta non solo ado-
perano gli argomenti intellettuali, ma
hanno ricorso agli argomenti dedotti
dalla forza materiale. (Risa.)

E nelle elezioni inglesi i partiti non
si lanciano a vicenda le più gravi ac-
cuse? E presso noi questi fatti non
si riproducono ?

Tutti i popoli liberi sono sottoposti
a queste anomalie, a queste esagera-
zioni, a questi inconvenienti.

Io voglio ammettere che a Nizza se
ne sia fatto un uso più largo che non
d’ordinario ; ma volete voi credere che
questi mezzi un po'eccessivi avessero
avuto tanta autorità da produrre la
quasi unanimità in favore della ri-
unione alla Francia, se il sentimento
delle popolazioni, se i suoi interessi

non le avessero portate verso la Fran-

cia? ...

E finalmente, se vi fu coazione per
parte degli agenti francesi a Nizza
sulle popolazioni, non vi fu certo coa-
zione sui nostri soldati i quali si tro-
vavano divisi in tutti i corpi dell’eser-
cito; poichè voi ben sapete che non
esiste brigata speciale nicese. Eb-
bene fra i soldati nicesi la votazione
ebbe luogo con tutta libertà; che anzi,
se vi fu pressione, essa fu piuttosto
nel senso contrario, essendo italiana
la magioranza dei loro colleghi: ep-
pure l’unanimatà si produsse nei loro
voti. Però io non voglio dar a ciò
troppa importanza; so che presso i
soldati si è anche fatto valere l’argo-
mento che in Francia la ferma è solo
di sette anni, mentre da noi è di un-

DOCUMENTS

guments, but resort to those deduced
from material force. (Laughter.)

And in the English elections, do not
the parties hurl against each other the
most serious charges? And have
these facts not been reproduced with
us?

All free peoples are subjected to
these anomalies, to these exaggera-
tions, to these inconveniences.

I will admit that at Nice a wider
use than usual was made, but will you
believe that these somewhat excessive
means would have had an effect of
producing a quasi unanimity in favor
of union with France, if the senti-
ments of the people, if their in-
terest had not carried them toward
France? . ..

And, finally, if there was coercion
of the people on the part of the
French agents at Nice, there certainly
was no coercion of our soldiers, who
were scattered in all the army corps;
for you know well that there is no
special Nice brigade. Well, among
the soldiers from Nice the vote took
place with entire freedom; even if
there was pressure, it was rather in
the contrary sense, the majority of
their comrades being Italian: yet the
vote was unanimous. But I do not
wish to give too much weight to that;
I know that with the soldiers one has
also used the argument that in France
the enlistment is only for seven years,
with us eleven, and that this argu-

SAVOY AND NICE, 1860

dici, e che quest'argomento ha potuto
avere molta influenza sull'animo loro;
ma tuttavia, se fossero stati soldati
italiani, avrebbero preferito rimanere
11 anni sotto le armi che vedere la loro
ferma finire dopo 7 anni a costo della
propria nazionalita.

Con questo, o signori, io penso di
aver adempiuto alla parte più impor-
tante del mio assunto, di avervi dimos-
trato che, se il trattato ci impone do-
. lorosissimi sacrifizi, se ci priva di due
nobilissime provincie che furono e po-
tevano ancora esserci larghe di aiuti
in armi e denari, noi non abbiamo
certo violato il principio di nazionalità,
quel principio sul quale riposa, lo dico
altamente, la nostra politica. Se io
avessi creduto che colla cessione di
Nizza quel sacrosanto principio fosse
stato leso, io, lo dichiaro altamente,
avrei diviso tutte le opinioni che in-
torno ad essa l'onorevole Rattazzi ha
manifestate.

615

ment may have had a strong influence
upon them; but, if they had been Ital-
ian soldiers they would have preferred
remaining eleven years with the col-
ors to seeing their enlistment end after
seven years, at the expense of their
own nationality.

With this, gentlemen, I think that
I have fulfilled the most important
part of my task, that of showing that
if the treaty imposes very painful
sacrifices, deprives us of two most
noble provinces, which have aided and
may still aid us considerably in arms
and money, we have certainly not vio-
lated the principle of nationality, that
principle on which, I say it emphat-
ically, our policy is based. If I had
thought that this transfer of Nice
were a violation of such a sacro-
sanct principle I would openly declare
I should have agreed to all the opin-
ions expressed in regard thereto by
the honorable Rattazzi.

Statement of the Position of Great Britain Regarding the Vote *
Lord J. Russell to Earl Cowley

Foreign Office, May 15, 1860.
My Lorp,

After the communications which have passed with various Courts of Eu-
rope, on the subject of the neutralized districts of Savoy, Her Majesty's Gov-
ernment think the time is come to define and fix the position they mean to
assume on this question.

The Treaty of Vienna, and the Act of Guarantee of Switzerland of the
20th of November, 1815, provide that, in case of war between neighboring
Powers, certain parts of Savoy, namely, the districts of Chablais, Faucigny,
and part of the Genevois, shall be comprised within the neutrality of Switzer-

1 British Parliamentary Papers, 1860, Vol. 67, Affairs of Italy [2702], p. 248.

616 DOCUMENTS

land, and that no troops other than those of the Confederation shall occupy
that territory so long as the war shall last.

Her Majesty's Government consider that this provision was made no less
in the interest of Switzerland and of Europe, than in that of Sardinia.

The documents in their possession, the records of Geneva, and the corre-
spondence of M. Pictet de Rochemont lately published, appear to them amply
to bear out this position.

It appears to them that if France and Sardinia were desirous of making a
Treaty by which the sovereignty of Savoy should be transferred to France,
it was the duty of Sardinia to confer with the Powers who signed the Treaty
of Vienna before completing the cession of territory of which she was not
merely the Sovereign, but of which she held the deposit for purposes of Swiss
independence and European security.

It appeared to Her Majesty's Government that if this was not done by
Sardinia, it ought to have been done by France before French troops should
occupy Savoy. But if neither of these were done, it seemed clear to Her
Majesty’s Government that the defect could only be cured by the offer, on the
part of France, of such ample guarantees as should be an efficient substitute
for the security which the provisions of Article XCII of the Treaty of Vienna
gave to Switzerland, in consequence of Savoy forming part of the dominions
of the King of Sardinia.

Her Majesty’s Government are of opinion that an undertaking by France
to fulfil in time of war the obligations of Sardinia in respect to the neutralized
parts of Savoy, forms no such efficient substitute.

Her Majesty’s Government are likewise of opinion that the arrangements
hitherto suggested by the Government of France form no such efficient sub-
stitute.

Her Majesty’s Government do not see any other efficient substitute which
could be found, but one, which giving a military frontier to Switzerland, should
comprise the southern shore of the Lake of Geneva, and the Alpine passes to
the Valais.

To such a cession the French Government have declared they will not con-
sent.

The argument upon which this refusal is founded is the vote of the people
of Faucigny, Chablais, and the Genevois. But the mode in which this vote
was taken deprives it, in the eyes of Her Majesty’s Government, of all author-
ity. Had the population been asked whether they would remain under the
House of Savoy, or prefer to become subjects of the Emperor of the French,
the answer might have been doubtful. . But when the King of Sardinia had
already absolved them from their allegiance, discarded them as his subjects,
and ceded them by Treaty, the only question which remained was between

SAVOY AND NICE, 1860 617

France and anarchy. No alternative was offered, and no real choice could
take place.

Her Majesty's Government omit all argument as to the propriety of a vote
by universal suffrage for the purpose of confirming a Treaty. It is the first
instance of such a proceeding, and the circumstances have not been such as to
encourage a repetition of it.

The question remains, what is to be done?

Her Majesty’s Government are not of opinion that Switzerland, even if she
had the means, would have the right to resist the occupation of the neutral-
ized parts of Savoy by the French civil and military authorities.

But Her Majesty's Government must decline to take any step which may
confer any additional validity on the Treaty of Turin of the 24th of March.
In their opinion, that Treaty weakens Switzerland, and diminishes one of the
securities of Europe for the maintenance of Swiss neutrality.

If a Conference of the European Powers is summoned, your Excellency will
attend it on the part of Great Britain. But in the Conference your Excellency
will hold no other language than that which is contained in this and my former
despatches.

If the Conference should not be envoked, Her Majesty's Government will
instruct you further; and in that case you will inform me of the reasons for
which the Government of France declines to summon a meeting of the Great
Powers, which the Federal Council of Switzerland has so constantly de-
manded.

You will, of course, fully understand that nothing is changed in that part
of the Treaty of Vienna which binds the Powers who were Parties to it to
maintain the neutrality of Switzerland.

| I am, &c.,
(Signed) J. Russet.

Report Made to the Emperor by the Minister for Foreign Affairs, Regarding
the Treaty of Turin. June 11, 1860!

SIRE, SIRE,

J'ai l'honneur de soumettre à V. M. I have the honor to submit to
le décret de promulgation du Traité Your Majesty the decree promulgat-
signé à Turin le 24 mars dernier, et ing the treaty signed at Turin on the
en vertu duquel S. M. le Roi Victor- 24th of March last, in virtue of which
Emmanuel, en transférant à ’Em- His Majesty King Victor Emanuel,

1 De Clercq, Recueil, vol. 8, p. 32.

618

pereur tous ses droits et titres sur la
Savoie et l’arrondissement de Nice,
a consenti à la réunion de ces deux
pays au territoire de la France.

Le parlement sarde vient de sanc-
tionner par un vote solennel la ces-
sion opérée d'abord par le Souverain,
et ratifiée ensuite par le vœu des po-
pulations destinées a devenir fran-
caises. Jamais la légitimité d'une
transaction internationale ne fut plus
solidement établie.

L’accomplissement régulier et suc-
cessif de cet ensemble de conditions,
rapproché de l'exposé préalablement
soumis aux cours signataires de Pacte
genéral de Vienne pour leur faire ap-
précier les motifs qui ont déterminé
M. le Roi de Sardaigne, fait ressortir
la demande adressée par V. M. à S.
le caractère entieremement exception-
nel de la nouvelle acquisition de la
France.

Ce n'est pas une pensée d’ambition
qui a dirigé la politique imperiale;
c'est un sentiment de prévoyance. V.
M. n'a pas poursuivi une conquête:
elle a cherché une garantie. Ce n'est
pas à la force qu'elle a eu recours pour
se Passurer, c'est de l’amitié et de la
reconnaissance d'un souverain qu'elle
l'a obtenue; et la valeur de cette ga-
rantie est doublée par l’élan spontané
et unanime des populations qui en
seront désormais les gardiennes.

V. M. et la France, Sire, peuvent
être fières d'un succès, qui ajoute à

DOCUMENTS

in transferring to the Emperor all his
rights and titles to Savoy and the dis-
trict of Nice, has consented to the
union of these two countries to the
territory of France.

The Sardinian parliament has just
sanctioned by a solemn vote the ces-
sion previously made by the sov-
ereign, and afterwards ratified by the
vote of the populations destined to
become French. Never has the legit-
imacy of an international transaction
been more solidly established.

The regular and successive accom-
plishment of this combination of con-
ditions, added to the statement pre-
viously submitted to the courts sig-
natory to the general act of Vienna,
for the purpose of making clear to
them the motives which determined
the demand addressed by Your Maj-
esty to His Majesty the King of Sar-
dinia, shows the entirely exceptional
character of the new acquisition of
France.

It is no thought of ambition which
has directed the imperial policy, it is a
sense of foresight. Your Majesty
has not pursued a conquest: you have
sought a guarantee. You, have not
had recourse to force in order to as-
sure yourself of it, but you have ob-
tained it from the friendship and
gratitude of a sovereign; and the
value of this guarantee is doubled by
the spontaneous and unanimous en-
thusiasm of the populations who will
henceforth be its guardians.

Your Majesty and France, Sire,
may be proud of a success which adds

SAVOY AND NICE, 1860

leur prestige moral sans qu'il en ré-
sulte pour aucune puissance la lésion
d'un intéret légitime ou un sacrifice
d'amour-propre. En effet, par l'ar-
ticle 2 du Traité de Turin, les condi-
tions spéciales dont l’Europe, à la de-
mande de la Sardaigne, a entouré la
possession d'une partie de la Savoie
sont maintenues, et notre loyauté nous
impose le devoir de les respecter à
l'égal de la neutralité de la Suisse, en
attendant qu'une prochaine entente
avec les cours signataires de l’acte
général de Vienne et avec la Confé-
dération helvétique elle-même ait ar-
rêté le réglement définitif de cette
question.

Que V. M. veuille donc revétir de
sa signature le décret ci-joint, qui
forme une belle page de l’histoire d’un
règne déjà si fécond en prospérités.

Je suis avec respect, etc. |
THOUVENEL.
Paris, le 11 juin 1860.

Senatus-Consulte Uniting Savoy and the District of Nice to France.

619

to their moral prestige without the
injury of legitimate interest or the
sacrifice of pride for any power, as
a result. In fact, by article 2 of the
Treaty of Turin, the special condi-
tions by which Europe, at the request
of Sardinia, surrounded the posses-
sion of a part of Savoy, are main-
tained, and our loyalty imposes on us
the duty of respecting them equally
with the neutrality of Switzerland,
while expecting that an approaching
agreement with the courts signatory
to the general act of Vienna and with
the Swiss Confederation itself may
have settled the definite regulation of
this question.

May Your Majesty be pleased
therefore to affix your signature to
the accompanying decree, which
forms a noble page of the history
of a reign already so fruitful in pros-
perous events.

I am with respect, etc.,
THOUVENEL.
Paris, June 11, 1860.

June

12, 1860 *

ART. 1”. La Savoie et l’arrondisse-
ment de Nice font partie intégrante de
l'Empire francais.

La Constitution et les lois frangaises
y deviendront exécutoires á partir du
1” janvier 1861.

Art. 2. La répartition des terri-

1 Martens, N. R. G., vol. 16, pt. 2, p. 542.

ARTICLE l. Savoy and the Dis-
trict of Nice form an integral part of
the French Empire.

The Constitution and the laws of
France shall become executory there
on and after January 1, 1861.

ART. 2. The division of the ter-

620

toires réunis à la France en ressorts
de cours impériales et en départe-
ments sera établie par une loi.

Art. 3. Les diverses mesures rel-
atives à l'assiette des lignes de douanes
et toutes dispositions nécessaires pour
l'introduction du régime frantais dans

ces territoires pourront étre réglées

par décrets impériaux rendus avant
le 1° janvier 1861. Ces décrets au-
ront force de loi.

Délibéré et voté en séance, au pa-
lais du Sénat, le 12 juin 1860.

Le président,
TROPLONG.

DOCUMENTS

ritory annexed to France into cir-
cuits of the Imperial Courts and into
departments shall be established by
law.

ART. 3. The diverse measures re-
lating to the rate of the customs tar-
iffs and all arrangements necessary
for the introduction of the govern-
ment of France into these territories
shall be regulated by imperial decrees
rendered before January 1, 1861.
These decrees shall have the force of
law.

Deliberated and voted in session at
the palace of the Senate on June 12,
1860.

President,
TROPLONG.

SICILY AND NAPLES, 1860

Garibaldi Assumes the Dictatorship of Sicily, May 14, 1860!

ITALIA E VITTORIO
EMMANUELE

Giuseppe Garibaldi, comandante in
capo le forze nazionali in Sicilia;

SulPinvito di notabili cittadini e
sulle deliberazioni dei comuni liberi
dell'Isola ;

Considerando che in tempo di
guerra è necessario che i poteri civili
e militari sieno concentrati in un solo
uomo,

DECRETA:

di assumere nel nome di VITTORIO

ITALY AND VICTOR
EMANUEL

I, Giuseppe Garibaldi, commander
in chief of the national forces in
Sicily;

Upon the invitation of noted citi-
zens and upon the deliberations of the
free communes of the Island,

Considering that it is necessary in
time of war that the civil and military
powers be concentrated in a single
man,

DECREE:

that, in the name of Victor EMAN-

1 Le Assemblee, vol. 15 (Sicilia vol. 4), p. 1009.

SICILY AND NAPLES, 1860

EMANUELE re d'Italia la Dittatura
in Sicilia.
Salemi, 14 maggio 1860.
Il Dittatore
G. GARIBALDI.

621

UEL, King of Italy, I hereby assume
the Dictatorship in Sicily.
Salemi, May 14, 1860.
The Dictator
G. GARIBALDI.

The Sardinian Constitution is proclaimed the Fundamental Law of Sicily.
August 3, 1860 1

ITALIA E VITTORIO
EMMANUELE

IL PRODITTATORE

In virtù dell’autoritä a lui delegata;

Udito il parere dei segretari di
Stato;

Considerando che il voto espresso
dai Siciliani nella gloriosa rivoluzione
del 4 aprile col grido unanime degl’
insorti, al quale unanime rispose quello
di tutte le popolazioni dell’Isola, con
la bandiera che levarono combattendo,
con gl'indirizzi di tutti i comuni, fu
ed è l’annessione al Regno italiano e
costituzionale dello augusto Vittorio
Emmanuele Re d’Italia;

Considerando che questo voto è
conforme al dritto nazionale superiore
ed eterno, che spinge i popoli di una
stessa Nazione a costituirsi ad unità
di Stato, e fu suggellato dal sangue
degl’insorti e dei valorosi che, guidati
dal generale Garibaldi, portarono vit-
toriosa e coprirono di nuovi allori la
tricolore bandiera nella quale è im-
pressa la Croce di Savoia;

ITALY AND VICTOR
EMANUEL

THE PRO-DICTATOR

_ By virtue of the authority delegated
to him; |

After hearing the opinion of the
Secretaries of State;

Considering that the wish ex-
pressed by the Sicilians in the
glorious revolution of April 4 with
the unanimous cry of the insurgents,
which was unanimously answered by
the cry of all the inhabitants of the
Island, with the banner which they
carried while fighting and with the
addresses of all the people, was and is
for annexation to the Italian and con-
stitutional Kingdom of the august
Victor Emanuel, King of Italy;

Considering that this wish is in con-
formity with the superior and eternal
national right, under which the
peoples of the same Nation are im-
pelled to organize themselves into a
single State, and that it was sealed
by the blood of the insurgents and the
brave men who, under the leadership
of General Garibaldi, carried to
victory and covered with fresh laurels

1 Le Assemblee, vol. 15, p. 1020. A similar decree was promulgated by Garibaldi in Naples

on September 14,

622 DOCUMENTS

Che le altre provincie italiane e
tutte le nazioni civili accolsero con
plauso il programma Italia e Vittorio
Emmanuele, e la bandiera della Rivo-
luzione Siciliana; |

Considerando che se i poteri straor-
dinari della Dittatura, intesi a con-
solidare l’ordine novello, e a conse-
guire il fine della Rivoluzione, non
consentono per ora l’attuazione im-
mediata della legge fondamentale della
Monarchia italiana, e necessario tut-
tavia affrettarne la promulgazione
perchè in essa legge s'informa tutto
l'ordinamento delle nuove leggi, delle
autorità e delle giurisdizioni, che sono,
o che debbono entrare in vigore;

DECRETA:

Art. 1. Lo Statuto costituzionale
del 4 marzo 1848 vigente nel Regno

d'Italia, è la legge fondamentale della

Sicilia.

ART. 2. Esso entrerà in vigore
nelle diverse sue parti all’epoca che
sarà designata con decreto dittatoriale.

Art. 3. Sarà pubblicato il detto
Statuto insieme al presente decreto in
ogni comune e nel Giornale Officiale di
Sicilia.

ART. 4. Tutti i segretari di Stato
sono incaricati della esecuzione del
presente decreto.

Palermo, 3 agosto 1860.

Il Prodittatore DEPRETIS.
Il segretario di Stato dell’interno
F. CRISPI.

the tricolor banner on which is dis-
played the Cross of Savoy;
Considering that the other Italian
provinces and all the civilized nations
received with applause the program
Italy and Victor Emanuel and the

. banner of the Sicilian Revolution;

And considering that, while the
extraordinary powers of the Dictator-
ship, intended to firmly establish the
new order of things and to consum-
mate the purpose of the Revolution,
do not permit, for the present, of the
immediate enforcement of the fund-
amental law of the Italian Monarchy,
it is nevertheless necessary to hasten
the promulgation thereof for the
reason that on this law is based the
whole system of the new laws,
authorities, and jurisdictions which
are or are to be in force;

DECREES:

ARTICLE l. The Constitution of
March 4, 1848, in force in the King-
dom of Italy, is the fundamental law
of Sicily.

ART. 2. It shall enter into force
in its various parts at the time to be
designated by dictatorial decree.

Art. 3. The said Constitution
shall be published, together with the
present decree, in every commune and
in the Official Gazette of Sicily.

Art. 4. All the Secretaries oî
State are charged with the enforce-
ment of the present decree. |

Palermo, August 3, 1860.
Pro-Dictator DEPRETIS,
Secretary of the Interior

F. CRISPI.

SICILY AND NAPLES, 1860

623

Cavour presents to Parliament a Bill for Anmeration by Royal Decree of
those Provinces of Central and Southern Italy in which there shall be a
Direct Popular Vote for Union. October 2, 1860 *

PARLAMENTO ITALIANO
CAMERA DEI DEPUTATI
Seduta 2 ottobre 1860. *

Presentazione del progetto di legge
per l’annessione delle provincie dell’-
Italia centrale e meridionale.

CAVOUR, presidente del Consiglio
dei mintstri. D'ordine di Sua Maestà
io debbo presentare alla Camera un
progetto di legge, stante l’importanza
del quale io la pregherei di farmi fa-
coltà di darle lettura della relazione
che lo deve accompagnare. (Vian
segni di attenzione.)

All’aprirsi della Sessione attuale 1
rappresentanti di undici milioni d'ital-
iani si adunavano intorno al Monarca
da essi unanimemente acclamato.
Ora, dopo trascorsi appena sei mesi,
altri undici milioni d'italiani hanno in-
frante le loro catene, e sonosi fatti ar-
bitri di scegliere quel Governo ch’ei
reputeranno più convenevole ai sen-
timenti ed agli interessi loro. (Sen-
sasione.) |

Il Ministero è al tutto alieno dall'
attribuire unicamente a sè stesso il
merito di sì mirabili eventi. Egli non

disconosce, ma proclama invece alta-
mente che al genio iniziatore dei

PARLIAMENT OF ITALY
CHAMBER OF DEPUTIES

Sesston of October 2, 1860.

Presentation of the Bill for the An-
nexation of the Provinces of Central
and Southern Italy.

CAVOUR, president of the council of
Ministers. By order of His Majesty
I am to present to the Chamber a bill
in view of the importance of which
I would beg you to allow me to read
the report that is to accompany it.
(Lively signs of attention.)

At the opening of the present ses-
sion, the representatives of eleven
million Italians united around the
Monarch unanimously acclaimed by
them. Now, after the lapse of
scarcely six months, another eleven
million Italians have broken their
chains and acquired the right to
choose such government as they
deem most suitable to their sentiments
and interests. (Sensation.)

The Ministry is far from attribut-
ing solely to itself the credit for such
wonderful events. It is not unaware,
but rather loudly proclaims the fact
that it is to the initiating genius of

1Le Assemblee, vol. 11, p. 660. The bill, after five days’ debate, was passed by the Cham:
ber on October 11, and by the Senate on October 16.

624

popoli e sovratutto da attribuire un
così stupendo rivolgimento. A ri-
spetto poi di Napoli e della Sicilia,
esso è dovuto senza dubbio al con-
corso generoso dei volontari; e più
che ad altra cagione, al magnanimo
ardire dell’illustre loro capo, al gen-
erale Garibaldi. (Vivissimi applausi
dalla Camera e dalle tribune.)

Il Ministero si ristringe pertanto a
notare che questi memorandi casi fu-
rono conseguenza necessaria della
politica già iniziata da Carlo Alberto,
e proseguita per dodici anni dal Go-
verno del Re. (Segni d’approva-
zione.) Certo, se tale politica fosse
stata in disparto, ovvero se ne fossero
mutati od alterati i principi direttivi,
le cause surriferite sarebbero tornate
impotenti a compiere la liberazione di
tanta parte d’Italia.

Quindi, non per essergli subita-

mente mancata la fede nell’efficacia di

tali principi, il Ministero stimò suo
debito di far più sollecita dell’usato
la riunione del Parlamento. A ciò lo
indusse, in prima, la persuasione che
le presenti emergenze, non prevedute
nei giorni della votazione del prestito,
imponevangli lo stretto obbligo di ac-
certarsi che non gli sia venuto meno
quel concorso efficace delle due Ca-
mere, dal quale emerge la maggiore
delle forze governative. Egli pensò,
inoltre, con una schietta esposizione
dei propri intendimenti mettere 1 rap-
presentanti della nazione in grado di

DOCUMENTS

the people that such a stupendous re-

- vulsion is above all to be attributed.

With respect to Naples and Sicily,
it is due without doubt to the gen-
erous cooperation of the volun-
teers; and, more than to any other
cause, to the magnanimous daring
of their illustrious chief, Gen-
eral Garibaldi. (Very lively applause
from the Chamber and from the
galleries.)

The Ministry therefore confines it-
self to noting that these memorable
events were a necessary consequence
of the policy already begun by Carlo
Alberto and pursued for twelve years
by the King's Government. (Signs
of approval.) To be sure, if that
policy had been neglected, or if its
guiding principles had been changed
or impaired, the causes referred to
above would have become powerless
to accomplish the liberation of so
large a part of Italy.

Accordingly, not because it has
suddenly lost faith in the efficacy of
these principles, the Ministry deemed
it to be its duty to hasten more than
usual the convening of Parliament.
It was induced to do this, firstly, by
the conviction that the present emer-
gencies, not foreseen during the days
when the loan was being voted, im-
posed upon it the strict obligation to
insure itself against the lack of
the effective cooperation of the two
Chambers from which arises the
greatest of governmental forces. It
thought, moreover, that by means of
a frank statement of its own ideas it

SICILY AND NAPLES, 1860

pronunziare solenne giudizio sul si-
stema politico da lui proseguito.

Signori, se la causa italiana si pro-
cacció finalmente la simpatia univer-
sale d'Europa, se la mente delle na-
zioni più culte ed educate le si di-
mostra favorovole, ciò è specialmente
da attribuirsi alla mirabile temperanza
d’idee, alla compostezza dei modi ser-
bati dalle varie provincie della peni-
sola, tostochè riuscirono a liberarsi dal
reggimento che lo straniero aveva loro
imposto. Quelle provincie porsero la
prova più solenne di quanto sia vera
e profonda la civiltà del popolo ita-
liano, sradicando immediatamente
ogni germe di anarchia, ordinandosi
senza indugio in conformità dei prin-
cipi che prevalgono appo le nazioni
più provette nell’esercizio della libertà
manifestando infine la ferma volontà
loro di uscire dal provvisorio e di ve-
der istituito un Governo nazionale e
libero, ma forte ad un tempo e impa-
ziente d’ogni maniera di eccessi.

Con questa moderazione e concor-
dia degli animi, con questa fermezza
incrollabile di proposito i popoli della
Toscana e dell’ Emilia pervennero da
ultimo a persuadere la diplomazia che
gl'Italiani sono capaci di costruire un
vasto Regno fondato ed ordinato
sovra principi ed istituzioni larga-
mente liberali.

625°

would enable the representatives of
the Nation to pass a solemn judgment
on the political system pursued by
it.

Gentlemen, if the Italian cause has
finally won the universal sympathy
cf Europe, if the minds of the most
cultured and educated nations are
favorable to it, this is to be specially
attributed to the wonderful temper-
ateness of ideas and to the dignity of
the manners observed by the various
provinces of the Peninsula as soon as
they succeeded in liberating them-
selves from the régime which foreign-
ers had imposed upon them. Those
provinces furnished the most solemn
proof of the trueness and depth of
the civilization of the Italian people,
eradicating immediately every germ
of anarchy, organizing itself without
hesitation in accordance with the prin-
ciples which prevail among the na-
tions most experienced in the exercise
of freedom, and finally manifesting
its firm determination to abandon a
provisional régime and see instituted
a government which should be na-
tional and free, but at the same time
strong and impatient of any kind of
excesses.

With this moderation and concord
of minds, with this unshakable firm-
ness of purpose, the peoples of Tus-
cany and Emilia finally succeeded in
persuading the diplomatic world that
the Italians are capable of construct-
ing a vast kingdom founded and or-
ganized on broadly liberal principles
and institutions.

626

Le cose debbono procedere in egual
modo nell'Italia meridionale. Guai
se quei popoli avessero a durar lunga-
mente nella incertezza del provvisorio;
le perturbazioni e l'anarchia, che poco
tarderebbero a scoppiare, diverreb-
bero cagione di danno immenso e di
immenso disdoro alla patria comune.
Il gran moto nazionale, uscendo dall’
orbita regolare e meravigliosa che ha
trascorsa finora, farebbe correre su-
premi pericoli, cosi alle provincie testé
emancipate quanto a quelle che sono
da oltre un anno fatte libere ed in-
dipendenti. (Sensazione). Ciò non
deve succedere. Il Re, il Parlamento
non vi possono acconsentire.

Il Principe generoso, che l’Italia in-
tera proclama iniziatore e duce del
risorgimento nazionale, ha verso i
popoli del Mezzogiorno d’Italia spe-
ciali doveri. L'impresa liberatrice fu
tentata in suo nome; attorno al suo
glorioso vessillo si raccolsero, si strin-
“ero i popoli emancipati. Egli è di-
nanzi all'Europa, dinanzi ai posteri
risponsabile delle loro sorti.

Non già che Re Vittorio Emanuele
intenda perciò disporre a suo talento
dei popoli dell’Italia meridionale, ma
incombe a lui il debito di dare a quelli
opportunità d'uscire dal provvisorio,
manifestando apertamente, liberissi-
mamente la volontà loro.

Quale sarà il risultato del voto?
La risposta giace nell’urna elettorale.

DOCUMENTS

Things must proceed in the same
manner in Southern Italy. Woe unto
them if those peoples should remain
long in the uncertainty of a provision-
al régime; the disturbances and the
anarchy which would not be long in
breaking out would become a source
of enormous injury and great dis-
honor to the common fatherland.
The great national movement, deviat-
ing from the regular and wonderful
orbit through which it has traveled
up to the present, would place in su-
preme peril not only the provinces
just emancipated but also those which
have been made free and independ-
ent for over a year. (Sensation).
This must not happen. The King
and the Parliament can not consent
to it.

The generous Prince whom all
Italy proclaims as the initiator and
leader of the national resurrection has
special duties toward the peoples of
the south of Italy. The liberating
enterprise was undertaken in his
name; around his glorious standard
rallied and crowded the emancipated
peoples. He is responsible for their
fates before Europe and before pos-
terity.

Not, indeed, that King Victor
Emanuel intends for this reason to
dispose at will of the peoples of
Southern Italy, but the duty devolves
upon him of affording them an op-
portunity to emerge from their provi-
sional régime, manifesting their will
openly and freely.

What will be the result of the vote?

| The answer lies in the ballot box.

SICILY AND NAPLES, 1860

-. Come italiani, noi desideriamo ar-
dentemente che gli abitatori delle
provincie non ancora unite operino
non diversamente da quelli dell’Italia
centrale, e collo stesso entusiasmo, con
pari unanimità si dichiarino consen-
zienti al principio unificatore di tutta
quanta la penisola sotto lo scettro co-
stituzionale di Vittorio Emanuele.

Come ministri di un principe scevro
d'ogni ambizione personale e che
sacrò la sua spada e la vita alla grande
opera di fare l’Italia degli Italiani, noi
dobbiamo fermamente pronunziare in
suo nome che qualunque sia per es-
sere il voto di quei popoli esso verrà
religiosamente rispettato. (Bravo!
Bene!)

A noi non fallisce la fiducia che voi
pure vi accorderete in questo pensiero.
Tutti vogliamo recare a compimento
il grande edificio della unità nazionale.
Ma esso debbe sorgere mediante lo
spontaneo consenso dei popoli, non per
atto alcuno di costringimento e di
forza.

Tali considerazioni indussero il
Governo del Re a chiedere alle due
Camere che gli sia fatta facoltà di
compiere l'annessione di tutte quelle
affrancate provincie italiane le quali,
interrogate col mezzo del voto uni-
versale e diretto, dichiarassero di vo-
lere esser parte della numerosa famig-
lia di popoli già ricoverati sotto le ali
del regno glorioso di Vittorio Eman-
uele.

Non crede il Ministero che la
forma del voto possa esser argomento

627

As Italians, we ardently desire that
the inhabitants of the provinces not
yet united should act similarly to
those of Central Italy and with like
enthusiasm, and that they should with
equal unanimity declare their acqui-
escence in the principle of unification
of the whole Peninsula under the con-
stitutional scepter of Victor Eman-
uel.

As ministers of a prince who is
devoid of any personal ambition and
who bared his sword and risked his
life in the great task of making Italy
belong to the Italians, we must firm-
ly declare in his name that whatever
the vote of those peoples is to be,
it will be religiously respected.
(Bravo! Good!)

We feel confident that you will
also agree in this opinion. We all
wish to bring to completion the grand
edifice of national unity. But it must
come through the spontaneous con-
sent of the people, not through any
act of constraint or force.

These considerations induced the
King's Government to ask the two
Chambers to grant him the power to
accomplish the annexation of all
those liberated Italian provinces,
which, after being interrogated by
means of direct and universal suf-
frage, should declare their desire to
become a part of the numerous fam-
ily of peoples already gathered into
the folds of the glorious Kingdom of
Victor Emanuel.

The Ministry does not think that
the form of the vote can give room

628

di discussioni. Imperocché sarà quella
medesima già posta in atto nell'Emilia
e nella Toscana. I popoli verranno
invitati ad esprimere nettamente se
vogliono o no congiungersi al nostro
Stato, senza però ammettere alcun
voto condizionato. Poichè, com’è
ferma nostra deliverazione di non im-
porre l’atto d’annessione ad alcuna
parte d’Italia, dobbiamo dichiarare
con pari schiettezza essere nostro av-
viso che non si debbano ammettere
annessioni subordinate ad alcuna con-
dizione speciale. (Applaust.) Cio
sarebbe, o signori, dar facoltà ad una
o più provincie italiane di imporre la
volontà loro alle provincie già innanzi
costituite e d'inceppare l'ordinamento
futuro della nazione introducendovi
un vizio radicale e un germe funesto
d’antagonismo e di discordia. (Segni
d'approvazione.) Noi non dubitiamo
d'altra parte di significare che il sis-
tema delle annessioni condizionate da
noi ripulso è contrario all'indole delle
moderne società, le quali, se possono
in certe peculiari congiunture ordi-
narsi convenientemente sotto forma
federativa, non ammettono più il patto
deditizio, vera reliquia del medio evo,
modo d’unione poco degno di Re e
di popolo italiano. (Applaust.)

Ci si permetta adunque di ripeterlo.
Quella condizione di cose provvisoria
e rivoluzionaria che poteva avere ra-
gione di esistere a Napoli ed in Sicilia
debbe aver termine al più presto pos-

DOCUMENTS

for discussion; since it is the same
which was used in Emilia and Tus-
cany. The people will be invited to
state plainly whether or not they wish
to join our State, though no condi-
tional vote will be admitted. For just
as we are firmly determined not to im-
pose annexation upon any part of
Italy, so must we likewise declare
with equal frankness that we do not
think that annexations should be ac-
cepted which are subject to any spe-
cial condition. (Applause.) This,
Gentlemen, would be authorizing one
or more Italian provinces to impose
their will upon the provinces consti-
tuted preyiously and to hinder the
future organization of the Nation by
introducing therein a radical defect
and a baneful germ of antagonism
and discord. (Sigms of approval.)
We do not hesitate, on the other
hand, to intimate that the system of
conditional annexations rejected by us
is contrary to the nature of modern
societies, which, while they may be
able under certain peculiar circum-
stances to organize themselves in a
federative form, nevertheless no
longer admit of the capitulatory com-
pact, which is a genuine relic of the
middle ages and a mode of union little
worthy of the Italian King and peo-
ple. (Applause.)

Let us then repeat: The provisional
and revolutionary condition of affairs
which might have had a reason for
existence in Naples and Sicily must
terminate as soon as possible. This

SICILY AND NAPLES, 1860

sible. Lo richiede l’interesse di quelle
provincie per cui lo stato presente è
cagione feconda di gravissimi sconci;
lo richiede sovratutto l’interesse e
l'onore della causa nazionale. E
come potrebbe, senza notabile scapito
della dignità della Corona, come po-
trebbe Re Vittorio Emanuele accon-
sentire che provincie italiane siano
lungo tempo governate nel nome di lui
quali paesi di conquista, senza che: il
popolo adunato nei liberi comizi abbia
espresso e manifestato con solenne
legalità di voto la sua volontà?
(Segni d’approvazione. )

Per queste ragioni io piglio spe-
ranza che voi farete, o signori, acco-
glienza favorevole alla proposta di
legge che ho l'onore di presentarvi.

Custodi fedeli dello Statuto, del
quale a noi più che ad altri incombe la
esecuzione più scrupolosa, non cre-
diamo che la parola d’un cittadino, per
quanto segnalati siano i servigi da lui
resi alla patria, possa prevalere alla
autorità dei grandi poteri dello Stato.
(Bene! Bravo!)

Però è debito assoluto dei ministri
d’un Re costituzionale di non cedere
innanzi a pretese poco legittime, anche
quando sono avvalorate da una splen-
dida aureola popolare e da una spada
vittoriosa. (Segni d’assentimento.)

Ma se cedendo a quelle esigenze
avremmo mancato al nostro debito, ci
correva l’obbligo tuttavia d'interro-
gare il Parlamento, onde sapere

629

is required by the interests of those
provinces to which the present state
of affairs is a fruitful source of grave
injuries; it is required above all by
the interests and the honor of the na-
tional cause. And how could King
Victor Emanuel, without notable
detriment to the dignity of the
Crown, consent that Italian provinces
should be long governed in his name
as conquered countries, without the
people, assembled in free assemblies,
having expressed and manifested its
will by means of a solemn and lawful
vote? (Signs of approval.)

For these reasons I take hope that
you, Gentlemen, will receive with fa-
vor the bill which I have the honor
to lay before you.

Faithful custodians of the Consti-
tution, whose most scrupulous en-
forcement devolves upon us more
than on any others, we do not think

‘that the word of a citizen, however

meritorious may have been the serv-
ices that he has rendered to his coun-
try, should prevail over the authority
of the great powers of the State.
(Good! Bravo!)

But it is the absolute duty of the
ministers of a constitutional King not
to yield to unwarranted claims, even
when they are backed by a splendid
popular glory and by a victorious
sword. (Signs of assent.)

But if, yielding to these demands,
we had failed in our duty, we were
nevertheless under obligation to in-
terrogate Parliament, in order to

630

s'egli e disposto a sancire la sentenza
profferita contro di noi.

Questo effetto uscir deve dalla dis-
cussione cui dará motivo la presente
proposta di legge.

Qualunque esser possa la delibera-
zione vostra, noi l’accetteremo con
animo tranquillo. Sicuri della rettitu-
dine delle nostre intenzioni, noi siamo
egualmente disposti a servire la pa-
tria come ministri o come privati cit-

tadini, consacrando in qualunque caso

tutte le nostre forze alla grand’opera
di costituire l’Italia sotto la Monarchia
costituzionale di Vittorio Emanuele.
(Applausi fragorosi e prolungati.)

PROGETTO DI LEGGE !

ARTICOLO UNICO. Il Governo del
Re e autorizzato ad accettare e sta-
bilire per reali decreti l’annessione allo
Stato di quelle provincie dell’Italia
centrale è meridionalé, nelle quali si
manifesti liberamente, per suffragio
diretto universale, la volontà delle po-
polazioni di far parte integrante della
nostra Monarchia costituzionale.

DOCUMENTS

learn whether it is disposed to con-
firm the dictum pronounced against
us.

This result should not come within
the discussion to which the present
bill will give rise.

Whatever your decision may be,
we will accept it with tranquil minds.
Certain of the uprightness of our in-
tentions, we are equally willing to
serve our country as ministers or as
citizens, in either case devoting our
strength to the great task of estab-
lishing Italy under the constitutional
Monarchy of Victor Emanuel.
(Prolonged and boisterous applause.)

BILL

ARTICLE ONE. The King's Gov-
ernment is authorized to accept and
establish by royal decrees the annexa-
tion to the State of those provinces of
Central and Southern Italy in which
the will of the inhabitants to form an
integral part of our constitutional
Monarchy shall be freely manifested
through direct universal suffrage.

1 Le Assemblee, vol. 11, p. 661. This bill was approved by the Chamber on December 11
by a vote of 290 to 6, and by the Senate on December 16 by a vote of 84 to 12. It is cited

as Law of December 3, 1860, No. 4497.

SICILY AND NAPLES, 1860

631

Convocation of the Popular Assemblies of the Neapolitan Provinces for the

Plebiscite.

ITALIA E VITTORIO
EMMANUELE

IL DITTATORE DELL'ITALIA MERI-
DIONALE

Sulla proposizione del ministro
dell'interno, deliberata in Consiglio
dei ministri.

DECRETA:
ART. 1. Il popolo delle provincie
continentali dell’Italia meridionale

sarà convocato pel dì 21 del corrente
mese di ottobre in comizi, per accet-
tare o rigettare il seguente plebiscito:

Il popolo vuole l’Italia una ed in-
divisibile, con Vittorio Emmanuele,
Re costituzionale, e suoi legittimi di-
scendenti.

Il voto sarà espresso per sì o per no,
col mezzo di un bollettino stampato.

ART. 2. Sono chiamati a dare il
voto tutti i cittadini, che abbiano com-
piuti gli anni ventuno, e si trovino nel
pieno godimento dei loro diritti civili
| e politici.
| Sono esclusi dal dare il voto tutti
coloro, 1 quali sono colpiti da con-
danne, sieno criminali, sieno corre-
zionali, per imputazioni di frode, di
furti, di bancarotta e di falsita.

Sono esclusi parimenti coloro, 1
quali per sentenza sono dichiarati
falliti.

Art. 3. Dal sindaco di ciascun

1Le Assemblee, vol. 11, p. 644.

October 8, 1860 !

ITALY AND VICTOR
EMANUEL

THE DICTATOR OF SOUTHERN ITALY

On the recommendation of the
Minister of the Interior and after de-
liberation in the Council of Ministers,

DECREES :

ARTICLE 1. The people of the con-
tinental provinces of Southern Italy
shall be convoked for the 21st of the
present month of October in assem-
blies in order to accept or reject the
following plebiscite:

“ The people wishes Italy one and
indivisible under Victor Emanuel,
constitutional King, and his legitimate
descendants.”

The vote shall be expressed by yeas
and nays, on printed ballots.

ART. 2. All citizens are called
upon to vote who have reached the
age of 21 years and are in the full
enjoyment of their civil and political
rights.

All those are excluded from voting
who have been sentenced for crimes
or misdemeanors, charges of fraud,
larceny, bankruptcy, or forgery.

AII those are likewise excluded who
have been declared bankrupt by
judicial decree.

Art. 3. The mayor of each com-

632

comune saranno formate le liste dei
votanti, ai termini dell’articolo prece-
dente, le quali verranno pubblicate ed
affisse nei luoghi soliti pel giorno 17
ottobre.

I reclami avverso le dette liste sa-
ranno prodotti fra le 24 ore seguenti
dinanzi al giudice di circondario, che
deciderà inappellabilmente per tutto
il di 19 detto mese.

ART. 4. I voti saranno dati e rac-
colti in ogni capoluogo di circondario,
presso una Giunta, composta del giu-
dice presidente, e dei sindaci dei co-
muni del circondario medesimo.

Si troveranno, nei luoghi destinati
alla votazione, su di un apposito
banco, tre urne, una vuota nel mezzo,
e due laterali, in una delle quali sa-
ranno preparati 1 bullettini col sì, e
nell’altra quelli del no, perchè ciascun
votante prenda quello che gli aggrada
e lo deponga nell’urna vuota.

Art. 5. Compiuta la votazione, la
Giunta circondariale, in seduta per-
manente, invierà immediatamente
l'urna dei voti, chiusa ed assicurata,
per mezzo del giudice, suo presidente,
alla Giunta provinciale.

ART. 6. In ogni capoluogo di
provincia vi sarà una Giunta provin-
ciale composta dal governatore, presi-
dente, dal presidente e procuratore
generale della Gran Corte criminale,
e dal presidente e procuratore regio
del tribunale civile. Tale Giunta,
anche in seduta permanente, procederà

DOCUMENTS

mune shall prepare the lists of the
voters, in accordance with the fore-
going article, which lists shall be pub-
lished and posted up in the usual
places for the 17th day of October.

Complaints against the said lists
shall be filed within the following 24
hours before the judge of the district,
who shall decide beyond appeal by the
19th of said month.

ART. 4. The votes shall be cast
and gathered in each chief town of a
district, before a board composed of
the judge as president and of the
mayors of the communes of the dis-
trict in question. .

At the places designated for the
voting, there shall be placed on a suit-
able bench three urns, one of them
being empty and placed in the middle
and two on the sides, in one of which
shall be placed the ballots bearing the
word yea and in the other those with
the word nay, in order that each

voter may take the one that suits him

and deposit it in the empty urn.

Art. 5. When the voting has
been terminated, the district board,
in permanent session, shall, through
the judge who is its president, im-
mediately send the urn containing the
ballots, closed and made secure,
to the Provincial Board.

ART. 6. At every chief town of
a province there shall be a provincial
board composed of the Governor as
its president, of the President and :
Solicitor General of the Great Crim-
inal Court, and of the President and
Royal Solicitor of the Civil Tribunal.
This board, also in permanent

SICILY AND NAPLES, 1860

allo scrutinio dei voti, raccolti nelle
Giunte circondariali, ed invierà im-
mediatamente il lavoro, chiuso e sug-
gellato, per mezzo di un agente muni-
pale o di altra persona di sua fiducia,
al presidente della Corte Suprema di
giustizia.

ART. 7. Lo scrutinio generale de’
voti sarà fatto dalla indicata Suprema
Corte. Il presidente di essa annun-
zierà il risultato del detto scrutinio
generale da una tribuna, che verrà
appositamente collocata nella piazza
di S. Francesco di Paola.

ART. 8. Per la città di Napoli la
votazione si farà presso ciascuna delle
dodici sezioni, nelle quali è divisa la
capitale.

La Giunta di ogni sezione sarà com-
posta dal giudice di circondario, presi-
dente, dall’eletto e da due decurioni,
all'uopo delegati dal sindaco.

Saranno applicate per la città di
Napoli tutte le regole, stabilite per
gli altri comuni, in quanto alla forma-
zione delle liste ed alla discussione dei
reclami.

ART. 9. I ministri dell'interno e
della giustizia sono incaricati della
esecuzione.

Napoli, 8 ottobre 1860.

Il Pro-Dittatore
GIORGIO PALLAVICINO.
Il ministro dell interno e polizia
RAFFAELE CONFORTI.

633

session, shall proceed to count the
votes gathered by the district boards,
and it shall immediately send the re-
sult, closed and sealed, through a
municipal agent or other trustworthy
person, to the President of the
Supreme Court of Justice.

ART. 7. The general count of
the votes shall be made by the afore-
mentioned Supreme Court. The
president of the latter shall announce
the result of the said general count
from a speaker's platform to be lo-
cated for the purpose on the square
of S. Francesco di Paola.

Art. 8. In the city of Naples,
the voting shall take place in each
of the twelve sections into which the
capital is divided.

The board of each section shall be
composed of the district judge as
president, of the candidate elect, and
of two decurioni delegated for the
purpose by the mayor.

All the rules shall be applied in
Naples which have been established
for the other communes as regards
the preparation of the lists and the
discussion of complaints.

Art. 9. The Ministers of the In-
terior and Justice are charged with
the enforcement hereof.

Naples, October 8, 1860.
Pro-Dictator

GIORGIO PALLAVICINO,
Minister of the Interior and Police
RAFFAELE CONFORTI.

634

DOCUMENTS j

Convocation of the Assembly of the Representatives of the Sicilian People.
October 9, 1860 !

IN NOME DIS. M. VITTORIO
EMMANUELE

RE D'ITALIA

IL PRODITTATORE ?

Veduto il decreto del 5 di questo
mese, col quale fu disposta la convo-
cazione dei Collegi elettorali:

Volendo accelerare il fortunato mo-
mento in cui il popolo siciliano, debi-
tamente rappresentato, possa mani-
festare liberamente la sua volontà in-
torno alla annessione di cui trattasi
nel citato decreto;

Sulla proposta del segretario di
Stato per gli affari esteri e pel com-
mercio, quale reggente interinalmente
la Segreteria di Stato dell'interno;

Udito il Consiglio dei segretari di
Stato;

DECRETA E PROMULGA:

ART. 1. L'Assemblea de'rappre-
sentanti del popolo siciliano si riunirà
in Palermo nel di del vegnente novem-
bre.

Art. 2. Il segretario di Stato
dell'interno è incaricato della esecu-
zione del presente decreto.

Ordina che il presente, munito del
suggello dello Stato, sia inserto nella
Raccolta degli Atti del Governo, man-

1 Le Assembiee, vol. 15, p. 1026.

IN THE NAME OF H. M. VIC-
TOR EMANUEL

KING OF ITALY
THE PRO-DICTATOR

In view of the decree of the Sth
cf this month, whereby the convoca-
tion of the electoral colleges was or-
dered; |

Wishing to hasten the fortunate
moment when the Sicilian people,
duly represented, may freely mani-
fest its will in regard to the annexa-
tion to which the said decree relates;

On the recommendation of the
Secretary of State for Foreign Af-
fairs and for Commerce, as tempo-
rarily in charge of the Department of
the Interior; |

And after hearing the Council of
Secretaries of State,

DECREES AND PROMULGATES:

ARTICLE 1. The Assembly of the
representatives of the Sicilian people
shall meet at Palermo on the 9th day
of next November.

Art. 2. The Secretary of the In-
terior is charged with the enforce-
ment of the present decree.

He orders that the present decree,
with the seal of State attached, be in-
serted in the Collection of the Acts

2 Mordini was appointed by Garibaldi as Prodictator on September 17, 1860.— Ibid., p. 1022.

3 {bid., p. 1011.

The Decree fixing the qualifications and provisions for the vote and estab-

lishing universal manhood suffrage was issued June 23

SICILY AND. NAPLES, 1860

dando a chiunque spetti di osservarlo
e di farlo osservare.

Dato in Palermo il 9 ottobre 1860

MORDINI.
D. PIRAINO-SCROFANI.

635

of the Government, ordering all con-
cerned to observe it and cause it to be
observed.
Given at Palermo on October 9,
1860.
MORDINI.
D. PIRAINO-SCROFANI.

Convocation of the Popular Assemblies of Sicily for a Plebiscite on the Ques-

tion of Union with Italy under Victor Emanuel.

IN NOME DI S. M. VITTORIO
EMMANUELE

Re D'ITALIA

IL PRODITTATORE

In virtù dei pieni poteri a lui con-
feriti;

Sulla proposta del segretario di
Stato dell'interno;

Udito il Consiglio dei segretari di
Stato;

DECRETA E PROMULGA:

Arr. 1. I Comizi elettorali, con-
vocati pel 21 ottobre, in luogo di pro-
cedere all’elezione dei deputati, do-
vranno votare per plebiscito sulla se-
guente proposizione :

“ 11 popolo siciliano vuole l’Italia
Una e Indivisibile con Vittorio Em-
manuele Re costituzionale e i suoi
legittimi discendenti.”

ART. 2. Il voto sarà dato per bul-
lettino stampato o scritto portante la
scritta sì o no. Ogni altro bullettino
sarà reputato nullo.

Art. 3. Lo spoglio dei voti sarà

1Le Assemblee, vol. 15, p. 1027.

October 15, 1860 2

IN THE NAME OF H. M. VIC-
TOR EMANUEL

KING OF ITALY
THE PRO-DICTATOR

By virtue of the full powers con-
ferred upon him,

On the recommendation of the
Secretary of the Interior,

And after hearing the Council of
Secretaries of State,

DECREES AND PROMULGATES:

ARTICLE 1. The Electoral Assem-
blies called for October 21, instead of
proceeding to the election of depu-
ties, shall vote by plebiscite on the fol-
lowing proposition:

“ The Sicilian people wishes Italy
One and Indivisible under Victor
Emanuel, Constitutional King, and
his legitimate descendants.”

ART. 2. The vote shall be given
by a printed or written ballot contain-
ing the word yea or nay. Any other
ballot shall be deemed null and void.

ART. 3. The votes shall be counted

636

fatto nel modo prescritto dal decreto
del 5 ottobre; e proclamatone il risul-
tato ne sarà trasmesso verbale all'in-
tendente del circondario e da questo
al governatore della provincia, che lo
spedirà immediatamente al presidente
della Corte Suprema di giustizia.

Art. 4. La Corte Suprema di
giustizia in seduta permanente, rac-
colti tutti i verbali, procederà allo
scrutinio generale. Il risultato finale
sarà proclamato dal presidente della
Suprema Corte dal balcone del Pa-
lazzo dei Tribunali.

ART. 5. Il segretario di Stato dell’
interno è incaricato della esecuzione
del presente decreto.

Ordina che il presente decreto, mu-
nito del suggello dello Stato, sia in-
serto nella Raccolta degli Atti- del
Governo, mandando a chiunque spetti
di osservarlo e di farlo osservare.

Dato in Palermo, il 15 ottobre 1860.
Il Prodittatore
MORDINI
Il segretario di Stato dell’ interno
ENRICO PARISI
Il segretario di Stato della gius-
tica
SCROFANI

DOCUMENTS

in the manner prescribed by the de-
cree of October 5; and when the
result of the count has been pro-
claimed, a record thereof shall be
transmitted to the intendent of the
district and by the latter to the
governor of the province, who shall
forward it immediately to the Presi-
dent of the Supreme Court of Jus-
tice.

ART. 4. The Supreme Court of
Justice in permanent session, after
gathering together all the records,
shall proceed to make a general count.
The final result shall be proclaimed
by the President of the Supreme
Court from the balcony of the Court
House.

Art. 5. The Secretary of the In-
terior is charged with the enforce-
ment of the present decree.

He orders that the present decree,
with the seal of State attached, be in
serted in the Collection of the Acts
of the Government, commanding all
concerned to observe it and cause it
to be observed.

Given at Palermo, October 15,
1860.

Pro-Dictator

MORDINI
Secretary of the Interior

Enrico PARISI
Secretary of Justice

SCROFANI

SICILY AND NAPLES, 1860

637

Garibaldi Decrees the Union of the Two Sicilies with the Constitutional King-
dom of Victor Emanuel. October 15, 1860!

Per adempiere ad un voto indispen-
sabilmente caro alla Nazione intera;

IL DITTATORE
DECRETA:

Le Due Sicilie, che al sangue ita-
liano devono il loro riscatto e che mi
elessero liberamente a Dittatore, fanno
parte integrante dell’Italia Una ed
Indivisibile — con suo Re costitu-
zionale Vittorio Emmanuele ed 1 suoi
discendenti.

Io deporrò nelle mani del Re — al
suo arrivo — la Dittatura conferi-
tami dalla Nazione.

I Prodittatori sono incaricati della
esecuzione del presente decreto.
Sant'Angelo, 15 Ottobre 1860.
G. GARIBALDI.

In order to fulfill a wish ardently
cherished by the whole Nation,

THE DICTATOR
DECREES:

The Two Sicilies, which owe their
redemption to Italian blood and which
freely exalted me to the position of
Dictator, constitute an integral part
of Italy, One and Indivisible, under
its constitutional King Victor
Emanuel and his descendants.

I shall deposit in the hands of the
King, upon his arrival, the Dictator-
ship conferred upon me by the
Nation.

The Pro-dictators are charged with
the enforcement of the present decree.
Sant’ Angelo, October 15, 1860.

G. GARIBALDI.

Proclamation of the Pro-Dictator of Sicily Urging a Vote for Union.
October 15, 1860 *

Italiani della Sicilia!

Io vi dissi giungendo al potere: —
La vostra Storia vi obbliga ad essere
grandi.

Ora è forza mostrar che lo siete.

Ad affrettare il compimento dei vos-
tri destini, io scelsi, or son pochi di,
una via che altri popoli d’Italia ave-
vano percorsa con plauso d’Europa.
E la scelsi perchè aveva l’approva-

1 Le Assemblee, vol. 15, p. 1028.

Italians of Sicily:

When I came into power I told
you that your history made it
obligatory upon you to be great.

Now it is necessary to show that
you are so.

In order to hasten the fulfillment
of your destinies, I chose, a few days
ago, a path which other peoples of
Italy had trodden with the applause
of Europe. I chose it because it had

638

zione del Dittatore, perchè guidava ad
un patto solenne di conciliazione e di
pace, perchè non escludeva la succes-
siva applicazione d'un altro principio,
che m'ebbe sempre appassionato cul-
tore.

Oggi nuovi casi han cangiato le con-
dizioni dei giorni passati.

Qui si tratta di fare colla concordia
la Patria.

Italiani della Sicilia!

Dal fondo dell’urna, ove il giorno
21 si deciderà del vostro avvenire,
fate che sorga questo commovente an-
nunzio ai Popoli della Penisola: In
Sicilia più non sono partiti. Sarà
per GARIBALDI la miglior prova d’af-
fetto; sarà il mio conforto nel sepa-
rarmi da Voi.

Palermo, li 15 ottobre 1860.
Il Pro-Dittatore,
MORDINI.

Circular to the Governors of the Provinces Regarding the Plebiscite.

DOCUMENTS

the approval of the Dictator, because
1t led to a solemn compact of concilia-
tion and peace, and because it did not
preclude the subsequent application of
another principle of which 1 was al-
ways an impassioned advocate.

To-day new events have changed
the conditions of past days.

It is now a question of construct-
ing our country on the basis of con-
cord.

Italians of Sicily:

From the urns, in which yout
future will be decided on the 21st, see
that the following stirring announce-
ment to the peoples of the Peninsula
emerges: “In Sicily there are no
longer any parties.” This will be the
best evidence of affection to Gari-
baldi; it will be my comfort when I
part from you.

Palermo, October 15, 1860.

Pro-Dictator,
MORDINI.

October

16, 1860 *

SIGNOR GOVERNATORE,

Ella ha ricevuto per mezzo dei tele-
grafi il decreto che convoca il popolo
per accettare o rigettare il seguente
Plebiscito :

Il popolo vuole l’Italia una ed indi-
visibile con Vittorio Emmanuele e
suoi legittimi discendenti.

L'importanza di questo grande atto,
che deve decidere delle nostre sorti ed

1Le Assemblee, vol. 11, p. 645.

MR. GOVERNOR:

You have received by telegraph the
decree which convokes the people for
the purpose of accepting or rejecting
the following plebiscite:

“ The people wishes Italy one and
indivisible under Victor Emanuel and
his legitimate descendants.”

The importance of this great act,
which is to decide our fates and in-

SICILY AND NAPLES, 1860

integrare la Nazione, è visibile e mani-
festa, ed io crederei offendere il pa-
triottismo della Signoria Vostra, se
spendessi molte parole a dimostrarlo.

Ho creduto però mio debito esporle
alcune considerazioni in proposito, af-
finchè sia noto all'universale che il
Ministero sente e conosce i supremi
doveri che gli impongono le presenti
necessità. Ella quindi trasmetterà a
tutt'i pubblici funzionari da lei di-
pendenti e diffonderà in tutti luoghi
della sua giurisdizione la-presente cir-
colare.

Questa nobilissima parte della Pen-
isola, che si dicea Reame di Napoli,
fu sequestrata finora dalla vita na-
zionale. Un feroce dispotismo, che
non ha riscontro nelle storie, aiutato
da forze mercenarie e dalle arti più
inique e più vili, comprimendo forte-
mente il popolo, era un potente osta-
colo alla restaurazione della Patria
italiana. Ma un eroe, seguito da
un pugno di prodi, con una serie di
prodigi, che hanno sorpreso il mondo,
rompea quel fascio di forze che sos-
tenea la oscena tirannide, e ci liberava.
Innanzi e dietro i passi dell’uomo
straordinario le nostre popolazioni in-
sorsero, e la Monarchia, fuggitiva con
gli ultimi avanzi del suo esercito, ap-
pena ebbe tempo di nascondersi nei
propugnacoli di Capua e di Gaeta.

Infrante le nostre catene, risorto il
popolo a vita novella, acquista ora il
dritto di pronunziarsi intorno a’suoi
futuri destini. Bisogna quindi, si-

639

tegrate the Nation, is obvious and
plain, and I should fear to offend
your patriotism if I were to expend
many words in demonstrating it.

However, I have deemed it my duty
to set forth to you some considera-
tions on the matter, to the end that
the public at large may know that the
Ministry feels and realizes the su-
preme duties imposed upon it by
present necessities. You will there-
fore transmit the present circular to
all the public officials subordinate to
you and disseminate it throughout all
places under your jurisdiction.

This most noble part of the Penin-
sula, which was called the Kingdom
of Naples, has hitherto been se-
questrated from the national life. A
ferocious despotism, which has no
counterpart in history, aided by mer-
cenary forces and by the most vile
and iniquitous arts, forcibly sup-
pressed the people and was a power-
ful obstacle to the restoration of the
Italian fatherland. But a hero, fol-
lowed by a handful of brave men,
through a series of prodigious feats
which surprised the world, broke that
combination of forces which sus-
tained the outrageous tyranny, and
freed us. Before and behind the
steps of the extraordinary man our
people rose, and the Monarchy, flee-
ing with the final remains of its army,
hardly had time to hide in the defen-
sive works of Capua and Gaeta.

Our chains being broken, the people
have risen to a new life and are now
acquiring the right to pass upon their
future destinies. It is therefore

640 DOCUMENTS

gnor Governatore, che ella faccia alta-
mente sentire che ora appartiene al
popolo di queste provincie continentali
di accertare per sempre la sua reden-
zione e quella della intera Italia. La
sentenza che uscirà dall’urna nel dì 21
del corrente mese rivelerà alle na-
zioni, se la terra del Sannio e della
Magna Grecia, ove si udì per la
prima volta il nome santo d'Italia, ed
ove sorse la prima civiltà d'Occidente,
sia degna di far parte della grande
famiglia italiana.

Il Ministero ha la fiducia che le
genti napolitane, per italianità e fer-
mezza di proposito, non si mostre-
ranno minori di quelle della Toscana
e dell Emilia, e che esse compiranno
l’opera stupenda del patrio risorgi-
mento, fondando con libero voto la
grande Monarchia italiana.

Signor Governatore, ella adotterà
i più efficaci provvedimenti, affinchè
sia rispettato il dritto che hanno tutte
le opinioni di manifestarsi libera-
mente. Impedisca qualunque violenza
che, sotto qualsiasi pretesto, possa tur-
bare la coscienza de'cittadini, nè per-
metta che con minaccie ipocrite o fa-
ziose sia alterato l’atto solenne.

Il Re magnanimo è alle nostre porte.
Invitato dal Dittatore, egli non viene
sospinto da ambizione di nuovi do-
mini, ma dall’ambizione nobilissima di
rendere l’Italia agl'Italiani.

Egli viene a capo del ‘possente eser-
cito, che in pochi giorni liberava dalle

necessary, Mr. Governor, that you
should proclaim aloud that it is now
for the people of these continental
provinces to secure for ever their
redemption and that of all Italy.
The verdict to be pronounced at the
polls on the 21st instant will reveal
to the Nations whether the land of
Samnium and Magna Graecia, where
the sacred name of Italy was heard
for the first time and where the civil-
ization of the Occident arose, is
worthy of forming a part of the great
Italian family.

The Ministry is confident that the
Neapolitan people will not prove in-
ferior, in Italian character and firm-
ness of purpose, to the people of Tus-
cany and Emilia, and that they will
complete the stupendous work of
national resurrection by founding,
through their free vote, the great
Italian Monarchy.

Mr. Governor, you will adopt the
most effective measures to the end
.that the right of all to express their
opinion freely may be respected.
Prevent any violence which may,
under any pretext, perturb the con-
science of the citizens, and do not
permit the solemn act to be marred
by hypocritical or factious threats.

The magnanimous King is at our
doors. Being invited by the Dic-
tator, he does not come spurred on by
ambition for new dominions, but by
the most noble ambition to restore
Italy to the Italians.

He comes at the head of the power-
ful army which in a few days liber-

SICILY AND NAPLES, 1860

orde mercenarie due altre nobili prov-
incie.

La più bella accoglienza, che noi
possiam fargli, si è quella di procla-
marlo con libero ed unanime suffragio
Re d'Italia. Cosi il popolo di questa
meridional parte della Penisola avrà
la gloria di suggellare il patto d'amore,
che già stringe con nodo indissolubile
Italia e Vittorio Emmanuele.

GIORGIO PALLAVICINO — RAFFAELE
CONFORTI — Luici Giura — Pas-
QUALE SCURA — AMILCARE ANGUIS-
SOLA — GIACOMA COPPOLA.

641

ated two other noble provinces from
the mercenary hordes.

The most handsome reception that
we can give him will be to proclaim
him King of Italy by our free and
unanimous suffrage. Thus the people
of this southern part of the Peninsula
will have the glory of sealing the
compact of love which already binds
Italy to Victor Emanuel with an in-
dissoluble knot.

Giorgio PALLAVICINO, RAFFAELE
COoNFORTI, Luici GIURA, PASQUALE
SCURA, AMILCARE ANGUISSOLA, GIA-
COMA COPPOLA.

Formal Minute of the Result of the Plebiscite of the Neapolitan Provinces as

Proclaimed by the Supreme Court.

L’anno 1860, il giorno 3 Novembre,
alle ore 9 antim., in Napoli;

La Corte Suprema di Giustizia,
composta dei Signori: Presidente,
NIUTTA; Vice Presidente, SPACCAPIE-

TRA; Consiglieri, ABBATEMARCO,
Sica, CASTRIOTA, NICOLINI, Cav.
ZAMPAGLIONE, Cav. DALIA, Cav..

Rossi, Cav. DE STASI, Cav. MORELLI,
D'ALENA, Cav. GRIMALDI, COLOSIMO,
LANZILLI, PIRONTI, Procurator Gen-
erale VACCA, Avvocati Generali Cav.
GIGLI e Cav. CARACCIOLO e dal Giu-
dice di Gran Corte Civile Cancelliere
SACCOMANDI; si è riunita in Sessione
generale nel Palazzo di Maddaloni,
solito luogo delle sue udienze.

Il Presidente, Signor NIUTTA, ha
manifestato al Supremo Collegio che

1 Le Assemblee, vol. 11, p. 650.

November 3, 1860 !

At 9 o'clock À. M. of the 3d day
of November, 1860, at Naples;

The Supreme Court of Justice,
composed of the President, NIUTTA;
the Vice-President, SPACCAPIETRA;
Counselors ABBATEMARCO, SICA,
CASTRIOTA, NICOLINI, Cav. ZAMPAG-
LIONE, Cav. DALIA, Cav. Rossi, Cav.
De Stasi, Cav. MoreLLI, D’ALENA,
Cav. GRIMALDI, COLOSIMO, LANZILLI,
PIRONTI, Solicitor-General Vacca,
Attorneys-General Cav. GIGLI and
Cav. CARACCIOLO and SACCOMANDI,
Judge of the High Court of Chancery,
met in general session in the Palace
of Maddaloni, the usual place of its
sessions.

The President, Sig. NIUTTA, stated
to the Supreme College that the

642

l'oggetto della Sessione sia quello di
procedere, ai termini dell' Art. 7 del
Decreto Dittatoriale 8 Ottobre 1860,
allo scrutinio generale dei voti rac-
colti nei Comizi, in tutte le Provincie
continentali dell’Italia Meridionale,
sul seguente Plebiscito :

“* 11 Popolo vuole l’Italia una ed in-
divisibile, con VITTORIO EMANUELE
Re Costituzionale e suoi legittimi Dis-
cendenti.”

A quale effetto ha egli presentato
al Collegio medesimo i Processi Ver-
bali dei lavori di scrutinio rispettiva-
mente eseguiti dalle Giunte Provin-
ciali, e gli uffizi e documenti correla-
tivi a lui pervenuti in esecuzione dell’-
Art. 6 del Decreto anzidetto.

La Corte Suprema si è quindi im-
mediatamente occupata di tale impor-
tante obietto, e dopo diligente e ac-
curato esame degli Atti ha osservato;

Che le operazioni delle Giunte
Provinciali siano state eseguite in
piena regola ed ai termini della Legge;

Che il numero dei votanti in tutte
le Provincie continentali ascenda a
1,312,376, e che abbiano votato 1,302,-
064 affermativamente, e negativa-
mente soli 10,312, siccome emerge da
uno stato distinto per ciascuna Prov-
incia, e sottoscritto dai componenti di
questa Corte Suprema e che rimane
alligato al presente Processo Verbale
per formarne parte integrante;

Che perciò il risultato generale
della votazione offra voti affermativi
1,302,064, contro voti 10,312 nega-

tivi.

DOCUMENTS

object of the session was to proceed,
in accordance with Art. 7 of the
Dictatorial Decree of October 8,
1860, to make a general count of the
votes gathered at the assemblies, in
all the continental provinces of
Southern Italy, on the following
plebiscite :

“ The people wishes Italy one and
indivisible under Victor Emanuel,
Constitutional King, and his legiti-
mate descendants.”

For which purpose he presented to
the College the records of the counts
made by the various Provincial
Boards, and the dispatches and docu-
ments relating thereto which were
sent to him in compliance with Art.
6 of the aforementioned decree.

The Supreme Court, therefore, at
once took up this important werk and,
after a diligent and careful examina:
tion of the documents, observed :

That the operations of the Provin-
cial Boards had been performed in an
absolutely regular manner and in ac-
cordance with the law;

That the number of voters in all the
continental provinces amounts to
1,312,376, and that 1,302,064 had
voted affirmatively and only 10,312
negatively, as is shown from separate
statements for each Province, signed
by the members of this Supreme
Court and appended to the present
record in order to form an integral
part thereof;

That, consequently, the general re-
sult of the voting shows that there
were 1,302,064 affirmative as against
10,312 negative votes.

SICILY AND NAPLES, 1860

Quindi la Corte Suprema di Gius-
tizia dichiara:

Che la votazione nei Comizi, sul
Plebiscito espresso nel Decreto Dit-
tatoriale dei di 8 ottobre 1860, offre
per tutte le Provincie continentali
dell’Italia meridionale il risultato
generale di 1,312,376 votanti, dei
quali hanno votato affermativa-
mente 1,302,064 e negativamente
soli 10,312.

Che ciò importa piena ed assoluta
accettazione del Plebiscito mede-
simo, e che in conseguenza il popolo
delle Provincie continentali dell’
Italia meridionale vuole L’ITALIA
UNA ED INDIVISIBILE, CON VIT-
TORIO EMMANUELE II, RE CosTI-
TUZIONALE, E SUOI LEGITTIMI Dis-
CENDENTI.

Dopo di che il Presidente ha invi-
tato i componenti la Corte Suprema a
recarsi immediatamente nella Piazza
di S. Francesco da Paola, per annun-
ziarsi al pubblico dalla tribuna ivi ap-
positamente collocata il risultato del
detto scrutinio generale.

Arrivata la Corte Suprema all’in-
dicata piazza e preso posto nell'enun-
ciata tribuna, il Presidente Signor
Vincenzo NIUTTA ha annunziato all’
immenso Popolo quivi radunato il ri-
sultato dello scrutinio generale fatto
dalla Corte Suprema di Giustizia e
proclamato il Plebiscito nei termini
medesimi di sopra espressi.

Di tutto ciò è stato redatto il pre-
sente Verbale in tre originali, dei quali
uno sarà trasmesso al Ministro di
Giustizia e Grazia ed un altro al Min-
istro dell'Interno, ed il terzo rimarrà

643

Therefore the Supreme Court of
Justice declares:

That the voting in the conven-
tions on the plebiscite mentioned in
the dictatorial decree of October 8,
1860, shows for all the continental
provinces of Southern Italy a gen-
eral result of 1,312,376 voters, of
whom 1,302,064 voted affirmatively
and only 10,312 negatively.

That this implies a full and abso-
lute acceptance of the said plebis-
cite, and that consequently the peo-
ple of the continental provinces of
Southern Italy wish ITALY ONE AND
INDIVISIBLE, UNDER VICTOR EMAN-
UEL II, CoNsTITUTIONAL KING,
AND HIS LEGITIMATE DESCENDANTS.

Whereupon the President invited
the members of the Supreme Court
to betake themselves immediately to
the Piazza San Francesco da Paola
in order that the result of said general
count might be announced to the pub-
lic from the platform there erected
for the purpose.

The Supreme Court having arrived
at the said piazza and having taken its
position on the platform mentioned,
the President, Sig. VINCENZO NI-
UTTA, announced to the immense
crowd of people there gathered, the
result of the general count made by
the Supreme Court of Justice, and
proclaimed the plebiscite in the same
terms as expressed above.

Of all of which the present record
was drawn up in triplicate, one copy
to be transmitted to the Minister of
Justice and Grace and another to the
Minister of the Interior, while the

644

depositato nell’Archivio della Corte
Suprema di Giustizia, unitamente ai
Processi Verbali delle Giunte di Prov-
incia ed agli uffizi e documenti soprac-
cennati, il cui Elenco sottoscritto dal
Presidente e dal Cancelliere verrà
pure alligato al terzo originale anzi-
detto.

VINCENZO NIUTTA — NICOLA
SPACCAPIETRA — FEDERICO CASTRI-
OTA — DOMENCIO DALIA — GIO-

VANNI DE STASI — MICHELE ZAM-
PAGLIONE — LUIGI D'ALENA — NI-
COLO GIGLI — Gio. BATTISTA NIco-
LINI — BENIAMINO CARACCIOLO —
CALLISTO Rossi — GAETANO GRI-
MALDI — GREGORIO MORELLI -— Do-
MENICO CoLosimo — MICHELE PI-
RONTI — GIAMBATTISTA Sica — Do-
MENICO ABBATEMARCO — ANTON-
MARIA LANZILLI — GIUSEPPE VACCA
— RAFFAELE SACCOMANDI, Cancel-
here.

DOCUMENTS

third shall remain on file in the
archives of the Supreme Court of
Justice, together with the Formal
Minutes of the Provincial Boards and
the above-mentioned dispatches and
documents, a list of which, signed by
the President and Chancelor, shall
also be appended to the third original
copy aforementioned.

VINCENZO NIUTTA, NICOLA SPAC-
CAPIETRA, FEDERICO CASTRIOTA, Do-
MENICO DALIA, GIOVANNI DE STASI,
MICHELE ZAMPAGLIONE, LUIGI
D'ALENA, NıcoLo Giczi, Gio. BAT-
TISTA NICOLINI, BENIAMINO CARAC-
CIOLO, CALLISTO Rossi, GAETANO
GRIMALDI, GREGORIO MORELLI, Do-
MENICO CoLosimo, MICHELE PI-
RONTI, GIAMBATTISTA SICA, DOMEN-
ICO ABBATEMARCO, ANTONMARIA
LANZILLI, GIUSEPPE Vacca, Rar-
FAELE SACCOMANDI, Chancelor.

Formal Minute of the Result of the Plebiscite in Sicily as Announced by the
Supreme Court of Justice of Palermo. November 4, 1860 *

L'anno 1860 il giorno 4 novembre
in Palermo;

Alle ore 8 antimeridiane ;

La Corte Suprema di giustizia, com-
posta dei signori:

Pasquale Calvi, presidente;

Pietro Cirino, Vincenzo Errante,
Salvatore Schiavo, Antonino Gia-
conia, Giuseppe Pulese, Giuseppe

1Le Assemblee, vol. 15, p. 1029.

On the 4th day of November of
the year 1860 at Palermo

At 8 o’clock A. M.,

The Supreme Court of Justice,
composed of:

Messrs. Pasquale Calvi, President;

Pietro Cirino, Vincenzo Errante,
Salvatore Schiavo, Antonio Giaconia,
Giuseppe Pulese, Guiseppe Vinci

SICILY AND NAPLES, 1860

Vinci Orlando, Vincenzo Cacioppo,
consiglieri;

Antonino Ferro, giudice di Gran
Corte civile, col grado ed onori di vice-
presidente della stessa, destinato a ser-
vire in questa Corte Suprema, coll’
intervento del signor Francesco Cal-
cagno, avvocato generale, assistito dal
signor Cirino Caruso, vice-cancelliere ;

Si è riunita nel palazzo dei Tri-
bunali nell’aula delle sue ordinarie
sedute in esecuzione dell'articolo 4 del
decreto del Prodittatore del 15 ottobre
ultimo per esaminare in seduta per-
manente i verbali tutti dei comuni di
Sicilia contenenti il numero dei voti
pronunziati per plebiscito dalle popo-
lazioni dell’Isola, per Si, o No, sulla
proposizione scritta dall'articolo primo
nell’indicato decreto così concepita:

“Tl Popolo Siciliano vuole l’Italia
una ed indivisibile con Vittorio Eman-
uele Re costituzionale, ed i suoi legit-
timi discendenti.”

Raccolti tutti i verbali, e fattone il
dovuto scrutinio, si sono ottenuti i ri-
sultamenti che seguono:

(Sono riportati i votanti ed i voti
pel Sì e pel No per ciascun comune
della Sicilia.)

Totale votanti ....432,720
pel Sì 432053 pel No 667

Non si € tenuto conto dei voti nulli,
come pure non si è tenuta ragione dei
due verbali di Ustica e Mandanici, per
avere quelle popolazioni votato il Sì

645

Orlando, and Vincenzo Cacioppo,
counselors ;

Antonio Ferro, Judge of the High
Civil Court, with the rank and honors
of Vice-President thereof, designated
to serve in this Supreme Court, with
the cooperation of Sig. Francesco
Calcagno, Attorney General, assisted
by Sig. Cirino Caruso, Vice-Chan-
celor;

Convened in the Court House, in
its ordinary hall of sessions, in pur-
suance of article 4 of the decree of
the Pro-dictator of October 15 last,
in order to examine in permanent
session the records of all the com-
munes of Sicily containing the
number of votes cast by plebiscite
by the people of the Island, in the
form of Yeas or Nays, on the propo-
sition set forth in article 1 of the said
decree and worded as follows:

“ The Sicilian people wishes Italy
One and Indivisible under Victor
Fmanuel, Constitutional King, and
his legitimate descendants.”

Having gathered together all the
minutes and having duly examined
them, the following results were
found:

(The voters and the votes are re-
ported by Yeas and Nays for each
commune of Sicily.)

Total number voting . . 432,720
Yeas. . 432,053. Nays. . 667

No account was taken of the votes
which were null and void, and neither
were the two minutes for Ustica and
Mandanici taken into consideration,

646

per acclamazione, senza distinzione di
età e di sesso. Non si è del pari fatto
conto del verbale del comune di Ali
per non offrire le indicazioni del nu-
mero dei votanti, tanto pel Sì, quanto
pel No.

Si sono giudicati difettosi e però es-
clusi :

Primo, il verbale degli uffiziali am-
ministrativi dell’Intendenza militare
di Messina per aver votato col Sì i
diciannove individui sottoscritti sulla
seguente proposizione : |

Per l'annessione al Regno Italico
rappresentato dal Re costituzionale.

Secondo, quello del battaglione dei
Cacciatori dell'Etna, per aver votato
numero duecentotrentasei individui
pel Sì sulla seguente formola :

Per l'annessione al Regno costitu-
sionale di Vittorio Emanuele II e suoi
legittimi discendenti.

Terzo, del battaglione Siculo Co-
lina, per avere i duecento individui che
votarono pel Sì, seguita questa for-
mola:

Per l'annessione al Governo costitu-
cionale di Vittorio Emanuele II.

Formole tutte tre non conformi alla
proposizione scritta all'articolo 1 del
decreto Prodittatoriale del 15 ottobre
ultimo.

Finalmente non ha potuto ammet-
tersi un atto notarile qui pervenuto da
Torino esibito alla Corte Suprema di
giustizia, che mostra essersi presen-
tati in Torino a notar Giovanni Sig-
norelli numero diciannove individui

DOCUMENTS

because the people of those places
voted Yea by acclamation, without
distinction of age or sex. The record
of the commune of Ali was likewise
disregarded because it afforded no in-
dication of the number of voters vot-
ing either Yea or Nay.

The following were deemed defec-
tive and accordingly excluded:

Firstly, the record of the adminis-
trative officers of the Military Intend-
ancy of Messina because the nineteen
persons signing had voted: Yea on the
following proposition :

For annexation to the Italian King-
dom represented by the Constitutional
King.

Secondly, that of the battalion of
Chasseurs of Etna, because the two
hundred and thirty-six persons voted
Yea on the following proposition :

For annexation to the constitutional
Kingdom of Victor Emanuel II and
his legitimate descendants.

Thirdly, that of the Siculo Colina
battalion because the two hundred
persons who voted Yea used the fol-
lowing wording:

For annexation to the constitutional
Government of Victor Emanuel II.

None of these three forms of word-
ing is in conformity with the proposi-
tion as embodied in article 1 of the
decree of the Pro-Dictator of October
15.

Finally, it was impossible to admit
a notarial act received here from
Turin and exhibited to the Supreme
Court of Justice, showing that nine-
teen Sicilians went before notary
Giovanni Signorelli at Turin and

SICILY AND NAPLES, 1860

siciliani, i quali chiesero atto della
loro spontanea votazione, rispettiva-
mente espressa col Sì nella seguente
proposizione :

Sulla quistione dell'annessione im-
mediata di quella parte di Italia al
Regno costituzionale di Vittorio
Emanuele e suoi discendenti;

Che ognun vede quanto sia diversa
da quella indicata nel cennato decreto.

Compite tutte le operazioni, il Si-
gnor Presidente accompagnato dai
componenti la Corte Suprema si è
fatto al balcone di centro del Palazzo
dei Tribunali, ed ha proclamato i ri-
sultati del Plebiscito Siciliano, colle
seguenti parole:

Sulla proposizione: Il popolo
Siciliano vuole l’Italia una ed indi-
visibile con Vittorio Emanuele Re
costituzionale, ed i suoi legittimi di-
scendenti:

I voti pel Si sono stati quattro-
cento trentadue mila e cinquantatre.
I voti pel No sono stati seicento ses-
santasette.

Del tutto si e formato il presente
processo verbale in triplo originale
dalla Corte Suprema in Corpo, due al
Prodittatore, e conservarsi il terzo
nell'archivio di questa Corte Suprema
di giustizia, insieme a tutti verbali
originali di sopra indicati.

Chiuso nel giorno suddetto alle ore
due pomeridiane.

Pasquale Calvi, presidente.

Francesco Calcagno, avvocato gen-
erale; Pietro Cirino, Vincenzo Er-
rante, Salvatore Schiavo, Antonio

647

asked that a record be made of their
spontaneous votes, respectively ex-
pressed by Yea on the following
proposition :

On the question of the immediate
annexation of that part of Italy to the
constitutional Kingdom of Victor
Emanuel and his descendants.

Any one can see how much the
foregoing differs from the form in-
dicated in the aforementioned decree.

After counting all the returris, the
President, in company with two
members of the Supreme Court, went
to the central balcony of the Court
House and proclaimed the results of
the Sicilian plebiscite in the follow-
ing words:

On the proposition: The Sicil-
ian people wishes Italy one and in-
divisible under Victor Emanuel,
Constitutional King, and his legiti-
mate heirs:

The votes were: Yeas, four
hundred and thirty-two thousand
and fifty-three; Nays, six hundred
and seventy-seven.

Of all of which the present record
was prepared in triplicate by the
Supreme Court in a body, two copies
being for the Pro-Dictator and the
third being kept in the archives of this
Supreme Court of Justice, together
with all the original records indicated
above.

Closed on the aforementioned date
at 2 o'clock P. M.

Pasquale Calvi, President.

Francesco Calcagno, Attorney-Gen-
eral; Pietro Cirino, Vincenzo Errante,
Salvatore Schiavo, Antonio Giaconia,

648

Giaconia, Giuseppe Pulese, Giuseppe

Vinci Orlando, Vincenzo Cacioppo,

Antonino Ferro, Cirino Caruso, vice-

cancelliere.

Il consigliere di Luogotenenza pel
Dicastero di grazia e giustizia,

FILIPPO ORLANDO.

Presentation of the Plebiscite of Naples to Victor Emanuel.

DOCUMENTS

Giuseppe Pulese, Giuseppe Vinci Orl-
ando, Vincenzo Cacioppo, Antonio
Ferro, Cirino Caruso, Vice-Chancelor.

Counselor of Lieutenancy of the
Department of Grace and Jus-
tice,

FILIPPO ORLANDO.

November 7,

1860 *

Alle ore undici, questa mane, la
Maestà del Re Vittorio Emanuele,
nella gran sala del Trono, circondato
dai grandi dignitari della Corona, dal
suo stato maggiore, e con S. E. il cav.
Carlo Luigi Farini, suo ministro di
Stato, ha ricevuto sl Dittatore generale
Garibaldi e Pattual Ministero di Stato.
Il Dittatore si è avanzato verso tl real
Trono, ed sl ministro dell'interno e
polizia signor Raffaele Confort: ha
pronunziato queste parole:

SIRE!

“* Il popolo napolitano, raccolto nei
comizi, ad immensa maggioranza vi
ha proclamato suo Re. Nove milioni
d'Italiani si uniscono alle altre pro-
vincie rette dalla Maestà Vostra con
tanta sapienza, e verificano la vostra

solenne promessa, che l’Italia dev”:

essere degl'Italiani.”

AI che la Maestà Sua si è degnata
rispondere con brevi parole, calde di
nobili e generosi sensi italiani. Dopo

1Le Assemblee, vol. 11, p. 655.

At 11 o’clock this morning His
Majesty King Victor Emanuel, in the
great Hall of the Throne, surrounded
by the great dignitaries of the Crown,
by his general staff, and by H. E. Cav.
Carlo Luigi Farini, his Minister of
State, recetved the Dictator General
Garibaldi and the Minister of State in
Office. The Dictator advanced to-
ward the royal throne and the
Minister of the Interior and Police,
Sig. Raffaele Conforti, spoke the fol-
lowing words:

SIRE:

“ The Neapolitan people, gathered
in assemblies, have by an immense
majority proclaimed you their King.
Nine million Italians unite with the
other provinces ruled by Your Maj-
esty with so much wisdom, and verify
your solemn promise that Italy is to
belong to the Italians.”

To which His Majesty deigned to
reply in brief words, warm with noble
and generous Italian meaning. After

SICILY AND

di ció e stato rogato e sottoscritto nelle
debite forme l’atto solenne di unione.

Frano presenti a questa solennità,
oltre al Dittatore ed ai ministri coi
direttori del Ministero, il sindaco coi
rappresentanti del Municipio di Na-
poli, i grandi uffiziali della Corona, il
tenente generale comandante della
Guardia nazionale col generale co-
mandante di quella della provincie di
Napoli e coi loro stati maggiori, il

Consiglio di Stato, la Corte Suprema:

di giustizia, i capi della Gran Corte
de'conti, della Gran Corte civile e
della Gran Corte criminale, il vice-
presidente del Consiglio generale di
pubblica istruzione, ecc.

NAPLES, 1860

649

this the solemn act of union was
drawn up and signed.

This solemnity was attended by the
Dictator and the Ministers together
with the Chiefs of Division of the
Ministry, besides the representatives
of the Municipality of Naples, the
high officers of the Crown, the
Lieutenant General in command of the
National Guard together with the
General in Command of the National
Guard of the Province of Naples and
their general staffs, the Council of
State, the Supreme Court of Justice,
the heads of the High Court of Ac-
counts, of the High Civil Court, and
of the High Criminal Court, the Vice-
President of the General Board of
Public Instruction, etc.

Royal Proclamation Accepting the Vote of the Neapolitan and Sicilian Peo-

ples.

Il suffragio universale mi dà la
sovrana potestà di queste nobili prov-
incie.

Accetto quest'altro decreto della vo-
lontà cazionale, non per ambizione di
regno, ma per coscienza d italiano.

Crescono i miei, crescono i doveri
di tutti gli Italiani. Sono più che mai
necessarie la sincera concordia e la
costante abnegazione. Tutti i partiti
debbono inchinarsı dinnanzi alla
Maestà dell’Italia che Dio solleva.

1Le Assemblee, vol. ii, p. 655.

November 7, 1860 !

The dictum of universal suffrage
confers upon me the sovereign power
over these noble provinces.

I accept this further decree of the
national will, not out of ambition to
rule, but on my conscience as an
Italian.

My own duties and those of all
Italians are growing. It is more than
ever necessary that sincere concord
and constant self-denial should pre-
vail. All parties must bow to the
majesty of Italy, which God is lift-

ing up.

650

All’Europa dobbiamo addimostrare
che, se l’irresistibile forza degli eventi
superò le convenzioni fondate nelle
secolari sventure d'Italia, noi sap-
piamo ristorare, nella nazione unita,
Pimpero di quegli immutabili dommi
senza de'quali ogni società è inferma,
ogni autorità combattuta ed incerta.

Napoli, 7 novembre 1860.
VITTORIO EMMANUELE.

DOCUMENTS

We must demonstrate to Europe
that if the irresistible force of events
overcame the conventions established
during the centuries of misfortunes
of Italy, we know how to restore, in
the united Nation, the prevalence of
those immutable dogmas without
which any society is weak and any
authority disputed and uncertain.

Naples, November 7, 1860.

VICTOR EMANUEL.

Proclamation of Victor Emanuel to the People of Sicily on Entering Palermo.
December 1, 1860 !

POPOLI DELLA SICILIA!

Coll’animo profondamente com-
mosso io metto il piede ir quest'Isola
illustre che già, quasi augurio dei pre-
senti destini d’Italia, ebbe per Prin-
cipe uno degli Avi miei che a’giorni
nostri elesse a suo Re il mio rimpianto
fratello; e che oggi mi chiama con
unanime suffragio a stendere su di
essa i benefizi del viver libero e dell’
unità nazionale.

Palermo, 1° dicembre 1860.
VITTORIO EMMANUELE.
G. B. CASSINIS.

1Le Assemblee, vol. 15, p. 1032.

PEOPLES OF SICILY !

With my soul deeply stirred I set
foot on this illustrious Island, which,
as it were presaging the present des-
tinies of Italy, had a Prince who was
one of my ancestors and which, in
our own day, elected my lamented
brother. Today it calls me by unani-
mous vote to extend to it the benefits
of free existence and national unity.

Palermo, December 1, 1860.
VICTOR EMANUEL.
G. B. CASsINIS.

SICILY AND NAPLES, 1860

651

Formal Minute of the Acceptance of the Sicihan Plebiscite by King Victor

Emanuel.

L’anno mille ottocento sessanta, il
di due dicembre alle ore 11 A. m. in
Palermo nel Real Palazzo e nella sala
del Tesoro, alla presenza di S. M. il
Re Vittorio Emanuele II, assistendo
al presente atto il ministro di grazia e
giustizia e degli affari ecclesiastici,
cav. Giovan Battista Cassinis, S. E. il
ministro della guerra, generale d’ar-
mata Manfredo Fanti, gli aiutanti di
campo, gli officiali di ordinanza e le
altre persone della Casa e del seguito
di S. M., l'arcivescovo di Palermo, il
giudice della Monarchia, la Magistra-
tura ed il Municipio di Palermo ed
altri funzionari civili e militari, è in-
trodotto il signor Antonio Mordini,
deputato al Parlamento Nazionale,
Prodittatore per il generale Garibaldi
in Sicilia, il quale a nome del detto
Generale presenta alla M. S. il risulta-
mento del Plebiscito, con cui il popolo
dell'Isola di Sicilia, convocato in
comizi il di 21 ottobre per suffragio
universale diretto, ha dichiarato con
voti affermativi quattrocentotrenta-
duemila e cinquantatre, contro voti
negativi seicentosessantasette di

Volere l'Italia una ed indivisibile
con Vittorio Emanuele suo Re Costi-
tuzionale e coi suoi legittimi discen-
denti:

Sua Maestà il Re, nell'accettare per
sè e pei suoi legittimi discendenti il

1 Le Assemblee, vol. 15, p. 1030.

December 2, 1860 1

At 11 o'clock A. m. on the 2d day
oí December of the year 1860, at
Palermo, in the Royal Palace and in
the Treasury hall, in the presence of
H. M. King Victor Emanuel II, the
present act being witnessed by Sig.
Giovan Battista Cassinis, Minister of
Grace and Justice and Ecclesiastical
Affairs; His Excellency Naval Gen-
eral Manfredo Fanti, Minister of
War; the aides-de-camp, the orderly
officers, and the other members of the
Household and suite of His Majesty;
the Archbishop of Palermo, the Judge
of the Monarchy, the Magistracy and
the Municipality of Palermo, and
other civil and military officials, there
was introduced Sig. Antonio Mordini,
deputy to the National Parliament,
Pro-Dictator for General Garibaldi in
Sicily, who, on behalf of the said
General, presented to His Majesty the
result of the plebiscite, whereby the
people of the Island of Sicily, called
together in popular assemblies on
October 21 for the purpose of exer-
cising the right of direct universal
suffrage, declared, with 432,053 af-
firmative as against 677 negative
votes, that they

Wished Italy one and indivisible
under Victor Emanuel, its Constitu-
tional King, and under his legitimate
descendants.

His Majesty the King, in accepting
for himself and for his legitimate de-

652

risultamento del plebiscito, esprime
quanto gli sia grato che l'Isola di Si-
cilia, celebre per patrie tradizioni, già
avvinta alla sua Casa per antiche e
recenti memorie, ora si unisca alla
libera famiglia italiana e concorra così
alla grande opera dell'unificazione
della indipendenza nazionale.

Di tutto ciò il ministro di grazia e
giustizia d'ordine del Re ha rogato il
presente processo verbale, sottoscritto
da Sua Maestà, dal Prodittatore di
Sicilia, dai segretari della Proditta-
tura, dall'Arcivescovo di Palermo, da
Monsignor giudice della Monarchia,
dal Presidente della Cassazione e Su-
prema Corte di giustizia, dal Presi-
dente della Gran Corte dei conti, dal
Presidente della Gran Corte civile,
dal Presidente e dal Procuratore
Generale della Gran Corte criminale,
dal Presidente e Procuratore generale
del Tribunale civile, dal Pretore, dal
Governatore della Provincia, dall’
Ispettore generale e comandante della
Guardia nazionale, controsegnato dal
. ministro della guerra e dal ministro
di grazia e giustizia, e munito del gran
sigillo dello Stato.

L'originale del presente processo
verbale sarà depositato e conservato
nell'Archivio generale del Regno.

VITTORIO EMANUELE.
ANTONIO MORDINI
ENRICO PARISI
NicoLò FABRIZI

DOCUMENTS

scendants the result of the plebiscite,
expressed his gratification that the
Island of Sicily, celebrated for its
patriotic traditions and already bound
to his Household by ancient and re-
cent memories, now joined the free
Italian family and thus contributed to
the great work of the unification of
the national independence.

Of all of which the Minister of
Grace and Justice, by order of the
King, drew up the present formal
minute, signed by His Majesty, by the
Pro-Dictator of Sicily, by the secre-
taries of the Pro-Dictator, by the
Archbishop of Palermo, by the Hon-
orable Judge of the Monarchy, by the
President of the Court of Cassation
and the Supreme Court of Justice, by
the President of the High Court of
Accounts, by the President of the
High Civil Court, by the President
and the Solicitor General of the High
Criminal Court, by the President and
the Solicitor General of the Civil
Tribunal, by the Praetor, by the Gov-
ernor-General of the Province, and
by the Inspector-General and Com-
mander of the National Guard, being
countersigned by the Minister of War
and by the Minister of Grace and
Justice, with the great seal of the
State affixed.

The original of the present rec-
ord shall be deposited and preserved
in the general archives of the King-
dom.

VICTOR EMANUEL.
ANTONIO MORDINI.
ENRICO PARISI.
NicoLò FABRIZI.

SICILY AND NAPLES, 1860

GREGORIO UGDULENA

DoMENICO PIRAINO

DoMENICO PERANNI

GIORGIO TAMAJO

GIOVAN BATTISTA FAUCHÉ

PAOLO ORLANDO

PIETRO SCROFANI

GIOVAN BATTISTA NASELLI, arctves-
covo di Palermo

PIETRO CALI, presidente della Gran
Corte civile

DoMENICO ARISTA, presidente della
Gran Corte criminale

GAETANO MELLI, procuratore gene-
rale della Gran Corte criminale

ANTONIO GARAJO, giudice di Corte
criminale funzionante da presidente
del Tribunale civile

FRANCESCO NOBILE, Regio procura-
tore presso il Tribunale civile

Canonico CIRINO RINALDI, giudice
della Monarchia ed Apostolica
Legazia

PASQUALE CALVI, presidente della
Suprema Corte di giustizia

PIETRO SCROFANI, presidente della
Gran Corte dei conti.

GiuLio BENSO, duca di Verdura, Pre-
tore di Palermo

Duca DI CESARO, governatore della
provincia di Palermo

AMATO PAULET, ispettore generale

NICOLO TURRISI-COLONNA, coman-
dante della Guardia nazionale. |

Il ministro della guerra, MANFREDO
FANTI.

Il ministro di grazia e giustizia e
degli affari ecclestastici

G. B. CASSINIS.

653

GREGORIO UGDULENA.

DOMENICO PIRAINO.

DOMENICO PERANNI.

GIORGIO TAMAJO.

GIOVAN BATTISTA FAUCHÉ.

PAOLO ORLANDO.

PIETRO SCROFANI.

Giovan BATTISTA NASELLI, Arch-
bishop of Palermo.

PIETRO CALI, President of the High
Civil Court.

Domenico ARISTA, President of the
High Criminal Court.

GAETANO MELLI, Solicitor General of
the High Criminal Court.

ANTONIO GARAJO, Judge of the
Criminal Court acting as President
of the Civil Tribunal.

FRANCESCO Noir, Royal Solicitor
before the Civil Tribunal.

CANONICO GIRINO RINELDI, Judge of
the Monarchy and Apostoli Le-
gate.

PASQUALE CALVI, President of the
Supreme Court of Justice.

PIETRO SCROFANI, President of the
High Court of Accounts.

GiuLio Benso, Duke of Verdura,
Praetor of Palermo.

Duke OF CESARO, Governor of the
Province of Palermo.

AMATO PAULET, Inspector General.
NicoLò TURRISI-COLONNA, Com-
mander of the National Guard.
Minister of War, MANFREDO FANTI.

Minister of Grace and Justice and of
Ecclesiastical Affairs
G. B. CASSINIS.

654

DOCUMENTS

Royal Decree of Annexation of the Neapolitan Provinces to the Kingdom of

Italy.

VITTORIO EMANUELE II, Ecc.

Visto il Plebiscito sottoposto al
suffragio universale e diretto del
Popolo delle Provincie Napoletane
convocato in Comizi il 21 scorso Otto-
bre;

Visto il Processo Verbale di presen-
tazione e di accettazione di tale Ple-
biscito, seguito in Napoli il giorno 8
scorso Novembre;

Vista la Legge del 3 corrente mese
con cui il Governo del Re è auto-
rizato ad accettare e stabilire per De-
creti Reali l'annessione allo Stato di
quelle Provincie dell’Italia Centrale e
Meridionale, nelle quali si manifesti
liberamente per suffragio diretto uni-
versale la volontà di far parte inte-
grante della Nostra Monarchia Costi-
tuzionale;

Udito il Consiglio dei Ministri;

Abbiamo decretato e decretiamo :

ART. 1. Le Provincie Napoletane
faranno parte integrante dello Stato
Italiano dalla data del presente De-
creto.

ART. 2. L'articolo 82 dello Sta-
tuto, concui è stabilito che fino alla
prima riunione delle due Camere il
Governo provvederà al pubblico ser-
vizio con Sovrane disposizioni, sarà
applicabile alle Provincie suddette sino
alla riunione del Parlamento Na-
zionale, fermi, rimanendo i poteri
prima d'ora da Noi conferiti al Nos-

1 Le Assemblee, vol. 11, p. 659.

December 17, 1860 !

VICTOR EMANUEL II, eErc.,

In view of the plebiscite submitted
to the universal and direct suffrage
of the people of the Neapolitan prov-
inces convoked in assemblies on the
21st of October last;

In view of the record of presenta-
tion and acceptance of said plebiscite,
occurring at Naples on November 8
last ;

In view of the law of the 3d in-
stant, authorizing the King's Gov-
ernment to accept and establish by
royal decrees the annexation to the
State of those provinces of Central
and Southern Italy in which the de-
sire is freely manifested by direct uni-
versal suffrage to constitute an in-
tegral part of our Constitutional
Monarchy ;

And after hearing the Council of
Ministers,

Have decreed and do decree:

ARTICLE 1. The Neapolitan prov-
inces shall form an integral part of
the Italian State from the date of the
present decree.

Art. 2. Article 82 of the Consti-
tution, prescribing that until the first
meeting of the two Chambers the
Government shall provide for the
public service by means of sovereign
measures, shall be applicable to the
aforementioned provinces until the
meeting of the National Parliament,
the powers hitherto conferred by us

UMBRIA AND THE MARCHES, 1860

tro Luogotenente Generale delle Pro-
vincie Napoletane.

Ordiniamo che il presente Decreto,
munito del Sigillo dello Stato, sia in-
serto nella Raccolta degli Atti del
Governo e pubblicato nelle Provincie
suddette, mandando a chiunque spetti
di osservarlo e di farlo osservare.

Dato a Napoli, addì 17 dicembre
1860.

VITTORIO EMANUELE.

G. B. Cassınıs — M. FANTI — C.
Cavour — M. MINGHETTI — F. S.
VEGEzzI — S. JACINI — T. Mami-
ANI — T. Corsi.

655

upon our Lieutenant General of the
Neapolitan provinces remaining in-
tact.

We order that the present decree,
with the seal of State affixed, be in-
serted in the Collection of Acts of the
Government and published in the
aforementioned provinces, command-
ing all concerned to observe it and
cause it to be observed.

Given at Naples, December 17,
1860.

VICTOR EMANUEL.

G. B. Cassinis — M. FANTI — C.
Cavour — M. MINGHETTI — F. S.
VEGEZZI — S. JACINI — T. MAMI-
ANI — T. Corsi.

UMBRIA AND THE MARCHES, 1860

Appointment of Lorenzo Valerio as Commissioner General Extraordinary for

the Provinces of the Marches.

VITTORIO EMANUELE II

RE DI SARDEGNA, DI CIPRO E DI GERU-
SALEM ME, DUCA DI SAVOIA E DI GE-
NOVA, PRINCIPE DI PIEMONTE, ECC.
ECC. ECC.

Sulla proposta del Nostro Ministro
segretario di Stato per gli affari dell’-
interno;

Sentito il Consiglio dei ministri;

Abbiamo ordinato e ordiniamo
quanto segue :

Art. 1. Il signor Lorenzo Va-
lerio, governatore della provincia di

1 Le Assemblee, vol. 1, p. 771.

September 12, 1860 !

VICTOR EMANUEL II

KING OF SARDINIA, OF CYPRUS, OF
JERUSALEM, DUKE OF SAVOY AND
OF GENOA, PRINCE OF PIEDMONT,
ETC., ETC., ETC.

At the proposal of our Minister,
Secretary of State for Internal Af-
fairs, having heard the Council of
Ministers.

We have ordered and we do order
as follows:

ARTICLE l. Signor Lorenzo Va-
lerio, Governor of the Province of

656

Como, e nominato Nostro Commis-
sario generale straordinario nelle
provincie delle Marche.

Art. 2. Tutte le autorità nelle
provincie delle Marche sono poste
sotto l'immediata dipendenza del Nos-
tro Commissario straordinario.

Art. 3. Il predetto Nostro Com-
missario dipenderà «dal Nostro minis-
tro dell'interno.

Dato a Torino, addì 12 settembre
1860
VITTORIO EMANUELE.
FARINI.

DOCUMENTS

Como, is appointed our Commission-
er General Extraordinary in the
Provinces of the Marches.

ART. 2. All the authority of the
Provinces of the Marches is placed
under the immediate control of our
Commissioner Extraordinary.

ART. 3. The aforesaid Com-
missioner will be under Our Minis- .
ter of the Interior.

Given at Turin on the 12th of Sep-
tember, 1860
VICTOR EMANUEL.
FARINI.

Appointment of Gioacchino Pepoli as Commissioner General for Umbria.
September 12, 1860 *

VITTORIO EMANUEL II

RE DI SARDEGNA, DI CIPRO E DI GERU-
SALEMME, DUCA DI SAVOIA E DI GE-
NOVA, PRINCIPE DI PIEMONTE, ECC.
ECC. ECC.

Sulla proposta del ministro segre-
tario di Stato per gli affari dell’in-
terno;

Sentito il Consiglio dei ministri;

Abbiamo ordinato e ordiniamo
quanto segue:

‘Art. 1. Il marchese Gioacchino
Napoleone Pepoli, deputato al Par-
lamento, è nominato Nostro Commis-
sario generale straordinario nelle pro-
vincie dell’ Umbria.

Art. 2. Tutte le autorita delle

1 Le Assemblee, vol. 1, p. 771.

VICTOR EMANUEL II

KING OF SARDINIA, OF CYPRUS, OF JE-
RUSALEM, DUKE OF SAVOY AND OF
GENOA, PRINCE OF PIEDMONT, ETC.,
ETC., ETC.

On the proposal of the minister
Secretary of State of Affairs of the
Interior:

Having heard the council of minis-
ters:

We have ordered and we order, as
follows :

ARTICLE 1. The Marquis Gioac-
chino Napoleone Pepoli, delegate to
Parliament, is appointed our Com-
missioner General Extraordinary in
the Provinces of Umbria.

Art. 2. All the authorities of the

UMBRIA AND THE MARCHES, 1860

provincie dell'Umbria sono poste sotto
l'immediata dipendenza del Nostro
Commissario straordinario.

Art. 3. Il predetto Nostro Com-
missario dipenderà dal Nostro minis-
tro dell’interno.

Dato a Torino, addi 12 settembre
1860.
VITTORIO EMANUELE.
FARINI.

657

provinces of Umbria are placed under
the immediate control of our Commis-
sioner Extraordinary.

Art. 3. The aforesaid Commis-
sioner shall be under our Minister of
the Interior.

Given at Turin, September 12th,
1860.
VICTOR EMANUEL.
. FARINI.

Convocation of the Popular Assemblies of the Provinces of the Marches to
Vote on the Question of Union with the Constitutional Kingdom of Italy.

October 21, 1860 *

IN NOME DIS. M. IL RE VITTORIO
EMANUELE II

IL GOVERNATORE DELLA
PROVINCIA DI COMO

R. COMMISSARIO GENERALE STRAOR-
DINARIO NELLE PROVINCIE DELLE
MARCHE.

Considerando che i Popoli delle
Marche da oltre un decennio con ogni
maniera di manifestazioni protesta-
rono contro la mala signoria clericale
che protetta da forze straniere li op-
primeva;

Considerando che la .volontà di
questi Popoli di far parte della
Grande Famiglia Italiana fu nobil-
mente attestata dai volontari accorsi
in gran numero nell’anno passato tra
le file del Regio Esercito a combattere
la guerra dell'Indipendenza, e da quelli
che nell’Italia Meridionale combat-

1Le Assemblee, vol. 1, p. 773.

IN THE NAME OF HIS MAJESTY, KING
VICTOR EMANUEL II

THE GOVERNOR OF THE
PROVINCE OF COMO

THE ROYAL COMMISSIONER GEN-
ERAL EXTRAORDINARY IN THE PROV-
INCES OF THE MARCHES.

Considering that the people of the
Marches for more than a decade
have by every kind of manifestation
protested against the evil clerical gov-
ernment which, aided by foreign
power has oppressed them;

Considering that the will of these
people to form a part in the Great
Italian Family was nobly attested by
volunteers, gathered in great numbers
in the past year to the ranks of the
royal army, to fight the war of inde-
pendence, and by those who in Cen-
tral Italy still fight against a Mon-

658

tono ancora contro una Monarchia
più volte spergiura ed alleata ai nemici
d'Italia;

Considerando che il giusto malcon-
tento popolare irruppe nel mese di
giugno del 1859 e fu compresso da
mercenari soldati straniere; che, ag-
gravati i mali, e resa insopportabile
la quotidiana offesa al diritto di citta-
dini ed alla dignità d'uomini, questi
Popoli insorsero di nuovo nel settem-
bre di quest'anno; e che il grido degl’
insorti proclamò l’una volta e l’altra
l'annessione alla Monarchia Costitu-
zionale ed Italiana di Vittorio Eman-
uele II;

Considerando che i Municipi ed
ogni ordine di cittadini di queste Pro-
vincie con Deputazioni e Indirizzi, in-
vocarono il soccorso delle armi del Re
Vittorio Emanuele, esprimendo fin
d'allora la decisa volontà di apparte-
nere alla sua gloriosa Monarchia; la
quale volontà poi coll’universale entu-
siasmo confermarono al Re stesso nel
suo passaggio per queste Provincie;

Considerando il diritto imprescrit-
tibile di questi Popoli alla nazionalità
italiana;

Considerando che tutti i Popoli
dell’Italia aspirano con meravigliosa
concordia a costituire una grande Na-
zione in uno Stato solo, forte, libero
e civile;

Considerando che gli Stati più civili
d'Europa o si fondano sulla larga base
del voto universale o ne riconoscono il
diritto; e che questo voto, espresso
nell'Emilia e nella Toscana, condusse
ad un assetto politico che la Nazione

DOCUMENTS

archy many times perjured and allied
with the enemies of Italy;

Considering that the just populaı
discontent broke out in the month of
June, 1859, and was suppressed by
inercenary foreign soldiers; that the
evils being aggravated and made in- *
supportable by daily offences against
the rights of the citizens and the dig-
nity of manhood, these people rose up
again in September of this year; and
that the cry of the insurgents again
and again called for annexation to the
Constitutional and Italian Monarchy
of Victor Emanuel II;

Considering that the Municipali-
ties and every order of citizens of
these Provinces, with deputations and
addresses, have invoked the help of
the armies of King Victor Emanuel,
expressing even from the beginning
the decisive wish to belong to his
glorious Monarchy; which wish they,
with universal enthusiasm, confirmed
to the King himself in his passage
through these provinces;

Considering the imprescriptible
right of these people to Italian na-
tionality ;

Considering that all the people of
Italy aspire with marvelous accord to
the establishment of a great Nation
in a single state, strong, free and
civilized ;

Considering that the most civilized
states of Europe are founded either
upon a broad basis of universal suf-
frage or recognize its right; and that
this suffrage, expressed in Emilia and
in Tuscany, led to a political adjust-

UMBRIA AND THE MARCHES, 1860

intera è preparata in ogni evento a
mantenere e difendere;

Considerando che giova constatare
regolarmente la ferma volontà di
questi Popoli, in modo che assicuri la
verità, la libertà e la sincerità del voto;

In virtù del potere conferitigli col
Decreto Reale 12 settembre 1860.

DECRETA:

Art. 1. Il Popolo delle Provincie
delle Marche è convocato pei giorni
4 e 5 del novembre prossimo in Co-
mizi per statuire con Plebiscito sulla
seguente domanda: Volete far parte
della Monarchia Costituzionale del Re
VITTORIO EMANUELE II?

Il voto sarà espresso per Sì o per
No col mezzo di un bollettino scritto o
stampato ed a scrutinio secreto.

Art. 2. Sono chiamati a dare il
voto tutti i cittadini che hanno com-
piuti i 21 anni, domiciliati nel
Comune, e che si trovino nel godi-
mento dei diritti civili.

Sono esclusi dal dare il voto tutti
coloro, i quali sono colpiti da con-
danna per imputazione di frode, di
furto, di bancarotta con falsità, come
pure coloro i quali per sentenza sono
dichiarati falliti.

Art. 3. Dalle Commissioni mu-
nicipali, definitive o provvisorie, sa-
ranno in ciascun Comune formate le
liste dei votanti a termini dell’articolo
precedente, le quali verranno pubbli-

659

ment which the entire nation is pre-
pared to maintain and defend in any
event ;

Considering that it is of advantage
to make known in formal fashion the

firm determination of these people,

so that the truth, the liberty and the
sincerity of the vote may be assured;

By virtue of the power conferred
upon him by the Royal decree of Sep-
tember 12th, 1860.

DECREES :

ARTICLE 1. The people of the
Provinces of the Marches are con-
voked to meet on the 4th and 5th days
of November next to decide by plebis-
cite the following question: “ Do you
wish to form a part of the Constitu-
tional Monarchy of King Victor
EMANUEL II?”

The vote shall be expressed by
“yes” or “no” by means of a writ-
ten or printed ballot and by secret
ballot.

Art. 2. All those citizens who
have completed their 21st year, who
are domiciled in the community and
enjoy civil rights are summoned to :
vote.

All those are excluded from voting
who have been condemned for
fraudulent bankruptcy and also those
who by sentence have been declared
bankrupt.

Art. 3. In each commune the
Municipal Commission, whether per-
manent or provisional, shall draw up
the list of those entitled to vote by
the terms of the preceding article,

660

cate ed affisse nei luoghi soliti pel
giorno 31 del corrente mese.

I reclami contro le dette liste sa-
ranno prodotti fra le ventiquattro ore
seguenti nanti la rispettiva Commis-
sione municipale, la quale deciderà
definitivamente non più tardi del 2
novembre successivo.

ART. 4. Coloro che, non essendo
iscritti sulla lista del loro Comune fa-
ranno constare di avere le condizioni
contemplate negli articoli precedenti,
saranno ammessi alla votazione.

ART. 5. Lo scrutinio sarà aperto
nel Capoluogo di ciascun Comune
coll’assistenza della Commissione mu-
nicipale, ed avrà principio alle ore 9
del mattino e terminerà alle 5 della
sera.

Ad un tale effetto saranno per cura
di ciascuna Commissione municipale
distribuiti prima e durante la vota-
zione bollettini in istampa esprimenti
un Sì ed un No, di cui i cittadini po-
tranno valersi per deporre il loro voto
nella urna che verrà per quest'oggetto
disposta nella sala dell'adunanza.

Art. 6. Nei Comuni che hanno
più di 1000 elettori, le Commissioni
municipali potranno per comodo dei
votanti dividerli in sezioni non mi-
nori di 500.

In tal caso le sezioni saranno presie-
dute da uno dei membri della Com-
missione municipale, assistito da quat-
tro cittadini designati preventivamente
dalla Commissione municipale mede-
sima.

DOCUMENTS

which list shall be published and post-
ed in the usual places on the 31st day
of the present month.

Complaints against the said lists
shall be made during the following
twenty-four hours before the respec-
tive Municipal Commissions, which
shall decide definitely not later than
the 2nd of November following.

ART. 4. Those who, not being
registered on the lists of their com-
mune, have established the qualifica-
tions stated in the preceding articles,
shall be 'admitted to the polls.

Art. 5. The polls shall be opened
in the headquarters of each commune
in the presence of the Municipal Com-
mission, and shall open at 9 o’clock in
the morning and shall close at 5 in the
evening.

For this purpose there shall be dis-
tributed, under the supervision of
each municipal commission, before
and during the voting, printed ballots,
expressing a “yes” or “no,” which
each citizen can make use of to put
his vote in the urn, which shall be
placed for this purpose in the Assem-
bly Hall.

Art. 6. In the communes having
more than 1000 electors, the munici-
pal commissions, for the convenience
of the voters, may divide themselves
into sections of not less than 500.

In such case, the sections shall be
presided over by one of the members
of the Municipal Commission, assisted
by four citizens chosen exclusively by
the same Municipal Commission.

UMBRIA AND THE MARCHES, 1860 661

Tre almeno dei membri delle Com-
missioni anzidette si troveranno sem-
pre presenti alla votazione. Essi po-
tranno farsi assistere da segretari da
loro chiamati.

Il Presidente è incaricato della po-
lizia dell Adunanza e di prendere le
necessarie precauzioni onde assicurare
l'ordine e la tranquillità. Avrà a sua
disposizione la Guardia nazionale.

Nessuna forza armata può essere
collocata, senza la richiesta del Presi-
dente, nella sala delle votazioni.

Le Autorità civili ed i Comandanti
militari sono tenuti ad obbedire ad
ogni sua richiesta.

Art. 7. Il votante, prima di de-
porre la sua scheda nell'urna, dovrà
dichiarare il suo nome, che verrà no-
tato da uno dei membri componenti
l’Uffizio o dal segretario.

Art. 8. Alle ore 5 pomeridiane
del giorno 4, l’urna sarà pubblica-
mente suggellata dalla Commissione
‘che avrà presieduto all'adunanza, la
quale e responsabile della sua custodia
e della integrità dei sigilli.

Art. 9. Chiuso il scrutinio del
giorno 5, le urne suggellate saranno
portate da due almeno dei membri
della Commissione suddetta e conse-
gnate al rispettivo Giusdiscente, il
quale insieme con essi ne farà pubbli-
camente lo spoglio.

Art. 10. I Giusdicenti trasmette-
ranno immediatamente il processo ver-
bale, firmato da loro e dai membri
presenti delle Commissioni municipali,
constatante il risultato della votazione,

Three members at least of the
aforesaid commissions shall always be
present at the voting. These may be
assisted by secretaries appointed by
them.

The President is charged with
maintaining order in the Assembly
and with taking the necessary precau-
tions by which to secure order and
quiet. He shall have the National
Guard at his disposal. No armed
force shall be called into the hall of
voting except on demand of the
President.

The civil authorities and the mili-
tary commanders are bound to re-
spond to all his requests.

ART. 7. The voter, before putting
his ballot in the urn, must declare his
name, which shall be noted by one of
the members of the commission or by
the secretary.

ART. 8. At 5 o’clock in the after-
nóon of the 4th, the urn shall be pub-
licly sealed by the commission which
has presided in the assembly, and
which shall be responsible for the
custody and the integrity of the seals.

ART. 9. When the vote of No-
vember 5th has been closed, the sealed
urns shall be carried by at least two
of the members of the aforesaid com-
mission and consigned to the respec-
tive justice, who with these shall pub-
licly count the votes.

Art. 10. The justices shall im-
mediately give out the formal minute
of proceedings signed by them and by
the members of the municipal commis-
sion present, announcing the result ot

662

al Commissario della rispettiva Pro-
vincia.

ART. 11. Il giorno 9 i Presidenti
dei Tribunali di prima istanza delle
Provincie delle Marche, riuniti in
Ancona sotto la Presidenza del Presi-
dente del Tribunale d’appello di Mace-
rata, ricevuti dai Commissari provin-
ciali i processi verbali portanti i risul-
tati parziali di cui all’articolo prece-
dente, ne faranno lo spoglio generale
in seduta pubblica, e lo rimetteranno
al Regio Commissario generale straor-
dinario. |

Il presente Decreto sarà pubblicato
ed inserto nella Raccolta ufficiale degli
Atti del Regio Commissario generale
straordinario, mandandosi a chiunque
spetta di osservarlo e di farlo osser-
vare.

Dato in Ancona, 21 ottobre 1860.

LORENZO VALERIO.

DOCUMENTS

the voting to the Commissioner of the
respective Province.

Art. 11. On the 9th, the Presi-
dent of the tribunals of the First
Instance of the Provinces of the
Marches, assembled at Ancona, un-
der the presidency of the President
of the Tribunal of Appeal of Mar-
cerata, having received from the
provincial commissions the formal
minutes telling the partial results ac-
cording to the preceding article, shali
make a general count of the votes in a
public session and shall transmit it
to the Royal Commissioner General
Extraordinary.

The present decree shall be pub-
lished and inserted in the Official
Records of Documents of the Royal
Commissioner General Extraordi-
nary, ordering all whom it may con-
cern to obey it and to have it obeyed.

Given at Ancona, October 21st,
1860.

LORENZO VALERIO.

Proclamation of the Royal Commissioner to the People of the Marches.
October 21, 1860 !

Italiani delle Marche!

Con Decreto d'oggi vi chiamo a
determinare per votazione solenne la
vostra sorte politica. Avrei deside-
rato di far precedere a questo atto
l’organamento completo delle vostre
Provincie, alle quali la natura diede
tutto per farle prospere, e una domi-

1Le Assemblee, vol. 1, p. 776.

Italians of the Marches.

In to-day's decree I call upon you
to determine by solemn vote your
political destiny. I should have
wished that this act had been preceded
by the complete organization of your
provinces, to which nature gave every-
thing to make them prosperous and

UMBRIA AND THE MARCHES, 1860

nazione ora fiacca, ora violenta, in-
giusta sempre, tolse ogni cosa, e
avrebbe rapito anche il libero ingegno
e l’onore agli uomini, se orma di Dio
si potesse cancellare. Ma omai gli
avvenimenti si succedono con una ra-
pidità ignota ed impossibile in altri
tempi, ed al loro confronto le previ-
sioni più sollecite divengono tarde.
È trascorso poco più di un mese
dacchè voi faceste pervenire al Re il
grido del vostro dolore, e già foste
non solo liberati ma rallegrati dalla
vista del Liberatore. . . . Più fortu-
nati di voi, altre Provincie sorelle vi
precedettero nell'opera della Unifica-
zione Italiana. Modena, Parma e le
Romagne, e la Toscana eziandio, che
pure aveva una signoria meno dura
della vostra e tradizioni di autonomia
di non picciolo conto, statuirono già
da tempo come signore di se; ed oggi
stesso i Popoli dell’Italia Meridionale
si raccolgono nei Comizi a stabilire
non tanto il proprio quanto il destino
dell’Italia. Or bene: io rompo gli in-
dugi e vi chiamo a decidere.

Ma voi direte che la vostra inten-
zione è già manifesta.

Sì, è vero: voi avete già votato
cogli sforzi tante volte ripetuti per
torvi di dosso la mala signoria; avete
votato cogli esilii, colle prigioni, colle
torture d'ogni specie che avete sofferte,
e coi patiboli che non avete temuti,
col sangue dei vostri volontari, con gli
applausi onde accoglieste il Re e
l'Esercito: ma più di tutto coll’ordine
mirabile che serbate in questo reggi-
mento provvisorio, nel quale il solo

663

from which a power now weak, now
violent, and always unjust, took away
everything and would have stolen
even the free spirit and honor of men,
if it were possible to destroy God's
work. But now events are follow-
ing each other with a rapidity un-
known and impossible in other times,
and in their presence the quickest pro-
visions become slow. Little more
than a month has transpired since you
made known to the King your cry of
sorrow, and already you are not only
freed but have rejoiced in the sight of
your Liberator. . . . More fortunate
than you, other sister provinces pre-
ceded you in the work of Italian uni-
fication — Modena, Parma, and Ro-
magna, and Tuscany likewise, which
had a government less harsh than
yours and traditions of autonomy of
no small account, decided sometime
ago as their own masters; and the
people of Central Italy are gathering
to-day in assembly to establish not so
much their own destiny as that of
Italy. Now then, I end all delays and
call on you to decide. But you will
say that your intention is already
manifested. Yes, it is true, you have
already shown your wishes, by efforts
often repeated, to get rid of evil
government; you have shown your
wish by exile, imprisonment, torture,
by every kind of suffering, not even
fearing the gallows; by the blood of
your volunteers, by the applause with
which you received the King and the
Army; but more than all, by the won-
derful order which you keep in this

664 DOCUMENTS

nome del Re fa l’autorità e la forza.

La vostra libertá e piena, e delitto
o vendetta o intemperanza di parte non
la contamina.

Tutto questo e vero. Ma, dopo
aver ottenuto dalle Potenze che rico-
noscono ai Popoli il diritto di far la
legge a se stessi, egli e giusto che il
Popolo lo eserciti anche coi modi
solenni della votazione, e ch'egli usi
di quelle forme che sono la guaren-
tigia della libertá del voto. Alle Na-
zioni amiche la volontà degli Italiani
deve mostrarsi aperta e indubitabile;
alle Potenze ostili deve togliersi ogni
pretesto o possibilità di dubbiezza.

Soffrite perciò che vi rammenti es-
sere obbligo d'ogni buon cittadino il
votare. Ma il voto è libero, piena-
mente libero; nè chi parla e regge in
nome di VITTORIO EMANUELE II po-
trebbe mai tollerare una pressione
fisica o morale che lo menomasse. I
termini del paragone sono ormai evi-
denti. O esser parte di una grande
Nazione o Provincia di un piccolo
Stato. O commilitoni di VITTORIO
EMANUELE II colle glorie di Palestro
e di San Martino, o soldati di Lamori-
cière e suoi pari coi loro nomi di
scherno. O eguali avanti alle leggi
che i vostri Deputati concorreranno a
formare, e quindi reggitori di voi
medesimi, o servi all’arbitrio d'una
classe privilegiata. Dipende da voi
appartenere ad uno Stato civile che vi
dia la giustizia, la sicurezza, l’istru-
zione; avere industrie e commerci; o

Provisional Government, to which
only the name of the King gives au-
thority and force.

Your liberty is complete and no
crime nor revenge nor intemperance
of parties contaminate it.

All this is true, but after having ob-
tained from the Powers the recogni-
tion that in the peoples themselves lies
the right to make their own laws, it
is right that the people exercise it in a
serious manner by voting, and that
they use those forms which are the
guarantee of a free vote. To friend-
ly nations the will of the Italians must
show itself to be open and undoubted:
from hostile Powers it must take
away any pretext or possibility of
doubt.

Permit me to remind you then that
it is the duty of every good citizen to
vote. But the vote is free, absolutely
free; nor can he who speaks and
rules in the name of Vicror EMAN-
UEL II ever tolerate a physical or
moral pressure that would lessen this.
The terms of the choice are now clear.
Either to be part of a great nation or
provinces of a small state. Either
fellow soldiers of VICTOR EMANUEL
II with the glories of Palestro and of
San Martino, or soldiers of Lamori-
ciere and his like with their terms of
scorn. Either equal before all laws
which your deputies worked together
to form, and so rulers of yourselves,
or slaves to the whims of a privileged
class. It depends upon you whether
you belong to a civilized State which
gives you justice, safety and instruc-
tion, industries and commerce, or

UMBRIA AND THE MARCHES, 1860

nulla di tutto questo, come non aveste
nulla sinora. A voi la sentenza.

VIVA L'ITALIA!
Dato ad Ancona, 21 ottobre 1860.

LORENZO VALERIO.

665

whether you will have none of all this
as you have not had it hitherto.

LONG LIVE ITALY!
Given at Ancona, October 21st,
1860.
LORENZO VALERIO.

Convocation of the Popular Assembhes of the Provinces of Umbria.
October 21, 1860 !

IL REGIO COMMISSARIO GEN-
ERALE STRAORDINARIO
PER LE PROVINCIE
DELL'UMBRIA.

In virtù dei pieni poteri conferi-
tigli da Sua Maestà il Re VITTORIO
EMANUELE II;

Considerando che questi popola-
zioni insistono con pubbliche solenni
dimostrazioni per essere chiamate a
deliberare sulle proprie sorti;

Considerando ch'e urgente procu-
rare ad esse uno stabile e legale as-
setto;

Considerando che la Patria do-
manda che i cittadini di queste Pro-
vincie col libero loro voto mostrino
all’ Europa se intendano consacrare le
aspirazioni di Unità Monarchica Co-
stituzionale sotto lo scettro di VIT-
TORIO EMANUELE II, la di cui lealtà e
coraggio hanno disciplinata la revolu-
zione e ristaurato in Italia l’ordine
morale ;

DECRETA:

ART. 1. Il Popolo di queste Pro-
vincie è solennemente convocato nei

1 Le Assemblee, vol. 1, p. 779.

THE ROYAL COMMISSIONER
GENERAL EXTRAORDI-
NARY IN THE PROV-
INCES OF UM-

BRIA.

By virtue of the full power con-
ferred upon him by His Majesty
King Victor EMANUEL II;

Considering that these people by
solemn public demonstrations insist
upon being called to deliberate on
their own fate;

Considering that it is urgent to
procure for this a stable and legal
basis ;

Considering that the country de-
mands that the citizens of these prov-
inces shall, by their free vote, show to
Europe whether or not they mean to
turn their aspirations to a United
Constitutional Monarchy, under the
sceptre of VıcToR EMANUEL II,

whose loyalty and courage have held

the revolution within bounds and re-
stored moral order in Italy;
DECREES:

ARTICLE l. The people of these
provinces are solemnly called in popu-

666

Comizi i giorni 4 e 5 novembre 1860
per dichiarare la sua volontà sulla se-
guente proposta: Volete far parte
della Monarchia Costituzionale del Re
VITTORIO EMANUELE?

ART. 2. Sono chiamati a dare il
voto tutti i cittadini che hanno com-
piuto il ventunesimo anno e che go-
dono dei diritti civili. |

ART. 3. I Sindaci o Capi del
Comune prima del 4 novembre note-
ranno nelle liste già esistenti degli
elettori comunali i nomi di quei citta-
dini che non vi sono compresi a che da
sei mesi hanno domicilio nel Comune
o che vi si trovano per ragioni di im-

piego.!

Art. 15. Il giorno 7 novembre il
Tribunale di prima istanza residente
in Perugia, ricevuti dai Commissari
Regi di queste Provincie i processi
verbali portanti i risultati degli scru-
tinii parziali, ne farà lo spoglio gene-
rale in seduta pubblica e li trasmet-
terà al Regio Commissariato generale.

Art. 16. Le leggi e le discipline
che regolano le convocazioni elettorali
pei Consigli comunali e provinciali a
fine di garantire l'ordine e la libertà
del voto, sono applicate alle convoca-
zioni presenti.

Dato in Perugia dal Palazzo del
Governo, questo giorno 21 ottobre
1860. G. N. PEPOLI,

A. VIVIANI,

1 The omitted articles providing for the
decreed for the Marches, see ante, p. 657.

DOCUMENTS

lar assemblies on the 4th and 5th days
of November, 1860, to declare their
wishes on the following proposal:
‘Do you unsh to form a part of the
Constitutional Monarchy of King
VICTOR EMANUEL? ”

ART. 2. All the citizens who have
completed their twenty-first year and
who enjoy civil rights are called upon
to vote.

Art. 3. The Syndics or Heads of
the Commune before November 4th
shall enter in the lists already existing
of communal electors the names of
those citizens who have not been in-
cluded, or who have been domiciled
for six months in the Commune, or
who are there because of employment.

Art. 15. That on the 7th day of
November the Tribunal of the First
Instance sitting in Perugia, having re-
ceived from the Royal Commission-
ers of these provinces the formal min-
utes containing the results of the par-
tial vote shall make the general count
of votes at a public meeting, and shall
transmit them to the Royal Commis-
sioner.

Art. 16. That the rules and regu-
lations for guaranteeing an orderly
and free vote which govern the elec-
toral meetings of the communal and
provincial Councils, are applicable to
the present meetings.

Given in Perugia at the Governor’s
Palace, this 21st day of October, 1860.
G. N. PEPOLI,
A. VIVIANI.

method of voting are identical with those

UMBRIA AND THE MARCHES, 1860

667

Formal Minute of the Result of the Plebiscite in the Provinces of the Marches.
November 9, 1860 *

IN NOME DI DIO

Nella grande Aula del Palazzo mu-
nicipale si è riunita in seduta pubblica
la Corte di Giustizia delle Provincie
delle Marche, specialmente costituita
per l’effetto dell’articolo 11 del De-
creto emanato il 21 ottobre prossimo
passato da S. E. il signor Regio Com-
missario generale straordinario nelle
Provincie medesime, e composta degli
Ill. mi ed Ecc. mi Signori:

Avv. DOMENICO PANTALEONI,
Presidente del Tribunale d’ Appello di
Macerata.

Avv. Fırıppo BONACCI, Presidente
del Tribunale di Ancona.

Avv. ANDREA CATTABENI, Presi-
dente del Tribunale di Pesaro

Avv. FEDERICO MONTI, ff. di Prest-
dente del Tribunale di Fermo

Avv. Luici ALIPPI, ff. di Presi-
dente del Tribunale d'Urbino

Avv. Lorenzo LIVERANI, Presi-
dente del Tribunale di Macerata

Avv. FILIPPO MARSILI, ff. di Prest-
dente del Tribunale d’ Ascoli

Avv. PaoLo BALESTRA, Presidente
del Tribunale di Camerino

Intervenne pure 1'I11. mo Sig. Dott.
Angelo Mazzoleni, Procuratore fiscale
presso il Tribunale d’Ancona in rap-
presentanza del Pubblico Ministro, ed
assistetti io Clemente Marinelli, segre-
tario del Municipio d'Ancona, special-

1Le Assemblee, vol. 1, p. 777.

IN THE NAME OF GOD

In the great hall of the Municipal
Palace there is gathered in public as-
sembly the Court of Justice of the
Provinces of the Marches, specially
constituted in accordance with Article
II of the Decree which was given out
on the second of October last by the
Royal Commissioner General Ex-
traordinary in the Provinces afore-
said, and composed of their Excellen-
cies the following gentlemen :

Advocate DOMENICO PANTALEONI,
President of the Tribunal of Appeal
of Macerata.

Advocate FıLıppo BONACCI, Presi-
dent of the Tribunal of Ancona.

Advocate ANDREA CATTABENI,
President of the Tribunal of Pesaro.

Advocate FEDERICO MONTI, Acting
President of the Tribunal of Fermo.

Advocate Luici ALIPPI, Acting
President of the Tribunal of Urbino.

Advocate LORENZO LIVERANI,
President of the Tribunal of Mace-
rata.

Advocate FıLıppo MARSILI, Acting
President of the Tribunal of Ascoli.

Advocate PaoLo BALESTRA, Prest-
dent of the Tribunal of Camerino.

There were present also the Hon-
orable Doctor Angelo Mazzaloni,
Fiscal Attorney for the Tribunal of
Ancona, representing the State, and I,
Clemente Marinelli, Secretary of the
Municipality of Ancona, specially

668

mente assunto a funzionare da cancel-
liere all’Atto presente.

Il lodato signor Presidente del Tri-
bunale d'Appello dichiarò aperta la
seduta, ed espose essere oggetto della
medesima lo spoglio generale dei voti
resi dal Popolo delle Marche nei
Comizi adunati il 4 e 5 del corrente,
per statuire un Plebiscito sulla do-
manda: Volete far parte della
Monarchia Costituzionale di VITTORIO
EMANUELE II?

Invitò quindi i signori Presidenti
dei Tribunali di prima istanza a pre-
sentare i risultati delle votazioni nelle
‘ rispettive Provincie alla loro giuris-
dizione soggette.

I medesimi allora esibirono gli
analoghi prospetti, dei quali, previa
collazione sui relativi verbali e verifica
dell’esattezza, lo stesso signor Presi-
dente d'Appello, li invitò a dare pub-
blica lettura, locchè ciascuno di essi
eseguì coll’ordine seguente dando let-
tura dei detti prospetti che a me con-
segnarono:

DOCUMENTS

charged to register the present docu-
ment, was present.

The worthy President of the Tribu-
nal of Appeal opened the meeting and
announced that its object was to count
the total vote cast by the people of
the Marches in the meetings called on
the 4th and Sth, to decide by a plebis-
cite the question: “ Do you wish to
form a part of the Constitutional
Monarchy of Victor EMANUEL II?”

He then invited the honorable presi-
dents of the Tribunals of the First
Instance to present the results of the
vote in the respective provinces sub-
ject to their jurisdiction. _

The said presidents then exhibited
their reports, which, after an exami-
nation of the various formal minutes
and a verification of their exactness,
the aforesaid President of Appeal in-
vited them to read publicly, which
each of them did in the following or-
der, reading the said results which
they delivered to me:

VOTI (VOTES)

Province Affirmativi
(Province) (Affirmative)

Ancona ..............0000000 26,773
Macerata ..................... 32,575
Pesaro ....................... 21,017
Urbino ....................... 21,111
Fermo ........................ 16,694
Ascoli ........................ 10,199
Camerino ..................... 5,412

Somma (Total) .......... 133,783

Dai quali complessivi risultati io,
appresso l’ordine del signor Presi-
dente d'Appello, feci la pubblicazione.

Allora il signor rappresentante del

Nulli
(Void)

Negative
(Negative)
244
212
149
365
90
87
65

1,212

: 0488SS

260
Which total results, 1, according to
the order of the President of Appeal,

made public.
Then the representative of the State

UMBRIA AND THE MARCHES, 1860

Pubblico Ministero prese la parola fa-
cendo requisitoria perchè la Corte pro-
nunciasse la sua analoga dichiara-
zione.

Ed il signor Presidente d'Appello,
consultati i membri della Corte, pro-
nunciò come appresso:

La Corte dichiara che il Popolo
delle Provincie delle Marche nei
Comizi tenuti i giorni 4 e 5 del cor-
rente novembre, per statuire con Ple-
biscito sulla domanda: Volete far
parte della Monarchia Costituzionale
di VITTORIO EMANUELE II? — ha de-
ciso per l’affermativa con la maggio-
ranza di voti 133,783, contro negativi
1212 e nulli 260.

Dopo di che esso signor Presidente
dichiarò sciolta la seduta, della quale
io compilai in duplo il presente ver-
bale, che, premessa lettura, fu dalla
Corte a da me sottoscritto ed a cui
vennero apposti i sigilli di questo Mu-
nicipio e di questo Tribunale di prima
istanza.

D'ordine del signor Presidente del
Tribunale d'Appello si fa menzione
esser giunti in pendenza dell’opera-
zione un Atto in brevetto emesso in
Torino da ventitre Marchigiani, che
dichiararono il loro voto in senso
affermativo sulla sovraccennata for-
mula, ed una lettera da Livorno, dell’-
anconitano Gustavo Schelini, che
dichiara altrettano. Lo che reca il
numero dei voti affermativi a 133,807.

Avv. DoMENICO PANTALEONI,
Presidente della Corte d'Apello în
Macerata — Avv. FiLippo BONACCI,

669

took the floor demanding that the
Court should pronounce its decision
accordingly.

And the President of Appeal, hav-
ing consulted the members of the
Court, pronounced as follows:

The Court declares that the People
cf the Provinces of the Marches at
the popular assemblies held the 4th
and Sth days of the present Novem-
ber to decide by plebiscite the ques-
tion: “ Do you wish to form a part of
the constitutional monarchy of Vic-
TOR EMANUEL II?” have decided for
the affirmative with the majority vote
of 133,783 against 1212 negatives and
260 void.

After which the President declared
the meeting dissolved, of which I, as
secretary pro-tem, compiled the pres-
ent formal minute in duplicate which,
after being read, was signed by the
Court and by me, and to which were
affixed the seals of this Municipality
and of this Tribunal of the First In-
stance.

By order of the President of the
Tribunal of Appeal, mention is made
that there is added, during the opera-
tion, a document given out in Turin
by twenty-three men of the Marches,
who declared their vote in the affirma-
tive on the aforesaid formula, and a
letter from Livono from Gustave
Schelini of Ancona who makes the
same declaration. This brings the
affirmative votes to 133,807.

Advocate DOMENICO PANTALEONI,
President of the Court of Appeal in
Macerata, Advocate FiLippo Bo-

670

Presidente del Tribunale di Ancona —
Avv. LORENZO LIVERANI, Presidente
del Tribunale di Macerata — Avv.
ANDREA CATTABENI, Presidente del
Tribunale di Pesaro — Avv. Luigi
ALIPPI, ff. di Presidente del Tribunale
d’Urbino — Avv. FEDERICO MONTI,
ff. di Presidente del Tribunale di
Fermo — Avv. FiLipPo MARSILI, Giu-
dice ff. di Presidente del Tribunale di
Ascoli — Avv. PaAoLo BALESTRA,
Presidente del Tribunale di Camerino.

CLEMENTE MARINELLI
Segretario del Municipio d’ Ancona.

Ancona, li 9 novembre 1860.

DOCUMENTS

NACCI, President of the Tribunal of
Ancona, Advocate Lorenzo Live-
RANI, President of the Tribunal of
Macerata, Advocate ÁNDREA CATTA-
BENI, President of the Tribunal of
Pesaro, Advocate Luici ALIPPI, Act-
ing President of the Tribunal of Ur-
bino, Advocate FEDERICO MONTI,
President of the Tribunal of Fermo,
Advocate FELIPPO MARSILLI, Acting
Judge, Acting President of the Tri-
bunal of Ascoli, Advocate PaoLo Ba-
LESTRA, President of the Tribunal of
Camerino.
CLEMENTE MARINELLI

Secretary of the Municipality of An-

cona.

Ancona, November 9, 1860.

Formal Minute of the Result of the Plebiscite in the Provinces of Umbria!

SEDUTA PUBBLICA DEI GIORNI 8 E 9
NOVEMBRE 1860

Visto il Decreto di S. E. il Regio
Commissario generale per le Provincie
dell’ Umbria del di 21 ottobre 1860,
col quale il Popolo delle medesime era
convocato nei Comizi dei giorni 4 e 5
novembre dello stesso anno, a dichia-
rare la sua volonta sulla proposta:

Volete far parte della Monarchia
Costituzionale del Re VirtoRIO
EMANUELE?

Visto il successivo Decreto del pre-
lodato Regio Commissario generale

1Le Assemblee vol. 1, p. 781.

PUBLIC SESSION OF THE 8TH AND 9TH
OF NOVEMBER, 1860

In view of the Decree of His Ex-
cellency the Royal Commissioner
General for the Provinces of Umbria
of October 21st, 1860, in which the
people of the same Provinces were
convoked in popular assemblies on the
4th and 5th days of November of the
same year, to declare their wishes on
the proposal :

“ Do you wish to form a part of the
Constitutional Monarchy of King
VICTOR EMANUEL? ”

In view of the later decree of the
honorable Commissioner General of

UMBRIA AND THE MARCHES, 1860

del di Ó suddetto mese di novembre,
col quale, prorogato al giorno 8 del
ripetuto mese lo spoglio generale degli
scrutini parziali, venne questo affidato
al Tribunale d'Appello unitamente a
quello di prima istanza già designato
nel Decreto antecedente;

Visti ed esaminati i processi ver-
bali portanti i risultati degli scrutinii
parziali trasmessi alla Presidenza dai
Commissari Regi delle rispettive, Pro-
vincie fattone lo spoglio generale;

INVOCATO IL SS. NOME DI DIO

I Tribunali riuniti di Appello e di
prima istanza, residenti in Perugia
solennemente proclamano i seguenti
risultati generali del Plebiscito emesso
dagli abitanti delle Provincie dell’Um-
bria sull’annessione alla Monarchia
Costituzionale del Re VITTORIO
EMANUELE II:

Inscritti (Registered)
Votanti (Voting)
Pel Si (Yes)

Pel No (No)
Voti nulli (Void)

Luici Avv. BONELLI, Presidente
del Tribunale d’ Appello
FEDERICO GALEOTTI, Giudice
FRANCESCO PONTONELLI, Giudice
ANGELO SENESI, Giudice supplente
Vicenzo VITI, Giudice supplente
GIACOMO NEGRONI, Presidente del
Tribunale di prima istanza

e è è eno 0a è a è e e. ...
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e ceo do 00 do 2» è «IE s e uu è 8% 0 20 000005 se o è 0 0 9 co 06060 25 ee na è

02.050.000.

671

the 6th day of the aforesaid month
of November, which prorogued to the
Sth day of the same month the gen-
eral count of the partial votes, which
was entrusted to the Tribunal of Ap-
peal together with the Court of the
First Instance already designated in
the preceding decree;

Having seen and examined the
formal minute containing the partial
results of the vote transmitted to the
President by the royal commissioners
of the respective provinces and the
general count of votes having been
made :

HAVING INVOKED THE HOLY NAME OF
GOD

The united Tribunals of Appeal,
and of the First Instance, in session
in Perugia, solemnly proclaim the fol-
lowing general results of the plebis-
cite of the inhabitants of the Prov-
inces of Umbria as to the question of
annexation to the Constitutional
Monarchy of King Victor EMANUEL
II.

AN N. 123,011

97,625

Advocate Luicr BONELLI, Presi-
dent of the Tribunal of Appeal.

FEDERICO GALEOTTI, Justice.

FRANCESCO PONTONELLI, Justice.

ANGELO SENESI, Assistant Justice.

VICENZO VITI, Assistant Justice.

Giacomo NEGRONI, President of
the Tribunal of the First In-
stance.

672

ARMOGASTE STAMIGNI, Vice-Presi-
dente

Avv. RAFFAELE CORSI, Giudice

GIULIO JERMINI, Giudice

Avv. ORAZIO LATONI, Giudice

GiusePPE FRATELLINI, Giudice

GIUSEPPE GIRRI, Cancelliere

ALESSANDRO PAPI, Cancelliere

DOCUMENTS

ARMOGASTE STAMIGNI, Vice-Presi-
dent.

Adv. RAFFAELE, Corsi, Justice.

GIULIO JERMINI, Justice.

Adv. Orazio LATONI, Justice.

GIUSEPPE FRATELLINI, Justice.

GIUSEPPE GIRRI, Chancellor.

ALLESSANDRO PAP1, Chancellor.

Formal Act of Acceptance of the Plebiscite of the Marches and of Umbria.
November 22, 1860 *

Alle ore 11 del mattino del 22 no-
vembre 1860 le vetture di Corte hanno
condotto al Palazzo reale di Napoli il
Regio Commissario generale per le
provincie delle Marche, Lorenzo Va-
lerio (Governatore di Como), cava-
liere gran croce dell'ordine dei Santi
Maurizio e Lazzaro, il Regio Commis-
sario generale per le provincie dell’
Umbria, marchese Gioachino Napo-
leone Pepoli, deputato al Parlamento
nazionale e cavaliere gran croce dell’
Ordine suddetto, e le Deputazioni
delle Marche e dell'Umbria. S. M. il
Re era nella sala del trono, e trova-
vansi presenti il Luogotenente gene-
rale del Re coi consiglieri di luogo-
tenenza, il Consiglio di Stato, la Su-
prema Corte di giustizia, la Gran
Corte dei conti, la Casa militare del
Re e il Municipio di Napoli.

I Regi Commissari hanno presen-

1Le Asemblee, vol. 1, p. 782.

At eleven o'clock in the morning
on the 22nd of November, 1860, the
Court carriages conducted to the
Royal Palace of Naples, the Royal
Commissioner General for the Prov-
inces of the Marches, Lorenzo Valerio
(Governor of Como), Chevalier of
the Grand Cross of the Order of
Saints Maurizio and Lazzaro, the
Royal Commissioner General for the
Provinces of Umbria, Marquis Gio-
achino Napoleone Pepoli, Deputy to
the National Parliament and Cheva-
lier of the Grand Cross of the afore-
said Order, and the Deputations of the
Marches and of Umbria. His Maj-
esty the King was in the Throne
Room, and there were present the
Lieutenant General of the King, with
the Councillors in Office, the Council
of State, the Supreme Court of Jus-
tice, the High Court of Accounts, the
Military Household of the King, and
the Municipality of Naples.

The Royal Commissioners present-

UMBRIA AND THE MARCHES, 1860

tato al Re il verbale dello spoglio dei
voti fatto in Ancona e Perugia il
giorno 9 di novembre, e le rispettive
Deputazioni. Quindi il Regio Com-
missario delle Marche ha indirizzate
al Re brevi parole, dicendo:

“Sire! Alla vostra corona italica
si aggiunge ora una piccola, ma pre-
ziosissima gemma. Le sei provincie
delle Marche, col loro milione d’abi-
tanti offrono il sangue e gli averi a
Voi, per la cui virtù si ricompose la
grande famiglia italiana, di cui vog-
liono far parte. O Sire! Voi nelle
Marche avrete operosi cittadini, sol-
dati valorosi, italiani degni di Vittorio
Emanuele.”

Anche il Regio Commissario dell’-
Umbria rivolgeva a S. M. a un di-
presso queste parole :

“ Alla M. V. presento il voto dei
popoli dell'Umbria. Essi vogliono
appartenere alla gloriosa Vostra Di-
nastia, nella quale è già identificata
l’Italia. Voi troverete i popoli dell’
Umbria devoti sempre alla M. V. ed
alla patria.”

S. M. il Re rispondeva ringraziare
i Regi Commissari e le Deputazioni
delle Marche e dell'Umbria pei voti
recati e per i sensi espressigli. La
sua vita intera essere consacrata all'-
Italia, ed alla causa nazionale. Aver
vivo desiderio di visitare i paesi ora
novellamente congiunti allo Stato. I
popoli delle Marche, e dell'Umbria
avere fatto anch'essi opera di senno
e di virtù dichiarando di voler essere

673

ed to the King the formal minute of
the result of the votes cast at Ancona
and Perugia on the 9th day of No-
vember, and the respective Deputa-
tions. Thereupon the Royal Com-
missioner of the Marches addressed
to the King a few words, saying:

“ Sire! To your Italian crown is
now joined a small but most precious
gem. The six provinces of the
Marches, with their million inhabit-
ants, offer their blood and their be-
longings to you through whose valor
the great Italian family has been re-
united, of which they wish to be a
part. Oh Sire! In the Marches you
will have active citizens, valiant sol-
diers, Italians worthy of Victor
Emanuel.”

The Royal Commissioner of Um-
bria also addressed to His Majesty
words of this nature:

“ The vote of the people of Umbria
has been presented to your Majesty,
and they wish to belong to your glori-
ous Dynasty with which Italy is al-
ready identified. You will find the
people of Umbria always devoted to
your Majesty and to the country.”

His Majesty the King replied by
thanking the Royal Commissioners
and the Deputies of the Marches and
Umbria for the votes cast and the sen-
timents expressed. His entire life
would be consecrated to Italy and to
the national cause. He had a great
desire to visit the countries newly
joined to the state. The people of
the Marches and of Umbria had also
committed acts of wisdom and of

674

riuniti in un solo grande Stato per
formare la Nazione italiana.

Il ministro di grazia e giustizia e
guardasigilli ha letto il verbale della
presentazione e dell'accettazione del
voto di annessione, nel quale si dichi-
ara che il Re e ben lieto di accettare 1
popoli delle Marche e dell’Umbria in
patto di libertà e di fede. Il verbale
è stato sottoscritto dal Re, dai Regi
Commissari, dalle Deputazioni, dai
ministri e dai presidenti dei grandi
Corpi. |

Il Regio Commissario delle Marche
ha presentato al Re gl'indirizzi delle
donne e dei minorenni delle città delle
Marche, per invocare l’esaudimento
del voto di annessione. S. M. il Re
ha accolto questi indirizzi con singo-
lare compiacenza. Così venne rogato
il seguente atto:

‘L’anno 1860, il di 22 novembre
alle ore 11 antimeridiane, in Napoli,
nel Palazzo reale, e nella sala del
trono, alla presenza di S. M. il Re
Vittorio Emanuele II, assistendo al
presente Atto il ministro di grazia e
giustizia ed affari ecclesiastici, cava-
liere Giovanni Battista Cassinis, ed il
ministro della guerra generale d'ar-
mata Manfredo Fanti, S. E. il Luogo-
tenente generale delle provincie napo-
letane, il cavaliere Luigi Carlo Farini,
S. E. il generale d’armata conte Enrico
Morrozzo della Rocca, gli aiutanti di
campo, gli ufficiali di ordinanza e le
altre persone della Casa e del seguito
di Sua Maestà, i consiglieri di Luogo-

DOCUMENTS

virtue in declaring their wish to be
united in a single state to form the
Italian nation.

The Minister of Grace and of Jus-
tice and Keeper of the Seals read the
formal minute of the presentation and
of the acceptance of the vote for an-
nexation, in which it is declared that
the King is very happy to accept the
people of the Marches and of Umbria
in a compact of liberty and trust.
The report was signed by the King,
by the Royal Commissioner, the
Deputations, the Ministers, and by the
Presidents of the high official bodies.

The Royal Commissioner of the
Marches presented to the King the ad-
dresses of the women and children of
the cities of the Marches, asking for
the acceptance of the vote of annexa-
tion. His Majesty the King re-
ceived these addresses with singular
pleasure. The following Act was
then drawn up.

“In the year 1860, on the 22nd of
November at eleven o'clock A.M. in
Naples, in the Throne Room of the
Royal Palace in the presence of His
Majesty Victor Emanuel II, there be-
ing present the Minister of Grace and
Justice and of Ecclesiastical Affairs,
Chevalier Giovanni Battista Cassinis,
and the Minister of War, General
Manfredo Fanti, his Excellency the
Lieutenant General of the Neopolitan
Provinces, the Chevalier Luigi Carlo
Farini, his Excellency General Count
Enrico Morrozzo Della Rocca, the
adjutants, the officers of the day and
the other members of the Household
and of the Suite of His Majesty, the

UMBRIA AND THE MARCHES, 1860

tenenza, la Magistratura, il Municipio
ed altri funzionari civili e militari
sono stati introdotti il Regio Commis-
sario delle provincie delle Marche,
Governatore di Como, cavaliere Lo-
renzo Valerio, ed il regio Commissario
delle provincie dell'Umbria, marchese
Gioachino Napoleone Pepoli, cavalieri
amendue di gran croce, decorati del
gran cordone dell'Ordine dei Santi
Maurizio e Lazzaro, ed i signori conte
cavaliere Giacomo Ricci, conte Do-
menico Monti, avvocato Andrea Cat-
tabeni, componenti la Deputazione
delle provincie delle Marche, ed i
signori marchese Filippo Gualterio,
Francesco Guardabassi, conte Zeffi-
rino Faina, conte Giuseppe Orsini,
conte Antonio Beccherucci, conte
Cesare Pianciani, conte Federico
Francisci, conte Alceo Massarucci,
Giuseppe Argentieri, marchese B.
Vecchiarelli, conte Pietro Battaglia,
componenti la Deputazione delle pro-
vincie dell'Umbria, i quali presentano
alla M. S. il risultamento del plebis-
cito con cui i popoli di quelle provincie,
convocati nei Comizi il 4 ed il 5 no-
vembre 1860, per suffragio universale
hanno dichiarato, i primi con voti
affermativi 133,775, contro voti nega-
tivi 1,212, i secondi con voti afferma-
tivi 97,040 contro voti negativi 380,
di voler far parte della Monarchia
costituzionale di Vittorio Emanuele
II.

“S. M. il Re nell’accettare per se
e per suoi legittimi discendenti il risul-
tamento del plebiscito, esprime quanto

675

Councillors in Office, the Judiciary,
the Municipality and other civil and
military functionaries, there were in-
troduced the Royal Commissioner of
the Provinces of the Marches, Gov-
ernor of Como, Chevalier Lorenzo
Valerio, and the Royal Commissioner
of the Provinces of Umbria, Marquis
Gioachino Napoleone Pepoli, both
Chevaliers of the Grand Cross,
decorated with the Grand Cordon of
the Order of Saints Maurizio and
Lazzaro, and the Count Chevalier
Giacomo Ricci, Count Domenico
Monti, Advocate Andrea Cattabeni,
composing the Deputation of the
Provinces of the Marches and the
Marquis Filippo Gualterio, Francesco
Guardabassi, Count Zeffirino Faina,
Count Giuseppe Orsini, Count An-
tonio Beccherucci, Count Cesare
Piansiani, Count Federico Francisci,
Count Alceo Massarucci, Giuseppe
Argentieri, Marquis B. Vecchiarelli,
Count Pietro Battaglia, composing
the Deputation of the Provinces of
Umbria, who presented to His
Majesty the result of the plebiscite by
which the people of those provinces
convened in popular assemblies on the
4th and Sth of November, 1860, have
declared by universal suffrage, the
former with 133,775 affirmative votes
against 1212 negative, and the latter
with 97040 affirmative against 380
negative, that they wish to form a
part of the Constitutional Monarchy
of Victor Emanuel II. |

“ His Majesty the King, in accept-
ing for himself and his legitimate
descendants the result of the plebis-

676
le torni gradito che col concorso di
queste altre ragguardevoli provincie
si costituisca ad unitá di Stato la Na-
zione italiana, e le sorti della comun
patria sieno omai indissolubilmente
collegate con quelle della sua Casa e
strette al medesimo patto di libertà e
di fede.

“ Di tutto ciò il ministro di grazia
e giustizia ha, d’ordine del Re, rogato
il presente processo verbale, sotto-
scritto da S. M., dai Regi Commissari
per le provincie delle Marche e dell’-
Umbria, dai membri delle Deputa-
zioni delle stesse provincie, dal Luogo-
tenente generale delle provincie napo-
letane, dai consiglieri di Luogote-
nenza, dal sindaco del Municipio di
Napoli, dal presidente della Suprema
Corte di giustizia, dal presidente della
Gran Camera dei conti, contrasseg-
nato dal ministro della guerra, e dal
ministro di grazia e di giustizia mu-
nito del gran sigillo dello Stato.

“L'originale del presente Atto
verrà depositato e conservato negli
archivi generali del Regno.”

VITTORIO EMANUELE
Lorenzo VALERIO — G. Napo-
LEONE PEPOLI — DELLA Rocca —
FARINI — Conte MicHELE FAZIOLI
— Avv. A. CATTABENI — Marchese
Giacomo Ricci — Conte DOMENICO
Monti — Marchese MARIANO ALVI-

TRETI — Conte GIUSEPPE PARISANI
— Marchese F. A. GUALTERIO —
GUARDABASSI — Conte ZEFFIRINO

FAINA — GIUSEPPE ORSINI — Conte

DOCUMENTS

cite, explains how deeply he is grati-
fied that by the adhesion of these
other considerable provinces, the
Italian Nation should attain unity,
and that the fortunes of the common
country should now be indissolubly
joined with those of his House, and
linked by the same compact of liberty
and trust.

“Of all this the Minister of Grace
and Justice has, by the King's order,
drawn up the present formal minute,
signed by His Majesty, by the Royal
Commissioners for the Provinces of
the Marches and of Umbria, by the
members of the Delegations of the
said Provinces, by the Lieutenant
General of the Neapolitan provinces,
by the Vice-Councillor, by the Syndic
of the Municipality of Naples, by the
President of the Supreme Court of
Justice, by the President of the Grand
Chamber of Accounts, countersigned
by the Minister of War and by the
Minister of Grace and Justice, and
sealed with the great seal of the State.

“ The original of the present docu-
ment shall be placed and preserved
in the general archives of the King-
dom.”

VICTOR EMANUEL.

LORENZO VALERIO, G. NAPOLEONE
PEPOLI, DELLA Rocca, FARINI,
Count MICHELE FAzioLI, Advocate
A. CATTABENI, Marquis GIACOMO
Riccio, Count Domenico MONTI,
Marquis MARIANO ALVITRETI, Count
GIUSEPPE PARISANI, Marquis F. A.
GUALTERIO, GUARDABASSI, Count
ZEFFIRINO FAINA, GIUSEPPE ORSINI,
Count ALceo MASSARUCCI, Count

UMBRIA AND THE MARCHES, 1860

.ALCEO MASSARUCCI — Conte FRAN-
cesco PIANCIANI — Marchese Bar-
TOLOMEO VECCHIARELLI — GIUSEPPE
ARGENTIERI — Conte ANTONIO BEc-
cHERUCCI — Conte Pietro BATTAG-
LIA — Conte FEDERICO FRANCISCI —
GIUSEPPE PISANELLI — Marchese
RopoLro D'AFFLITTO DI MONTEFAL-
CONE — KR. PIRIA — G. DIVINCENZI
— GIUSEPPE FERRIGNI — P. S. MAN-
CINI — A. SCIALOJA — A. COLONNA
sindaco di Napoli — F. GAMBOA —
A. Troysı.

Il ministro della guerra: M. FANTI.
Il ministro di grazia e giustizia: G. C.

CASSINIS.

Royal Decree of Annexation of the Marches to the Italian State.

677

FRANCESCO PIANCIANI, Marquis
BARTOLOMEO VECCHIARELLI, GIUS-
EPPE ARGENTIERI, Count ANTONIO
BECCHERUCCI, Count PIETRO BAT-
TAGLIA, Count FEDERICO FRANCISCI,
GUISEPPE PISANELLI, Marquis
RopoLFo D'AFFLITTO DE MONTEFAL-
CONE, R. PIRIA, G. DIVINCENZI,
GIUSEPPE FERRIGNI, P. S. MANCINI,
A. SCIALOJA, A. COLONNA, Syndic of
Naples; F. GAMBOA, A. Troysı.

The Minister of War, M. FANTI.
The Minister of Grace and Justice,
G. C. CASSINIS,

December

17, 1860!

VITTORIO EMANUELE II

Visto il plebiscito sottoposto al suf-
fragio universale e diretto del popolo
delle provincie delle Marche convo-
cato in Comizi il 4 ed il 5 novembre
ultimo;

Visto il processo verbale di presen-
tazione e di accettazione di tale plebis-
cito eseguito in Napoli il 22 novembre
suddetto;

Vista la legge in data 3 corrente
mese, con cui il Governo del Re e au-
torizzato ad accettare e stabilire per
decreti reali l'annessione allo Stato di
quelle provincie dell’Italia centrale e

VICTOR EMANUEL II

In view of the plebiscite submitted
tc the direct and universal suffrage of
the people of the Provinces of the
Marches, convened in popular assem-
blies on the 4th and 5th of last No-
vember ;

In view of the formal minute of
presentation and of acceptance of the
said plebiscite executed at Naples on
the above-mentioned 22nd of Novem-
ber ;

In view of the law of the third day
of the current month, by which the
Government of the King is authorized
to accept and to establish through
royal decrees the annexation to the

1Le Assemblce, vol. 1, p. 784. The decree annexing Umbria was issued on the same date

and is identical. /bid., p. 784.

6/8

meridionale, nelle quali si manifesti
liberamente per suffragio diretto uni-
versale dalle popolazioni di far parte
integrante della Nostra Monarchia
costituzionale;

Udito il Consiglio dei ministri;

Abbiamo decretato e decretiamo;

ART. 1. Le Provincie delle
Marche faranno parte integrante dello
Stato italiano dalla data del presente
decreto.

ART. 2. L'articolo 82 dello Sta-
tuto, con cui è stabilito che fino alla
prima riunione delle due Camere il
Governo provvederà al pubblico ser-
vizio con sovrane disposizioni, sarà
applicabile alle provincie suddette fino
alla riunione del Parlamento na-
zionale.

Ordiniamo che il presente ‘decreto,
munito del sigillo dello Stato, sia in-
serto nella raccolta degli Atti del
Governo, e pubblicato nelle provincie
suddette, mandando a chiunque spetta
di osservarlo e di farlo osservare.

Dato a Napoli li 17 dicembre 1860.

VITTORIO EMANUELE.

G. B. Cassinis — M. FANTI — C.
Cavour — M. MINGHETTI — F. S.
Vecezzi — S. JAcINI — T. MAMI-
ANI — T. Corsi.

DOCUMENTS

State of those provinces of central and
southern Italy, in which the popula-
tion has freely shown their wish, by
means of direct universal suffrage, to
form an integral part of our Consti-
tutional Kingdom;

Having heard the Council of Min-
isters;

We have decreed and we decree:

ARTICLE 1. The Provinces of the
Marches shall form an integral part
of the Italian State, from the date of
the present decree.

ART. 2. Article 82 of the Con-
stitution, in which it is provided that
until the first meeting of the two
Chambers, the Government shall pro-
vide for the public service, with sov-
ereign regulations, shall be applicable
to the aforesaid Provinces, until the
meeting of the National Parliament.

We order that the present decree,
sealed with the seal of State, shall be
entered in the collection of Govern-
ment documents, and published in the
said Provinces, notifying all those
concerned to observe them and to
cause them to be observed.

Given at Naples the 17th of De-
cember, 1860.

VICTOR EMANUEL.

C. B. Cassinis, M. FANTI, C.
Cavour, M. MiGNETTI, F. S. VE-
GEZZI, S. JACINI, T. MAMIANI, T.
Corsi.

VENETIA, 1866

679

VENETIA, 1866

Convention Between Austria and France for the Cession of Venetia by Austria

to France.

Leurs Majestés l’Empereur des
Français et l’Empereur d'Autriche,
Roi de Hongrie et de Bohème, desi-
rant régler la cession de la Vénétie,
antérieurement convenue entre Leurs
Majestés, ont nommé pour leurs
Plénipotentiaires à cet effet, savoir :

S. M. l'Empereur des Français,

Le Duc de Gramont, son Ambassa-
deur près S. M. Impériale et Royale
Apostolique, etc.

Et S. M. l'Empereur d'Autriche,
Roi de Hongrie et de Bohème,

Le Comte de Mensdorff-Pouilly,
lieutenant général, son chambellan et
conseiller intime, etc.

Lesquels, après s'être communiqué
leurs pleins pouvoirs, trouvés en bonne
et due forme, sont convenus des arti-
cles suivants:

ART. 1”. Sa Majesté l'Empereur
d'Autriche cède le Royaume lombard-
vénitien à Sa Majesté l'Empereur des
Français, qui l’accepte.

ART. 2. Les dettes qui seront re-
connues afférentes au Royaume lom-
bard-vénitien, conformément aux
précédents du Traité de Zurich, de-
meurent attachées à la possession du
territoire cédé.

1 Martens, N. R. G., vol. 18, p. 414.

Signed at Vienna, August 24, 1866 *

Their Majesties the Emperor of the
French and the Emperor of Austria,
King of Hungary and of Bohemia,
desiring to arrange the conditions for
the cession of Venetia, already agreed
to by their Majesties, have named as
their Plenipotentiaries for this pur-
pose, that is to say:

H. M. the Emperor of the French,
the Duke de Gramont, His Ambassa-
dor to His Imperial and Royal Apos-
tolic Majesty, etc.

And His Majesty the Emperor of
Austria, King of Hungary and of
Bohemia,

Count de Mensdorff-Pouilly, Lieu-
tenant General, his Chamberlain and
Privy Councellor, etc., who, having
communicated their full powers found
in good and due form, have agreed on
the following articles:

ARTICLE l. His Majesty, the Em-
peror of Austria cedes the Lombardo-
Venetian Kingdom to His Majesty
the Emperor of the French, who ac-
cepts it.

Art. 2. The debts which shall be
recognized as attaching to the Lom-
bardo-Venetian Kingdom, in con-
formity with the precedents of the
Treaty of Zurich, shall remain at-
tached to the possessions of the ceded
territory.

680

Elles seront fixées ultérieurement
par des Commissaires spéciaux, dé-
signés à cet effet par Sa Majesté l'Em-
pereur des Français et Sa Majesté
l'Empereur d'Autriche.

ART. 3. Un arrangement particu-
lier, dont les termes seront arrêtés en-
tre les Commissaires français et autri-
chiens autorisés à cet effet, détermi-
nera, conformément aux usages mili-
taires et en maintenant tous les égards
dus à l’honneur de l’ Autriche, le mode
et les conditions de l'évacuation des
places autrichiennes.

Les garnisons autrichiennes pour-

ront emporter tout le matériel trans-

portable.

Un arrangement ultérieur sera con-
clu par les Commissaires spéciaux,
relativement au matériel non trans-
portable.

ART. 4 La remise effective de
possession du Royaume lombard-
vénitien par les Commissaires au-
trichiens aux Commissaires français
aura lieu après la conclusion de l'ar-
rangement concernant l'évacuation des
troupes et après que la paix aura été
signée entre Leurs Majestés |’Emper-
eur Francois-Juseph et le Roi Victor
Emmanuel.

ART. 5. Les commandants des
troupes autrichiennes s'entendront,
pour l'exécution de ces clauses, avec
les autorités militaires qui leur seront
désignées par les Commissaires fran-
çais, sauf recours, en cas de contesta-
tion, auxdits Commissaires de Sa
Majesté 1'Empereur des Francais.

DOCUMENTS

They shall be fixed ultimately by
special Commissioners, designated for
this purpose by His Majesty the Em-
peror of the French and His Majesty
the Emperor of Austria.

ART. 3. A special arrangement,
the terms of which shall be agreed
upon between the French and Aus-
trian Commissioners authorized for
this purpose, shall, in conformity with
military customs and with due regard
to the honor of Austria, fix the
method and the conditions of the evac-
uation of the Austrian positions.

The Austrian garrisons may remove
all transportable stores.

An arrangement shall be later con-
cluded by the Special Commissioners
regarding stores not transportable.

ART. 4. The final restoration of
the possession of the Lombardo-
Venetian Kingdom by the Austrian
Commissioners to the French Com-
missioners shall take place after the
conclusion of the arrangement con-
cerning the evacuation of troops and
after the peace shall have been signed
between their Majesties the Emperor
Francis Joseph and ‘King Victor
Emanuel.

Art. 5. The commanders of the
Austrian troops shall come to an
understanding regarding the execu-
tion of these clauses, with those mili-
tary authorities who shall be desig-
nated to them by the French Commis-
sioners, the right of appeal being re-
served, in case of disagreement, to

VENETIA, 1866

ART. 6. La présente Convention
sera ratifiée, et les ratifications en
seront échangées à Vienne, dans le
plus bref délai possible.

En foi de quoi les Plénipotentiaires
respectifs l'ont signée et y ont apposé
le cachet de leurs armes.

Fait en double expédition à Vienne,
le 24 août 1866.

GRAMONT.
ALEXANDRE Comte MENSDORFF-
PouILLy.

Treaty of Peace Between Austria and Italy.

681

the said Commissioners of His Maj-
esty, the Emperor of the French.

ART. 6. The present Convention
shall be ratified, and the ratifications
shall be exchanged at Vienna, within
the shortest possible time.

In token of which the respective
Plenipotentiaries have signed and af-
fixed the seals of their arms.

Done in duplicate at Vienna, Au-
gust 24, 1866.

GRAMONT.
Count ALEXANDER, MENSDORFF-
POUILLy.

Signed at Vienna, October 3, :

1866 ?

Au nom de la trés-sainte et indi-
visible Trinité.

Sa Majesté le Roi d'Italie et Sa
Majesté l'Empereur d'Autriche ayant
résolu d'établir entre leurs Etats re-
spectifs une paix sincère et durable,
Sa Majesté l'Empereur d'Autriche
ayant cédé à Sa Majesté l'Empereur
des Français le Royaume Lombardo-
Vénitien, Sa Majesté l'Empereur des
Français de son côté s'étant déclaré
prêt à reconnaitre la réunion du dit
Royaume Lombardo-Vénitien aux
Etats de Sa Majesté le Roi d'Italie,
sous réserve du consentement des
populations dúment consultées: Sa
Majesté le Roi d'Italie et Sa Majesté
l'Empereur d'Autriche ont nommé
pour leurs Plénipotentiaires, savoir:

In the name of the Most Holy and
Indivisible Trinity.

His Majesty the King of Italy and
His Majesty the Emperor of Aus-
tria having resolved to establish be-
tween their respective States an ab-
solute and durable peace, His Maj-
esty the Emperor of Austria having
ceded to His Majesty the Emperor of
the French the Lombardo-Venetian
Kingdom, His Majesty the Emperor
of the French having on his part de-
clared himself ready to recognize the
union of the said Lombardo-Venetian
Kingdom to the States of His Maj-
esty the King of Italy, under the
reservation of the consent of the
populations, duly consulted: His
Majesty the King of Italy and His

1 British and Foreign State Papers, vol. 56, p. 700.

2 Ratifications exchanged October 12, 1866.

Sa Majesté le Roi d'Italie, le Sieur
Louis-Frédéric Comte Menabrea:...

Sa Majesté l’Empereur d'Autriche,
le Sieur Félix Comte Wimpffen; . . .

Lesquels, après avoir échangé leurs
pleins pouvoirs respectifs, trouvés en
bonne et due forme, sont convenus
des articles suivants:

I. Il y aura, à dater du jour de
l'échange des ratifications du présent
Traité, paix et amitié entre Sa Ma-
jesté le Roi d'Italie et Sa Majesté
l’Empereur d'Autriche, leurs héritiers
et successeurs, leurs Etats et sujets
respectifs, à perpétuité.

II. Les prisonniers de guerre Ital-
iens et Autrichiens seront immédiate-
ment rendus de part et d'autre.

111. Sa Majesté l'Empereur d'Au-
triche consent à la réunion du
Royaume Lombardo-Vénitien au
Royaume d'Italie.

IV. La frontière du territoire cédé
est déterminée par les confins adminis-
tratifs actuels du Royaume Lom-
bardo-Vénitien.

Une Commission militaire instituée
par les deux Puissances Contractantes
sera chargée d'exécuter le tracé sur le
terrain dans le plus bref delai possible.

XXIV. Le présent Traité sera
ratifié et les ratifications en seront

DOCUMENTS

Majesty the Emperor of Austria have
appointed as their Plenipotentiaries,
that 1s to say:

His Majesty the King of Italy, the
Sieur Louis Frederic, Count Mena-
brea, .......... -

His Majesty the Emperor of Aus-
tria, the Sieur Félix, Count \Vimpf-
fen; . ..

Who, having exchanged their full
and respective powers, found in good
and due form, have agreed on the fol-
lowing articles:

I. There shall be peace and friend-
ship between His Majesty the King
of Italy and His Majesty the Em-
peror of Austria, their heirs and suc-
cessors, their respective States and
subjects, from the date of exchange
of ratifications of the present treaty,
forever.

II. The Italian and Austrian pris-
oners of war shall be immediately re-
turned by each side.

III. His Majesty the Emperor of
Austria consents to the union of the
Lombardo-Venetian Kingdom to the
Kingdom of Italy.

IV. The frontier of the territory
ceded is determined by the present ad-
ministrative boundaries of the Lom-
bardo-Venetian Kingdom.

A Military Commission instituted
by the Contracting Powers shall be
charged with drawing the boundary
line on the spot, in the shortest pos-
sible time.

XXIV. The present treaty shall
be ratified and the ratifications ex-

VENETIA, 1866

échangées à Vienne dans l’espace de
15 jours ou plus tót si faire se peut.
En foi de quoi les Plénipotentiaires
respectifs Pont signé et y ont apposé
le sceau de leurs armes.
Fait à Vienne, le 3 du mois d'Oc-
tobre, de Pan de grace, 1866.
(L. S.) MENABREA.
(L. S.) WIMPFFEN.

683

changed at Vienna within the space of
15 days or sooner if possible.

In token of which the respective
Plenipotentiaries have signed it and
have affixed the seal of their arms.

Done at Vienna, on October 3d in
the Vear of Grace, 1866.

(L. S.) MENABREA.
(L. S.) WIMPFFEN.

Report by the President of the Council to Victor Emanuel Recommending

that a Plebiscite be Held in the Venetian Provinces.

Sire. Il vostro Regno, con esem-
pio unico nella Storia, crebbe e s'in-
grandi per consenso spontaneo dei
Popoli ansiosi di dare all'idea na-
zionale una forma che ne assicurasse
lo svolgimento, e fosse all’ Europa una
guarentigia d'ordine e di civiltà.

I vostri Padri avevano custodito
sempre l’indipendenza d’Italia, edu-
cato civilmente i popoli a loro com-
messi, dotandoli insieme di civili isti-
tuzioni.

Il vostro augusto Genitore li resti-
tui a libertà mentre si faceva campione
d'Italia; e Voi, Sire, seguendo l’eseın-
pio degli Avi, calcaste le orme del
padre, e foste fermo e leale manteni-
tore delle sue promesse e magnanimo
continuatore della sua opera.

Queste virtù della vostra Dinastia e
Vostre meritarono che le popolazioni
Italiane scuotendo la soggezione stra-

October 7, 1866 *

Sire: Your Kingdom, a sole ex-
ample in history, grew and was en-
larged by the spontaneous consent of
the peoples who were anxious to give
to the national idea a form which
should insure its development and be
to Europe a guarantee of order and
civilization.

Your fathers had always guarded
the independence of Italy, had edu-
cated politically the peoples commit-
ted to their care, and endowed them
at the same time with civil institutions.

Your august parent restored them
to liberty while he made himself the
champion of Italy; and you, Sire, fol-
lowing the example of your ancestors,
trod in the footsteps of your father
and were a firm and loyal keeper of
his promises and a magnanimous con-
tinuer of his work.

These virtues of your dynasty and
of Yourself deserved that the Italian
peoples, in shaking off foreign sub-

1 Collezione Celerifera delle Leggi, Decreti, Instruzioni e Circolari pubblicate nel? Anno

1866, pt. 2, p. 1770.

684

niera si riunissero intorno al vostro
Trono, e formassero sotto il vostro
scettro costituzionale il Regno d'Italia.

Da quel momento il diritto na-
zionale fu costituito, ma non si poté
estendere su tutta l’Italia. Rimase in
soggezione straniera una parte nobilis-
‘sima della Penisola, che pure aveva
fatto eroici sforzi per liberarsene sino
dal 1848; manifestando fin d’allora la
volontà di unirsi al vostro Regno, con-
fermando, e poi consacrando il suo
voto con diciasette anni di resistenza
e di patimenti.

La Nazione costituita considerò
quindi la Venezia per medesimezza di
stirpe, di lingua e di sentimenti come
parte integrante di se, e colle dichiara-
zioni del Governo di V. M., colle de-
liberazioni del Parlamento, cogli ap-
parecchi di guerra fece sempre aperta
la sua indeclinabile volontà di ricupe-
rarla.

Oggi le cause per le quali la Venezia
viveva seperata innaturalmente dall’
Italia sono venute a cessare, ed ella è
per essere restituita in grembo alla
Nazione.

Ora il vostro Governo prega la
M. V. a voler consentire che i Veneti
siano chiamati a confermare la loro
volontà per mezzo di plebiscito.

Il Governo di V. M. giudica con-
veniente di rendere omaggio, anche in
questa occasione, al principio onde
s'informa il nostro diritto nazionale.
Tutte le altre popolazioni del Regno
d’Italia furono chiamate prima o poi

DOCUMENTS

jection, should unite around your
throne, and form the Kingdom of
Italy under your constitutional scep-
ter.

From that moment the national
right was established, but it could not
be extended over all Italy. A most
noble part of the Peninsula remained
under foreign subjection, although it
had made heroic efforts to liberate
itself ever since 1848; manifesting
from that time a determination to
unite with your Kingdom, confirming
and substantiating its desire by seven- |
teen years of resistance and suffering.

The Nation, thus constituted,
therefore considered Venice, owing to
identity of race, language and senti-
ments, as an integral part of itself,
and, through the declarations of Your
Majesty’s Government, through the
deliberations of Parliament, and
through military preparations, it al-
ways openly manifested its unshaken
determination to recover it.

To-day the causes owing to which
Venice lived unnaturally separate
from Italy have ceased to exist, and
it is about to be restored to the bosom
of the Nation.

Now your Government requests
Your Majesty to kindly consent to
having the Venetians called upon to
conform their will by means of a
plebiscite.

Your Majesty’s Government deems
11 suitable to do homage, on this oc-
casion also, to the principle on which
is based our national right. All the
other peoples of the Kingdom of Italy
were called upon at first or after-

VENETIA, 1866

a questa solenne manifestazione, la
quale non poté compiersi nel 1848 se
non imperfettamente dai Veneti; vi
furono chiamate, quantunque avessero
in altra forma, la cui efficacia non si
sarebbe potuta mettere in dubbio,
espresso i loro voleri.

Non sembra pertanto al Governo di
V. M. che ai Veneti si debba chiuder
la via di entrare nella famiglia italiana
al medesimo patto degli altri popoli
della Penisola, e di proclamare anche
una volta, nel modo più solenne e più
indiscutibile, quella italianità, che
nonostante lunghe e durissime prove
confessarono sempre.

Ad una Nazione nuova, e che non
raccolse ancora in uno tutte le sue
membra, conviene più che alle altre di
affermare in ogni modo ed in ogni
occasione il diritto nuovo; il quale sic-
come le fu argomento del suo primo
costituirsi, così le sarà argomento di
compiersi.

Per questi motivi i sottoscritti
hanno l’onore di sottoporre alla au-
gusta sanzione di V. M. il seguente
Decreto, col quale i popoli ora li-
berati dalla soggezione straniera sono
convocati nei Comizi ‘per dichiarare
la loro volontà di far parte del Regno
d'Italia.

685

wards to make this solemn manifesta-
tion, which in 1848 could be but im-
perfectly carried out by the Vene-
tians; they were nevertheless called
upon to do it even though they had
expressed their desires in another
manner, whose effectiveness could not
have been placed in doubt.

It therefore does not seem to Your
Majesty's Government that the way
ought to be closed to the Venetians to
enter the Italian family by the same
compact as the other peoples of the
Peninsula, and to proclaim once more,
in the most solemn and indisputable
manner, that Italian nationality which
in spite of long and exceedingly hard
trials they have always professed.

For a new Nation which has not yet
gathered into its folds all its mem-
bers, it is more suitable even than for
others that the new right should be
affirmed in every way and on every
occasion; which right, inasmuch as it
served it as an argument when it was
first constituted, will also serve it as
an argument upon its becoming com-
pleted.

For these reasons the undersigned
have the honor to submit to Your
Majesty’s august sanction the follow-
ing Decree, whereby the peoples now
liberated from foreign subjection are
convoked in popular assemblies in or-
der to declare their desire to form part
of the Kingdom of Italy.

686

DOCUMENTS

Royal Decree Convoking the Popular Assemblies of the Venetian Provinces *

VITTORIO EMMANUELE II
RE D'ITALIA

Sulla proposta del Presidente del
Consiglio dei Ministri Ministro dell’
Interno e del Ministro Guardasigilli
abbiamo decretato e decretiamo :

ART. 1. I cittadini delle Provincie
Italiane libertate dall'occupazione aus-
triaca sono convocati nei Comizi nei
giorni 21 e 22 ottobre per dichiarare
la loro volontà sulla formula seguente :

“ Dichiariamo la nostra unione al
Regno d’Italia sotto il Governo mo-
narchico-costituzionale del Re Vit-
torio Emmanuele II e de'suoi succes-
sori.”

Il voto sarà espresso per sì e per n0
col mezzo di un bollettino manoscritto
o stampato. Le schede portanti altre
dichiarazioni sono nulle.

2. Contemporaneamente alla pub-
blicazione del presente Decreto le
Rappresentanze Municipali delle sud-
dette Provincie indicheranno l’ora ed
il luogo nel quale sarà aperto lo scru-
tinio; ecciteranno tutti i cittadini a
rendere il loro voto, e daranno tutte le
altre disposizioni convenienti perchè
la manifestazione del suffragio na-
zionale riesca libera e solenne.

3. Le Congregazioni Municipali

VICTOR EMANUEL II
KING OF ITALY

I, Victor Emanuel II, King of
Italy, on the recommendation of the
President of the Council and Minis-
ter of the Interior and of the Min-
ister Guardian of the Seals, have de-
creed and do hereby decree :

ARTICLE 1. The citizens of the
Italian Provinces liberated from Aus-
trian occupation are hereby convoked
in popular assemblies on October 21
and 22 for the sake of declaring their
will in the following form:

“We declare our union with the
Kingdom of Italy under the mon-
archico-constitutional Government of
King Victor Emanuel II and his suc-
cessors.”

The vote shall be expressed by yeas
and nays by means of a written or
printed ticket. All ballots containing
other declarations shall be null and
void.

2. Simultaneously with the publi-
cation of the present decree, the rep-
resentative municipal bodies of the
aforesaid Provinces shall indicate the
hour and place at which the voting
shall be begun; they shall urge all the
citizens to cast their vote, and shall
take all other appropriate measures in
order that the national suffrage may
be freely and solemnly exercised.

3. The municipal governments shall

1 Collezione Celerifera, Part II, p. 1771. The decree was signed on October 7 and pub-

lished on October 19.

VENETIA, 1866

hanno facoltá di dividere il Comune
in quel numero di sezioni che crede-
ranno opportuno.— Le stesse facoltà
apparterranno alle Giunte Municipali
o Deputazione Comunali dei Comuni
divisi in frazioni, o che contassero più
di cinquecento votanti.

4. Le Rappresentanze Municipali
incaricheranno cinque probi elettori
di presiedere il Comizio del Comune
o di ciascuna delle sue sezioni.— Essi
saranno scelti possibilmente fra i
membri del Consiglio Comunale, dove
questo esiste; nomineranno nel proprio
seno il Presidente, potranno farsi as-
sistere da un Segretario scelto fra 1
votanti.— Tre almeno dei membri del
Seggio così composto si troveranno
sempre presenti alla votazione.

5. Nei giorni stabiliti per la vota-
zione tutti gli Italiani delle dette Prov-
incie, che hanno compiuto gli anni 21,
sono domiciliati da sei mesi nel Co-
mune, e non subirono condanna per
crimine, o per furto o truffa, si pre-
sentano per dare il loro voto.— Il suf-
fragio è dato per schede a scrutinio
segreto.

6. Ogni votante, dichiarando il pro-
prio nome e cognome, consegnerà al
Presidente la propria scheda.— Ove
sorga il dubbio intorno alla sua amis-
sibilità all'esercizio del diritto di voto,
il Seggio, quando non basta la sem-
plice notorietà, decide colla scorta dei
registri anagrafici, facendone men-
zione nel verbale.— Contro questa de-
cisione non è ammesso reclamo.— 11

687

have a right to divide the commune
into such number of sections as they
shall deem suitable. The same priv-
ileges shall belong to the municipal
boards or communal deputations of
the communes divided into fractions,
or which number more than fifty vot-
ers.

4. The representative municipal
bodies shall charge five trustworthy
electors with the duty of presiding
over the assembly of the commune and
of each of its sections. They shall be
chosen, if possible, from among the
members of the communal council,
where such exists; they shall appoint
a president from among their own
members, and may engage the assist-
ance of a secretary chosen from
among the voters. At least three of
the members of the board thus formed
shall always be present at the voting.

5. On the days set for voting, all
the Italians of the said Provinces who
have reached the age of 21 years, have
been domiciled for six months in the
Commune, and -have not been sen-
tenced for any crime, including lar-
ceny or false pretenses, shall appear in
order to cast their vote. The voting
shall be by secret ballot.

6. Each voter, after declaring his
christian and family name, shall de-
liver his ballot to the president.
When any doubt arises as to his ad-
missibility to the exercise of the right
of suffrage, the board, if public
knowledge is not sufficient, shall de-
cide on the basis of the census regis-
ters, making a note of the fact in the
record. No appeal shall lie against

688 DOCUMENTS

Presidente deponendo la scheda nell'
urna fará notare da uno dei compo-
nenti il Seggio o dal Segretario il
nome del votante.

7. Alle ore cinque del giorno 21
Purna sará pubblicamente suggellata
dai componenti il Seggio, 1 quali sono
responsabili dalla sua custodia e della
integrita dei suggelli durante la notte.

8. In ambedue i giorni il Presidente
stenderà verbale dello scrutinio.

9. Chiuso lo scrutinio segreto del
giorno 22, le urne suggellate ed i ver-
bali redatti a termini dei precedenti
articoli saranno dal Presidente e da
due almeno dei membri del Seggio
accompagnati alla Pretura, nella cui
giurisdizione è compresso il Comune,
e consegnati al Pretore, il quale in-
sieme con essi e pubblicamente fa lo
spoglio dei voti, redigendone verbale.

10. Tutti gli Italiani delle Provin-
cie liberate che si trovassero, o per
ragioni di pubblico servizio, o per
qualsiasi altro motivo in qualunque
parte del Regno, potranno presentarsi
al Pretore del mandamento, nel quale
dimorano, e dichiarare per iscritto la
loro volontà sulla formola indicata
nell’art. 1° del presente Decreto.

11. I Pretori che avessero operato
lo spoglio della votazione o ricevute
le dichiarazioni nei sensi dei due prece-
denti articoli, trasmetteranno imme-
diatamente i verbali da loro firmati,
che constatano il risultato della vota-
zione, alla Presidenza del Tribunale

this decision. The president, depos-
iting the ballot in the urn, shall state
the name of the voter to one of the
members of the board or to the sec-
retary. ll

7. At 5 o'clock P. M. on the 21st,
the urn shall be publicly sealed by the
members of the board, who shall be
responsible for its keeping and for the
integrity of the seals during the night.

8. On both days the president shall
draw up a record of the voting.

9. When the secret balloting is
terminated on the 22d, the urns sealed,
and the records drawn up according to
the foregoing articles, they shali. be
accompanied by the president and at
least two members of the board to the
praetor's office in whose jurisdiction
the commune is situated, and deliv-
ered to the praetor, who, together
with them, and publicly, shall count
the votes, drawing up a formal minute
of the act.

10. All Italians of the liberated
provinces who, for reasons of public
service or any other reasons, are situ-
ated in any part of the Kingdom, may
appear before the praetor of the dis-
trict in which they reside and declare
in writing their will on the form indi-
cated in Art. 1 of the present decree.

11. The praetors who have made
the count of the vote or received the
declarations according to the meaning
cf the two preceding articles, shall
immediately transmit the minutes
signed by them and stating the result
of the vote, to the president of the

VENETIA, 1866

di Appello di Venezia. Gli altri atti
saranno conservati nell’archivio della
Pretura.

12. Nel giorno 27 ottobre il Tri-
bunale di Appello di Venezia, radu-
nato in seduta pubblica, eseguirà lo
spoglio generale dei risultati parziali,
e lo trasmetterà immediatamente al
Ministro della Giustizia.

13. Le funzioni domandate dal pre-
sente Decreto alle Preture saranno
nelle città esercitate dalle Preture ur-
bane e civili.

Ordiniamo, ecc.

Dato a Firenze addì 7 ottobre 1866.
VITTORIO EMANUELE — RICASOLI —

BORGATTI.

689

Court of Appeals of Venice. The
other documents shall be preserved in
the archives of the praetor's office.

12. On October 27 the Court of
Appeals of Venice, convened in pub-
lic session, shall make a general count
of the partial returns and transmit the
result immediately to the Minister of
Justice.

13. The duties required by the pres-
ent decree of the praetor's offices
shall be performed in the cities by the
urban and civil praetors.

We ordain, etc.

Given at Florence, October 7, 1866.
VICTOR EMANUEL, RicasoLI, Bor-

GATTI.

Formal Minute of the Delivery of Venetia to Venetian Authorities by the

French Commissioner.

L'an 1866, le 19 octobre, a huit
heures du matin, se sont réunis: d'une
part, M. le général de division Le
Boeuf, aide de camp de S. M. l’Em-
pereur des Francais, grand officier
de l’ordre impérial de la Légion d'hon-
neur, etc., Commissaire de Sa Ma-
jesté en Vénétie;

Ft d'autre part, M. le comte Luigi
Michiel, M. le chevalier Edouard de
Betta et le docteur Achille Kelder,
formés en commission;

Et là M. le général Le Boeuf a
prononcé l’allocution suivante:

“ Messieurs, délégué par

1 Martens, N. R. G., vol. 18, p. 418.

l'Em-

Signed at Venice, October 19, 1866 !

In the year 1866, on the 19th of
October, at eight o'clock in the morn-
ing, there were met: on the one part,
General of Division Le Boeuf, aide-
de-camp of His Majesty the Emperor
of the French, Grand Officer of the
Imperial Order of the Legion of
Honor, etc., Commissioner of His
Majesty in Venetia;

And on the other part, Count Luigi
Michiel, Chevalier Edouard de Betta
and Doctor Achille Kelder, forming a
commission ; |

And thereupon General Le Boeuf
pronounced the following address :

“ Gentlemen, delegated by the Em-

=

690 DOCUMENTS

pereur Napoleon III pour recevoir des
autorités militaires autrichiennes les
forteresses et territoires de vos pro-
vinces, il me reste a remettre en vos
mains les droits qui ont été cédés a Sa
Majesté. C'est pour accomplir cette
dernière partie de sa tache que je vous
ai convoqués.

“Vous savez déjà dans quel but
l'Empereur a accepté la cession de la
Vénétie. Sa Majesté s'en est ex-
pliqué dans une lettre adressée, en date
du 11 aoút, au roi d'Italie, et pour
vous instruire des intentions de mon
auguste Souverain, je ne saurais
mieux faire que de vous donner lec-
ture de ce document :

‘Monsieur mon frère, — J'ai ap-
pris avec plaisir que Votre Majesté
avait adhéré à l'armistice et aux pré-
liminaires de paix signés entre le Roi
de Prusse et l'Empereur d'Autriche.
Il est donc probable qu’une nouvelle
ère de tranquillité va s'ouvrir pour
l'Europe. Votre Majesté sait que j'ai
accepté l'offre de la Vénétie pour la
préserver de toute dévastation et pré-
venir une effusion de sang inutile.
Mon but a toujours été de la rendre
à elle-même afin que l'Italie fut libre
des Alpes à l’Adriatique. Maitresse
de ses destinées, la Vénétie pourra
bientôt par le suffrage universel ex-
primer sa volonté.

“Votre Majesté reconnaitra que,
dans ces circonstances, l’action de la
France s'est encore exercée en faveur
de l’humanité et de l'indépendance des
peuples.

‘ Je vous renouvelle l'assurance des

peror Napoleon III to receive fronr
the Austrian Military authorities the
fortresses and territories of your
provinces, it remains for me to de-
liver into your hands the rights which
have been ceded by His Majesty. It
is in order to accomplish this last part
of my task that I have convoked you.

“ You know already for what pur-
pose the Emperor has accepted the
cession of Venetia. His Majesty has
explained it in a letter sent under date
of August 11th to the King of Italy,
and in order to inform you as tv the
intentions of my august Sovereign,
I can do no better than to read to you
this document:

‘ Exalted Brother, — I have learned
with pleasure that Your Majesty has
adhered to the armistice and to the
preliminaries of peace signed between
the King of Prussia and the Em-
peror of Austria. It is thus probable
that a new era of tranquillity is
about to dawn for Europe. Your
Majesty knows that I have accepted
the offer of Venetia in order to pre-
serve it from any devastation and to
prevent a useless shedding of blood.
My object has always been to deliver
it over to itself so that Italy might be
free from the Alps to the Adriatic.
Mistress of her destinies, Venetia will
be able shortly, by universal suffrage,
to express her will.

‘ Your Majesty will recognize that,
in these circumstances France is again
acting in the interest of humanity and
of the independence of peoples.

‘ Reaffirming my sentiments of high

VENETIA, 1866

sentiments de haute estime et de sin-
cère amitié avec lesquels je suis
* De Votre Majesté Le bon frère

‘ NAPOLÉON.
‘ Saint-Cloud, le 11 août 1866.’ ”

“ Messieurs, l’Empereur connait
depuis longtemps les aspirations de
votre pays. Sa Majesté sait qu'il dé-
sire être réuni aux Etats du Roi Vic-
tor-Emmanuel, avec qui Elle a com-
battu naguère pour l’affranchissement
de l’Italie. Mais, par respect pour le
droit des nationalités et pour la dig-
nité des peuples, ’Empereur a voulu
laisser aux Vénitiens le soin de mani-
fester leur voeu. Ils sont dignes de
comprendre cet hommage rendu à la
souveraineté populaire sur laquelle re-
posent les gouvernements de la France
et de l'Italie. L'Empereur témoigne
ainsi une fois de plus de son respect
pour les principes qu'il s’est toujours
fait un honneur de défendre, et des
sentiments d'amitié dont il a donné
des marques réitérées à toute la Pénin-
sule. Sa Majesté est heureuse d’avoir
secondé, par les efforts de sa politique,
le patriotisme et le courage de la na-
tion italienne.”

“ a .
M. le comte Michiel, au nom des
membres de la commission, a répondu
en italien dans les termes suivants:

‘Quand, en 1859, les armées alliées
triompherent en Lombardie de nos op-
presseurs, nous croyions, au cri: des
Alpes à l’Adriatique, notre salut
achevé; la main glacée de la diploma-

691

esteem and of sincere friendship, I
remain
‘Your Majesty's well disposed
brother
‘ NAPOLEON.
* Saint Cloud, August 11th, 1866. ”

“ Gentlemen, the Emperor has long
been aware of the aspirations of your
country. His Majesty knows that it
desires to be united with the States
of King Victor Emmanuel, by whose
side it has lately fought for the en-
franchisement of Italy. But, out of
respect for the right of nationalities
and the dignity of peoples, the Em-
peror has wished to leave to the Veni-
tians the function of manifesting their
will. They can be trusted to under-
stand this homage rendered to that
popular sovereignty on which are
founded the governments of France
and of Italy. The Emperor thus once
more gives testimony of his respect
for the principles which he has always
made it a point of honor to defend,
and of the sentiments of friendship
of which he has given reiterated
proofs to the whole Peninsula. His
Majesty is happy to have aided,
through his policy, the patriotism and
courage of the Italian nation.”

Count Michiel, in the name of the
members of the. commission, an-
swered in Italian, in the following
terms:

“When, in 1859, the allied armies
triumphed over our oppressors in
Lombardy, we believed that by the cry,
‘ The Alps to the Adriatic’ our safety
was achieved; the icy hand of diplo-

692

tie nous enleva cette certitude. Mais
cette main n'a pu comprimer les batte-
ments du cœur de ce peuple, qui a
redoublé les sacrifices, confiant dans
son avenir qui était l’avenir de l’Italie,
ni détourner son puissant allié de co-
opérer á la délivrance de ceux qui
avaient su s'en montrer dignes.

“ Nous, et avec nous tous les Véni-
tiens, nous vénérons l’œuvre de la
Providence et nous remercions le ma-
gnanime allié de notre bienaimé Roi,
qui, pendant que l’on versait un sang
généreux sur les champs de bataille, a
hâté, par sa puissante médiation le
moment de notre indépendance et la
réunion au royaume d’Italie.”

Ensuite, M. le général Le Boeuf a

pris de nouveau la parole, et a déclaré

ce qui suit :

‘ Au nom de S. M. l'Empereur des
Français, et en vertu des pleins pou-
voirs et mandements qu'il a daigné
nous conférer,

“Nous général de division Le
Boeuf, aide de camp de S. M. PEm-
pereur des Frangais, grand officier de
l'Ordre impérial de la Légion d’hon-
neur, etc., etc., Commissaire de Sa
Majesté en Vénétie;

“ Vu le Traité signé à Vienne, le 24
août 1866, entre S. M. l'Empereur
des Français et S. M. l’Empereur
d’Autriche, Roi de Hongrie et de Bo-
héme, etc., etc., au sujet de la Véné-
tie;

“Vu la remise qui nous a été faite
de ladite Vénétie, le 16 octobre 1866,
par M. le général Moering, comman-
deur de la Couronne de fer, etc., etc.,

DOCUMENTS

macy took away this certainty from
us. But that hand could not subdue
the heart-beats of this people, who
have redoubled their sacrifices, trust-
ing in their future which was the fu-
ture of Italy, nor could it deflect its
powerful ally from cooperating in the
deliverance of those who had known
how to show themselves worthy of it.

“We, and with us all Venetians,
venerate the work of Providence and
give thanks to the magnanimous ally
of our beloved King, who, by his pow-
erful mediation, while generous blood
was still being shed on the battlefield,
has hastened the moment of our in-
dependence and union with the King-
dom of Italy.”

General Le Boeuf thereupon re-
sumed his address and made the fol-
lowing statement:

“In the name of H. M. the Em-
peror of the French, and by virtue of
the full and mandatory powers which
he has been pleased to confer upon us,
we, General of Division Le Boeuf,
Aide-de-camp to H. M. the Emperor
of the French, Grand Officer of the
Imperial Order of the Legion of
Honor, etc., etc., Commissioner of
His Majesty in Venetia;

“ In view of the Treaty signed at
Vienna, August 24, 1866, between
H. M. the Emperor of the French
and H. M. the Emperor of Austria,
King of Hungary and of Bohemia,
etc., etc., on the subject of Venetia;

“ In view of the delivery of the said
Venetia, which has been made to us
on October 16, 1866, by General
Moéring, Commander of the Iron

VENETIA, 1866 693

Commissaire de S. M. l'Empereur
d'Autriche en Vénétie;

“ Déclarons remettre la Vénétie a
elle-même pour que les populations,
maîtresses de leur destinée, puissent
exprimer librement, par le suffrage
universel, leurs vœux au sujet de l’an-
nexion de la Vénétie au Royaume
d'Italie.”

De son côté, M. le comte Michiel,
au nom de la commission, a déclaré
donner acte à M. le général Le Boeuf
de la remise faite de la Vénétie à elle-
même au nom de S. M. l'Empereur
des Français dans les termes et aux
clauses énoncés ci-dessus.

En foi de quoi, le présent procès-
verbal, qui sera déposé aux archives
nationales, a été signé par le Commis-
saire de S. M. l'Empereur des Fran-
çais, et par MM. les membres de la
- commission.

Fait en double expédition a Venise,

le 19 octobre 1866.
Le Commissaire de S. M. PEm-
pereur des Frangats,
Général LE BoEUF.
Etaient presents et ont signe:

Lfon PILLET, consul général de
France; le capitaine de frégate, E.
VICARY.

Les membres de la commission:
Luicr MICHIEL, EDOARDO DE BETTA,
ACHILLE KELDER.

Le capitaine de vaisseau, J. DE SUR-
VILLE.

Crown, etc., etc., Commissioner of
H. M. the Emperor of Austria in
Venetia;

“We declare the delivery of Vene-
tia to herself in order that the people,
mistress of their destinies, shall be
able, by universal suffrage, to freely
express their wishes on the subject of
the annexation of Venetia to the
Kingdom of Italy.”

On his part Count Michiel, in the
name of the Commission, makes due
acknowledgment to General Le Boeuf
of the delivery made of Venetia to
berself in the name of H. M. the Em-
peror of the French under the terms
and the conditions announced above.

In token of which the present
formal minute, which shall be de-
posited in the national archives, has
been signed by the Commissioner of
H. M. the Emperor of the French,
and by the Members of the Commis-
sion.

Done in duplicate, at Venice, Oc-
tober 19, 1866.

Commissioner of H. M. the Em-
peror of the French,
GENERAL LE BoEUF,
Present and witnesses :

Leon PILLET, Consul-General of
France; the captain of frigate, E.
VICARY.

Members of the Commission:
Lvicı MICHIEL, EDOARDO DE BETTA,
ACHILLE KELDER.

Sea captain, J. DE SURVILLE.

694

DOCUMENTS

Formal Minute of the Result of the Plebiscite of the Venetian and Mantuan

Provinces.

In Venezia, addì 27 ottobre 1866,
ore 9 antimeridiane, nella Sala detta
dello Scrutinio, nel Palazzo Ducale.

L’art. 12 del Reale Decreto 7 otto-
bre 1866 commette a questo Tribunale
di Appello di procedere oggidi in Se-
duta pubblica allo spoglio generale dei
risultati parziali delle votazioni già
seguite a'sensi dell'art. 1 dello stesso
Decreto nei Comizi dei Cittadini delle
Provincie Italiane testè liberate dalla
occupazione Austriaca, convocati nei
giorni 21 e 22 ottobre andante, per
dichiarare la loro volontà sulla
formula :

“ Dichiarianio la nostra unione al
Regno d’Italia sotto il governo mon-
archico-costitusionale del Re Vittorio
Emmanuele II e de’ suoi successori.”

Ai risultati parziali di quelle vota-
zioni debbono eziandio aggiungersi i
voti degli Italiani delle Provincie testè
liberate, che, dimorando in altra parte
del Regno, hanno dichiarata per is-
critto la loro volontà innanzi al Pre-
tore del Mandamento della loro di-
mora, giusta l’art. 10 del citato De-
creto 7 ottobre.

Per ottemperare al Decreto ed in
conformità degli Avvisi ieri pubbli-
cati, il Tribunale di Appello mosse dal
Palazzo di sua residenza alle ore 8%
di questa mattina, recando seco sug-

1 Le Assemblee, vol. 2, pp. 727-730.

October 27, 1866 *

Venice, October 27th, 1866, at 9
o clock A. M. in the Sala dello Scru-
tini6, in the Doge's Palace.

Article 12 of the Royal Decree of
the /th of October, 1866, instructed
this Court of Appeals to proceed to-
day in public session to the general
count of the partial results of the vot-
11.g already executed, according to the
tenor of Article I of the same decree
by the citizens of the Italian prov-
inces just liberated from the occupa-
tion of Austria, met in popular as-
semblies, convoked on the 21st and
22nd day of October last, to declare
their will in the formula:

“We Declare our Union with the
Kingdom of Italy under the Constitu-
tional Monarchical Government of
King Victor Emanuel II and His Suc-
cessors.”

To the partial result of this voting
there ought also to be added the votes
of the Italians of the provinces just
liberated, who, living in other parts
of the Kingdom, have registered their
votes with the praetor in the district
in which they reside, in conformity
with article 10 of the aforementioned
decree of October /th.

In order to comply with the decree
and in order to work in conformity
with the notification made public yes-
terday, the Court of Appeals moved
from its palace of residence at 8:30

VENETIA, 1866 695

gellati gli spogli parziali ed i Verbali
pervenuti dalle diverse Preture e si
trasferì nel Palazzo Ducale, dove
prese seggio nella sala detta dello
Scrutinio.

Seggono in Tribunale:

S. E. il Signor Comm. Sebastiano
Tecchio, Presidente ed i Signori Con-
siglieri d'Appello:

GIUSEPPE Nob. MUTINELLI

Dott. Pietro BOLDRIN

Lopovico LAZZARONI

CARLO COMBI

Dott. ABBONDIO PRADELLI

PAOLO CASTAGNA

Giov. BATT. EDERLE

ANGELO Nob. Bosıo

ANGELO Nob. RIDOLFI

Cav. GIUSEPPE RUFFONI

GIUSEPPE GRUBISSICH

Dott. GIOVANNI BRUGNOLO

ANTONIO CARRARO

Dott. VINCENZO SELLENATI

Dott. FRANCESCO PROVASI

Dott. ANGELO PUCCINALI, Con-
sighere del Trib. Comm. Marittimo di
Venezia, Sussidiario presso PAppello.

Il Pubblico Ministero è rappresen-
tato dal Sostituto Procuratore Su-
periore di Stato Dott. VALENTINO
FORLATTI.

Tengono ufficio di Segretari d'Ap-
pello:

Il signor Aggiunto Segretario FE-
DERICO Nob. GAMBERT, l’Aggiunto in
sussidio Sig. Dott. ANTONIO PASINI,
ed i Signori ASCOLTANTI in sussidio

this morning, bringing with it sealed,
the partial results and the official re-
ports of the decisions arrived at in
the several administrative ‘districts
and transferred itself to the Ducal
Palace, where it took its position in
the Sala dello Scrutinio.

There were sitting in the Court:

His Excellency, the Commendatore
Sebastiano Tecchio, President, and
the Councillors of Appeal:

GIUSEPPE MUTINELLI

Dr. Pietro BOLDRIN

Lopovico LAZZARONI

CARLO COMBI

Dr. ABBONDIO PRADELLI

PAOLA CASTAGNA

Giov. Batt. EDERLE

ANGELO Bosio

ANGELO RIDOLFI

Cav. GIUSEPPE RUFFONI

GIUSEPPE GRUBISSICH

Dr. GIOVANNI BRUGNOLO

ANTONIO CARRARO

Dr. VINCENZO SELLENATI

Dr. FRANCESCO PROVASI |

Dr. ANGELO PUCCINALI, Councillor
of the Maritime Commercial Tri-
bunal of Venice, temporarily attached
to the Court of Appeal.

The State is represented by the
Deputy Attorney General of the State,
Doctor VALENTINO FORLATTI.

The following gentlemen served as
Secretaries of the Court of Appeals:
The noble FEDERICO GAMBERT, As-
sistant Secretary, Doctor ANTONIO
Pasint, Deputy Assistant Secretary
and Drs. EmILio FEDERICI and JA-

696

Dottor EmiLio FEDERICI e JACOPO
SCOLARI.

Per invito del Presidente interven-
nero ad assistere alla giudiziale Se-
duta :

Il Consigliere dei Conti Signor
Pietro GIANASSO ed i Signori Ufh-
ciali Contabili ANTONIO LOCATELLI,
GAETANO ZERBETTI e PAOLO ALBANI.

La parte della Sala non occupata
dal Tribunale è aperta al pubblico ac-
cesso.

Hanno posti distinti i Consoli delle
Potenze estere residenti in Venezia, 1
Rappresentanti le Autorità Politica,
Giudiziaria e Militare del Regno, il
Municipio, l’Istituto Veneto di Sci-
enze, Lettere e Arti ed altri Corpi ac-
cademici, i Capi dell’Istruzione pub-
blica, gli Avvocati, Notai, Giornalisti
ed altre persone specialmente invitate.
Il servizio d’onore e d’ordine è af-
fidato alla Guardia Nazionale.

Il Presidente, ordinato che sieno
deposti sul banco, suggellati quai sono,
gli spogli parziali e relativi documenti
pervenuti dalle diverse Preture, e
dichiarando aperta la Seduta, pronun-
ciò queste parole:

SIGNORI !

11 Tribunale di Apello, al quale ho
l'onore di presiedere, è oggi chiamato
all'ufficio di riconoscere mediante lo
spoglio generale delle votazioni par-
ziali, se i Cittadini delle Provincie
teste liberate dall'occupazione Aus-
triaca siensi pronunciati, e con quanta

DOCUMENTS

COPO SCOLARI, Auditors, temporarily
appointed.

At the invitation of the President
there were present to aid in the judi-
cial session: |

The Councillor of Accounts, FIE-
TRO GIANASSO, and the Auditors, AN-
TONIO LOCATELLI, GAETANO ZER-
BETTI and PAOLO ALBANI.

The part of the hall not occupied by
the Tribunal was open to the public.

There were present, occupying spe-
cial places, the Consuls of the foreign
Powers residing in Venice, the Repre-
sentatives of the Political, Judicial,
and Military Authority of the King-
dom, the Municipality, the Venetian
Institute of Sciences, Literature and
Art and other academic bodies, the
Directors of Public Instruction, bar-
risters, solicitors, journalists and
other people, specially invited. The
guard of honor was provided by the
National Guard.

The President, having given orders
that the partial counts of ballots and
the documents concerning them which
have come from the various praetor-
ships should be deposited on the bench,
sealed as they are, and having declared
the meeting open, spoke as follows:

GENTLEMEN!

The Court of Appeals, over which
I have the honor of presiding, is sum-
moned today to the duty of discover-
ing through the general count of the
partial votes, whether the citizens of
the provinces recently freed from
Austrian occupation have decided,

VENETIA, 1866 697

pienezza di consentimento, sulla for-
mola scritta nel Reale Decreto 7 otto-
bre andante: Dichiariamo la nostra
unione al Regno Monarchico-Costitu-
zionale del Re Vittorio Emanuele II
e de’suoi Successori.

Più nobile e gradito ufficio di co-
desto non poteva venirci commesso;
avvegnachè, ezandio prima che si
ponga mano all’opera, sia universale
la convinzione che il Plebiscito è rius-
cito tale da metter suggello alle aspi-
razioni di questa elettissima e dilettis-
sima parte d’Italia, rese evidenti per
sì lunga via di dolori, dei quali non
giova richiamare la memoria in
questo faustissimo giorno di letizia.

SIGNORI!

Per agevolare e rendere ordinato
lo spoglio, saranno prima separati i
Protocolli pervenuti all’Appello da
ciascheduna delle Provincie Venete e
da quella di Mantova, cominciando
dalla Provincia di Venezia e via via
progredendo sino al compiuto esauri-
mento.

Di ognuna di queste Provincie sa-
ranno registrati e manifestati i voti
quali emergono dai Verbali a noi tras-
messi dalle rispettive Preture Urbane
e Foresi; sicchè verremo partitamente
a rilevare i voti delle distinte Pro-
vincie.

Indi terremo nota e daremo conto
dei voti degli Italiani che a queste
stesse Provincie appartengono, ma di-

and with what fulness of assent, on the

‚formula inscribed in the Royal De-

cree of October 7 of the current year:
“We Declare Our Union with the
Monarchical Constitutional Kingdom
of King Victor Emanuel II and of
His Successors.”

A nobler and more welcome duty
than this could not have been im-
posed on us; in as much as, even be-
fore we set hand to the work, the con-
viction is universal that the plebiscite
has turned out such as to set a seal
on the aspirations of this most beauti-
ful and beloved part of Italy, which
have been made manifest through so
long a road of sorrows, the memory
of which we do not care to recall on
this most fortunate day of rejoicing.

GENTLEMEN!

In order to facilitate the count and
to make it orderly, we will first take
separately the protocols which have
come to the Court of Appeals from
each one of the Venetian Provinces
and from the Province of Mantua,
beginning with the Province of Ven-
ice, and proceeding in order until all
have been covered.

The votes from each of these prov-
inces will be registered and shown just
as they are recorded in the minutes
transmitted to us by the respective
city and country praetorships; so
that we shall be able to keep them dis-
tinct in counting the votes of the sepa-
rate provinces.

Next we shall take account and give
the total of the votes of the Italians
who belong to these same provinces,

698

morano in altre parti del Regno, ed
hanno espressa la loro volonta sulla
formola dianzi riportata, nei modi di-
visati dall’articolo 10 del Reale De-
creto 7 ottobre.

Da ultimo compileremo il risulta-
mento complessivo dei raccolti suf-
fragi.

In seguito a queste parole del Pres-
idente, sciolti i suggelli degli involti
si diede principio all'operazione alla
quale presero parte tutti i componenti
la seduta giudiziale.

Omissis

Ultimato così lo spoglio dei voti e
verificate le cifre, tutti i componenti
la Seduta giudiziale si levarono in
piedi, e il Presidente fece la procla-
mazione che segue:

Sulla formula: Dichiariamo la
nostra Unione al Regno d’Italia sotto
il Governo Monarchico-Costituzionale
del Re VıTTorIo EMANUELE II e de’
suoi Successori, lo spoglio generale dei
voti dei Cittadini delle Provincie Ital-
iane testè liberate dall’occupazione
Austriaca, ha dato questi risultamenti :

Voti validi (Valid votes)
Schede nulle (Void ballots)

Dei voti validi sono pel si ............

‘(Valid ballots for the affirmative)

Dei voti validi sono pel no.............

(Valid ballots for the negative)

Non appena ciò proclamato, le per-
sone che si trovavano stipate nell’
Udienza proruppero in applausi
unanimi, fragorosissimi, acclamando
l’Italia e il suo Re.

DOCUMENTS

but who dwell in other parts of the
Kingdom, and have expressed their
wishes concerning the aforesaid form-
ula in the methods devised by article
10 of the royal decree of October 7.

Finally, we shall add together the
several results from the collected
votes.

Following these words of the
President, the seals of the parcels
were removed and the operation of
counting was begun, in which all those
forming part of the judicial session
took part.

Omission

The count of the votes being thus
completed and the figures verified, all
those composing the judicial session
arose, and the President made the fol-
lowing declaration :

On the formula: ‘ We Declare
our Union with the Kingdom of Italy
under the Monarchical-Constitutional
Government of King VICTOR EMAN-
UEL Il and of His Successors,” the
general count of the votes of the citi-
zens of the Italian Provinces, recently
treed from Austrian occupation, has
given these results:

Corona ne nn 69

As soon as this was proclaimed the
persons who were crowded in the au-
dience room broke out into applause
that was unanimous and most noisy,
acclaiming Italy and her King.

VENETIA, 1866

E il Presidente ad alta voce: In
nome dell’Italia e del Re dichiaro
sciolta la Seduta.

Indi per secondare le mossegli is-
tanze, il Presidente si fece al gran
verone che guarda la piazzetta di S.

Marco, dove era raccolto infinito
numero di Popolo. E di là disse so-
lennemente :

Cittadini!

Il risultato finale del Plebiscito
degli Italiani delle Provincie Venete
e di quella di Mantova, testè liberate
dall’occupazione Austriaca, fu dal Tri-
bunale di Appello riconosciuto e pub-
blicato nei termini che riferisco:

Voti datu validamente .................

(Votes validly cast)

E di questi soli .......................

(And of these only)
Tutti gli altri
(All the others)

Viva L'ITALIA! Viva IL RE!

Senza più il Presidente si ritirava,
e il Popolo con gioia ineffabile ripe-
tea quegli evviva.

699

And the President in a loud voice:
“In the name of Italy and of the
King I declare the session dissolved.”

In accordance with the requests of
those about him, the President stepped
out on the great balcony which looks
upon the Piazetta di San Marco,
where an infinite number of people
had gathered. And from there he
said solemnly :

Citizens!

The final result of the plebiscite
of the Italians of the Venetian Prov-
inces and that of Mantua, recently
freed from Austrian occupation, was
determined and announced by the
Court of Appeals, in the words which
I repeat:

Donar cerrar N 641,827

69 pel No
(are No)

641,758 pel Si}
(are Yes)

“LONG LIVE ITALY! LONG LIVE
THE Kino!”

Thereupon the President withdrew,
and the people with unspeakable joy

repeated those hurrahs.

1 Nella seduta del 31 ottobre 1866, constatato che nello spoglio dei voti del circondario

della Pretura di Rovigo erano stati compresi i voti affermativi dati nella città di Rovigo
ma per errore omessi quelli degli altri comuni di quel distretto e che inoltre dovevano esservi
aggiunti alcuni altri voti dati da cittadini appartenenti alle provincie testè liberate dall’ occu-
pazione austriaca ma dimoranti in altre parti del Regno, si dichiarava doversi registrare e
notificare l’ultimo risultamento del Plebiscito nei seguenti termini:

Voti validi Voti pel Si Votipel No Schede nulle
Cifre pubblicate nel 27 ottobre ... 641,827 641,758 69 370
Cifre aggiunte come sopra ....... 5,488 5,488 i 1
647,315 647,246 69 371

(Translation) :
At the sitting of October 31, 1866, it having been shown that in the count of the votes
of the district of the praetorship of Rovigo, the affirmative votes given in the City of Rovigo

700

Poi furono riposte in buste separate
e distinte secondo le rispettive loro
provenienze, onde farne un inserto da
custodirsi nell’Archivio del Tribunale
di Appello, tutte le carte venute al
banco del Magistrato e prese in esame
all’atto dello spoglio.

E infine fu redatto, letto, approvato,
sottoscritto da tutti i componenti la
Seduta giudiziale e munito del sug-
gello d'Ufficio, il presente processo
Verbale in quattro originali; Puno dei
quali sarà deposto nelle mani di S. M.
il Re, l’altro in quelle di S. E. il Sig-
nor Ministro Guardasigilli, il terzo
negli Archivi generali del Regno e il
quarto, insieme colle carte or ora ac-
cennate, nell'Archivio del Tribunale
di Appello.

SEBASTIANO TECCHIO, Pres-
idente.

Consiglicri

GIUSEPPE MUTINELLI
Lopovico LAZZARONI
ABBONDIO PRADELLI
Giov. BATT. EDERLE
ANGELO RIDOLFI
GIUSEPPE GRUBISSICH
ANTONIO CARRARO
FRANCESCO PROVASI

DOCUMENTS

Then all the papers which had come
to the Magistrate's bench and had
been examined in the counting of the
votes, were replaced in separate and
distinct folders, according to their
respective places of origin, so as to
be inserted and preserved in the
Archives of the Court of Appeals.

And, finally, the present report was
drawn up, read, approved, signed by
all the members of the Judicial Ses-
sion, and sealed with the official seal,
in four original copies; one of which
will be placed in the hands of H. M.
the King, another in those of H. E.
the Minister Keeper of the Seals, the
third in the general Archives of the
Kingdom, and the fourth, together
with the papers above mentioned, in
the archives of the Court of Appeals.

SEBASTIANO TECCHIO, Pres-
ident.

Councillors

GIUSEPPE MUTINELLI
Lopovico LAZZARONI
ABBONDIO PRADELLI
Giov. BATT. EDERLE
ANGELO RIDOLFI
GIUSEPPE GRUBISSICH
ANTONIO CARRARO
FRANCESCO PROVASI

had been included, but by mistake those of the other communes of that district had been
omitted, and that moreover there should have been added some other votes cast by citizens
belonging to the provinces recently freed from the Austrian occupation, but dwelling in
other parts of the Kingdom, it was declared that the final results of the plebiscite should
be registered and proclaimed in the following terms:

Valid Votes Ayes Noes Void Ballots
Figures published Oct. 27......... 641,827 641,758 69 370
Figures added as above .......... 5,488 5,488 .. 1
647,315 647.246 69 371

VENETIA, 1866 701

Dott. Pietro BOLDRIN
CARLO COMBI
PaoLo CASTAGNA
ANGELO Bosio
GIUSEPPE RUFFONI
GIOVANNI Dott. BRUGNOLO
VINCENZO Dott. SELLENATI
. Dott. ANGELO PICCINALI
VALENTINO Dott. FORLATTI, Sost.
Proc. Sup. di Stato.

Contabili

PIETRO GIANASSO, Cons.

GAETANO ZERBETTI, Uff.

ANTONIO LOCATELLI, U ff.
PAoLo ALBANI, Uff.

Segretari

FEDERICO GAMBERT
Dott. EMILIo FEDERICI
ANTONIO Dott. PASINI
Jacopo SCOLARI

Dr. Pietro BOLDRIN

CARLO COMBI

PAOLO CASTAGNA

ANGELO Bossio

GIUSEPPE RUFFONI

Dr. GIOVANNI BRUGNOLO

Dr. VINCENZO SELLENATI

Dr. ANGELO PICCINALI

Dr. VALENTINO FORLATTI,
Deputy Attorney General.

Accountants

PIETRO GIANASSO, Counsellor
GAETANO ZERBETTI, Official
ANTONIO LOCATELLI, Official.
PAOLO ALBANI, Official.

Secretaries :

FEDERICO GAMBERT
Dr. EMILIO FEDERICI
Dr. ANTONIO PASINI
JACOPO SCOLARI.

Royal Decree Uniting Venetia to the Kingdom of Italy. November 4, 1866

VITTORIO EMANUELE II

PER GRAZIA DI DIO E PER VOLONTÀ
DELLA NAZIONE

RE D'ITALIA

Vista la legge del 17 marzo 1861,
n. 4671;

Visto il risultamento del suffragio
nazionale, col quale i cittadini delle
provincie italiane liberate, convocati
nei comizi il giorno 21 ed il 22 ottobre
scorso, hanno dichiarata l’unione al
regno d’Italia colla monarchia costitu-

- VICTOR-EMANUEL I

BY THE GRACE OF GOD, AND THE WILL
OF THE NATION,

KING OF ITALY:

In view of the Law of March 17,
1861, No. 4671;

In view of the result of the national
suffrage, by which the citizens of the
liberated Italian provinces summoned
to the polls on October 21st, and 22nd
of last October, have declared for
union with the Kingdom of Italy un-

702

zionale di Vittorio Emanuele II e suoi
successori ;

Sentito il Consiglio dei ministri;

Abbiamo decretato e decretiamo:

Art. 1. Le provincie della Vene-
zia e quella di Mantova fanno parte
integrante del regno d’Italia.

Art. 2. L'articolo 82 dello Sta-
tuto sarà applicabile alle provincie sud-
dette fino a che le provincie medesime
saranno rappresentate nel Parlamento
nazionale.

ART. 3. Il presente decreto sarà
presentato al Parlamento per essere
convertito in legge.

Ordiniamo che il presente decreto,
munito del sigillo dello Stato, sia in-
serto nella raccolta ufficiale delle leggi
e dei decreti del regno d’Italia, man-
dando a chiunque spetti di osservarlo
e di farlo osservare.

Dato a Torino, addi 4 novembre
1866.
VITTORIO EMANUELE.
RICASOLI — BORGATTI — SCIALOJA
— DEPRETIS — CUGIA — JACINI —
Corpova — BERTI — VISCONTI-VE-
NOSTA.

DOCUMENTS

der the Constitutional Monarchy of
Victor Emmanuel II and his suc-
cessors.

Having heard the Council of Min-
isters we have decreed and decree:

ARTICLE l. That the provinces of
Venetia and that of Mantua form an
integral part of the Kingdom of Italy.

Art. 2. That Article 82 of the
Constitution shall be applicable to the
aforesaid provinces until such time as
these provinces shall be represented in
the National Parliament.

ART. 3. The present decree shall
be presented to Parliament to be con-
verted into law.

We order that the present decree,
sealed with the Seal of State, shall be
entered in the official collection of
laws and decrees of the Kingdom of
Italy, requiring of all whom it may
concern to observe it and to see that
it is observed.

Done at Turin, November 4th,
1866.

VICTOR EMANUEL

RicasoLI — BORGATTI — SCIALOJA
— DEPRETIS — CUGIA — JACINI —
Corpova — BERTI — VISCONTI-VE-
NOSTA.

Ratification of the Decree of Umion. January 30, 1867 !

Progetto di legge presentato alla
Camera dei deputati dal Presidente del
Consiglio dei ministri, ministro dell’
interno (Ricasoli), nella tornata del
30 gennato 1867.

Bill presented to the Chamber of
Deputies by the President of the
Council of Ministers, the Minister of
the Interior (Ricasoli) at the session
of the 30th of January, 1867.

1Le Assemblee, vol. 2, p. 734. The bill was approved in the Chamber in the session of
May 16, 1867, and in the Senate on May 25. It is cited as the Law of July 18, 1867. No. 3841.

VENETIA, 1866

SIGNOR1!

Appena cessata la dominazione stra-
niera che teneva separate le provincie
venete dall'Italia, il Governo del Re
chiamava i popoli della Venezia ad
esprimere in solenni Comizi la loro
volontá di unirsi al regno d'Italia
sotto il Governo costituzionale di Re
Vittorio Emanuele II e de’ suoi suc-
cessori.

Poichè quelle nobili provincie ave-
vano già sino dal 1848 manifestata
questa stessa volontà, facendo prova

di valore, di cui rimarrà imperitura

la memoria, ed avevano con dicias-
sette anni di resistenza e di patimenti
consacrato quel generoso proposito, il
decreto 7 ottobre che intimava il so-
lenne plebiscito ebbe principalmente
per iscopo di rendere omaggio al prin-
cipio onde s'informa il nostro diritto
costituzionale.

Voi, o signori, sapete in che modo
rispondessero i popoli della Venezia

all'appello che in nome d'Italia fece.

loro il Governo del Re.

Nei giorni 21 et 22 ottobre, 647,246
sì raccolti nelle urne elettorali delle
provincie venete chiusero per sempre
la storia del dominio straniero in
Italia.

Conosciuto il risultato del suffragio
nazionale, il Governo di S. M. con de-
creto del 4 novembre 1866, procla-
mava che le provincie della Venezia e
di Mantova facevan parte integrante
del regno d'Italia, e vi promulgava
l'articolo 82 dello Statuto perchè vi

703

GENTLEMEN:

Scarcely had the foreign domina-
tion ceased which held apart the Vene-
tian provinces of Italy, when the
King's Government called the people
of Venice to express in solemn popu-
lar assemblies their will to unite them-
selves to the Kingdom of Italy un-
der the constitutional government of
King Victor Emanuel 11 and of his
successors.

Because these noble provinces have
manifested this same desire since
1848, giving proof of valour, which
will remain an imperishable mem-
ory; and having by seventeen years
of resistance and of suffering conse-
crated this generous proposition, the

‘decree of October 7 which announced

the solemn plebiscite, had for its prin-
cipal purpose that of rendering hom-
age to the principle on which our con-
stitutional law is based.

You, gentlemen, know in what man-
ner the people of Venice responded to
the appeal which the Government of
the King made to them in the name of
Italy.

On the days of the 21st and 22nd
of October, 647,246 affirmative votes
were recorded in the electoral urns of
the provinces of Venetia, and closed
for ever the history of foreign dom-
ination in Italy.

The result of national suffrage once
known, His Majesty’s government, by
a decree of the 4th of November,
1866, proclaimed that the provinces
of Venetia and of Mantua formed an
integral part of the Italian Kingdom,
and promulgated Article 82 of the

704

avesse effetto fino a che le provincie
suddette fossero rappresentate nel
Parlamento nazionale.

Adempiendo oggi la riserva con-
tenuta dell’articolo 3 del predetto de-
creto, il referente ha l’onore di pre-
sentarlo al Parlamento acciò lo con-
validi nelle forme volute dalla Costi-
tuzione.

Progetto di Legge

ARTICOLO UNICO. È data forza di
legge al regio decreto 4 novembre
1866, n. 3300, col quale fu dichiarato
che le provincie della Venezia e quella
di Mantova fanno parte integrante del
regno d'Italia.

DOCUMENTS

Constitution, to take effect in order
that the provinces above mentioned
should be represented in the National
Parliament.

Fulfilling to-day the reservation
contained in Article 3 of the afore-
said decree, the speaker has the honor
to present it to Parliament for the
purpose of validating it in the form
required by the Constitution.

BILL

ARTICLE l. Force of law is given
to the royal decree of November 4,
1866, No. 3300, in which it was de-
clared that the provinces of Venetia,
and of Mantua form an integral part
of the Kingdom of Italy.

Rome, 1870

Proclamation of Cadorna After the Taking of Rome.

ROMANI!

La bonta del diritto, e la virtù dell
esercito, mi hanno in poche ore con-
dotto fra voi, rivendicandovi in lib-
ertà.

Omai l’avvenir vostro, quello della
Nazione è nelle vostri mani. Forte
dei vostri liberi suffragi l’Italia avrà
la gloria di sciogliere finalmente quel
gran problema, che si dolorosamente
affatica la moderna società.

Grazie, Romani, a nome anche dell’-

1Le Assemblee, vol. 9 Roma, vol. 4, p. 1089.

September 20, 1870 !

Romans!

The virtue of right and the valor
of the army have in a few hours
brought me among you, restoring you
to liberty.

Henceforth your future and that
of the Nation is in your hands.

By the strength of your free suf-
frage Italy will have the glory of
finally settling, the great problem
which has so unhappily affected mod-
ern society.

Thanks, Romans, in the name of the

ROME, 1870

Esercito, delle liete accoglienze che ci
faceste. L'ordine mirabilmente finora
serbato, continuate a guardarlo; chè
senz'ordine non v'è libertà.

Romani! la mattina del 20 settem-
bre 1870, segna una data delle più
memoriabili della Storia, Roma anche
una volta è tornata, e per sempre, ad
essere la grande Capitale d'una grande
Nazione!

Viva IL RE, Viva L’ITALIA.

Roma, il 21 settembre 1870.
Il comandante generale il IV
corpo d’esercito,
R. CADORNA.

705

Army, for the joyous welcome you
have given to us.

So far order has been wonderfully
maintained; continue to guard it.
Without order there is no liberty.
Romans! The morning of Septem-
ber the 20th, 1870, will be a date
among the most memorable in his-
tory. Rome has once more, and for-
ever, become the great capital of a
great nation!

LoNG LIVE THE KING!
ITALY!

Rome, September 21st, 1870.
General Commanding the 4th

Army Corps,

LoNG LIVE

R. CADORNA.

Election of a Provisional Administrative Giunta by a Popular Assembly.
September 22, 1870 *

Notice

ROMANI!

Il Comizio popolare, convocato oggi
alle ore 3 pomeridiane nell’ Anfiteatro
Flavio, al quale intervennero oltre
10,000 persone, eleggeva, quasi all’-
unanimità, - a componenti la Giunta
Provvisoria Amministrativa 1 se-
guenti cittadini; —

ROMANS!

The popular Assembly convoked at
3 P. M. today in the Flavian Amphi-
theatre, at which more than 10,000
persons were present, elected almost
unanimously the following citizens as
members of the Provisional Adminis-
trative Giunta :—

Mattia Montecchi — Alessandro Castellani — Giovanni Costa — Vincenzo
Rossi — Felice Ferri — Pietro De Angelis — Augusto Silvestrelli — Duca D.
Michele Caetani — Alessandro Avv. Cavallini — Filippo Avv. Bruni — Comte
Luigi Amadei — Ingegnere Francesco Armellini — Avv. Luigi Boccafogli —
Generale Pietro Rosselli — Ernesto Ranucci — Nino D'Andreis — Baldassare
de’ Principi Odescalchi — Francesco del Gallo — Felice Scifoni — Prof. Guido
Baccelii — Prof. Pietro Rosa — Emanuele de’Principi Ruspoli — Ignazio de’

1 British Parliamentary Papers, Affairs of Rome [c. 247], p. 52.

706 DOCUMENTS

Principi di Piombino — Gaetano Narducci — Achille Gori Mazzoleni — Pie-
tro Camporesi — Gaetano de Nicolo — Dott. Carlo Maggiorani — Eugenio
Agneni — Conte Michele Amadei — Vincenzo Tittoni — Avv. Francesco Tan-
credi — Filippo Costa — Luigi Simonetti — Avv. Raffaele Marchetti — Ales-
sandro del Grande — Princ. Francesco Pallavicini — Augusto Castellani —
Duca Sforza Cesarini — Avv. Biagio Placidi — Avv. Augusto Baccelli —
Augusto Tittoni — Bosio dei Duchi Sforza Cesarini — Eugeni de’Principi
Ruspoli.
Per la Presidenza,
(Firmato) Mattia MONTECCHI.

Cadorna Appoints a Provisional Giunta. September 22, 1870!

Il comandante generale del IV
Corpo d'armata in forza dell’alta au-
torità conferitagli dal Governo del Re,
anche all’effetto di promuovere la
formazione della Giunta per la città
di Roma,

DICHIARA

che la detta Giunta rimane definitiva-
mente costituita dai seguenti cittadini,
i quali entreranno immediatamente
nell’esercizio delle relative funzioni:

Michele Caetani duca di Sermoneta,
Presidente — Principe Francesco Pal-
lavicini — Duca Francesco Sforza
Cesarini — Emanuele dei principi
Ruspoli — Principe Baldassare Odes-
calchi — Ignazio Boncompagni dei
principi di Piombino — Professore
Carlo Maggiorani — Avvocato Biagio
Placidi — Avvocato Raffaele Mar-
chetti — Avvocato Vincenzo Tan-
credi — Vincenzo Tittoni — Vincenzo

1 Le Assemblee, vol. 9, p. 1089.

The General Commanding the 4th
Army Corps, by virtue of the au-
thority conferred upon him by the
King's Government and in order to
form a Giunta for the City of Rome.

DECREES

that the said Giunta shall be perma-
nently composed of the following citi-
zens, who will enter immediately into
the exercise of their various func-
tions:

Michele Caetani, Duke of Sermon-
eta, President; Prince Francesco Pal-
lavicini; Duke Francesco Sforza Ce-
sarini; Emanuel, of the Princes of
Ruspoli; Prince Baldassare Odescal-
chi; Ignazio Boncompagni, of the
Princes of Piombino; Carlo Maggio-
rani, Professor; Biagio Placidi, Adv. ;
Raffaele Marchetti, Adv.; Vincenzo
Trancredi, Adv.; Vincenzo Tittoni;
Vincenzo Rossi; Pietro de Angelis;

ROME, 1870 707

Rossi — Pietro de Angelis — Achille Achille Mazzoleni; Felice Ferri; Au-
Mazzoleni — Felice Ferri — Augusto gusto Castellani; Fillippo Costa;
Castellani — Filippo Costa — Ales- Allessandro del Grande.
sandro Del Grande.
Roma, 22 settembre 1870. Rome, September 22, 1870.
R. CADORNA. R. CADORNA.

Dispatches of Mr. Jervoise to Earl Granville, British Foreign Minister, Sep-
tember 27 and 28, 1870 *

Rome, September 28, 1870.
My Lorp,

A monster meeting was held at the Coliseum on Thursday afternoon, called
by Signor Mattia Montecchi, a member of the Republican Government of
1849, at which a Giunta was proposed of forty-two persons, whose names are
given in the accompanying list.

The Republicans were becoming extremely dangerous, when General Ca-
dorna, who does not appear to have been furnished with instructions before he
entered Rome for the Civil administration, issued a Proclamation appointing
another Giunta to act as a Provisional Government until the plebiscite to be
taken next month shall have been declared. This second Giunta, composed
of eighteen persons, includes the names of the most influential Roman citizens,
whose acceptance of the position is a guarantee that the Republican element |
has for the present been suppressed. Its partisans, 1 am told, immediately
that the Giunta was settled and before its official declaration was announced
from the Capitol on the 24th, were informed that if they did not leave Rome
quietly they would be put out at the point of the bayonet. The Giunta was
finally composed of fourteen persons, . . .

Rome, September 27, 1870.
(Extract)

The King's letter to the Pope, and General Cadorna's Proclamation, had
given it to be understood that the Public Administrations were for the pres-
ent to continue to exercise their functions as before, and the Roman Giunta
refused to accept the nominees from Florence; two members of the Provi-
sional Government left Rome yesterday for Florence, in order to represent the
case to the Cabinets.

1 British Parliamentary Papers, Affairs of Rome [c. 247], p. 52.

708

DOCUMENTS

- Another question which they were also to discuss there is the form of the

plebiscite.

One has been sent from Florence, expressing the will of the peo-

ple of the Roman provinces to be incorporated with the Italian Kingdom, pro-
vided the independence of the Pope is secured.

This conditional form is objected to, as it would leave an opening at every
turn for the Pope to say that he was not independent, and a perpetual wound
would be kept open and excuse left for His Holiness to assert that the con-
ditions of the plebiscite were not observed.

The 2nd of October had been named as the day for taking the plebiscite, but
it seems impossible that the priests who have been applied to for the lists can

accomplish their task by that time.

Proclamation of the Roman Giunta Fixing the Date and Form of the Plebis-

cite.

ROMANI!

La Giunta ha fissato il Plebiscito
del popolo romano e della provincia di
Roma pel giorno 2 ottobre; e propone
ai suffragi universali la seguente
formula :

“ Vogliamo la nostra unione al
Regno d'Italia, sotto il Governo mo-
narchico costituzionale del Re Vit-
torio Emanuele II e suoi successori.”

Romani! Gli sforzi e i sacrifici dei
cittadini liberali, la magnanimità d’un
Re, il valore dell'esercito italiano, e la
maturità dei tempi, ci restituiscono il
diritto di disporre liberamente dei nos-
tri destini.

Sotto l'egida di libere istituzioni,
lasciamo al senno del Governo italiano
la cura di assicuare l’indipendenza
dell'autorità spirituale del Pontefice.

Il giorno e solenne. La storia re-

September 29, 1870!

Romans!

The Giunta has fixed the 2nd of
October for the plebiscite in Rome and
in the provinces. The following
formula is proposed :—

“We desire our union with the
Kingdom of Italy under the Constitu-
tional Monarchy of King Victor
Emanuel II and his successors.”

Romans! The efforts and sacri-
fices of the citizens of Italy, the mag-
nanimity of a King, the bravery of the
Italian Army, and the ripeness of
time, restore to us the right of dis-
posing freely of our destinies.

Under the aegis of liberty we leave
to the good sense of the Italian Gov-
ernment the task of insuring the in-
dependence and spiritual authority of
the Pontiff.

The moment is a solemn one; His-

1Le Assemblee, vol. 9, p. 1093. Translation from British Parliamentary Papers, Affairs

of Rome [c. 247], p. 59.

ROME, 1870

gistrerà a carratteri indelibili il grande
avvenimento che consacra il fecondo
principio : libera Chiesa in libero Stato.

Nell’approssimarci all'urna, richia-
miamo alla mente che, deponendo il
Sì, noi compiremo i voti d’Italia e del
Parlamento, e rimetteremo al suo
posto Roma nostra, la grande Madre
dell’antica civiltà.

Campidoglio, 29 settembre 1870.

Il Presidente,
Duca CAETANI.
(Seguono le altre firme)

709

tory will register in indelible char-
acters the great event which will con-
secrate the noble principle of a free
Church in a free State.

Before voting let us call to mind
that by an “aye” we meet the wishes |
of Italy and of the Parliament, and
we replace our Rome, the mother of
ancient civilization, in her proper po-
sition.

Campidoglio, September 29, 1870.

The Presidenti,
Duke CAETANI.

(The other signatures follow)

Rules of Procedure for the Plebiscite, September 29, 1870!

LA GIUNTA PROVVISORIA DI GOVERNO
DI ROMA E SUA PROVINCIA

Pel regolare andamento dell'immi-
nente Plebiscito si dispone:

1. Il voto pel Plebiscito sarà dato
per Sì o per No a mezzo d'un bollet-
tino stampato e a scrutinio segreto.

2. Tutti i cittadini d’età maggiore
nati o domiciliati nel comune, che si
trovano in possesso dei diritti civili,
hanno facoltà di dare il loro voto.

3. Sono esclusi dal voto tutti coloro
che furono colpiti da sentenze infa-
manti.

4. È istituito in Roma, sotto la di-
pendenza della Giunta, un Comitato
del Plebiscito composto di dodici citta-
dini.

1 Le Assemblee, vol. 9, p. 1091.

THE PROVISIONAL GIUNTA OF THE
GOVERNMENT OF ROME AND HER
PROVINCES

In order to have a regular proced-
ure for the approaching plebiscite; it
is ordered that:

1. The vote of the plebiscite shall
be given by “ yes” or “no,” by means
of a printed vote and secret ballot.

2. All citizens who are of age,
born or domiciled in the commune
and in possession of their civil rights,
have the right to vote.

3. All those who have been sen-
tenced as criminals are excluded from
voting. |

4. There is instituted in Rome, un-
der the Giunta, a committee for the
plebiscite, composed of 12 citizens.

710

5. Questo Comitato sceglierá un
numero sufficiente di Sottocomitati di
tre persone, le quali saranno preposte
agli Uffici d'iscrizione, cha a sua cura
dovranno aprirsi nelle diverse parti
della città di Roma.

6. I Sottocomitati dietro le oppor-
tune verifiche dei requisiti che si do-
mandano per aver diritto al voto, ser-
vendosi dei libri parrocchiali, che sono
messi a loro disposizione e delle note
statistiche delle presidenze di Roma,
iscriveranno il nome e cognome di
ciascuna in una matricola o lista da
formarsi nei singoli Uffici, e lo muni-
ranno del bollettino d’ammissione per
la votazione.

7. Queste liste dei cittadini aventi
diritto alla votazione e il rilascio dei
bollettini d'ammissione, saranno fatte
in simil guisa in tutti i comuni della
provincia di Roma dalle Giunte ris-
pettive, e dai Comitati che da esse sa-
ranno deputati, istituendo, dove oc-
corra, uno o più uffici d'iscrizione per
comodo della popolazione.

8. I bollettini d'ammissione porte-
ranno l'indicazione a stampa del nu-
mero dell'ufficio da cui vengono rila-
sciati; e sotto questa indicazione sarà
notato per iscritto di tutto pugno d'uno
dei membri del Sottocomitato il nome
e cognome della persona, in cui fu ri-
conosciuto il diritto del voto.

9. Nel giorno della votazione lo
scrutinio sarà aperto in Roma in do-
dici appositi locali, che saranno all’
uopo destinati, sotto la presidenza
d'uno dei membri della Giunta con

DOCUMENTS

5. This committee shall choose a
suitable number of sub-committees,
each composed of three people, who
shall be stationed at the registration
offices which shall be opened under
their charge in the several sections of
the City of Rome.

6. The sub-committees, having
made the necessary verification of the
qualifications which are required for
the vote by making use of the parish
registers, which shall be put at their
disposal, and of the statistics of the
presidencies of Rome, shall inscribe
the name and surname of each voter
in a register or list to be drawn up in
each office, and shall furnish them
with voting certificates.

7. These lists of citizens who have
the right to vote, and the giving out
of voting certificates, shall be made
alike in each of the communes of the
Province of Rome by the respective
Giuntas and by the committees which
shall be appointed by them, and,
wherever necessary, one or more
registration offices shall be opened to
accommodate the people.

8. The voting certificates shall have
on them a stamped number indicating
the office which has issued them, and
under this mark there shall be written
in the handwriting of a member of
the sub-committee, the name and sur-
name of the person who has the right
to vote.

9. On the day of the voting the
polls shall be opened in Rome in
twelve suitable localities, which shall
be prepared for the purpose under the
presidency of one of the members of

ROME, 1870 711

l'assistenza d'uno dei membri del
Comitato e di tre cittadini a ciò depu-
tati.

10. In provincia lo scrutinio sarà
aperto nel capoluogo del comune sotto
la presidenza della Giunta municipale.

11. A cura del Comitato in Roma
e della Giunta e Comitati della prov-
incia saranno distribuite prima della
votazione le schede a stampa espri-
menti un Sì od un No di cui i citta-
dini potranno liberamente valersi per
deporre il loro voto nell’urna, che
verrà per questo effetto disposta nel
luogo dell'adunanza.

12. Tre membri almeno degli uf-
fici di presidenze dovranno esser sem-
pre presenti durante la votazione che
sarà aperta alle ore 8 antimeridiane e
durerà per tutta la giornata.

13. Il presidente di ciascun ufficio
è incaricato della polizia dell’adu-
nanza. Esso prenderà tutte le pre-
cauzioni necessarie ad assicurare l'or-
dine e la tranquillità ; e per tale effetto
tutte le autorità civili e militari do-
vranno prestarsi ad ogni sua richiesta.

14. Il votante prima di essere am-
messo a deporre la sua scheda nell’-
urna, dovra dichiarare il suo nome ed
esibire il suo bollettino d'ammissione
all'ufficio della presidenza.

15. Chiuso lo scrutinio in Roma,
tutte le urne dal presidente e dagli
altri membri assistenti saranno por-
tate nella gran sala del Campidoglio,
dove alla pressenza del pubblico si
procederà allo spoglio dei voti, fa-

the Giunta with the assistance of one
of the members of the committee, and
of three citizens who shall be dele-
gated for the purpose.

10. In the provinces the counting
of the votes shall take place in the
chief place of the commune under the
presidency of the municipal Giunta.

11. The committee in Rome and
the Giunta and committees of the
provinces shall distribute before the
voting, the ballots printed with a
“No” or a “ Yes” which the citi-
zens shall be able to use freely in or-
der to deposit their votes in the urn,
which they will find placed for this
purpose in the place of meeting.

12. At least three members of the
committee in charge of the vote must
be always present during the ballot-
ing, which shall begin at the hour of
8 A. M. and which shall last through-
out the day. |

13. The president of each office is
charged with the discipline of the as-
sembly. He shall take all precau-
tions necessary to secure order and
tranquility; and for this purpose the
civil and military authorities must ac-
cede to any demand made by him.

14. Each voter, before being al-
lowed to deposit his ballot in the urn,
must give his name and show his
voting certificate to the committee in
charge.

15. At the close of the balloting in
Rome, all the urns shall be carried by
the presidents and the other members
present to the Great Hall of the
Campidoglio, where in the presence
of the public they shall proceed to the

712

cendo risultare il successo della vota-
zione da apposito verbale, che sarà
sottoscritto dai membri presenti della
Giunta e del Comitato.

16. Nella provincia in ogni capo-
luogo si farà egualmente dalle rispet-
tive Giunte lo spoglio dei voti, si fir-
merà il verbale e se ne proclamerà il
risultato. I verbali poi saranno pron-
tamente rimessi alla Giunta di Go-
verno in Roma, perchè unitamente al
risultato della votazione di Roma
possa proclamare il risultamento defi-
nitivo del Plebiscito di tutta la prov-
incia. .

17. Con apposito avviso sara pro-
mulgata la formula del Plebiscito e
destinato il giorno alla votazione.

18. Il Comitato del Plebiscito è
composte dei signori: Principe di
Teano, conte Carlo Lovatelli, Ales-
sandro Piacentini, Camillo Piccioni,
Augusto Silvestrelli, Cesare Brenda,
Rodolfo Volpicelli, Augusto avv.
Rossi, Pietro Poggioli, Giovanni An-
gelini architetto, Giulio Costa, Eu-
genio Cave.

Roma, 28 settembre 1870.
MICHELANGELO CAETANI, presidente.

DOCUMENTS

counting of the votes, making known
the result of the balloting by a proper
formal minute which shall be signed
by the members of the Giunta and of
the committee who shall be there.

16. In the provinces, in the chief
place of each commune, the Giunta
shall proceed to the count in like
manner, shall draw up a minute and
shall proclaim the result. The report
shall be at once sent to the Govern-
mental Giunta at Rome, in order that
in this way the result of the vote in
Rome and the final results of the
plebiscite in all the Provinces may be
proclaimed at the same time.

17. The formula for the plebiscite
shall be promulgated with the appro-
priate notification and the day desig-
nated for the vote.

18. The Committee on the plebis-
cite is composed of the following
gentlemen; Prince Teano, Count
Carlo Lovatelli, Allessandro Pia-
centini, Camillo Piccinni, Augusto
Silvestrelli, Cesare Brenda, Rodolfo
Volpicelli, Adv., Augusto Rossi,
Pietro Pogglioli, Giovanni Angelini,
architect, Giulio Costa, Eugenio
Cave.

Rome, 28 September, 1870.
MICHELANGELO CAETANI, President.

ROME, 1870 713

Authentic Copy of the Statement of the Votes Cast in the Leonine City.
October 2, 1870 !

IN NOME DI DIO
REGNANDO
S. M. VITTORIO EMANUELE II
RE D'ITALIA

Del pontificato di S. S. Papa Pio
IX anno XXV;

Romana Indizione XIII. A dì due
ottobre MDCCCLXX

A richiesta dell’Ecc. ma Giunta
Provvisoria di Roma e Provincia, io
Acindino Buratti, Notaro pubblico,
avente Studio in Roma, via Borgo
Nuovo, N. 171, assistito dall’infra-
scritto Connotaro in luogo di Testi-
moni, mi sono recato nella Sala Mag-
giore di Campidoglio, all'oggetto di
riconoscere la integrità della biffa e
dei suggelli apposti da me questa
mane, ad istanza dei Signori AUGUSTO
SBRISCIA, EUGENIO Prof. AGNENI E
FRANCESCO Vizzica, ad un urna di
cristallo contenente una quantitá di
schede.

Alla presenza quindi di tutti 1 com-
ponenti la lodata Ecc. ma Giunta del
Deputati e Sotto-Deputati e della parte
del Popolo liberamente intervenuta,
ho verificata la biffa e suggelli dell’
urna suddetta che ho rinvenuta deposi-
tata nella Sala Maggiore sunnominata,
rinvenuta in tutto integra e non vizi-
ata, ho proceduto alla remozione della
biffa medesima e quindi alla verifica

1Le Assemblee, vol. 9, p. 1094.

IN THE NAME OF GOD
IN THE REIGN OF
H. M. VICTOR EMANUEL II
KING OF ITALY

Of the Pontificate of H. H. Pope
Pius IX the XXV year;

Roman indiction XIII, the second day
of October, MDCCCLXX

At the request of the Most Exc.
Provisional Committee of Rome and
its Province, I, Acindino Buratti,
Notary Public, having an office in
Rome, via Borgo Nuovo 171, accom-
panied by the undersigned Fellow
Notary instead of witnesses, went to
the Great Hall of the Capitol with
the purpose of examining the
genuineness of the mark and of the
seals placed by me this morning, at
the request of Messrs. AUGUSTO
SBRISCIA, Professor EUGENIO AG-
NENI and FRANCISCO VIZZICA, on a
glass urn containing a number of pa-
pers.

In the presence of those composing
the distinguished most Exc. Giunta of
deputies and assistant deputies, and
of that part of the people which was
freely present, I verified the mark and
seals on the aforesaid urn, which I
found deposited in the Great Hall
above-mentioned, finding it wholly un-
touched and uninjured ; I proceeded to
remove this same mark and then to

=

714 DOCUMENTS

delle schede in essa esistenti, che si
sono rinvenute in numero di 1546
portanti tutte il si, in adesione al Go-
verno Costituzionale di VITTORIO
EMANUELE II. Durante la compila-
zione dell’atto suddetto, si sono pre-
sentati gli stessi Signori SBRISCIA,
AGNENI, Vizzica ed altri abitanti
della Città Leonina, ed hanno con-
segnato alla lodata Giunta Municipale
una Bandiera con la iscrizione: Città
Leonina, sì; che è stata ricevuta dalla
lodata Giunta.

Su di che, ecc.

Atto fatto ove sopra presente il
Signor GIOVANNI BATTISTA BORNIA
Connotaro, che si firma come si disse
in luogo di Testimoni, unitamente ai
Membri della Giunta suddetta e me
Notaro stipolante.

M. CAETANI — V. TANCREDI — F.
PALLAVICINI — A. CASTELLANI — R.
MARCHETTI — P. DE ANGELIS — C.
MAGGIORANI — V. TITTONI — I.
BoNCOMPAGNI dei Principi di Piom-
bino — A. DEL GRANDE — F. FERRI
— B. OprescaLcHI — A. Mazzo-
LENI — B. PLacipr — E. RusPoLI —
F. SFORZA CESARINI — A. SBRISCIA
— E. AGNENI — F. Vizzica — L.
MASCETTI.

Giov. BATTISTA BoRNIA, Notaro in
luogo dei Testimom.

Cosi e, ACINDINO BURATTI, Notaro
pubblico rogato, Registrato a Roma,
li 7 ottobre 1870, in tre pagine, una
postilla, Vol. 42, Atti pubblici, foglio

verify the votes which were in it,
which were found to be 1546 in num-
ber, all marked with Yes, in adhesion
to the Constitutional Government of
Victor Emanuel II. While the above-
mentioned act was being performed,
the same Messrs. SRRISCIA, AGNENI
Vizzica and other residents of the
Leonine City, presented themselves
and handed over to the honorable
municipal Giunta a banner with the
inscription: “Leonine City, Yes”;
which was received by the approved
Committee.

Whereupon, etc.

Report made as above in the
presence of Mr. GIOVANNI BATTISTA
BornIA, Fellow Notary, who signs as
aforesaid instead of witnesses, to-
gether with the members of the
Giunta aforesaid and of me, the tes-
tifying notary.

M. CAETANI, V. TANCREDI, F.
PALLAVICINI, A. CASTELLANI, R.
MARCHETTI, P. DE ANGELIS, C. Mac-
GIORANI, V. TITTONI, I. Boncom-
PAGNI of the Princes of Piombino,
A. DEL GRANDE, F. Ferri, B. ODpEs-
CALCHI, A. MAZZOLENI, B. PLACIDI,
E. RuspoLI, F. SFORZA CESARINI, A.
SBRISCIA, E. AGNENI, F. VIZZICA,
L. MASCETTI.

Giov. BATTISTA BORNIA, notary
instead of witnesses.

Thus it is, ACINDINO BURATTI,
Notary Public signing, Registered at
Rome, October 7, 1870, in three
pages, one annotation, Volume 42,

ROME, 1870

27, R. Cas, 5” Ricevute lire tre e
trenta centesimi.
O. PIEROTTI.

Per copia autentica da ma infra-
scritto collezionata e rinvenuta con-
forme al suo originale S. E.— Data
dal mio Officio, in tre pagine senza
postille, li 7 ottobre 1870.

ACINDINO BurATTI, Notaro pub-
blico in Roma.

715

P. A., page 27 R. Cas. 5. Received
three lire and thirty centesimi.
O. PIEROTTI.

An authentic copy collated by me,
the undersigned, and found to agree
with the original S. E. (without ex-
ception). Given in my office in three
pages without annotation October 7,
1870.

ACINDINO BURATTI, Notary Public
in Rome.

Formal Minute of the Result of the Plebtscite, October 6, 1870 *

S. P.Q.R.

Esibita di documenti fatta dal’ Ec-
cellentissima Giunta Provvisoria di
Roma e Provincia e dagli onorevoli
signori Deputati delle Giunte Prov-
visorie di Governo di Civitavecchia,
Frosinone, Velletri e Viterbo.

IN NOME DI DIO
REGNANDO
S. M. VITTORIO EMANUELE II
RE D'ITALIA

L’anno 1870, il giorno di Giovedì
6 Ottobre;

Innanzi di me CamiLLo VITTI, No-
tato Maggiore presso il Senato Ro-
mano, di Studio via Aracoeli, N. 60,
assistito dall’infrascritto mio Collega
personalmente costituito.

L’Ecc. ma Giunta Provvisoria di
Governo di Roma e Provincia, com-
posta degli Onorevoli Signori:

1 Le Assemblee, vol. 9, p. 1095.

S.P.Q.R.

Presentation of documents made
by the most Excellent the Provisional
Giunta of Rome and its Province and
by the honorable Deputies of the
Provisional Giuntas of Civitavecchia,
Frosinone, Velletri, and Viterbo.

IN THE NAME OF GOD
IN THE REIGN OF

H. M. VICTOR EMANUEL Il
KING OF ITALY

In the year 1870, Thursday the
sixth of October;

Before me CamiLLo VITTI, Chief
Notary of the Roman Senate in my
office, number 60 via Aracoeli, as-
sisted by my undersigned colleagues,
personally appointed by me.

The Most Excellent Provisional
Giunta of the Government of Rome
and its Province, composed of the
Honorable:

716

Duca MICHELANGELO CAETANI,
Presidente
VINCENZO Avv. TANCREDI, Vice-

presidente
Principe FRANCESCO PALLAVICINI
EMANUELE dei Principi Ruspoli

Duca FRANCESCO SFORZA, CESA-
RINI

IGNAZIO BONCOMPAGNI dei Prin-
cipi di Piombino

Avv. Bıacıo PLACIDI

Avv. RAFFAELE MARCHETTI

VINCENZO TITTONI

Pietro DE ANGELIS

ACHILLE Gori MAZZOLENI

FELICE FERRI

AUGUSTO CASTELLANI

ALESSANDRO DEL GRANDE

Professore CARLO MAGGIORANI

Come pure personalmente esistenti
gli onorevoli signori:

Marchese GIULIO GUGLIELMI E
ANNIBALE LESEN, Deputati della
Giunta di Governo di Civitavecchia;

Gli onorevoli signori:

GIROLAMO MOSCARDINI, Presidente
della Giunta provvisoria di Governo
di Frosinone;

Luigi Marcocci, uno dei membri
della detta Giunta;

ANDREA CONTI,
Giunta medesima;

Gli onorevoli signori:

Conte ETTORE Borgia, Presidente;

Avv. Luicr NoveLLI, Deputato
della Giunta. provvisoria di Governo
di Velletri;

Gli onorevoli signori:

Conte GIUSEPPE ANGELO MANNI

Deputato della

DOCUMENTS

Duke MICHELANGELO CAETANI,
President

Advocate VINCENZO TANCREDI,
Vice-President

Prince FRANCESCO PALLAVICINI
EMANUEL of the Princes of
Ruspoli

Duke FRANCESCO SFORZA CESAR-
INI

IGNAZIO BONCOMPAGNI
Princes of Piombino

Adv. Bıacıo PLACIDI

Adv. RAFFAELE MARCHETTI

VINCENZO TITTONI

PIETRO DE ANGELIS

ACHILLE Gort MAZZOLENI

FELICE FERRI

AUGUSTO CASTELLANI

ALESSANDRO DEL GRANDE

Prof. CARLO MAGGIORANI

of the

As also present in person the
honorable

Marquis GIULIO GUGLIELMI AND
ANNIBALE LESON, Deputy of the
Governing Giunta of Civitavecchia;

The honorable:

GIROLAMO MOSCARDINI, President
of the provisional Governing Giunta
of Frosinone; |

Luicr Marcocci, one of the mem-
bers of the said Giunta;

ANDREA CONTI, Deputy of the
same Giunta;

The honorable :

Count ETTORE Borgia, President;

Apv. Luicr NoveLLI, Deputy of
the Provistonal Governing Giunta of
Velletri;

The honorable:

Count GIUSEPPE ANGELO MANNI

ROME, 1870

E Avv. FRANCESCO VALERANI, Depu-
tati della Giunta provvisoria di Go-
verno di Viterbo;

i quali di piena e deliberata loro vo-
lontà hanno esibito ed esibiscono a me
Notaro il riassunto generale della vo-
tazione del Plebiscito avvenuta in
Roma e sua Provincia, non che nelle
altre suddette quattro Provincie, il
giorno 2 del corrente mese, per decre-
tare la unione di Roma e delle pre-
dette Provincie al Regno d’Italia sotto
il Governo Monarchico Costituzionale
del Re Vittorio Emanuele II e suoi
Successori, il quale riassunto, che qui
si alliga sotto la lettera A, è del tenore
seguente:

S. P.Q.R.

Riassunto Generale della vota-
zione avvenuta in Roma e sua Prov-
incia, non che nelle Provincie di
Civitavecchia, Frosinone, Velle-
tri e Viterbo, li 2 ottobre 1870,
per l'unione delle medesime al
Regno d'Italia sotto il Governo
Monarchico Costituzionale del
Re VITTORIO EMANUELE II
e suoi Successori.

Inscritti
(Registered)
Roma e Provincie ............. 80,620
(Rome and its Province)
Civitavecchia .................. 5,488
Frosinone .................... 32,288
Velletri ....................... 14,719
Viterhp ....................... 34,433
Total complessivo ......... 167,548
(Total)

(L.S.) Roma li sei ottobre 1870.
(Rome, October 6, 1870.)

Hanno esibito ed esibiscono ancora
i detti Signori Comparenti nelle loro

717

AND Apv. FRANCESCO VALERANI,
Deputies of the Provisional Govern-
ing Giunta of Viterbo;

who of their free and deliberate will
have shown and do show to me, as
notary, the general result of the vot-
ing on the plebiscite held in Rome and
its Province, as well as in the other
four Provinces aforesaid, on the 2nd
day of the current month, to decree
the union of Rome and the aforesaid
Provinces to the Kingdom of Italy
under the Government of the Con-
stitutional Monarchy of the Kingdom
of Victor Emanuel Il and his suc-
cessors, which result, here placed
under the letter A, is as follows:

S. P.O. R.

General Summary of the vote
held in Rome and its Province
as well as in the Provinces of Civi-
tavecchia, Frosinone, Velletri, and
Viterbo, on the 2nd day of October,
1870, for the union of the same to
the Kingdom of Italy under the
Government of the Constitutional
Monarchy of the King VICTOR
EMANUEL II and his Successors:

Votanti Pel Si Pel No Nulli
(Voting) (Yes) (No) (Void)
68,466 67,518 858 90
4,243 4,220 13 10
25,964 25,645 319 ‘e
10,968 10,912 56 ..
25,650 25,386 261 3

135,291 133,681 1,507 103

The said gentlemen in their state-
ment as above, have exhibited and ex-

718

rappresentanze come sopra, altri nu-
mero cinque documenti, che qui si
uniscono sotto le lettere B, C, D, E,
F 1 ciascuno dei quli contiene le ri-
sultanze parziali delle votazioni del
suddetto giorno 2 corrente Ottobre
avvenute nella Città di Roma e sua
Provincia, cioé: Inscritti N. 80,620,
dei quali N. 67,518 votanti per il sì,
e N. 858 per il no, N. 90 voti nulli.

Nella Provincia di Civitavecchia:
_Inscritti N. 5,488, dei quali N. 4,220
votanti pel sì, N. 13 votanti per il no,
oltre il nulli N. 10.

Nella Provincia di Frosinone: N.
32,288 inscritti, dei quali N. 25,645
votanti per il sì, e IN. 319 per il no.

Nella Provincia di Velletri: In-
scritti N. 14,719, dei quali N. 10,912
votanti per il sì, e N. 56 per il no.

Finalmente nella Provincia di Vi-
terbo: Inscritti IN. 34,433, dei quali
N. 25,386 votanti per il sì, e N. 261
per il no.

E come il tutto apparisce dai rela-
tivi Processi Verbali in detto giorno 2
corrente mese, redatti presso le sin-
gole Comunita e Provincie suddette,
ed asistenti nei rispettive capoluoghi,
cioè : in Roma per la Città e sua Prov-
incia, in Civitavecchia, Frosinone,
Velletri e Viterbo per le medesime
Città e rispettive Provincie.

Sopra le quali cose, ecc.

Atto fatto in Roma, nella Sala delle

DOCUMENTS

hibit five other documents which are
here collected under the letters B, C,
D, E, F, each of which contains
the partial results of the vote of the
said 2nd day of October, taken in the
City of Rome and its Province, as fol-
lows: registered 80,620, of which
number 67,518 voted Yes and 858
No, and 90 votes were void.

In the Province of Civitavecchia:
Registered 5,488, of which number
4,220 voted Yes, 13 voted No, and 10
votes were void.

In the Province of Frosinone:
32,288 were registered, 25,645 voted
Yes and 319 No.

In the Province of Velletri: regis-
tered 14,719, of whom 10,912 voted
Yes and 56 voted No.

Finally, in the Province of Viterbo:
registered 34,433, of whom 25,386
voted Yes, and 261 No.

As appears from the several formal
minutes of the said second day of the
current month, drawn up in each
commune and province above men-
tioned and kept in the respective chief
places, that is, in Rome, for the City
and its Province, in Civitavecchia,
Frosinone, Velletri and Viterbo for
the same city and respective provinces.

As to which, et cetera.

Act drawn up in Rome, in the ac-

1 Gli allegati B, C, D, E, F, menzionati in questo Resoconto generale, sono depositati nell’
Archivio del Municipio di Roma, e gli altri documenti riportati, relativi al medesimo Ple-
biscito, sono custoditi nell’ Archivio di Stato della stessa Città.

(Translation) :

The exhibits B, C, D, E, and F mentioned in this General Report are deposited in the
archives of the Municipality of Rome, and the other documents mentioned, relating to the
same plebiscite are preserved in the State Archives of the same City.

ROME, 1870

solite Adunanze, in Campidoglio, es-
sendosi gli Onorevoli Comparenti
firmati col mio Collega, e me Notaro
previa lettura.

MicHELANGELO Duca CAETANI,
Presidente — Vinc. Avv. TANCREDI,
Vice-pres. — FRANCESCO PALLAVI-
CINI — EMANUELE dei Principi Rus-
poli — Duca Franc. SFORZA CESA-
RINI — Princ. BALDASSARE ODESCAL-
CHI — IGNAZIO BONCOMPAGNI dei
Principi di Piombino — Avv. Bracio
PLACIDI — Avv. RAFFAELE MAR-
CHETTI — VINCENZO TITTONI —
Pietro DE ANGELIS — ACHILLE G.
MAzzoLENI — FELICE FERRI — AU-
GUSTO CASTELLANI — ALESSANDRO
DeL GRANDE — CARLO MAGGIORANI
— GIULIO GUGLIELMI — ANNIBALE
LESEN — GIROLAMO MOSCARDINI,
Presidente — Luicr MaArcoccr —
ANDREA CONTI — C. ETTORE Bor-
GIA, Presidente — Luici Avv. No-
VELLI — GIUSEPPE ANGELO MANNI
— Francesco VALERANI.

FRANCESCO GuIpi, Notaio Collega.

CAMILLA VITTI, Notaio Maggiore
presso il Senato Romano rogato.

Registrato a Roma, il 6 ottobre
1870, Vol. 421, Atti pubblici, foglio
25, V, Cas. 3". ...

Q. PIEROTTI, Preposto.

Per copia conforme all’originale da
me infrascritto collazionata. In fede,
ecc.

Roma dal mio Studio Notarile,
questo di 6 ottobre 1870.

CaMILLO Vitti, Notaio Maggiore
presso il Sen. Rom. in fede.

(L. S.)

719

customed meeting-hall in the Campi-
doglio, the Honorable Representa-
tives having signed, together with my
colleague, and I, as notary, having
read it previously.

MicHELANGELO, Duke GAETANI,
President; Vinc. Anv. TANCREDI,
Vice-Pres.; FRANCESCO PALLAVICINI;
EMANUELE, of the Princes Ruspoli;
Duke FRANC. SFORZA CESARINI;
Prince BALDASSARE ODESCALCHI;
IGNAZIO BONCOMPAGNI, of the
Princes of Piombino; Adv. Biagio
PLACIDI; Adv. RAFFAELE MAR-
CHETTI; VINCENZO TITTONI; PIETRO
DE ANGELIS; ACHILLE G. MAzzo-
LENI; FELICE FERRI; ÁGOSTO Cas-
TELLANI; ALESSANDRO DEL GRANDE;
CARLO MAGGIORANI; GIULIO GUG-
LIELMI; ANNIBALE LESEN ; GIROLAMO
MoscARDINI, President; Luict MAR-
cocci; ANDREA CONTI; C. ETTORE
Borgia, President; Adv. Luicr No-
VELLO; GIUSEPPE ANGELO MANNI;
FRANCESCO VALERANI.

FRANCESCO GUIDI, Associate No-
lary.

CamiLLo VITTI, Chief Notary of
the Roman Senate.

Registered in Rome, the 6th day of
October, 1870, Vol. 421, Public Acts,
Folio 25, V, Cas. 3rd. . . .

O. PIEROTTI, Clerk-in-Charge.

This copy conforms to the original
as collated by me the undersigned. In
testimony, et cetera,

Rome, at my Notary’s office, this
6th of October, 1870.

CamiLLo VITTI, Chief Notary of
the Roman Senate; attesting.

(L. S.)

720

DOCUMENTS

Formal Minute of the Presentation of the Plebiscite to King Victor Emanuel
II. October 9, 1870!

L’anno 1870, il di 9 ottobre, alle
10% antim. in Firenze, nel Palazzo
Reale, alla presenza di Sua Maestà il
Re Vittorio Emanuele II, assistendo
al presente Atto le LL. AA. RR. il
Principe di Piemonte, la Principessa
di Piemonte, il Duca d'Aosta, il Prin-
cipe di Carignano;

Le LL. EE. i Cavalieri dell Ordine
Supremo della SS. Annunziata;

Il Presidente del Senato del Regno
e della Camera dei Deputati;

I Ministri Segretari di Stato;

I Ministri di Stato;

Generali d'Armata;

Il Presidente del Consiglio di Stato;

Il Primo Presidente ed il Procura-
tore Generale della Corte di Cassa-
zione di Firenze;

Il Presidente della Corte dei Conti;

Il Prefetto del Palazzo e Primo
Aiutante di Campo di S. M.;

Il Presidente del Tribunale Su-
premo di Guerra;

Gli Aiutanti di Campo ed Ufficiali
d'ordinanza;

Altre persone della Casa e del se-
guito di S. M. ed altri Funzionari
Civili e Militari.

Sono stati introdotti i Signori :

1Le Assemblee, vol. 9, p. 1098.

The year 1870, the 9th of October,
at 10:30 a. m., in Florence, in the
Royal Palace, in the presence of His
MAJESTY THE KING, VICTOR EMAN-
UEL II, there being present at the
presentation of the Act their RovAL
HIGHNESSES, the Prince of Piedmont,
the Princess of Piedmont, the Duke
of Aosta, the Prince of Carignano;

Their Royal Highnesses, the Chev-
aliers of the Supreme Order of the
Holy Annunciata;

The President of the Senate of the
Kingdom, and of the Chamber of
Deputies;

The Ministers, Secretaries of State;

The Ministers of State;

Generals of the Army;

The President of the Council of
State;

The First President and the Pro-
curator General of the Court of Cas-
sation of Florence;

The President of the Court of Ac-
counts;

The Prefect of the Palace and First
Aide-de-Camp of His Majesty;

The President of the Supreme Tri-
bunal of War; |

The Aides-de-Camp and officers in

attendance ;
_ Other persons of the Household
and of the Suite of His Majesty, and
other Functionaries, Civil and Mili-
tary;

There were introduced the follow-
ing gentlemen:

ROME, 1870

Duca CAETANI D. MICHELANGELO

DI SERMONETA, Presidente Avv.
RAFFAELE MARCHETTI — Principe
BALDASSARRE ODESCALCHI — Prin-
cipe EMANUELE RUSPOLI — VIN-

CENZO TITTONI — PIETRO DE ANGE-
LIS — AUGUSTO CASTELLANI — Prof.
CARLO MAGGIORANI — Duca SFORZA
CESARINI D. FRANCESCO — MOSCAR-
DINI GIROLAMO — ANDREA CONTI —
Conte ETTORE CumBo Borgia — Avv.
Luici NovELL1 — Marchese GIULIO
GUGLIELMI — ANNIBALE LESEN —
Conte GIUSEPPE MANNI — Avv.
FRANCESCO VALERANI, componenti la
Deputazione di Roma e delle Prov-
incie Romane, nonchè il Principe Di
TEANO — Cav. AUGUSTO SILVES-
TRELLI — Avv. AUGUSTO Rossi.

Membri del Consiglio pel Plebiscito
con cui i Popoli di quelle Provincie,
convocati in Comizio il 2 corrente ot-
tobre, per suffragio universale, hanno

dichiarato con 133,681 voti afferma-

tivi, contro voti negativi 1,507, di vo-
lere la loro unione al Regno d’Italia
sotto 11 Governo Monarchico Costi-
tuzionale del Re VITTORIO EMANUELE
II e suot Successori. S. M. nell’accet-
tare per sè e per i suoi Successori il
risultamento del Plebiscito, espone
quanto Le torni gradito che, col voto
di Roma e delle Provincie Romane,
venga compiuta l'Unità Nazionale:
ricorda come questo felice avveni-
mento, meglio che alla forza, fosse

dovuto alla evidente giustizia delle

cagioni onde mosse si grande rivolgi-
mento di cose.

721

Duke MICHELANGELO di CAETANI.
of SERMONETA, President, Adv. RAF-
FAELE MARCHETTI, Prince BALDI-
SARRE ODESCALCHI, Prince EMANUEL
RuspoLI, VINCENZO TITTONI, PIETRO
DE ANGELIS, AUGUSTO CASTELLANI,
Prof. CarLo MAGGIORANI, FRAN-
CESCO SFORZA CESARINI, GIROLAMO
MoscARDINI, ANDREA CONTI, Conte
ETTORE CumBO Borgia, Avv. LUIGI
NoveLLI, Marquis GIULIO Guc-
LIELMI, ANNIBALE LESEN, Count
GIUSEPPE MANNI, Adv. FRANCESCO.
VALERANI, forming the Deputation
from Rome and the Provinces of
Rome, as well as the Prince of TEANO,
Chevalier AUGUSTO SILVESTRELLI,
Adv. Aucusto Rossi;

Members of the Council for the
Plebiscite, with which the people of
that Province, convoked in popular as-
semblies on the 2nd of October, have
declared by universal suffrage with
133,681 affırmative votes, against
1507 negative votes that they wish to
become united with the Kingdom of
Italy, under the Constitutional Mon-
archical Government of King Victor
EMANUEL II and his Successors.
His Majesty in accepting for him-
self and for his successors the result
of the vote, explains how pleasing
it is to him that, by the vote of Rome
and of the Roman Provinces, na-
tional unity has been completed; he
reminds us that this fortunate event
is due, rather than to force, to the
evident justice of the causes through
which so great a change in events was.
brought about.

722

Aggiunge che l’Italia libera e pa-
drona ormai de’suoi destini, racco-
gliendosi nella famosa Città la quale
fu due volte Capitale del Mondo, tro-
verà nelle ispirazioni della propria
civilità il modo d'assicurare la libertà
della Chiesa e la indipendenza del
Sommo Pontefice, e di ciò essergli
arra il senno e la temperanza dei Ro-
mani.!

Di tutto ciò il Guardasigilli, minis-
tro di Grazia e Giustizia, ha, d’ordine
del Re, rogato il presente Processo
Verbale sottoscritto da S. M., dai
Membri della Deputazione della Città
di Roma e delle Provincie Romane e
dai Grandi Ufficiali dello Stato che
hanno assistito all’Atto controsegnato
dai Ministri Segretari di Stato e mu-
nito dal Ministro di Grazia e Giustizia
del Sigillo di Stato.

L’originale del presente Atto verrà
depositato e conservato negli Archivi
generali del Regno.

1 Sua Maestà rispondeva:

DOCUMENTS

He adds that Italy, free and
mistress henceforth of her destinies,
gathering in the famous city which
was twice the capital of the world,
will find in the inspirations of her own
civilization the means of assuring the
liberty of the Church and the inde-
pendence of the High Pontiff, and of
this the good sense and the temperate-
ness of the Romans will be a warrant..

Of all this the Keeper of the Seals,
Minister of Grace and Justice, has by
order of the King, drawn up the
present formal minute, subscribed by
His Majesty, by the Members of the
Deputation for the City of Rome and
the Roman Provinces, and by the
High Officers of State who have
participated in the Act, countersigned
by the Ministers Secretaries of State,
and provided with the Seal of State
by the Minister of Grace and Justice.

The original of the present Act will
be deposited and preserved in the gen-
eral Archives of the Kingdom.

“ Infine l’ardua impresa è compiuta e la patria ricostituita. Il nome di Roma, il più grande
che suoni sulle bocche degli uomini, si ricongiunge oggi a quello d’Italia, il nome più caro
al mio cuore. Il plebiscito pronunciato con si maravigliosa concordia dal popolo romano, e
accolto con festosa unanimità in tutte le parti del Regno, riconsacra le basi del nostro patto
nazionale, e mostra una volta di più che se noi dobbiamo non poco all fortuna, dobbiamo
assai più all’ evidente giustizia della nostra causa... .

“To, come Re e come cattolico, nel proclamare l’unità d'Italia, rimango fermo nel pro-
posito di assicurare la libertà della Chiesa e l'indipendenza del Sovrano Pontefice, e con
questa dichiarazione solenne io accetto dalle vostre mani, egregi signori, il plebiscito di Roma
e lo presento agli Italiani, augurando ch'essi sappiano mostrarsi pari alle glorie de’ nostri
antichi e degni delie presenti fortune.” (From note by editor of Le Assemblee.)

(Translation) :

His Majesty responded:

Finally, the arduous undertaking is complete, and the country reconstituted. The name
of Rome, the greatest on the tongues of men, is joined today once more with that of Italy.
the name dearest to my heart. The plebiscite, pronounced with such marvellous accord by
the Roman people, is acclaimed with unanimous festivity in all the parts of the Kingdom,
and reconsecrates the foundations of our national pact, and shows once more that if we owe

ROME, 1870

VITTORIO EMANUELE
MICHELANGELO CAETANI

UMBERTO DI SAVOIA — AMEDEO DI
SAVOIA — EUGENIO DI SAVOIA.

Avv. R. MARCHETTI — Princ. B.
ODESCALCHI — E. de Principi Rus-
poli — V. Tırronı — P. DE ANGE-
LIS — A. CASTELLANI — Prof. C.
MAGGIORANI — F. SFORZA CESARINI
— G. MoscaARDINI, Presidente — A.
Conti — Gen. La MARMORA — B.
RicasoLI — U. RATTAZZI — G. Ca-
SATI, Pres. del Senato — Des Am-
BROIS — F. Arese — G. LANZA — G.
BIANCHERI — VISCONTI-VENOSTA
— Q. SELLA — C. CORRENTI — CAS-
TAGNOLA — GADDA — RICOTTI, Min-
istro della Guerra — AcTon — ViG-
LIANI — A. CONFORTI — A. Du-
CHOQUÉ — M. DE SONNAZ — C.
MARZUCCHI, Vicepresidente del Sen-
ato — R. D’ArrFLITTO Duca di Cas-
TROPIGNANO, Vicepresidente del Sen-
ato — Marchese G. GUGLIELMI —
C. E. Borgia, Presidente — L. Avv.
NovELLI — A. LESEN — G. ANGELO
MANNI — F. VALERIANI — O. CAE-
TANI Principe di TEANO — A. SIL-
VESTRELLI — A. Rossi — A. BE-
RETTA, Segretario del Senato — L.
CHIESI, Segretario del Senato — T.
MANZONI, Segretario del Senato — V.

not a little to fortune, we owe much more to the evident justice of our cause.

723

VICTOR EMANUEL
MICHELANGELO CAETANI.

UMBERTO DI SAVOIA, AMEDEO DI
SAVOIA, EUGENIO DI SAVOIA.

Adv. R. MARCHETTI, Prince B.
ODESCALCHI, Prince RuspoLI, V.
TITTONI, P. DE ANGELIS, A. Cas-
TELLANI, Prof. C. MAGGIORANI, F.
SFORZA CESARINI, G. MOSCARDINI,
President, A. CONTI, Gen. La Mar-
MORA, B. RicasoLI, U. RATTAZZI, G.
CASATI, President of the Senate, Des
AMBROIS, F. ARESE, G. LANZA, G.
BIANCHERI, VISCOUNTI VENOSTA,
O. SELLA, C. CORRENTI, CASTAG-
NOLA, GADDA RICOTTI, Minister of
War, ACTON, VIGLIANI, A. Con-
FORTI, A. DUCHOQUÉ, M. de Son-
NAZ, C. MARZUCCHI, Vice President
of the Senate, R. D'ArFLITTO, Duke
OF CASTROPIGNANCO, Vice President
of the Senate, Marquis G. Guc-
LIELMI, C. E. Borgia, President,
Apv. L. NovELLI, A. Lesen, G.
ANGELO MANNI, F. VALERIANI, O.
CAETANI, Prince of TEANO, A.
SILVESTRELLI, A. Rossi, A. BERETTA,
Secretary of the Senate, L. CHIESI,
Secretary of the Senate, T. MAN-
zonı, Secretary of the Senate, V.
CAPRIOLO, D. BERTI, F. DESANCTIS,
B. CarroLI, C. BARTEA, M. MACCHI,

Free agree-

ment of wills, a sincere exchange of faithfully kept promises, these are the forces which have
made Italy, and which according to my ideas have led her to her fulfillment. . ..

I, as King and as Catholic, in proclaiming the unity of Italy, remain firm in my determina-
tion to assure the liberty of the Church and the independence of the Sovereign Pontiff, and
with this solemn declaration I accept from your hands, illustrious gentlemen, the plebiscite
of Rome, and I present it to the Italians, hoping that they will show themselves equal to the
glory of our forefathers and worthy of their present fortune.

724

CaprIoLo — D. BERTI — F. DESANC-
Tis — B. CarroLI — C. BERTEA —
M. Macchi — C. Corte — D. Fa-
RINI — S. CALVINO — F. CuccHI —
V. MALENCHINI — U. PERUZZI, ff.
di Sindaco di Firenze — F. RIGNON,
ff. di Sindaco di Torino — G. BEL-
LINZAGHI, Sindaco di Milano — D.
PERANNI, Sindaco di Palermo.

Il Ministro di Grazia e Giustizia:

MATTEO RAELI.

DOCUMENTS

C. Corte, D. FARINI, S. CaLvino, F.
CuccHI, V. MALENCHINI, U. PER-
uzzi, Acting Syndic of Florence, F.
RIGNON, Acting Syndic of Turin, G.
BELLINZAGHI, Syndic of Milan, D.
PERANNI, Syndic of Palermo.

The Minister of Grace and Justice:
MATTEO RAELI.

Royal Decree Incorporating the Roman Provinces in the Kingdom of Italy,
October 9, 1870.

VITTORIO EMANUELE II

PER GRAZIA DI DIO E PER VOLONTÀ
DELLA NAZIONE RE D'ITALIA

Vista la legge del 17 marzo 1861,
n. 4671;

Visto il risultamento del plebiscito,
col quale i cittadini delle provincie ro-
mane, convocati nei Comizi il giorno
2 del corriente mese di ottobre, hanno
dichiarato l’unione al Regno d'Italia
colla Monarchia Costituzionale di
VITTORIO EMANUELE II et de’
SUOI Successori;

Considerando che i voti espressi dal
Parlamento per compiere l’unità na-
zionale, e le conformi dichiarazioni
del Governo ricordate anche nei bandi,
che invitarono le popolazioni romane
a dare il loro suffragio per l'unione
al Regno, mantennero costantemente
il concetto, che, cessato il dominio

VICTOR EMANUEL II

BY THE GRACE OF GOD AND THE WILL
OF THE NATION KING OF ITALY

In view of the law of March 17th,
1861, No. 4761;

In view of the result of the
plebiscite by which the citizens of the
Roman Provinces, convened in popu-
lar assemblies on the 2nd of October
of the current month, have declared
the union to the Kingdom of Italy
with the constitutional monarchy of
VICTOR EMANUEL II and of his
successors ; .

Considering that the votes given by
the Parliament to carry out the na-
tional unity and the similar declara-
tions of the Government, recorded
also in the proclamations which in-
vited the Roman populations to give
their suffrages for the union of the
kingdom, have constantly maintained

1 Gasetta Ufficiale del Regno d'Italia, Florence, October 9.

ROME, 1870

temporale della Chiesa, si avesse ad
assicurare l'independenza dell’autoritä
spirituale del Sommo Pontifice;

Sulla proposta del Consiglio dei
Ministri,

Abbiamo decretato e ‘decretiamo:

ART. 1. Roma e le provincie ro-
mane fanno parte integrante del
Regno d'Italia.

Art. 2. Il Sommo Pontefice con-
serva la dignità, la inviolabilità e tutte
le prerogative personali di Sovrano.

Art. 3. Con apposita legge ver-
ranno sancite le condizioni atte a ga-
rantire, anche con franchigie terri-
toriali, l’indipendenza del Sommo
Pontefice e il libero esercizio dell’au-
torità spirituale della Santa Sede.

Art. 4. L'articolo 82 dello Sta-
tuto sarà applicabile alle provincie ro-
mane sino a che le provincie medesime
non siano rappresentate nel Parla-
mento Nazionale.

Art. 5. Il presente decreto sarà
presentato al Parlamento per essere
convertito in legge.

Ordiniamo che il presente decreto,
munito del sigillo dello Stato, sia in-
serto nella Raccolta ufficiale delle
leggi e dei decreti del Regno d'Italia,
mandando a chiunque spetti di osser-
varlo e di farlo osservare.

Dato a Firenze addi 9 ottobre 1870.

725

the principle that, the temporal do-
minion of the Church having ceased,
it was right to secure the independence
of the spiritual authority of the Sov-
ereign Pontiff;

On the proposal of the Council of
the Ministers,

We have decreed and do decree:

ARTICLE l. Romeand the Roman
Provinces form an integral part of
the Kingdom of Italy.

ART. 2. The Sovereign Pontiff
preserves the dignity, inviolability,
and all the personal prerogatives of a
Sovereign.

ART. 3. A special law shall sanc-
tion the conditions for the guarantee,
even by territorial immunities of the
independence of the Sovereign Pontiff
and the free exercise of the spiritual
authority of the Holy See.

ART. 4. Article 82 of the Consti-
tution shall be applied to the Roman
Provinces until they are represented
in the National Parliament.

ART. 5. The present decree shall
be presented in Parliament to be made
into law.

We order that the present decree,
sealed with the seal of State, shall be
inserted in the official collection of the
laws and decrees of the Kingdom of
Italy, commanding all whom it con-
cerns to observe it and cause it to be
observed.

Given at Florence this 9th day of
October, 1870.

[Here follow signatures.]

MOLDAVIA AND WALLACHIA, 1857

Conference of Vienna.— Extracts from Memorandum Communicated by the
Plenipotentiaries of Austria, France, and Great Britain, to Prince Gortsha-

koff, December 28, 1854 !

Dans le but de preciser le sens que
leurs Gouvernements attribuent à
chacun des principes contenus dans les
4 Articles, et se réservant d’ailleurs
comme ils ont toujours fait, la faculté
de poser telles conditions particulières
qui leur paraitraient exigées en sus
des 4 garanties par l'intérêt général
de l’Europe pour prévenir le retour
des dernières complications, les Re-
présentants de l'Autriche, de la
France, et de la Grande Bretagne dé-
clarent :

1. Que leurs Gouvernements, en
jugeant de commun accord qu'il était
nécessaire d'abolir le Protectorat ex-
clusif exercé par la Russie sur la Mol-
davie, la Valachie et la Serbie, et de
placer dorénavant sous la garantie col-
lective des 5 Puissances les privilèges
reconnus par les Sultans à ces Princi-
pautés dépendantes de leur Empire,
ont entendu et entendent qu'aucune
des stipulations des anciens Traités
de la Russie avec la Porte concernant
les dites Provinces ne pourrait être re-
mise en vigueur à la paix, et que les
arrangements à conclure à leur sujet
seraient ultérieurement combinés de

In order to define the meaning at-
tributed by their Governments to each
of the principles contained in the 4
Articles and, moreover, reserving as
has always been the custom, the right
to propose such special conditions as
appear to them to be necessitated, in
addition to the 4 guarantees, by the
general interests of Europe, in order
to prevent the return of the recent
complications, the Representatives of
Austria, France, and Great Britain de-
clare:

1. That their Governments, judg-
ing by common accord that it was nec-
essary to abolish the exclusive Pro-
tectorate exercised by Russia over
Moldavia, Wallachia and Serbia, and
to place, henceforth, under the col-
lective guarantee of the 5 Powers the
privileges recognized by the Sultans
as possessed by these Principalities,
dependent on their Empire, have de-
termined and determine that none of
the stipulations of the former Treaties
of Russia with the Porte concerning
the said provinces shall be again in
force after peace is concluded, and
that the measures to be concluded con-

1 Brit. St. Pap., vol. 45, p. 53; Martens, N. R. G., vol. 15, p. 632.

MOLDAVIA AND WALLACHIA, 1857

façon à donner une pleine et entière
satisfaction aux droits de la Puissance
Suzeraine, à ceux des 3 Principautés,
et aux intérêts généraux de l’Europe.

727

cerning them shall be arranged later
in such a manner as to give full and
entire satisfaction to the rights of the
Suzerain Power, to those of the 3
Principalities and to the general inter-
ests of Europe.

Development of the First Point of the Memorandum. March 15, 1855 1

1. Les Principautés Danubiennes
de Moldavie, Valachie, et Serbie con-
tinueront à relever de la Sublime Porte
en vertu des anciennes capitulations et
Hats Impériaux ? en vigueur. Au-
cune protection exclusive ne sera ex-
ercée dorénavant sur ces Provinces.

2. La Sublime Porte, dans la pléni-
tude de son pouvoir suzerain, conser-
vera intacte aux dites Principautés
leur administration indépendante et
nationale, et par conséquent la pleine
liberté de culte, de législation, de com-
merce, et de navigation. Toutes les
clauses qui ont pour objet la prosperité
du pays, contenues dans les Hats Im-
périaux, sont maintenues et seront,
selon les circonstances, soigneuse-
ments developpées.

3. La Sublime Porte, considérant

1. The Danubian Principalities of
Moldavia, Wallachia and Serbia shall
continue to be held of the Sublime
Porte by virtue of the ancient capitu-
lations and Imperial Hats ? in force.
No exclusive protection shall hence-
forth be exercised over these Prov-
inces.

2. The Sublime Porte, in the full-
ness of its Suzerain power, shall pre-
serve intact to the said Principalities
their independent and national admin-
istration, and, in consequence, full
freedom of worship, of legislation, of
commerce and of navigation. All
the clauses contained in the Imperial
Hats, which have as their object
the prosperity of the country, are
maintained, and shall be carefully de-
veloped according to circumstances.

3. The Sublime Porte, considering

1 Annex to Protocol No. 1, vol. 45, p. 59, Brit. St. Pap. The text was submitted by
Baron Prokesch and slightly amended by the Conference.

The plenipotentiaries taking part in the Conferences were: for Austria, Count Buol-
Schauenstein and Baron Prokesch-Osten; for France, Baron Bourqueney; for Great Britain,
Lord John Russell and the Earl of Westmorland; for Russia, Prince Gortchakoff and M. de

Titoff ; for Turkey, Aarif Effendi.
2 Imperial decrees.

728

dans sa sagesse que la position poli-
tique des 3 Principautés touche de
très près les intérêts généraux de l’Eu-
rope, s'entendra dans la voie la plus
amicale avec les Puissances ses amies,
sur le contenu d’un Hat solennel,
comprenant l’ensemble des stipulations
relatives aux droits et immunités des
dites Principautés; elle en fera com-
munication aux Puissances Contrac-
tantes, qui de leur côté, après examen.
assumeront la garantie.

DOCUMENTS

in its wisdom that the political posi-
tion of the 3 Principalities closely
touches the general interests of Eu-
rope, will arrive at 1ts determination
by the most amicable method, with
the Powers, its friends, as to the con-
tents of the solemn Hat, comprising
the whole body of stipulations relat-
ing to the rights and immunities of
the said Principalities; it will com-
municate this to the contracting Pow-
ers who on their part, after examina-
tion, will assume the guarantee.

Proposition of Prince Gortchakoff Advocating Consultation of the Principali-

tes.

Les immunités dont jouissent ces
Provinces, et qui leur sont assurées
par des Hatti-schérifs formels, peu-
vent se résumer en ces termes:

Liberté de culte.

Administration nationale indépen-
dante, régie selon des institutions du
pays légalement établies.

Liberté entière du commerce. . . .
Election des Hospodars par l’As-
semblée des Divans.

Par une garantie collective des 5
Puissances, ces immunitées acquére-
raient le caractère universel du droit
public Européen.

March 17, 1855 1

The immunities enjoyed by these
Provinces, assured to them by the
formal Hatti-scherifs ? may be sum-
marized in the following terms:

Freedom of worship.

Independent National administra-
tion, organized in accordance with
the legally established institutions of
the country.

Entire freedom of commerce. . . .

Election of the Hospodars by the
Assembly of the Divans.

By a collective guarantee of the 5
Powers, these immunities would ac-
quire the universal character of pub-
lic European law.

1 Annex A to Protocol No. 2. Brit. St. Pap., vol. 45, p. 63.
2 An imperial decree, countersigned by the Sultan and irrevocable.

MOLDAVIA AND WALLACHIA, 1857

Pour arriver á ce résultat, il s'agi-
rait sans nul doute de régulariser quel-
ques points de detail, et dans l'examen
de ces questions le Statut Organique
qui régit aujourd'hui les Principautés
pourra devenir matière à délibération.

Sous ce rapport, Je pourrais pour le
moment me borner à faire 2 observa-
tions :

I. Le Statut a été le résultat de de-
libérations sérieuses, où les vœux et
l'opinion et l'expérience locale des no-
tables des pays ont été düment pris en
considération. S'il s’agit d’y apporter
des modifications de manière à ne
point compromettre les intérêts réels
du pays, il conviendra de procéder à
cette révision avec maturité et avec le
concours légal d'organes choisis dans
son sein.

II. Nul doute que ce travail, par sa
nature, ne soit compliqué. Il exigera
du temps. Les Plénipotentiaries des
5 Puissances pourront y apporter des
vues divergentes. Vouloir achever
cette œuvre dans les Conférences ac-
tuelles serait ou lui imprimer une
hâte qui rendrait incomplète ou pro-
longer la durée de ces Conférences
outre mesure au détriment du but
élevé qu'il s’agit d'atteindre.

Ne pourrait-il pas suffire de réserver
ces difficultés à un examen subséquent
et de commencer par statuer dans le
Traité de Paix certains principes
généraux : | |

1. Conservation des privilèges as-

729

To achieve this result, it is doubt-
less a question of regulating various
details and in the examination of
those questions the Organic Act
which is today in force in the Prin-
cipalities might become a matter for
deliberation.

Under this heading, 1 would limit
myself for the moment to making 2
observations.

I. The Act has been the result of
serious deliberations, in which the
wishes and the local experience of
the notables of the countries have
been duly taken into consideration.
If there is a question of modifying
it in such a manner as not to com-
promise the real interests of the coun-
try, it would be expedient to proceed
to this revision with mature consider-
ation and with the legal assembling
of organs chosen in the country.

II. There is no doubt that this
work will, from its very nature, be
complicated. Time will be necessary.
The Plenipotentiaries of the 5 Pow-
ers may bring to it divergent views.
To endeavor to finish this work in the
Conferences themselves would result
either in impressing on it a character
of haste which would render it in-
complete, or in prolonging the dura-
tion of the Conferences beyond
measure, to the detriment of the ob-
ject which it is desired to attain.
Would it not be sufficient to reserve
these difficulties for subsequent exam-
ination and to begin by stating in the
Treaty of Peace certain general prin-
ciples :

1. Preservation of the privileges

730 DOCUMENTS

surés aux Principautés par les Hatti-
schérifs existant par rapport à la li-
berté du culte, l'indépendance de P'ad-
ministration nationale, la liberté en-
tière du commerce, &c.

2. Accord des 5 Puissances de ga-
rantir en commun l'existence de cet
état de choses dans un intérét général
d’ordre public et de civilisation.

3. Détermination arrétée de com-
mun accord de consulter les vœux
du pays quant au maintien ou a la
modification du Règlement qui con-
stitue la base de son organisation in-
terieure. Enfin,

4. Ajournement de ce travail a
une époque convenue de concert avec
le Gouvernement Ottoman.

assured to the Principalities by the
existing Hatti-scherifs on the sub-
ject of freedom of religion, independ-
ence of national administration, en-
tire freedom of commerce, &c.

2. Agreement of the 5 Powers to
jointly guarantee the existence of
this state of things, in the general
interest of public order and of civili-
zation.

3. Determination to be arrived at
by common accord, to consult the
wishes of the country as to the main-
tenance or the modification of the Act
which constitutes the basis of its in-
ternal organization. Lastly,

4. Adjournment of this undertak-
ing to a time agreed on in concert
with the Ottoman Government.

Development of the First Point of the Memorandum as Finally Adopted
March 19, 1855 1

1. Les Principautés Danubiennes
de Moldavie, de Valachie, et de Ser-
bie continueront à relever de la Sub-
lime Porte en vertu des anciennes
capitulations et Hats Impériaux qui
ont fixé et déterminé les droits et im-
munités dont elles jouissent.

Aucune protection exclusive ne
sera dorénavant exercée sur ces Prov-
inces.

2. La Sublime Porte, dans la pléni-
tude de son pouvoir suzerain, conser-
vera aux dites Principautés leur ad-

1. The Danubian Principalities of
Moldavia, of Wallachia, and of Ser-
bia shall continue to be held of the
Sublime Porte by virtue of the an-
cient capitulations and Imperial Hats
which have fixed and determined the
rights and immunities which they en-
joy.

No exclusive protection shall hence-
forth be exercised over these Prov-
inces.

2. The Sublime Porte, in the full-
ness of its suzerain power, shall pre-
serve to the said Principalities their

1 Annex to Protocol No. 3. Brit. St. Pap., vol. 45, p. 67. The Protocol reads: “after a
minute discussion by each of the members, agreement was reached on the text, of which a

copy is here annexed.”

MOLDAVIA AND WALLACHIA, 1857

ministration indépendante et nation-
ale, et par conséquent la pleine liberté

de culte, de législation, de commerce:

et de navigation.

Toutes les clauses contenues dans
les Hats Impériaux, lesquelles ont
pour objet l’organisation intérieure
de ces Principautés, ne pourront étre
développées que dans un esprit con-
forme á ces principes et selon les be-
soins dument.constatés du pays.

Le territoire des dites Principautés
ne pourra subir aucune diminution.

3. La Sublime Porte, considérant
dans sa sagesse que la position poli-
tique des 3 Principautés, dont il s'agit,
touche de très près aux intéréts gé-
néraux de l’Europe, s'entendra dans la
voie la plus amicale avec les Puis-
sances Contractantes, soit pour le
maintien de la législation en vigueur
dans ces provinces, soit pour les mo-
difications à y apporter. A cet effet
elle consultera les vœux du pays et
consignera dans un Hatti-schérif
solennel l’ensemble des dispositions
relatives aux droits et immunités des
dites Principautés. Avant de le pro-
mulguer elle fera communication de
cet Acte aux Puissances, qui, de leur
côté après examen, en assumeront la
garantie,

731

independent and national administra-
tion, and, in consequence, full freedom
of worship, of legislation, of com-
merce and of navigation.

All the clauses contained in the
Imperial Hats, which have as their
object the internal organization of
these Principalities, can be developed
only in a spirit in conformity with
their principles and according to the
duly established needs of the country.

The territory of the said Principali-
ties shall not be in any way dimin-
ished.

3. The Sublime Porte, considering
in its wisdom that the political posi-
tion of the 3 Principalities, which 1s
under discussion, touches closely the
general interests of Europe, shall ar-
rive at its determination by the most
amicable method with the Contract-
ing Powers, whether it be for the
maintenance of the legislation in force
in those provinces, or for modifica-
tions to be made to them. For this
purpose it shall consult the wishes of
the country and shall deposit in a
solemn Hatti-scheriff the dispositions
relative to the rights and immunities
of the said Principalities. Before
promulgating this it shall communi-
cate this Act to the Powers, which, on
their part, after examination, shall
assume the guarantee.

732

DOCUMENTS

Congress of Paris.— Extracts from Protocols Nos. 1, 6, 8 and 22.
February 25-April 16, 1856!

Annexe au Protocole No. 1.
Présents:

Les Représentants de la France,
“ “ de l’Autriche,
de la Grande Bre-
tagne,
de la Russie,
de la Turquie.

Par suite de l’acceptation par leurs
Cours respectives des cinq proposi-
tions renfermées dans le document ci-
annexé sous le titre de Projet de Pré-
liminaires, les Soussignés, après
l'avoir parafé, conformément à l’au-
torisation qu'ils ont reçue à cet effet,
sont convenus que leurs Gouverne-
ments nommeront chacun des Pléni-
potentiaires munis des pleins pouvoirs
nécessaires pour procéder à la signa-
ture des Préliminaires de Paix for-
mels, conclure un armistice et un
Traité de Paix définitif. Les dits
Plénipotentiaires auront à se réunir
à Paris dans le terme de trois semaines
à partir de ce jour, ou plus tôt si faire
se peut.

Fait à Vienne le premier février,
mil huit cent cinquante-six, en quin-
tuple expédition.

(Ont signé) BOURQUENEY. BUOL-
SCHAUNESTEIN. G. H. SEYMOUR.
GORTCHAKOFF. Hizam.

cé ét

1 Martens, N. R. G., vol. 15, p. 700 et seq.

"6 66 66

Annex to Protocol No. 1.
Present :

The Representatives of France
“e “ “ Austria
“ Great Brit-
ain
Russia
Turkey
Following the acceptance by their
respective Courts of the five propo-
sitions set forth in the document an-
nexed herewith under the title of Pre-
liminary Draft, the undersigned, after
having affıxed their signatures, ac-
cording to the authorization which
they have received to that effect, are
agreed that their Governments should
each name Plenipotentiaries with full
power necessary to proceed to the
signing of the formal Preliminaries
of Peace, to conclude an armistice and
a definitive Treaty of Peace. The
said Plenipotentiaries shall meet at
Paris within three months from to-
day, or earlier if possible.

66 66

66 66 6“

Done at Vienna, the first of Febru-
ary 1856 with five copies.

(Signed) BOURQUENEY. BuoL-
SCHAUENSTEIN. G. H. SEYMOUR.
GORTCHAKOFF. HIZAM.

MOLDAVIA AND WALLACHIA, 1857 733

PROJET DE PRÉLIMINAJRES.
1. Principautés Danubiennes.

Abolition complète du Protectorat
Russe.

La Russie n'exercera aucun droit
particulier ou exclusif de protection
ou d'ingérence dans les affaires in-
térieures des Principautés Danubi-
ennes.

Les Principautés conserveront leurs
privilèges et immunités sous la suze-
raineté de la Porte, et le Sultan, de
concert avec les Puissances Contrac-
tantes, accordera, en outre, à ces Prin-
cipautés ou y confirmera une organisa-
tion intérieure, conforme aux besoins
et aux vœux des populations.

Protocole No. 6.— Séance du 8 mars
1856.

Le Congrés passe à l’examen des
propositions relatives à l’organisation
des Principautés.

M. LE CoMTE WALEWSKI fait re-
marquer qu'avant de toucher a ce
point important de la négociation, il
est indispensable de délibérer sur une
question qui est dominante et à la so-
lution de laquelle se trouvent néces-
sairement subordonnés les travaux ul-
térieurs du Congrès à ce sujet; cette
question est celle de savoir si la Mol-
davie et la Valachie seront désormais
réunies en une seule Principauté, ou si
elles continueront à posséder une ad-
ministration séparée. M. le Premier
Plénipotentiaire de la France pense
que la réunion des deux Provinces ré-

PRELIMINARY DRAFT.
1. Danubian Principalities.

Complete abolition of the Russian
Protectorate. |

Russia shall exercise no particular
or exclusive rights of protection, or
of interference in the internal affairs
of the Danubian Principalities. The
Principalities shall preserve their priv-
ileges and immunities under the su-
zerainty of the Porte, and the Sultan,
in concert with the contracting Pow-
ers, shall, moreover, grant to these
Principalities, or shall confirm to
them, an internal organization, in

- conformity with the needs and with

the wishes of the populations.

Protocol No. 6 — Session of March
8, 1856.

The Congress passes to the exam-
ination of the propositions relating to
the organization of the Principalities.

Count WALEWSKI draws attention
to the fact that before touching on this
important point of the negotiations,
it is indispensable that discussion
should take place on a question which
13 a dominant one, and to the solution
of which the further labors of the
Congress on this subject are neces-
sarily subordinate; this question is
that of whether Moldavia and Walla-
chia shall be henceforth united in one
Principality, or whether they shall
continue to have a separate adminis-
tration. The First Plenipotentiary of
France is of the opinion that as the

734

pondant à des nécessités révélées par
un examen attentif de leurs véritables
intérêts, le Congrès devrait l'admettre
et la proclamer.

M. LE PREMIER PLÉNIPOTENTIAIRE
DE LA GRANDE-BRETAGNE partage et
appuie la même opinion, en se fondant
particulièrement sur l'utilité et la con-
venance à prendre en sérieuse consi-
dération les vœux des populations
dont il est toujours bon, ajoute-t-il, de
venir compte.

M. LE PREMIER PLÉNIPOTENTIAIRE
DE LA TURQUIE la combat. Aali
Pacha soutient qu’on ne saurait at-
tribuer à la séparation des deux
provinces la situation, à laquelle il
s'agit de mettre un terme; que la
séparation date des temps les plus
reculés, et que la perturbation qui a
régné dans les Principautés, remonte
à une époque relativement récente;
que la séparation est la conséquence
naturelle des mœurs et des habitudes,
qui diffèrent dans l’une et l'autre
province, que quelques individus, sous
l'influence de considérations perso-
nelles, ont pu formuler un avis con-
traire à l’état actuel, mais que telle
n'est pas certainement l'opinion des
populations.

M. LE CoMTE DE BuoL, quoique
n'étant pas autorisé à discuter une
question que ses instructions n'ont pas
prévue, pense, comme le Premier
Plénipotentiaire de la Turquie, que
rien ne justifierait la réunion des deux
provinces; les populations, ajoute-t-il
n’ont pas été consultées, et, si Pon con-
sidère le prix que chaque aggloméra-

DOCUMENTS

union of the two Provinces corre-
sponds to the necessities revealed by a
careful examination of their true in-
terests, the Congress should admit
and proclaim it .

The FIRST PLENIPOTENTIARY OF
GREAT BRITAIN shares and supports
the same opinion, basing it especially
on the utility and propriety of taking
into serious consideration the wishes
of the populations, which, he adds, it
is always well to consider.

The FirsT PLENIPOTENTIARY OF
TURKEY opposes this view. Aali
Pasha maintains that it is impossible
to attribute to the separation of the
two provinces the situation to which it
is a question of making an end; that
the separation dates from the most an-
cient times, and that the unrest which
has prevailed in the Principalities
dates from an epoch relatively recent ;
that the separation is the natural con-
sequence of customs and habits, which
differ in the two provinces; and that
certain individuals, under the influ-
ence of personal considerations, have
formed an opinion contrary to the
actual fact, but that such is certainly
not the opinion of the populations.

COUNT DE BuoL, although not au-
thorized to discuss a question not pro-
vided for in his instructions, agrees
with the First Plenipotentiary of Tur-
key that nothing would justify the
union of the two provinces; the popu-
lations, he adds, have not been con-
sulted and, if one considers the value
which each group attaches to its au-

MOLDAVIA AND WALLACHIA, 1857

tion attache á son autonomie, on peut
en déduire a priori, que les Moldaves,
comme les Valaques, désirent, avant
tout, conserver leurs institutions lo-
cales et séparées.

Après avoir développé tous les mo-
tifs qui militent pour la réunion, M.
LE COMTE WALEWSKI répond que le
Congrès ne peut consulter directement
ces populations, et qu'il doit néces-
sairement procéder à cet égard par
voie de présomption. Or, dit-il, tous
les renseignements s'accordent à rep-
résenter les Moldo-Valaques comme
unanimement animés du désir de ne
plus former, à l’avenir, qu’une seule
Principauté. . . . |

M. LE PREMIER PLÉNIPOTENTIAIRE
DE L'AUTRICHE ne croit pas pouvoir
accorder une foi entière aux informa-
tions sur lesquelles se fonde le Pre-
mier Plénipotentiaire de la France.
Il pense d’ailleurs, que l'opinion du
Premier Plénipotentiaire de la Tur-

quie, mieux placé qu'aucun autre

membre du Congrès pour apprécier les
véritables besoins et les vœux des
populations, mérite d'être prise en con-
sidération particulière: que, d’autre
part, les Puissances sont, avant tout,
engagées à maintenir les privilèges des
Principautés, et que ce serait y porter
une grave atteinte que de contraindre
les deux provinces à se fondre l’une
dans d'autre, puisque au nombre de
ces privilèges se trouve, avant tout,
celui de s'administrer séparément. Il
ajoute que plus tard, et quand on aura
constitue dans les Principautés une in-
stitution pouvant être régulièrement
considérée comme l'organe légitime

735

tonomy, one can deduce a priori that
the Moldavians, like the Wallachians,
wish above all things to maintain their
local and separate institutions.

Having developed all the forces
which militate for union, COUNT WA-
LEWSKI answers that the Congress can
not consult these populations directly,
and that 1t must necessarily proceed in
this respect by means of presumption.
But, he says, all the information

agrees in showing the Moldavians and

Wallachians as unanimously desirous
of forming in the future but one sin-
gle Principality. . . .

The First PLENIPOTENTIARY OF
AUSTRIA does not feel able to give full
credence to the information on which
the First Plenipotentiary of France
relies. Moreover, he thinks that the
opinion of the First Plenipotentiary
of Turkey, better placed than any
other member of the Congress to ap-
preciate the true needs and wishes of
the populations, is entitled to special
consideration: that on the other hand
the Powers are pledged, before all, to
maintain the privileges of the Prin-
cipalities, and that to force the two
provinces to merge would be a grave
infringement on their privileges since
the foremost among these is that of
being separately administered. He
adds that later, and when there shall
have been established in the Princi-
palities an institution which could be
regularly considered as a legitimate
organ of the wishes of the country,
one could, if occasion arose, proceed

736

des vœux du pays, on pourra, s’il y
a lieu, procéder à l'union des deux
provinces avec une parfaite connais-
sance de cause.

M. LE BARON DE BOURQUENEY ré-
pond au Premier Plénipotentiaire de
l’Autriche qu'il ne peut partager son
appréciation. Les bases de la négo-
ciation, dit-il, portent que les Princi-
pautés conserveront leurs priviléges et
immunités, et que le Sultan, de con-
cert avec ses alliés, leur accordera ou

y confirmera une organisation inté-

rieure conforme aux besoins et aux
vœux des populations. Nous avons
donc, á Vienne, entendu réserver au
Sultan et à ses alliés le droit et le soin
de se concerter sur les mesures propres
á assurer le bonheur de ces peuples,
en tenant compte de leurs vœux. Or,
la France a déposé, aux Conférences
de l’an dernier, un Acte qui a placé
la question sur le terrain de la discus-
sion, et il ne s’est élevé nulle part,
depuis lors, une manifestation tendant
à infirmer les renseignements qui nous
portent à croire que les Moldo-Va-
laques désirent la réunion des pro-
vinces en une seule Principauté.

M. LE PREMIER PLÉNIPOTENTIAIRE
DE SARDAIGNE rappelle, afin d'établir
que le vœu des populations à cet égard
est antérieur aux circonstances ac-
tuelles, qu’un Article du Statut Or-
ganique a préjugé la question en dé-
posant dans cet Acte le principe de la
réunion éventuelle des Principautés.

AALI PAcHA soutient que l'Article

DOCUMENTS

to the union of the two provinces with
a perfect knowledge of the facts.

BARON DE BOURQUENEY replies to
the First Plenipotentiary of Austria
that he can not share his opinion.
The bases of the negotiation, he says,
state that the Principalities shall
maintain their privileges and immu-
nities, and that the Sultan, in concert
with his allies, shall grant or confirm
to them an internal organization in
conformity with the needs and wishes
of the populations. We have accord-
ingly understood, at Vienna, that there
is reserved to the Sultan and his allies
the right and duty to act in concert
on the measures calculated to assure
the well-being of these peoples, tak-
ing their wishes into consideration.
But France, at the Conferences of the-
preceding year, has presented an Act
which has opened the question to dis-
cussion and there have occurred since
then no manifestations tending to
contravert the information which
leads us to believe that the Moldo-
Wallachians desire the union of the
two Provinces into one single Princi-
pality.

The First PLENIPOTENTIARY OF
SARDINIA, in order to establish the
fact that the wish of the peoples on
this point antedates the present cir-
cumstances, recalls that an article of
the Organic Statute has settled the
question by embodying in the Act the
principle of the eventual union of the
Principalities.

AALI PACHA contends that the Arti-

MOLDAVIA AND WALLACHIA, 1857

cité par M. le Comte de Cavour ne
saurait comporter une semblable in-
terprétation.

M. LE COMTE ORLOFF déclare que
les Plénipotentiaires de Russie, ayant
pu apprécier les besoins et les voeux
des deux Principautés, appuient le
projet de réunion comme devant aider
à la prospérité de ces provinces.

Protocole No. 8.— Séance du 12 mars
1856.

Le Protocole de la séance précé-
dente est lu et approuvé.

M. LE BARON DE BOURQUENEY rend
compte du travail de la Commission
qui, dans la derniére réunion, a été
chargée de préparer le texte des Arti-
cles du Traité concernant l'organisa-
tion future des Principautés.

Avant de donner lecture des Arti-
cles proposés par la Comnussion, M.
LE BARON DE BOURQUENEY établie que
le but du travail de cette Commission
a été de concilier les opinions émises
dans la dernière séance.

La marche proposée par la Com-
mission, ajoute M. LE BARON DE
BOURQUENEY, repose sur trois prin-
cipes :

Conclure la paix sans en subor-
donner l'instrument final à un acte di-
plomatique resté en suspens :

Prendre les mesures propres à s’as-

surer du vœu des populations sur des,

questions de principe non encore ré-
solues ;
Respecter les droits de la Puissance

737

cle cited by Count Cavour is not open
to such an interpretation.

COUNT ORLOFF declares that the
Plenipotentiaries of Russia, having
been able to appreciate the needs and
wishes of the two Principalities, sup-
port the project of union as an aid to
the prosperity of these provinces..

Protocol No. 8 — Session of March
12, 1856.

The Protocol of the preceding Ses-
sion is read and approved.

BARON DE BOURQUENEY reports on
the work of the Committee which at
the last Session was charged with the
preparation of the text of the Articles
of the Treaty concerning the future
organization of the Principalities.

Before reading the Articles pra-
posed by the Commission, BARON DE
BOURQUENEY states that the object of
the work of the Commission has been
to reconcile the opinions expressed at
the last session.

The policy proposed by the Com-
mittee, adds BARON DE BOURQUENEY,
rests on three principles:

To conclude peace without subor-
dinating the final instrument to a post-
poned diplomatic act:

To take suitable measures to make
certain as to the wish of the popula-
tions on the questions of principle not
yet settled :

To respect the rights of the Suze-

738

Suzeraine, et ne pas laisser de côté
ceux des Puissances garantes, en éta-
blissant la double nécessité d’un acte
diplomatique pour consacrer les prin-
cipes adoptés comme bases de l'or-
ganisation des Principautés, et d'un
hatti-schérif pour en promulguer l'ap-
plication.

Partant de ces trois idées, la Com-
mission propose l'envoi immédiat a
Bucharest de délégués, qui s'y réuni-
ront à un Commissaire Ottoman.

Des Divans ad hoc seraient con-
voqués sans retard au cheflieu des
deux Provinces. Ils seraient com-
posés de maniére à offrir les garanties
d'une véritable et sérieuse représenta-
tion.

La Commission Européenne, pre-
nant en considération les vœux ex-
primés par les Divans, réviserait les
statuts et reglements en vigueur. Son
travail serait transmis au siège actuel
des Conférences. Une Convention
diplomatique basée sur ce travail,
serait conclue entre les Puissances
Contractantes, et un hatti-schérif, con-
stituant l’organisation définitive, se-
rait promulgué par le Sultan.

Le Congrès adopte la marche pro-
posée, et renvoie à une autre séance
l'adoption definitive du texte des Ar-
ticles dont M. le Baron de Bourqueney
a donné lecture.

Protocole No. 22.— Séance du 8 avril
1856.

Au nom de la Commission chargée

DOCUMENTS

rain Power, and not to disregard
those of the Guaranteeing Powers,
by establishing the necessity both of a
diplomatic act to embody the princi-
ples adopted as bases of organization
of the Principalities, and of a hatts-
scherif to promulgate the application
of them.

Taking these three ideas as their
point of departure, the Commission
proposes the immediate dispatch of
delegates to Bucharest who shall there
meet an Ottoman Commissioner.

Divans ad hoc should be convoked
without delay at the capitals of the
two Provinces. They should be con-
stituted in such a manner as to offer
guarantees of an accurate and digni-
fied representation.

The European Commission, taking
into consideration the wishes ex-
pressed by the Divans, should revise
the statutes and laws in force. Its
work should be communicated to the
then seat of the conferences. A dip-
lomatic convention based on this
work, should be concluded between the
contracting powers, and a hatti-
scherif establishing the definitive or-
ganization, should be promulgated by
the Sultan.

The Congress adopts the policy
proposed and postpones to another
session the definitive adoption of the.
text of the articles which Baron
Bourqueney has read.

Protocol No. 22 — Session of April
8, 1856.

In the name of the Commission

MOLDAVIA AND WALLACHIA, 1857

d'en proposer la rédaction, M. LE
BARON DE BOURQUENEY donne lecture
d'un projet d'instructions destinées
aux Commissaires qui devront se ren-
dre dans les Principautés, aux termes
de l'Article XXIII du Traité de Paix.

M. LE COMTE DE CLARENDON fait
remarquer que le Congrès s’est avant
tout proposé, en s'occupant des Pro-
vinces Danubiennes, de provoquer
l'expression, librement émise, des
vœux des populations, et que cet objet
pourrait ne pas se réaliser si les Hos-
podars restaient en possession des
pouvoirs dont ils disposent, et qu'il y
aurait lieu peut-être de rechercher une
combinaison de nature à assurer une
liberté complète aux Divans ad hoc.

M. LE PREMIER PLÉNIPOTENTIAIRE
DE L’ÄUTRICHE répond qu’on ne doit
toucher à l'administration, dans un
moment de transition comme celui
que les Principautés vont traverser,
qu'avec une extrême réserve, et que ce
serait tout compromettre que de met-
tre fin à tous les pouvoirs avant d'en
avoir constitué de nouveaux ; que c'est
à la Porte, dans tous les cas, que le
Congrés devrait laisser le soin de pren-
dre les mesures qui pourraient être
jugées nécessaires.

AALI PACHA expose que l'adminis-
tration actuelle ne présente pas, peut-
étre, toutes les garanties que le Con-
grès pourrait désirer ; mais qu'on s'ex-
poserait à tomber dans l'anarchie, si
l'on tentait de sortir de l’ordre legal.

LORD CLARENDON représente qu'il

739

charged with the preparation of the
text, BARON DE BOURQUENEY reads a
draft of instructions to be sent to the
Commissioners who are to be sent to
the Principalities, according to the
terms of Article XXIII of the Treaty
of Peace.

The EARL OF CLARENDON draws at-
tention to the fact that the Congress
has proposed first of all, in occupying
itself with the Danubian Provinces, to
provoke the expression, freely given,
of the wishes of the populations, and
that this object could not be achieved
if the Hospodars should remain in
possession of the powers at their dis- :
posal, and that it would perhaps be
advisable to seek an arrangement of
such a nature as to assure complete
liberty to the Divans ad hoc.

The FIRST PLENIPOTENTIARY OF
AUSTRIA answers that, at a moment of
transition such as this which the Prin-
cipalities are going through, one
should interfere with the administra-
tion only with extreme caution, and
that to put an end to all existing au-
thority before setting up new ones
would be to compromise everything;
that in any event the Congress should
leave to the Porte the duty of taking
those measures which might be judged
necessary.

AALI PACHA states that the present
administration does not, perhaps, pre-
sent all the guarantees which the Con-
gress could desire; but that there
would be danger of anarchy should
there be any attempt to depart from
the legal order.

Lorp CLARENDON answers that he

740

n'entend nullement proposer le ren-
versement de tous les pouvoirs; et,
avec d'autres Plénipotentiaries, il rap-
pelle que l'autorité des Hospodars
actuels touche au terme fixé par Par-
rangement qui la leur a confiée, et que,
pour rester dans les limites de Pordre
légal, il y a précisément lieu d'aviser.

Plusieurs Plénipotentiaires rappel-
lent également que la Loi Organique
prévoit l'interruption du pouvoir des
Hospodars. |

Après ces explications, le Congrès
_ décide qu'il s’en réfère à la Sublime
Porte pour prendre, s’il y a lieu, à
l'expiration des pouvoirs des Hospo-
dars actuels, les mesures nécessaires
et propres à remplir les intentions du
Congrès, en combinant la libre ex-
pression des vœux des Divans avec
le maintien de l’ordre et le respect de
l'état légal.

Sur la proposition de MM. les Pre-
miers Plénipotentiaires de la Grande-
Bretagne et de la France, et pour pré-
venir tout conflit ou des discussions
regrettables, il est également convenu
que le firman qui doit ordonner la con-
vocation des Divans ad hoc fixera les
regles qui devront étre suivies en ce
qui concerne la présidence de ces as-
semblées et le mode de leurs délibera-
tions.

Aprés avoir pris ces résolutions, le
Congrès adopte, sauf quelques mo-
difications qui y sont introduites, les
instructions dont M. le Baron Bour-

DOCUMENTS

has no intention of proposing the
overturn of all authority and, with
the other Plenipotentiaries he recalls
the fact that the authority of the
present Hospodars is approaching the
limit of time fixed by the arrange-
ment by which it was bestowed on
them, and that in order to remain
within the bounds of legality it was
necessary to take counsel.

Several Plenipotentiaries also re-
call that the Organic Law provided
for the suspension of the power of
the Hospodars.

After these explanations the Con-
gress decides that it shall be left to
the Sublime Porte, if it deems it ad-
visable, at the expiration of the pow-
ers of the present Hospodars, to take
measures necessary and proper to
carry out the intentions of the Con-
gress, combining the free expression
of the wishes of the Divans with the
maintenance of order and respect for
law.

On the proposition of the Plenipo-
tentiaries of Great Britain and
France, and to prevent any conflict or
regrettable discussion, it is also agreed
that the firman which shall convoke
the Divans ad hoc shall fix the rules
to be followed in all that concerns the
matter of presiding over the assem-
blies and the manner of their delibera-
tions.

After having taken these resolu-
tions, the Congress adopts, except for
certain modifications, the instructions
of which Baron Bourqueney has pre-

MOLDAVIA AND WALLACHIA, 1857

queney a présenté le projet, et qui sont

annexées au présent Protocole.*

741

sented the draft, and which are an-
nexed to the present Protocol.

Treaty of Peace Between Austria, France, Great Britain, Prussia, Russia, Sar-
dinta and the Ottoman Porte, Signed at Paris, March 30, 1856?

Au nom de Dieu Tout-Puissant.

Leurs Majestes l'Empereur des
Francais, la Reine du Royaume-Uni
de la Grande-Bretagne et d’Irlande,
l'Empereur de toutes les Russies, le
Roi de Sardaigne et l’Empereur des
Ottomans, animés du désir de mettre
un terme aux calamités de la guerre,
et voulant prévenir le retour des com-
plications qui l’ont fait naître, ont
résolu de s'entendre avec Sa Majesté
l’Empereur d’Autriche sur les bases à
donner au rétablissement et á la con-
solidation de la paix, en assurant, par
des garanties efficaces et réciproques,
l'indépendance et l'intégrité de l’Em-
pire Ottoman.

A cet effet, Leursdites Majestés ont
nommé pour leurs Plénipotentiaires,
savoir :

Sa Majesté l'Empereur des Fran-
çais: le sieur Alexandre, Comte Co-
lonna Walewski, . . . et le sieur
François-Adolphe, Baron de Bour-
queney . ..

In the name of God the Omnipo-
tent.

Their Majesties the Emperor of the
French, the Queen of the United
Kingdom of Great Britain and Ire-
land, the Emperor of all the Russias,
the King of Sardinia, and the Em-
peror of the Ottomans, animated by
the desire to put an end to the calami-
ties of the war, and wishing to pre-
vent the return of the complications
which have given rise to it, have re-
solved to come to an understanding
with His Majesty the Emperor of
Austria as to the bases on which the
reestablishment and strengthening of
peace shall be effected, at the same
time assuring, by effective and recip-
rocal guarantees, the independence
and the integrity of the Ottoman Em-
pire.

For this purpose, their said Majes-
ties have named as their Plenipoten-
tiaries, that is to say;

His Majesty the Emperor of the
French; the Sieur Alexander, Count
Colonna Walewski ... and the
Sieur Frangois-Adolphe, Baron de
Bourqueney . . .

1 See p. 746. The Commission not having yet been appointed, it was agreed by the Con-
gress that these instructions should not be made public for the present.
2 Martens, N. R. G., vol. 15, p. 770. The ratifications were exchanged at Paris on April

27, 1856.

742

Sa Majesté l’Empereur d'Autriche:
le sieur Charles-Ferdinand, Comte de
Buol-Schauenstein, . . . et le sieur
Joseph-Alexandre, Baron de Hüb-
ner...

Sa Majesté la Reine du Royaume-
Uni de la Grande-Bretagne et d’Ir-
lande: le Tres-Honorable George-
Guillaume-Frédéric, Comte de Claren-
don, ... et le Très Honorable
Henri-Richard-Charles, Baron Cow-
ley...

Sa Majesté l'Empereur de toutes
les Russies: le sieur Alexis, Comte
Orloff, ... et le sieur Philippe,
Baron de Brunnow . . .

Sa Majesté le Roi de Sardaigne: le
sieur Camille Benso, Comte de Ca-
vour, . . . et le sieur Salvator, Mar-
quis de Villamarina . ..

Et Sa Majesté l'Empereur des Ot-

tomans : Mouhammed - Emin - Aali -
Pacha, . . . et Mehammed - Djémil -
Bey...

Lesquels se sont reunis en Congres
ä Paris.

L’entente ayant été heureusement
etablie entre eux, Leurs Majestes
l'Empereur des Français, l'Empereur
d'Autriche, la Reine du Royaume-
Uni de la Grande-Bretagne et d'Ir-
lande, l'Empereur de toutes les Rus-
sies, le Roi de Sardaigne et l’Em-
pereur des Ottomans, considérant
que, dans un intérêt Européen, Sa
Majesté le Roi de Prusse, signataire
de la Convention du treize juillet, mil
huit cent quarante et un, devait etre
appelée à participer aux nouveaux ar-
rangements à prendre, et appréciant
la valeur qu'ajouterait à une œuvre

DOCUMENTS

His Majesty the Emperor of Aus-
tria; the Sieur Charles Ferdinand,
Count von Buol-Schauenstein, and
the Sieur Joseph-Alexander, Baron
von Hübner . .

Her Majesty the Queen of the
United Kingdom of Great Britain and
Ireland: the Right Honorable George
William Frederick, Earl of Claren-
don . .. and the Right Honorable
Henry Richard Charles, Baron Cow-
ley...
His Majesty the Emperor of all the
Russias; the Sieur Alexis, Count Or-
loff, . . . and the Sieur Philip, Baron
de Brunnow . . .

His Majesty the King of Sardinia:
the Sieur Camillo Benso, Count de
Cavour, . . . and the Sieur Salvator,
Marquis de Villamarina . . .

And His Majesty the Emperor of
the Ottomans: Mouhammed-Emin-
Aali-Pasha . . . and Mehemmed-
Djemil-Bey . . .

Who are met in Congress at Paris.

Agreement having been happily es-
tablished between them, their Majes-
ties the Emperor of the French, the
Emperor of Austria, the Queen of
the United Kingdom of Great Britain
and Ireland, the Emperor of all the
Russias, the King of Sardinia and the
Emperor of the Turks, considering
that, in the interest of Europe, His
Majesty the King of Prussia, signa-
tory to the Convention of July 13,
1841, should be invited to take part
in the new arrangements to be made,
and appreciating the value which
would be added to a work of general

MOLDAVIA AND WALLACHIA, 1857

de pacification générale le concours
de Sadite Majesté, l’ont invitée à en-
voyer des Plénipotentiaires au Con-
grès.

En conséquence, Sa Majesté le Roi
de Prusse a nommé pour ses Plénipo-
tentiaires, savoir :

Le sieur Othon-Théodore, Baron
de Manteuffel, . et le sieur Maxi-
milien - Frédéric - Charles - François,
Comte de Hatzfeldt - Wildenburg -
Schoenstein,

Les Plénipotentiaires, après avoir
échangé leurs pleins pouvoirs, trouvés
en bonne et due forme, sont convenus
des Articles suivants : —

ART. 2. La paix étant heureuse-
ment rétablie entre Leursdites Ma-
jestés, les territoires conquis ou oc-
cupés par leurs armées pendant la
guerre seront réciproquement évacués.

Des arrangements spéciaux régle-
ront le mode de l'évacuation, qui devra
étre aussi prompte que faire se pourra.

ART. 22. Les Principautés de Va-
lachie et de Moldavie continueront
à jouir, sous la suzeraineté de la
Porte et sous la garantie des Puis-
sances Contractantes, des priviléges et
des immunités dont elles sont en pos-
session. Aucune protection exclusive
ne sera exercée sur elles par une des
Puissances garantes. Il n’y aura au-
cun droit particulier d'ingérence dans
leurs affaires intérieures.

ArT. 23. La Sublime Porte s'en-
gage á conserver auxdites Princi-
pautés une administration indépen-

743

pacification by the participation of
His said Majesty, have invited him to
send Plenipotentiaries to the Con-
gress.

In consequence, His Majesty the
King of Prussia has named as his
Plenipotentiaries, that is to say:

The Sieur Otho Theodore, Baron
von Manteuffel . . . and the Sieur
Maxmilian Frederick Charles Fran-
cis, Count von Hatzfeldt-Wildenburg-
Schoenstein. . . .

The Plenipotentiaries, after having
exchanged their full powers, found in
good and due form, have agreed on
the following Articles: —

ART. 2. Peace being happily rees-
tablished between their said Majesties,
the territories conquered or occupied
by their armies during the war shall
be reciprocally evacuated.

The manner of evacuation shall be
regulated by special arrangements and
shall take place as rapidly as possible.

ART. 22. The Principalities of
Wallachia and of Moldavia shall con-
tinue to enjoy, under the sovereignty
of the Porte and under the guarantee
of the contracting Powers, the privi-
leges and immunities of which they
are in possession. No exclusive pro-
tection shall be exercised over them
by any one of the guaranteeing Pow-
ers. There shall be no particular
right of interference in their internal
affairs.

Art. 23. The Sublime Porte en-
gages to preserve to the said Princi-
palities an independent and national

744

dante et nationale; ainsi que la pleine
liberté de culte, de législation, de com-
merce et de navigation.

Les lois et statuts aujourd'hui en
vigueur seront revisés. Pour étab-
lir un complet accord sur cette révi-
sion, une Commission Spéciale, sur la
composition de laquelle les Hautes
Puissances Contractantes s’entend-
ront, se réunira sans délai á Bucharest,
avec un Commissaire de la Sublime
Porte.

Cette commission aura pour tâche
de s'enquérir de l'état actuel des Prin-
cipautés, et de proposer les bases de
leur future organisation.

ART. 24. Sa Majesté le Sultan
promet de convoquer immédiatement
dans chacune des deux Provinces
un Divan ad hoc, composé de ma-
nière à constituer la représentation
la plus exacte des intérêts de toutes les
classes de la société Ces Divans
seront appelés à exprimer les vœux
des populations relativement à l’or-
ganisation définitive des Principautés.

Une instruction du Congrès réglera
les rapports de la Commission avec
ces Divans.

ART. 25. Prenant en considéra-
tion l'opinion émise par les deux
Divans, la Commission transmettra,
sans retard, au siège actuel des Con-
férences, le résultat de son propre
travail.

I'entente finale avec la Puissance
Suzeraine sera consacrée par une Con-
vention conclue à Paris entre les
Hautes Parties Contractantes; et un

DOCUMENTS

administration; as well as complete
liberty of worship, of legislation, of
commerce and of navigation.

The laws and statutes at present in
force shall be revised. In order to
establish a complete agreement as to
this revision, a Special Commission,
as to the composition of which the
High Contracting Powers shall come
to an understanding, shall meet with-
out delay at Bucharest, with a Com-
missioner of the Sublime Porte.

This Commission shall have the
duty of inquiring into the present
state of the Principalities, and of pro-
posing the bases of their future or-
ganization.

Art. 24. His Majesty the Sultan
promises to convoke immediately, in
each of the two Provinces, a Divan
ad hoc, composed in such a way as
to constitute the most accurate rep-
resentation of the interests of all
classes of society. These Divans
shall be invited to express the wishes
of the populations relative to the final
organization of the Principalities.

A set of instructions drawn up by
the Congress shall regulate the rela-
tions of the Commission with these
Divans.

ART. 25. Taking into considera-
tion the opinion expressed by the two
Divans, the Commission shall, with-
out delay, transmit the result of its
own work to the then seat of the
Conferences.

The final agreement with the Suze-
rain Power shall be embodied in a
Convention concluded at Paris be-
tween the Hıgh Contracting Parties;

MOLDAVIA AND WALLACHIA, 1857

hatti-schérif, conforme aux stipula-
tions de la Convention, constituera
définitivement l'organisation de ces
provinces, placées désormais sous la
garantie collective de toutes les Puis-
sances signataires.

ART. 27. Si le repos intérieur des
Principautés se trouvait menacé ou
compromis, la Sublime Porte s'en-
tendra avec les autres Puissances Con-
tractantes sur les mesures à prendre
pour maintenir ou rétablir l’ordre
légal. Une intervention armée ne
pourra avoir lieu sans un accord préa-
lable entre ces Puissances.

Art. 34. Le présent Traité sera
ratifié, et les ratifications en seront
échangées á Paris dans l'espace de
quatre semaines, ou plus tôt, si faire
se peut.

En foi de quoi, les Plénipotentiaires
respectifs l’ont signé et y ont apposé
le sceau de leurs armes.

Fait a Paris, le trentiéme jour du
mois de mars, de l’an mil huit cent
cinquante-six,

(L.S.) A. WALEWSKI. BOURQUE-
NEY. BUOL-SCHAUENSTEIN. HuB-
NER. CLARENDON. COWLEY. MAN-
TEUFFEL. HATZFELDT. ORLOFF.
BRUNNOW. CAVOUR. DE VILLAMA-
RINA. AALI. MEHEMMED-DJÉMIL.

745

and a hatti-scherif, in conformity
with the stipulations of the Conven-
tion, shall constitute definitively the
organization of these provinces,
placed henceforth under the collective
guarantee of all the Signatory Pow-
ers.

ART. 27. If the internal domestic
tranquillity of the Principalities
should be menaced or endangered,
the Sublime Porte shall concert with
the other contracting Powers as to
the measures to take to maintain or
to reestablish legal order. An armed
intervention shall not take place with-
out a previous agreement between the
Powers.

Art. 34. The present Treaty shall
be ratified and the ratifications shall
be exchanged at Paris within the pe-
riod of four weeks, or sooner if that
can be done.

In token of which the respective
Plenipotentiaries have signed it and
affixed the seal of their arms.

Done at Paris, March thirtieth in
the year Eighteen Hundred and fifty-
six.

(L.S.) A. WALEWSKI. BOURQUE-
NEY. BUOL-SCHAUENSTEIN. HUB-
NER. CLARENDON. COWLEY. MAN-
TEUFFEL. HATZFELDT. ORLOFF.
BRUNNOW. CAVOUR. DE VILLAMA-
RINA. AALI MEHEMMED-DJEMIL.

746

DOCUMENTS

Instructions Issued by the Congress of Paris to the Special Commission for the

Principalities.

L'article 23 du Traité du 30 mars a
institué une Commission spéciale ap-
pelée à recueillir les éléments, et à
préparer les bases de la future organi-
sation des Principautés danubiennes.
En conséquence, les Puissances signa-
taires du Traité se sont entendues sur
la composition de cette Commission,
conformément aux stipulations dudit
Traité, et le Congrès assemblé à Paris
a approuvé l'instruction destinée a
régler la conduite des Commissaires,
pendant le cours de leur mission.

Les articles du Traite du 30 mars
concernant les Principautés de Va-
lachie et Moldavie, sont ainsi conçus : ?

Les articles qui précèdent établissent
avec précision le caractère général de
la tàche confiée aux Commissaires eu-
ropéens. Les questions soumises à
leur étude embrassent le système ad-
ministratif dans sa plus complete ex-
pression; mais les principes irrévo-
cablement consacrés par le Traité doi-
vent demeurer étrangers á leur exa-
men.

C’est à Constantinople que les Com-
missaires doivent se rendre, aussitôt
que l’évacuation successive des terri-
toires ottomans, stipulée par l'article
31 du Traité du 30 mars, aura fait

April 8, 18561

Article twenty-three of the Treaty
oí March 30 has instituted a Special
Commission to gather together the
elements and to preface the bases for
the future organization of the Danu-
bian Principalities. The Powers Sig-
natory to the Treaty are consequently
agreed on the composition of this
Commission, in accordance with the
stipulations of the said Treaty, and
the Congress assembled in Paris has
approved the instructions intended to
regulate the conduct of the Commis-
sioners in the course of their mission.

The Articles of the Treaty of
March 30 regarding the Principalities
of Wallachia and of Moldavia are as
follows:

The Articles given above establish
with precision the general character of
the task confided to the European
Commissioners. The questions sub-
initted for their study embrace the ad-
ministrative system in its most com-
plete expression; but the irrevocable
principles sanctioned by the Treaty
should remain foreign to their in-
quiry.

The Commissioners shall repair to
Constantinople as soon as the gradual
evacuation of the Ottoman territory
stipulated by Article 31 of the Treaty
of March 30, shall have made suffi-

1 Annex to Protocol No. 22 of the Congress of Paris of 1856 (Session of April 8).

Archives Diplomatiques, 1866, pt. 2, p. 34.

2 Articles 22-27 of the Treaty of Paris are here recited in full.

See pp. 743-745.

MOLDAVIA AND WALLACHIA, 1857 747

assez de progrès pour que la Commis-
sion puisse combiner son arrivée à
Bucharest avec la complète cessation
des occupations armées temporaires,
ainsi qu'avec l’execution de l’article
20 relatif à la rectification de la fron-
tière moldave.

Une force indigène veillera alors au
maintien de l’ordre public, et l'autorité
administrative aura pu, d'ici là, presser
le développement de son organisation
de manière à ce qu'elle puisse répondre
à toutes les exigences de la situation.

A leur arrivée à Constantinople, les
Commissaires devront s'assurer que
l'envoi des Firmans de convocation
des Divans a eu lieu. La Porte, aux
termes du Traité du 30 mars, s’est
engagée a faire cette convocation dans
les formes les plus propres à assurer
une représentation fidèle des intérêts
de toutes les classes de la société.

De Constantinople, la Commission
se rendra à Bucharest. Elle n’y ap-
portera aucun système précongu; mais
elle s’y entourera de toutes les lu-
mières, de toutes les informations qui
lui permettront d'asseoir un jugement
impartial sur l'état du pays, en se rap-
pelant toujours qu’elle n’a que le carac-
tère consultatif, et que ses opinions,
réservées uniquement pour les Gou-
vernements dont le mandat lui est con-
fié, ne doivent jamais transpirer sur
le terrain de ses investigations.

La Commission portera particulière-

cient progress for the Commission to
be able to time its arrival at Bucharest
with the complete cessation of the
temporary armed occupation, as well
as with the execution of Article 20 re-
lating to the rectification of the Mol-
davian frontier.

A native force shall thereupon care
for the public order, and in the mean-
time the administrative authority shall
have the power to press forward with
the development of its organization
in such a way that it may be able to
respond to all the exigencies of the
situation.

On their arrival at Constantinople,
the Commissioners shall make certain
that the Firmans of convocation of
the Divans have been dispatched.
The Porte, by the terms of the Treaty
of March 30, has engaged to issue this
convocation in the form most calcu-
lated to assure a faithful representa-
tion of the interests of all classes of
society.

From Constantinople the Commis-
sion shall repair to Bucharest. It
shall not take with it any preconceived
theory; but it shall procure all the en-
lightenment and all the information
which will permit it to form an im-
partial judgment as to the state of the
country, always bearing in mind that
it has only a consultative character,
and that its opinions, reserved abso-
lutely for the Governments with
whose mandates they are entrusted,
should never be given on the ground
where the investigations are being
conducted.

The Commission shall turn its at-

748 DOCUMENTS

ment son attention sur les réformes '

que réclament les statuts et reglements
en vigueur; elle étudiera l’état finan-
cier, l’assiette de l’impôt, les rapports
du Clergé avec 1'Administration, le
régime des couvents, le système mili-
taire, les développements dont il est
susceptible dans une juste proportion
avec les ressources financières du pays.
Elle examinera le principe constitutif
du Pouvoir et les questions qui s'y
rattachent, mais elle ne discutera au-
cun système qui serait en opposition
patente avec les principes généraux
consacrés par le Traité du 30 mars.
Aussitót que les Divans seront con-
stitués dans les deux Principautés, la
Commission, par celui de ses mem-
bres qu'elle aura choisi pour organe,
se mettra en relation avec les Prési-
dents de ces Divans. Elle les invitera
a lui transmettre l'expression des
voeux manifestés sur les améliorations
que comportent toutes les branches de
l'administration, et, en général, sur les
réformes qui embrassent dans leur en-
semble l’organisation des Principautes.

Si les vœux manifestés par les
Divans ne sont pas jugés par la Com-
mission de nature a éclairer suffisam-
ment toutes les matières soumises à
son examen, elle leur adressera des
questions subsidiaires, et provoquera
les réponses nécessaires pour com-
pléter son propre travail.

Pendant les réunions des Divans,
aucune influence ne devra étre exercée
sur la marche de leurs déliberations.
Toute agitation extérieure en fausse-
rait le résultat et retarderait, si elle ne

tention particularly to the reforms
which are called for by the statutes
and acts in force; it shall study the
financial status, the state of taxation,
the relations of the Clergy with the
Administration, the regulation of con-
vents, the military system, and the
developments of which it is suscepti-
ble in a just proportion to the financial
resources of the country. It shall ex-
amine the constituent principle of
power and the questions relating to it,
but it shall discuss no system in patent
opposition to the general principles
sanctioned by the Treaty of March 30.

Immediately on the institution of
the Divans in the two Principalities.
the Commission, through those of its
members chosen by it as its medium,
shall put itself in relation with the
Presidents of the Divans. It shall in-
vite them to transmit to it the expres-
sion of the wishes manifested con-
cerning the amelioration suitable to all
the branches of the administration,
and in general, concerning the reforms
which embrace in their entirety the
organization of the Principalities.

If the wishes manifested by the
Divans are judged by the Commission
not to be of a nature sufficient to give
light on all the matters submitted to it
for examination, it shall address sub-
sidiary questions to them, and shall
provoke the answers necessary to com-
plete its proper labors.

During the meetings of the Divans,
no influence whatever shall be exer-
cised over the course of their delib-
crations. Any external agitation will
falsify the result, and delay, if it does

MOLDAVIA AND WALLACHIA, 1857

les compromettait pas pour toujours,
les améliorations que les Puissances
signataires du Traité du 30 mars s'ef-
forcent, de concert avec la Porte,
d'introduire dans le régime intérieur
des Principautés. Lorsque les délibé-
rations des Divans seront terminées,
la Commission se mettra d'accord sur
le Rapport d'ensemble qu'elle doit
adresser au siège actuel des Confé-
rences. Si cet accord n'avait pas lieu
sur tous les points, elle reproduira à la
fois les opinions unanimes et celles qui
n'auraient pas pu se concilier dans son
sein.

En général, dans le cours de ses
opérations, la Commission ne perdra
pas de vue son véritable caractère.
C'est une enquête impartiale dont elle
est chargée, et elle ne répondra exacte-
ment à l'esprit de son institution qu’en
se prémunissant, dans ses rapports
avec les fonctionnaires et les personnes
privées, contre tout acte d’autorité ou
d'ingérence qui serait en contradic-
tion formelle avec le but de sa mission.

749

not compromise for all time, the ame-
liorations which the Powers signatory
to the Treaty of March 30 are striv-
ing, in concert with the Porte, to in-
troduce into the internal government
cf the Principalities. When the de-
liberations of the Divans shall be ter-
minated, the Commission shall agree
on a joint report which it shall ad-
dress to the then seat of the Confer-
ences. If this agreement is not
reached on all points, it shall set forth
both those opinions which are unani-
mous and those on which agreement
has not been possible.

In general, the Commission, in the
course of its operations, shall not lose
sight of its true character. It is
charged with an impartial inquiry and
in its dealings with officials and with
private individuals it will respond ex-
actly to the spirit of its institution
only by taking measures against all
acts of authority or of interference
which may be in formal contradiction
with the object of its mission.

Firman of Convocation of the Divans “ ad hoc” of Wallachia and of Mol-
davia. Adopted January 13, 1857 *

Au caimacan de Valachie (de Mol-
davie).

De méme que notre gouvernement
impérial s’est appliqué, en tout temps,
à maintenir les privilèges et immu-
nités octroyés par nos glorieux an-
cétres à chacune des provinces de Va-
lachie et de Moldavie, qui font partie

1 Arch. Dip., 1866, pt. 2, pp. 55-59.

To the Caimacam of Wallachia (of
Moldavia) :

As our Imperial Government has
at all times bent its efforts towards
the maintenance of the privileges and
immunities conceded by our glorious
ancestors to each of the provinces of
Wallachia and of Moldavia, which

750

intégrante de notre empire, et á mettre.

ses soins à augmenter et a étendre le
bien-étre des populations, nous avons
aussi voulu, comme une marque de nos
sentiments de haute équité pour tous
les habitants de nos États en général,
tout en conservant aux habitants des
deux provinces les anciens privilèges
et immunités dont ils sont en posses-
sion, faire réviser et améliorer les
règlements organiques intérieurs de
chacune des susdites provinces, afin
de compléter et d’assurer le bien-être
de toutes les classes de leur popula-
tion.

Les dispositions des puissances
s'étant trouvées en parfait accord avec
nos sentiments, nous sommes convenus
avec elles que les lois et statuts d’au-
jourd'hui en vigueur dans lesdits
provinces, seraient révisés, et que,
pour établir un complet accord sur
cette révision, une commission spé-
ciale, composée des puissances garan-
tes, en vertu du traité du 30 mars, se
réunira à Bucharest, avec un commis-
saire de la Sublime-Porte, pour s'en-
quérir de l’état actuel des Princi-
pautés et proposer les bases de leur
future organisation. En conséquence,
Mehmed-Esaad-Savfet, mustechar du
grand vizir, l’un des dignataires de
notre gouvernement, a été nommé
comme délégué de la Sublime-Porte.

Ayant également promis de con-
voquer, dans chacune des deux pro-
vinces, un Divan ad hoc, composé de
manière à constituer la représentation
la plus équitable des intérêts de toutes

DOCUMENTS

form an integral part of our Empire,
and to the augmentation and the ex-
tension of the well being of the popu-
lations, we have wished, as a mark of
our sentiments of the highest justice
towards all the inhabitants of our
States in general, while preserving to
the inhabitants of the two Provinces
the ancient privileges and immunities”
of which they are in possession, to ef-
fect a revision and an amelioration
of the internal Organic Acts of each
of the aforesaid Provinces, in order
to complete and to assure the well be-
ing of all classes of their population.

The dispositions of the Powers be-
ing found to be in perfect accord with
our sentiments, we are come to an
agreement with them to the effect that
the laws and statutes to-day in force
in the aforesaid Provinces shall be re-
vised, and that, in order to establish
complete accord in this revision, a
special Commission composed of the
guaranteeing Powers, by virtue of the
Treaty of March 30, shall meet at
Bucharest, with a Commissioner of
the Sublime Porte, to enquire into the
present state of the Principalities and

‘ to propose the bases for their future

organization. In consequence, Meh-
med-Esaad-Savfet, Mustecher of the
Grand Vizier, one of the dignita-
ries of our Government, has been ap-
pointed as delegate by the Sublime
Porte. |

Having also promised to convoke,
in each of the two provinces, a Divan
ad hoc, composed in such a way as
to constitute the most equitable repre-
sentation of the interests of all classes

MOLDAVIA AND WALLACHIA, 1857

les classes de la société, et qui sera
appelé á exprimer les voeux des popu-
lations relativement á l’organisation
définitive des Principautés, notre vo-
lonté impériale est de constituer ces
Divans sur les bases suivantes:

Art. 1”. Outre le métropolitain
et les évéques de la province, qui
seront, de droit, membres du Divan,
les supérieurs ou administrateurs des
monastères propriétaires de biens
dédiés, et les supérieurs des monas-
tères propriétaires non dédiés, choisi-
ront séparément deux députés clercs
et indigènes, c’est-à-dire, quatre dépu-
tés en tout ; et les prêtres remplissant,
à titre quelconque, les fonctions de
leur ministère dans le chef-lieu de
chaque évêché, se réuniront, sur la
convocation de leur évêque diocésain,
pour nommer également parmi eux un
député au Divan, par diocèse.

ArT. 2. Tous les boyards et les
fils de boyards, de quelque rang qu'ils
soient, á la condition d'étre agés de
trente ans, d'étre indigènes ou actuel-
lement et légalement naturalisés, et
de jouir de tous leurs droits civils, se
rendront au chef-lieu du district dans
lequel ils sont domiciliés et possedent
une propriété de cent faltches* au
moins, ou l'équivalent en pogones ? de
terre exploitées et en rapport. Ils y
éliront, á la majorité des voix, deux
députés au Divan, parmi ceux d'entre
eux qui justifieront de la possession
d'un immeuble de trois cents faltches
au moins, libre de toute charge hy-

751

of society, and called to express the
wishes of the populations as to the
definitive organization of the Princi-
palities, it is our imperial will to con-
stitute these Divans on the following
bases —

Art. 1. Besides the Metropolitan
and the bishops of the province, who
shall be er officio members of the
Divan, the superiors or adminis-
trators of the monasteries owning
dedicated lands, and the superiors of
the monasteries owning lands not ded-
icated, shall choose separately two
deputies who shall be clerical and na-
tive, that is to say, four deputies in
all; and the priests fulfilling, with
whatever titles, the functions of their
ministry in the headquarters of each
bishopric, shall meet, on the convoca-
tion of their diocesan bishop, to name
from among themselves one deputy |
from each diocese to the Divan.

ART. 2. All the boyards and sons
of boyards, of whatever rank they
may be, on condition of being thirty
vears of age, native or legally nat-
uralized at the present time, and in
the enjoyment of all their civil rights,
shall repair to the capital of the dis-
trict in which they are domiciled and
in which they possess a property of
100 faltches at least, or the equivalent
in pogones of cultivated and produc-
tive land. They shall elect, by ma-
jority vote, two deputies to the Divan,
from among those of their number
who shall prove possession of real
property of 300 faltches at least, free

1 Faltche, a Moldavian measurement = 2880 stingen, or 2.02 meters.
2 Pogone, a Wallachian measurement = 1296 stingen.

752

pothécaire, ou l'équivalent en pogones
de terres exploitées et en rapport.
Les grands boyards seuls, remplis-
sant cette dernière condition, seront
éligibles dans les districts où ils ne
seraient pas domicilies.!

ART. 3. Tous .les propriétaires,
sous quelque dénomination que ce soit,
à la condition d’être agés de trente
ans, d’être indigènes ou actuellement
et légalement naturalisés, de jouir de
tous leurs droits civils, et qui possé-
deront un bien-fonds d’une contenance
de quatre-vingt-dix-neuf faltches en
maximum, ou l'équivalent en pogones
de terres exploitées et en rapport, et
de dix faltches en minimum ou l’équi-
valent en pogones de terre de méme
nature, se réuniront au chef-lieu de
l’arrondissement où ils sont domiciles,
et ils désigneront, parmi eux, à la ma-
jorité des voix, cinq électeurs au
deuxième degré. Ces délégués se
transporteront au chef-lieu du district,
et nommeront parmi eux, de la même
façon, un député au Divan. |

ART. 4 Les communes rurales
composées de paysans clacaches, à
quelque classe qu'appartiennent les
propriétaires de la terre, enverront
chacune, au chef-lieu de l’arrondisse-
ment, deux délégués au premier degré,
nommés dans les formes consacrées
pour l'élection des autorités du vil-
lage. Ces délégués choisiront deux
d'entre eux pour remplir les fonc-
tions d'électeurs au deuxiéme degré,
et les électeurs au deuxiéme degré,
réunis au chef-lieu du district, nom-

DOCUMENTS

from all mortgage, or the equivalent
in pogones of cultivated and produc-
tive land. The great boyards alone,
fulfilling this latter condition, shall be
eligible in the districts where they are
not domiciled.

ART. 3. All the proprietors, un-
der whatever denomination, if of
thirty years of age, native, or at pres-
ent legally naturalized, and in the en-
joyment of all their civil rights, and
who shall be in possession of landed
property to the amount of 99 faltches
at the maximum, or the equivalent in
pogones of cultivated and productive
land, and of ten faltches at the mini-
mum or the equivalent in pogones of
land of the same kind, shall meet at
the capital of the sub-prefecture where
they are domiciled, and shall designate
from among themselves and by ma- *
jority vote, five electors to the second
college. These delegates shall repair
to the chief place of the district, and
shall name from among themselves, in
the same manner, one deputy to the
Divan.

Art. 4. The rural communes
composed of peasant serfs, to what-
ever classes the landed proprietors be-
long, shall each send to the capital of
the sub-prefecture two delegates to the
first college, elected in the manner pro-
vided for the election of the village
authorities. These delegates shall
choose two from among themselves to
fulfil the functions of electors to the
second college, and the electors to the
second college, assembled at the cap-
ital of the district, shall name from

1 Abrogated by Article 5 of the Memorandum.

MOLDAVIA AND WALLACHIA, 1857

meront parmi eux un député au Divan,
qui recevra une indemnité équitable
de route et de séjour dans la capitale.

ART. 5. La ville, siège du gouv-
ernement, devant nommer quatre
députés au Divan, les deux villes de
deuxième ordre * chacune deux dépu-
tés, et les autres villes, chefs-lieux de
district chacune un député, les élec-
tions dont il s’agit auront lieu sur les
bases suivantes :

Seront électeurs, à la condition
d’être âgés de trente ans, d’être indi-
gènes ou actuellement et légalement
naturalisés, de ne relever d'aucune
protection étrangère et de jouir de
tous les droits civils:

1° Les habitants propriétaires de
maisons de la valeur de vingt mille
piastres au moins, pour la capitale, et
de huit mille piastres, au moins, pour
les autres villes, à l’exception de ceux
qui seraient déjà appelés à émettre leur
vote en vertu des dispositions n° II et
n° III du présent Firman;

2° Les personnes adonnées à une
profession libérale comme les profes-
seurs des écoles de l’État, et les mem-
bres des diverses académies ou socié-
tés littéraires et scientifiques organi-
sées et reconnues par le gouvernement,
comme les médecins et les hommes de
loi munis de diplômes réguliers, et les
ingénieurs civils, exerçant les uns et
les autres leur fonction ou leur art
depuis trois années dans la ville où
ils résident ;

3° Les négociants patentés des trois
classes, inscrits sur les dernières listes

1 Craiova and Braila.

753
among themselves one deputy to the
Divan, who shall receive an equitable
sum for his travelling expenses and
his stay at the capital.

Art. 5. The city which is the seat
oí government, shall name four dep-
uties to the Divan !; the two cities of
the second rank, two deputies each,
and the other towns, capitals of their
districts, one deputy each, the elec-
tion of the above deputies to take
place on the following basis:

Those persons mentioned below
shall be electors who, being thirty
years of age, native or at present le-
gally naturalized, are not under any
foreign allegiance and are in the en-
joyment of all their civil rights:

1. Householders owning houses to
the value of 100,000 francs at least,
in the capital and 40,000 francs at
least, in the other towns, with the ex-
ception of those who shall have al-
ready been called on to vote by virtue
of dispositions No. II and No. III of
the present Firman.

2. Those persons pursuing liberal
professions, such as professors in
State schools and the members of the
diverse academies or literary and sci-
entific societies, organized and recog-
nized by the Government, such as doc-
tors, lawyers holding regular diplo-
mas, and civil engineers, all these hav-
ing in each case been in the practice of
their profession for three years in the
town in which they reside;

3. Licensed merchants of the three
classes, inscribed on the last lists pre-

754

préparées pour l'élection des munici-
palités;

4° Les prévôts des diverses corpor-
ations d'artisans, auxquels seront ad-
joints trois délégués par corporation,
choisis dans les formes usitées pour la
nomination des prévôts.

Tous les électeurs ci-dessus désignés
se réuniront au siège de la munici-
palité, et éliront parmi eux, à la ma-
jorité des voix, sans pouvoir émettre
un double vote, le nombre des députés
au Divan attribué a la ville, selon son
ordre.

Bien que Pon doive attendre, pour
procéder à l'élection des députés au
Divan, l'arrivée de la commission
formée du délégué de notre Sublime-
Porte et des délégués des puissances
garantes, on s'occupera, aussitôt après
la publication du présent Firman, de
la confection des listes électorales. A
cet effet, il sera enjoint aux adminis-
trations des districts, de prendre les
mesures nécessaires pour que ces listes
soient publiées et affichées partout où
besoin sera, trente jours au moins
avant l’époque fixée pour les élections,
de façon à permettre aux réclama-
tions de se produire. Ces réclama-
tions seront examinées par un comité
composés de l'ispravnik,* des membres
du tribunal et de la municipalité du
chef-lieu du district.

Toute intervention de l'autorité
dans les opérations électorales, qui
n'aurait point uniquement pour objet

DOCUMENTS

pared for the elections of the munici-
palities ;

4. The provosts of the diverse
guilds, to whom shall be added three
delegates for each guild, chosen in the
usual manner of election of provosts.

All the electors above designated
shall meet at the headquarters of the
municipality, and shall elect from
among themselves, by majority vote,
without power of casting a double
vote, the number of deputies to the
Divan allotted to the town, according
to its rank.

Although the arrival of the Com-
mission composed of the delegate ap-
pointed by our Sublime Porte and the
delegates of the guaranteeing Pow-
ers must be awaited before proceeding
to the election of the deputies to the
Divan, the drawing up of the electoral
lists shall be undertaken immediately
on the publication of the present Fir-
man. For this purpose the adminis-
trative officials of these districts are
ordered to take such measures as are
necessary that these lists may be pub-
lished and posted in all the proper
places at least thirty days before the
time set for the elections, in order to
permit complaints to be entered.
These complaints shall be examined
by a committee composed of the is-
pravnik, the members of the tribunal
and of the Municipality of the capital
of the district.

All intervention of authority in the
electoral operations, which shall not
be for the sole object of maintaining

1 The officer who is chief of police and presiding judge in a rural district.

MOLDAVIA AND WALLACHIA, 1857

de maintenir l’ordre, serait abusive et
formellement contraire aux intentions
de la Sublime-Porte. En consé-
quence, les ministres, les directeurs
des départements et les ispravniks ne
pourront se porter comme candidats,
qu'en se démettant de leurs fonctions.

Afin d'éviter toute confusion, les
élections qui doivent se faire dans les
chefs-lieux de district auront lieu suc-
cessivement dans l’ordre indiqué pour
les classes appelées à envoyer des re-
présentants au Divan. Il en sera de
même pour les élections au siège des
arrondissements.

Les députés des différentes classes,
réunis en assemblée générale, consti-
tueront le Divan ad hoc, appelé à ex-
primer les vœux de la Principauté
touchant la révision des statuts et
règlements aujourd’hui en vigueur.

Pour mieux atteindre ce but, les
députés de chaque catégorie forme-
ront autant de comités séparés, qui se
livreront plus particulièrement a
l'étude des diverses questions dans
leurs rapports avec les intérêts et les
besoins de leur propre classe.

Le Divan ayant seulement pour mis-
sion d'émettre des vœux, qui seront
d'abord examinés par la commission
composée du délégué de notre Sub-
lime-Porte et des délégués des puis-
sances garantes, et discutés ensuite
entre notre Sublime-Porte et ses alliés,
les propositions émanées des comités
particuliers seront, par des rapports
séparés, placées sous les yeux de la
commission, aussi bien que le résultat
des délibérations en assemblée géné-
rale.

755

order, shall be improper and directly
contrary to the intentions of the Sub-
lime Porte. Consequently, the minis-
ters, the directors of the departments
and the ispravniks shall not run as
candidates without having resigned
their functions.

In order to prevent any confusion,
the elections which shall be held in the
capitals of districts shall take place
successively, in the order indicated for
the classes called on to send represen-
tatives to the Divan. It shall be the
same for the elections at the headquar-
ters of the districts.

The deputies of the different
classes, met in general assembly, shall
constitute the Divan ad hoc, sum-
moned to express the wishes of the
Principality regarding the revision of
the Statutes and Acts today in force.

The better to attain this object, the
deputies of each category shall form
so many separate committees, which
shall give themselves more particu-
larly to the study of the diverse ques-
tions in their relation to the interests
and needs of their own class,

The Divan having for its sole mis-
sion the statement of desires, which
shall be first examined by the Commis-
sion composed of the delegate oí our
Sublime Porte and of the delegates of
the guaranteeing Powers, and then
discussed between our Sublime Porte
and its Allies, the propositions pro-
posed by the special Committees shall
be placed before the Commission as
separate reports, together with the de-
liberations of the general assembly.

756

La présidence du Divan sera dé-
volue au métropolitain, assisté d'un
vice-président nommé à la majorité
des voix, en assemblée générale, parmi
les boyards de première classe.

Les secrétaires, en nombre égal à
celui des classes représentées, seront
aussi nommés à la majorité des voix.

Chaque comité choisira dans son
sein un président à la pluralité des
suffrages.

Dans son désir d’accélérer le mo-
ment où la province sera en possession
d'une organisation définitive, la Sub-
lime-Porte attend du Divan qu'il aura
terminé ses travaux dans le délai de
six mois, et que, sachant se pénétrer du
sentiment de ses devoirs de fidélité, il
ne manquera pas de renfermer ses
discussions dans les bornes conve-
nables, et nous épargnera le déplaisir
d'aviser aux moyens de protéger con-
tre toute atteinte nos droits augustes
de suzeraineté.

Le présent Firman est émané et ex-
pédié de mon Divan impérial pour
faire connaitre la decision dont il
s'agit.

Toi, qui es le susdit caimacam, tu
mettras tes efforts et ton attention
pour la pleine et entiére exécution de
ladite décision, et tu ajouteras foi et
créance à mon chiffre impérial.

Première décade de djemazil-akhir
1273.

DOCUMENTS

The presidency of the Divan shall
be held by the Metropolitan, assisted
by a vice-president elected by the gen-
eral assembly by majority vote, from
among the boyards of the first class.

The Secretaries, equal in number to
the classes represented, shall also be
elected by majority vote.

Each Committee shall choose a
president by plurality from its own
membership.

In its desire to hasten the moment
when the province shall be in posses-
sion of a definitive organization, the
Sublime Porte expects the Divan to
end its labors within six months, and
that, knowing it to be filled with the
sentiment of its duty to loyalty, it will
not refrain from confining its discus-
sions to the proper limits, and we shall
spare ourselves the trouble of advis-
ing as to the means of protecting our
august and suzerain rights against any
infringements.

The present Firman is issued and
dispatched by my imperial Divan in
order to make known the decision
here given.

You, the Caimacam above men-
tioned, will devote your efforts and
your attention to the full and complete
execution of the said decision,. and
you shall give full faith and credence
to my imperial seal.

First decade of Djemazil-Akhir
1273.

MOLDAVIA AND WALLACHIA, 1857

757

Manifesto of the Electoral Committee of Jassy. March 10/22, 1857 *

Le Traité de Paris a stipulé que les
populations des Principautés rou-
maines seraient consultées sur la ré-
organisation du gouvernement de leur
patrie.

Le Firman de Sa Majesté Impériale
le Sultan, qui convoque les assemblées
spécialement appelées á exprimer les
vœux du pays, vient d’être promulgué.

La Commission européenne, qui a
pour tache de recueillir ces voeux et
de les soumettre au Congrés des
grandes Puissances, vient d'arriver à
Bucharest.

En ce moment plein de tant d'es-
pérances, le devoir de tous les Rou-
mains est de se réunir, de s'éclairer,
de se mettre d'accord sur les principes
qui doivent servir de base aux vœux
à exprimer par le pays.

Animés de ce sentiment du devoir
national, nous soussignés, après nous
être entendus avec la majeure partie
des adhérents à Punion des Princi-
pautés, nous sommes constitués en
comité électoral pour la ville de Jassy.

Le but de notre réunion est de nous
mettre en rapport étroit avec les élec-
teurs qui partagent notre croyance po-
litique, et de travailler, de concert avec
eux, pour qu'aux prochaines élections
le triomphe soit assuré au grand vœu
qui prédomine dans les Principautés.

Le programme que nous nous en-

1 Arch. Dip., 1866, pt. 2, p. 61.

The Treaty of Paris stipulated that
the populations of the Roumanian
Principalities should be consulted
regarding the reorganization of the
government of their country.

The Firman of His Imperial Maj-
esty the Sultan, which convokes the
assemblies especially called to express
the country's wishes, has just been
promulgated.

The European Commission whose
task it is to gather these votes and to
submit them to the Congress of the
great Powers, has just arrived at Bu-
charest.

At this moment so filled with hopes,
the duty of all Roumanians is to unite,
to inform themselves, to agree upon
the principles which should form the
basis of the desires to be expressed
by the country.

Moved by this sentiment of national
duty, we, the undersigned, after hav-
ing come to an understanding with
the majority of the adherents of a
union of the Principalities, have con-
stituted ourselves an electoral commit-
tee for the city of Jassy.

The object of our meeting is to
place ourselves in close touch with
the electors who share our political
belief, and to work in concert with
them so that at the approaching elec-
tions the triumph of the great desire
which predominates in the Principali-
ties may be assured.

The program which we undertake

758

a 5

gageons á soútenir est fondé sur les
principes mémes du Traité de Paris, à
savoir:

1° L'Union des PRINCIPAUTÉS en
un seul État, sous le respect des droits
de la Sublime-Porte, suivant l'esprit
et la lettre de nos anciennes capitula-
tions.

2° La NEUTRALITÉ du territoire
des Principautes.

3° Le respect des droits des Prin-
cipautés et particulièrement de leur
AUTONOMIE, selon l'esprit et la let-
tre des mêmes traites.

49 L'HÉRÉDITÉ DU CHEF DE
L'ETAT. (L’hospodarat a fait son
temps: un régime européen doit lui
succéder. )

59 Le pouvoir législatif confié à
une seule ASSEMBLÉE GÉNÉRALE, qui
représente les intérêts de la nation tout
entière.

6° La soumission des étrangers
habitant les Principautés à toutes les
lois du pays.

7° La reconnaissance du droit des
Principautés de nouer des relations
commerciales selon leurs propres in-
terets.

8° Tout cela sous la garantie collec-
tive des Puissances signataires du
Traite de Paris.

Le parti de l’Union est en même
temps le parti du progrès.

Donc, nous désirons de tout notre
cœur que, dans notre pays aussi, s'in-
troduisent toutes les réformes qui
nous mettent en état de civiliser notre
société et de fortifier notre nation, ré-
formes fondées sur les principes de la

DOCUMENTS

to support is founded on the same
principles as the Treaty of Paris, to
wit:

1. Union of the PRINCIPALITIES
into one State, with respect for the
rights of the Sublime Porte, following
the spirit and the letter of our ancient
capitulations.

2. NEUTRALITY of the territory of
the Principalities.

3. Respect for the rights of the
Principalities and particularly for
their AUTONOMY, according to the
spirit and the letter of the same trea-
ties.

4. HEREDITY OF THE HEAD OF THE
STATE. (The hospodariat has served
its term: a European régime must suc-
ceed it.)

5. The legislative power confided
tc a single GENERAL ASSEMBLY, rep-
resenting the interests of the whole
nation.

6. The submission of foreigners
living in the Principalities to all the
laws of the country.

7. Recognition of the right of the
Principalities to form commercial re-
lations according to their own inter-
ests.

8. All this under the collective
guarantee of the Powers signatory to
the Treaty of Paris.

The party of Union is at the same
time the party of progress.

Therefore, we desire with all our
hearts, that in our country also, all
the reforms may be introduced which
will put us in a condition to civilize
our society and to strengthen our na-
tion, reforms founded upon the prin-

MOLDAVIA AND WALLACHIA, 1857

justice, de l'égalité devant la loi et du
respect de la propriété.

Toutefois, en nous fondant méme
sur l’article 22 du Traité de Paris, qui
consacre la pleine et entière liberté de
notre législation (l'autonomie), nous
désirons que toutes les réformes qui
doivent s’introduire dans l’organisa-
tion intérieure des Principautés se
réalisent, non point au détriment, mais
bien avec le respect et en vertu de
notre autonomie.

Quelque précieuses et nécessaires
que soient les réformes intérieures,
nous mettons néanmoins au-dessus
d’elles le droit que nous possédons de
faire nous-mêmes nos propres lois
dans notre pays.

Afin de remplir religieusement ce
saint devoir, déposons, tous, nos ani-
mosités personnelles, oublions les dis-
sentiments intérieurs, conséquence fa-
tale des malheurs qui pèsent depuis
un siècle sur notre pays; donnons-nous
tous la main, en nous souvenant que
Moldaves et Valaques ne sont point
deux peuples différents; que nous
sommes tous les fils de la même mere;
que le même sang coule dans nos
veines; que le même avenir nous est
réservé, avenir qui ne peut être heu-
reux que si, le jour où l’Europe vient
nous poser la grande question, elle
nous trouve tous professant la même
foi politique, tous animés de la même
pensée pour le bien commun, et lui
montrant, à elle, qui nous accorde
toute la liberté dans l'émission de nos
vœux, que d’une seule et même voix

759

ciples of justice, equality before the
law and respect for property.

Nevertheless, while taking our
stand upon Article 22 of the Treaty
of Paris, which sanctions the full and
complete liberty of our legislation
(autonomy), we desire that all the re-
forms which must be introduced in the
internal organization of the Principal-
ities may be effected, not to the detri-
ment of our automony, but rather
with respect for it and by virtue of it.

However valuable and necessary in-
ternal reforms may be, we place above
them, nevertheless, the right we pos-
sess of making our own laws for our-
selves in our own country.

That we may religiously fulfil this
sacred duty, let us all drop our per-
sonal animosities, forget our internal
dissensions, the fatal consequence of
the misfortunes that have weighed
upon our country for a century; let
us all clasp hands, remembering that
Moldavians and Wallachians are not
two different peoples; that we are all
sons of the same mother; that the
same blood flows in our veins; that the
same future is reserved for us, a fu-
ture that can only be happy if, on the
day when Europe comes to ask us the
great question, she finds us all pro-
fessing the same political faith, all
animated by the same thought for the
common good, and showing to her,
who grants us entire liberty in the ut-
terance of our wishes, that with one
and the same voice we cry: Long

760

nous crions: Vive la Roumaine unie
et autonome!

(Signé.) Les membres du Comité
électoral de l’Union pour la ville et le
district de Jassy :

STÉPHAN CATARGI — PIERRE MA-
VROJENI — COSTAKI ROLLA — ANA-
TASE PANO — BASILE MALINESCO —
GEORGES STOURDZA — DÉMÈTRE RA-
LETTO — COSTAKI HOURMOUSAKI —
DÉMETRE COSADINI.

Jassy, 10/22 mars 1857.

DOCUMENTS

live Rumania united and autonomous!

(Signed.) Members of the elec-
toral Committee of Union for the
city and district of Jassy :

STEPHEN CATARGI — PIERRE MA-
VROJENI — CosTAKI ROLLA — ANA-
TASE PANO — BASILE MALINESCO —
GEORGES STOURDZA — DÉMÈTRE RA-
LETTO — COSTAKI HOURMOUSAKI —
DEMETRE COSADINI.

Jassy, 10/22 March, 1857.

Extracts from Protocols Nos. 1-6, 9, 11-14, 17, 19, 21, 22, 25 and 34 of the
European Commission on the Reorganization of Moldavia and Wallachia.

May 18 to December 28, 1857 !

Protocolul No. 1. Sedinta din 30
(18) Maiú 1857.

Presents:

Pour l’Autriche, M. Liehmann de
Palmerode, etc.

Pour la France, M. le Baron de
Talleyrand, etc.

Pour la Grande Bretagne,
Henry Bulwer, etc.

Pour la Prusse, M. le Baron de
Richthofen, etc.

Pour la Russie, M. de Basily, etc.

Pour la Sardaigne, M. le Chevalier
Benzi, etc.

Pour la Turquie, Safvet Effendi,
etc.

MM. les Plénipotentiaires de l’Au-
triche, de la France, de la Grande
Bretagne, de la Prusse, de la Russie,
de la Sardaigne et de la Turquie se

Sir

Protocol No. 1. Session of May
18/30, 1857.

Present :

For Austria, M. Liehmann de Pal-
merode, etc.

For France, Baron de Talleyrand,
etc.

For Great Britain, Sir Henry Bul-
wer, etc.

For Prussia, Baron de Richthofen,
etc.

For Russia, M. de Basily, etc.

For Sardinia, Chevalier Benzi, etc.

For Turkey, Safvet Effendi, etc.

The Plenipotentiaries of Austria,
France, Great Britain, Prussia, Rus-
sia, Sardinia and Turkey are to-day
met in conference at the house of the

1 Acte si documente relative la istoria renascerei Romaniei. Sturdsa & Colescu-V artic,

vol. 6, pt. 2, p. 399 et seg.

MOLDAVIA AND WALLACHIA, 1857

sont réunis aujourd'hui en conférence
chez le Commissaire britannique Sir
Henry Bulwer, qui a pris la parole
pour proposer de se constituer en
Commission, selon la teneur de l’in-
struction annexée au protocole No. 22
du Congrès de Paris.!

Après avoir rempli les formalités
requises, lecture a été donnée de la dite
instruction.

Et à la question de Mr. le Commis-
saire britannique, si cette instruction
doit être considérée comme complete-
ment obligatoire pour tous, Messieurs
les Commissaires ont répondu affirma-
tivement, se désistant de tout droit de
se prévaloir des instructions particu-
liéres á chacun d'eux, qui seraient en
désaccord avec l'instruction générale
du Congrés.

... La Commission adopte le
mode de l'alternat pour l’exercice de
la Présidence.

Tous les Commissaires prient Saf-
vet Effendi d'accepter la Présidence,
pour la premiére période, qui sera ulté-
rieurement fixée; après quoi, décidera
le sort entre les six membres restants,
et ainsi de suite jusqu'a ce que tous
aient exercé à tour de róle la Prési-
dence.

Le terme de la Présidence est fixé
unanimement à un mois.

Protocolul No. 2. Sedinta din 2
lunie (21 Mai) 1857.

Dans la délibération á laquelle la

1 See supra,

761

British Commissioner, Sir Henry Bul-
wer, who addressed the meeting with
the proposal to constitute themselves
as a Commission according to the
tenor of the Instructions annexed to
Protocol No. 22 of the Congress of
Paris.

After having fulfilled all the re-
quired formalities, the said instruc-
tions were read.

To the question of the British Com-
missioner as to whether these instruc-
tions should be considered as abso-
lutely obligatory for all, the Commis-
sioners answered in the affirmative,
refraining from claiming any right
for each to take advantage of his own
instructions, should they be in dis-
agreement with the General Instruc-
tions of the Congress.

. . . The Commission adopts the
method of the alternat in the exercise
of the presidency.

All the Commissioners beg Safvet
Effendi to accept the Presidency for
the first period, to be fixed later; after
which it shall be decided by lot among
the six remaining members, and so on
until all shall have exercised the func-
tions of the presidency.

The terms of the presidency 1s
unanimously fixed at one month.

Protocol No. 2. Session of May
21/June 2, 1857.

In the deliberation to which the

762

Commission procéde, Mr. le Baron
de Richthofen appelle d’abord Pat-
tention de ses collègues sur les affaires
de Moldavie, en posant la question sui-
vante:

“Les interprétations, qui seront
données au Firman de convocation
par une entente entre la Commission
et le Gouvernement valaque, seront-
elles également applicables a la Mol-
davie ? ”

Mr. le Commussaire de Prusse
‘adresse cette question à la Commis-
sion, parce que, lors du séjour de quel-
ques-uns de MM. les Commissaires à
Jassy, il y eut entre eux quelque désac-
cord à cet égard.”

Mr. le Baron de Talleyrand de-
mande, “ si Safvet Effendi a reçu de
Constantinople une réponse aux obser-
vations faites par le Caimacam de Va-
lachie et par la Commission sur la
manière de procéder à l'exécution du
Firman.”

Sir Henry Bulwer “ propose d’eta-
blir une distinction entre ces deux
questions.”

La Commission adhere.

On passe aux communications, que
Safvet Effendi déclare avoir reques
de la Sublime Porte. Mr. le Commis-
saire ottoman produit une dépéche
télégraphique en date du 31 Mai, dont
suit le texte:

“ Comme la Sublime Porte espere,
qu’à l’heure qu'il est les doutes soule-
vés en Valachie ont été résolus par
une entente confidentielle entre le Caï-
macam et la Commission, vous êtes
invité à porter à la connaissance du

DOCUMENTS

Commission then proceeds, Baron de
Richthofen first calls the attention of
his colleagues to the affairs of Mol-
davia, by putting the following ques-
tion :

“ Shall the interpretations, given to
the Firman of Convocation by agree-
ment between the Commission and the
Wallachian Government be equally
applicable to Moldavia? ”

The Prussian Commissioner “ ad-
dresses the question to the Commis-
sion because, at the time of the so-
journ of some of the Commissioners
at Jassy, there had been some dis-
agreement on this point.”

Baron de Talleyrand asks “ whether
Safvet Effendi has received an an-
swer from Constantinople to the ob-
servation made by the Caimacam of
Wallachia and by the Commission on
the manner of procedure as to the exe-
cution of the Firman.”

Str Henry Bulwer “ proposes to
make a distinction between these two
questions.”

The Commission agrees.

Passing to the communications
which Safvet Effendi announces that
he has received from the Sublime
Porte, the Ottoman Commissioner
produces a telegraphic dispatch, dated
May 31, of which the text is as fol-
lows:

“As the Sublime Porte hopes that
at the present time the doubts raised
in Wallachia have been settled by a
confidential understanding between
the Caimacam and the Commission,
you are invited to bring the terms

MOLDAVIA AND WALLACHIA, 1857

Caimacam de Moldavie les termes de
cette solution, afin que le Firman soit
appliqué aussi exactement que pos-
sible, sauf les cas exceptionnels, qui
seraient particuliers á la Moldavie.”

Mr. de Basily fait l’observation,
“que le texte de la dépéche prouve
l'existence d'une dépêche antérieure
relative au même sujet, dépêche dont
la Commission n’a pas été prévenue.”

Safvet Effendi produit alors une
seconde dépêche, en date du ler Mai
— No. 8— dont également suit le
texte:

“Comme la Commission européenne
est d’accord au sujet des éclaircisse-
ments demandés sur certains points
du Firman de convocation des Divans
ad hoc, la Sublime Porte, de concert
avec les Representants des Puissances
contractantes, réfère cette affaire à la
Commission.”

Mr. de Liehmann fait remarquer,
“que d’après les renseignements qui,
à cette époque, — ler Mai,— lui etai-
ent parvenus de Constantinople, une
entente n'avait pas eu lieu.”

MM. de Basily et de Richthofen
répliquent, “ que d’après les renseigne-
ments officiels, qui leur ont été
adressés de Constantinople et dont les
dates concordent entièrement avec
celle de la dépêche du ler Mai de
Safvet Effendi, le droit d'interpréter
le Firman est dévolu à la Commis-
sion.”

Mr. le Commissaire d'Autriche
déclare, ‘“que Mr. le Baron de Prokesch

763

of this solution to the knowledge of
the Caimacam of Moldavia, in order
that the Firman may be applied with
as much exactness as is possible, save
for the exceptional cases which are
peculiar to Moldavia.”

M.. de Basily makes the observa-
tion “that the text of the dispatch
proves the existence of an earlier dis-
patch regarding the same subject, of
which the commission has not been ap-
prised.”

Safvet Effendi later produces a
second dispatch, dated May 1 (No.
8), the text of which follows:

“As the European Commission is
in agreement on the subject of the ex-
planation requested as to certain
points of the Firman of Convocation
of the Divans ad hoc, the Sublime
Porte, in concert with the Repre-
sentatives of the Contracting Powers,
refers this affair to the Commis-
sion.”

M. de Liehmann draws attention
to the fact that “ according to the in-
formation which at this time (May
1) had come from Constantinople, an
agreement had not been reached.”

MM. de Basily and de Richthofen
reply, “that according to the ofh-
cial information, addressed to them
from Constantinople, agreeing exactly
as to dates with that of the dispatch of
May 1 of Safvet Effendi, the right of
interpreting the Firman has devolved
upon the Commission.”

The Austrian Commissioner de-
clares “ that Baron de Prokesch wrote

764

lui écrit dans les termes les plus ex-
plicites, qu’à cette époque une entente
n'avait pas encore eu lieu et que, par
conséquent il — Mr. de Liehmann —
n'aurait pas pu prendre part à une
discussion sur l'interprétation du Fir-
man.”

La question ayant été adressée á
Safvet Effendi par plusieurs Commis-
saires, de savoir pourquoi il n’a pas
donné à la Commission connaissance
de la dite dépêche en date du ler
Mai, Mr. le Commissaire ottoman
répond, “ qu'aussitót aprés la réception
de cette piéce, il avait demandé à Mr.
de Liehmann, si celui-ci avait reçu de
Constantinople des communications
portant que le droit d'interpréter le
Firman a été dévolu á la Commission,
et que, par suite d'une réponse néga-
tive à Mr. le Commissaire d'Autriche,
il n'a pas cru de son devoir de porter
la dite dépêche à la connaissance de
tous ses collègues, convaincu, comme
il l'était, que MM. ses collègues ne
voudraient pas y donner suite, tant
qu’ils n'auraient pas reçu de la part
de leurs Représentants des communi-
cations analogues.”

MM. les Commissaires de France,
de la Grande Bretagne, de Prusse,
de Russie et de Sardaigne relèvent,
“que la dépeche précitée en date du
ler Mai n'ayant été communiquée à la
Commission que dans la présente sé-
ance, les Commissaires jusqu’à ce jour
n’ont pas été à même de se prévaloir
du droit, qui, d’après la teneur de ce
document, leur a été conféré.”’

Sir Henry Bulwer demande á

DOCUMENTS

to him in most explicit terms that at
that time an agreement had not taken
place and that in consequence — he —-
M. de Liehmann — would not have
been able to take part in a discussion
oí the interpretation of the Firman.”

The question having been put to
Safvet Effendi by several Commis-
sioners, as to why he has not given
the said dispatch, dated May 1, to the
Commission, the Ottoman Commis-
sioner answers “ that immediately on
the receipt of this document, he asked
M. de Liehmann if the latter had re-
ceived from Constantinople any com-
munication to the effect that the right
of interpreting the Firman has de-
volved on the Commission, and that,
on a negative answer from the Aus-
trian Commissioner, he did not think
it his duty to bring the said dispatch
to the knowledge of his colleagues,
convinced, as he was, that his col-
leagues would not wish to carry it out
so long as they had not received cor-
responding communications from
their Representatives.”

The Commissioners of France,
Great Britain, Prussia, Russia, and
Sardinia hold “that the dispatch
aforesaid, dated May 1, not having
been communicated to the Commis-
sion until the present session, the
Commissioners have not until now
been able to avail themselves of the
right which has been conferred on
them, according to the tenor of this
document.

Sir Henry Bulwer asks Safvet

MOLDAVIA AND WALLACHIA, 1857

Safvet Effendi, “si, considérant les
renseignements qui lui sont parvenus
de la part de la S. P., il peut déclarer
que la Commission est autorisée à
s'entendre confidentiellement avec le
Caimacam de Valachie sur les ques-
tions qui ont été référées à Constan-
tinople.”

Mr. le Commissatre ottoman
ayant répondu affirmativement et Mr.
de Liehmann ayant déclaré de son
côté, ““ qu'il se trouvait, à l'heure qu'il
est, munilde l’information nécessaire de
Constantinople et, qu'en conséquence,
il se croyait á présent en mesure de
délibérer sur ce sujet,” la Commission
procède à l'examen des observations
sur les difficultés survenues dans la
mise à exécution du Firman de con-
vocation, observations qui ont été pré-
sentées aux Commissaires par le Cai-
macam de Valachie.

Sur la proposition de Sir Henry
Bulwer, les Commissaires arrêtent
d'inviter le Caimacam de Valachie à
communiquer d’abord à la Commis-
sion ses opinions précises sur la ma-
nière de résoudre les questions qui ont
été soulevées par S. A., et l’on ap-
prouve qu'à cette fin la lettre suivante
soit adressée au Chef du Gouverne-
ment valaque:

“Les observations, que V. A. a
bien voulu nous communiquer sur
quelques difficultés dans la mise à exé-
cution du Firman de convocation, ont
été soumises à la S. P., ainsi qu'à MM.
les Représentants des Puissances ga-

765

Effendi “ whether, considering the in-
formation, which has been imparted to
him by the Sublime Porte, he is able
to declare that the Commission is au-
thorized to come to a confidential
agreement with the Caimacam of
Wallachia on the questions which
have been referred to Constantin-
ople? ”

The Ottoman Commissioner hav-
ing answered in the affirmative, and
M. de Liehmann having, on his part,
declared “ that he found himself at the
present time, furnished with the neces-
Sary information from Constanti-
nople, and that in consequence, he be-
lieved himself to be able at present
to deliberate on this subject”, the
Commission proceeds to the exami-
nation of the observations concerning
the difficulties met with in the execu-
tion of the Firman of convocation, ob-
servations which had been presented
to the Commissioners by the Caima-
cam of Wallachia.

On the proposition of Sir Henry
Bulwer, the Commissioners agree to
invite the Caimacam of Wallachia first
to communicate to the Commission
the precise opinions as to the manner
of settling the questions which have
been raised by His Highness and it 1s
agreed that for this purpose the fol-
lowing letter be addressed to the Head
of the Wallachian Government:

“The observations which Your
Highness has been good enough
to communicate to us as to certain
difficulties in the execution of the Fir-
man of Convocation, have been sub-
mitted to the Sublime Porte, as well

766

rantes, conformément a l’avis unani-
me de MM. les Commissaires.

“Par suite d'un accord entre la S.
P. et MM. les Représentants il a été
résolu que ces questions doivent étre
référées á une entente confidentielle
entre la Commission et V. A. Je viens
donc vous prier, mon Prince, au nom
de la Commission, de vouloir bien
nous communiquer au plus tot l’opi-
nion précise de V. A. sur la maniére
de résoudre chacune des questions qui

ont fait l’objet de Sa précédente com-'

munication, indépendamment des avis
qui sont énoncés dans la dite commu-
nication.

“(Signé:) E. SAFVET.”

Protocolul No. 3. Sedinta din 3
Junie (22 Maiù) 1857.

La Commission, ainsi qu'elle l’avait
résolu, passe à la discussion des af-
faires de Moldavie.

On pose d’abord la question sur la
nature des rapports entre les Caima-
cams et la Commission, et dans la dis-
‘cussion soulevée sur cet objet par Mr.
«le Liehmann, Sir Henry Bulwer a
cru de son devoir de citer quelques
explications, qui, à l’occasion de la
dernière réunion des Ministres de la
Porte avec les Représentants et les
Commissaires, ont été échangées et
qui étaient de nature à jeter de la lu-
mière sur la position des Commissaires

DOCUMENTS

as to the Representatives of the Guar-
anteeing Powers, in accordance with
the unanimous opinion of the Com-
missioners.”

“ According to an agreement be-
tween the Sublime Porte and the Rep-
resentatives, it has been resolved that
this question shall be referred to a
confidential agreement between the
Commission and Your Highness. I
accordingly beg of you, Prince, in
the' name of the Commission, to be
good enough to communicate to us as
soon as possible the precise opinion
of Your Highness as to the manner of
solving each of the questions which
have been the subject of your former
communication, independently of the
opinion announced in the said com-
inunication.

“Signed: E. SAFVET.”

Protocol No. 3—Session of May
22/June 3, 1857.

The Commission, according to the
resolution it had taken, passed to the
discussion of the affairs of Moldavia.

The first question put was that of
the nature of the relations between
the Caimacams and the Commission,
and during the discussion on this sub-
ject by M. de Liehmann, Sir Henry
Bulwer thought it his duty to cite
certain explanations which were ex-
changed on the occasion of the last
meeting of the Ministers of the Porte
with the Representatives and the
Commissioners, which were of a na-
ture such as to throw light on the

MOLDAVIA AND WALLACHIA, 1857

vis-à-vis des Gouvernements des Prin-
cipautés. Tous les Commissaires qui
ont assisté á cette séance ayant con-
firmé l’exactitude des citations faites
par Sir Henry Bulwer, on tombe d'ac-
cord que, bien que les Caimacams, sous
le rapport de l’exécution du Firman, ne
soient responsables que vis-à-vis de la
Sublime Porte, la Commission se dé-
clare compétente d'adresser, par l’or-
gane de son Président, aux deux Cai-
macams, soit verbalement soit par cor-
respondance, des observations confi-

dentielles ayant trait au susdit sujet-

Il est entendu que, par ce procédé, la
Commission ne prétend exercer aucun
acte d’autorite, mais seulement un
pouvoir moral, qui prend la forme de
conseil ou d'avis. De plus, il est in-
dispensable que la rédaction des let-
tres, que la Commission adressera á
cet égard aux Caimacams, soit préala-
blement adoptée par tous les Commis-
saires.

Mr. de Liehmann demande “ s’il
est convenu que les Caimacams ne sont
pas obligés à suivre les avis de la Com-
mission.” |

Les autres Commissaires ayant ré-
pondu, que les phrases précédentes
expriment que la Commission ne pré-
tend exercer aucun acte d'autorité,
MM. les Commissaires sont unanimes
à penser que les Caimacams sont libres
de suivre ou non les avis ou les con-
seils que la Commission leur adres-
sera, mais qu'ils resteront toujours
sous la responsabilité de ne pas avoir
tenu compte de l’opinion de la Com-
mission.

767

position of the Commissioners regard-
ing the Governments of the Principal-
ities. All the Commissioners who
were present at this meeting, having
confirmed the accuracy of the citations
made by Sir Henry Bulwer, it was
agreed that, although the Caimacams
were responsible only to the Sublime
Porte, regarding the execution of the
Firman, the Commission declares
itself competent to send confidential
observations concerning the subject
aforesaid, either verbally or in writ-
ing, through its President to the two
Caimacams. It is understood that by
this procedure the Commission makes
no pretence to the exercise of any
act of authority but only moral force
in the form of counsel or advice.
Moreover, it is indispensable that the
text of the letters which the Commis-
sion shall address on this subject to
the Caimacams should be previously
adopted by all the Commissioners.

M. de Liehmann asks “ whether it
is agreed that the Caimacams are not
obliged to follow the advice of the
Commission? ”

The other Commissioners having
answered that the preceding phrases
state that the Commission makes no
pretense of exercising any act of au-
thority, the Commissioners are unan-
imous in thinking that the-Caîmacams
are free to follow or not the advice or
counsel addressed to them by the
Commission, but that they will always
be responsible for not having taken
account of the opinion of the Com-
mission.

768

Mr. de Basily croit de son devoir
d'observer, “que la situation de la
Moldavie est celle-ci: Il y a dans le
pays deux partis, l’un pour l’Union,
l’autre contre l’Union des deux Prin-
cipautés. Le Gouvernement intéri-

maire de Moldavie s’est mis ouverte- .

ment a la téte de ce dernier parti et
veut, par tous les moyens en son pou-
voir, influencer les prochaines élec-
tions dans ce sens. - Il veut hater les
élections, pour se soustraire à tout con-
trole. Le Divan, qui aurait été con-
voqué sous de tels auspices, ne serait
pas l'expression des vœux du pays,
mais l'instrument de l’autorité qui le
convoque. Lattitude, le langage et
les procédés du Prince Vogoridès sont
diamétralement opposés à l'article 24
du Traite du 30 Mars, à l'esprit qui
a présidé aux protocoles du Congrès
de Paris et au sens du Firman de
convocation. M. le Commissaire de
Russie les considère comme attenta-
toires aux droits, que le Congrès a
garantis à la nation moldave, et, en
conséquence, M. de Basily déclare,
qu'à son avis, il ne serait pas con-
forme à la dignité du Congrès, dont la
Commission émane, d’avoir à traiter
avec un Divan qui aurait été con-
voqué sous de tels aupices.

Mr. le Baron de Talleyrand “ ad-
hère complètement à la déclaration de
Mr. de Basily et ajoute, qu'il ne sau-
rait avoir aucune confiance dans le
Gouvernement actuel de Moldavie.
Des faits récents de partialité évi-
dente, les destitutions systématiques,
les promotions illégales faites en vue

DOCUMENTS

M. de Basily believes it his duty to
observe “that the situation of Mol-
davia is this: There are in the coun-
try two parties, one for and one
against the union of the two principal-
ities. The Government ad interim of
Moldavia has openly put itself at the
head of this latter party and wishes to
influence the coming elections to that
end by all the means in its power. It
wishes to hasten the elections in order
to liberate itself from all control.
The Divan, convoked under such

‘auspices, would not be the expression

of the country that you desire, but the
instrument of the authority which
convoked it. The attitude, language
and proceedings of Prince Vogorides
are diametrically opposed to Article
24 of the Treaty of March 30th, to
the spirit which has animated the pro-
tocols of the Congress of Paris and
to the sense of the firman of convoca-
tion. The Russian Commissioner con-
siders them as infringing on the rights
which the Congress has guaranteed
to the Moldavian nation and in con-
sequence, M. de Basily declares that,
in his opinion, it would not conform
with the dignity of the Congress from
which the Commission emanates, to
treat with a Divan which had been
convoked under such auspices.”
Baron de Talleyrand “adheres
absolutely to the declaration of M. de
Basily and adds, that he can have no
confidence in the present Government
of Moldavia. The recent acts of
evident partiality, systematic dismis-
sals, illegal promotions, made in view
of the elections, both in the militia

MOLDAVIA AND WALLACHIA, 1857

des élections dans la milice et dans la
boyarie, les déclarations renouvelées
du Caimacam prouvent suffisamment
à Mr. le Commissaire de France, qu'il
y a parti pris de ne rien changer à un
système déloyal, qui ne tend, depuis le
premier jour de son existence, qu’à
fausser la représentation nationale.”

Mr. le Baron de Richthofen
“adhere de son côté, aux déclarations
de MM. de Basily et de Talleyrand.
Il ajoute encore que, lorsqu'il a parlé
au Caimacam de Moldavie de son pen-
chant pour le parti anti-unioniste, le
Prince Vogorides a justifié sa con-
duite, en alléguant que, pour rétablir
l'équilibre, il devait contrebalancer
l'influence de la France et en relevant
que, comme il en a reçu l’avis le plus
précis, la Turquie, l’Autriche et l’An-
gleterre sont décidées à combattre
l'Union. Le Caimacam, soutient Mr.
de Richthofen, croit de son devoir de
préserver le pays des dangers pouvant
résulter d'une agitation quil con-
sidère comme d'autant plus facheuse
que le but que l'on s’efforce d’attein-
dre— attendu qu'il est condamné
d'avance — lui parait irréalisable. . . .
Le Baron de Richthofen, sans vouloir
entrer dans la discussion de savoir si
le Caimacam est dans le vrai ou non,
croit que, l'état des choses étant tel
qu'il est, on n'arrivera pas à une ex-
pression libre des vœux des popula-
tions relativement à l’organisation fu-
ture des Principautés.

Mr. le Commissaire de Sardaigne
‘adhère complètement aux declara-
tions faites par MM. les Commissaires
de Russie, de France et de Prusse et

769

and in the boyard class, and the re-
peated declarations of the Caimacam
prove sufficiently to the French Com-
missioner that there has been from
the first day of its existence a deter-
mination to make no change in a dis-
loyal system which does not tend to
falsify the national representation.”

Baron de Richthofen ‘ adheres
for his part to the declaration of
Messrs. de Basily and de Talleyrand.
He adds further that when he spoke to
the Caimacam of Moldavia of his pre-
dilection for the anti-unionist party,
Prince Vogorides justified his con-
duct by alleging that, in order to es-
tablish equilibrium, it was necessary
to counterbalance the influence of
France and by setting forth that, as
he had been most credibly informed,
Turkey, Austria and England have
decided to oppose the union. The
Caimacam, M. de Richthofen main-
tains, believes it his duty to preserve
the country from the dangers which
might result from an agitation which
he considers the more deplorable as
the end sought — inasmuch as it is
condemned in advance — appears to
him unrealisible. . . . Baron de Richt-
hofen, without wishing to enter into
discussion as to whether the Caima-
cam is in the right or not, believes that
as affairs are in this condition, a free
expression of the wish of the people
regarding the future organization of
the Principalities cannot be obtained.

The Commissioner of Sardinia
“adheres absolutely to the declaration
made by the Commissioners of Rus-
sia, of France and of Prussia and

770 DOCUMENTS

il expose que, par suite de ce qu'il a
vu et constaté personnellement sur le
systeme d'intimidation et d’illegalite
suivi par l’administration moldave
relativement aux élections et sur la
pression et l’action exercées par les
Agents de certaines Puissances sur le
Caimacam et sur son Gouvernement,
il a également la ferme conviction qu'il
ne serait pas conforme à la dignité des
Puissances représentées dans la Com-
mission d'avoir à traiter avec un Di-
van convoqué sous de tels auspices.”

Vu l’heure avancée, la. discussion
ultérieure sur ce sujet est renvoyée à
la prochaine séance.

(Suivent les signatures des Com-
missaires. )

Protocolul No. 4. Sedinfa din 7
Junie (26 Maiú) 1857.

La Commission reprend la discus-
sion sur les affaires de Moldavie.

Sir Henry Bulwer, “ ayant écouté
avec attention les déclarations des au-
tres Commissaires, se voit dans la
nécessité de déclarer qu'il trouve que,
dans l'intérét de la Commission, aussi
bien que dans celui des Principautés,
on ne devrait pas se faire un jugement
trop prompt, ni exprimer une critique
trop sévère.

“ Des passions égoistes, tant à Bu-
carest qu’à Jassy, s'efforcent dans ce
moment á faire prévaloir leurs in-
térêts privés ou à satisfaire leurs ven-
geances particulières par le moyen de
la Commission. Sir Henry Bulwer a
été à même de constater, que des faits

states that, in consequence of what
he has seen and witnessed personally
as to the system of intimidaiton and
illegality pursued by the Moldavian
administration regarding the election,
and the pressure exercised by the
Agents of certain Powers on the Cai-
macam and on his Government, he is
likewise of the firm conviction that it
would not accord with the dignity of
the Powers represented on the Com-
mission to treat with a Divan con-
voked under such auspices.”

In view of the lateness of the hour,
further discussion on the subject is
postponed to the next session.

(The signatures of the Commis-
sioners follow.)

Protocol No. 4. Session of May
26/June 7, 1857.

The Commission resumes the dis-
cussion of the affairs of Moldavia.

Sir Henry Bulwer “having lis-
tened with attention to the decla-
rations of the other Commissioners.
feels himself under the necessity of
declaring that he finds that in the
interests of the Commission as well
as in that of the Principalities, one
should not form too prompt a judg-
ment, nor express too severe a criti-
cism.

“* Egotistic passions as much at Bu-
charest as at Jassy cause them at this
time to advance their private interests
or to satisfy their personal jealousies
by means of the Commission. Sir
Henry Bulwer is able himself to
maintain that facts recited in this re-

MOLDAVIA AND WALLACHIA, 1857

racontés á l’égard de quelques-uns de
ses propres collègues, de la manière
la plus précise et avec toute l’appar-
ence de l’authenticité, étaient entière-
ment dénués de fondement. Com-
ment ne pas croire que de pareilles his-
toires sont inventées par des individus
et des partis rivaux les uns contre les
autres? Ainsi, croire sans réserve à
ce qu’on nous raconte dans ce pays, ce
serait arriver d'avance à la conclusion
que tous les individus un peu mar-
quants, que tous les partis qui se dis-
putent le pouvoir, sont incapables,
malhonnétes, rompus dans tous les
artifices, accoutumés à toutes les
fraudes qui rendent les hommes in-
dignes des Assemblées législatives et
des fonctions publique. Or,
pourrait-on mettre la main sur la
conscience et déclarer que, soit tous
ces Gouvernements, soit tous leurs
Agents, aient été parfaitement impar-
tiaux? Et si non, devraient-ils, eux,
les Commissaires, se prononcer sans
quelques ménagements à l'égard des
Caimacams, soit de Moldavie soit de
Valachie, dans le cas où ceux-ci n'au-
raient pas fait preuve de toute l’im-
partialité désirable? Sir Henry Bul-
wer pense, en outre, que tout en fai-
sant une juste attention à ce que les
Divans soient régulièrement élus, on
exagère un peu le rôle des dits Di-
vans, et, par la, la portée même de la
question en litige. Que sont en effet
les Divans? Loin d’etre des juges qui
doivent tout décider, ils ne sont pour
les Commissaires que des témoins
amenés sur la scène afin d'éclairer la
Commission. Et comment doit-on

771

gard by some of his colleagues, in the
most precise manner and with all the
appearance of authenticity, were en-
tirely without foundation. How can
one refrain from a belief that such
stories are invented by rival indi-
viduals and parties, the one against
the other? To believe without
reservation everything told you in
this country, would be to arrive in ad-
vance at a conclusion that every in-
dividual a little conspicuous, every
party disputing for power, is in-
capable, dishonest, accustomed to
every artifice, and to every fraud
which render men unworthy of legis-
lative assemblies and public functions.
. . . But could one put one’s hand
on one's conscience and declare, that
either all the Governments or all their
agents had been perfectly impartial?
And if not, ought they, the Com-
missioners, to pronounce without any
caution, with regard to the Caima-
cams, either of Moldavia or of Wal-
lachia, in a case where these had not
given proof of all the impartiality
desired? Sir Henry Bulwer be-
lieves, moreover, that while taking
proper care that the Divan should be
regularly elected, the part of these
Divans is a little exaggerated, and
thus also the extent, even, of the ques-
tion at issue. What in fact are the
Divans? Far from being judges
who should decide all questions, they
are only witnesses brought on the
scene for the sake of the Commis-
sioners, in order to enlighten the
Commission. And how should one
always weigh evidence? According

772

apprécier tout témoignage? Selon sa
réalité, selon sa valeur intrinsèque.
Des Divans cofduits par la volonté
seule de la Porte, des Divans égarés
par des influences étrangères, per-
dront cette autorité morale, qui est le
seul guide des consciences. Ce serait
un malheur, un malheur qu'on devrait
chercher sans doute de prévenir, mais
un malheur dont l'étendue est limitée
par sa cause même. La Commission
donc n’a pas besoin de trop se presser
ni trop s'inquiéter. Qu’elle repousse
des insinuations vagues. . . . Quelle
tolère de certains abus, inséparable de
Ja situation ; qu’elle cherche les moyens
les plus pratiques, afin de faire cesser
d'autres abus plus criants. Qu'elle
ne désespère enfin de rien, quand
même ses efforts bien intentionnés
ne réussissent pas; car on n'est qu’au
commencement d'un grand travail, et
tout n'est pas perdu avant que tout ne
soit fini. Sir H. Bulwer termine ses
observations, en disant que, si la Com-
mission voulait savoir son opinion
franche et sans réserve sur le Gouv-
ernement de la Moldavie, il ne croit
pas ce Gouvernement aussi blamable
qu'on le représente; mais il ne le croit
pas tout-à-fait sans blame. Le Prince
Vogoridès lui parait avoir commis la
meme erreur dans laquelle quelques-
uns des Commissaires sont un peu
disposés à tomber dans le moment ac-
tuel. Ce Prince s’est laissé peut-etre
trop facilement effrayer par certaines
circonstances, comme on peut main-
tenant s'effrayer trop facilement par
d'autres. Il ne faut pas attendre que
tout à coup un age d'or puisse arriver

DOCUMENTS

to its truth, according to its intrinsic
value. Divans conducted solely ac-
cording to the will of the Porte, Di-
vans led astray by foreign influences
would lose this moral authority,
which is the sole guide of conscience.
This would be a misfortune, a mis-
fortune which one should doubtless
seek to prevent but a misfortune
whose extent is limited by its cause.
The Commission need not make too
much haste nor be too much concerned.
Let it reject vague insinuations. . . .
Let it tolerate certain abuses, in-
separable from the situation; let it
seek the most practical means, in or-
der to put an end to the more flagrant
abuses. Finally let them despair of
nothing, even if their well intentioned
efforts should not succeed; for they
are only at the beginning of a great
work and not all is lost till all is over.
Sir Henry Bulwer ends his observa-
tions by saying that, if the Commis-
sion desires to know his frank and
unreserved opinion on the Govern-
ment of Moldavia, he does not think
this Government as blameable as it 1s
represented; but neither does he con-
sider it wholly blameless. Prince
Vogorides appears to him to have
committed the same error that sev-
eral of the Commissioners are a little
disposed to fall into at the present
moment. This Prince has perhaps
allowed himself to be too easily dis-
mayed by certain circumstances, just
as now they themselves are being
too easily dismayed by others. One
should not expect that a golden age
could come into existence all at once

MOLDAVIA AND WALLACHIA, 1857

dans les Principautés et qu'un pays,
quit a toujours été travaillé par des
partis, cesse soudainement de l'étre. Il
y a des partis en Valachie, il y en a en
Moldavie. Le Caimacam de ce der-
nier pays, selon ses propres paroles, a
cru voir une combinaison formidable
entre un parti qui est opposé au sien et
une grande Puissance étrangère. Il
a recu des informations. Il a peut-
être exagéré la nature des faits et s’est
cru justifié de se servir jusqu’à Pex-
tréme, pour sa propre défense et celle
de ses amis et de la Sublime Porte,
de tous les pouvoirs légitimes que sa
position lui accorde. . . .”

Après avoir écouté les réflections
de Mr. le Commissaire brittanique,
Mr. le Baron de Talleyrand dit,
“... Je suis d’autant plus fondé, a
blamer hautement le Caimacam de
Moldavie, que j'ai reçu à plusieurs
reprises de Safvet Effendi les assu-
rances les plus positives, qu'aucun or-
dre, aucun avis secret de la S. P.
n'avait jamais encouragé le Prince
Vogorides à sortir de la ligne de con-
duite impartiale recommandée par le
Congrés de Paris. La responsabilité
des actes du Caimacam lui appartient
donc tout entière.”

Ensuite on tombe d'accord sur la
rédaction de la lettre, qui sera adressée
au Chef du Gouvernement moldave et
qui se trouve annexée au présent pro-
tocole.

En discutant la teneur de la lettre
annexée, la Commission ‘est unanime
á reconnaitre que les listes électorales
en Moldavie ne peuvent étre considé-

773

in the Principalities and that a coun-
try which has always been rent by
parties, should suddenly cease to be so.
There are parties in Wallachia, there
are parties in Moldavia. The Cai-
macam of this latter country, accord-
ing to his own words, has expected to
see a formidable combination between
a party opposed to him and a great
foreign Power. He has received in-
formation. He has perhaps exag-
gerated the nature of the facts and has
thought himself justified in making
use to the limit of the legitimate
powers his position affords him for
his own defence and the defence of
his friends and of the Sublime Porte.”

After listening to the reflections of
the British Commissioner, Baron de
Talleyrand says: “. . . Iamthe more
inclined seriously to blame the Caima-
cam of Moldavia, as 1 have received
repeatedly from Safvet Effendi the
most positive assurances that no order,
no secret opinion of the Sublime Porte
had ever encouraged Prince Vogor-
ides to depart from the impartial line
of conduct recommended by the Con-
gress of Paris. The responsibility
for the acts of the Caimacam rests
entire on himself.”

Whereupon the text of the letter is
agreed on which is to be addressed
to the Head of the Moldavian Gov-
ernment and which is annexed to the
present protocol.

In discussing the meaning of the
letter annexed, the Commission is
unanimous in recognizing that the
electorial lists in Moldavia can only

774

rées comme valablement dressees,
qu'apres que le résultat de l’entente,
dont parle la dite lettre, aura été com-
muniqué au Prince Vogoridès, et, qu'en
conséquence, il sera du devoir de ce
dernier de ne compter le terme des 30
jours accordés par le Firman aux ré-
clamations, que du moment où les
listes rectifiées seront publiées.”

Adresa cátre Caimacamul Princi- .
patului Moldovei.

Par suite d'une delibération qui
vient d’avoir lieu dans le sein de la
Commission internationale, dont j'ai
eu l’honneur de vous annoncer par ma
précédente dépêche la constitution dé-
finitive, je m'empresse de vous faire
part de l’ordre qui m'a été adressé par
la S. P. à la date du 31 Mai— No.
8.— pour votre gouverne.

Quant au résultat de l’entente entre
la Commission et la Caimacam de Va-
lachie au sujet des doutes soulevés
dans l’application du Firman, je ne
manquerai pas de vous en faire part
sous peu. Si cette entente n'a pas pu
s'effectuer jusqu'ici, c'est que la Com-
mission n'a recu que tout récemment
les pouvoirs nécessaires pour y pro-
céder.

A la méme date, le Caimacam de
Valachie a reçu l’ordre de la S. P. de
veiller à la stricte et loyale exécution
du Firman de Convocation. La Com-
mission a lieu de croire que V. E. aura

DOCUMENTS

be considered as compiled in a valid
manner after the results of the
agreement, referred to in the said
letter, shall have been communicated
to Prince Vogorides, and, in conse-
quence, it shall be the duty of the lat-
ter to count the term of 30 days ac-
corded by the Firman for protests, as
beginning only from the moment
when the lists shall have been pub-
lished.”

Address to the Prince Caimacam
of Moldavia.

In consequence of a deliberation
which has just taken place within the
Commisssion, whose final constitution
I had the honor to announce to you in
my preceding dispatch, I make haste
to inform you of the order which has
been addressed to me by the Sublime
Porte on May 31 (No. 8) for your
governance.

As for the results of the under-
standing between the Commission and
the Caimacam of Wallachia on the
subject of the doubts raised in the
application of the Firman, I shall not
fail to inform you of it shortly. If
this understanding has not been possi-
ble to arrive at, it is because the Com-
mission has only recently received the
necessary power for proceeding with
it.

On the same date the Caimacam of
Wallachia received orders from the
Sublime Potte to give strict and loyal
care to the execution of the Firman of
Convocation. The Commission is in

MOLDAVIA AND WALLACHIA, 1857

recu le méme ordre pour sa gouverne.

(Signé:) E. SAFVET.
Bucharest, le 6 Juin 1857.

Protocolul No. 5. Sedinta din 8
Junie (27 Maiú) 1857.

Mr. le Commissaire de Turquie
s'énonce de la manière suivante :

“ D'après l’esprit du Traité de Paris
et la teneur des protocoles, aucune in-
fluence ne devait étre exercée ni en
faveur ni contre une opinion.

“La population des deux Princi-
pautés de Valachie et de Moldavie
devait être laissée à elle-même, pour
exprimer spontanément des vœux sur
l’organisation du pays. A son arrivée
à Bucarest, Safvet Effendi a trouvé
un parti organisé, s'arrogeant le droit
de diriger les esprits dans un sens ex-
clusif, et des comités établis pour fa-
voriser par tous les moyens possibles
la propagation des idées de l’Union
des deux Principautés.

“Quant au parti conservateur,
celui-ci, sous le coup de l'impression
des évènements qui se passèrent en
1848 et voyant se déployer les mêmes
éléments et à la tete du mouvement les
mêmes individus qui ont amené cet
état de choses, . . . Mr. le Commis-
saire ottoman l’a trouvé dans une in-
action complete. . . .

“... Le parti de l’Union, en-
couragé d'un côté par les dispositions
manifestes de quelques grandes Puis-
sances de l’Europe en faveur de son

775

a position to believe that your Ex-
cellency has received the same order
for your governance.
(Signed :) E. SAFVET.
Bucharest, June 6, 1857.

Protocol No. 5. Session of May
27/June 8, 1857.

The Turkish Commissioner gives
his opinion as follows: “ According
to the spirit of the Treaty of Paris
and the tenor of the protocols, no in-
fluence shall be exercised either for
cr against an opinion.

“The people of the two Principal-
ities of Wallachia and of Moldavia
should be left to themselves, in order
to give spontaneous expression of
their wishes as to the organization of
the country. On his arrival at Bu-
charest, Safvet Effendi found a party
organized, claiming the right to di-
rect opinion in an exclusive sense and
committees established to favor ‘in
every way possible the preparation of
the idea of the union of the two
Principalities.

“ As for the Conservative Party,
the Ottoman Commission has found
it absolutely inactive . . ., under the
strength of the impression of the
events of 1848 and seeing the same
elements in play and the same individ-
uals at the head of the movement, who
had directed matters on former oc-
casions. . . .

““. . . The Union Party, encour-
aged on the one hand by the mani-
fest dispositions of several great
powers of Europe in favor of its

776

opinion et s'appuyant de l’autre sur la
sympathie de la presse européenne,
exerce une influence considérable sur
les esprits et en impose au parti con-
traire. . . .”

Mr. le Commissaire de l'Autriche
‘partage et appuie l'opinion de Saf-
vet Effendi, en alléguant qu'il s’est
trouvé en Moldavie simultanément
avec MM. ses collègues de France, de
Prusse et de Sardaigne, et bien que
pendant ce temps il ait été en relations
avec un très grand nombre d'habitants
de ce pays et de toutes les classes, il
peut cependant dire en conscience
qu'aucune plainte ne lui est parvenue
contre le Gouvernement moldave. . . .

“Mr. le Commissaire d'Autriche
croit, par conséquent, ne pouvoir
nullement s'associer à l’avis de MM.
ses collegues de France, de Prusse,
de Russie et de Sardaigne, qu'un Di-
van, pour lequel les élections se ferai-
ent sous les auspices du Gouverne-
ment actuel de Moldavie, n'offrirait
pas les garantis requises pour remplir
le but de son institution.”

La discussion sur les affaires de
Moldavie étant terminée, Mr. de Ba-
sily “demande l’urgence pour l’ad-
mission par la Commission d'une
adresse du Métropolitain de Moldavie
relative aux élections.”

Mr. de Liehmann “ s'oppose à cette
demande.”

Sir Henry Bulwer demande, “ que
la Commission s'occupe avant tout de
la réponse du Caimacam de Valachie,
dont Safvet Effendi, au commence-
ment de la séance, a annoncé la récep-

DOCUMENTS

opinion, and relying, on the other, on
the sympathy of the European press,
exercises a considerable influence on
cpinion and imposes it on the opposite
party. . . .”

The Austrian Commissioner shares
and supports the opinion of Safvet
Effendi, stating that he was in Mol-
davia at the same time as his col-
leagues of France, Prussia and Sar-
dinia, and although during that time
he was in touch with a great number
of inhabitants of the country of all
classes, he could nevertheless con-
scientiously say that no complaint
against the Moldavian Government
had reached him... .

“ The Austrian Commissioner be-
lieves, consequently, that he can not
agree with the opinion of his col-
leagues of France, Russia, Prussia
and Sardinia, that a Divan, for which
elections were held under the auspices
of the present Government of Mol-
davia, would not offer the guarantees
requisite for fulfilling the object of its
institution.”

The discussion on the affairs of
Moldavia being ended, M. de Basıly
“ requests immediate consideration of
the admission by the Commission of
an address of the Metropolitan of
Moldavia regarding the elections.”

M. de Liehmann “is opposed to
the request.”

Sir Henry Bulwer requests, “ that
the Commission first take up
for consideration the answer of the
Caimacam of Wallachia, of which
Safvet Effendi annnounces the receipt

MOLDAVIA AND WALLACHIA, 1857

tion. Le Commissaire britannique
allègue, que le pays attend impatiem-
ment la clóture et la publication des
listes électorales.”

Safvet Effendi ‘ se range de Pavis
de Sir H. Bulwer.”

Apres d'autres observations faites
par tous les Commissaires, on décide,
sur la demande de Mr. de Liehmann,
de discuter d'abord le principe concer-
nant la non-admission des pétitions,
plaintes ou réclamations par la Com-
mission, que Mr. le Commissaire
d'Autriche a mis en avant dans la der-
nière séance.

Mr. de Liehmann expose “ Qu'en
admettant des pétitions, plaintes ou
réclamations, la Commission change-
rait entièrement son caractère primi-
tif et se transformerait, en opposition
manifeste aux dispositions du Traité
de Paris et de l'instruction du Con-
grès, qui lui interdit de la manière la
plus explicite toùt acte d’autorité ou
d'ingérence, en une espèce de tri-
bunal. .

Safvet Effendi ‘ partage l'opinion
de Mr. le Commissaire d'Autriche.”

Mr. de Talleyrand fait remarquer,
“que, d’après le sens et l'esprit du
Traité de Paris, le public avait tout
lieu de supposer qu'il avait le droit
de s'adresser à la Commission. Com-
ment connaitrions-nous, demande-t-il,
les abus de l’état de choses actuel, si
nous n'écoutions pas ceux qui en souf-
frent ... ?”

777

at the beginning of the session. The
British Commissioner alleges that
the country is impatiently awaiting the
closing and the publication of the elec-
toral lists.”

Safvet Effendi “ partakes of the
cpinon of Sir H. Bulwer.”

After other observations had been
made by all the Commissioners, it was
decided, on the request of M. de Lieh-
mann, to discuss first the principle re-
garding the non-admission by the
Commission of petitions, complaints
or claims, a principle which the Aus-
trian Commissioner had brought for-
ward in the last session.

M. de Liehmann states “that in
admitting petitions, complaints and
claims, the Commission would com-
pletely change its original character
and would completely transform
itself, in a manner manifestly con-
trary to the dispositions of the Treaty
of Paris, and to the instructions of
the Congress, which forbade it in the
most explicit manner to exercise any
act of authority or of interference or
any action of a judicial nature. . . .

Safvet Effendi “ shares the opinion
of the Austrian Commissioner.”

M. de Talleyrand remarks “ that
according to the meaning and the
spirit of the Treaty of Paris, the pub-
lic had good reason to suppose that it
had the right to address the Commis-
sion. How, he asked, should we be
aware of the abuses of the present
state of affairs, if you did not listen
to those who are suffering under
them... ?”

778

Sir Henry Bulwer propose “ que
l’on accepte des papiers, quel qu'en
soit le titre, lesquels la Commission
juge propres à l’éclairer sur l’état du
pays, pourvu qu'on informe les per-
sonnes qui communiquent ces papiers,
qu'ils ne sont reçus qu’à titre d'infor-
mation et que la Commission ne peut
exercer aucun acte d'autorité ou d'in-
gérence en contradiction formelle
avec le but de sa mission.”

Les Commissaires de France, de
Prusse, de Russie et de Sardaigne
‘se prononcent pour la proposition de
Sir Henry Bulwer. Ils n'entendent
admettre que des papiers, qui auraient
été jugés propres à éclairer les Com-
missaires. Il n’y a nulle question
d'ériger la Commission en tribunal,
de vérifier, de constater et de redresser
des griefs quelconques; autrement,
demande Mr. de Basily, comment la
Commission entend-elle s’éclairer ?
Ne serait-ce que pour apprécier les
circonstances, dans lesquelles elle croi-
rait devoir exercer la censure, comme
le principe en a été unanimement ad-
mis par la Commission? ”

Pour mieux préciser la manière
dont on se propose de procéder à
l'égard des papiers qui seront adressés
à la Commission, on tombe d’accord,
c'est-à-dire Mr. Liehmann et Safvet
Effendi sous la réserve précitée, sur
la formule ci-annexée d'accuser ré-
ception.

DOCUMENTS

Sir Henry Bulwer proposes “ that
those papers be accepted, whatever
their title, which the Commission
considers of a nature to enlighten
1t as to the state of the country, pro-
vided that the persons, who transmit
these papers, are informed that they
are received only as information and
that the Commission can exercise no
act of authority or of interference in
formal contradiction with the object
of its mission.” . . .

The Commissioners of France,
Prussia, Russia and Sardinia “ pro-
nounce in favor of the proposition of
Sir Henry Bulwer. They agree to
admit only those papers considered
to be of a nature to enlighten the
Commissioners. There is no ques-
tion of erecting the Commission into
a tribunal, nor of verifying, establish-
ing and redressing any grievance
whatever; otherwise, asks M. de
Basily, how does the Commission in-
tend to gain enlightment? Would it
not remain only to consider the cir-
cumstances under which it should ex-
ercise censure, as the principle had
been unanimously admitted by the
Commission? ”

The better to define the form of
procedure proposed with reference to
those papers which may be addressed
to the Convention, it was agreed to
acknowledge their receipt by means of
the formula here annexed, M. de
Liehmann and Safvet Effendi making
the reservation above referred to.

MOLDAVIA AND WALLACHIA, 1857

Anexö.
Formula respunsului cätre peti-
tionari.

Monsieur,

“Tai reçu le document, que vous
venez de m'adresser; mais ce papier
n'est recu par moi qu’à titre d'infor-
mation, puisque la Commission, tout
en désirant s'entourer de tout ce qui
peut éclairer son jugement sur l’état
du pays, doit se prémunir contre tout
acte d'autorité ou d'ingérence, en con-
tradiction formelle avec le but de sa
mission et son caractère consultatif.”

Protocolul No. 6. Sedintele din 11
Junie (30 Maiti). 13 (1), 15 (3),
16 (4) si 17 (5) Junie 1857.

Ensuite lecture est donné de la lettre
et de son annexe (No. 9) que le Cai-
macam de Valachie a adressées à la
Commission et que Safvet Effendi lui
a soumises dans la dernière séance.

Sur la proposition de Mr. de Lieh-
mann, la Commission, jugeant á pro-
pos de se procurer les éclaircisse-
ments désirables sur certaines ques-
tions, décide de prier le Président
d'inviter MM. Arsaki et Georges
Ghica à se présenter á la Commission
dans la séance du 13 (1) Juin.

Lesdits Messieurs ayant fourni des
renseignements, la Commission a con-
sacré les séances du 13 (1), 15 (3),
16 (4) et 17 (5) Juin à l’examen et
a la discussion détaillés de chacune des
propositions du Caimacam de Vala-

779

Ánnex.
Form of Answer to Petitioners.

Sir,

“I have received the document
which you have addressed to me, but
I received this paper only as informa-
tion since the Commission, desiring
to surround itself with all that could
enlighten its judgment as to the state
of the country, must protect itself
against all acts of authority or of in-
terference which are in formal con-
tradiction with the object of its mis-
sion and of its consultative char-
acter.”

Protocol No. 6. Sessions of May
30/June 11, June 1/13; 3/15,
4/16, and 5/17, 1857.

The letter and annex (No. 9) ad-
dressed by the Caimacam of Wal-
lachia to the Commission and submit-
ted by Safvet Effendi at the last ses-
sion was then read... .

On the proposition of M. de Lieh-
mann, the Commission, judging it to
the point to procure explanations as
to certain questions, decides to request
the President to invite MM. Arsaki
and Georges Ghica to present them-
selves to the Commission at the Ses-
sion of June 1/13.

The said gentlemen having given
the information, the Commission de-
voted the sessions of the 1/13, 3/15,
4/16, 5/17 of June to the examination
and detailed discussion of each of the
propositions of the Caimacam of

780

chie. Le résultat de ce travail se
trouve consigné dans les contre-obser-
vations annexées sous forme de mé-
moire et destinées à être commu-
niquées aux deux Caimacams.

Avant que la séance du 17 Juin
soit levée, Mr. le Baron de Rtcht-
hofen soumet à la Commission les
numéros 1 et 2 du Bulletin officiel de
Moldavie en date du 30 et 31 Mai
(v.s.) — Nos. 10 et 11—et fait
remarquer, “qu'il résulte de Pune
et de l’autre de ces deux pieces
que le Caimacam de Moldavie a of-
ficiellement publié la liste électorale
du clergé et celle des grands pro-
priétaires. Mr. le Commissaire de
Prusse constate ainsi, que le Prince
Vogorides a procédé aux opérations

“ électorales, sans avoir attendu la so-

lution des doutes soulevés par le Cai-
macam de Valachie sur l'interpréta-
tion du Firman de convocation, . . .

Protocolul No. 9. Sedintele din 2
Julie (20 Junie) si 3 Julie (21
Junie) 1857.1

Mr. le Baron de Richthofen, de
son côté, soumet à la Commission une
réclamation de Mr. Ráducan Rosetti
contre son exclusion des listes élec-
torales. (No. 21.)

Ensuite, Mr. de Basily réclame
pour la 3-ème fois, et de nouveau à
titre de simple information, d'urgence,
la lecture d'une adresse envoyée a la
Commission par le Metropolitain de
Moldavie. “ C'est à la conférence du
8 Juin (27 Mai), dit Mr. le Commis-

DOCUMENTS

Wallachia. The result of this work
will be found embodied in the counter
observations annexed in the form of
a memoir and intended to be commu-
nicated to the two Caimacams.
Before the session of June 17th
was closed, Baron de Richthofen
presented to the Commission numbers
1 and 2 of the Bulletin Officiel de Mol-
davie, dated May 30 and 31 (o. s.)—
Nos. 10 and 11 — and pointed out
“that it.results from each of these
two documents that the Caimacam of
Moldavia has officially published the
electoral list of the clergy and that of
the large proprietors. The Prussian
Commissioner, therefore, maintains
that Prince Vogorides has proceeded
with the electoral operations, without
having awaited the solution of the
questions raised by the Caimacam of
Wallachia as to the interpretation of
the Firman of Convocation, . . .

Protocol No. 9. Session of June
20/July 2, and June 21/July
3, 1857.

Baron de Richthofen, on his part,
submits to the Commission a pro-
test of Mr. Raducan Rosetti against
his exclusion from the electorial lists.
(No. 21)

Thereupon, M. de Basily urges for
the third time, and again under the
head of simple information, immedi-
ate consideration for the reading of
an address sent to the Commission by
the Metropolitan of Moldavia. “ It
was at the Conference of June 8,”

1 M. de Liehmann is elected by lot to serve as president for the coming month.

MOLDAVIA AND WALLACHIA, 1857 781

saire de Russie, que j'ai eu l’honneur
de la soumettre à la Commission. Je
regrette que nous ayons laissé
s'écouler près d'un mois, sans prendre
connaissance de cet important docu-
ment. Dans cet intervalle, les choses
se sont aggravées en Moldavie et j'ai
la conviction que les complications que
je signale ne se seraient pas présentées,
si nous avions pris à temps connais-
sance de ce document. Je déclare
l'avoir lu avec attention; il a trait à
des questions qui doivent nous pré-
occuper ; il émane du Chef de l'Eglise
moldave, qui doit non seulement pré-
sider le Divan, mais aussi, comme
chef diocésain, procéder à la convoca-
tion d'une classe d'électeurs.”

L’urgence réclamée par Mr. de
Basily ayant été votée, lecture est
donnée de l’adresse du Métropolitain
de Moldavie.

Protocolul No. 11. Sedintele din 10
Julie (28 Junie) si 13 (1)
Julie 1857.

Présents: Le Commissaire d'Au-
triche (President), de France, . . .

Mr. de Liehmann expose, “que
jusqu’à l'heure qu’il est, quatre péti-
tions ont été soumises á la Commis-
sion, contenant toutes des plaintes
contre le Gouvernement actuel de Mol-
davie et relatives aux élections pour le
Divan ad-hoc; et nommement:

“1. Une pétition du Métropolitain

(May 27), said the Russian Commis-
sioner, “ that I had the honor of sub-
mitting it to the Commission. I re-
gret that we have allowed nearly a
month to go by without taking cog-
nizance of this important document.
In this interval matters have become
worse in Moldavia, and I am con-
vinced that the complications to which
I refer would not have arisen, if we
had taken cognizance of this docu-
ment in time. I dec/are that I have
read it with attention; it treats of the
questions which should occupy us; it
is issued by the Head of the Mol-
davian Church who should not only
preside over the Divan, but also, as
Chief Diocesan, should proceed to the
convocation of one class of electors.”

The immediate consideration
claimed by M. de Basily having been
voted, the address of the Metropoli-
tan of Moldavia was read.

Protocol No. 11. June 28/July 10
and July 1/13, 1857.

Present: The Commissioners of
Austria, (presiding) of France.

M. de Liehmann states “ that up to
the present moment four petitions
have been presented to the Commis-
sion containing all the complaints
against the present Government of
Moldavia, and relating to the elections
for the Divan ad hoc; namely:

“1. A petition from the Metropoli-

782

de Moldavie en date du 19 Mai 1857.

“2. Une pétition signée par plu-
sieurs membres du clergé moldave et
par beaucoup d'autres habitants de
cette Principauté, portant la date du
20 Juin 1857.

“3. Une pétition signée par un cer-
tain nombre d'habitants de cette Prin-
cipauté, daté du 22 Avril (9 Mai)
1857 ; et enfin.

“4. Une pétition du Logothète Rá-
ducan Rosetti, datée de Bacáú (20
Juin) 1857.

“ Passant à la pétition No. 2, Mr.
de Liehmann fait observer comme
aussi á la pétition No. 3, qu'il ne peut
énoncer que l'impression generale
qu'elles ont produite sur lui, attendu
qu'il n'a aucun moyen pour vérifier
les faits nombreux qui y sont allégués.

“Quant à la pétition No. 2, con-
tinue Mr. de Liehmann, les signatures
qui s’y trouvent apposées sont divisées
en trois catégories distinctes, à savoir :

“a) En celle des inscrits dans les
listes électorales, mais réclamant
néanmoins contre la confection de ces

listes et déclarant ne voulant point

participer aux élections;

“b) En celle des exclus des listes
électorales et croyant avoir droit d’y
etre portés ; enfin

‘“c) Celle des ayants-droits à par-
ticiper aux élections conformément au
Statut Organique et exclus par le Fir-
man. . ..

Mr. de Liehmann croit, en outre,
devoir faire observer que les signa-
taires de la pétition mentionnée s’arro-
gent le droit de se plaindre et de pro-

DOCUMENTS

tan of Moldavia, dated May 19, 1857.

“2. A petition signed by several
members of the Moldavian clergy and
by many other inhabitants of this
Principality, under the date of June
20, 1857.

“3. A petition signed by a certain
number of inhabitants of the Princi-
pality, dated April 22/May 9, 1857,
and finally

“4. A petition of the Logothéte
Raducan Rosetti, dated at Bacau
June 8/20, 1857.

“ Passing to petition No. 2, M. de
Liehmann observed that, as in petition
No. 3, he could only state the impres-
sion this had produced on him, as he
had no other means of verifying the
numerous facts alleged.

“As for petition No. 2, continued
Mr. de Liehmann, the signatures
which are affixed are divided in three
distinct categories, that is to say :

“ a. Those entered on the electoral
lists, but protesting against the com-
pilation of these lists and declaring
that they did not wish to have any
part in the elections;

“b. Those excluded from the elec-
toral lists and believing that they had
the right to be included; finally,

“c. Those entitled to participate in
its election according to the Organic
Statute and excluded by the Fir-
man. ...

“Mr. de Liehmann believes, more-
over, that he ought to point out that
the Signatories to the petition men-
tioned claim the right to make com-

MOLDAVIA AND WALLACHIA, 1857

tester contre les procédés du Gou-
vernement moldave au nom du peuple
moldave, circonstance qui rappelle
trop les écrits de cette nature parus en
1848 et à d’autres époques de boule-
versements et de troubles, pour avoir
besoin d’être qualifiée.

“A la pétition No. 3, en revanche,
relève Mr. de Liehmann, se trouvent
annexées, comme pièces d'appui, un
grand nombre de copies de lettres par-
ticulières, de correspondances offi-
cielles, de dépèches télégraphiques et
même de lettres d'office échangées en-
tre des Evéques et des administrateurs
ecclésiastiques, pièces qui, évidem-
ment, ne peuvent étre tombées, si leurs
copies sont exactes, que par les moyens
les plus illicites et les plus répréhensi-
bles entre les mains de leurs posses-
seurs, pièces qui, en outre, démontrent
à l’evidence que le parti qui, en Mol-
davie, se décore du titre pompeux de
national, n'a pas hésité a organiser,
au détriment de la morale publique,
tout un système de soustraction
d'écrits. . . .”

A la suite de cet exposé, Mr.
le Commissaire d'Autriche énonce
l'avis que les pièces ci-dessus men-
tionées, soumises à la Commission ne
sont non plus de nature à pouvoi
baser sur leur contenu une censure
quelconque à adresser par la Commis-
sion au Caimacam de Moldavie, et en-
core moins à justifier l'opinion itéra-
tivement émise par MM. les Commis-
saires de France, de Prusse, de Russie
et de Sardaigne, que la Commission ne
pourra se mettre en rapport avec un

783

plaint and to protest against the pro-
ceedings of the Moldavian Govern-
ment in the name of the Moldavian
people, a circumstance which recalls
too well the writings of this nature
which appeared in 1348 and at other
periods of upheaval and trouble, to
need any qualification.

“ Returning again to petition No.
3.” Mr. de Liehmann said “ that
there were annexed as supplementary
documents, a great number of copies
of personal letters, official correspond-
ence, telegraphic dispatches and even
official letters exchanged between the
Bishops and ecclesiastical administra-
tors, documents which evidently could
only have fallen into the hands of
their possessors, if the copies are ex-
act, by most illicit and reprehensible
means, documents, which, moreover,
give evidence that the party which,
in Moldavia, decks itself with the
pompous title of “ National,” has not
hesitated to organize a system for the
theft of documents to the detriment
of the public morale.” . . .

At the end of this argument the
Austrian Commissioner expresses the
opinion that the above mentioned doc-
uments submitted to the Commission
are neither of a nature to allow of a
censure of any kind to be based on
their contents, to be sent by the Com-
mission to the Caimacam of Moldavia,
and still less to justify the opinion re-
peatedly expressed by the Commis-
sioners of France, Prussia, Russia,
and Sardinia, that the Commission
can not establish any relations with a

784

Divan ad hoc en Moldavie convoqué
sous les auspices du Gouvernement
actuel de cette Principauté.”

Protocolul No. 12. Sedinta din 22
(10) Julie 1857.

Mr. le Baron de Talleyrand émet
l'avis suivant:

“ L'étude des papiers, que Mr. de
Liehmann a analysés, m'a conduit à
une conclusion directement opposée a
la sienne. Je me fais un devoir de
relever les faits suivants, qui me pa-
raissent plus particulièrement dignes
de l’attention de mes collègues :

“ L'interprétation des prescriptions
du Firman à l'égard du Séminaire de
Socola, telle que la comprend Mr. de
Liehmann, produirait la singulière
anomalie d’exclure des élections du
clergé des prêtres revetus de hautes
dignités et remplissant de doubles
fonctions tant à la Métropole qu'à
l'établissement supérieur d'enseigne-
ment ecclésiastique. Si, par analogie,
le même principe était appliqué en
Valachie, à Curtea-d'Arges, par ex-
emple, nous verrions l’Eveque prendre
seul rang comme député de droit, tan-
dis qu'aucun des dignataires attachés
à la Métropole ne pourrait faire par-
tie du corps électoral ecclésiastique.
L'église, le palais épiscopal, les bati-
ments habités par les fonctionnaires
métropolitains, sont en dehors de la
ville; par conséquent les trois paroisses
insignifiantes qu'elle renferme pren-
draient seules part aux élections,
lorsque tous les prêtres exerçant des

DOCUMENTS

Divan ad hoc in Moldavia convoked
under the auspices of the present Gov-
ernment of the Principality.”

Protocol No. 12 — Session of July
10/22, 1857.

Baron de Talleyrand expresses the
following opinion:

“ The study of the papers which M.
de Liehmann has analyzed, has led
me to a conclusion directly opposite
to his. 1 feel it my duty to relate
the following facts; which appear to
me more particularly worthy of the
attention of my colleagues.

“ The interpretation of the pre-
scriptions of the Firman regarding
the Seminary of Socola, as Mr. de
Liehmann understands it, would pro-
duce the singular anomaly of exclud-
ing from the elections of the clergy
those priests clothed with high digni-
ties, and filling the double functions
both in the Metropolis and in the
chief establishment for ecclesiastical
education. If, by analogy, the same
principle were applied in Wallachia,
to Curtea-d'Arges, for example, we
should see only the Bishop take rank
as deputy of right, while none of the
dignitaries attached to the Metropolis
could form part of the ecclesiastical
electorate. The church, the episcopal
palace, the buildings inhabited by the
metropolitan officials are outside the
town; consequently the three insignifi-
cant parishes which they enclose
would alone take part in the elections,
while all the priests exercising dioce-

MOLDAVIA AND WALLACHIA, 1857

fonctions diocésaines s'en trouveraient
éliminés. N'ai-je pas, continue Mr.
de Talleyrand, quelque droit de
m’étonner de voir en Moldavie la let-
tre du Firman si pieusement respectée,
lorsqu'elle exclut 1'Archimandrite
Scriban, dont le mérite éminent et la
juste popularité ne sauraient être con-
testés, et si audacieusement violée, lors-
qu’elle ouvre le scrutin aux électeurs
soupçonnés de sympathies unionistes ?
Le refus d'admission pour cause d’hy-
pothèque et bien d’autres faits, que je
pourrais alléguer, sont là pour en
faire foi. Il m'est impossible, en
outre, de passer sous silence que le
Metropolitain se plaint avec fonde-
ment des atteintes portées á ses droits
archiépiscopaux et des procédés per-
sonnels du Caimacam et de ses Mi-
nistres. En lisant les pièces officielles
annexées à la protestation du Prélat,
il faut reconnaître pour le moins que
le Chef de l'Eglise moldave, Prési-
dent du futur Divan, avait droit, sans
doute, à plus d'égards. N’est-on
pas alors porté à se demander, où aura
été poussé l’oubli des convenances et
du respect de la liberté dans des pro-
cédés, qui ne laissent pas de traces
écrites? Et la conduite tenue vis-à-
vis d'un aussi haut personnage ne
donne-t-elle pas la mesure de ce que
le Gouvernement a dú se permettre à
l'égard d'individus, que leur obscurité
jetait dans sa dépendance? Je tiens,
ajoute Mr. le Commissaire de France,
à constater en dernier lieu que Mr.
de Liehmann n'a contesté aucun des
faits avances dans les deux protesta-
tions moldaves. Il s'est contenté de

785

san functions would find themselves
eliminated. Have 1 not some right,
continued M. de Talleyrand, to be
astonished at seeing the letter of the
Firman so piously respected in Mol-
davia, where it excludes the Archi-
mandrite Scriban, whose merit and
just popularity can not be denied, and
so audaciously violated when it opens
the vote to electors suspected of
unionist sympathies? Refusal of ad-
mission for a hypothetical cause and
many other facts that I could cite are
there to attest it. Moreover, it is im-
possible for me to keep silence as to
the fact that the Metropolitan com-
plains with good ground that attacks
have been made on his archiepiscopal
rights and the personal acts of the
Caimacam and his Ministers. In
reading the official documents an-
nexed to the protest of the Prelate one
must recognize that the head of the
Moldavian Church, President of the
future Divan, had undoubtedly the
right to more consideration. Is one
not then led to ask how far forgetful-
ness of the proprieties and respect for
liberty may be pushed in proceedings
which have no written records? And
does not the conduct pursued towards
a high personage give the measure of
that which the Government would
permit itself towards those individu-
als whose obscurity throws them on
its support? I insist, adds the French
Commissioner, on maintaining, final-
ly, that Mr. de Liehmann has not con-
tested any of the facts brought out in
the two Moldavian protests. He has
contented himself with saying that

786

dire que la source dont elles émanaient
et que l'immoralité des moyens em-
ployés par les signataires pour fournir
des preuves à l'appui de leurs asser-
tions Otaient à ses yeux toute valeur
et tout caractère d'authenticité à de
semblables informations. Puis, rele-
vant que ces deux protestations et que
la plupart des pièces envoyées par le
Métropolitain étaient d'une seule et
meme écriture, il a établi une sorte
de solidarité entre Son Eminence et
les signataires des adresses. Je la lui
oppose à mon tour, comme justifiant
hautement un parti, qui comprend
tant d'hommes honorables du blame,
qu'il n’a pas craint de jeter indistincte-
ment sur tous ses membres. Il
n'était pas besoin de chercher cette
solidarité dans la plume d’un copiste
salarié ; elle existe dans la conformité
de sentiments, dans la communauté de
persécutions, dans l’égale réprobation
que les actes du Caimacam ont sou-
lévée chez le Métropolitain et chez les
signataires des deux protestations.”

Ensuite, Mr. de Basily s'énonce
ainsi qu'il suit:

“La Commission sait déjà, par ma
déclaration au 9-éme protocole, qu'il
m'est impossible de partager l’avis, que
Mr. le Commissaire d'Autriche a émis
en dernier lieu à l'égard de l'adresse
du Métropolitain de Moldavie. . . .”

Mr. le Baron de Richthofen ad-
here à l’opinion émise par Mr. le
Baron de Talleyrand et Mr. de Basily
et ajoute ce qui suit:

“Mr. le Commissaire d'Autriche
dit que les pétitions des Moldaves

DOCUMENTS

the source from which they came and
the immorality of the means employed
by the signatories to furnish proof
and support for their assertions re-
moved any validity and authentic
character from such information.
Then, reciting that these two protests
and the majority of the documents
sent by the Metropolitan were in one
and the same handwriting, he has es-
tablished a sort of bond between His
Eminence and the signers of the ad-
dresses. I maintain on the contrary
that this completely exonerates from
all blame a party which is composed
of so many honorable men that it has
had no fear of casting it indiscrimi-
nately on all its members. There is
no need of seeking for this bond in
the pen of a salaried copyist; it exists
in the uniformity of sentiments, in
the community of suffering under per-
secutions, in the equal reprobation
which the acts of the Caimacam have
inspired both in the Metropolitan and
in the signers of the two protests.”

M. de Basily thereupon made the
following announcement:

“ The Commission already knows
through my declaration in the 9th Pro-
tocol, that it is impossible for me to
agree with the opinion expressed at
the last session by the Austrian Com-
missioner regarding the address of
the Metropolitan of Moldavia... .”

Baron de Richthofen adheres to
the opinion expressed by Baron de
Talleyrand and M. de Basily and adds
the following:

“ The Austrian Commissioner says
that Nos. 2 and 3 of the Moldavian

MOLDAVIA AND WALLACHIA, 1857

No. 2 et No. 3 n'ont pas de valeur,
attendu qu'elles se basent sur des
papiers qui ont été soustraits. Mr.
de Liehmann s’est dispensé d'ex-
aminer la valeur intrinsèque de ces
documents, par ce qu'il les considère
comme tombés par un moyen si bla-
mable entre les mains des auteurs des
dites pétitions.

“ Mr. le Commissaire de Prusse
ignore complètement, si la supposition
de Mr. le Commissaire d'Autriche est
fondée; mais il partage entièrement
son opinion, que la soustraction de
papiers est toujours une violation re-
grettable de la loi morale. Cepen-
dant, Mr. de Richthofen ne comprend
pas pourquoi l’indignation de Mr. de
Liehmann s’est arrêtée là. Celle du
Commissaire de Prusse va beaucoup
plus loin. Il regrette, avant tout, que
sous le voile du secret, qui vient d’être
levé, on puisse constater des influences
occultes, des manœuvres et des en-
couragements, ayant pour but de dé-
jouer et de fausser les dispositions du
Traité de Paris et du Firman impérial,
ainsi que la recommandation d’une
conduite, que le Commissaire de
Prusse est peiné de devoir considérer
comme parfaitement illégale, déloyale
et, certes, sous le rapport de la mora-
lité, non moins blamable qu'une sous-
traction de papiers. Selon lui, la re-
sponsabilité doit incomber surtout aux
manœuvres provocatrices. Comme
Mr. de Liehmann — conclut Mr. de
Richthofen — n'a envisagé que la
forme des pétitions No. 2 et No. 3 et
n’a pas examiné leur contenu, la con-
clusion à laquelle il arrive ne lui parait

787

petitions are without value as they
are based on papers which have been
stolen. M. de Liehmann has dis-
pensed with any examination of the
intrinsic value of these documents, be-
cause he considers that they have
fallen into the hands of the authors
of the said petitions by such censur-
able means.

“ The Prussian Commissioner is
absolutely ignorant as to whether the
supposition of the Austrian Commis-
sioner is well founded; but he wholly
agrees with his opinion that the pur-
loining of papers is always a regret-
table violation of moral law. How-
ever, Mr. de Richthofen does not un-
derstand why the indignation of Mr.
de Liehmann has stopped at that point.
That of the Prussian Commissioner
goes much farther. He regrets above
all, that under the veil of secrecy
which has just been raised, it was
possible to maintain occult influences
as well as machinations and stimuli,
having for object the frustration and
falsification of the provisions of the
treaty of Paris and of the Imperial
Firman, as well as the recommending
of a line of conduct which the Prus-
sian Commissioner is sorry to con-
sider as absolutely illegal, disloyal,
and certainly, as regards morality, no
less censurable than the stealing of
papers. According to him the re-
sponsibility should belong above all to
the provocative machinations. As
Mr. de Liehmann concludes, Mr. de
Richthofen has only considered the
form of petitions Nos. 2 and 3 and
has not examined their contents, the

788

pas de nature á invalider la valeur de
ces documents.”

MM. les Commissaires de France
et de Russie “ s’associent a ces obser-
vations de Mr. le Baron de Richt-

hofen.”

Protocolul No. 13. Sedinta din 29
(17) Julie 1857.

Sir HENRY BULWER s'énonce ainsi
qu’il suit: . . . “Une censure for-
melle, en effet, contre le Prince Cai-
macam de Moldavie ne peut étre basée
que sur trois considérations :

“1. A-t-il bien interprété le Firman
de la Porte?

‘2. A-t-il bien exécuté le Firman,
selon l’interprétation qu'il a donnée
lui-méme à ce document?

#3. A-t-il voué l’attention due a
la communication de la Porte datée
du 31 Mai et qui lui a été transmise
par la voie de notre Président?

“Quant à l'interprétation du Fir-
man, il est évident que nous croyons
tous que son interprétation n'est pas
la meilleure, puisque la nótre n'est pas
la méme. Mais avons-nous le droit
d'interpréter le Firman pour le Prince
Vogorides? Nous avons nous-mémes
reconnu n'avoir aucun droit d'expli-
quer ce décret, quand nous avons
référé les doutes du Prince Ghica à
la Porte et aux Représentants. . . .

“ Pour blámer le Prince Vogoridés
sur son interprétation du Firman, il

DOCUMENTS

conclusion at which he arrives does
not appear to him to be of a nature to
invalidate the value of the docu-
ments.”

The French and Russian Commis-
stoners “ agree with the observations
of Baron de Richthofen.”

Protocol No. 13. Session of July
17/29, 1857.

Sir HENRY BULWER makes the fol-
lowing statement of his position. . . .
“A formal censure of the Prince Cai-
macam of Moldavia can be based at
present on only three considerations:

“1. Has he properly interpreted
the Firman of the Porte?

‘2. Has he properly executed the
Firman, according to his own inter-
pretation of this document?

“3. Has he devoted due attention
to the communication of the Porte
dated May 31 and transmitted to him
through our President?

“As for the interpretation of the
Firman, it is evident that we are all
of the opinion that his interpretation
is not the best since it is not the same
as ours. But have we the right to in-
terpret the Firman for Prince Vogo-
rides? We ourselves recognized that
we had only the right to explain this
decree, when we referred the doubt-
ful points raised by Prince Ghica to
the Porte and to the Representa-
tives. . . .

“To blame Prince Vogorides for
his interpretation of the Firman, one

MOLDAVIA AND WALLACHIA, 1857

faut avoir quelque droit, quelqu'au-
torité, et je ne saurais dans ce mo-
ment affirmer qu'un tel droit, une telle
autorité nous appartiennent. . . .

“Les idées de mes collègues peu-
vent éclairer mon jugement, et avant
de les connaitre, je ne veux pas émet-
tre une opinion définitive.

‘ Mais il me semble que la conduite
la plus pratique et la plus propre á
éclairer notre situation sans nous
compromettre serait de signaler, dans
notre protocole, qui pourrait étre en-
voyé sans délai à Constantinople et à
tous les Cabinets:

‘1. Les points principaux dans le
Firman, qui ont été différemment in-
terprétés dans les deux Principautés,
tout en expliquant les motifs qui nous
ont guidés dans notre interprétation.

“2. Une déclaration portant,
qu'après avoir lu une grande quantité
de documents, dont l'intention a été
d’inculper le Gouvernement du Prince
Vogoridès, nous sommes d'avis que
ces documents méritent l’attention de
nos Gouvernements respectifs, ainsi
que celle du Gouvernement de la
Porte, mais que nous nous abstenons
de prononcer une opinion quelconque
sur une affaire, qui ne peut que nous
être imparfaitement connue, vu que
nous ne sommes pas dans la position,
ni de confronter des témoins, ni d'en-
trer pratiquement dans des détails.

Mr. le Baron de Talleyrand “ ré-
clame l’urgence pour une communica-

tion, qu'il a à faire à la Commission.”

L'urgence ayant été votée, Mr. le

789

must have some right, some authority,
and I can not at this moment affirm
that such a right or authority belongs
tous...

“ The ideas of my colleagues may
enlighten my judgment and before as-
certaining them, I do not wish to ex-
press my final opinion.

“ But it appears to me that the most
practical and the best way by which
to throw light on our situation, with-
out compromising ourselves, is to
point out in our protocol, which could
be sent, without delay, to Constanti-
nople and to all the Cabinets:

“1. The principal points in the
Firman, which have been differently
interpreted in the two Principalities,
explaining the reasons which have
guided us in our interpretation.

“2. A declaration reciting that
after having read a great quantity of
documents, the aim of which has been
to inculpate the Government of Prince
Vogorides, we are of the opinion that
these documents deserve the attention
of our respective Governments as well
as that of the Government of the
Porte, but that we abstain from pro-
rouncing any opinion whatever on an
affair which can be only imperfectly
known to us as we are not in the posi-
tion either of comparing evidence or
of entering into details in a practical
manner.

Baron de Talleyrand “ requests im-
mediate consideration for a communi-
cation which he has to make to the
Commission.”

Immediate consideration having

790

Commissaire de France s'énonce ainsi
qu'il suit: “ Les mesures prépara-
toires aux élections de la Moldavie ont
motivé de ma part un vote de méfiance,
dans la séance que la Commission a
tenue le 3 Juin (22 Mai) dernier.
J'y déclarai qu'il ne serait pas con-
forme á la dignité du Congrés, dont
nous émanions, d'entrer en rapports
avec le Divan moldave, qui allait être
convoqué sous de tels auspices.

“Je me réfère aujourd'hui à tout
ce que j'ai consigné depuis dans les
protocoles suivants, tant pour signaler
les abus et les illégalités flagrantés qui
s'accomplissaient en Moldavie, que
pour engager la Commission a rap-
peler le Prince Vogorides au respect
du Traité et aux prescriptions du Fir-
man.

“Mes efforts, ainsi que ceux de mes
collegues de Prusse, de Russie et de
Sardaigne, n'ont eu aucun succès.
Les élections de Moldavie sont ter-
minées depuis trois jours dans toute
la Principauté.

‘ Faites par des moyens illégitimes,
elles ne peuvent être considérées au-
jourd'hui que comme dérisoires, puis-
que la clause du Traité du 30 Mars, à
laquelle les populations des Princi-
pautés devaient attacher le plus de
valeur, n’a point été exécutée.

“Sur l'ordre du Gouvernement de
l'Empereur, je viens protester for-
mellement contre ces élections, que je
déclare frappées de nullité.

“Par conséquent, je m'opposerai à
tout rapport de la Commission avec

DOCUMENTS

been voted, the French Commissioner
makes the following declaration:
“ The measures preparatory to the
election in Moldavia have inspired
from me a vote of lack of confidence
at the session of the Commission on
May 22 (June 3) last. I declared
then that 1t would not be consonant
with the dignity of the Congress
which we represent, to enter into re-
lations with the Moldavian Divan,
which was about to be convoked under
such auspices.

‘I refer today to that which I have
deposited since then in the subsequent
protocols, as much to point out the
abuses and flagrant illegalities which
are going on in Moldavia as to induce
the Commission to recall Prince Vo-
gorides to a respect for the Treaty and
the provisions of the Firman.

“My efforts, as well as those of
my colleagues of Prussia, Russia and
Sardinia, have had no success. The
Moldavian elections were ended three
days ago throughout the Principality.

‘“Conducted by illegal methods,
they can not be considered to-day in
any way except as farcical, since the
clause of the Treaty of March 30, to
which the populations of the Princi-
palities should have attached the most
importance, have not been executed.

“By order of the Government of
the Emperor, I now protest formally
against the elections, which I declare
to be null and void.

“ Consequently I oppose any rela-
tions of the Commission with the As-

MOLDAVIA AND WALLACHIA, 1857 -

l’Assemblée qui pourra être convoquée
à la suite de ces dites élections, puis-
que je ne saurais reconnaître à cette
Assemblée le caractère d’un Divan ad-
hoc tel que le Traité de Paris et le
Firman impérial ont voulu le consti-
tuer.”

MM. les Commissaires de Prusse,
de Russie, et de Sardaigne, “en se
référant à leurs déclarations anté-
rieures, s'associent au nom des Cabi-
nets respectifs, à la protestation ci-
dessus de Mr. le Commissaire de
France.”

Protocolul No. 14. Sedinta din 3
August (22 Iulie) 1857.

Mr. le Commissaire d'Autriche ex-
pose: |

“Dans la derniére séance de la
Commission, du 29 du mois passé,
Mr. le Baron de Talleyrand a protesté
contre les élections faites en Moldavie,
. . . qu'il s’opposera à tout rapport
de la Commission avec un Divan ad-
hoc qui pourra être convoqué à la
suite des dites élections.

“MM. les Commissaires de Prusse,
de Russie et de Sardaigne se sont as-
sociés à cette protestation et à la dé-
claration ci-dessus.

“Or, continue Mr. de Liehmann, le
Traité de Paris du 30 Mars 1856 et
l'instruction du Congrès de Paris, qui
- se trouve annexée au 22-éme proto-
cole, déterminent avec précision la
tache qui a été dévolue à la Commis-
sion et déterminent de la manière la
plus explicite ses attributions.

791

sembly which could be convoked in
consequence of these said elections,
since I can not recognize in this As-
sembly the character of a Divan ad
hoc such as the Treaty of Paris and
the Imperial Firman have aimed to

. establish.”

The Prussian, Russian and Sar-
dinian Commissioners “‘ referring to
their former declarations, concur in
the name of their respective Cabinets,
in the above protest of the French
Commissioner.” . . .

Protocol No. 14. Session of July
22/ August 3, 1857.

The Commissioner of Austria
states:

“ In the last session of the Commis-
sion, on the 29th of the past month,
Baron de Talleyrand protested against
the elections held in Moldavia... .
and said “that he would oppose any re-
lations by the Commission with a Di-
van ad hoc, which might be convened
as a tonsequence of the said elections.

“ The Commissioners of Prussia,
Russia and Sardinia joined in the pro-
test and in the above declaration.

“ But, continues Mr. de Liehmann,
the Treaty of Paris of March 30,
1856, and the instructions of the Con-
gress of Paris, which are annexed to
the 22nd Protocol, define with pre-
cision the task which has devolved
upon the Commission and determines
its power in the most explicit manner.

792

“ Conformément á Part. 24 du dit
Traité, la tàche de cette Commission
n'est une autre que: “celle de s'en-
quérir de l’état actuel des Princi-
pautés et de proposer les bases de leur
future organisation.’

‘“ L'instruction du Congrés déve- |

loppe cette disposition, en statuant:
que les questions soumises à l’étude de
la Commission embrasseront le sys-
téme administratif dans la plus com-
plète expression. Cette instruction
n'attribue d’ailleurs à la Commission
que le caractére consultatif et lui dé-
fend, de plus, expressément tout acte
d'autorité ou d'ingérence.

“ Considérant que la protestation de
MM. les Commissaires ci-dessus men-
tionnés sort évidemment du cercle des
attributions de la Commission, claire-
ment circonscrites par le passage de
l’art 24 du Traité cité plus haut:

“ Considérant qu’elle a évidemment
trait à des questions, qui ne font nulle-
ment partie du système administratif
des Principautés ; i

‘ Considérant qu'elle intervertit
complètement la caractère purement
consultatif de la Commission;

“* Considérant enfin qu'elle est évi-
demment un acte d'autorité et d'ingé-
rence;

“Mr. Liehmann déclare, que MM.
les Commissaires de France, de
Prusse, de Russie et de Sardaigne ont,
en donnant au protocole la protesta-
tion en question, agi en contradiction
manifeste avec les dispositions pré-
citées du Traite de Paris et les instruc-
tions du Congrés, et cela à d'autant
plus forte raison que, conformément

DOCUMENTS

“In conformity with Article 24 of
the said Treaty, the task of the Com-
mission is no other than ‘ that of in-
cuiring into the present state of the
Principalities and of proposing bases
for their future organization.’

“ The instructions of the Congress
develop this provision by stating that
the questions submitted for the study
of the Commission shall embrace the
administrative system in all its details.
These instructions attribute beyond .
this to the Commission only a con-
sultative character, and moreover, for-
bid to it all acts of authority or of in-
terference.

“Considering that the protest of
the Commissioners above mentioned is
an evident departure from the powers
of the Commission, clearly limited in
the passage of Article 24 of the treaty
cited above:

“Considering that it clearly deals
with questions which form no part of
the administrative system of the prin-
cipalities ;

“ Considering that it completely re-
verses the purely consultative charac-
ter of the Commission;

“Considering, finally, that it 1s
clearly an act of authority and of in-
terference ;

‘M. Liehmann declares that the
Commissioners of France, Prussia,
Russia and Sardinia in entering in the
protocol the protest in question have
acted in manifest contradiction to the :
provisions cited above of the Treaty
of Paris and the instructions of the
Congress, and all the more so that,
according to the protocol of the first

MOLDAVIA AND WALLACHIA, 1857

au protocole de la 1-ére séance de la
Commission, tous les Commissaires
‘se sont désistés de tout droit de se
prévaloir des instructions particu-
lieres a chacun d'eux, qui seraient en
desacord avec l'instruction generale
du Congrès.’

“Mr. le Commissaire d'Autriche
proteste, par conséquent, au nom de
son Gouvernement et de la manière
la plus formelle, contre le procédé sus-
mentionné de MM. les Commissaires
de France, de Prusse, de Russie et de
Sardaigne.

“Mr. de Liehmann soumet ensuite
à la Commission la Gazette de Mol-
davie No. 34, contenant la liste des
élections qui y ont été faites dans la
classe des grande propriétaires, et il
ajoute que, quoi qu'on en dise de ces
élections, leur résultat pourtant ne
saurait être qualifié autrement que
comme satisfaisant, attendu que la
liste ci-dessus fait foi que, sauf la
classe des grands propriétaires, les
personnes appartenant aux toutes pre-
mières et aux plus riches familles du
pays ou qui, par leur mérite personnel,
y ont acquis une position élevée, for-
ment la très grande majorité des élus
et que, de même dans les autres classes,
les sommites dans chacune d'elles ont
été appelées à représenter le pays dans
le Divan ad-hoc.

MM. les Commissaires des France,
de Prusse, de Russie et de Sardaigne,
“* déclarent qu'ils ont protesté par
ordre de leurs Cabinets respectifs
contre les illégalités commises en

793

session of the Commission, all the
Commissioners ‘have refrained from
all right of availing themselves of par-
ticular instructions to each, which
should be contrary to the general in-
structions of the Congress.’

“ The Austrian Commissioner pro-
tests, in consequence, in the name of
his government and in the most for-
mal manner, against the above men-
tioned conduct of the Commissioners
of France, Prussia, Russia and Sar-
dinia.

“Mr. de Liehmann thereupon sub-
mits to the Commission the Gazette de
Moldavia No. 34, containing the list
of the elections which have been held
there in the class of large land owners,
and he adds that, whatever may be
said of these elections, their result can
nevertheless only be described as sat-
isfactory, as the list above mentioned
proves that, except in the class of
large land owners, the persons belong-
ing to all the leading and the richest
families of the country, or those who
by personal merit have acquired a high
position there, form the great major-
ity of those elected and that, as in the
other classes, the best part of each
class has been called to represent the
country in the Divan ad hoc.

The Commissioners of France,
Prussia, Russia and Sardinia “ de-
clare that they have protested by order
of their respective Cabinets against
the illegalities committed in Moldavia

794

Moldavie dans la convocation du Di-
van stipulé par le Traité de Paris.
La contre-protestation de Mr. le Com-
missaire d'Autriche ne s'applique pas
à l’acte des Commissaires eux-mêmes,
mais elle remonte aux ordres supé-
rieurs de Cabinets. En présence d’une
protestation de cette nature, ajoutent
MM. les Commissaires de France, de
Prusse, de Russie et de Sardaigne,
nous nous abstenons de justifier notre
procédé et de relever ce qu'il y a d'in-
exact et d'erroné dans l'argumenta-
tion de Mr. de Liehmann, en nous ré-
férant à nos Cabinets respectifs. Mais
en attendant la solution, nous croyons
de la dignité des Gouvernements que
nous représentons de ne plus prendre
part à des séances, dans lesquelles on
a voulu mettre en question, non plus
notre conduite personnelle, mais la
rectitude des procédés de nos Cabinets
respectifs.”

Mr. de Liehmann “demande à
MM. les quatre Commissaires précités
s'ils agissent sur les ordres de leurs
Gouvernements, en déclarant ne pou-
voir plus assister á aucune séance de la
Commission jusqu'à ce que la ques-
tion en instance ait recu une solution
de la part de leurs Cabinets.”

MM. les Commissaires de France,
de Prusse, de Russie et de Sardaigne,
répliquent “Que devant une déclara-
tion aussi positive que la leur, ils ne se
croient par tenus d’entrer dans ces
explications ultérieures.”

DOCUMENTS

in the convocation of the Divan as
stipulated by the Treaty of Paris.
The counter protest of the Austrian
Commissioner does not apply to the
act of the Commissioners themselves,
but 1t refers back to the superior or-
ders of the respective Cabinets. In
the face of a protest of this nature,
add the Commissioners of France,
Prussia, Russia, and Sardinia, ‘we
refrain from justifying our procedure
and from touching upon the inexacti-
tudes and errors in the argument of
Mr. de Liehmann, referring the mat-
ters to our respective Cabinets. But
while awaiting the solution, we con-
sider it imperative for the dignity of
the Governments which we represent
to no longer take part in sessions in
which it has been deemed proper to
question not only our personal con-
duct but the integrity of the procedure
of our respective Cabinets.’ ”

Mr. de Liehmann “ asks the four
Commissioners aforesaid whether
they are acting by order of their Gov-
ernments, in declaring that they can
not take part in any session of the
Commission until the question under
discussion has received a solution on
the part of their Cabinets.”

The Commissioners of France,
Prussia, Russia and Sardinia reply
‘ that in face of a declaration as posi-
tive as theirs they do not consider
themselves bound to enter into further
explanations.”

MOLDAVIA AND WALLACHIA, 1857

Protocolul No. 17. Sedinta din 22
(10) Septembrie 1857.

Reprenant la déliberation qui fait
l’objet du dernier protocole, la Com-
mission exprime l'avis que Mr. le
Président actuel, ainsi que Mr. le
Commissaire de la Grande Bretagne,
qui tous les deux n'ont pas encore
visité la Moldavie, se rendent à Jassy,
afin de s'entendre sur les rélations à
établir entre la Commission et le
Divan.

En conséquence, MM. les Commis-
saires de la Grande Bretagne et de
Russie se rendront a Jassy dans le
plus bref délai.

Protocolul No. 19. Sedinta din 14
(2) Octombrie 1857.

Mr. de Liehmann “ appelle l’atten-
tion de MM. ses collègues sur la cir-
constance, que le mandat impératif
émané des comités soi-disant na-
tionaux a été employé dans les deux
Principautés; que ce mandat a exercé
une grande influence sur les élections
et qu'il pourrait également compro-
mettre la liberté du vote dans les
Divans.”

Mr. le Commissaire de Turquie
“s'associe entièrement à l'observation
de Mr. de Liehmann.”

Mr. le Baron de Richthofen fait
observer, “que l’opinion de la Com-
mission sur le mandat impératif est
conforme à celle que MM. les Com-
missaires de la Grande Bretagne et

de Russie ont émise à ce sujet à

795

Protocol No. 17. Session of Sep-
ber 10/22, 1857.

Resuming the debate, which was
the subject of the last protocol, the
Commission expressed the opinion
that the President in office as well as
the British Commission, who had
neither of them yet visited Moldavia,
should repair to Jassy in order to
agree on the relations to be established
betweeen the Commission and the Di-
van.

Consequently, the British and Rus-
sian Commissioners will repair to
Jassy with as little delay as possible.

Protocol No. 19. Session of
- October 2/14, 1857.

Mr. de Liehmann “ calls the atten-
tion of his colleagues to the circum-
stance that the imperative mandate
issued by the so called National Com-
mittees has been employed in both the
Principalities; that this mandate has
exercised a great influence on the elec-
tions and that it may also compromise

the freedom of the vote in the
Divans.”
The Turkish Commissioner

“agrees entirely with the observations
of Mr. de Liehmann.”

Baron de Richthofen observes
“that the opinion of the Commission
on the imperative mandate agrees with
that expressed by the British and Rus-
sian Commissioners at Jassy. This
opinion relates to the interpretation of

796

Jassy. Cette opinion se rapporte à
l'interprétation du mandat, que les
députés pourraient avoir reçu de leurs
électeurs. Du reste, le mandat im-
pératif ne doit limiter d'aucune ma-
nière les députés dans l’accomplisse-
ment des devoirs, que le Firman im-
périal leur impose.”

Mr. le Baron de Talleyrand “ s'as-
socie à l'observation faite par Mr. le
Commissaire de Prusse.”

Sir Henry Bulwer et Mr. de Ba-
sily répliquent, “ que l’observation de
Mr. le Baron de Richthofen exprime,
d'une maniére qui ne peut étre qu'a-
gréable aux Commissaires susmen-
tionnés, l’opinion générale de tous
leurs collégues sur la question soule-
vée par Mr. de Liehmann,” et Mr. le
Commissaire britannique ajoute en-
core, “ que la conduite ultérieure des
Divans mettra la Commission à même
de se former un jugement sur l'effet
du mandat impératif.”

Protocolul No. 21. Sedintele din 29
(17) Octombrie si 4 Noembrie
(23 Octombrie) 1857.

Sir Henry Bulwer soumet à la
Commission les lettres, qu'il a
échangées avec les Caimacams et les
Présidents des Divans, dans le but de
l'établissement d'un service de poste
régulier entre Bucarest et Jassy et afin
que les procès-verbaux des séances,
ainsi que les Règlements intérieurs des
deux Assemblées, soient sans retard
communiqués a la Commission. . . .

DOCUMENTS

the mandate which the deputies may
have received from their electors.
For the rest the imperative mandate
should not in any way limit the depu-
ties in the fulfilment of the duties im-
posed on them by the Firman.”

Baron de Talleyrand “ agrees with
the observation made by the Prussian
Commissioner.”

Str Henry Bulwer and Mr. de Ba-
sily reply “that the observation of
Baron de Richthofen expresses in a
manner which can not fail to be agree-
able to the above mentioned Commis-
sioners, the general opinion of all their
colleagues on the question raised by
Mr. de Liehmann,” and the British
Commissioner adds “that the subse-
quent conduct of the Divans will en-
able the Commission to form its opin-
ion as to the effect of the imperative
mandate.”

Protocol No. 21. Sessions of Octo-
ber 17/29 and October 23/
November 4, 1857.

Sir Henry Bulwer presents to
the Commission the letters which he
has exchanged with the Caimacams
and the Presidents of the Divans, for
the purpose of establishing a regular
postal service between Bucharest and
Jassy and in order that the official re-
ports of the sessions, as well as the
rules of procedure of the two As-
semblies should be communicated to
the Commission without delay. . . .

MOLDAVIA AND WALLACHIA, 1857

“Mr. de Liehmann soumet ensuite
à la Commission la liste des per-
sonnes, qui forment la commission du
Divan susmentionnée et fait observer
que, parmi ses 9 membres, il ne s'en
trouve pas moins de 7 qui ont joué un
rôle saillant dans la révolution de
1848 . . .

Mr. le Baron de Richthofen
“soumet à l'appréciation de ses col-
lègues que, par la déclaration circon-
stanciée que Mr. de Liehmann vient de
faire, la Commission sera involontaire-
ment engagée de nouveau dans l’an-
cienne voie de la longueur et de la pro-
lixité des protocoles, laquelle n’a pas
rencontré l'approbation générale.
Passant au fond de l’exposé de Mr. de
Liehmann, Mr. le Commissaire de
Prusse invite à plusieurs reprises son
honorable collègue d'Autriche à ne pas
provoquer la discussion sur la question
des exiles.”

Mr. de Liehmann ayant insisté
pour que sa déclaration fut textuelle-
ment insérée au protocole, Mr. le
Commissaire de Russie expose de son
côté ce qui suit:

“Tl n'est pas dans nos attributions
de scruter les noms qui figurent dans
le bureau et dans les commissions nom-
mées par le Divan. Je doute aussi
qu’il soit conforme à la dignité de la
Commission internationale de scruter
les antécédents des individus, qui font
partie du Divan, et d'en tirer des in-
ductions sur les tendances de ce corps.
Nous le jugerons d’après ses actes. À

797

Mr. de Liehmann then presents
to the Commission the list of persons
who form the aforementioned Com-
mission of the Divan and observes
that, among the 9 members, there are
no fewer than 7 who have played a

prominent part in the Revolution of
1848 . .. |

Baron de Richthofen ‘ presents
for the consideration of his col-
leagues the fact that by means of the
detailed declaration just made by Mr.
de Liehmann, the Commission will
again be led involuntarily into the old
road of tediousness and prolixity of
the protocols, which has not met with
general approbation. Passing to the
end of the argument of Mr. de Lieh-
mann, the Prussian Commissioner re-
peatedly requests his honorable col-
league not to provoke discussion on
the questions of the exiles.”

Mr. de Liehmann having insisted
that the text of his declaration be in-
serted in the protocol, the Russian
Commissioner makes the following
statement :

‘It is not one of our functions to
examine the names which figure in
the Bureau and in the commission
named by the Divan. I doubt also
whether it is suitable to the dignity
of the International Commission to
examine the antecedents of the indi-
viduals who form a part of the Di-
van and to draw from them con-
clusions as to the tendencies of that

798

nos yeux, le Divan est le légitime or-
gane des vœux du pays.

Protocolul No. 22. Sedinta din 14
(2) Noembrie 1857.

Lecture est donnée des proces-ver-
baux 1, 2, 3, 4, 5, 6, 7, 8 et 9 du
Divan de Moldavie, des procès-ver-
baux 1, 2, 3, 4, 5, 6 et 7 du Divan de
Valachie et du Reglement intérieur de
cette dernière Assemblée. . . .

Au procès-verbal No. 7 du Divan
de Moldavie est jointe une adresse de
remerciments, votée par le Divan de
cette Principauté aux hautes Puis-
sances signataires du Traité de
Paris. . ..

Après quoi, Safvet Effendi s'ex-
prime dans les termes suivants:
“ Tout en constatant aujourd’hui avec
mes honorables collègues les vœux
émis par les Divans ad-hoc de Mol-
davie et de Valachie . concernant
l’Union de ces deux provinces sous la
dénomination de: ‘Roumanie, un
Prince étranger appartenant à une des
familles régnantes de l'Europe, avec
le droit d'hérédité dans sa dynastie,
l’autonomie, le Gouvernement consti-
tutionnel et la garantie collective des
Puissances signataires du Traité de
Paris, je réserve à la S. Porte, à la
suite d'un ordre de mon Gouverne-
ment, de discuter et de combattre au
sein du Congrès de Paris ceux des
vœux susmentionnés, qu’elle considere

DOCUMENTS

body. We shall judge them accord-
ing to their acts. In our eyes the
Divan is the legitimate organ of the
desires of the country.

Protocol No. 22. Session of Novem-
ber 2/14, 1857.

There were then read the official
minutes of Sessions 1, 2, 3, 4, 5, 6, 7,
8, and 9 of the Divan of Moldavia,
the minutes of the Sessions 1, 2, 3,
4, 5, 6, and 7 of the Divan of Wall-
achia and the rules of procedure of
the latter Assembly. . . .

To the minutes of the Divan of
Moldavia is appended an address of
thanks, voted by the Divan of that
Principality to the High Powers sig-
natory to the Treaty of Paris. . . .

Thereupon Safvet Effendi ex-
pressed himself in the following
terms: “While verifying today, with
my honorable colleagues, the wishes
expressed by the Divans ad hoc of
Moldavia and of Wallachia concern-
ing the Union of these two provinces
under the title of ‘ Roumania,’ a for-
eign prince belonging to one of the
reigning families of Europe with the
right of heredity for his dynasty,
autonomy, constitutional government
and the collective guarantee of the
Powers signatory to the Treaty of
Paris, I reserve for the Sublime
Porte, in accordance with the order
of my Government, to discuss and to
oppose before the Congress of Paris
which it considers as infringing on

MOLDAVIA AND WALLACHIA, 1857

LI

comme attentatoires à ses droits in-
contestables et aux vrais intéréts des
dites Principautés.

“Je réclame enfin l’insertion tex-
tuelle de ma présente déclaration au
protocole de la séance d'aujourd'hui.”

Mr. le Commissaire d’Autriche
déclare, ‘‘ qu'il n'hésite pas à constater
que le principe énoncé à l’égard de
l'Union politique des Principautés,
dans la réserve ci-dessus, donnée au
protocole par Mr. le Commissaire
ottoman á la suite d'un ordre spécial
de la Sublime Porte, est en parfaite
harmonie avec le point de vue auquel
la Cour Impériale d'Autriche env:sage
cette question.”

MM. les Commissaires de France,
de Prusse, de Russie et de Sardaigne,
‘considérant qu'il n'est pas ‘de leur
compétence d'approuver ou désaprou-
ver une déclaration faite par ordre
spécial d'une des hautes Cours sig-
nataires du Traité du 30 Mars, se bor-
nent á réserver á leurs Cabinets dans
la Conférence de Paris la discussion
pleine et entière des vœux politiques
émis par les Divans de Valachie et de
Moldavie.”

Protocolul No. 25. Sedinta din 21
(9) Noembrie 1857.

Sir Henry Bulwer, revenant aux
observations déjà présentées par lui
sur les élections moldaves, émet l’avis
suivant: “ Quand mes collègues sont
revenus de Jassy, il y a quelques mois,

799

those of the aforementioned wishes
its incontestable rights and the true

_interests of the Principalities.

“I demand insertion of the text
of my present declaration in the pro-
tocol of to-day's session.”

The Austrian Commissioner de-
clares “that he does not hesitate
to maintain that the principle enun-
ciated with regard to the political
Union of the Principalities, with the
above reservation, inserted in the
protocol by the Ottoman Commis-
sioner according to a special order of
the Sublime Porte, is in perfect har-
mony with the point of view from
which the Imperial Court of Austria
regards this question.”

The Commissioners of France,
Prussia, Russia and Sardinia “ con-
sidering that it is beyond their
competence to approve or disapprove
of a declaration made by the special
order of one of the High Contract-
ing Courts, signatory to the Treaty
of March 30, limit themselves to re-
serving to their Cabinets in the Con-
ference of Paris the full and complete
discussion of the political desires ex-
pressed by the Divans of Wallachia
and of Moldavia.”

Protocol No. 25, Session of Novem-
ber 9, 1857.

. e o 0

Sir Henry Bulwer, recurring to
the observations already presented by
him as to the Moldavian elections,
expresses the following opinion:
“ When my colleagues returned from

800

quelques-uns d'entre eux ont appelé
notre attention sur ce qui se passait
alors dans la Moldavie à l'égard des
élections.

“ Je n'ai pas manqué, lors de ma ré-
cente visite dans la Principauté voi-
sine, d'acquérir moi-même des infor-
mations tant sur les premières que sur
les secondes élections.

“. .. comme mon silence peut don-
ner lieu à des interprétations erronées,
je crois de mon devoir, d'aprés les in-
vestigations que je viens de faire, de
déclarer que, tout en soutenant mon
ancienne opinion, qu'il y avait de
l’exageration dans les plaintes qui nous
sont parvenues á l'égard des premiéres
élections, je me suis aussi convaincu
qui’l y avait de la verité au fond de
plusieurs de ces plaintes et que, dans
les derniéres élections, il y avait aussi
des irrégularités fort regrettables.

“. .. Or, demander de nouvelles
élections serait non seulement susciter
de nouveaux délais, mais susciter aussi
de nouvelles dissensions entre les Puis-
sances, puisqu'il y en a qui croient que
la Commission pourrait émettre un
pareil voeu, tandis qu'il y en a d'au-
tres qui soutiennent que la Commis-
sion n'a nullement ce pouvoir. En
outre, si nous devions rester à Buca-
rest jusqu’à ce qu'il y ait des élections
en Moldavie et en Valachie, qui ne
donnent pas sujet à de grands abus ou
du moins à de grandes plaintes, notre
séjour dans ce pays serait, je le crains,
prolongé jusqu'aux limites de la vie
humaine.

DOCUMENTS

Jassy, some months ago, some of
them called our attention to what had
passed in Moldavia in regard to the
elections.

“ At the time of my recent visit to
the neighboring Principality I did not
neglect to collect information as to:
the first as well as second elections.

“. . as my silence might lead to:
erroneous impressions 1 think it my
duty, after the investigations 1 have
just made, to declare that, while con-
tinuing to hold my former opinion,
namely that there were exaggerations
in the complaints which came to us
concerning the first elections, 1 am
also convinced that there was truth at
the bottom of some of those com-
plaints and that, in the last elections
there were also very regrettable irreg-
ularities.

6

‘... But, to demand new elections
would be not only to incur new delays
but to incur also new discussions
among the Powers, since there are
some of them who believe that the
Commission could express such a
wish while there are others who
maintain that the Commission has
not this power. Moreover, if we
should remain at Bucharest until
there were elections in Moldavia and
in Wallachia which would not give
rise to great abuses or at least to
great complaints, our sojourn in this
country would, 1 believe, be prolonged
up to the limit of human life.

MOLDAVIA AND WALLACHIA, 1857

Mr. le Baron de Talleyrand dé-
sire constater le fait, “que sur un
corps électoral comptant environ 140,-
000 personnes, il n’y a eu que 57 indi-
vidus qui, soit directement soit indi-
rectement, ont fait parvenir à la Com-
mission des plaintes au sujet des se-
condes élections moldaves et que,
parmi ce dernier nombre, il se trouvait
deux Ministres récemment destitués.”

Mr. de Basily observe, “ que tout
en constatant de nouveau que les pre-
mieres élections en Moldavie furent
entièrement illégales, il ne saurait
soutenir cependant que les dernières
élections eussent été parfaitement
régulières.”

Mr. le Baron de Richthofen “ s’as-
socie aux avis de MM. le Baron de
Talleyrand et de Basily, en pensant,
avec Sir Henry Bulwer, qu'il ne sau-
rait étre d'aucune utilité pratique de
s'occuper davantage de la question
des élections moldaves. . .

Protocolul No. 34. Sedinta din 4
Ianuarie 1858 (23 Decembrie
1857).

M. le Président soumet á la Com-
mission une dépeche télégraphique du
Président du Divan moldave, en date
du 3 Janvier — n. s.—dont suit le
texte:

“ J'ai l’honneur d’annoncer à Votre
Excellence, qu'aujourd'hui même le
Divan ad-hoc de Moldavie a prononcé
la clóture de ses travaux par un vote
de remerciments envers les hautes
Puissances se déclarant toutefois prét

801

Baron de Talleyrand wishes to
state the fact that in an electorate
numbering almost 140,000 persons
there are only 57 individuals who,
either directly or indirectly, have
caused complaints to be brought to
the Commission on the subject of the
second Moldavian elections, and that
among the latter are two Ministers
recently dismissed.

M. de Basily observes “that in
again maintaining that the first elec-
tions in Moldavia were entirely il-
legal, one could not maintain that the
last election had been perfectly regu-
lar.

Baron de Richthofen “agrees
with the opinion of Baron de Talley-
rand and Mr. de Basily while of the
same opinion as Sir Henry Bulwer
that there could be no practical utility
in further consideration of the ques-
tion of the Moldavian elections. , . .

Protocol No. 34. Session of De-
cember 23, 1857/January 4, 1858.

The President submits to the
Commission a telegraphic dispatch
from the President of the Moldavian
Divan, dated January 3, n. s., the text
of which follows :

“I have the honor to announce to
your Excellency that on this very
day the Divan ad hoc of Wallachia
has pronounced the termination of its
labors by a vote of thanks to the high
Powers, declaring itself always

802

à se réunir de nouveau, dans le cas où
il aurait á répondre à de nouvelles
communications que lui adresserait la
Commission internationale.”

Safvet Effendi demande, “ que la
Commission se prononce d'urgence
sur l’opportunité de la dissolution du
Divan de Moldavie.”

MM. les Commissaires déclarent,
“ qu'aussitót qu'ils auront reçu les
actes complets du Divan moldave, ils
s'empresseront de se prononcer sur ce
sujet.”

Se référant á la résolution prise
dans la dernière séance, Mr. le Prési-
dent “ invite MM. ses collégues à s'en-
tendre sur la marche à adopter pour
commencer les études de la Commis-
sion sur les questions d'administration
intérieure en Valachie et, à ce propos,
il donne lecture du passage de l’in-
struction du Congrès qui a trait à ces
questions.”

La Commission décide de traiter
dans une prochaine séance la question
judiciaire et la question militaire, sur
lesquelles elle a pu compléter ses in-
formations.

DOCUMENTS

ready to reassemble, in case there
should be need of answer to their
communications addressed to it by
the International Commission.”

Safvet Effendi demands “ that the
Commission pass a vote of urgent
necessity as to the expediency of the
dissolution of the Divan of Mol-
davia.”

The Commissioners declare “ That
as soon as they shall have received
the complete acts of the Moldavian
Divan, they will hasten to make a
pronouncement on this subject.”

Referring to the resolution taken
in the last session the President “in-
vites his colleagues to agree as to the
method to be adopted by the Commis-
sion for beginning on the studies of
the questions of the internal admin-
istration of Wallachia and for this
purpose he reads a passage of the in-
structions of the Congress which
deals with the questions.”

The Commission decides to take up
in the next session the judicial and
military questions, on which it has
been able to complete its information.

Address of the Moldavian Patriots to the European Commission at Bucharest,
‘ Protesting against the Electoral Lists published by the Caimacam, June

8/20, 1857 1

Escelentelor sale, d-lor membrii ai
inaltei Comisii europene pentru re-
organisatia Principatelor, adunatá in
Bucuresci.

To Their Excellencies, the Mem-
bers of the High International Com-
mission for the Reorganization of the
Principalities, at Bucharest.

1 Acte si documente, renascerei Romanies, vol. 4, p. 904.

MOLDAVIA AND WALLACHIA, 1857

Intr'adevér, fárá a vorbi aicí de me-
tehnele firmanuluí, de inláturarea cu
care el lovesce pe mai multe clase de
locuitori, de márginirile si greutätile
de aplicatii ce se gásesc in el la tot
rindul; poate cine-va sprijini oare ca
listele de acum publicate sunt mácar
conforme cu dispositiile firmanulul,
dacá nu cu stipulatiile Tratatului de
Paris?

Din doué mii de proprietari mari,
cunoscuti in Moldova, numai trei sute
cinci-deci alegétori figureazá in liste
si din doué-deci de mii proprietari
mici, numai doué mií doué sute sase-
deci si patru de alegétori de gradul
antaiti sunt cuprinsi in ele. Clasa
profesiilor liberale intreagà este rep-
resentatà numai de un-spre-dece ale-
gétori si cele cincì-spre-dece térguri,
residente tinutale din tara, infätiseazä
numaï una mie sapte sute opt-deci si
opt de alegétori, proprietari de case,
negutàtori si mesterí, cand, chiar în
tablele visteriei, figureazá doué-spre-
dece mii negutàtori si mesteri, afará
de aceí ce sunt pe pámintul dat Mol-
dovei din Basarabia.

Chiar aceï dintre noi pe cari guver-
nul % a inscris in liste, saú de frica
unui scandal prea rásunétor, saú mal
bine ca o bátae de joc mai mult pentru
alegetorii cei mai numerosi pe cari ‘i-a
inláturat, nu primesc aceasta favoare
amágitoare, si refusá a lua parte la

803

Without speaking here of the im-
perfections of the firman, of its ex-
clusion of several classes of inhabi-
tants, of the restrictions and difficul-
ties of application met in every line,
can it be maintained that the electoral
lists just published are even in accord-
ance with the clauses of the firman,
if not of those of the Treaty of Paris?

. Out of the two thousand great pro-
prietors recognized in Moldavia, only
three hundred and fifty electors figure
on the lists and, out of twenty thou-
sand small proprietors, only two thou-
sand two hundred and sixty-four have
been included as electors of the first
degree. The whole class of the lib-
eral professions is represented by
eleven electors and the fifteeen thou-
sand citizens in the cities, headquar-
ters of the districts of the Principal-
ity, include only 1,788 electors who
are householders, merchants and arti-
sans, while on the lists of contribu-
tions to the Department of the Treas-
ury alone there figure twelve thousand
merchants and artisans, not counting
those of the newly acquired territory
of Moldavian Bessarabia.

Those among us whom the govern-
ment has entered on the lists, either
through fear of too open a scandal,
or rather as one more mockery at
those even more numerous who are
excluded, do not accept this illusory
favor and refuse a cooperation, which

804

alegerile de cari sunt amenintati, fiind-
cà impärtäsirea lor ar fi o complici-
tate.

In fata térei noastre si a Europei
care, curend saú mai tärdiü, ne va da
dreptate, venim dar cu solemnitate a
declara cà:

Fiind-cá s'a depártat cu grámada o
mare majoritate de alegétori, sub deo-
sebite desarte cuvinte, precum de
verstá, de indigenat, de nedespàrtire
de mosii etc.;

Fiind-cá firmanul s'a cálcat, prin
infiintarea de a dreptul a doui depu-
tati ai clasei clerului in persoanele
staritilor monàstirilor Neamtul si Vo-
rona; . ..

Fiind-cá cea mai mica ipoteca este
prività ca un cuvint de inláturare,
chiar si atunci cand valoarea mosieï
ar intrece indoit si intreit suma ipo-
tecei, de vreme ce, dupà firman,
numai trei sute de fàlci se cer a fi
libere de o asemenea sarciná;

Fiind-cá barbafii s’aü lipsit de a
representa averea de zestre, mácar ca
firmanul nu coprinde nici o màrginire
in aceastà privire;

Fiind-cà prerogativa ce caimacamul
arbitrar ’si-a insusit de a da ranguri
militare si titluri de boerie, ii slujesce
ca mijloc spre a immulti numérul ale-
gétorilor credinciosi in clasa marilor
proprietari, precum si ca mijloc de
coruptie;

Fiind-cá profesiile liberale s'aú in-
läturat intr'un chip sistematic;

Fiind-cá numaï micul numér de 310
alegétori de abia recunoscuti pentru

DOCUMENTS

would be merely complicity, in the
elections which confront us.

Before our country and before Eu-
rope, which sooner or later will give
us justice, we hereby solemnly declare
that:

Considering the exclusion en masse
which has been exercised against the
great majority of electors;

Considering that the firman has
been violated by the institution of two
deputies de jure for the clergy of the
abbeys of Neamtzo and Vorona, . . .

Considering that the least mortgage
is considered as a reason for exclu-
sion, even when the value of the land
far exceeds the amount of the mort-
gage, while, according to the firman,
only 300 faltches of land need be free
from such a lien;

Considering that the right of the
husband to represent the dowry has
been taken away, although the firman
contains no such exclusion on this
point;

Considering that the prerogative
which the Caimacam has arbitrarily
assumed of conferring military rank
and title of boyard, aids him in creat-
ing devoted electors among the large
proprietors, and is as well a means of
corruption;

Considering that the liberal pro-
fessions have been systematically ex-
cluded ;

Considering that the small number
of three hundred and ten electors, rec-

MOLDAVIA AND WALLACHIA, 1857

capitalá a cáreia populatie se sue peste
opt-deci de mií de suflete, pusi in alä-
turare cu numérul de 131 de alegetori
ai térgului Husi, care n’are nici mácar
8,000 locuitorí dovedesce indestul
pártinirea si sistemul de inláturare ce
aù predomnit la facerea listelor;

Fiind-cá Galatiï, al doilea oras al
Principatelor si care, dupà insegi lis-
tele guvernuluí, are 227 de alegétori,
s'a desbracat de dritul de a alege doi
deputati si aceasta in favorarea Foc-
sanilor care, dupà insusi aceste liste
nu numerä de cat 92 de alegétori, si
cà, prin urmare, firmanul s'a cálcat
prin strámutarea rindului oraselor ;

Fiind-cá, prin mésura arbitrarelor
depärtäri din slujbe, pusà de curend
in lucrare, si multi profesori s'aú
lipsit de dritul lor de alegétori;

Fiind-cä alegetorii oraselor de re-
ligia armeneascá si cari pururea aú
luat parte la alegerile municipale, s'aú
inláturat din liste in contra firmanului,
care primesce ca alegétori, in repre-
sentatia oraselor, pe toti alegétorii
corpurilor municipale;

Fiind-ca un numér de alegétori in-
scrisi in liste, cari aù proprietäti in
mai multe locurí, sunt trecuti ca ale-
getori si eligibili numai in tinuturile
acele unde incunjurárile de a fi alesi
nu se pare a le fi favorabile;

Fiind-cá un mare numér de pro-

805

ognized in the city of Jassy, whose
population amounts to above eighty
thousand, compared with the one hun-
dred and thirty-one electors of the city
of Houschi, which contains not even
eight hundred souls, sufficiently
proves by itself the partiality and
methods of exclusion which have pre-
sided over the manufacture of the
lists. .

Considering that Galatz, the second
city of the Principality and, even ac-
cording to the lists of the government,
possessing 227 electors, has been de-
prived of its right to elect two depu-
ties, in favor of Fokshani which, ac-
cording to these same lists, contains
only 92 electors and that, conse-
quently, the firman has been violated
by the inversion of the order of the
cities;

Considering that, by means of re-
cent arbitrary removals several pro-
fessors have been deprived of their
rights as electors;

Considering that the municipal
electors belonging to the Armenian
church, and who have always taken
part in the municipal elections, have
been excluded from the lists, contrary
to the firman which admits as electors
in the representation of the cities, all
the electors of the municipal body;

Considering that certain electors en-
tered on the lists and possessing prop-
erty in several localities have been
entered as electors eligible only in the
districts where the chance of being
elected does not appear to be favor-
able for them;

Considering that a great number of

806

prietari de case s'aú scos din liste, pen-
tru ca binalele lor s'aú pretuit arbitrar
de cátre municipalitati mai jos de va-
loarea lor realá, si sub pretext de ipo-
tecá, in contra textului firmanului ;

Fiind-cà toti functionarii chemati,
dupà firman, a forma comitele de re-
clamatie s'aú schimbat;

Fiind-cá, chiar inaintea publicatiei
listelor, in clasa téranilor, s'aú fácut
maí multe alegerí in clasa de gradul 1
si de gradul al II, prin mijlocul unor
isvoade electorale in care locul nume-
lui alesilor a rémas alb;

‚Fiind-cä aceï trei delegati, prin care
fie-ce corporatie are a fi representatá
la alegeri, s'aù impus mai ’nainte,
fárá a se fi fácut alegerea lor prin
dare de glasurí, si farà nici o publi-
catie;

Fiind-cà cea mai mare parte dintre
starostii corporatiilor s'a schimbat cu
cate-va dile inaintea publicatiei lis-
telor, si cá mai marele staroste al ne-
gutatorilor din Iasi s’a inlocuit prin
un functionar, numit d’a dreptul de
cátre guvern;

Fiind-cä preotiï, diaconií, dascalii
de bisericá si scriitorii satelor, si prin
urmare partea cea mai luminatä a
populatieï sätesti, s’aü lipsit de dritul
de alegere in clasa locuitorilor térani;

Fiind-ca adunárile alegétorilor sunt
puse sub presidenfia ispravnicilor, in
contra firmanuluí si a art. 9 si 10 din
regulamentul organic;

Fiind-cá, afará de gazeta guvernu-

DOCUMENTS

householders have been excluded from
the lists because their property has
been valued arbitrarily by the muni-
cipal .official below their real value,
and under the pretext of mortgage,
contrary to the firman;

Considering that the members of
the committees of revision have all
been changed; _

Considering that even before the
publication of the lists several elec-
tions in the peasant class have been
held, for the first and second degrees,
by means of ballots with the places
for the names of delegates left blank;

Considering that the three members
by which each guild ought to be rep-
resented at the elections have been
dictated in advance without their hav-
ing been elected by means of ballot,
and without previous notice;

Considering that the greater part
of the heads of guilds have been
changed some days before the publi-
cation of the lists and that the chief
provost of the merchants of Jassy has
been replaced by an official direct from
the government;

Considering that the priests, the
deacons, the choristers and the scribes
in the country districts, and, conse-
quently, the most enlightened part of
the rural population, have been de-
prived of their right of electors in the
class of peasants;

Considering that the electoral col-
leges are placed under the presidency
of the prefects, contrary to the firman
and to articles 9 and 10 of the Or-
ganic Act;

Considering that, with the excep-

MOLDAVIA AND WALLACHIA, 1857

. lui, inchinatá pästrärii statului-quo,
toate jurnalele, chiar sub conditia de a
fi censurate, sunt oprite; cà profesiile
de credintà nu sunt invoite, cà dritul
de a ne aduna ni-s'a contestat; cà, in
sfirsit, suntem lipsiti de toate mij-
loacele neapárate spre a ne putea lu-
mina si pregàti pentru actul cel mai
mare in viata unei natii, adica pentru
alegerea deputatilor séi;

Fiind-cá listele electorale nu s'aú
publicat intocmai precum fuseserä
pregátite de cätre administratiile
tinute, ci s'aú prefácut si s'aú scurtat
in Departamentul din läuntru, si apoï,
chiar cand se aflaú sub tipar, s'aù su-
pus unei a treia prescurtàri la care aú
luat parte d-nii caimacamul si agentul
Austriei ;

Fiind, in sfirsit, ca aceste liste nu
infàtiseazà nici de cum majoritatea
claselor societàtei Moldovei si cá Di-
vanul ce ar resulta din viitoarele ale-
geri, nu poate nici intr'un chip a con-
stitui representatia legalá $1 exactá a
intereselor tuturor claselor, precum
cere hotárit art. 24 din Tratatul de
Paris;

Subscrisii se ved in dureroasa nevoe
de a se retrage de la ori-ce impärtäsire
la nisce alegeri fácute sub jugul in-
seláciunil, al impilàrii si al nedrep-
tatit. ...

(Urmeazá mii de subscrierÍ. )

807

tion of the government gazette, de-
voted to the maintenance of the status
quo, all the newspapers, even under
the censorship, are forbidden, that
professions of faith are prohibited,
that our right of public meeting is
opposed, that, finally, we are deprived
of all the suitable means for inform-
ing ourselves and preparing ourselves
for the exercise of that most impor-
tant act in the life of a nation, the
elections of its representatives;

Considering that the electoral lists
have not been published at all, as they
were prepared by the district admin-
istrators, but that they have been mod-
ifed and sorted in the Ministry of
the Interior and thereupon, still un-
der pressure, they have been submitted
to a third sorting in which the Cai-
macam and the Austrian representa-
tive have taken part;

Considering finally that these lists
in nowise represent the majority of
the classes of Moldavian society and
that the Divan which will result from
them in the coming elections cannot
constitute the legal and exact repre-
sentation of the interests of all the
classes, as is categorically ordered by
Article 24 of the Treaty of Paris;

The undersigned find themselves
under the grievous necessity of re-
fraining from all participation in the
elections held under the auspices of
pressure, injustice, and fraud. . . .

(Thousands of signatures are ap-
pended. )

808

DOCUMENTS

Memorandum Interpreting the Firman of Convocation of the Divans ad hoc.
June 11/17, 1857 *

Pour ce qui concerne le 1-er point,
les prétres, le texte du Firman dit, art.
l-er:

“Et les pretres, remplissant a un
titre quelconque les fonctions de leur
ministere dans le chef-lieu de chaque
Eveche, se reuniront sur la convoca-
tion de leurs Evéques diocésains, pour
nommer également parmi eux un dé-
puté au Divan par diocèse.”

Par conséquent, la Commission
pense que les fonctionnaires ecclésias-
tiques au siège de la Métropole et de
chaque Evéché et les curés des pa-
roisses de la ville chef-lieu de
l’Evéché, à l'exception de ceux exclus
par des raisons canoniques, sont de
droit électeurs, mais que les proto-
popes (archiprétres) et les proestoti
(aides des archiprétres), qui exercent
leurs fonctions dans le diocèse, sans
résider dans le chef-lieu, ne peuvent
par jouir du droit d’électeurs.

Cependant la Commission fait ob-
server, qu'il reste à savoir si les fonc-
tionnaires ecclésiastiques au siège de
la Métropole et les curés de paroisse de
la ville chef-lieu du diocèse sont les
seuls prêtres au chef-lieu auxquels se
rapportent les termes du Firman ci-
dessus mentionnés, question qui peut
être résolue par une entente entre le
Caimacam et le Métropolitain.

Quant à la seconde question, relative

Concerning the first point, namely,
the priests, the text of the Firman
says, in Article 1:

“And the priests, fulfilling under
whatever title the functions of their
ministry in the headquarters of each
bishopric, shall meet on convocation
by their diocesan bishops, to name by.
dioceses one from among their own
number as deputy to the Divan.”

Consequently, the Commission
thinks that the ecclesiastical function-
aries at the seat of the Metropolitan
of each Bishopric and the curés of the
parishes of the city which is the head-
quarters of this bishopric, with the
exception of those excluded for ca-
nonical reasons, are electors of right,
but that protopopes (arch-priests,
and the proestoti (aids to the arch-
priests) who exercise their functions
in the diocese, without residing in
the headquarters, may not enjoy elec-
toral rights.

However, the Commission observes
that it remains to ascertain whether
the ecclesiastical functionaries at the
seat of the Metropole and the parish
curés of the city which is the head-
quarters for the diocese are the only
priests at the headquarters to whom
the terms of the Firman above men-
tioned apply, a question which may be
settled by an agreement between the
Caimacam and the Metropolitan.

As for the second question, relating

1 Acte si documente, renascerei Romaniei, vol. 6, part 2, p. 423. Annex to protocol No. 6.

MOLDAVIA AND WALLACHIA, 1857

au domicile, la Commission partage
l'avis du Caimacam.

A Yégard des Grands Boyards
(3-ème question), qui ne sont pas as-
treints à la condition du domicile, la
Commission pense que tout Grand
Boyard, possesseur de la propriété re-
quise selon le Firman dans un district,
peut étre élu dans tout district dont les
électeurs voudraient bien le nommer
pour leur représentant.

Pour ce qui concerne le 4-ème point
— les biens dotaux — la Commission,
considérant les dispositions du chap.
16 $ 10 de la section 3 du Code civil
et considérant qu'en Valachie les biens
dotaux ont de tout temps conféré aux
maris les droits politiques attachés à
la propriété, adhère à l'avis émis par
le Caimacam.

Se référant aux explications pré-
sentées par le Chef du Gouvernement
valaque au sujet du 5-ème point —
c'est-à-dire les preuves de l'étendue
des terres,— la Commission est con-
vaincue de l'impossibilité d'appliquer
littéralement le Firman en Valachie
pour ce qui concerne la détermination
de l'étendue des terres. Elle ap-
prouve donc l’idée du Caimacam, de
parvenir au même résultat par les
moyens les plus pratiques et les mieux
appropriés aux circonstances locales,
et quant au choix de ces moyens, la
Commission le réserve au Gouverne-
ment valaque, comme à Pautorité la
plus compétente.

A l'égard du 6-ème point,— le
maximum de 99 faltches,— la Com-

809

to domicile, the Commission shares
the opinion of the Caimacam.

Regarding the great boyards (the
3d question) who are not limited by
the restriction as to domicile, the Com-
mission believes that each great boy-
ard, owner of the amount of prop-
erty in one district required by the
firman, may be elected in each district
where the electors wish to name him
as their representative.

As for the 4th point,— the dedi-
cated lands — the Commission, con-
sidering the provisions of Chapter 16,
par. 10, of Section 3 of the civil code,
and considering that in Wallachia the
dedicated lands have at all times be-
stowed on married men the political
rights attached to property, agrees
with the opinion expressed by the
Caimacam.

Referring to the explanations pre-
sented by the head of the Wallachian
government on the subject of the 5th
point — that is to say the evidence
as to the amount of property — the
Commission is convinced of the im-
possibility of applying the Firman lit-
erally in Wallachia in so far as it con-
cerns the determination of the amount
of property. It therefore approves
this idea of the Caimacam, of arriving
at the same result bv the means the
most practiced and the best suited to
the local circumstances, and as to the
choice of means, the Commission re-
serves this to the Wallachian Govern-
ment, as being the most competent au-
thority.

With regard to the 6th point,— the
maximum of 99 faltches,— the Com-

810

mission observe que, selon les termes
du Firman, les propriétaires non-
Boyards ou fils de Boyards, possédant
plus de 99 faltches de terre, seraient
exclus de la représentation nationale.
Mais vu les raisons présentées par le
Directeur du Secrétariat d'Etat sur
l'impossibilité de fixer le maximum
selon le Firman et vu qu'il paraït im-
probable que le Firman ait voulu ex-
clure de la représentation les proprié-
taires non-Boyards ou fils de Boyards
possédant au-delà du maximum pré-
cisé, tandis qu’il accorde ce droit à
ceux dont la possession n'atteint pas
le dit maximum, elle adhère à l'inter-
prétation proposée par le Caimacam.

Quant á la représentation de la
petite propriété, la Commission fait
remarquer que l'introduction des
Boyards dans la classe des petits pro-
priétaires ne serait pas en harmonie
avec une représentation par classes,
attendu que les intéréts des différentes
classes peuvent étre sous quelques
points en lutte. Mais comme l’opin-
ion du Caimacam parait conforme au
sens littéral de la phrase du Firman
(art. 3) : “ tous les propriétaires, sous
quelque dénomination que ce soit,” la
Commission adhére á cette opinion.

Quant au 7-ème point, relatif aux
portions de terres non continues, sises
dans le méme district, la Commission
partage l’opinion du Caimacam.

Pour ce qui concerne le 8-ème point,
qui se rapporte au passage du Firman:

DOCUMENTS

mission observes that, according to
the terms of the firman, the proprie-
tors not boyards or sons of boyards,
possessing more than 99 faltches of
land, were excluded from the na-
tional representations. But in view
of the reasons presented by the Direc-
tor of the Department of State on the
impossibility of fixing the maximum
according to the Firman, and in view
of the fact that it appears improbable
that the Firman meant to exclude
from representation the proprietors
not boyards or sons of boyards, pos-
sessing more than the precise maxi-
mum, while it accords this right to
those whose property does not equal
the said maximum, it adheres to the
interpretation proposed by the Caima-
cam.

As for the representation of the
class of small proprietors, the Com-
mission draws attention to the fact
that the introduction of the boyards
into the class of small proprietors
would not be in harmony with a rep-
resentation by classes, since the inter-
ests of the different classes might be
in conflict on some points. But as
the opinion of the Caimacam appears
to conform to the literal meaning of
the clause of the Firman (Art. 3.):
“ All the proprietors, under whatever
denomination,” the Commisston ad-
heres to this opinion.

As for the 7th point, relating to the
properties not situated in the same
district, the Commission agrees with
the opinion of the Caimacam.

Concerning the 8th point, which re-
lates to the passage of the Firman:

MOLDAVIA AND WALLACHIA, 1857

“Tis y éliront à la majorité des voix
deux députés au Divan parmi ceux
d’entre eux qui justifieront de la pos-
session, libre de toute charge hypothé-
caire, d'un immeuble de 200 faltches
au moins ou l'équivalent en pogones
de terres exploitées et en rapport,” la
Commission est d'avis que la prescrip-
tion, qui oblige les éligibles à présenter
une déclaration de dégrèvement,
comme elle dépend entièrement de
l'arbitraire du créancier, pourrait don-
ner lieu à des abus ou à des difficultés
dans l'exécution, le créancier pouvant
se trouver hors du pays ou bien re-
fusant le dégrèvement pour une

somme insignifiante d'une propriété

de grande valeur. En principe, une
propriété, dont la valeur réele, après
avoir couvert la dette hypothécaire,
offrirait un excédent correspondant à
la propriété exigée par les prescrip-
tions du Firman, devrait accorder le
droit d'éligibilité Tout en recon-
naissant que l’application pratique de
ce principe offre des difficultés, la
Commission est d'avis, d’après les in-
formations qu’elle a été dans le cas de
recueillir, qu’un des moyens à adopter
serait celui d'estimer la valeur de la
terre d’après son revenu. Cette opé-
ration servirait en même temps, selon
la localité, à déterminer approxi-

mativement l'étendue de la terre.

Quant à l'évaluation, on pourrait se
conformer au principe généralement
admis dans les estimations judiciaires,
qui établit la valeur d’une terre sur le
taux de 5% de revenu. La Commis-
sion espère qu'il sera d'autant plus
facile, dans le cas actuel, d'arriver

811

“ They shall there elect by majority
vote two deputies to the Divan from
among those who shall prove posses-
sion, free from all mortgage, of real
property of 200 faltches at least or
the equivalent in pogones of land cul-
tivated and under crop,” the Commis-
sion is of the opinion that the pre-
scription which obliges those qualified
to present a release of lands from en-
cumbrance, as it depends entirely on
the will of the creditor, could occa-
sion abuses or difficulties of execu-
tion, as the creditor may be out of the
country, or may refuse release of a
property of great value for an insig-
nificant sum. In principle, a property
whose real value, after having cov-
ered the mortgage, would offer an ex-
cess corresponding to the property re-
quired by the provisions of the Fir-
man, ought to carry with it the right
of eligibility. While recognizing that
the practical application of this prin-
ciple offers difficulties, the Commis-
sion is of the opinion, according to ‘
information which it has had occasion
to collect, that one of the means to
adopt would be that of estimating the
value of the land according to its rev-
enue. This operation would serve at
the same time, according to locality,
to determine approximately the extent
of the land. As for the valuation,
one might conform to the principle
generally admitted in the judicial esti-
mates which establishes the value of
a property on the rate of a 5% rev-
enue. The Commission hopes that it
will be the easier in the actual case,
to arrive thus at a satisfactory re-

812

ainsi à un résultat satisfaisant, que les
travaux préparatoires doivent être
déjà faits dans les administrations,
par suite de la publication du Minis-
tere de l'Intérieur en date du 21 Mars
dernier, laquelle prescrivait, entre
autres, de spécifier, autant que faire
se pourra, le revenu constaté par les
taxes des chaussées et le payement des
redevances à l'Etat ou bien par un
contrat de bail.

En ce qui touche le 9-éme point —
les professeurs d’Etat,— la Commis-
sion se range de l'avis du Caimacam.

Pour ce qui concerne le 10-ème
point — les avocats,— les termes du
Firman exigent un diplóme régulier.
Mais de tels diplómes n'existant pas
dans le pays, il est indispensable
d’aviser à un autre moyen propre à
réaliser l’idée du Firman. Toutefois,
le projet du Caimacam parait de na-
ture à rendre nécessaires des explica-
tions, car il semble à la Commission
| que, d’après ce projet, le Département
de la Justice pourrait donner le carac-
tere d'avocat à tout individu, qui au-
rait plaidé, soit sa propre cause, soit
par procuration une cause quelconque.
Or, le Règlement Organique, art. 129,
fait une distinction entre les avocats
reconnus et les personnes qui, sans
être avocats, plaident parfois devant
les tribunaux. Il spécifie clairement
le procédé, par lequel on doit devenir
avocat reconnu. La loi de l’année
1836, qui a été adoptée par 1'Assem-
blée générale de la même année, établit
aussi ce principe. Par conséquent, la
Commission, étant obligée à se ren-

DOCUMENTS

sult, as the preparatory work ought
to be already done in the administra-
tive bodies, according to the publica-
tion of the Minister of the Interior
under date of March 21 last, which
provided, among other things, the
specification, as far as possible, of the
revenue as shown by the road taxes
and the payment of the State taxes or
by the terms of a lease.

As regards the 9th point,— the
State professors — the Commission
agrees with the opinion of the Cai-
macam.

Concerning the 10th point,— the

. lawyers — the terms of the firman re-

quire a regular diploma. But as such
diplomas do not exist in the country,
1t is indispensable to agree on another
means calculated to achieve the pur-
pose of the Firman. However, the
proposal of the Caimacam appears to
be of such a nature as to necessitate
explanations, for it seems to the Com-
mission that, according to this pro-
posal, the Department of Justice could
bestow the character of lawyer on any
individual who had pleaded, whether
in his own cause, or any cause
whatever, by power of attorney. But
the Organic Statute, Article 129,
makes a distinction between the rec-
ognized lawyers and the persons who,
without being lawyers, sometimes
plead before courts. It clearly spec-
fies the procedure by which to become
a recognized lawyer. The law of
1836, which was adopted by the gen-
eral assembly of the same year, estab-
lished this principle also. Conse-

MOLDAVIA AND WALLACHIA, 1857

fermer aussi strictement que possible
dans le sens précis du Firman, est
d’avis que le Département de la Justice
ne doit délivrer de certificat d’électeur
dans la catégorie des avocats qu'à
ceux qui ont exercé depuis trois ans
au moins la profession d'avocat, selon
les prescriptions du Règlement Or-
ganique et de la loi du pays.

Quant au 11-ème point — les com-
mercants,— le Firman accorde les
droits d'électeur aux négociants paten-
tés des trois classes inscrits sur les
dernières listes préparées pour l'élec-
tion des municipalités. La Commis-
sion, d’après les informations qu'elle a
été dans le cas de recueillir, observe
qu’il n’y a point de liste pour les élec-
teurs de la municipalité, qui sont
choisis par les députés des quartiers,
lesquels, à leur tour, sont élus d’après
une loi spéciale. L'élection ayant
ainsi lieu à deux degrés, le Caimacam
propose de substituer aux électeurs des
municipalités des électeurs des députés
des quartiers. Ce mode, quelqu'im-
parfait qu'il soit, parait cependant le
plus pratique pour tourner la difficulté.
Il est vrai que, pour être inscrit comme
électeur des députés des quartiers, il
faut être propriétaire; mais comme le
cens électoral dans cette catégorie est
extrêmement modique, il est présum-
able, selon les mœurs du pays, que le
plus grand nombre des patentés in-
diqués par le Firman est en meme
temps propriétaire. Il ne resterait

qu'une seule remarque á faire, au

813

quently, the Commission being obliged
to limit itself as strictly as possible to
the precise meaning of the Firman,
is of the opinion that the Department
of Justice ought not to deliver an
electoral certificate, under the cate-
gory of lawyers, except to those who
have practiced the legal profession for
a period of three years at least, ac-
cording to the provisions of the Or-
ganic Statutes and of the law of the
land.

As for the 11th point, — the trades-
men, — the firman grants electoral
rights to the licensed tradesmen of the
three classes registered on the last
lists prepared for the municipal elec-
tions. The Commission, according
to information which it has had occa-
sion to collect, observes that there is
no list of electors for the Municipal-
ity, who are chosen by the deputies of
the districts, who, in their turn, are
elected according to a special law.
The election having thus taken place
in two stages, the Caimacam proposes
to substitute for the electors for the .
Municipality, the electors for the dep-
uties for this district. This method,
however imperfect it may be, appears
nevertheless to be the most practical
means of solving the difficulty. It is
true that, to be registered as an elector
for district deputies, one must be a
landowner; but as the electoral cen-
sus is in this case extremely moderate,
it is presumable, according to the cus-
tom of the country, that the greatest
number of those licensed as indicated
by the Firman are also landowners.
There remains but one remark to

814

sujet de l’âge ; on est électeur de quar-
tier a l’age de 25 ans. Il faudra, par
conséquent, éliminer de ces listes ceux
qui n'ont pas l’âge de trente ans, re-
quis par le Firman.

DOCUMENTS

make on the subject of age; one be-
comes an elector for the district at
the age of 25. It is necessary, con-
sequently, to eliminate from these
lists those who have not reached the
age of thirty, as required by the Fir-
man.

Form of Certificate of Election Prescribed by the Moldavian Government,
June 12/24, 1857 *

Certificat
Locuitorii pontasí din satul ....,

finutul . . . ocolul . .. , astädi in ..
a luneï . . . . 1857, consfätuinlu-se,

aú ales douf delegati de antaiul grad,
Si anume pe.......... si.

. potriviti cu articolul 4 al im-
pérátesculul firman; despre care s’a
dat acest certificat, adeverit de vorni-
cul, pacinicii si preotul satuluí si pu-
nerea pecetii sätesci.

Certificate.

The peasants residing in the town
of...., district of... , arrondis-
sement of ..., today the... , of
the month of... . 1857, having
consulted together, have elected two
delegates of the first degree, namely
and . . . . , in accordance
with Article 4 of the Imperial Fir-
man; in token of which the present
certificate has been delivered, certi-
fied by the vornic,? the patchinics ® and
the priest of the town, as well as by
the affixing of the town seal.

Identic Note Sent to the Porte by the Representatives of France, Prussia, Rus-
sia and Sardinia. June 25, 1857 *

(Extrait)

‘ Ils ne peuvent s'empêcher d’ex-
primer à la Sublime-Porte la surprise
avec laquelle ils apprennent de quelle

manière on continue à procéder, en

(Extract)

“ They can not restrain themselves
from expressing to the Sublime Porte
the surprise with which they learn the
manner in which the execution of the

1 Acte si documente, renasceres Romaniei, vol. 5, p. 969.

2 The mayor.
3 The justice of the peace.
4 Arch, dip., 1866, pt. 2, p. 63.

MOLDAVIA AND WALLACHIA, 1857

Moldavie, á l'exécution du Firman;
c'est toujours le méme systéme d'in-
timidation ouverte, de pression vio-
lente. C'est pourquoi il n'est pas de
la dignité de la commission, émanation
elle-méme du Congres de Paris, de
se mettre en rapport avec un Divan
qui ne sera pas composé de manière à
pouvoir passer pour la véritable ex-
pression des vœux et des besoins du
pays, et qui répondra si mal aux in-
tentions du Congrés de Paris à cet
égard. |

‘ La Sublime-Porte repousse, il est
vrai, toute solidarité, sous ce rapport,
avec ses agents de Moldavie; mais
cette déclaration ne suffit pas à l’exo-
nérer de la responsabilité qui pèsera
réellement sur elle, en cette circon-
stance, tant qu’elle n'aura pas désa-
voué formellement ces mêmes agents
et ne les aura pas obligés de modifier
leur conduite.”

815

Firman in Moldavia continues to pro-
ceed ; there is still the same system of
open intimidation, of violent pressure.
That is why it does not accord with
the dignity of the commission, itself
an emanation from the Congress of
Paris, to assume relations with a Di-
van which will not be constituted in
such a way as to pass for the true ex-
pression of the wishes and needs of
the country, and which will so poorly
answer to the intentions of the Con-
gress of Paris in this regard.

“ The Sublime Porte, it is true, de-
nies all joint responsibility with its
agents in Moldavia, in this matter;
but this statement is not sufficient to
exonerate it from the responsibility
which will actually rest upon it, in
these circumstances, so long as it shall
not have formally disowned these
same agents, nor have obliged them to
modify their conduct.”

Protest and Resignation of Alexander Couza as Prefect of Galatz, June
24/July 6, 1857 !

Escelentà.

Strigárile si jeluirile cetätenilor de
toate clasele din Galafi, nu mai putin
si a locuitorilor intregului finut, pen-
tru ameninfárile ce li se fac de cätre
samisul tinutuluî si intreg comitetul
alegerilor pentru divanul ad-hoc, spre
a 1 spaimanta, si cu asa chip a le iná-
dusi sloboda espresie in dreptätile
hárásite prin inaltul firman pentru
convocarea Divanului ad-hoc, gásin-

Excellency,

The claims and complaints of the
citizens of all classes of the city of
Galatz, as well as those of the inhab-
itants of this district, occasioned by
the threats made to them by the re-
ceiver-general of the district and by
the committee of revision for the elec-
tion for the Divan ad hoc, for the
purpose of intimidating them in order
to deprive them of or to abolish the

1 Acte si documente, renascerei Romaniei, vol. 5, p. 47.

816

du-le basate pe adevéruri, iar urmárile
tuturor functionarilor, chiemafi prin
posturile ce ocupá, la lucrárile prescise
prin pomenitul inalt firman, abátute
de la glásuirea legilor.

1° Publicarea listelor schimosite
prin adäogiri de persoane si stergerea
acelor trecute in listele trämise de is-
právnicie si primite de la privighetori
si eforie.

2° Schimbarea fara motiv a privi-
ghetorilor vrednici si cu caracter cin-
stit si inlocuirea lor prin persoane, in
toate privirele, nedestoinice si prime-
jdiose intr’un timp asa de gingas si
critic pentru fara.

3° Sistemul terorismuluí ce, de la
lipsa iscälitului din oras, se aplicá în
deobstie precum, de pildá, calcarea
locuintei d-luí stolnic Ghitá Alevra in
puterea noptii, de cátre d. samis, d.
maior Christea, si politmaistrul ora-
suluï, in temeiul offisului Exc. V., slo-
bozit dupà spusa numitului maior, pe
cand iscalitul se afla in orasul Iasi
(insà, tàinuit, precum Exc. V. nu veti
putea tágádui si cu reson ascuns de
mine, cäci asi fi fost stavila unor asa
nedreptäti si nici odatà unealtá rusi-
noasá a ocarmuirel).

4° Procedarea nelegiuitá a comite-
tuluí de alegerí prin respingerea ce

DOCUMENTS

right of free speech granted them by
the firman of convocation, are
tounded on right and truth and the
acts of all the officials, called on by
their office to cooperate in the work,
are contrary to law and to the said
firman. These acts are:

1. The publication of the lists dis-
torted by the admission of certain in-
dividuals, the striking out of those
entered on the original lists received
from the sub-prefect and the munici-
pal council and sent by the prefecture;

2. The removal without cause of
the sub-prefects of worthy and up-
right character and the substitution,
at such a critical moment for the
country, of individuals incapable and
dangerous, according to all reports.

3. The system of terrorism gener-
ally adopted in the district, since the
absence of the undersigned from the
city. Such, for example, is the case
of the violation of the domicile of the
stolink Zhitza Alevra, made by night
by the receiver general, Major Christé,
and the police commissioner of the
city. This act, ordered by a decree of
Your Excellency and reported by the
Major, was accomplished, as Your
Excellency can not deny, in a mys-
terious manner and at a moment when
the undersigned was at Jassy. It was
concealed from me and with reason,
tor I should have been an obstacle
in the way of such illegal acts and
should never have consented to be the
shameful instrument of the govern-
ment.

4. The illegality of the work of the
committee of revision which refuses

MOLDAVIA AND WALLACHIA, 1857

face tuturor persoanelor cu drepturi,
fárá a li se aráta resoanele pentru carl
se resping, saú cel pufin a li se da
adeverinte de primirea reclamatielor,
precum s'a urmat cu räzesii de Smulti
si mai multi boeri.

5° Debatatiele comitetului inchi-
puite, iar in adevér si in faptà, plini-
rea unor dispositii afarà din textul
firmanului.

6° Inláturarea de la comitet a is-
calituluî si trimiterea sa cu misil in
Basarabia Moldovaná, tocmaï în tim-
pul unor asemenea delicate impre-
juräri si cand, dupà glásuirea inaltu-
lui firman, urma neapárat a se afla
fatà si a presida acel comitet.

7° La opt mahalale intregi ridicate
drepturile hárázite prin inaltul firman,
cand ei sunt trecufí în listele alegerilor
eforiei. Asemenea desfiintarea cu de-
seversire a corporatiilor negutàtorilor
din picioare, asemenea a trei delegati
breslei de covaci, cand starostii lor
sunt publicati, $. c. l., $. c. 1.

Toate acestea fiind lovitoare, pe de
o parte, in dreptätile piméntenilor, iar,
pe de alta, in infelesul inaltuluí firman
basat pe Tratatul de Paris, si dupá
. aratarea verbalá ce am facut atat Exc.
V. cat si d-luf ministru din láuntru
spre stavilirea lor, socotindu-le prove-
nite numai de la amploiatii subal-
terni;

817

the demands of those having the right,
without giving them reasons and even
without at least notifying them of the
receipt of their claims. Such is the
treatment given to the small proprie-
tors of Smoultzi; and to a crowd of
boyards.

5. The committee made a show of
debating over its resolutions, but, in
sober fact, it has only applied dispo-
sitions wholly outside the firman.

6. The withdrawing of the under-
signed from the committee and the
sending of him on a mission to Mol-
davian Bessarabia at precisely such
a crucial time, and when, according to
the firman, he is obliged to be present
and to preside over the committee.

7. The deprivation of eight entire
districts of the city of their political
rights, although they are recognized
in the electoral lists of the munici-
pality; further, the absolute omission
of the guild of travelling merchants
and the erasure of three delegates
from the guild of farriers, although
their provosts are entered, etc., etc.,

All these acts are on the one hand
an infringement on the rights of the
citizens, and on the other hand, they
violate the text of the firman, based
on the treaty of Paris; and, as in spite
of the formal reports which I have
addressed concerning them with the
purpose of preventing them, both to
Your Excellency and to the Minister
of the Interior,— in the conviction
which I was under that these acts
were merely the work of subordinates
— I see that no measures have been
taken to this effect, and that as an-

818

ne-vedend insà nici o mésurà luatá,
iar mésurile inspáímintátoare pre-
domnind si sporind in tot tinutul
Covurluiului, mé véd silit, cu o vie
párere de réú, in potriva dorinteï si
datoriei ce am a sluji Patriei intr'o
vreme asa de gingase, si a vé cere
demisionarea mea de la functia de
pärcälab, fiind o tristà povará sub un
asemenea sistem.

(semnat) Al. Couza, major adju-
tant domnesc. |

DOCUMENTS

swer, the measures of intimidatiort
continue and are only doubled;

I am obliged, in spite of my deep
regret and my duty to serve my coun-
try at such a critical time, to tender
you the resignation of my office as
prefect (parcalab) which is too bur-
densome a charge under such a sys-
tem.

(Signed) Al. Couza, Major, Se-
nior Aide-de-Camp.

Notes of Lord Stratford de Redcliffe and Baron Prokesch-Osten to Reschid
Pacha Opposing Adjournment of the Moldavian Elections. July 18, 1857 *

!
I

Leurs Excellences l’ambassadeur
d'Angleterre et l’internonce d'Au-
triche, s'étant rendus au ¡als (maison
de campagne) de Son Altesse le grand
vizir, oú se trouvait également le mi-
nistre des affaires étrangères, Reschid-
Pacha, saisit cette occasion pour leur
exposer ce qui suit:

Les efforts de la Sublime-Porte
pour aplanir le différend qui s'est
élevé relativement aux élections de
Moldavie, étant restés infructueux, et
les dépêches télégraphiques parvenues
aux ambassadeurs de France et d'An-
gleterre étant susceptibles d'une inter-
prétation divergente, au sujet de l’en-
tente entre les Gouvernements fran-
cais et anglais sur l’ajournement à
huit jours des élections, ajournement

1 Arch. dsp., 1866, pt. 2, p. 64.

I

Their Excellencies the Ambassador
of England and the Internuncio of
Austria, having repaired to the tal
(country house) of His Highness the
Grand Vizier, where was also Res-
chid-Pacha, the Minister for Foreign
Affairs, seized this occasion to make
a statement to them as follows:

The efforts of the Sublime Porte to
smooth away the difference which has
arisen regarding the Moldavian elec-
tions having continued to be unsuc-
cessful, and the telegraphic dispatches
reaching the Ambassadors of France
and of England being susceptible of
different interpretations on the sub-
ject of the agreement between the
French and English Government as to
the eight day adjournment of the elec-

MOLDAVIA AND WALLACHIA, 1857

qui expire aujourd'hui, la Sublime-
Porte propose un nouveau délai de
quinze jours, pour avoir le temps d'ob-
tenir, par le télégraphe, des éclaircis-
sements sur cette entente.

II

L’ambassadeur d’Angleterre et P'in-
ternonce d'Autriche, tout en rendant
justice à la Sublime-Porte pour ses ef-
forts tendant á concilier le différend
qui a surgi au sujet des élections de
Moldavie, efforts auxquels il a été
pleinement répondu de leur part, rap-
pellent les inconvénients qui résulte-
raiént d'un pareil retard, et regrettent
que Pon ait refusé le meilleur moyen
d'entente à cet égard.

L'ambassadeur d'Angleterre de-
clare, en son particulier, que le sens
des dépeches lui semble suffisamment
clair, et qu'il n'en appert nullement
que l’idée d'un nouvel ajournement
des élections soit dans la contempla-
tion (sic) de son gouvernement.
L’internonce d'Autriche partage sur
ce point l'opinion de son collègue
d'Angleterre. En conséquence, ils ont
conclu, l’un et l’autre, que la Porte ne
peut pas accorder un nouvel ajourne-
ment, sans sortir de la position qui
lui est assignée par le principe du
traité de Paris, ceuvre commune des
puissances, et ils ajoutent qu'ils ne re-
culent devant aucune responsabilité
qui rejaillirait pour la Porte de ce
refus d'ajournement.

Emirghian, le 18 juillet 1857.

L. STRATFORD DE REDCLIFFE.
BARON DE PROKESCH OSTEN.

819

tions, an adjournment which expires

today, the Sublime Porte suggests a
new delay of fifteen days, in order to
have the time to obtain by telegraph
some enlightenment as to this agree-
ment.

II

The Ambassador of England and
the Internuncio of Austria, while do-
ing justice to the Sublime Porte for
its efforts to conciliate the difference
which has arisen on the subject of the
Moldavian elections, efforts to which
there has been full response on their
part, recall the inconveniences which
would arise from such a delay, and
regret that the best means of agreeing
on this point have been refused.

The Ambassador of England de-
clares for his part, that the meaning
of the dispatches seems sufficiently
clear, and that he finds there nothing
to show that a new adjournment
of the elections is contemplated by
his government. The Internuncio of
Austria shares on this point the opin-
ion of his colleague of England.
Consequently they have both con-
cluded that the Porte can not grant
a new adjournment without forsaking
the position assigned to it by the
principle of the Treaty of Paris, a
common work of the Powers, and
they add that they do not flinch be-
fore any responsibility which might
reflect on the Porte from this refusal
to adjourn.

Emirghian, July 18, 1857.

L. STRATFORD DE REDCLIFFE.
BARON DE PROKESCH-OSTEN.

820

DOCUMENTS

Address of the Metropolitan of Moldavia to the European Commission at
Bucharest, July 10/22, 1857 !

A la haute Commission européenne
à Bucarest.

Je reçois, de la part des membres du
clergé, de nombreuses plaintes et ré-
clamations à l’occasion des élections
faites dans des conditions qui sont
aussi loin de répondre au respect dú
à la volonté des grandes Puissances
signataires du Traité de Paris qu'aux
droits reconnus à toutes les classes de
la population de la Moldavie. Ne
disposant d'aucun moyen d'y faire
droit et les trouvant cependant dignes
d’être prises en très sérieuse considé-
ration, je crois de mon devoir de les
adresser à la haute Commission, en la
priant de vouloir bien prendre la dé-
fense des droits d’un corps respectable
dont les vœux pour le bonheur de la
Patrie ne sauraient librement se mani-
fester.

J'ai l'espoir que l’intervention de la
haute Commission ne tardera pas
d’apporter un souverain remède à un
mal qui fait saigner de douleur notre
coeur de Moldave et de chef spirituel
du pays.

To the High European Commis-
sion at Bucharest.

I am in receipt of numerous com-
plaints and claims made by members
of the clergy regarding the elections
held under conditions which are as
far from coinciding with the respect
due to the wish of the great Powers
signatory to the Treaty of Paris, as
they are from the recognized rights of
all the classes of the population of
Moldavia. Without any means of
righting them and finding them never-
theless worthy of being taken under
very serious consideration, I believe
it to be my duty to forward them to
the High Commission, with the re-
quest that it will be good enough to
undertake the defence of the right of
a respectable body whose desires for
the welfare of the mother country are
prevented free expression.

I entertain the hope that the inter-
vention of the High Commission will
not delay in bringing a sovereign rem-
edy to an evil which causes the heart
of a Moldavian and of the spiritual
head of the country to bleed with
sorrow.

Identic Note of Aali-Ghalib Pacha to the Representatives of France, Prussia,

Russia and Sardinia.

J'ai recu la note que Votre Excel-

lence m'a fait l’honneur de m'adresser

July 30, 1857 *

I have received the note which your
Excellency has done me the honor to

1 Acte si documente, renascerei Romaniet, vol. 5, 1890, p. 228.

1 Arch. dsp., 1866, pt. 2, p. 69.

MOLDAVIA AND WALLACHIA, 1857

en date du 28 juillet, pour réclamer
l'annulation immédiate et absolue des
élections moldaves, et je me suis fait
un devoir empressé de soumettre cette
note à l'appréciation de S. M. I. le
Sultan, mon auguste souverain.

Votre Excellence connaît déjà par
la note officielle et responsive que j'ai
eu l’honneur de lui adresser, en date du
28 juillet, que la Sublime-Porte,
comme puissance cosignataire du
Traité de Paris, ne peut pas sortir des
limites tracées par ce même traité, et
prendre sur elle seule la responsabilité
d'une grande mesure aussi peu de sa
portée que celle d'annuler les élections.
Mais, dans son désir franc et sincère
d'exécuter loyalement, pour ce qui le
regarde, l'acte du Congrès de Paris et
de repousser tout ce qui sera reconnu
comme illégal, le gouvernement impé-
rial est d'avis que ce serait à la con-
férence de Paris d'examiner si les
élections moldaves ont été légales ou
irréguliéres, et de se prononcer a cet
égard. Cet avis de la Sublime-Porte
est exactement le méme que Votre Ex-
cellence a maintes fois émis de vive
voix, qu'il appartiendra á la confér-
ence de Paris d'examiner et de juger
les affaires de cette nature.

Le gouvernement de S. M. I. le Sul-
tan, . . . ne ferait pas d'objections à
l’ajournement de la convocation des
Divans, jusqu’à ce que la conférence
de Paris se soit prononcée a cet
égard. . ..

821

address me under date of July 28, to
demand the immediate and absolute
annulment of the Moldavian electors,
and I hasten to submit this note to
the notice of H. I. M. the Sultan, my
august sovereign.

Your Excellency is already aware,
from the official reply which I have
had the honor to address to you under
date of July 28, that the Sublime
Porte, as a power cosignatory to the
Treaty of Paris, can not exceed the
limits set by the said treaty and take
on itself alone the responsibility of a
great measure so little within its au-
thority as that of annulling the elec-
tions. But, in frank and sincere de-
sire loyally to execute, in all concern-
ing it, the act of the Congress of
Paris, and to repulse all that which
will be recognized as illegal, the Im-
perial Government is of the opinion
that it is for the Conference of Paris
to examine whether the Moldavian
elections have been legal or irregular,
and to pronounce on this point. This
opinion of the Sublime Porte is ex-
actly the same as that which Your Ex-
cellency has many times uttered with
great force, that it should belong to
the Conference of Paris to examine
and to judge as to matters of such a
nature.

The Government of H. I. M. the
Sultan . . . would make no objection
to the adjournment of the convocation
of the Divans, until the Conference
of Paris shall have pronounced itself
on this subject. . . .

822

DOCUMENTS

Decree of the Caimacam of Wallachia Regarding Registration!

Ofisul Caimacamului Valahiei, A.
Ghica, No. 1,068, din 18 (30) Iulie
1857. Bucurescì.

Noi, Printul Alecsadru Dimitrie
Ghica caimacamul térei Romänesci.
Cátre Departamentul din láuntru.

Védénd raportul acelui Departa-
ment cu No. 5,623 din 17 Iulie, prin
care ni se aratá cá listele celor in drept
de a fi alegétori si alesi s'au intocmit
si s'aú tipárit, spre a putea fi publicate,
si cá urmeazá, de-odatá cu publicarea
si afigarea lor, sá se intocmeascá si
comitetele prevédute prin art. 5 al in-
altului impérátesc firman.

Noi poruncim:

Art. I. Aceste liste electorale se
vor publica indatá si se vor afisa in
orasele si satele districtului la cari ele
privesc, publicandu-se treptat si prin
“ Buletinul oficial.”

Art. IL Comitetele insárcinate cu
cercetarea reclamatiilor vor incepe lu-
crárile lor la 22 Iulie.

Aceste comitete vor fi compuse, in
fie-care district, de cätre membrii si
un supleant al consiliuluí municipal
al orasului de resedintä, si de cátre
membrii Tribunalului judetului, sub
presedinta administratorului, ast-fel
ca complectul fie-cärui comitet sà fie
de noué membrii.

Office of the Caimacam of Walla-
chia, A. Ghica, No. 1,068, July 18/30,
1857.

We,
Ghica, Caimacam of Wallachia.
the Department of the Interior.

In view of the report of this De-
partment, No. 5,623, dated July
17/29, by which it is brought to our
notice that the electoral lists have been
drawn up and printed, for the purpose
of being published, and that, simul-
taneously with the publication and
posting of these lists the committees
provided by Article 5 of the imperial
Firman should be constituted.

Prince Alexander Dimitrie
To

Decree :

Article I. The electoral lists shall
be published immediately and posted
in the cities and towns of the respec-
tive districts. They shall also be
made public by means of the “ Bule-
tinul oficial.”

Article II. The committees en-
trusted with the examination of com-
plaints shall begin their labors on
July 22/August 3.

These Committees shall be com-
posed, in each district, of the members
of the municipal council of the chief
city and a substitute, as well as of
the members of the tribunal of the
district, under the presidency of the
prefect, in such manner that the com-
plement of each committee shall be
nine members.

1 Acte si documente, renascerei Romaniei, vol. 5, p. 308.

MOLDAVIA AND WALLACHIA, 1857

In Bucuresci comitetul va fi compus
de membrií Consiliului municipal si
de membrii tribunaluluí civil sestia I,
si se va presida, pentru reclamatiile
privitoare la proprietariî de mosii, de
cátre administratorul districtului ; iar,
pentru reclamafiile asupra listelor din
oras, comitetul va fi presidate de cátre
vornicul orasului.

Art. III. Hotárarile comitetului
se dati cu majoritatea glasurilor, cari
trebue sá fie cel putin de cinci.

Art. IV. Persoanele carí ar re-
clama inscrierea lor, ca netrecute in
liste, dintr’o priciná saú alta, trebue
sà arate deslusit, in reclamatia d-lor,
temeiurile pe cari cer a fi inscrise si
acea reclamatie trebue sà cuprinda si
declaratie cà persoana subscrisá nu
este trecutà in vre-un alt judet.

Celor cari, dupa raportul acestui
Departament, n'aú corespuns la che-
marea ce li s'a facut de a’si alege dom-
iciliul, macar cá cu aceasta.a adus in-
tardiere la lucrarea listelor, li se mai
acorda-anca un termen de dece dile
de la 22 Iulie inainte, spre indeplinirea
acestel formalitàti; iar, dupa espirarea
acestui termen, vor fi considerati ca
’si-ati ales domiciliul acolo unde se
aflá acum inscrisi.

Art. V. Presedintele comitetului
va insemna indatá pe reclamafie diua
in care are a se infätisa reclamantul
spre dovedirea. drepturilor sale si re-

823

At Bucharest the committee shall
be composed of the members of the
municipal council and the members of
the first section of the civil tribunal
and shall be presided over, when con-
sidering all protests concerning the
landed proprietors, by the prefect of
the district and, in all concerning the
lists of the cities, by the mayor of the
city.

Article III. The decisions of the
committee shall be taken by majority
vote, the number of members voting
being five at least.

Article IV. The persons who, not
having been inscribed on the electoral
lists, for whatever reason, shall claim
the right to be so inscribed, shall make
a concise statement of the rights on
which they base their claims. More-
over, each claim shall bear the formal
declaration of the claimant to the ef-
fect that he is not listed in any other
district.

As for those persons who, accord-
ing to the report of the Department of
the Interior, have not satisfied the
obligation imposed on them of choos-
ing a domicile, although they have by
so doing delayed the preparations of
the lists, they shall nevertheless be ac-
corded a period of ten days, dating
from July 22, in which to comply with
this formality. On the expiration of
this period they shall be considered
to have elected their domicile in the
district where they are actually listed.

Article V. The president of the
committee shall indicate on each claim,
on its presentation, the day on which
the claimant shall present himself be-

824 DOCUMENTS

clamantul va iscäli cà i-s’a arátat diua
hotàratà spre infätisare.

Art. VI. Dupá espirarea terme-
nuluí de 30 de dile, nu se va mai putea
primi nici o reclamatie.

Departamentul din láuntru este in-
sárcinat a aduce la indeplinire cuprin-
derea acestui al nostru ofis, dandu-i si
cuviincoasa publicitate. Se va inte-
lege si cu acela al dreptatii pentru
membrii tribunalelor de judete, spre
a lua parte la lucrárile la care se chem.
(Urmeazá semnätura Mariei Sale)

Secretarul Statului Al. Dimitrescu.

fore the committee in order to prove
his right; the claimant shall, for his
part declare over his own signature
that he has been notified of the day
of appearance.

Article VI. On the expiration of
the period of thirty days no more
claims shall be accepted.

The Department of the Interior is
charged with the execution and pub-
lication of the present decree. It
shall act jointly with the Department
of Justice in all that concerns the
members of the tribunals called to take
part in the work of the committees.

(Signed) | Mariei Sale.
Secretary of State, Al. Dimitrescu.

Identic Note of Aali Pacha to the Representatives of France, Prussia, Russia
and Sardinia *

Constantinople, 4 aoút 1857.

Les graves communications que
vous, M....... , ainsi que trois autres
chefs de mission, nous avez faites en
dernier lieu, relativement aux élections
de Moldavie, ont été prises en trés-
sérieuse considération par les minis-
tres de la Sublime-Porte, et portées a
la connaissance de Sa Majesté le Sul-
tan.

Le gouvernement impérial se croit
justifié en ne modifiant pas un prin-
cipe fixé en commun, aussi longtemps
qu’une entente entre tous ne sera pas

Constantinople, August 4, 1857.

The grave communications which
you, M. ....... , as well as the three
other heads of missions have made to
us on the last occasion, regarding the
elections in Moldavia, have been taken
under very serious consideration by
the ministers of the Sublime Porte
and brought to the knowledge of His
Majesty the Sultan.

The Imperial Government believes
itself to be justified in not modifying
a principle which has been fixed in
common, so long as an agreement be-

1 Arch. dip., 1866, pt. 2, p. 70. This reply of the Porte being unsatisfactory, diplomatic
relations between Turkey and France, Prussia, Russia and Sardinia were broken on August 5

and 6.

ie -

MOLDAVIA AND WALLACHIA, 1857

établie; mais il declare sincerement,
des á présent, que, s'il est constaté
d'une manière officielle et légale que
les illégalités dont on se plaint, dans
l'exécution des ordres de Sa Majesté
le Sultan, ont été réellement commises
par les agents de la Sublime-Porte qui
étaient chargés de cette exécution, il
n'hésitera pas à remplir, en pareil cas,
les devoirs de justice qui lui incom-

bent.

Néanmoins, la Sublime-Porte espère
fermement que vous reconnaitrez
aussi de votre côté, M..... , qu'avant
de prendre une mesure d’une aussi
évidente gravité, elle est dans l’obli-
gation de vérifier et constater de quelle
façon il a été procédé à l'exécution de
ses propres ordres; et, comme le
moyen le plus facile de pratiquer cette
enquête lui semble être d'appeler ici
les caimacans, en leur qualité de
chefs des administrations provisoires
chargés de l'exécution des ordres dont
il s’agit on leur écrirait de se rendre
aussitôt à Constantinople, en confiant
a un vékil (substitut) l'administration
temporaire du pays.

A leur arrivée ici, les caimacams
seraient interrogés sur leur conduite,
en ce qui touche la manière dont ils
ont rempli les ordres qu’ils étaient
chargés d'exécuter, et, après les inves-
tigations les plus minutieuses, un
examen sérieux et approfondi, le ré-
sultat de l’enquête serait soumis au
jugement équitable des légations des
hautes puissances contractantes.

825

tween all shall not have been estab-
lished; but he declares sincerely that
from the present, if it is proved in an
official legal manner that the illegali-
ties complained of in the execution of
the orders of His Majesty the Sultan
have been really committed by the
agents of the Sublime Porte, who
were entrusted with the execution, it
will not hesitate to carry out, in such
a juncture, the measures of justice
which are necessitated by it.

Nevertheless the Sublime Porte
firmly hopes that you will recognize
on your side, M. ... that before
taking a measure of such obvious
gravity, it is under the obligation to
verify and establish the question of
how the execution of its order has
been proceeded with; and, as the easi-
est means of proceeding with this in-
quiry seems to it to be to summon the
Caimacams here, in their quality of
heads of the provisional administra-
tion charged with the execution of
the orders which are in question, they
shall be instructed to repair at once
to Constantinople, leaving to a vékil
(substitute) the temporary adminis-
tration of the country.

On their arrival here, the Caima-
cams shall be interrogated concerning
their conduct, in all that touches the
manner in which they have carried out
the orders which they were instructed
to execute, and after the most minute
investigations and a serious and pro-
found examination, the result of the
inquiry shall be submitted to the equi-
table judgment of the legations of the
high contracting powers.

826

S'il est donc officiellement prouvé
que des illégalités ont eu lieu, la Sub-
lime-Porte, pas plus que toute autre
des puissances contractantes, ne sau-
rait admettre des élections entachées
d'illégalité, et elle se fait un devoir de
déclarer dès aujourd’hui qu’en pareil
cas elle se croit fondée à les annuler.

Signé: AALI.

DOCUMENTS

If it is then officially proved that
illegalities have taken place, the Sub-
lime Porte can, no more than any
other contracting power, admit elec-
tions tainted with illegality, and it
makes it its duty to declare from to-
day that in such a case it believes
itself justified in annulling them.

Signed: AALI.

Manifesto of the Central Committee of Bucharest (Wallachia). August
3/15, 1857 1

En vertu des anciens droits de notre
pays, droits consacrés par les Capitu-
lations que nos princes moldaves et
valaques ont conclues avec la Sublime-
Porte, et en conséquence du Traité de
Paris du 18/30 mars 1856, voulant
conserver dans toute leur intégrité ces
droits de nos ancêtres, qui forment les
bases de notre autonomie, et respecter
en même temps les droits de suzerai-
neté de la Sublime-Porte, stipulés par
lesdites Capitulations, nous pouvons
résumer ainsi nos VŒUX :

1° Garantie de notre autonomie et
de nos droits internationaux, tels
qu'ils ressortent des Capitulations des
années 1393, 1460 et 1513; conclus
entre les pays roumains et la puissance
suzeraine; de plus, neutralité du ter-
ritoire moldo-valaque;

2% Union de Valachie et de la Mol-
davie en un seul État et sous un seul
Gouvernement ;

In virtue of the ancient rights of
our country, rights consecrated by the
Capitulations which our Moldavian
and Wallachian princes concluded
with the Sublime Porte, and in conse-
quence of the Treaty of Paris of the
18/30 of March, 1856, and wishing
to conserve in all their integrity these
rights of our ancestors, which form
the basis of our autonomy, and at
the same time respect the rights of
suzerainty of the Sublime Porte, stip-
ulated by the aforesaid Capitulations,
we may thus summarize our wishes :

1. À guarantee of our autonomy
and of our international rights, as
they are set forth in the Capitulations
of the years 1393, 1460 and 1513,
concluded between the Roumanian
countries and the suzerain power;
further, neutrality of the Moldo-
Wallachian territory;

2. The Union of Moldavia and
Wallachia into a single State and un-
der a single Government;

1 Arch. dip., 1866, pt. 2, p. 73. The date is August 3, O. S.

MOLDAVIA AND WALLACHIA, 1857

3° Prince étranger héréditaire, qui
serait choisi dans une dynastie rég-
nante de l’Europe, et dont les héritiers,
nés dans le pays, seraient élevés dans
la religion du pays;

4° Gouvernement représentatif avec
une seule assemblée générale, selon les
anciens usages. Cette assemblée se-
rait le produit d'un corps électoral,
formé d’après un système assez large
pour que les intérêts de toutes les
classes de la société y fussent repré-
sentés. |

Telles sont les bases sur lesquelles
nous croyons qu'il est possible d'éta-
blir Porganisation politique des deux
Principautés roumaines.

Les réformes intérieures seraient
faites par l'assemblée générale, com-
posée d’après le principe exposé au
quatrième point et qui se réunirait
après l'établissement de la future con-
stitution des deux pays.

Toutefois, nous déclarons que no-
tre profession de foi peut se résumer
dans ces principes:

Respect du droit de propriété, de
quelque nature que ce soit;

Égalité de tous les Roumains devant
la loi;

Liberté individuelle et liberté du
travail pour le paysan.

Convaincus que, sur les quatre bases
" ci-dessus spécifiés, repose l’existence
politique et nationale de notre patrie,
nous, soussignés, investis du droit
électoral, devant confier le sort du
pays à des députés au Divan ad hoc,
nous engageons à ne donner nos suf-
frages qu'à ceux-là seulement qui,
avant le jour du scrutin, auront dé-

827

3. A foreign hereditary Prince,
who should be chosen from a reigning
European dynasty, and whose heirs,
born in the country, should be brought
up in the religion of the country.

4. À representative Government
with a single general assembly, ac-
cording to the ancient custom. This
assembly should be the result of an
electoral body, formed upon a system
sufficiently broad so that the interests
of all classes of society would be rep-
resented therein.

Such are the bases upon which we
believe that it is possible to establish
the political organization of the two
Roumanian Principalities

Internal reforms should be made by
the general assembly, constituted upon
the principle set forth in the fourth
point, and which would meet after the
establishment of the future constitu-
tion of the two countries.

At the same time, we declare that
our profession of faith may be
summed up in these principles:

Respect for the rights of property
of any kind whatsoever ;

Equality of all Roumanians before
the law;

Individual liberty and liberty of the
peasant to work.

Convinced that upon the four
bases above stated rests the political
and national existence of our country,
we, the undersigned, invested with the
right of suffrage, wishing to confide
the destiny of the country to the depu-
ties to the Divan ad hoc, pledge our-
selves to give our votes to those only
who, before the day of election, shall

828

claré, par écrit, qu’ils adhèrent à ces
quatre bases, qu’ils les soutiendront en
toute conscience et voteront, dans le
Divan ad hoc, à visage découvert et
non par bulletin secret.

Les membres des comités réunis :

Présidents: C. CREZSULESCO — L.
CALENDAROGLOU.

Vice-présidents: A. GoLesco —C.
BoASIANO — N. CHRISTOU.

Membres: P. PoENARIO — J. J.
PHILIPPESCO — E. PREDESCO — G.
Iorano — P. J. CERNETESCO — J.
PeNESco — N. Nenovicz — C. Ra-
COVIZZA — A. ORESCO — COSTAPHO-
ROU — KiriLov — KOULOGLOU — A.
PETRESCO — G. ROMANOV — PoLI-
CHRONIADI.

Bucharest, 3/15 aoút 1857.

DOCUMENTS

have declared in writing that they ad-
here to these four bases, that they will
support them conscientiously and that
they will vote in the Divan ad hoc,
openly and not by secret ballot.

Members of the united committees:

Presidents: C. CREZSULESCO — L.
CALENDAROGLOU.

Vice-presidents: A. GoLEsco — C.
Boasiano — N. CHRISTOU.

Members: P. PoENARIO — J. J.
PHILIPPESCO — E. PREDESCO — G.
Iorano — P. J. CERNETESCO — J.
PENESCO — N. NENovicz — C. Ra-
COVIZZA — A. ORESCO — COSTAPHO-
ROU — KIRILOV — KOULOGLOU — A.
PETRESCO — G. RomaNOv — PoLI-
CHRONIADI.

Bucharest, 3/15 August 1857.

Dispatches of Aalst Pacha to the Caimacam of Moldavia, Ordering a New
Election *

Constantinople, le 24 aoút 1857.

La Sublime-Porte, en vertu d’une
entente établie entre elle et les six
puissances consignataires du Traité de
Paris, vous ordonne:

1° D'annuler les élections qui ont
eu lieu dans cette province;

2° De reviser les listes électorales
sur la base suivante; savoir: l'applica-
tion des inteprétations données en Va-
lachie à quelques points douteux du
Firman électoral, dans les cas absolu-
ment identiques, sauf les cas particu-
liers à la Moldavie.

3° De procéder aux nouvelles élec-

1 Arch. dip., 1866, pt. 2, p. 74.

Constantinople, August 24, 1857.

The Sublime Porte, by virtue of an
agreement established between it and
the Six Powers, cosignatories to the
Treaty of Paris, orders you:

1. To annul the elections which
have taken place in this Province;

2. To revise the electoral lists on
the following basis, that is to say: the
application of the intepretations given
in Wallachia to several doubtful points
of the electoral Firman, in cases abso-
lutely identical, save in the cases pe-
culiar to Moldavia;

3. To proceed with new elections,

MOLDAVIA AND WALLACHIA, 1857

tions, à l’expiration de quinze jours,
à dater de la réception de cet ordre.

Constantinople 31 aoút 1857.

Monsieur le Prince, ma dépêche
télégraphique du 24 de ce mois vous
a fait connaitre la résolution prise par
la Porte, en conséquence d'une entente
entre elle-méme et les six autres puis-
sances qui ont signé le Traité de Paris,
pour annuler les élections de la Mol-
davie.

Par votre dépéche du 25, nous avons
appris quelle promptitude vous avez
mise à exécuter l'ordre de S. M. le
Sultan.

Je n'ai rien á ajouter relativement
aux instructions données dams mon
message indiqué ci-dessus.

Quant au mode d'exécution, je juge
aussi de mon devoir de faire con-
naitre à Votre Excellence l’opinion
réelle de la Sublime-Porte sur la ques-
tion.

Avant tout, j'ai l’honneur de vous
informer que le Gouvernement impé-
rial est aussi jaloux de ses droits im-
prescriptibles et est aussi déterminé à
les maintenir, qu'il a à cœur de rem-
plir les devoirs qui résultent de ses
engagements.

La Sublime-Porte ne peut donc pas
avoir d'autre désir que de voir accom-
plir, avec la plus grande droiture et la
plus grande fidélité, la partie de ses
engagements dont l'exécution est con-
fiée à des autorités qui tiennent d'elle
leur mandat.

Nous sommes d'opinion qu'afin de
réaliser ce désir, Votre Excellence ne
peut faire mieux que de suivre lit-

829

on the expiration of fifteen days, dat-
ing from the reception of this order.

Constantinople, August 31, 1857.

Prince, my telegraphic despatch of
the 24th of this month has acquainted
you with the resolution taken by the
Porte to annul the elections in Mol-
davia in consequence of the agreement
between it and the six other Powers
which have signed the Treaty of
Paris.

By your dispatch of the 25th, we
have learned with what promptness
you have put in execution the order
of His Majesty the Sultan.

I have nothing to add with regard
to the instructions given in my mes-
sage cited above.

As to the method of execution, I
judge it to be also my duty to ac-
quaint your Excellency with the real
opinion of the Sublime Porte on the
question.

I have, first of all, the honor of in-
forming you that the Imperial Gov-
ernment is as jealous of its impre-
scriptible rights and as determined to
maintain them, as it has the desire at
heart to fulfil the obligations which
result from its engagements.

The Sublime Porte can, therefore,
have no other desire than to see ac-
complished, with the greatest direct-
ness and fidelity, the part of its en-
gagements whose execution is con-
fided to the authorities who hold from
it their mandate.

We are of the opinion that, in order
to realize this desire, your Excellency
can not do better than to follow liter-

830

téralement les instructions du Firman
relatives aux élections, avec les inter-
prétations qui lui ont été données pour
la Valachie, instructions dont l’appli-
cation a été décrétée par toutes les
puissances, dans des circonstances
semblables, en Moldavie. De cette
facon, la responsabilité de Votre Ex-
cellence sera à couvert, et la Sublime-
Porte sera extrêmement charmée d'ap-
prendre que vous avez rempli ses in-
tentions.

La Porte, monsieur le Prince,
compte, dans cette importante affaire,
sur votre dévouement aux intéréts de
l’Empire en général et à ceux de la
Principauté en particulier.

Signé: AALI

DOCUMENTS

ally the instructions of the Firman
regarding the elections, with the inter-
pretations given to it for Wallachia,
instructions which, it has been decreed
by all the Powers, shall be applied to
analogous circumstances in Moldavia.
In this way the responsibility of your
Excellency shall be protected and the
Sublime Porte will be extremely
charmed to learn that you have car-
ried out its intentions.

The Porte, Prince, in this impor-
tant matter, counts on your devotion
to the interests of the Empire in gen-
eral, and to those of the Principality
in particular.

Signed: AALI.

Vote of Union with Wallachia Passed by the Divan ad hoc of Moldavia,
| October 7, 1857 *

Procès-verbal No. 7

“ Adunarea ad-hoc a Moldovei,
päsind pe calea ce i s'a prescris de
cátre Tratatul de Paris, adecá in-
cepénd a rosti dorintele férii,— in
fata lui Dumnedeü si a oamenilor, in
toatá curätenia cugetuluî, neavénd in
privire de cat drepturile si folosul na-
tiéi romane, declara ca cele intai, cele
mai mari, mai generale si mai na-
tionale dorinti ale terii sunt:

‘1. Respecterea drepturilor Prin-
cipatelor, si in deosebí a autonomiei
lor, in cuprinderea vechilor lor Capi-

Formal Minute No. 7

“ The Divan of Moldavia ad hoc,
proceeding in the manner prescribed
for it by the Treaty of Paris, that is,
beginning with an expression of the
desires of the country, before God
and mankind, in all clearness of con-
science, having nothing in view but
the rights and the welfare of the Ru-
manian Nation, declares that the
foremost, the greatest, the most gen-
eral, and the most national desires of
the country are:

‘1. Respect for the rights of the
Principalities and especially of their
autonomy, including their ancient

1 Acte si documente renascerei Romaniet, vol. 6, pt. 1, p. 68.

MOLDAVIA AND WALLACHIA, 1857

tulatii incheiate cu Inalta Poartá in
anii 1393, 1460, 1511 si 1634.

“2. Unirea Principatelor intr’un
singur Stat sub numele de Romania.

“3. Print stràin cu mostenirea tro-
nuluï, ales dintr'o dinastie domnitoare
de ale Europei, si ai carui mosteni-
tori sà fie crescuti in religia ferii.

“4. Neutralitatea pamintului Prin-
cipatelor.

“5. Puterea legiuitoare incredin-
tatà uneï obstesti Adunäri, in care
sá fie representate toate interesele na-
tiel.

“Toate aceste sub garantia colectivá
a Puterilor care aú subscris Tratatul
de Paris.”

831

Capitulations concluded with the

Sublime Porte in the years 1393,

1460, 1511, and 1634.

“2. Union of the Principalities in
a single State under the name of Ru-
mania.

“3. A hereditary foreign Prince,
elected from one of the reigning dy-
nasties of Europe, his heirs to be
reared in the religion of the land.

“4. The neutrality of the terri-
tories of the Principalities.

“5. A legislative power intrusted
to general Assemblies, in which all
the interests of the Nation shall be
represented.

‘ All this under the joint guarantee
of the Powers which signed the
Treaty of Paris.” |

Vote of Union with Moldavia Passed by the Assembly ad hoc of Wallachia,
October 9, 1857 1

Procès-verbal No. 6

“ Astáddi, 9 Octombrie, anul 1857,
Adunarea ad-hoc, adunandu-se in sala
sedintelor sale, a votat in unanimitate
urmátoarea formula:

“ Ne unim în principiú cu urmátoa-
rele patru punturi:

‘1. Chezáguirea autonomiei si a
drepturilor noastre internationale,
dupá cum sunt hotárite amindoué prin
Capitualatiile din anii 1393, 1460, si
1513, incheiate intre térile romane cu
Inalta Poartà suzeranà; precum si
neutralitatea teritoriuluí moldo-ro-
man.

Formal Minute No. 6

“To-day, October 9, 1857, the
Divan ad hoc, convened in the hall of
sessions, unanimously adopted the
following resolution :

“We are united, in principle, on
the following four points:

“1. The guarantee of our auton-
omy and of our international rights,
as both the former and the latter are
defined by the Capitulations of the
years 1393, 1460, and 1513, con-
cluded between the Rumanian coun-
tries and the Suzerain Sublime
Porte; as well as the neutrality of the
Moldavian-Rumanian territory.

1 Acte si documente renascerei Romantet, vol. 6, pt. 2, p. 43.

832

“2. Unirea férilor Romania si
Moldova intr'un singur Stat si sub un
singur Guvern.

“3. Principe stràin cu mostenirea
tronului, ales dintr’o familie domni-
toare d'ale Europei, ai cáruia mos-
tenitori näscuti in teará am dori sá fie
crescufi in religia ferii.

“4. Guvern constitufional repre-
sentativ, si, dupá datinele cele vechi
ale térii, o singurà Adunare obsteascä,
care va fi intocmitá pe o basá electo-
ralà indestul de largá, in cat sá repre-
sente interesele generale ale popula-
tieï romane.”

Eminentia Sa Presidentul convoca
apoï Adunarea pentru Vinerí la 10
ore, spre a proceda la alegerea unel
comisiuni pentru facerea unui mem-
orandum cátre Comisia europeaná
asupra acestor patru puniuri votate
de Adunarea intreagá.

Dupá aceasta, d-1 Joan Brätianu
propuse:

“1. Ca cancelaria Aundärii sá facá
mai intàiù o adresà cátre Comisia in-
ternationalä, prin care sá-1 facá cono-
scut votul Adunàrii si recunoscinta
Romänilor cátre toate Puterile gar-
ante.

“2. Sá se facá o adresá, care sá
se trimità fratilor nostri Moldoveni,
spre a-i felicita de initiativa ce ati luat
si a le face cunoscut cà, urmand si noi
pe calea ce ei ne-aú arátat, nu vom
mai fi în viitor decat un singur trup,
precum furám si vom fi un singur
suflet.”

DOCUMENTS

“2. The union of Rumania and
Moldavia in a single State under a
single Government.

“3. A hereditary foreign prince,
elected from one of the reigning
families of Europe, whose heirs,
born in this country, we should like
to have reared in the religion of the
land.

“4. A representative constitutional
Government and, according to the an-
cient usages of the country, a single
General Assembly organized on a
sufficiently broad electoral basis to
represent the general interests of the
Rumanian people.”

Thereupon His Eminence the
President called a meeting of the As-
sembly on Friday at 10 o'clock for
the purpose of proceeding to elect a
committee to draw up a memo-
randum for the European Commis-
sion in regard to the four points
adopted by the whole Assembly.

Mr. John Bratianu then proposed:

“1. That the secretary of the As-
sembly first of all address a communi-
cation to the International Commit-
tee, informing it of the vote of the
Assembly and expressing to it the
gratitude of the Rumanians toward
all the guaranteeing Powers.

“2. That a communication be ad-
dressed to our Moldavian brethren
in order to congratulate them on their
initiative and in order to make known
to them that we, following also in the
path which they pointed out to us,
shall never in future be aught but a
single body, just as we have been
and shall be a single soul.”

MOLDAVIA AND WALLACHIA, 1857

Adunarea aprobá in unanimitate,
insàrcinand biuroul pentru redactia
acestor adrese.

833

The Divan unanimously approved
the foregoing and instructed the sec-
retary to prepare the communication
in question.

Extracts from Report on the Reorganization of the Principalities of Moldavia
and Wallachia, Addressed to the Congress of Paris by the European Com-

mission. April 7, 18581

Constatation des vœux émis par les
Divans ad-hoc de Valachie
et de Moldavie.

La Commission instituée par l'art.
23 du Traité de Paris, pour préparer
les bases de la future organisation
des Principautés danubiennes, a été
chargée par l’instruction du Congrès
de prendre en considération l’opinion
émise par les Divans convoqués dans
chacune de ces Principautés.

La Commission a donc cru devoir
aborder sa tache par l’examen des
vœux du Divan de Valachie, qui a
mis fin à ses travaux le 26 (14) Dé-
cembre 1857.

Les députés valaques se sont bornés
à formuler et à développer les quatre
points suivants, exposés dans le
procès-verbal No. VIT:

“I. Garantie de l'autonomie et des
droits internationaux, tels qu'ils sont,
l'une et les autres, définis par les Ca-
pitulations entre les pays roumains et
la Sublime Porte Suzeraine dans les
années 1393, 1460, et 1513; ainsi que
la neutralité du territoire moldo-
roumain.

1 Acte si documente, vol. 6, pt. 2, p. 559.

Statement of the votes given by the
Divans ad hoc of Wallachia
and Moldavia.

The Commission instituted by Ar-
ticle 23 of the Treaty of Paris, to
prepare the bases of the future or-
ganization of the Danubian Princi-
palities, has been charged by instruc-
tion of the Congress to take into con-
sideration the opinion uttered by the
Divans convoked in each of these
Principalities.

The Commission has therefore
thought that it should begin its task
by the examination of the votes of the
Divan of Wallachia, which ended its
labors on December 14/26, 1857.

The Wallachian deputies limited
themselves to formulating and devel-
oping the four following points, re-
ported in formal minute No. VII:

“I. Guarantee of autonomy and
of international rights, as they are
both defined by the Capitulations be-
tween the Rumanian countries and
the Sublime Porte as Suzerain in the
years 1393, 1460 and 1513; as well
as the neutrality of the Moldo-Ru-
manian territory.

834 DOCUMENTS

“II. L'Union de la Roumanie en
un seul Etat et sous un seul Gouverne-
ment.

“III. Prince étranger avec l'héré-
dité du trône, élu dans une des dynas-
ties régnantes de l'Europe, dont les
successeurs, nés dans le pays, seraient
élevés dans la religion du pays.

‘IV. Gouvernement constitution-
nel représentatif, et, conformément
aux anciens usages du pays, une seule
Assemblée générale, qui soit assise sur
une large base électorale, de maniére
à représenter les intérêts généraux de
la population roumaine.”

Ici la Commission doit constater, en
premier lieu, la position qui lui est
faite par les circonstances dans les-
quelles elle se trouve placée. Les in-
structions ultérieures, que les Com-
missaires ont reçues de leurs Gou-
vernements, les mettant dans l'impos-
sibilité de discuter les questions aux-
quelles se rapportent précisément les
vœux ci-dessus mentionnés, il en ré-
sulte que la Commission ne peut abor-
der dans son rapport collectif aucune
des questions, sur lesquelles ont ex-
clusivement porté les votes du Divan
valaque.

Il n'est pas non plus de la compé-
tence de la Commission de constater,
si la manière de procéder du dit Divan
et si les Réglements adoptés pour la
marche de ses débats sont conformes
ou non aux prescriptions du Firman
de convocation; car elle n'a pris au-
cune part à l’élaboration de ce docu-

‘II. The Union of Rumania in a
single State and under a single Gov-
ernment.

“TI. A heriditary foreign prince
elected from one of the reigning dy-
nasties of Europe, whose successors,
born in the country, should be
brought up in the religion of the
country. |

“TV. À representative constitu-
tional government, and, in conform-
ity to the ancient customs of the
country, a single general assembly,
to be founded on a broad electoral
basis, in such a manner as to repre-
sent the general interests of the Ru-
manian people.”

Here the Commission must, in the
first place, state the position fixed for
it by the circumstances in which it
finds itself placed. The last instruc-
tions which the Commissioners have
received from their Governments,
placing them beyond the possibility
of discussing the questions to which
the statements above mentioned pre-
cisely relate, it follows that the Com-
mission can not approach in its col-
lective report any one of the ques-
tions upon which the votes of the
Wallachian Divan exclusively bear.

Nor is it any more within the com-
petence of the Commission to discuss
whether the manner of procedure of
the said Divan and the regulations
adopted for the conduct of its de-
bates, are in conformity with the pre-
scriptions of the Firman of convoca-
tion or not; for it has taken no part

MOLDAVIA AND WALLACHIA, 1857

ment et son mandat ne l’a point au-
torisée á en interpréter le sens.

Le Mémorandum du Divan valaque
forme une annexe au présent rapport;
ce document mérite, en raison de son
importance, d'étre consulté et apprécié
dans son ensemble; il parait donc su-
perflu d’entrer ici dans une récapitu-
lation minutieuse de son contenu,
ainsi que de faire une analyse générale
des actes et des délibérations enregis-
trés dans les procès-verbaux de l’As-
semblée.

Aussi, la Commission, ne pouvant
franchir les limites imposées par les
observations qui précédent, se bornera
á signaler brièvement les faits sui-
vants, sans toutefois prétendre di-
minuer l’importance de ceux dont elle
s'abstient de faire une mention spé-
| ciale.

Le Mémorandum du Divan valaque
fait valoir:

1. Que les Principautés ont tou-
jours respecté les liens qui les rat-
tachent à l’Empire ottoman et il dé-
clare que la reconnaissance de leurs
droits ne peut qu'augmenter la force
de cet Empire.

2. Il définit la nature des liens, qui
existent entre la Sublime Porte et les
Principautés, en cherchant également
à établir quels sont les droits de ces
Principautés. . . .

3. En demandant l’Union des Prin-
cipautés comme une satisfaction à ‘ac-
corder aux vœux du pays et comme
un moyen d'en augmenter les res-
sources, le Mémorandum fait valoir
les rivalités et les jalousies des fa-

835

in the elaboration of this document
and its mandate has not at all author-
ized it to interpret its sense.

The Memorandum of the Walla-
chian Divan forms an appendix to the
present report; this document de-
serves, by reason of its importance,
to be consulted and estimated in its
entirety; it therefore appears super-
fluous to enter here into a minute re-
capitulation of its contents, as, like-
wise to make a general analysis of the
acts and deliberations recorded in the
proceedings of the Assembly.

Moreover, the Commission, being
unable to overstep the limits i#hposed
by the preceeding observations, will
confine itself to pointing out briefly
the following facts, without however
pretending to diminish the impor-
tance of those of which it abstains
from making special mention.

The Memorandum of the Walla-
chian Divan sets forth:

1. That the Principalities have al-
ways respected the ties which bind
them to the Ottoman Empire and de-
clares that the recognition of their
rights can only augment the power of
this Empire.

2. It defines the nature of the ties
which exist between the Sublime
Porte and the Principalities, while
also seeking to establish what are the
rights of these Principalities. . . .

3. In demanding the Union of the
Principalities as a satisfaction to be
accorded to the wishes of the country
and as a means of augmenting its re-
sources, the Memorandum lays stress
on the rivalries and jealousies of the

836

milles indigènes, pour conclure à l’im-
possibilité d'un Gouvernement stable
d’un de leurs membres et prouver la
nécessité impérieuse de placer sur le
trône de la Moldo-Valachie un Prince
issu d'une des maisons souveraines de
l'Europe. . . .

4. Le Divan établit, en vertu des
Capitulations déjà invoquées le droit
de la nation d'élire ses Princes oú bon
lui semble et de les déclarer hérédi-
taires. Cependant les hautes Puis-
sances étant plus compétentes á faire
ce choix, il exprime sa confiance dans
leur sagesse et se montre persuadé que
l’élu du Congrès sera accueilli comme
s’il était l’élu de la nation elle-même.

Passant à l’etude des actes du Divan
moldave, qui n’a clos ses travaux que
le 21 Décembre 1857 (2 Janvier
1858), la Commission constate,
d’abord, que cette Assemblée a suivi
au début une marche analogue à celle
adoptée par le Divan de Valachie, en
formulant ses vœux dans les cinq
points suivants :

“I. Le respect des droits des Prin-
cipautés et particulièrement de leur
autonomie, d’après la teneur de leurs
anciennes Capitulations, conclues avec
la S. Porte en 1393, 1460, 1511 et
1634,

“TI. L'Union des Principautés en
un seul Etat, avec le nom de Rou-
manie.

“III. Un Prince étranger hérédi-
taire, élu parmi les dynasties rég-

DOCUMENTS

native families, in order to deduce the
impossibility of a stable government
by one of their members and to prove
the imperative necessity of placing
on the throne of Moldo-Wallachia a
Prince who is the issue of one of the
sovereign houses of Europe. . . .

4. The Divan establishes, in virtue
of the Capitulations already invoked,
the right of the nation to elect its
Princes wherever it thinks best and
to declare them hereditary. Never-
theless the great Powers being more
competent to make this choice, it ex-
presses its confidence in their wis-
dom and shows itself to be persuaded
that the elect of the Congress will be
received as though he were elected by
the nation itself.

Passing to the examination of the
acts of the Moldavian Divan, which
only closed its labors the 21st of De-
cember, 1857 (January 2d, 1858), the
Commission asserts, first, that this
Assembly followed in the beginning
a course analogous to that adopted
by the Divan of Wallachia by formu-
lating its wishes in the five following
points: |

‘I. Respect for the rights of the
Principalities and particularly for
their autonomy, according to the
tenor of their ancient Capitulations
concluded with the Sublime Porte in
1393, 1460, 1511 and 1634.

“IT. Union of the Principalities
in a single State, with the name of
Rumania. |

“III An hereditary foreign
Prince elected from among the reign-

MOLDAVIA AND WALLACHIA, 1857

nantes de l'Europe et dont les héri-
tiers seront élevés dans la religion du
pays.

‘“IV. Le neutralité du territoire des
Principautés.

“ V. Le pouvoir législatif confié à
une Assemblée generale. . . .*

Fait à Bucarest, le 7 Avril (26
Mars) 1858.

(Signés:) LIEHMANN, TALLEY-
RAND, H. L. BULWER, RICHTHOFEN,
BasiLy, BENZI, E. SAFVET.

837

ing dynasties of Europe, and whose
heirs shall be brought up in the re-
ligion of the country.

“TV. Neutrality of the territory
of the Principalities.

“V. Legislative power intrusted to
a general assembly. . . .*

Done at Bucharest, March 26/April
7, 1858.

(Signed:) LIEHMANN, TALLEY-
RAND, H. L. BULWER, RICHTHOFEN,
BasıLy, BENZI, E. SAFVET.

Vote of Wallachia Electing Alexander John Couza Prince of Wallachia,
January 24, 1859?

Principatele Unite. Adunarea elec-
tivá a Térei Romanesti.

Astázi, Sambata, in 24 lanuarie,
Adunarea electivà procedand la vot
pentru alegerea Domnului séú, re-
sultatul a fost cá, cu unanimitate, s'a
ales Alexandru loan 1 Cuza, Domnul
actual al Moldavei, si s'a proclamat
Domn si al Téreí Romänesti. Se
constatá acest resultat sub iscalitura
presedinteluï si ale secretarilor.

Presedintele (subscris),
NIFON, MITROPOLIT.
Secretari (subscrisi),
A. ARSACHE,
I. CANTACUZINO,
D. BRATIANU,
S. FALCOIANU.

The United Principalities.
Elective Assembly of Rumania.

To-day, Saturday, January 24, the
Elective Assembly having proceeded
to vote for the purpose of electing its
Prince, the result was that Alexander
John I Cuza, present Prince of Mol-
davia, was unanimously elected and
proclaimed Prince also of Rumania.
In witness whereof the signatures of
the President and of the Secretaries
are hereunto affixed.

(Signed) Niron MITROPOLIT,

President.
A. ARSACHE,
I. CANTACUZINO,
D. BRATIANU,
S. FALCOIANU,
Secretaries.

1 There follows a discussion of each of the points of the Moldavian vote regarding in-
ternal questions, with recommendations by the Committee.
2 Acte si documente renascerei Romaniei, vol. 8, p. 593. From the formal minute of the

Assembly.

THE IONIAN ISLANDS, 1863
Vote of the Ioman Assembly for Union with Greece. January 27, 1859!

. The Assembly of the Seven Islands proclaims that the sole and unani-
mous will (OéAyow) of the Ionian people has been, and is, the union of the
Seven Islands with Greece.

A committee of eleven members shall be appointed to submit to the chamber
its opinion on the ulterior measures suitable to the proclamation of union this
day adopted in the Assembly.

Petition of the Ionian Assembly to the Queen, January 30, 1857

To Her Majesty Victoria I., the most gracious Queen of the United Kingdom
of Great Britain and Ireland, Defender of the Faith, and Protectress of ©
the United States of the Ionian Islands, &c.

May it Please Your Majesty,

The people of the seven islands having always kept in vigour the idea of
its nationality, and desiring its union with free Greece, approaches with rever-
ence your most mighty throne, that it may lay upon the steps thereof the
authentic manifestation of this ever-glowing sentiment.

In the midst of the tribulations which have afflicted the Hellenic race, the
Ionian people has both preserved, throughout, its civilisation, and has main-
tained all along both its nationality and its independence.

The treaty contracted at Paris, on the 5th November, 1815, without the
intervention of the Ionian people, by which that people was placed under the
British Protectorate, had no other view than the preservation of a small coun-
try, which is both recognized and declared in this treaty as a single, | free, and
independent state.

To this purpose tend the duties assumed by the Protecting Power under
the treaty, and the political relations arising out of them between Great
Britain and the protected people. But after the establishment of the kingdom
of Greece, the reason failing which suggested these relations, there sprung up
spontaneously an ardent desire on the part of the Ionians for their political
union with the liberated portion of the nation to which they are indissolubly

1 From the “Mission of Rt. Hon. W. E. Gladstone to Ionian Islands, 1858,” British
Parliamentary Papers [2891], 1861, vol. 67, p. 61.

THE IONIAN ISLANDS, 1263 839

bound by descent, religion, language, recollections, and unbounded sacrifices
in a holy cause.

From this irrepressible sentiment flowed the obstructed manifestations of
the ninth Parliament, and the unanimous desire expressed by the eleventh
Parliament on the 20th June, 1857. Of this same ardent feeling and desire
of the entire lonian people, his Excellency too, the High Commissioner Ex- :
traordinary whom your Majesty has been pleased to dispatch to the Seven
Islands, has received authentic proofs.

Setting out from considerations such as these, the representatives of the
Ionian people, in their parliamentary sitting of 15/27 January, 1859, pro-
claimed with one voice, that “ the single and unanimous disposition (8éAmois)
of the lonian people has been, and is, for the union of the whole of the Seven
Islands with the kingdom of Greece.”

The lonian Assembly, submitting these representations, prays your Maj-
esty to be pleased to communicate this declaration to the other Great Powers
of Europe, and to cooperate with them to give effect to the sacred and just
desire of the Ionians.

The representatives of the Ionian people have a cheerful hope that the
Divine Grace which once armed the right hand of Britain on behalf of the
Hellenic nation, may again inspire your Majesty, so that by your mighty aid
this people may attain to its national reestablishment, and that ties, springing
out of profound gratitude and unalterable sympathy, may bind the hearts of
the Hellenic nation to the throne of your Majesty.

(Signed) D. FLAMBURIARI, President.
N. Lusi.
J. DUSMANI,

Secretaries.
Corfu, January 18/30, 1859. |

Address of the Lord High Commissioner on Delivering the Reply of the Queen
to the Petition of the Assembly. February, 1859!

Mr. PRESIDENT AND GENTLEMEN,

I have received, under date of 2d February, the answer of the Protecting
Sovereign to the petition of the Legislative Assembly of the Ionian State for
the union with Greece; as well as Her Majesty’s commands to make it known
without loss of time, and in the most solemn manner, to the Legislative

1“ Ionian Islands,” British Parliamentary Papers, 1861, vol. 67 [2891], p. 66. At the same

session a scheme for reforms in administration and legislative procedure was presented by
the Lord High Commissioner.

840 DOCUMENTS

Assembly and to the Ionian people, in order that both the one and the other
may fully and clearly comprehend their actual position,
The answer is as follows: —

VICTORIA REGINA.

Her Majesty has taken into Her gracious consideration the prayer of the
petition presented by the Legislative Assembly of the Ionian Islands, with
reference to the interests of the islands themselves, of the states in their
neighbourhood, and of the general peace.

Having regard to these objects, Her Majesty, invested as She is by the
Treaty of Paris with the exclusive Protectorate of the Ionian State, and con-
stituted the sole organ of that State in the councils of Europe, can neither
consent to abandon the obligations She has undertaken, nor can convey, nor
permit, any application to any other Power in furtherance of any similar
design. |

Her Majesty does not desire to impose new fetters on opinion; but She
will enforce, wherever it is placed in Her charge, the sacred duty of obedience
to the laws.

Her Majesty has adopted, on Her part, the measures which she deems
most conducive to the good of the lonian people; and She awaits the enlight-
ened cooperation of their Parliament.

V. R.

Dispatch from Sir H. Storks, K. C. B., to the Right Hon. Str E. B. Lytton,
Bart.*

(No. 31.) Corfu, February 21, 1859.
(Received February 28, 1859)
SIR,

1. Mr. Gladstone, in his Despatch No. 26 of the 17th instant, communi-
cated to you the proceedings of the Legislative Assembly up to that day.

2. On Friday, the 18th the committee appointed to draw up and lay
before the Chamber the answer to the several communications of the Lord
High Commissioner made their report.

3. A copy of the report was communicated to me privately, and went to
show that the committee considers that the Queen’s reply does not close the
question of union with Greece: —

(a.) Because it excludes the mode of attaining the object, i. e. a refer-
ence to Foreign Powers, which the Assembly had contemplated.

1“Ionian Islands,” British Parliamentary Papers, 1861, vol. 67 [2891], p. 76.

THE IONIAN ISLANDS, 1863 841

(b.) Because it does not conform to the declaration of the 15/27th
January. .

(c.) Because of the conduct of the Protecting Power during the present
session.

4. I do not trouble you with a copy of the proposed answer, because it
is simply a proposal, and is still under discussion.!

I have, &c.
(Signed) H. K. Srorxs.
The Right Hon. Sir. E. B. Lytton, Bart.,
Sic. Sic. &c.

‚Resolutions Presented to the Ionian Assembly, March, 1861? .
Proposal of Demetrio Baccomi

Mr. Gladstone, two years back, having persuaded us to submit to Her
Majesty the Queen of England the question of union, left, perhaps, with the
idea that he had succeeded in giving a final and negative solution to the struggle
between the Seven Islands and the Protection imposed upon them. Mr. Glad-
stone, without doubt, permitted this negative solution of the question to become
known under the cloud of artificial and studied phrases, in order to conceal the
object of his mission amongst us, and to show unclouded the political horizon
of his Government in respect to the question of union.

The English Government, unceasingly pursuing its own interests, pre-
tends to consider these as superior to the nationality and independence of
others. And in contradiction to the principles of liberty and love, which it
preaches to other nations, binding itself in an anachronism with the period in
which right throws off material forms, and the dead letter of treaties, in order
that it may become a fact, that is to say, a principle of sovereignty exercised
by the people,— have given to our imprescriptible national rights the form
most suitable to its interests, and considered the Islands as a series of rocks
and military stations, exclusively serving English interests. . . .

In virtue of the new law of Europe, which solemnly proclaimed and
recognised, that is, inscribed on the summit of the pyramids of civilisation, the
will and sovereignty of the people; and the result of the union of these two

1 The answer was adopted and presented to the Lord High Commissioner by a deputa-
tion from the Assembly on Feb. 28. For a French translation of the address of the deputa-

tion see Francois Lenormant, La Question Ionienne devant PEurope, pp. 144-145, Paris, 1859.
2 “Tonian Islands,” British Parliamentary Papers, 1861, vol. 67 [2891], pp. 7, 8.

342 DOCUMENTS

principles is such that it has obtained the respect of Europe, whose arms do
not unite to destroy, in the hands of the people, the principles proclaimed, not
interfering with the acts of the people, so that by the rights of nationality and
the acquirement of their lost independence they may all live in one State, the
emanation of independence, of the same species, and the same form as the na-
tional character, from which proceeds the true union of political existence and
cohabitation.

For the above reasons, 1 am therefore of opinion that an appeal should
be made by the Chamber, to the people of the Seven Islands, who shall pro-
claim by “ universal suffrage,” and the new means accepted, viz., the national
will and sovereignty of the people, its “ independence ” and its non-dependence
on English protection, which it must vote against, annulling and repudiating,
by means of universal demonstration (one of the chief rights), the right of
the Protection to be the author of its liberty, autonomous and independent, by
annulling the treaty imposed in 1815, from which is derived the unjust con-

tinuation of forei rotection. .
Sn P tion (Signed) DEMETRIO BACCOMI.

The Representatives of the Seven Islands,

To the Representatives of the Peoples, to the Governments, and to the Philan-
thropists of Christian Europe.

The Greek Assembly of the Ionian Islands, and itself the organ of the
wishes, the rights, and of the demands of the eternally and continuously indi-
visible Greek people assembled in the present critical circumstances of the
East, feels imposed upon it the exalted duty of national action by words, al-
though it thinks that unjustly, and by the material power of the stronger, the
Seven Islands are excluded, against their will (0éAnows) and solemn declara-
tion, from the Greek kingdom to the detriment of the Greek race and of Euro-
pean interests, it hastens, notwithstanding, to continue its labours, and in the
position of affairs, turns to the Christian world in favour of rights and inter-
' ests, both of itself and of the nation, to which are attached those of the peace
of Europe. |

The Seven Islands, having maintained in the midst of grave circum-
stances, in the exercise of their rights relative to their emancipation, a legiti-
mate conduct and incomparable order, in the same way that the most civilised
people boast of in their politics, have the right to make their voice heard, and
are not discouraged if from their weakness their words are despised. . . .
Let England restore to the kingdom of Greece the trust, which before the for-
mation of that kingdom was confided to her on account of circumstances

THE IONIAN ISLANDS, 1863 343

which have long ceased to exist. This is the first step which the interest of
Europe and the rights of Hellenism (rà Sixata rijs “EdAquixórnros) require. The
question (Zyrnpa) of the union of the Seven Islands to the existing (vv) Greek
kingdom is not a question. This even on behalf of England herself, by the
English Government itself, has lately been solved by the communication which
the administration of England addressed, on the 15/27 of October 1860, to
the English Ambassador at Turin, and by the whole conduct of the English
Government as regards Italian affairs. Truth and justice are not changed
by place and nationalities.

These are, and must be, the same, whether for an Englishman, for an
Italian, or for a Greek, in short, for the strong as for the weak; and duty
requires in a greater degree (ériraxwrepou) on the part of the stronger, the
execution and fulfilment of the principles and dogmas acknowledged and pro-
claimed by himself (7as’ dvrov rou Wdiov).

Europe, casting a single glance on Greece, and the Ionian Islands, can
easily convince herself that Greeks have all those requisites necessary that
there should no longer be withheld from them the political direotion of their
beautiful country, the independence and peace of which, consolidated as it
should be, interest the freedom and the security of the whole European society.

(Signed) Cosma PANARETOS,
Georgios BERIKIOS,
CONSTANTINO LOMBARDO.
House of Assembly, 25 (0.s.) February 1861

Notification of Warning by the Lord High Commissioner to the Assembly.
March 12, 1861!

Message from his Excellency the Lord High Commissioner to the Most Noble
the Legislative Assembly

The Lord High Commissioner has perceived that two documents have
been laid on the table of the Most Noble the Legislative Assembly, and now
stand on the order of the day for discussion; one inviting the Legislative
Assembly to call on the Ionian people to declare by universal suffrage the
national desire to be united to the kingdom of Greece; the other purporting
to be an appeal from the Representatives of the Seven Islands to the repre-
sentatives of the peoples, to the governments and to the philanthropists of
Christian Europe.

The Lord High Commissioner is desirous of carrying forbearance to the

1 “Tonian Islands,” British Parliamentary Papers [2891], 1861, vol. 67, pp. 10, 11.

844 DOCUMENTS

utmost limits of his duty as the Representative of the Sovereign Protectress
of these States. His Excellency thereof warns the Legislative Assembly that
the proposals now standing in the order of the day are clearly contrary to the
constitution, and as such can not be entertained or discussed.

The Lord High Commissioner hopes that nothing will be permitted to
divert the Legislative Assembly from its true functions of useful legislation
for the good of the country; and, having now informed that body that these
proposals are unconstitutional, his Excellency trusts to its prudence and pa-
triotism to remove them from the order of the day.

Given at the Palace of St. Michael and St. George, Corfu, this 12th day of
March, 1861.
By command of his Excellency,
H. DRUMMOND WOLFF,
Secretary to the Lord High Commissioner.

Prorogation of the Assembly. March 12, 1861 *

This Message ? not having produced the effect hoped for by his Excellency,
of causing the withdrawal of the unconstitutional proposals from the order
of the day, the Lord High Commissioner has been compelled with reluctance
to prorogue the Legislative Assembly for six months.

Given at the Palace of St. Michael and St. George, Corfu, this 12th day of
March, 1861.
By his Excellency’s command,
H. DRUMMOND WOLFF,
Secretary to the Lord High Commissioner.

Dispatch of Earl Russell to the British Representatives at Foreign Courts
Concerning Announcement that the Question of Union Shall be Left to the
Ionian Assembly *

Earl Russell to Lord Bloomfield *

Foreign Office, June 10, 1863.
My Lorp,
The time is at hand when Her Majesty’s declaration of her readiness to

1 “Tonian Islands,” British Parliamentary Papers, 1861, vol. 67 [2891], p. 12.

2 See supra.

8 Brit. St. Pap., vol. 57, p. 1067.

4Laid before Parliament in 1863. Similar dispatches were addressed to Earl Cowley,
Sir A. Buchanan, and Lord Napier.

THE IONIAN ISLANDS, 1863 845

consent to the union of the lonian Islands with Greece, if the Ionian Islands
should themselves desire that union, must be followed by practical measures;
and Her Majesty's Government are anxious, before taking further steps, to
free the subject from ambiguity. As, therefore, some unfounded notions
are entertained with respect to those Islands, it may be useful that I should
call your Excellency’s attention to the truth regarding their position, their
rights, and their future condition.

The Ionian Islands are not, as some persons appear to suppose, a part of
the possessions of the British Crown. They form the Republic of the Seven
Islands, placed by Treaty under the protection of the Sovereign of the United
Kingdom, his heirs and successors.

The manner in which these Islands came under the protection of the British
Crown, is well known to all those who are acquainted with the European trans-
actions of 1815. Provisions relating to them were not included among the
Articles of the General Treaty concluded at Vienna ! in the month of June of
that year. But on the 4th of June? of that year, the Plenipotentiaries of the
4 Powers, Austria, Great Britain, Prussia, and Russia, being assembled, re-
corded in a Protocol what had passed at their Conference of that day.

The Plenipotentiary of Austria declared that the question of the possession
of the Ionian Islands being connected with the tranquillity of Italy, and of the
former Venetian Provinces, the Court of Austria would charge itself with
the protection of these Islands, and would guarantee to them the maintenance
of their laws and privileges.

But the Plenipotentiaries of Russia said, that desiring nothing else than
to assure to the inhabitants of those Islands the happiest lot, and that most
appropriate to their situation, they thought it their duty to promote the wish
of the inhabitants of those Islands, that they should remain under the protec-
tion of Great Britain. The Plenipotentiaries of Russia also remarked that
Count de Capodistrias, who had been charged specially with this matter, being
absent, they could not then make any definite arrangement, and they proposed
an adjournment; and this proposal was finally adopted.

It is well known that Count de Capodistrias, who at that time enjoyed great
favour with the Emperor Alexander, was zealous in behalf of the nationality
and freedom of his countrymen. Knowing that the lonian Islands could not
stand alone as an independent State, he wished to place them under the pro-
tection of Great Britain, whose institutions, framed on principles of liberty,
he desired to see established among a people of Greek habits and language.

These desires of Count de Capodistrias were, by the influence of the Court
of Russia, and with the consent of Great Britain, accomplished by the Treaty

1 Brit. St. Pap., vol. 2, p. 3.
2 Ibid. p. 744.

846 DOCUMENTS

of Paris of November 5, 1815,! between Great Britain, Austria, Russia and
Prussia. |

The preamble of this Treaty recites that the Powers concerned, ‘ animated
by the desire of prosecuting the negotiations adjourned at the Congress of
Vienna, in order to fix the destiny of the 7 Ionian Islands, and to ensure the
independence, liberty, and happiness of those Islands, by placing them and
their Constitution under the immediate protection of one of the Great Powers
of Europe, have agreed to settle definitively by a special Act whatever relates
to this object, &c.”

Article 1 of this Treaty declares that “ the Islands of Corfu, Cephalonia,
Zante, Santa Maura, Ithaca, Cerigo, and Paxo, with their dependencies, such
as they were described in the Treaty between his Majesty the Emperor of all
the Russias and the Ottoman Porte, of the 21st of March, 1800,? shall form
a single, free, and independent State, under the denomination of the United
States of the Ionian Islands.”

The fourth Article declares that “the Lord High Commissioner of the
Protecting Power shall regulate the forms of convocation of a Legislative
Assembly, of which he shall direct the proceedings, in order to draw up a new
Constitutional Charter for the State, which His Majesty the King of the
United Kingdom of Great Britain and Ireland shall be requested to ratify.”

Article V is as follows:

“In order to ensure without restriction to the inhabitants of the United
States of the Ionian Islands the advantages resulting from the high protection
under which these States are placed, as well as for the exercise of the rights
inherent in the said protection, His Britannic Majesty shall have the right to
occupy the fortresses and places of those States, and to maintain garrisons
in the same.”

A like provision places under the order of the Commander-in-Chief of the
troops of His Britannic Majesty the military force of the said United States.

It appears clear from these provisions that the intention of the High Allied
Powers was to found in the Seven Islands a free, independent State, which,
by the protection of so powerful a country as Great Britain, might develope
its resources without fear of external aggression or internal anarchy.

It appears, also, from Article V that the main object of the stipulation
placing the fortresses in the hands of Great Britain was to insure “to the
inhabitants of the United States of the Ionian Islands the advantages resulting
from the high protection under which the States are placed.”

The Constitution established in execution of the Articles of the Treaty
contained in Article IV a provision that “the established language of the

1 Brit. St. Pap., vol. 3, p. 250.
2 Ibid., p. 255.

THE IONIAN ISLANDS, 1863 847

States is Greek,” thus showing conclusively that the intention of Count de
Capodistrias to create a Greek nationality was steadily kept in view by Great
Britain, as the State entrusted with the Protectorate.

The British Government having received this trust, have endeavored faith-
fully to discharge the duties imposed upon them by the Allied Powers. In
spite of many obstacles, they have ameliorated in all respects the condition of
the inhabitants. With regard, however, to the exercise of the constitutional
functions of the Lord High Commissioner and the Legislative Body, com-
plete harmony has seldom prevailed between them. But the great change
which took place in the condition of some of the neighboring Turkish Prov-
inces, when the Greek people of those Provinces asserted their independence,
altered materially the political condition of the inhabitants of the Seven Islands.
From that time the sympathies of the Ionian people began to turn towards
Greece, and when the Greek Kingdom became a recognized State of Europe,
the wish to be politically united with men of their own race took root among
the people of the Ionian Islands.

This wish has often been laid hold of as a pretext for factious opposition;
it has been expressed since 1850, at times when Great Britain could not listen
to it without yielding to projects of ambition very foreign from the freedom
of Greece. But in its origin and tendency there is something in this Ionian
wish of union with Greece which must obtain the respect of the British nation.

A love of independence in union with a kindred race has in itself claims to
regard from a nation which prides itself on its love of freedom.

It is thus that, with a view to strengthen the Greek Monarchy, to fulfil the
original objects of the foundation of the Ionian Islands as a State, and to
comply with the wishes frequently, though irregularly, expressed in the Ionian
Islands themselves, Her Majesty's Government have declared their readiness
to consent to the union of the Ionian Islands with Greece. °

Her Majesty's Government are not insensible of the value of Corfu as a
maritime and military station, nor are they unaware of the apprehensions
felt in Austria and Turkey at the prospect of the abandonment of the lonian
Islands by Great Britain. It has been suggested in England that Corfu might
be retained while the other Islands might be given up. But Her Majesty's
Government conceive that it would be a perversion of the trust confided to
them by Europe, and a breach of faith towards the Ionian people, if Great
Britain were to turn a portion of a single free and independent State under
her Protectorate, into a part of her military possessions, and to make Corfu
an element of her European power.

Her Majesty's Government propose, therefore, now that a King of Greece
has been recognized by the protecting Powers, to consult in the most formal
and authentic manner the wishes of the inhabitants of the Ionian Islands, as

848 DOCUMENTS

to their future destiny. If those wishes, deliberately expressed, should be in
favor of a union with Greece, Her Majesty's Government would propose that,
with a view to considering the future condition of the lonian Islands, a Con-
ference should be assembled, to consist of the Representatives of the Powers
who signed the Treaty of November, 1815, and of the protecting Powers, who
in 1827 and 1832, signed the Treaties by which the Kingdom of Greece was

constituted.

Lord Bloomfield.

I am, &c.,
RUSSELL.

P.S.— You are desired to read and give a copy of this despatch to Count

Rechberg.

Treaty between Great Britain, France and Russia, on the One Part, and Den-
mark. on the Other Part, relative to the Accession of Prince William of

Denmark to the Throne of Greece.

Au nom de la Très Sainte et Indi-
visible Trinité.

Leurs Majestés la Reine du Ro-
yaume Uni de la Grande Bretagne et
d’Irlande, l'Empereur des Français, et
l'Empereur de toutes les Russies, dé-
sirant aplanir les difficultés survenues
dans le Royaume de Gréce, placé sous
leur commune garantie, ont jugé
nécessaire de s'entendre sur les ar-
rangements à prendre, afin de réaliser
les vœux de la nation Grecque qui
appelent le Prince Guillaume de Dane-
mark au trône Hellénique.

De son côté, Sa Majesté le Roi de
Danemark, se rendant à l'invitation
de leurs dites Majestés, a consenti à
leur prêter son concours en vue de ce
résultat, conforme aux intérêts de la
paix générale.

Signed at London, July 13, 1863 *

In the name of the Most Holy and
Indivisible Trinity.

Their Majesties the Queen of the
United Kingdom of Great Britain
and Ireland, the Emperor of the
French, and the Emperor of all the
Russias, being anxious to smooth the
difficulties which have occurred in the
kingdom of Greece, placed under their
common guarantee, have judged it
necessary to come to an understand-
ing with regard to the arrangements
to be taken in order to give effect to
the wish of the Greek nation, which
calls Prince William of Denmark to
the Hellenic Throne.

His Majesty the King of Denmark,
on his part, responding to the invita-
tion of their said Majesties, has con-
sented to afford them his co-operation
with a view to that result, conform-
able to the interests of the general
peace.

1 Brit. St. Pap., vol. 53, p. 28. Ratifications exchanged at London, August 3, 1863.
Translation from British Parliamentary Papers, 1864, vol. 66 [3246], p. 4.

THE IONIAN ISLANDS, 1863

En conséquence Leurs Majestés la
Reine du Royaume Uni de la Grande
Bretagne et d'Irlande, l'Empereur des
Francais, et l'Empereur de toutes les
Russies d'une part, et Sa Majesté le
Roi de Danemark de l’autre, ont ré-
solu de conclure un Traité, et à cet
effet ont nommé pour leurs Plénipo-
tentiaires, savoir:

ARTICLE 1

Sa Majesté le Roi de Danemark,
d'accord avec le Prince Christian de
Danemark, agissant en qualité de tu-
teur de son fils puiné le Prince Chris-
tian Guillaume Ferdinand Adolphe
George, accepte pour ce Prince, encore
mineur, la Souveraineté héreditaire de
la Grèce, qui lui est offerte par le
Sénat et par l’Assemblée Nationale de
la Gréce au nom de la nation Hellé-
nique.

ARTICLE 2

Le Prince Guillaume de Danemark
portera le titre de George I, Roi des
Grecs.

ARTICLE 3

La Grèce, sous la souveraineté du
Prince Guillaume de Danemark, et la
garantie des 3 Cours, forme un Etat
monarchique, indépendant, constitu-
tionnel.

ÁRTICLE 4

Les limites du territoire Grec, dé-
terminées par l’arrangement conclu à

849

In consequence, their Majesties the
Queen of the United Kingdom of
Great Britain and Ireland, the Em-
peror of the French, and the Emperor
of all the Russias, on the one part, :
and His Majesty the King of Den-
mark on the other, have resolved to
conclude a Treaty, and have for that
purpose named as their Plenipoten-
tiaries, that is to say:

[ Here follow the names of plenipo-
tentiaries. |

ARTICLE 1

His Majesty the King of Denmark,
in accordance with the Prince Chris-
tian of Denmark, acting in the char-
acter of guardian of his second son
Prince Christian William Ferdinand
Adolphus George, accepts for that
Prince, a minor, the hereditary sov-
ereignty of Greece, which is offered
to him by the Senate and the National
Assembly of Greece in the name of
the Hellenic nation.

ARTICLE 2

The Prince William of Denmark
shall bear the title of George I, King
of the Greeks.

ARTICLE 3

Greece, under the sovereignty of
Prince William of Denmark, and the
guarantee of the three Courts, forms
a monarchical, independent and con-
stitutional State.

ARTICLE 4

The limits of the Greek territory,
determined by the arrangement con-

850

Constantinople entre les trois Cours
et la Porte Ottomane le 21 Jullet 1832,
recevront une extension par la réunion
des Iles Ioniennes au Royaume Hellé-
nique, à l’époque où cette réunion, pro-
posée par le Gouvernement de Sa
Majesté Britannique, aura été trouvée
d'accord avec les vœux du Parlement
lonien, et où elle aura obtenu l’assen-
timent des Cours d’Autriche, de
France, de Prusse, et de Russie.

DOCUMENTS

cluded at Constantinople between the
three Courts and the Ottoman Porte
on the 21st of July, 1832, shall re-
ceive an extension by the union of the
Ionian Islands with the Hellenic
Kingdom, when such union, proposed
by the Government of Her Britannic
Majesty, shall have been found to be
in accordance with the wishes of the
Ionian Parliament, and shall have ob-
tained the assent of the Courts of
Austria, France, Prussia, and Russia.

Protocol of the Conference Held in London by Plenipotentiaries of Austria,
France, Great Britain, Prussta and Russia. August 1, 1863 *

Présents: les Plénipotentiaires de
l’Autriche, de la France, de la Grande-
Bretagne, de la Prusse et de la Russie.

Le principal secrétaire d'Etat de Sa
Majesté Britannique pour les Affaires
étrangères a exposé les raisons qui
déterminent le Gouvernement de Sa
Majesté à s'entendre avec les Cours
d'Autriche, de France, de Prusse et
de Russie sur la révision du Traité
du 5 novembre 1815, en vertu duquel
les Iles Ioniennes ont été placées sous
la protection immédiate et exclusive
de la Grande-Bretagne. Animé du
désir de consolider par de nouveaux
arrangements le bien-étre des popu-
lations confiées jusqu'ici á sa sollici-
tude, le Gouvernement de Sa Majesté
Britannique considérerait la réunion
des Iles loniennes au Royaume hellé-
nique comme la solution la plus con-

Present: The Plenipotentiaries of
Austria, France, Great Britain, Prus-
sia and Russia.

The Principal Secretary of State
of Her Britannic Majesty explained
the reasons which induce the Govern-
ment of Her Majesty to come to an
understanding with the Courts of
Austria, France, Prussia, and Russia
as to the revision of the Treaty of
the 5th of November, 1815, in virtue
of which the lonian Islands were
placed under the immediate and ex-
clusive protection of Great Britain.

Animated by the desire to consoli-
date by new arrangements the welfare
of the people hitherto confided to its
care, the Government of Her Britan-
nic Majesty would consider the union
of the Ionian Islands to the Hellenic
Kingdom as the solution most con-

1 Martens, N. R. G., vol. 18, p. 53. Translation from “Tonian Islands,” British Parlia-

mentary Papers, 1864, vol. 66 [3247], p. 7.

THE IONIAN ISLANDS, 1863

forme aux intérêts mutuels des deux
pays, liés entre eux par une commu-
nauté d’origine et de croyance reli-
gieuse.

Les représentants d’Autriche, de
France, de Prusse et de Russie ont
déclaré :

Que leurs Cours reconnaissent
unanimement au Gouvernement de Sa
Majesté Britannique le droit de re-
noncer à l’exercice du protectorat ex-
clusif établi par le Traité du 5 no-
vembre 1815;

Qu'elles sont disposées á accorder
leur assentiment et à preter leur con-
cours à la réunion des Iles Ioniennes
au Royaume hellénique, si les voeux
du Parlement ionien se prononcent en
faveur de ce plan;

Qu'elles réservent au Gouverne-
ment de Sa Majesté Britannique de
consulter á ce sujet les représentants
. de l'Etat Septinsulaire:

Qu’apres avoir acquis la certitude
de l’adhésion de cette assemblée, les
Cours d'Autriche, de France, de
Prusse et de Russie se déclareront
prêtes à se concerter avec le Gouverne-
‘ ment de Sa Majesté Britannique sur
la rédaction définitive du Traité des-
tiné à placer l’arrangement proposé
sous la sanction d’un acte européen.

851

formable to the mutual interests of
the two countries, connected with
each other by community of origin
and of religious belief.

The Representatives of Austria,
France, Prussia, and Russia de-
clared : — .

That their Courts unanimously ac-
knowledged the right of the Govern-
ment of Her Britannic Majesty to
renounce the exercise of the exclusive
Protectorate established by the Treaty
of the 5th of November, 1815:

That they are disposed to grant
their assent and to lend their support
to the union of the Ionian Islands to
the Hellenic Kingdom, if the wish of
the Ionian Parliament should be pro-
nounced in favour of that plan:

That they reserve to the Govern-
ment of Her Britannic Majesty to
consult the Representatives of the
Septinsular State on this subject:

That after having obtained certain
knowledge of the assent of that As-
sembly, the Courts of Austria, France,
Prussia and Russia will declare them-
selves ready to come to an agreement
with the Government of her Britannic
Majesty with regard to the definitive
terms of the Treaty destined to place
the proposed arrangement under the
sanction of a European Act.

[Here follow signatures. ]

852 DOCUMENTS

Address of the Lord High Commissioner of the United States of the Ionian
Islands, to the Legislative Assembly of the Said States, Convoked for the
Purpose of Voting on the Question of Union *

“ MR. PRESIDENT AND GENTLEMEN,

“ You have already learnt from my proclamation the reasons which induced
the Protecting Sovereign to dissolve the late lonian Parliament. Her Maj-
esty the Queen, ever desirious of testifying her friendship and good will to-
wards the Greek nation, has, with a view to increase the territory and to con-
solidate the strength of the Greek Kingdom, intimated to the Powers of Eu-
rope her readiness to relinquish the Protectorate hitherto held by her over
these States in virtue of the treaty of 1815. Mindful of her solemn obliga-
tions, the Queen has been desirous of ascertaining from the Ionian people their
wishes in regard to their national future. Her Majesty, therefore, under the
powers reserved by the constitution, has convened a new Parliament as the
legal and authentic method of ascertaining these wishes. By means of the
provisions stipulated by the constitution, a full cognizance of the condition of
public affairs has been acquired by the Ionian people, and free and unbiased
elections have given them the opportunity of deliberately forming and ex-
pressing their opinion on a question so intimately connected with the national
interests. They have availed themselves of this opportunity by electing the
present Assembly, and I now call upon you, Gentlemen, to inform me in the
usual address, with a delay as short as you may consider proper, whether it
is or is not the desire of the people by whom you have been chosen, and whose
representatives you are, that the Protectorate of her Majesty the Queen, my
august Sovereign, over these States should cease, with the intent that the
Ionian Islands should form henceforth a portion of the kingdom of Greece
under his Majesty King George and his successors.

“ “In case your answer should be in favor of annexation to Greece, it will
be my duty to lay before you, by message, certain detailed arrangements which
are requisite for the completion of this measure:

41, It will be necessary that you should pass a resolution in the usual
constitutional form, by which, after the cessation of the British Protectorate,
and until the establishment of the new constitution, his Majesty the King of
the Hellenes shall be enabled to exercise in these States his rights of sov-
eignty, including those privileges and functions heretofore exercised by the
protecting Sovereign, the Lord High Commissioner, and the most illustrious
the Senate.

1 Corfu Gazette, October 3, 1863; Viscount Kirkwall, Four Years in the Ionian Islands,
vol. I, p. 300.

THE IONIAN ISLANDS, 1863 853

- ** 2. I shall propose to you, in the name of her Majesty, that, on the cessa-
tion of the payment of the sums heretofore reserved as the contribution for
military protection, and as the Civil List of the Lord High Commissioner,
there shall be reserved, as the first charge on the lonian revenue, the sum of
10,000/. yearly in augmentation of the Civil List of his Majesty King George.!

“*3. I shall call upon you to recognize all contracts and engagements en-
tered into by or on behalf of the lonian Government up to this time, and all
equitable claims on the same.

“*4. I shall also invite you to make provision for the preservation and
safeguard of the British cemeteries in this and the other islands.

“5. I shall have to inform you of the terms on which her Majesty's Gov-
ernment is prepared to come to a settlement of the debt of 90,289/.5s.7d. due
to Great Britain for arrears of military contribution.?

“* Should your vote be in favour of the cessation of the Protectorate, and
of the proposed union with Greece, it will be necessary that her Majesty the
Queen should invite the Powers parties to the treaty of November, 1815, to
revise that treaty, and, in conjunction with France, one of the Protecting
Powers of Greece, to make such arrangements as may tend to the future wel-
fare of these States and the permanent interests of Europe.?

‘I now leave you to your deliberations, and in so doing will merely echo
the wish expressed by her Majesty, that you may be guided to a wise decision,
and that the national happiness and prosperity of the lonian people may, by
your suffrages, be secured on a solid foundation.”

Decree of the Ionian Assembly for Union with the Kingdom of Greece. Sep-
tember 23, 1863 *

“ The Ionian Assembly, elected on the invitation of the protecting Powers,
and convoked in view of pronouncing on the subject of the restoration of the
Ionian people, manifesting faithfully their ardent desire and constant will, and
conforming itself to the declarations and votes passed on several preceding
occasions by the free Ionian Assemblies,

‘ Decrees,— That the islands of Corfu, Cephalonia, Zante, St. Maura,
Ithaca, Cerigo, and Paxo, as well as their dependencies, shall be united to the

1 This clause, as a compulsory measure, was objected to by the Assembly.

2 This debt was remitted by the British Government.

8 This was the only clause that might be interpreted as alluding to the destruction of the
fortifications. But surely the intention should have been more boldly and frankly expressed.

4 Quoted from Corfu Gazette, October 5, 1852, by Kirkwall, in Four Years in the Ionian
Islands, vol. 1, p. 303.

854

DOCUMENTS

kingdom of Greece, so as to form an integral part of it in perpetuity, forming
a single indivisible State, under the constitutional sceptre of his Majesty the
King of the Hellenes, George 1, and his successors.

“ Done in the Hall of the Assembly, September 23, year of grace 1863.”

Treaty Between Austria, France, Great Britain, Prussia and Russia, Regard-

ing the Union of the Ionian Islands to the Kingdom of Greece.

London, November 14, 1863 *

Au nom de la très-sainte et indivi-
sible Trinité.

Sa Majesté la Reine du Royaume-
Uni de la Grande-Bretagne et d'Ir-
lande ayant fait connaitre à Leurs
Majestés l'Empereur d'Autriche,
l'Empereur des Français, le Roi de
Prusse et l'Empereur de toutes les
Russies, que l’Assemblée Législative
des Etats-Unis des Iles Ioniennes, dú-
ment informée de l'intention de Sa
Majesté de consentir à Punion de ces
Iles au Royaume de Grèce, s’est pro-
noncée unanimement en faveur de
cette union; et la condition étabhe par

la dernière clause du Protocole signé :

par les Plénipotentiaires des Cinq
Puissances le 1° août dernier se trou-
vant ainsi remplie, Leurs dites Ma-
jestés, savoir, la Reine du Royaume-
Uni de la Grande-Bretagne et d’Ir-
lande, l'Empereur d'Autriche, l’Em-
pereur des Français, le Roi de Prusse,
et l'Empereur de toutes les Russies,
ont résolu de constater par un Traité
solennel l’assentiment qu’elles ont
donné à cette union, en stipulant les
conditions sous lesquelles elle s'ef-
fectuerait.

Signed at

In the Name of the Most Holy and
Indivisible Trinity.

Her Majesty the Queen of the
United Kingdoms of Great Britain
and Ireland having made known to
their Majesties the Emperor of Aus-
tria, the Emperor of the French, the
King of Prussia, and the Emperor of
all the Russias, that the Legislative
Assembly of the United States of the
Ionian Islands, having been duly in-
formed of the intention of Her Maj-
esty to consent to the union of those
Islands to the Kingdom of Greece,
has unanimously pronounced in fa-
vour of that union; and the condition
prescribed by the last clause of the
Protocol signed by the Plenipotentia-
ries of the Five Powers on the lst
of August last being thus fulfilled,
their said Majesties, that is to say,
the Queen of the United Kingdom
of Great Britain and Ireland, the Em-
peror of Austria, the Emperor of the
French, the King of Prussia and the
Emperor of all the Russias, have re-
solved to record in a solemn Treaty
the assent which they have given to
that union, stipulating at the same

1 Ratified January 2, 1864. Martens, N. R. G., vol. 18, p. 55. Translation from British

Parliamentary Papers [3247], 1864, vol. 66, p. 4.

THE IONIAN ISLANDS, 1863

A cet effet Leurs dites Majestés ont
nommé pour leurs Plénipotentiaires,
savoir :

ARTICLE 1. Sa Majesté la Reine
du Royaume-Uni de la Grande-Bre-
tagne et d'Irlande renonce, sous les
conditions ci-dessous spécifiées, au
Protectorat des Iles de Corfou, Cepha-
lonie, Zante, Sainte-Maure, Ithaque,
Cerigo, et Paxo, avec leurs dépen-
dances, que le Traité signé à Paris le
5 novembre 1815, par les Plénipoten-
tiaires de la Grande-Bretagne, d'Au-
triche, de Prusse et de Russie, a con-
stitué en un seul Etat libre et indé-
pendant, sous la dénomination d'Etats-
Unis des Iles loniennes, placé sous la
protection immédiate et exclusive de
Sa Majesté le Roi du Royaume-Uni
de la Grande-Bretagne et d'Irlande,
ses héritiers et successeurs.

Leurs Majestés l'Empereur d'Au-
triche, l'Empereur des Français, le Roi
de Prusse, et l'Empereur de toutes les
Russies, acceptent, sous les conditions
ci-dessous spécifiées, l’abandon que Sa
Majesté la Reine du Royaume-Uni de
la Grande-Bretagne et d'Irlande fait
du Protectorat des Etats-Unis des Iles
Ioniennes, et reconnaissent, conjointe-
ment avec Sa Majesté, l’union des dits
Etats au Royaume Hellénique.

ARTICLE 2. Les Iles Ioniennes,
aprés leur union au Royaume de

855
time the conditions under which it
shall be effected,

For this purpose their said Majes-
ties have named as their Plenipoten-
tiaries, that is to say: —

[Here follow the names of pleni-
potentiaries. |

ARTICLE 1. Her Majesty, the
Queen of the United: Kingdom of
Great Britain and Ireland renounces,
on the conditions hereinafter specified,
the Protectorate over the Islands of
Corfu, Cephalonia, Zante, Santa:
Maura, Ithaca, Cerigo, and Paxo,
with their dependencies, which, by the
Treaty, signed at Paris on the 5th of
November, 1815, by the Plenipoten-
tiaries of Great Britain, Austria,
Prussia and Russia, were constituted a
single free and independent State, un-
der the domination of the United
States of the Ionian Islands, placed
under the immediate and exclusive
protection of His Majesty the King
of the United Kingdom of Great Brit-
ain and Ireland, his heirs and suc-
cessors.

Their Majesties the Emperor of
Austria, the Emperor of the French,
the King of Prussia, and the Emperor
of all the Russias accept, on the con-
ditions hereinafter specified, the re-
nunciation by Her Majesty the Queen
of the United Kingdom of Great Brit-
ain and Ireland of the Protectorate
of the Ionian Islands; and, in con-
junction with Her Majesty, recognize
the union of the said States with the
Hellenic Kingdom.

ARTICLE 2. The Ionian Islands,
after their union to the Kingdom of

856
Grèce, jouiront des avantages d'une
neutralité perpétuelle, . . .

ARTICLE 3. Comme conséquence
nécessaire de la neutralité dont les
Etats-Unis des Iles Ioniennes sont ap-
pelés ainsi à jouir, les fortifications
construites dans l’Ile de Corfou et
dans ses dépendances immédiates,
étant désormais sans objet, devront
etre démolies, et leur démolition s'ef-
fectuera avant la retraite des troupes
employées par la Grande-Bretagne à
occuper ces Iles en sa qualité de Puis-
sance protectrice. Cette démolition
se fera de la manière que Sa Majesté
la Reine du Royaume-Uni de la
Grande-Bretagne et d'Irlande jugera
suffisante pour remplir les intentions
des Hautes Parties Contractantes.

ArticLE 4. La réunion des Iles
loniennes au Royaume Hellénique
n'apportera aucun changement aux
avantages acquis à la navigation et au
commerce étrangers en vertu de
Traités et de Conventions conclus par
les Puissances étrangères avec le
Gouvernement de Sa Majesté Brit-
tannique, en sa qualité de Protectrice
des Etats-Unis des Iles Ioniennes.

Tous les engagements qui résultent
des dites transactions, ainsi que des
règlements actuellement en vigueur,
seront maintenus et strictement ob-
servés comme par le passé.

En conséquence il est expressément
entendu que les bâtiments et le com-
merce étrangers dans les ports loni-
ens, et, réciproquement, les bâtiments
et le commerce Ioniens dans les ports

DOCUMENTS

Greece, shall enjoy the advantages of
a perpetual neutrality; . . .

ARTICLE 3. As a necessary con-
sequence of the neutrality to be thus
enjoyed by the United States of the
Ionian Islands, the fortifications con-
structed in the Island of Corfu and
its immediate dependencies, having no
longer any object, shall be demolished,
and the demolition thereof shall be
effected previously to the withdrawal
of the troops employed by Great Brit-
ain for the occupation of those
Islands in her character as Protecting
Power. This demolition shall take
place in such manner as Her Majesty
the Queen of the United Kingdom of
Great Britain and Ireland shall deem
sufficient to fulfill the intentions of
the High Contracting Parties.

ARTICLE 4. The union of the
lonian Islands to the Hellenic King-
dom shall not involve any change as
to the advantages conceded to foreign
commerce and navigation in virtue of
Treaties and Conventions concluded
by foreign Powers with the Govern-
ment of Her Britannic Majesty, in
her character of Protector of the
United States of the Ionian Islands.

All the engagements which result
from the said transactions, as well as
{rom the regulations actually in force,
shall be maintained and strictly ob-
served as hitherto.

In consequence, it is expressly un-
derstood that foreign vessels and com-
merce in Ionian ports, and, recipro-
cally, Ionian vessels and commerce in
foreign ports, as well as the naviga-

THE IONIAN ISLANDS, 1863 857

étrangers, de méme que la navigation
entre les ports loniens et ceux de la
Grèce, continueront à être soumis au
même traitement et placés dans les
mêmes conditions qu'avant la réunion
des Iles Ioniennes à la Grèce.

ARTICLE 5. La réunion des Etats
Unis des Iles loniennes au Royaume
de Grèce n'invalidera en rien les prin-
cipes établis par la législation exist-
ante de ces Iles, en matière de liberté
du culte et de tolérance religieuse;
conséquemment, les droits et immu-
nités consacrés en matière de religion
par les Chapitres 1 et V de la Charte
Constitutionelle des Etats Unis des
Iles Ioniennes, et spécialement la
reconnaissance de l'Eglise Grecque
Orthodoxe comme religion dominante
dans ces Iles; l'entière liberté du culte
accordée à l'Eglise de l'Etat de la
Puissance Protectrice; et la parfaite
tolérance promise aux autres com-
munions Chrétiennes,— seront main-
tenus après l'union dans toute leur
force et valeur.

La protection spéciale garantie à
l'Eglise Catholique Romaine, ainsi que
les avantages dont elle est présente-
ment en possession, seront également
maintenus; et les sujets appartenant
à cette communion jouiront dans les
Iles loniennes de la même liberté de
culte qui leur a été reconnue en Grèce
par le Protocole du 3 Février, 1830.

Le principe de l'entière égalité ci-
vile et politique entre les sujets ap-
partenant aux divers rites, consacré
en Grèce par le même Protocole, sera

tion between lonian ports and the
ports of Greece, shall continue to be
subject to the same treatment, and
placed under the same conditions, as
before the union of the lonian Islands
to Greece.

ARTICLE 5. The union of the
United States of the Ionian Islands
to the Kingdom of Greece shall in no
wise invalidate the principles estab-
lished by the existing legislation of
those Islands with regard to freedom
of worship and religious toleration;
accordingly the rights and immunities
established in matters of religion by
Chapters 1 and 5 of the Constitutional
Charter of the United States of the
Ionian Islands, and specifically the
recognition of the Orthodox Greek
Church as the dominant religion in
those Islands; the entire liberty of
worship granted to the Established
Church of the Protecting Power; and
the perfect toleration promised to
other Christian communions,— shall,
after the union, be maintained in their
full force and effect.

The special protection guaranteed
to the Roman Catholic Church, as well
as the advantages of which that
Church is actually in possession, shall
be equally maintained; and the sub-
jects belonging to that communion
shall enjoy in the Ionian Islands the
same freedom of worship which is
recognized in their favour by the Pro-
tocol of the 3rd of February, 1830.

The principle of entire civil and po-
litical equality between subjects be-
longing to different creeds, established
in Greece by the same Protocol, shall

858

pareillement en vigueur dans les Iles
Ioniennes.

ARTICLE 6. Les Cours de France,
de la Grande Bretagne, et de Russie,
en leur qualité de Puissances Garantes
du Royaume de Gréce, se réservent
de conclure un Traité avec le Gouv-
ernement Hellénique sur les arrange-
ments que pourra nécessiter la réu-
nion des Iles loniennes à la Grèce.

Les forces militaires de Sa Majesté
la Reine du Royaume Uni de la
Grande Bretagne et d'Irlande seront
retirés du territoire des Etats Unis
des Iles loniennes dans l’espace de
trois mois, ou plus tót si faire se peut,
après la ratification du susdit Traité.

ARTICLE 7. Les Cours de France,
de la Grande-Bretagne et de Russie,
s'engagent á communiquer aux Cours
d'Autriche et de Prusse le Traité
qu'elles auront conclu avec le Gou-
vernement Hellénique conformément
à l’Article précédent.

ARTICLE 8. Les Hautes Parties
Contractantes conviennent entr'elles,
qu'après la mise à exécution des ar-
rangements compris dans le présent
Traité, les stipulations du Traité du
5 Novembre, 1815, conclu entre les

Cours de la Grande Bretagne, d'Au- |

triche, de Prusse, et de Russie, relatif
aux Etats Unis des Iles Ioniennes,
cesseront d’être en vigueur, à l’excep-
tion de la clause par laquelle les Cours
d'Autriche, de Prusse, et de Russie
ont renoncé à tout droit ou prétention
particulière qu’elles pourraient avoir
sur toutes ou sur quelques-unes des

DOCUMENTS

be likewise in force in the Ionian
Islands.

ARTICLE 6. The Courts of France,
Great Britain, and Russia, in their
character of Guaranteeing Powers of
the Kingdom of Greece, reserve to
themselves to conclude a Treaty with
the Hellenic Government with regard
to the arrangements which may be
rendered necessary by the union of
the Ioman Islands to Greece.

The military forces of Her Majesty
the Queen of the United Kingdom of
Great Britain and Ireland shall be
withdrawn from the territory of the
United States of the lonian Islands in
three months, or sooner if possible,
after the ratification of the said
Treaty.

ARTICLE 7. The Courts of France,
Great Britain, and Russia engage to
communicate to the Courts of Austria
and Prussia the treaty which they
shall have concluded with the Hellenic
Government in conformity with the
preceding Article.

ÁRTICLE 8. The High Contract-
ing Parties agree that from and after
the coming into operation of the ar-
rangements comprised in the present
Treaty, the stipulations of the Treaty
of the 5th of November, 1815, con-
cluded between the Courts of Great
Britain, Austria, Prussia, and Russia,
relative to the United States of the
loman Islands, shall cease to be in
force, with the exception of the clause
whereby the Courts of Austria, Prus-
sia, and Russia renounced every right
or particular pretension which they
might have formed in respect to all

THE IONIAN ISLANDS, 1863

lles ou de leurs dépendances, recon-
nues par le Traite du 5 Novembre,
1815, comme formant un seul Etat
libre et indépendant, sous la dénomi-
nation des Etats Unis:des Iles Io-
niennes. Par le présent Traité Leurs
Majestés la Reine du Royaume Uni
de la Grande Bretagne et d'Irlande,
l’Empèreur d'Autriche, l'Empereur
des Francais, le Roi de Prusse, et
l'Empereur de toutes les Russies,
renouvellent et confirment la dite re-
nonciation en leur nom, pour leurs
héritiers et leurs successeurs.

ARTICLE 9. Le présent Traité sera
ratifié, et les ratifications en seront
échangées à Londres dans le délai de
six semaines, ou plus tôt si faire se
peut.

En foi de quoi les Plenipotentiaires
respectifs l'ont signe, et y ont appose
le cachet de leurs armes.

Fait à Londres, le quatorze Novem-
bre, en l’an de grace mil huit cent soi-
xante-trois.

(L.S.) RUSSELL,
(L.S.) WIMPFFEN,
(L.S.) CADORE,
(L.S.) BERNSTORFF,
(L.S.) Brunnow.

859

or any of those Islands or their de-
pendencies, recognized by the Treaty
of the 5th of November, 1815, as
forming a single free and independ-
ent State under the denomination of
the United States of the Iomian
Islands. By the present Treaty their
Majesties the Queen of the United
Kingdom of Great Britain and Ire-
land, the Emperor of Austria, the
Emperor of the French, the King of
Prussia, and the Emperor of all the
Russias, renew and confirm the said
renunciation in their name, for their
heirs and successors.

ARTICLE 9. The present Treaty
shall be ratified, and the ratifications
shall be exchanged at London in six
weeks, or sooner if possible.

In witness whereof, the respective
Plenipotentiaries have signed the
same, and have affixed thereto the
seals of their arms.

Done at London, the fourteenth
day of November, in the year of our
Lord one thousand eight hundred and

sixty-three.
(L. S.) RUSSELL.
(L. S.) WIMPFFEN.
(L. S.) CADORE.
(L. S.) BERNSTORFF.
(L. S.) BRUNNOW.

860

DOCUMENTS °

Treaty Between Great Britain, France and Russia on the One Part, and Greece
on the Other Part, Respecting the Union of the Ionian Islands with the

Kingdom of Greece.

Au Nom de la très-sainte et indivi-
sible Trinité.

Sa Majesté la Reine du Royaume-
Uni de la Grande-Bretagne et d’Ir-
lande a fait connaître à l’Assemblée
Législative des Etats-Unis des Iles
loniennes, qu’en vue de réunir éven-
tuellement ces Iles au Royaume de
Grèce, Elle était prête, si le Parle-
ment lonien en exprimait le vœu, à
faire abandon du Protectorat de ces
Iles, confié à Sa Majesté par le Traité
conclu á Paris, le 5 novembre 1815,
entre les Cours de la Grande-Bretagne,
d'Autriche, de Prusse et de Russie.
Ce vœu ayant été manifesté par un
vote de la dite Assemblée Législative,
rendu à l’unanimité des voix le 7/19
Octobre 1863, Sa Majesté Britannique
a consenti, par 1'Article 1” du Traité
conclu le 14 novembre 1863, entre Sa
Majesté, l’ Empereur d'Autriche, ’Em-
pereur des Francais, le Roi de Prusse
et l'Empereur de toutes les Russies, à
renoncer au dit Protectorat, sous de
certaines conditions spécifiées dans le
Traité précité et définies, depuis lors,
par les Protocoles subséquents.

De leur côté, Leurs Majestés l'Em-
pereur d'Autriche, l'Empereur des
Français, le Roi de Prusse et ’Em-
pereur de toutes les Russies ont con-
senti, par le même Article et sous les

Signed at London, March 29, 1864 *

In the name of the Most Holy and
Indivisible Trinity.

Her Majesty the Queen of the
United Kingdom of Great Britain and
Ireland has informed the Legislative
Assembly of the United States of the
lonian Islands that with reference to
the eventual union of these Islands
with the Kingdom of Greece, she is
ready, if the lonian Parliament should
express the wish, to give up the Pro-
tectorate of these Islands, confided to
Her Majesty by the Treaty of Paris
of November 5, 1815, between the
Courts of Great Britain, Austria, Rus-
sia and Prussia. This desire having
been manifested by a vote of the
aforesaid Legislative Assembly, given
with unanimity on October 7/19
1863, her Britannic Majesty, by Arti-
cle 1 of the Treaty concluded on the
14th of November, 1863, between His
Majesty, the Emperor of Austria, the
Emperor of the French, the King of
Prussia, and the Emperor of All the
Russias, has consented to renounce
the aforesaid Protectorate under cer-
tain conditions specified in the Treaty
cited, and defined, since then, by sub-
sequent protocols.

On their side, their Majesties the
Emperor of Austria, the Emperor of
the French, the King of Prussia and
the Emperor of All the Russias, by
the same article and under the same

1 Martens, N. R. G., vol. 18, p. 63. Ratified at London, April 25, 1864.

THE IONIAN ISLANDS, 1863

mêmes conditions, à accepter cette re-
nonciation et à reconnaître, conjointe-
ment avec Sa Majesté Britannique,
l'union de ces Iles au Royaume de
Grèce.

En vertu de l'Article V du Traité
signé à Londres le 13 juillet 1863,
il a été convenu en outre, d'un com-
mun accord, entre Sa Majesté Bri-
tannique et Leurs Majesté l’Em-
pereur des Français et l'Empereur de
toutes les Russies, que les Iles Io-
niennes, lorsque leur réunion au Ro-
yaume de Grèce aurait été effectuée,
comme l’Article IV du même Traité
l'a prévu, seraient comprises dans la
garantie stipulée en faveur de la
Grèce par les Cours de la Grande-
Bretagne, de France et de Russie, en
vertu de la Convention signée à
Londres, le 7 mai 1832.

En conséquence, d'accord avec les
stipulations du Traité du 13 juillet
1863, et conformément aux termes
de l’Article VI du Traité du 14 no-
vembre 1863, par lequel les Cours
de la Grande-Bretagne, de France et
de Russie, en leur qualité de Puis-
sances garantes du Royaume de
Grèce, se sont réservé de conclure un
Traité avec le Gouvernement Hellé-
nique sur les arrangements que
pourra nécessiter la réunion des Iles
loniennes à la Grèce, Leurs dites
Majestés ont résolu de procéder à
négocier avec Sa Majesté le Roi des
Hetlènes un Traité, à l’effet de met-
tre à exécution les stipulations ci-
dessus mentionées.

Sa Majesté le Roi des Hellènes
ayant donné son assentiment à la

861

conditions, have consented to accept
this renunciation and to recognize,
conjointly with her Britannic Majes-
ty, the union of these Islands to the
Kingdom of Greece.

By virtue of Article V of the
Treaty signed at London, July 13,
1863, it has been further agreed by
common accord, between Her Britan-
nic Majesty and their Majesties the
Emperor of the French and the Em-
peror of All the Russias, that, when
their union with the Kingdom of
Greece shall have been made effective,
as provided in Article IV of the same
Treaty, the Ionian Islands shall be in-
cluded in the guaranty stipulated in
favor of Greece by the Courts of
Great Britain, France and Russia, by
virtue of the Conventions signed at
London, May 7, 1832.

Consequently, in accordance with
the stipulations of the Treaty of July
13, 1863, and in accordance with the
terms of Article VI of the Treaty of
November 14, 1863, by which the
Courts of Great Britain, France and
Russia, in their quality as Powers
guaranteeing the Kingdom of Greece,
have made the reservation to conclude
a treaty with the Hellenic Govern-
ment as to the arrangements which
might be necessitated by the union of
the lonian Islands to Greece, their
said Majesties have resolved to pro-
ceed to negotiate with His Majesty
the King of the Greeks a Treaty for
the purpose of putting into execution
the stipulations above mentioned.

His Majesty the King of the Greeks
having given his assent to the conclu-

862

conclusion de ce Traité, Leurs dites
Majestés ont nommé pour leurs
Plénipotentiaires, savoir:

Lesquels, après avoir échangé leurs
pleins pouvoirs, trouvés en bonne et
due forme, ont arrété et signé les
Articles suivants:

Art. 1°. Sa Majesté la Reine du
Royaume-Uni de la Grande-Bretagne
et d'Irlande, désirant réaliser le voeu
que l'Assemblée Législative des
Etats-Unis des Iles loniennes a ex-
primé de voir ces iles réunies à la
Grèce, a consenti, sous les conditions
spécifiées ci-après, à renoncer au Pro-
tectorat des iles de Corfou, Cépha-
lonie, Zante, Sainte-Maure, Ithaque,
Cerigo et Paxo, avec leurs dépen-
dances, lesquelles, en vertu du Traité
signé à Paris, le 5 novembre 1815,
par les Pilénipotentiaires de la
Grande-Bretagne, d’Autriche, de
Prusse et de Russie, ont été consti-
tuées en un seul Etat libre et indé-
pendant sous la dénomination
* d’Etats-Unis des Iles loniennes,”
placé sous la protection immédiate et
exclusive de Sa Majesté le Roi du
Royaume-Uni de la Grande-Bretagne
et d'Irlande, ses héritiers et succes-
seurs.

En conséquence, Sa Majesté Bri-
tannique, Sa Majesté l'Empereur des
Français et Sa Majesté l'Empereur
de toutes les Russies, en leur qualité
de signataires de la Convention du 7
mai 1832, reconnaissent cette union,
et déclarent que la Grèce, dans les
limites déterminées par l’arrange-

DOCUMENTS

sion of this Treaty, their said Majes-
ties have named as their Plenipoten-
tiaries, that is to say:

[Here follow the names of plenipo-
tentiaries. |

Who, having exchanged their full
powers, found in good and due form,
have agreed upon and signed the fol-
lowing Articles :

ARTICLE 1. Her Majesty the
Queen of the United Kingdom of
Great Britain and Ireland, desiring to
fulfill the wish which the legislative
Assembly of the United States of the
Ionian Islands has expressed to see
these Islands united to Greece, has
consented, under the conditions speci-
fied below, to renounce the Protector-
ate of the Islands of Corfu, Cepha-
lonia, Zante, Santa-Maura, Ithaca,
Cerigo, and Paxo, with their depend-
encies, which by virtue of the Treaty
signed at Paris, November 5, 1815,
by the Plenipotentiaries of Great Brit-
ain, Austria, Prussia and Russia, were
constituted as a single free and inde-
pendent state under the name of “ the
United States of the Ionian Islands”
and were placed under the immediate
and exclusive protection of H. M.
the King of the United Kingdom of
Great Britain and Ireland, his Heirs
and Successors.

Consequently, Her Britannic Maj-
esty, His Majesty the Emperor of the
the French and His Majesty the Em-
peror of All the Russias, in their
quality as signatories to the Conven-
tion of May 7, 1832, recognize this
union and declare that Greece, within
the limits determined by the arrange-

THE IONIAN ISLANDS, 1863

ment conclu à Constantinople entre les
Cours de la Grande-Bretagne, de
France et de Russie, avec la Porte
Ottomane, le 21 juillet 1832, y com-
pris les Iles Ioniennes, formera un

Etat monarchique indépendant et con-

stitutionnel, sous la souveraineté de Sa
Majesté le Roi George, et sous la
garantie des trois Cours.

863

ments concluded at Constantinople be-
tween the Courts of Great Britain,
France and Russia with the Ottoman
Porte, on July 21, 1832, wherein were
included the Ionian Islands, shall
form a monarchical State, independ-
ent and constitutional, under the sov-
ereignty of His Majesty, King
George, and under the guarantee of
the three Courts.

THE SCHLESWIG QUESTION, 1848

Address of the Provisional Government of Schleswig-Holstein to the People
of Denmark, Proposing a Vote of North Schleswig as to Union with Den-
mark or Germany. March 31, 1848 !

Dänen! Das Volk in Kopenhagen
hat Euren König, unsern Herzog, ge-
zwungen, die Einverleibung Schles-
wigs in das Königreich Dänemark,
seine Herabsetzung zu einer dänischen
Provinz, zu erklären, and schon ziehen
dänische Truppen in das Herzogthum
Schleswig ein, um diesen Machtspruch
durch Gewalt der Waffen auszufüh-
ren. Die provisorische Regierung der
Herzogthümer Schleswig-Holstein hat
den Entschluss gefasst, die Rechte der
Herzogthümer, wie die Rechte un-
seres Herzogs, gegen: fremden Einfluss
zu sichern, und fühlt sich stark durch
das Recht, welches sie vertheidigt, und
durch den Beistand des ganzen
deutschen Volks! Dänen, die staat-
liche Selbstständigkeit des Herzog-
thums Schleswig beruht auf festen
Verträgen! Die gewaltsame Um-
wandelung seiner Stellung in eine
Dänische Provinz ist ein Bruch des
Vertrages! Die Herzogthümer ha-
ben Euch oft beigestanden als treue
Dienstgenossen in Tagen der Gefahr!
Ihr thut doppelt Unrecht, wenn Ihr
jetzt unsere Rechte zu brechen und zu
vernichten strebt. Wir wollen nur

Danes! the people of Copenhagen
have compelled your King, our Duke,
to - proclaim the incorporation of
Schleswig with the kingdom of Den-
mark — its degradation to a Danish
province, and already are Danish
troops invading the Duchy of Schles-
wig in order to execute this arbitrary
measure by force of arms! The Pro-
visional Government of the Duchies
of Schleswig-Holstein has resolved to
ensure the rights of the duchies, as
well as those of our Duke, against all
foreign influence, and feels itself
strong in the right which it defends,
and its assistance by the whole Ger-
man people. Danes! the national in-
dependence of the Duchy of Schles-
wig rests on firm treaties. Its forcible
transformation into a Danish prov-
ince is a breach of those treaties.
The duchies have often supported you,
like faithful confederates in times of
danger. You will commit an act of
two-fold injustice if you now en-
deavour to violate and annihilate our
rights. We wish only to protect our
own nationality, and not to attack the
independence of foreign countries.

1 Martens, N. R. G., vol. 12, p. 252. Translation from Memoir on the Constitutional
Rights of the Duchies of Schleswig and Holstein, presented to Viscount Palmerston by
Chevalier Bunsen, April 8, 1848, p. 158. The italics are in the original.

THE SCHLESWIG QUESTION, 1848

unsere Nationalitát schiitzen, nicht
fremde Nationalitàt angreifen! Mag
der Norden Schleswigs sich dem-
náchst frei erklären, ob er als Provinz
dem Dänischen Staate einverleibt wer-
den, oder dem Deutschen Vaterlande
folgen wolle, wir werden seinem Wil-
len keinen Zwang anthun!: Wir
bieten Euch ehrliches Búndniss und
personelle Gemeinschaft des Landes-
herrn, so lange der Mannsstamm in
Dänemark herrscht, wollen uns aber
einer unbeikommenden Weiberherr-
schaft nicht fügen! Dänen, bedenkt,
was Ihr thut! Was das Recht ver-
langt, was Euch zum wahren Nutzen
dient, — das bieten wir Euch freiwil-
lig! Mehr könnt Ihr nicht erhalten,
— wohl aber alles verlieren, wenn Ihr
fortfahrt auf dem Wege der Gewalt,
— das Bestehen des Dänischen
Reiches selbst steht dann in Frage!
Siegt Ihr im Waffenkampfe — und
dies wird nicht geschehen, so lange
Deutsche Herzen schlagen, — was An-
deres habt Ihr dann, als ein verödetes,
feindlich gesinntes Land, unerträg-
liche Schuldenlast und zerstörten
Handel und Gewerbe. Siegen wir,
wer wird uns dann hindern, Bedin-
gungen zu stellen, die uns Sicherung
geben gegen jeglichen Uebergriff für
die Folge! Noch ist es Zeit! noch
stehen die Heere einander gegenüber,
noch hat der Kampf, die Zerstörung
nicht begonnen, noch bieten wir Euch
Frieden ohne Kampf. _
Rendsburg: den 31 März 1848.

865

Let the north of Schlesung therefore
freely declare whether it will be in-
corporated as a province with the
kingdom of Denmark, or follow the
German nation,— and we, at all
events, will offer no opposition to its
will. We offer you honourable alli-
ance, and a Sovereign personally com-
mon to both, so long as the male
branch rules in Denmark, but we will
not submit to an unbecoming domina-
tion of the female line.

Danes! think what you are doing!
We offer you freely all that justice
requires, and all that is really useful
to you. More than this you cannot
receive, but you will rather lose
everything if you continue to pursue
the path of violence, as the very exist-
ence of the Danish kingdom will then
be endangered. Should you be con-
querors on the battle-field,— and this
will never happen, so long as German
hearts pulsate on the continent of Eu-
rope,— what would you gain but a
desolated and hostile territory, intol-
erable pecuniary burdens, and an an-
nihilated trade? If we conquer, who
will then prevent us from assigning
conditions which will give us ample
security for the future against any
attacks or encroachments? It is not
yet too late! the armies still face each
other — the battle, the work of de-
struction, has not yet commenced —
we still offer you peace without fight-
ing!

- Rendsburg, March 30, 1848.

866

DOCUMENTS

Protest by the Provisional Government of Schleswig-Holstein Against the
Proposal of a Separation of North Schleswig According to Nationality,
Made to the Germanic Diet by the Prussian Minister for Foreign Affairs.

May 17, 1848:

. . . Die provisorische Regierung ist
vóllig damit einverstanden, dass die
drei von jeher behaupteten Grundsátze

1. Schleswig-Holstein ist ein unzer-
trennbares Ganze

2. es befindet sich im rechtlichen
Besitze staats-rechtlicher Selbstándig-
keit und

3. der Mannsstamm des Olden-
burgischen Hauses hat ein Recht auf
die Staatssuccession
als Grundbasis des Friedensvertrages
angenommen werden mússen. Dass
diese Rechte nur durch die Aufnahme
Schleswigs in den Deutschen Bund,
sowie durch gánzliche Ablósung aller
militárischen, finanziellen und admin-
istrativen Verhältnisse mit Dánemark
sicher gestellt werden kónnen, und die
Einwilligung des Königs von Däne-
mark zu diesen Massnahmen daher
eine nothwendige Bedingung des Frie-
dens sein muss, darüber dürfte vom

The Provisional Government is ab-
solutely willing that the three princi-
ples stated below should be adopted as
a basis for the treaty of Peace:

1. Schleswig-Holstein are insepa-
rable.

2. This united duchy is at present
in legitimate enjoyment of an inde-
pendence based on public law.

3. The male line of the House of
Oldenburg has the right of succession
in the Duchies.

There can be no difference of opin-
ion from the German point of view,
as to the fact that these rights can be
guaranteed only by the reception of
Schleswig into the Germanic Confed-
eration, as well as by the complete
severance of all relations with Den-
mark which are of a military, finan-
cial or administrative nature, and that
the consent of the King of Denmark
to these measures should be a neces-
sary condition of peace. It is with a

1 Martens, N. R. G., vol. 12, p. 285. The opening paragraphs of the document are omit-
ted by Martens, but given in French in British and Foreign State Papers, vol. 40, p. 1303.

A translation follows:

Rendsbourg, May 17, 1848.

The Provisional Government of Schleswig-Holstein has been informed by the Legation of
Holstein, accredited to the Germanic Diet, of the principles which Your Excellency has pre-
sented to the Diet and which should serve as a guide in adjusting the quarrel existing between
Denmark and the Duchies.

The Provisional Government has seen with pleasure that Your Excellency desires an agree-
ment as to the essential points which have been established regarding the condition of any
arrangement between Denmark and the Duchies, and it believes it to be its duty, considering
the importance of an early pacification, to venture to submit to Your Excellency the follow-
ing observations concerning the peace proposals of your Government.

THE SCHLESWIG QUESTION, 1848

Deutschen Standpunkte aus eine
Meinungsverschiedenheit nicht ob-
walten können. Mit besonderer

Freude hat die provisorische Regie-
rung daher erfahren, dass das Königl.
Preuss. Gouvernement diese Basis
für die Friedensverhandlungen als die
richtige anerkennt, und sie glaubt nur
den Wunsch aussprechen zu müssen,
dass dieselbe nicht dadurch verrückt
werden möge, dass eine Ausschlies-
sung des nördlichen Schleswigs nach
der Nationalität der Bevölkerung
zwischen Dänemark und Deutschland
als rechtlich zulässige Modalität offen
gelassen würde. Zwar hat die provi-
sorische Regierung gleich nach ihrer
Constituirung, von dem Wunsche ge-
leitet, den damals drohenden Kampf
zu vermeiden, es dem Norden Schles-
wigs freigestellt, sich frei zu erklären,
ob er als Provinz dem Dänischen
Staate einverleibt werden, oder dem
deutschen Vaterlande folgen wolle.
Aber jetzt, nachdem ein blutiger
Kampf grosse Opfer gefordert, kann
die provisorische Regierung sich nicht
für befugt halten, aus blossen Billig-
keits-Rücksichten höhere Interessen
und das Landesrecht selbst zu verletz-
en. Die Losreissung eines Theils
von Schleswig und Ueberweisung des-
selben an Dánemark wúrde im ent-
schiedensten Widerspruch mit dem
Grundsatze stehen, dass die Herzog-
thümer ein unzertrennbares Ganze
bilden und im Fall des Aussterbens
des Kónigl. Mannsstamms des Olden-
burgischen Hauses die jüngere Linie
desselben in ihrem Erbfolgerecht auf
die ungetheilten Herzogthiimer beein-

867

special pleasure, therefore, that the
Provisional Government has learned
that the Prussian Government has rec-
ognized this basis of peace negotia-
tions as the true one.

It believes that it should add noth-
ing to this save an expression of the
desire that this basis of peace should
not be abandoned by declaring admis-
sible the division of the northern part
of Schleswig, according to the nation-
ality of the inhabitants between Den-
mark and Germany. It is true that
the Provisional Government, immedi-
ately after its establishment, animated
by the desire to avert the threatening
conflict, left it to Northern Schleswig
to express itself freely as to whether
it wished to be incorporated as a
province of Denmark, or whether it
wished to belong to the German Fa-
therland. |

But now that a sanguinary struggle
has demanded great sacrifices, the
Provisional Government can not con-
sider itself justified in infringing on
higher interests and on the national
rights for the sake of simple consider-
ations of equity.

The separation of a part of Schles-
wig and its incorporation with Den-
mark would be in direct opposition
with the principle that the Duchies
should form an indivisible unity, and
in case of the decease of the royal
male line, would do injury to the right
of succession of the cadet line of the
House of Oldenburg over the indi-
vidual Duchies. u

It must be added to this that a sep-
aration of the predominantly Danish

868 | DOCUMENTS

trächtigen. Dazu kommt, dass. eine
Abtrennung der ‘an Jutland grenzen-
den vorherrschend Dänischen Districte
Schleswigs von dem übrigen Lande in
den Herzogthümern und gewiss in
dem ganzen Deutschen Vaterlande für
eine Aufopferung deutschen Le-
hens und deutscher Interessen erkannt
werden würde, denn bis an die nörd-
liche Grenze Schleswigs hin wohnen
zahlreich Deutsche in grösseren und
kleineren Kreisen unter den Dänen,
die Städte aber haben alle eine über-
wiegend deutsche Bevölkerung. Diese
Deutschen haben während der Däni-
schen Zwangsherrschaft für die
deutsche Sache und Gesinnung
schwere Opfer willig ertragen und
erwarten nun Schutz von Deutsch-
land. Aber nicht nur die Deut-
schen, selbst die während der letz-
ten Occupation fanatisirten dänisch
redenden Bewohner Schleswigs wún-
schen, soviel uns bekannt, nicht in
Danemark .aufzugehen; sie wollen
Schleswiger und mit dem übrigen
Schleswig. verbunden bleiben. Der
Schutz, welchen sie für ihre Sache
und ihre nationalen Eigenthümlich-
keiten mit Recht in Anspruch nehmen,
wird ihnen auch bei einer innigern
Verbindung mit Deutschland durch
Aufnahme des Herzogthums in den
Deutschen Bund in vollem Maasse zu
Theil werden können. Unter diesen
Umständen und da bei strenger Inne-
haltung der Sprachgrenze die tref-
flichen Häfen der überwiegend deut-
schen Städte Flensburg und Apenrade
von den angrenzenden Landdistricten
und der Insel Alsen aus jeden Augen-

districts of Schleswig bordering on
Jutland from the rest of the territory
would be considered in the Duchies,
and certainly in the whole of Ger-
many, as a sacrifice of Germanic
rights and interests. For many Ger-
mans live among the Danes in com-
munities more or less large, even up
to the most northern frontier of
Schleswig, and the cities, moreover,
all have a preponderantly German
population.

These Germans, during the forcible
domination of the Danes, have made
willingly great sacrifices for the sake
of the German cause and for their po-
litical opinions, and they now expect
protection from Germany. Not only
the Germans, but also the inhabitants
of Schleswig who speak Danish, and
who have been fanaticised by the re-
cent occupation, desire, to our certain
knowledge, not to be incorporated
with Denmark; they wish to remain
Schleswigers, and united to the rest
of the Duchy.

The protection which they are en-
titled to claim for their cause and
their nationality might be accorded to
them fully, at the time of a closer
union with Germany, by the recep-
tion of the Duchies into the Confed-
eration. |

In these circumstances, and in view
of the fact that, if the line of language
were strictly conformed with, the ex-
cellent ports of the preponderantly
German towns of Flensburg and
Apenrade could be immediately block-
aded from the neighboring districts
and from the Island of Alsen, Ger-

THE SCHLESWIG QUESTION, 1848

blick deutscher Schifffahrt und deut-
schem Handel gesperrt werden konn-
ten, darf Deutschland, darf nament-
lich die provisorische Regierung nicht
ihre Einwilligung von vornherein zu
einer solchen Lostrennung geben.
Auch das Englische Cabinet wird, da
es die Schleswigsche Frage als eine
innere, das Herzogthum selbst betref-
fende Frage ansieht, nicht ohne In-
consequenz auf einer Auftheilung des
Herzogthums nach Nationalitàten als
Basis der Friedensunterhandlungen
bestehen kónnen. Denn eine Tren-
nung Schleswigs zwischen Dánemark
und Deutschland wúrde entschieden
eine äussere Angelegenheit werden,
wahrend die Frage allerdings insofern
eine innere ist, als es sich eines Theils
darum handelt, ob die cognatische
oder agnatische Erbfolge in Schleswig
gilt, was bereits durch den dritten
Punkt der oben angegebenen Frie-
densbasis entschieden ist,— und ander-
erseits nur die Verhältnisse der
Deutsch und Dánisch redenden Be-
wohner zur Frage stehen, welche im
Herzogthum selbst bisher nicht Ge-
genstand offnen Streits gewesen sind,
und als innere Landesangelegenheit in
der zu gebenden Verfassung leicht
eine befriedigende Lösung finden
werden.

Die provisorische Regierung glaubt
sich der Hoffnung hingeben zu dür-
fen, dass das Königl. Preussische
Gouvernement das Gewicht der ange-
führten Gründe nicht verkennen und
die Aufnahme des ganzen Herzog-
thums Schleswig unter die Grundbe-
dingungen der Friedensverhandlungen

869

many and especially the Provisional
Government could not give its con-
sent beforehand to such a separation.

The British Cabinet itself, since it
regards the question of Schleswig as
an internal one concerning the Duchy
itself, can not, without inconsistency,
insist on the division of the Duchy ac-
cording to nationalities, as the basis
of peace negotiations. |

A division of Schleswig betweeri
Denmark and Germany would most
certainly become an external affair,
whereas the question is assuredly an
internal question since, on the one
hand, it is a question whether the male
or female succession should be fol-
lowed in Schleswig (which has been
already decided by the third point of
the basis of peace proposed above),
and on the other hand the relations of
the inhabitants speaking German and
Danish are placed in question, which
up to the present time has not been a
subject of open dispute in the Duchy,
and which, being domestic matters,
will find a satisfaotory solution in the
future constitution.

The Provisional Government trusts
that it may feel assured that the Prus-
sian Government will not fail to rec-
ognize the force of the reasons al-
leged above, and that it will be dis-
posed to employ its good offices to
the end that the reception of the
Duchy of Schleswig in its entirety

870

kräftig zu befürworten geneigen

werde.

DOCUMENTS

shall be established as one of the fun-
damental conditions of peace.

Reply of the Prussian Minister of Foreign Affairs to the Provisional Govern-

ment of the Duchies.

. . + Die provisorische Regierung,
obwohl sie früher selbst die Zulassig-
keit einer solchen Abtheilung, als eines
billigen und die gegenseitigen Interes-
sen versöhnenden Ausgleichungs-
Princips, anerkannt hat, ist. jetzt der
Ansicht, dass man das Recht Schles-
wigs auf völlige und unverkürzte
Vereinigung mit Holstein aufrecht er-
halten und zur Anerkennung bringen
müsse. Die Königliche Regierung
hat, auf jener früheren Ansicht der
Schleswig-Holsteinschen Regierung
fussend, bereits sowohl dem Bunde als
dem Englischen Cabinet gegenüber
sich dahin ausgesprochen, dass sie mit
der Annahme jenes Princips einver-
standen sei und als Basis der Ausein-
andersetzung eine freie Erklärung der
Einwohner des nördlichen Dänisch
redenden Theiles von Schleswig ange-
nommen zu sehen wünsche. . . . Der
provisorischen Regierung wird die
Betrachtung nahe liegen, dass das
Maass der Kraftentwicklung, welche
Preussen auf die Durchfihrung der
Angelegenheit der Herzogthümer
wenden kann, wesentlich durch die
allgemeine politische Lage der Dinge
bedingt wird, welche täglich eine
Wendung nehmen kann, die Preussen
nöthigt, alle seine Kraft auf einen

1 Martens, N. R. G., vol. 12, pp. 287-288.

May 19, 1848 1

. . . Although the Provisional Gov-
ernment has recognized in the past
the admissibility of such a division as
the principle of a fair and conciliatory
settlement of mutual interests, it is
nevertheless at the present time of the
opinion that the right of Schleswig
to a complete and unrestricted union
with Holstein must be maintained in-
tact and recognized. On the basis of
that former view of the Schleswig-
Holstein government, the Royal gov-
ernment has declared, both to the Con-
federation and to the English Cabinet,
that it has agreed to accept that prin-
ciple and would desire to see accepted
as a basis of settlement the free ex-
pression of the Danish speaking peo-
ple of the northern part of Schleswig.
. . . The Provisional Government
will take into account the idea that
the degree of influence which Prussia
may exert upon the settlement of the
affairs of the Duchies is essentially
dependent on the general political con-
dition of things which may any day
take such a turn as will compel Prus-
sia to divert all her power in some
other direction.

In view of such an eventualitv it is
proper and wise to visage the attain-
able and satisfactory issue, in order

THE SCHLESWIG QUESTION, 1848

anderen Punkt zu richten. Ange-
sichts solcher Eventualitäten, ıst es
richtig und weise, das Erreichbare
und Genügende zum Ziel zu nehmen,
um nicht durch absolutes Bestehen auf
einer vielleicht nicht erreichbaren
Forderung, möglicher Weise den gan-
zen Erfolg in Frage zu stellen.

871

not to put the entire result in jeopardy
by absolutely insisting upon a de-
mand which may possibly not be at-
tainable.

Reply of the Provisional Government to the Prussian Minister.
May 22, 18481!

Das ungetrennte Zusammenbleiben
des Herzogthums Schleswig-Holstein
und aller Theile desselben beruht auf
unzweifelhaftem Rechtsgrunde. Ew.
Exc. scheinen hierin mit uns einver-
standen und nur darauf hinzuweisen,
dass bei den obwaltenden politischen
Conjuncturen, ein billiges Nachgeben
dem allzu starren Festhalten am
Rechte vorzuziehen sei. Dass wir
gerne, wo nur immer môglich zur

Nachgiebigkeit bereit sind, haben wir

durch unsere ‚öffentliche Erklärung
vom 31. März d. J. bethátigt. Die
Gestattung der freien Wahl erschien
uns damals als billiges Auskunftsmit-
tel und ward damals als solches auch
von den Herzogthümern anerkannt.
Aber Danemark wáhlte statt der gebo-
tenen Ausgleichung den Volkskrieg,
entfesselte dadurch jede Leidenschaft
zwischen Dánen und Deutschen und
was damals für billig gehalten wurde,
gilt jetzt nicht mehr dafúr. Eine
Trennung des Landes konnte früher,
wo ein friedliches Zusammenwohnen
Danischer und Deutscher Bewohner

1 Martens, N. R. G., vol. 12, p. 288.

The undivided union of the duchy
of Schleswig-Holstein and all parts
thereof rests on unquestionable legal
grounds. Your Excellency seems to
agree with us in this and to point out
that, in the present political situation,
an equitable concession is preferable
to holding too strictly to rights. That
we are glad to make concessions when-
ever possible, our public declaration of
March 31 of this year gives proof.
The granting of a free vote seemed to
us at that time a fair expedient and
was recognized as such by the duchies
also. But Denmark chose civil war
instead of the settlement which was
offered, and thereby unchained every
passion between Danes and Germans,
and what then seemed fair now seems
so no longer. A separation of the ter-
ritory could have been accomplished
with fairness before, when it seemed
possible for Danish and German in-
habitants to live together in friendly
relations under Danish rule; now,
however, in the short time of the
armed invasion, the Danes, by kid-

872

unter Danischer Herrschaft môglich
schien, mit Billigkeit ausgefúhrt wer-
den, jetzt aber haben die Danen in der
kurzen Zeit des Kriegsuberzuges
durch Menschenraub und jegliche Un-
bill dem Deutschen Theile der Bewoh-
ner die Ueberzeugung aufgedrangt,
dass ihnen beim Wiedereintritt der
Danischen Herrschaft nur die Wahl
zwischen Vernichtung oder Auswan-
derung freibleiben wúrde. Die Tren-
nung Schleswigs wúrde ein Verban-
nungsurtheil fúr eine grosse Anzahl
deutscher Familien enthalten. Der
provisorischen Regierung sind deshalb
noch vor Kurzem durch eine grössere
Deputation der Stádte Apenrade, Ha-
dersleben, Tondern und des Amts
Hadersleben die dringendsten Bitten
vorgetragen worden, nur ja nicht in
eine Trennung des Herzogthums zu
willigen, und wir haben uns verpflich-
tet gehalten, das Versprechen zu er-
theilen, dass wir nach Kräften für das
Zusammenbleiben wirken wollten. . . .
Von der andern Seite dürfte die ver-
mittelnde Macht auch nicht wohl
mit Gründ auf Trennung zwischen
Deutschgesinnten und Dänemark be-
stehen können, wenn der Grundsatz
festgehalten werden soll, dass die
Schleswig-Holsteinsche Sache eine
innere sei und dass dem legitimen
Landesherrn das Ganze erhalten wer-
den soll. Da indessen die jetzt beste-
hende Gränze zwischen Dänemark und
Schleswig nicht geeignet erscheint, um
künftigen Irrungen vorzubeugen, so
dürfte eine fest fortlaufende Gränz-
linie zu vereinbaren und eine Bestim-
mung dahin zu treffen sein, dass von

DOCUMENTS

napping and such wrongs, have forced
upon the German part of the popula-
tion the conviction that in case of
their ‘return to Danish rule the only
choice open to them would be between
annihilation and emigration. The
separation of Schleswig would con-
taintain a sentence of banishment for
a great number of German families.
Through large deputations from the
cities of Apenrade, Hadersleben, and
Tondern, and from the administrative
district of Haldersleben, there has re-
cently been presented to the Provi-
sional Government the most urgent pe-
titions never to consent to a division
of the duchy, and we have bound our-
selves by a promise to work with all
our powers for the maintenance of the
union. . . . On the other hand the
mediating power could not in reason
insist on a separation of those dis-
posed toward Germany from Den-
mark, if the principle is adhered to

that the Schleswig-Holstein affair is

an internal one and that the whole
shall be given to the legitimate ruler.
Since in the meantime the present
boundaries between Denmark and
Schleswig do not seem suited to pre-
vent future misunderstandings, a con-
tinuous boundary line should be
drawn and an arrangement made so
that the Kingdom of Denmark should
cede to the Duchy of Schleswig in
the West Sea the island territories
of Westerland-Föhr, Amrum, Nor-
derland-Sylt, Süderland-Romoe and
Fanoe with the ocean territories to
55° 20” and on the mainland the
county of Schackenburg, Treuburg

THE SCHLESWIG QUESTION, 1848

Seiten des Königreichs Dänemark in
der Westsee die Inselgebiete Wester-
land-Föhr, Amrum, Norderland-Sylt,
Süderland-Romoe und Fanoe mit dem
Seegebiete bis 55° 20’ und auf dem
Festlande die Grafschaft Schacken-
burg, Treuburg und die übrigen En-
claven, mit Ausnahme der Stadt Ry-
pen sammt Stadtgebiet, an das Her-
zogthum Schleswig abzutreten wären,
wogegen das Herzogthum Schleswig
einen der Einwohnerzahl der abgetre-
tenen Gebietstheile entsprechenden
Antheil vom Amte Hadersleben, im
Auschluss von dem Gebiete der Stadt
Rypen und Jütland, wieder zurückge-
ben müsste. Wir ersuchen Ew. Exc.
die Stellung der provisorischen Re-
gierung in billige Erwágung zu zie-
hen. Die uns gestellte Aufgabe bes-
teht nur darin, den Landesrechten und
Landeswiinschen die versagte Aner-
kennung zu verschaffen; mit dieser
Aufgabe würden wir in Widerspruch
treten und unser Mandat úberschrei-
ten, wenn wir freiwillig in die Tren-
nung Schleswigs, als Basis der Frie-
dens-Unterhandlung willigten. Wir
diirfen Ew. Exc. demnach dringend
ersuchen, die Untheilbarkeit der Her-
zogthümer kräftigst zu befürworten,
und benutzen mit Vergnügen u. S. w.

Rendsburg den 22. Mai 1848.

Die provisorische Regierung der
Herzogthümer Schleswig-Holstein.

873
and the other enclaves with the ex-
ception of the city of Rypen with
its domain; in return for which the
Duchy of Schleswig should return a
part of the district of Hadersleben,
corresponding in number of popula-
tion to the ceded territories, except-
ing the domain of the city of Ry-
pen and Jutland. We beg Your Ex-
cellency to consider with fairness the
position of the Provisional Govern-
ment. The task to which we have
been put consists merely in this, to
obtain the denied recognition for the
rights and wishes of the country.
We should contradict our duty and
overstep our authority, then, if we
consented freely to the separation of
Schleswig, as a basis for the peace
negotiations. We may therefore ear-
nestly beg Your Excellency to recom-
mend the indivisibility of the duchies,
and remain, etc.

Rendsburg, May 22, 1848.
The Provisional Government of the
Duchies of Schleswig-Holstein.

874 DOCUMENTS

Correspondence Between the British Secretary of State for Foreign Affairs
and the Prussian Minister in London, Concerning the Prussian Proposal of
a Division of Schleswig According to Nationality, May and June, 1848 *

THE BRITISH SECRETARY OF STATE FOR FOREIGN AFFAIRS TO THE PRUSSIAN MINISTER
IN LONDON

Foreign Office, May 19, 1848.
M. LE CHEVALIER,
I will send a copy of your proposed note this evening to Sir H. Wynn,
together with its 2 annexes, but I beg to make some remarks on those annexes.?

With regard to the second annex, Sir H. Wynn shall be instructed to recom-
mend for the consideration of the Danish Government an arrangement founded
on the principle proposed in that annex, viz., that the Duchy of Schleswig shall
be divided into two parts with reference to the national character of its inhab-
itants, and that the southern or German part shall, like Holstein, become a
member of the German Confederation, and that the northern or Danish part
shall then be constitutionally incorporated with the Kingdom of Denmark.

It being, of coffrse, to be understood that any German inhabitants of the
Danish portion should enjoy perfect liberty to educate their children in the
German language if they chose it, just as any Danish inhabitants of the Ger-
man part should be free to educate their children in the Danish language if
such should be their desire.

- It is indeed understood that in Schleswig, as in most other countries in
which two different races are settled and two different languages are spoken,
the two races are not locally separated by any one line which divides every-
thing that is of one race from everything that is of the other; and that al-
though in one part of the country one race predominates, and in the other
part the other race is the most numerous, yet there are many portions of the
territory where one race is partially mixed with the other. Therefore the line
of demarcation, wherever it may be drawn, can only separate majority from
majority, but can not be expected to leave all the Germans on one side and all
the Danes upon the other.

With regard to the mode of drawing such a line, if the principle of doing
so should be agreed upon, I would suggest for the consideration of the parties,
whether it might not be possible for the Danish Government and the Diet to
come to an understanding upon this matter with reference to known or ascer-

1 Brit. St. Pap., vol. 40, pp 1305-1319.
2 The text of the note and annexes referred to cannot be found in the sources at disposal.

THE SCHLESWIG QUESTION, 1848 875

tainable statistical facts, without going through the difficult process of a de-
tailed appeal to all the inhabitants of each district. Such an appeal must be
conducted by some executive authority, and it might not be easy for all the
parties concerned to agree as to the constitution of such an authority.

I am, &c.
Le Chevalier Bunsen. PALMERSTON.

THE PRUSSIAN MINISTER IN LONDON TO THE BRITISH SECRETARY OF STATE FOR
FOREIGN AFFAIRS

(Translation) Prussian Legation, June 12, 1848.
My Lorp,

I have the honour to inclose to your Lordship observations on the proposals
for an armistice which were presented to you from Count Reventlow, as the
Danish view of the question, on the 18th, of last month, and which you com-
municated to me verbally on the same day, and in writing on the following.

I have, &c.
Viscount Palmerston, G. C. B. BUNSEN.

(Inclosure 1.) Observations upon the Danish Proposals for an Armistice
of May 18

(Translation) Prussian Legation, June 12, 1848.
The Danish Proposal is inadmissible in point of form and in point of matter.

If the object of Articles IV and V! should simply be to protect, during the
armistice, the Danish majority in the country districts of North Schleswig,

1 Articles 4 and 5 of the Danish Project of Armistice:

40, Le Duché de Slesvig, y compris les îles, sera évacué dans toute son étendue par les
troupes de la Confédération et par celles du Danemarc.

59, Le Gouvernement Provisoire continuera de diriger les affaires du pays au nom de Sa
Majesté le Roi de Danemarc jusqu’à ce que la question ‘litigieuse soit réglée définitivement.
Le pays sera mis à l’abri de toute agression de la part du Danemarc par la garantie de
l'Angleterre.

(Translation)

4. The Duchy of Schleswig, including the islands, shall be completely evacuated by the
troops of the Confederation and by those of Denmark.

5. The Provisional Government shall continue to direct the affairs of the country in the
name of His Majesty the King of Denmark until the question in dispute shall be finally
adjusted. The country shall be protected from | any aggression on the part « of Denmark,
by the guarantee of England. .

876 DOCUMENTS

and to secure to them a perfectly free and unbiased expression of their political
opinions as to an incorporation with Denmark, it would be easy to meet such a
demand in the following manner: |

The 2 belligerent parties, Germany and Denmark, might send to Schleswig
each a political Commissioner, and England, as mediating Power, might send
a third. The common object of these Commissioners would be to see that
everything respecting the 2 nationalities was carried on by the Provisional
Government with perfect impartiality. The representative of the mediating
Power would, besides, in case of difference of opinion, act as umpire.

THE BRITISH SECRETARY OF STATE FOR FOREIGN AFFAIRS TO THE DANISH AND
PRUSSIAN MINISTERS IN LONDON

Foreign Ofhce, June 23, 1848.

SIR,

Her Majesty's Government have highly appreciated the confidence which
has been manifested towards the British Crown by the consent of Denmark
on the one hand and of Prussia and the Germanic Diet on the other, to accept
the good offices of Great Britain as mediator in a negotiation for the settle-
ment of the differences which have arisen upon the subject of the Duchy of
Schleswig.

I beg accordingly to submit for your consideration and for that of the
Prussian Government, the following Articles which Her Majesty’s Govern-
ment would propose to the 2 parties for an armistice, accompanied by an
agreement as to the general principle upon which the Schleswig question should

be settled.
Proposed Articles

1. Hostilities between the Danish and German forces shall cease by sea and
by land, as soon after the signature of these Articles as the necessary orders
can be given. All blockades will at the same time be raised. |
IV.! Immediately on the conclusion of this armistice the troops of both
parties shall evacuate the whole of the Duchy of Schleswig, the Island of
Alsen being deemed and considered as part of that duchy; the Danish troops
retiring to the north, and the German troops to the south. Any free corps
which may have been raised in Schleswig shall be disbanded, the men and

1 The articles omitted concern the question of prisoners and indemnities.

THE SCHLESWIG QUESTION, 1848 877

officers being sent to their homes; and any regular Schleswig troops which
may have been serving either with the Danish or with the German troops,
shall either retire out of the Duchy with the troops with which they have been
serving, or be sent to their homes on furlough.

V. It being necessary to provide for the temporary administration of the
Duchies of Schleswig and Holstein, during the interval which may elapse
before the final settlement of all matters in dispute shall be so completely
adjusted as to allow of the entire reestablishment of the regular order of ad-
ministration in both Duchies; it is agreed that a temporary Administrative
Commission shall be appointed to conduct the affairs of the 2 Duchies, in the
name and on behalf of the King-Duke. This Commission shall consist of 7
members, 3 whereof to be named by the King-Duke, 3 by the Diet, and the
seventh (who is to act as President) in a manner to be hereafter agreed upon.

This Council is simply to carry on the usual administration of the Duchies,
and is not to be invested with any legislative power.

As the appointment of this Commission is intended to be a step towards
conciliation and peace, and is meant for the purpose of allaying those party ani-
mosities to which recent events have necessarily given birth, the persons who
are to be named as members of this Commission are to be persons who have not
taken any active part, one way or the other, in the late political transactions
in the 2 Duchies.

VI. The further condition of the Duchy of Schleswig shall be settled upon
one or other of the 2 following plans, according to the choice of the King-
Duke:

First, the Duchy of Schleswig might be divided into 2 parts with reference
to the German or Danish nationality of its inhabitants, the southern and Ger-
man part being to be called the Southern Duchy, the northern or Danish part
being to be called the Northern Duchy. The King would then become a
member of the German Confederation in his capacity of Duke of Southern
Schleswig, as well as in his capacity of Duke of Holstein, and Southern
Schleswig would, like Holstein, form part of the territory of the German
Confederation, and the sovereignty of Southern Schleswig would follow the
same line of succession as the sovereignty of Holstein. On the other hand,
Northern Schleswig would be attached by its law of succession to the Crown
oí Denmark, and the sovereignty of that Duchy would be inseparably united
with the Danish Crown. Secondly, if this arrangement should not be thought
expedient, the Duchy of Schleswig might remain entire and undivided such as
it is now; it might continue to be administered as it has been, by an adminis-
tration established for Schleswig and Holstein jointly ; and there should also
be provincial states in which the representatives of the 2 Duchies would be
assembled together in their proper respective proportions.

878 1 DOCUMENTS

In this case the King of Denmark would remain as he now is, a member of
the Germanic Confederation in his capacity of Duke of Holstein, but he would
not become member of the Confederation in his capacity of Duke of Schleswig.

No change in this case would be made in the law of succession in Schleswig.

I am, &c.
Count Reventlow. PALMERSTON.
Chevalier Bunsen.

THE PRUSSIAN MINISTER IN LONDON TO THE BRITISH SECRETARY OF STATE FOR
FOREIGN AFFAIRS

Prussian Legation, June 24, 1848.
My Lorp,

I have had the honour of receiving last night the note of yesterday, which
you have addressed to me, and I shall not fail to forward it without delay to
Her Majesty's Government.

But in order to enable the Prussian and the Federal Government to form
immediately a clear and decided opinion on the proposals of a final settlement
contained in your Lordship's note, 1 lose no time in directing your attention
to certain points in the Articles, which appear to me somewhat obscure, and
with regard to which I can foresee that the Prussian and Federal Government
will find themselves in want of immediate further explanation.

Respecting the first df the 2 proposals for a final settlement contained in
Article VI, namely, that which you designate briefly as a division of the
Duchy of Schleswig, I feel it only my duty here to repeat, that Germany can
not give up the principle declared on all occasions, that no separation of any
part of Schleswig can ever be thought of, unless the population in the northern
districts themselves declare, by an open and unbiassed manifestation of their
intention to that effect, that they will be separated from the rest of the duchy.

I have, &c.
Viscount Palmerston, G. C. B. BUNSEN.

1 British and Foreign State Papers, vol. 40, pp. 1319-1322.

THE SCHLESWIG QUESTION, 1848 879

Extract from the Discussion of the German National Assembly. Session of
June 9, 1848 *

SCHMERLING VON WIEN? ... Als SCHMERLING von WIEN? ... As

Grundbedingung eines jeden Friedens-
schlusses mit Dánemark ist von Sei-
ten des deutschen Bundes ausdrücklich
anerkannt worden, dass ganz Schles-
wig Deutschland verbleibe; dass kein
Theil von Schleswig, wenn nicht der
laute, unverhohlen und úberzeugend
ausgesprochene Wille eines Theils der
Bevölkerung im entgegengesetzten
Sinne sich äussert, von Deutschland
getrennt werden dürfe. Schleswig ist
erst jetzt ein Theil von Deutschland
geworden, Schleswig soll erst staats-
rechtlich zu Deutschland kommen, und
da ist es immerhin noch möglich, dass
Diejenigen, welche diese Verbindung
nicht wünschen, gegen ihren erklärten
Willen nicht dazu gezwungen werden
sollen. Ich bin fest überzeugt, nach
dem, was die verehrten Mitglieder
für Schleswig und Holstein mir oft
eröffneten, dass kein Theil von Schles-
wig je daran denken wird, von dem
andern Theil sich zu trennen und bei
Dänemark zu bleiben; allein ich habe
geglaubt, gegen den Willen der Vol-
ker sollte über sie nicht verfügt wer-
den dürfen, und darum glaube ich,
dass es kein Treubruch an der Sache
Schleswigs, kein Verrath an der Sache
Deutschlands wäre, wenn, den Fall
angenommen, dass auch ein Theil
Schleswigs den Wunsch aussprechen
würde, nicht bei Deutschland zu blei-

1 Martens, N. R. G., vol. 12, p. 299.

a basic condition of any conclusion of
peace with Denmark, it has been ex-
pressiy recognized by the German
Confederation that the whole of
Schleswig shall remain with Ger-
many : that no part of Schleswig may
be separated from Germany, unless
the distinct, free and conclusively ut-
tered will of a part of the population
has expressed itself in the contrary
sense. Schleswig has but now be-
come a part of Germany. Schleswig
shall first become a national part of
Germany, and it is, therefore, still
possible for those who do not desire
such a union, that they shall not be
compelled thereto against their ex-
pressed will. I am firmly convinced
because of what the honorable mem-
bers from Schleswig and Holstein
have often told me, that no part of
Schleswig will ever think of separat-
ing from the other part and of re-
maining part of Denmark; but I have
been of the opinion that peoples
should not be disposed of against their
will and, therefore, I believe that it
would be no breach of faith to the
cause of Schleswig, no treason against
the cause of Germany, if, supposing
that a part of Schleswig should ex-
press the desire not to remain as a
part of Germany, this desire should
be complied with; . . . ;

2 Envoy from Austria and President of the Germanic Diet.

880

ben, diesem Wunsche entsprochen
werden dürfte; .

WURM von HAMBURG: . . . Eng-
land seinerseits kann nicht winschen,
dass Dánemark den Schlüssel zur
Ostsee in russiche Hande überant-
wortet, es wird nicht die Schutzherr-
schaft Dánemarks den Russen allein
überlassen wollen. Sind das Russ-
lands Absichten, so wird es ihre Aus-
führung nicht von dem Besitz einiger
Aemter in Nord-Schleswig abhangen
lassen. Allerdings hat die provisor-
ische Regierung von Schleswig-Hol-
stein in einem Aufruf vom 30. Marz
unter Anderm erklärt, sie wolle frei
abstimmen lassen, die Männer von
Nord-Schleswig sollten nach eigener
freier Wahl erklàren, ob sie wollten
Deutsche oder Dänen sein. . . .

RAUMER von BERLIN: . . . Man
hat dänischer Seits zuerst zu London
einen Plan zur Abschliessung eines
Waffenstilltandes überreicht. Bei
weiteren Verhandlungen mit Eng-
lang ergab sich nur einige Schwierig-
keit, nämlich, dass der Gedanke selbst
in Schleswig-Holstein auftauchte,
dass man in besonderer Beziehung auf
den nördlichen Theil von Schleswig
den sämmtlichen Bewohnern die freie
Wahl zugestehen sollte, wohin sie sich
wenden wollten. Dieser Punkt war
in den weiteren Verhandlungen und
Vorschlägen nicht ganz zu umgehen.
Sonst lauten die Friedensvorschläge,
die zuletzt von Lord Palmerston in
London angenommen und in Kopen-
hagen empfohlen wurden, im We-
sentlichen folgendermaassen : 1)
Der König von Dänemark nimmt

DOCUMENTS

WURM von HAMBURG: . . . Eng-
land, on her part, can not desire that
Denmark should deliver the key to the
Baltic Sea into Russian hands; she
will not leave the protection of Den-
mark to the Russians alone. If such
are the intentions of Russia, the lat-
ter will not let their execution depend
on the possession of a few offices in
North Schleswig. To be sure, the
Provisional Government of Schles-
wig-Holstein, in a proclamation of
March 30, has declared among other
things, that it would have a free vote
taken, that the men of North Schles-
wig should declare by their own free
election if they would be German or
Danish. . ..

RAUMER VON BERLIN: ... On the
part of Denmark there was at first
a plan submitted in London for the
conclusion of an armistice.

In the course of further negotia-
tions with England there arose but
one difficulty, to wit, that in Schles-
wig-Holstein the idea gained ground
that with special reference to the
northern part of Schleswig, free elec-
tion should be granted to all the
inhabitants, to determine in what di-
rection they would turn. Consider-
ation of this matter in subsequent ne-
gotiations and propositions could not
be entirely avoided. In all other re-
spects, the peace propositions which
were finally accepted by Lord Pal-
merston in London and recommended
in Copenhagen read essentially as fol-
lows:

THE SCHLESWIG QUESTION, 1848

den Beschluss der Einverleibung
Schleswigs in das Königreich Däne-
mark zurück, und erkennt das Recht
Holsteins auf unzertrennliche Ver-
bindung mit Schleswig an. Die Ver-
bindung mit Dänemark bezieht sich
nur auf die Herrschaft des Hauses
Oldenburg im Mannsstamme, 2)
Durch gütliche Verständigung wird
die Trennung der Finanzen, des
Heeres, der Flotte und der Schulden
eintreten. 3) Dänemark willigt in
die Aufnahme der beiden Herzog-
thümer in den deutschen Bund. Doch
soll dem nördlichen Theile Schleswigs
erlaubt sein, sich frei und offen über
eine Vereinigung mit Dänemark zu
erklären. Diese Bedingungen sind
vorzugsweise von Preussen aufgestellt
worden, in Uebereinstimmung mit den
hiesigen Beschlüssen und Wünschen,
und nur eine schon bemerkte Bedin-
gung über das nördliche Schleswig
musste modificirt werden. . . .

MICHELSEN AUS NORDSCHLESWIG:
. . . Es darf Sie nicht verwundern,
wenn ich als Nordschleswiger im Na-
men einer dänischredenden Bevölke-
rung erkläre: Wir wollen nicht
Dänen werden; weil wir es nicht sind,
können wir es auch nicht werden.
Wir sind auch durchaus der Ansicht
(in dem District, den ich zu vertreten
die Ehre habe), dass man uns nicht
von Schleswig abtrennen kann. Wenn
daher ein Friede geschlossen würde,
der in Widerspruch stände mit diesem
Recht, ein Friede, der uns aufopfern
würde im Widerspruche mit dem
Rechts- und Nationalgefühl: es wäre
das ein Friede, der die Ehre Deutsch-
lands verletzt. . . .

881.

(1) The King of Denmark with-
draws his decision anent the incorpo-
ration of Schleswig with the King-
dom of Denmark and recognizes the
right of Holstein to indivisible union
with Schleswig. The union with
Denmark refers only to the sovereign-
ty of the Oldenburg House, agnatic
line. (2) The finances, separation
of the army, the fleet and the debts
shall be arrived at by means of an
amicable understanding. (3) Den-
mark consents to the incorporation of
both duchies in the German Confed-
eration, but it shall be permitted to the
northern part of Schleswig, to declare
freely and openly with regard to a
union with Denmark. These condi-
tions were set up primarily by Prussia
in agreement with the decisions and
wishes as here set forth, and only one
condition, already remarked upon
concerning North Schleswig, had to
be modified. . . . |

MICHELSEN OF NORTH SCHLESWIG:

. + + It must not surprise you if
I, as from North Schleswig, in the
name of a Danish-speaking popula-
tion now declare that we do not want
to become Danes, because we are not
Danes, and because we can not become
Danes. In the district which I have
the honor to represent, we are of one
opinion and that is that we can not
be separated from Schleswig. There-
fore, should a peace be concluded in
conflict with this right, and a peace
sacrificing us, contrary to the senti-
ment of right and of national feeling,
this would be a peace that would tar-
nish the honor of Germany... .

882

GuLicH Von Norp-ScHLESWIG:
Wir waren keine Dánen, wir sind
keine Dänen, wir wollen keine Dánen
werden und unsere Committenten
ebensowenig. . . .

WAITZ AUS GÖTTINGEN: . . . Die
preussische Regierung hat noch daran
festgehalten . . . was die proviso-
rische . . . Regierung Schleswig-
Holsteins selbst ausgesprochen, und
bis heute nicht Öffentlich zurückge-
nommen hat, dass diejenigen Theile
Nord-Schleswigs, welche nicht
deutsch sein wollen, ihre Wege für
sich gehen und den Dänen sich an-
schliessen können. Ist das mehr als
Gerechtigkeit, ist das mehr, als was
Sie in anderer Beziehung jeden Tag
fordern? .

HECKSCHER AUS HAMBURG: . . .
Der ganze Inhalt, die ganze Richtung
meiner Berichterstattung war, das un-
zweideutige Recht der Herzogthümer
auf ihre Selbstindigkeit, auf ihre un-
zertrennliche Verbindung und auf
die agnatische Erbfolge hinzustellen :

er hat keinen andern Inhalt; aber.

davon habe ich getrennt eine andere
Frage: hat Deutschland ein Recht
darauf, ein begründetes, erworbenes,
nothwendig anzuerkennendes Recht,
es solle ihm das ganze Herzogthum
Schleswig einverleibt werden? . . .
Ja, Sympathien für Deutschland
sind in Schleswig vorhanden, das ist
Thatsache. Von allen Boten aus
jenem Lande, von den Abgeordneten
von dorther ist diess einstimmig be-
hauptet worden. Ich kónnte aber sa-
gen, dass dort eine Fiille umfangrei-
cher Zweifel in dieser Beziehung statt-

DOCUMENTS

GÚLICH OF NORTH ScHLESWIG:
We were not Danes, we are not
Danes, we and our constituents do not
desire to be Danes. . . .

WAITZ OF GÖTTINGEN: . .. The
Prussian Government still insists
. upon what the provisional . . .
Government of Schleswig-Holstein 1t-
self has expressed and to this day not
withdrawn, that is to say, that those
parts of North Schleswig which do
not desire to be German may go their
own way and join the Danes. Is
this anything more than justice, is
this more than what you in other re-
spects would demand every day. . . .

HECKSCHER OF HAMBURG: . . .
The entire contents, the whole tenor
of my report was to present the in-
dubitable right of the Duchies to their
independence, to their indivisible
union and to the agnatic succession;
it has no other purport; but for this
I have set apart another question: has
Germany a right, has Germany a well
founded and well acquired right that
should of necessity be recognized, to
incorporate the entire duchy of Schles.
wig?...

Yes, it is a fact that in Schles-
wig there exist sympathies for Ger-
many. This has been unanimously
asserted by all witnesses from that
country, from the representatives of
that country. I might say, however,
that great doubts exist there in this
respect and that the Provisional Gov-

THE SCHLESWIG QUESTION, 1848

finden und dass die provisorische
Regierung zuerst auf das Recht der
freien Wahl als volksthümlich provo-
cirt hat... .

883

ernment was the first to invoke the
right of the people to a free choice. ...

Dispatch of the French Minister of Foreign Affairs to the French Plenipo-

tentiary at London.

Paris, le 20 mars 1864.

Prince, le Gouvernement britan-
nique fait en ce moment de nouvelles
demarches pour provoquer la réunion
d’une Conférence, et les parties bel-
ligérantes ne paraissent plus aussi op-
posées qu'elles l’étaient précédemment
à l’ouverture des négociations. Vous
savez que nous n'avons point d'objec-
tions à y participer, si elles sont ac-
ceptées par toutes les autres Cours, et
je vous ai fait connaître à ce sujet les
intentions du Gouvernement de l’Em-
pereur par ma dépêche du 14 de ce
mois. Mais, avant de prendre place
dans la Conférence, je désire que vous
fassiez part au Cabinet de Londres les
idées et des sentiments que nous y
apporterons. Cette communication
tout amicale expliquera peut-être
mieux que nous n’avons eu l’occasion
de le faire jusqu'ici la ligne de con-
duite suivie par le Gouvernement Im-
périal dans le différend dano-alle-
mand. Elle contribuera aussi, je l’es-
père, à faire cesser les suppositions
d'arriére-pensées qu'on nous a si gra-
tuitement pretees.

En nous associant à cette tentative
de pacification, nous nous trouverons

March 20, 1864 *

Paris, March 20, 1864.

Prince, the British Government is
at this moment taking new steps to
bring about the meeting of a confer-
ence, and the belligerent parties do
not appear as opposed as formerly to
the opening of negotiations. You
are aware that we have no objection
‘to participating in them, if they are
accepted by ‘all the other Courts, and
I have acquainted you with the in-
tentions of the government of the
Emperor on this subject by my dis-
patch of the 14th of this month. But,
before taking part in the conference,
I desire you to impart to the Cabinet
at London the ideas and sentiments
which we shall bring there. This
wholly amicable communication will
perhaps explain better than we have
had the opportunity of doing up to
now, the line of conduct followed by
the Imperial Government in the Dano-
German dispute. It will contribute
also, I hope, to the ending of the sus-
picions of arrière-pensées which have
been so gratuitously imputed to us.

In associating ourselves with this
attempt at pacification, we shall find

1 Affaires Etrangeres de la France. Documents diplomatiques, 1864, Affaire des duchés

de l'Elbe, p. 15.

884

en présence de deux grands intéréts.
D'un côté, nous avons à tenir compte
de stipulations arrétées dans des vues
d'équilibre européen et revétues de la
signature de la France; de l'autre, il
est impossible de nier les sentiments
de répulsion qui s'élevent contre
l'œuvre des plénipotentiaires de 1852.
Nous sommes loin de contester la sa-
gesse de la combinaison que le Traité
de Londres a eu pour objet de placer
sous la sauvegarde du droit public
de l’Europe, et si, faisant abstraction
de l'opposition de l'Allemagne et des
manifestations des Duchés, nous
étions libres d’obéir à la seule inspira-
tion de nos sympathies traditionnelles
pour le Danemark, tous nos efforts
seraient consacrés à maintenir cette
transaction. Mais il ne nous est pas
permis de méconnaitre les obstacles
qui s'opposent à Pexécution pure et
simple du Traité de 1852, Si, pour
quelques Puissances, le Traité de Lon-
dres a une existence séparée et une
autorité qui lui est propre, indé-
pendamment des engagements conclus
à la même époque entre 1'Allemagne
et le Danemark, pour d’autres, au con-
traire, il est subordonné à ces mêmes
engagements, dont on ne saurait le
séparer. Parmi les Etats allemands,
les uns ont refusé leur adhésion ou ne
l'ont accordée que sous une forme re-
strictive ; les autres, après y avoir ad-
here naguère, s’en déclarent affranchis
maintenant. Enfin, la Confédération
germanique semble contester la valeur
d’un acte auquel elle n’a pas concouru.

En présence de cette diversité d’ap-

DOCUMENTS

ourselves in the presence of two great
interests. On one side we must take
account of the agreements drawn up
with the view to European equilibrium
and bearing the signature of France;
on the other, it is impossible to deny
the sentiments of repulsion which
have arisen against the work of the
plenipotentiaries of 1852. We are
far from contesting the wisdom of
the arrangement which the Treaty of
London aimed to place under the safe-
guard of the public law of Europe,
and if, without taking into considera-
tion the opposition of Germany and
the manifestations of the Duchies, we
were free to obey only the inspiration
of our traditional sympathy for Den-
mark, all our efforts would be devoted
to the maintenance of this compro-
mise. But it is impossible for us to
ignore the obstacles which confront
the pure and simple execution of the
treaty of 1852. If, for some Pow-
ers, the Treaty of London has a sep-
arate existence and an authority which
is proper to it, independent of the en-
gagements concluded at the same time
between Germany and Denmark, for
the others, on the contrary, it is sub-
ordinate to these same engagements,
from which it can not be separated.
Among the German States, some have
refused their adhesion or have given
1t in only a restricted form; others,
after having first adhered to it, have
now openly denounced it. Finally,
the Germanic Confederation appears
to contest the value of an act in which
1t has not concurred.

In the presence of this diversity of

THE SCHLESWIG QUESTION, 1848

préciations qui fera naitre d'insur-
montables difficultés, il me parait in-
dispensable d’examiner les intérêts
impliqués dans la guerre actuelle, sans
se préoccuper exclusivement de la let-
tre du Traité.

La cause, comme le caractère dis-
tinctif de cette lutte, est évidemment
la rivalité des populations qui com-
. posent la monarchie danoise. Il ex-
iste chez chacune d'elles un sentiment
national dont la force ne saurait étre
mise en doute. Quoi donc de plus
naturel, à défaut d'une règle unanime-
ment acceptée, que de prendre pour
base le vœu des populations? Ce
moyen, conforme aux véritables in-
térêts des deux parties, nous parait
le plus propre à amener un arrange-
ment équitable et offrant des garan-
ties de stabilité. En demandant l’ap-
plication d'un principe fondamental
de notre droit public, et en réclamant
pour le Danemark comme pour l’Alle-
magne le bénéfice de ce principe, nous
croyons proposer la solution la plus
juste et la plus facile de cette ques-
tion, qui excite dans toute l’Europe
une si vive inquiétude.

Agréez, etc.

(Signé) Drouyn DE LHuys.

885

opimion which will give birth to in-
surmountable difficulties, it appears to
me indispensable to examine the inter-
ests involved in the present war, with-
out being preoccupied exclusively with
the letter of the treaty.

The cause, like the distinctive char-
acter of this struggle, is evidently the
rivalry of the populations which com-
pose the Danish monarchy. With
each there exists a national sentiment
whose strength can not be doubted.
What more natural, in default of a
rule unanimously accepted, than to
take for basis the wish of the popula-
tions? This method, which conforms
with the true interests of the two
parties, appears to us to be the most
suited to. effect an equitable arrange-
ment and as offering guarantees of
stability. In demanding the applica-
tion of a fundamental principle of our
public law, and in claiming for Den-
mark and for Germany the benefit of
this principle, we believe ourselves to
be proposing the most just and the
easiest solution of this question, which
is exciting throughout Europe such a
lively disquiet.

I avail, etc.,

Signed, DROUYN DE LHuys.

886

DOCUMENTS

Protocols of Conferences Held at London between Great Britain, Austria,
Denmark, France, Germanic Confederation, Prussia, Russia, and Sweden
and N orway, for the Reestablishment of Peace between Austria, Prussia,
and Denmark. April 25 to June 22, 1864!

SUMMARY OF THE DELIBERATIONS OF THE CONFERENCE OF LONDON OF APRIL 25 TO
JUNE 22, 1864 ?

A l’invitation du Gouvernement de
Sa Majesté Britannique, les Plénipo-
tentiaires des Cours d'Autriche, de
Danemark, et de France, de la Con-
fédération Germanique, des Cours de
Prusse, de Russie, et de Suède et Nor-
vege, se sont réunis en Conférence, à
Londres, dans le but de s'entendre sur
les arrangements á prendre d'un com-
mun accord, afin de rétablir la paix
entre le Danemark et l’Allemagne.

La première réunion a eu lieu le 25
Avril.

Le premier soin des Plénipoten-
tiaires de la Grande Bretagne a eu
pour object d'inviter les belligérants à
consentir à une suspension des hostili-
tés; mesure préalable également ré-
clamée dans l'intérêt de l'humanité et
dans celui des négociations confiées
aux soins de la Conférence.

Cette proposition, faite par le
Comte Russell dans la séance du 25
Avril, a été appuyée unanimement par
les Plénipotentiaires de France, de
Russie, et de Suede.

On the invitation of the Govern-
ment of His Britannic Majesty, the
Plenipotentiaries of the Courts of
Austria, Denmark, France, the Ger-
manic Confederation, Prussia, Russia,
and of Sweden and Norway, have met
in Conference at London, with the ob-
ject of agreeing on the arrangements
to be taken by common consent, to re-
store peace between Denmark and
Germany.

The first meeting took place on
April 25.

The first care of the Plenipoten-
tiaries of Great Britain was to invite
the belligerents to consent to a sus-
pension of hostilities; a preliminary
measure equally demanded by the in-
terests of humanity and by those of
the negotiations confided to the care
of the Conference.

| This proposition, made by Earl
Russell at the session of April 25, was
unanimously supported by the Pleni-
potentiaries of France, of Russia and
of Sweden.

1 Brit. St. Pap., vol. 54, p. 173; Martens, N. R. G., vol. 17, pt. 2, p. 347. The Plenipo-

tentiaries were — for Austria, Count Apponyi and M. de Biegeleben; for Denmark, MM.
de Quaade, de Bille and Krieger; for France, Prince de la Tour d’Auvergne; for the Ger-
man Confederation, Baron de Beust; for Great Britain, Earl Russell and the Farl of Clar-
endon; for Prussia, Count Bernstorff and M. de Balan; for Russia, Baron de Brunnow, and
for Sweden and Norway, Count Wachtmeister. Jbid., 348.

2 Extracts from the annex to Protocol No. 12, June 25, 1864, Br. St. Pap., vol. 54, p. 289.

THE SCHLESWIG QUESTION, 1848

Une discussion prolongée s'est en-
gagée sur la suspension simultanée des
hostilités par terre et sur mer. Le
Gouvernement Danois a insisté
d’abord sur le maintien du blocus,
qu'il considérait comme l'équivalent
de l’occupation des Duchés par les
troupes alliées.

Nous abrégerons le récit de ce long
débat. Dans l'opinion des Représen-
tants des Puissances neutres il-eût été
préférable de conclure un armistice
régulier, d'une certaine durée, afin de
laisser aux négociations toute la lati-
tude nécessaire. Les Cours de Prusse
et d'Autriche se sont montrées prêtes a
consentir à cette proposition. Le
Cabinet Danois n’a point voulu y ad-
hérer, car les mesures de représailles
par mer étant les seules qui fussent
au pouvoir du Danemark, il est facile
à comprendre que les Plénipotentiaires
Danois n'aient pas voulu priver leur
Gouvernement de cette arme, pendant
un espace de temps trop prolongé, sur-
tout dans la Baltique, où la navigation
est de courte durée.

Nous indiquons cette considération
dans un esprit de strict équité, quelque
nuisible que fút pour la négociation
elle-même la restriction apportée par
le Danemark à la suspension des hos-
tilités.

Le Gouvernement Danois l’a limitée
à 4 semaines, savoir, du 12 Mai, au 12
Juin.

Après avoir obtenu ce premier ré-
sultat, LES PLÉNIPOTENTIAIRES DE LA
GRANDE BRETAGNE ont proposé de

887

A prolonged discussion was en-
gaged in as to the simultaneous sus-
pension of hostilities by land and by
sea. The Danish Government in-
sisted at once on the maintenance of
the blockade, which it considered as
the equivalent of the occupation of
the duchies by the Allied troops.

We shall shorten the recital of this
long debate. In the opinion of the
Representatives of the neutral Powers
it would have been preferable to con-
clude a regular armistice, of certain
duration, in order to leave to the ne-
gotiations all the latitude necessary.
The Courts of Prussia and of Aus-
tria showed themselves ready to con-
sent to this proposition; the Danish
Cabinet did not at all wish to adhere
to it, for the measures of reprisal by
sea being the only ones in the power
of Denmark, it is easy to understand
that the Danish Plenipotentiaries did
not wish to deprive their Government
of this arm for too long a term, es-
pecially in the Baltic where the navi-
gation season is short.

We indicate this consideration in a
spirit of strict equity, however pre-
judicial the restriction made by Den-
mark to the suspension of hostilities
was to the negotiations themselves.

The Danish Government has lim-
ited it to four weeks, that is to say
from May 12 to June 12.

After having obtained this initial
result, the PLENIPOTENTIARIES OF
GREAT BRITAIN proposed to proceed,

888

procéder, dans la prochaine séance, á
la discussion de préliminaires de paix.

Dans ce but, le 12 Mai Lorp Rus-
SELL, . . . a reconnu qu'il apparte-
nait à MM. les Plénipotentiaires d’Au-
triche et de Prusse d'exposer les mo-
tifs qui ont engagé leurs Gouverne-
ments à occuper une grande partie du
territoire Danois, et de faire con-
naitre les intentions de leurs Cours
en vue du rétablissement d’une paix
solide.

En réponse à cet appel, M. LE PRE-
MIER PLÉNIPOTENTIARE DE PRUSSE a
cru devoir déclarer que les Puissances
Allemandes, avant d'entrer en discus-
sion sur les conditions du rétablisse-
ment de la paix avec le Danemark,
doivent faire observer qu'elles re-
gardent “le terrain de la discussion
comme entièrement libre de toute re-
striction résultant d'engagements qui
peuvent avoir existé avant la guerre
entre leurs Gouvernements et le Dane-
mark.” “ En revendiquant ainsi pour
elles-mêmes une entière liberté de dis-
cussion et la faculté de faire telles
propositions qu'elles jugeront de na-
ture á assurer une pacification solide
. et durable, les Puissances Allemandes
n'entendent exclure aucune combinai-
son qui pourra servir á faire atteindre
ce but, sans porter préjudice à des
droits acquis.”

Les développements dans lesquels
MM. les Plénipotentiaires des Cours
Allemandes sont entrés á ce sujet
durant les séances du 12 et du 17 Mai
ont mis au grand jour une divergence
complète d'opinion entre tous les

DOCUMENTS

at the next session, to a discussion of
the preliminaries of peace.

To this end, on May 12, Lorp Rus-
SELL, . . . recognized the fact that
it is for the Plenipotentiaries of Aus-
tria and of Prussia to explain the
motives which led their Governments
to occupy a great part of the Danish
territory, and to make known the in-
tentions of their Courts in view of the
restoration of a durable peace.

In answer to this appeal, the
FIRST PLENIPOTENTIARY OF PRUSSIA
thought it his duty to declare that the
Germanic Powers, before entering on
a discussion of the conditions of the
restoration of peace with Denmark,
must observe that they regard “ the
field of discussion as entirely free
from all restrictions resulting from
engagements which may have existed
before the war between their Govern-
ments and Denmark.” “In thus
claiming for themselves full freedom
of discussion and the faculty of mak-
ing such propositions as they judge to
be of a nature to assure a solid and
durable pacification, the Germanic
Powers have no intention of exclud-
ing any arrangement which could
serve to canse the attainment of this
end, witnout prejudicing rights al-
ready acquired.”

The developments into which the
Plenipotentiaries of the Germanic
Courts have entered on this subject
during the sessions from May 12 to
17 have brought to light a complete
divergence of opinion between all the

THE SCHLESWIG QUESTION, 1848

Membres de la Conférence quant à la
validité des engagements résultant du
Traité de Londres de 1852.

MM. LES PLÉNIPOTENTIAIRES DE
LA GRANDE BRETAGNE ont maintenu
le respect dù aux obligations réci-
proques contractées par toutes les
Puissances signataires de ce Traité.
Ils ont fait observer que quoique la
guerre puisse, à la rigueur, dissoudre
un Traité entre deux Puissances de-
venues belligérantes, elle ne saurait
dégager ces Puissances de leurs obli-
gations envers les autres Puissances
cosignataires du même Traité. Ils
ont démontré qu'avant de déchirer cet
Acte il faudrait justifier cette décision
par des raisons satisfaisantes. Enfin,
avant de se départir d’une transaction
il faudrait dire par quoi on prétend la
remplacer.

LE PLÉNIPOTENTIAIRE DE RUSSIE
s’est énoncé entièrement dans le même
esprit. . ..

M. LE MINISTRE DE SUÈDE, en ad-
hérant au point de vue développé par
le Plénipotentiaire de Russie, . . .

M. L'AMBASSADEUR DE FRANCE,
animé des mêmes dispositions con-
ciliantes, a demandé aux Plénipo-
tentiaires Allemands si, dans le cas où
les arrangements de 1851 et de 1852
ne seraient pas susceptibles d’être
maintenus, ils ne croiraient pas pos-
sible d’y substituer de nouvelles com-
binaisons, sans s’ecarter du cercle
tracé par les stipulations du Traité.

M. DE QUAADE a soutenu que son
Gouvernement regarde le Traité de
1852 comme étant toujours en vi-

889

members of the Conference as to the
validity of the engagements resulting
from the Treaty of London of 1852.

The PLENIPOTENTIARIES OF GREAT
BRITAIN have maintained the respect
due to reciprocal obligations con-
tracted by all the Powers signatory to
this treaty. They have observed that
although, strictly, war might dissolve
a treaty between two Powers, since
become belligerent, it could not relieve
these Powers from their obligations
towards the other Powers, cosigna-
tories to the treaty. They demon-
strated that before destroying this
Act, such a decision must be justified
by satisfactory reasons. Finally, be-
fore abandoning a transaction, it is
necessary to say by what it shall be
replaced.

The PLENIPOTENTIARY OF RUSSIA
stated his position in the same spirit

The MINISTER OF SWEDEN, adher-
ing to the point of view developed by
the Plenipotentiary of Russia...

The AMBASSADOR OF FRANCE, ani-
mated by the same conciliatory dis-
positions, asked the Germanic Pleni-
potentiaries if, in case the arrange-
ments of 1851 and of 1852 could not
be maintained, they did not believe it
possible to substitute new combina-
tions without discarding the sphere
traced by the stipulations of this
treaty.

M. DE QUAADE maintained that his
Government looks on the treaty of
1852 as being at all times in force.

890

gueur. M. le Baron de Beust a con-
staté que sa validité n'a jamais été
reconnue par la Confédération.

En présence de doctrines aussi di-
vergentes, on ne pouvait guére s'at-
tendre à parvenir à un résultat con-
forme à la pensée de conciliation et de
paix dans laquelle le Gouvernement de
Sa Majesté Britannique avait invité
les Cabinets à se faire représenter en
Conférence à Londres.

Cependant, quelque incertain que
parút, des l'origine, l'espoir d’arriver
á une conclusion satisfaisante, les
Plénipotentiaires de la Grande Bre-
tagne, dans un complet accord avec
les Plénipotentiaires des Puissances
neutres, n'en persistérent pas moins
dans leurs efforts afin d'amener un
rapprochement entre les deux parties
belligérantes.

Animé par ce désir, Le COMTE Rus-
SELL a ouvert la séance du 17 Mai par
rappeler l’engagement pris par M. le
Comte de Bernstorft d'annoncer les
bases de pacification que les Cours
d'Autriche et de Prusse se proposaient
de soumettre à la Conférence.

Le Protocole no. 5 expose les
moyens que les Plénipotentiaires Alle-
mands ont considérés comme les plus
propres à amener une pacification
solide et durable. . .

Il en résultait que dans la pensée des
Cours de Vienne et de Berlin il s’agis-
sait de rendre les Duchés complète-
ment indépendants sous le rapport
politique et administratif, de laisser
subsister un lieu dynastique entre les
Duchés et la Monarchie Danoise;

DOCUMENTS

Baron von Beust stated that its va-
lidity has never been recognized by
the Confederation.

In presence of doctrines so diver-
gent, one could scarcely expect to
achieve a result in conformity with
the idea of conciliation and of peace
in which the Government of Her
Britannic Majesty had united the
Cabinets to send representatives to the
Conference at London.

Nevertheless, no matter how uncer-
tain from the beginning the hope of
arriving at a satisfactory conclusion
appeared, the Plenipotentiaries of
Great Britain, in complete agreement
with the neutral Powers, did not
lessen the persistence of their efforts
to bring about an agreement between
the two belligerent parties.

Animated by this desire, EARL
RUSSELL opened the session of May
17 by recalling the engagement un-
dertaken by Count von Bernstorff to
announce the basis for pacification
which the Courts of Austria and of
Prussia proposed to submit to the
Conference.

Protocol No. 5 sets forth the means
which the Germanic Plenipotentiaries
considered to be the most suitable for
bringing about a solid and durable
pacification. . . .

It results that in the mind of the
Courts of Vienna and of Berlin it is a
question of making the duchies com-
pletely independent as to political and
administrative matters, allowing a
dynastic tie to remain between the
Dutchies and the Danish Monarchy;

THE SCHLESWIG QUESTION, 1848

mais de subordonner ce lien dynas-
tique á la décision que la Diéte de
Francfort porterait sur la validité des
titres du Roi Chrétien IX en sa
qualité de Duc de Holstein.

Pour achever de caractériser le
mérite de ce programme, mis en avant
au nom de l’Autriche et de la Prusse,
1l importe de constater que le Plénipo-
tentiaire de la Confédération Ger-
manique a cru devoir ne point s’y as-
socier. Finalement, ce Ministre a
affirmé que la majorité de la Diete
refuserait son adhésion a un arrange-
ment qui, méme sous une forme con-
ditionnelle, rétablirait une union entre
les Duchés et le Danemark!

Ces explications n’ont point permis
aux Plénipotentiaires Danois de don-
ner leur assentiment à un semblable
programme. Aussi n'ont-ils pas hé-
sité à le déclarer entièrement inadmis-
sible.

‘Ce refus a mis fin à la première
combinaison, proposée par MM. les
Plénipotentiaires Allemands en vue de
rétablir une paix solide et durable.

La séance du 28 Mai a été ouverte
par une second proposition présentée
par MM. les Plénipotentiaires d'Au-
triche et de Prusse. . . .

Protocole No. 6.— Séance du 28 Mai,
1864."

M. LE Comte RussELL demande a
MM. les Plénipotentiaires Allemandes
s'ils ont des propositions à faire à la
Conférence.

1 Brit. St. Pap., vol. 54, p. 199.

891

but to subordinate the dynastic tie to
the future decision of the Diet of
Francfort on the validity of the titles
of King Christian IX in his quality of
Duke of Holstein.

In order to characterise the merit
of this program, put forward in the
name of Austria and of Prussia, it is
important to state that the Plenipoten-
tiary of the Germanic Confederation
has not considered himself at liberty
to join in it. Finally, this Minister
has affirmed that the majority of the
Diet would refuse their adhesion to
an arrangement which, even in a con-
ditional form, would restore a union
between the duchies and Denmark!

These explanations made it impos-
sible for the Danish Plenipotentiaries
to give their assent to such a pro-
gram, nor have they hesitated to de-
clare it to be entirely inadmissible.

This refusal put an end to the first
combination, proposed by the Ger-
manic Plenipotentiaries with a view
to restoring a solid and durable peace.

The session of May 28 was opened
by a second proposition presented by
the Plenipotentiaries of Austria and
of Prussia. . .

Protocol No. 6.— Session of May 28,
1864.

EARL RusseLL asks the German

Plenipotentiaries whether they have

any propositions to make to the Con-

ference.

892

M. LE COMTE APPONYI répond en
donnant lecture d'une proposition
conçue en ces termes:

‘ Après que les demandes de l’Au-
triche et de la Prusse, présentées
dans la dernière séance de la Con-
férence, ont été déclarées entière-
ment inadmissible par MM. les Pléni-
potentiaires Danois, même dans la
supposition qu’une décision de la
Diète admit les droits de succession de
Sa Majesté le Roi de Danemark dans
les Duchés, les Plénipotentiaires des
Puissances Allemandes ont reçu l’or-
dre de demander, de concert avec le
Plénipotentiaire de la Confédération
Germanique, la séparation complète
des Duchés de Schleswig et de Hol-
stein du Royaume de Danemark, et
leur réunion dans un seul Etat sous la
souveraineté du Prince Héréditaire de
Schleswig-Holstein-Sonderbourg-Au-
gustenbourg, qui peut non-seulement
faire valoir, aux yeux de 1'Allemagne,
le plus de droits á la succession dans
lesdits Duchés, et dont la reconnais-
sance par la Diéte Germanique est as-
surée en conséquence, mais qui réunit
aussi les suffrages indubitables de
l'immense majorité des populations
de ces pays.”

M. LE ComTE RUSSELL donne lec-

ture ensuite de la déclaration sui-

vante: —

“Les Plénipotentiaires de la Grande
Bretagne ont vu avec un vif regret
que la dernière séance de la Confér-
ence n’a pas eu pour resultat d'établir
les bases d'un accord entre 1'Alle-
magne et le Danemark.

“Selon nous on ne saurait pas

DOCUMENTS

COUNT APPONYI answers by read-
ing a proposition couched in these
terms:

“ After the demands of Austria and
Prussia, presented in the last session
of the Conference, were declared ab-
solutely inadmissible by the Danish
Plenipotentiaries, even under the sup-
position that a decision of the Diet
would admit the rights of His Maj-
esty, the King of Denmark, in the
duchies, the Plenipotentiaries of the
Germanic Powers have received the
order to demand, in concert with the
Plenipotentiary of the Germanic Con-
federation, the complete separation of
the Duchies of Schleswig and of Hol-

“stein from the Kingdom of Denmark,

and their union in a single state under
the sovereignty of the Hereditary
Prince of Schleswig-Holstein-Sonder-
burg-Augustenburg, who, in the eyes
of Germany not only has the most
right to the succession in the said
duchies, and whose recognition by the
Germanic Diet is assured in conse-
quence, but who also commands the
undoubted suffrages of the immense
majority of the populations of that
country.”

EarL RussELL thereupon reads the
following declaration: —

“ The Plenipotentiaries of Great
Britain have observed with deep re-
gret that the last session of the Con-
ference has not resulted in establish-
ing bases of accord between Germany
and Denmark.

“ Accordingly we are unable to find

THE SCHLESWIG QUESTION, 1848 . 893

trouver les éléments d'une paix solide
et durable, ni dans les engagements de
1851, lesquels pendant 12 ans n'ont
porté d'autre fruit que dissentiments
et troubles, ni dans l'analyse d'un droit
obscur et compliqué.

“ Mais à moins de pouvoir poser les
bases d’une paix solide et durable, il
n'est pas de la compétence des Puis-
sances neutres de renoncer au Traité
solennel par lequel elles ont reconnu
l'intégrité de la Monarchie Danoise,
et elles ne pourraient non plus con-
courir à un nouvel arrangement qui
serait insuffisant pour l’AHemagne, ou
humiliant pour le Danemark.

“Tl faut donc chercher ailleurs les
éléments d’une paix solide et durable.

‘ Depuis de longues années une vive
sympathie envers leurs frères sujets
du Roi de Danemark anime les Alle-
mands de la Confédération Ger-
manique. Les Danois, de leur cóté,
sont inspirés par l'amour de l’indé-
pendance et le désir de maintenir leur
ancienne Monarchie. Ces sentiments,
de part et d'autre, méritent le respect
de l’Europe.

“ Pour prévenir une lutte future, et
pour satisfaire à 1'Allemagne, il fau-
drait, selon nous, séparer entièrement
de la Monarchie Danoise, le Hol-
stein, le Lauenbourg, et la partie mé-
ridionale du Schleswig.

“ Pour justifier un sacrifice aussi
vaste de la part du Danemark, et pour
maintenir l'indépendance de la Monar-
chie Danoise, il est à desirer, selon
nous, que la ligne de la frontiére ne
soit pas tracée plus ou nord que l’em-

the elements of a solid and durable
peace, either in the engagements of
1851 which for twelve years have
borne no fruit save dissension and
trouble, nor in the analysis of an ob-
scure and complicated right.

““ But unless we can lay the basis of
a solid and durable peace it is not
within the competence of the neutral
Powers to renounce the solemn treaty
by which they have recognized the in-
tegrity of the Danish Monarchy, nor
can they agree on a new arrangement
which would be insufficient for Ger-
many or humiliating for Denmark.

“It is therefore necessary to seek
elsewhere the elements of a solid and
durable peace.

“For many years an intense sym-
pathy towards their brothers, subjects
oí the King of Denmark, has ani-
mated the Germans of the Germanic
Confederation. The Danes, on their
side, are inspired by a love of inde-
pendence and the desire to maintain
their ancient Monarchy. These sen-
timents, on both sides, deserve the re-
spect of Europe.

“ To prevent future strife and to
satisfy Germany, it is necessary, in
our opinion, to separate entirely from
the Danish Monarchy, Holstein,
Lauenburg, and the southern part of
Schleswig. |

“ To justify a sacrifice so great on
the part of Denmark, and to maintain
the independence of the Danish Mon-
archy, it is desirable, according to us,
that the line of frontier should not be .
drawn further north than the mouth

894

bouchure de la Slei et la ligne du
Dannewerke.

“Il faut aussi pour la sécurité du
Danemark que la Confédération Ger-
manique n'érige et ne maintienne pas
des forteresses, ni n'établisse pas des
ports fortifiés, dans le territoire cédé
par le Danemark.

“Un arrangement équitable de la
dette publique, et la renonciation par
l'Autriche, la Prusse, et la Confédera-
tion Germanique, à tout droit d'in-
gérence dans les affaires intérieures
du Danemark, serviraient á compléter
les relations amicales .entre l1'Alle-
magne et le Danemark.

‘ Il reste une question qui ne serait
pas l'objet du Traité de Paix, mais qui
intéresse l’Allemagne et ne peut pas
être passée sous silence. Dans l’opi-
nion des Plénipotentiaires de la Grande
Bretagne, il doit être entendu que la
destinée future du Duché de Holstein,
du Duché de Lauenbourg, et de la
partie méridionale du Duché de
Schleswig qui sera annexée au Duché
de Holstein, ne sera pas réglée sans
leur consentement.

‘ Si le Roi de Danemark consent
aux sacrifices de territoire qu’au nom
de la paix on lui demande, il sera
juste que l'indépendance de son
Royaume soit garantie par les Grandes
Puissances Européennes.”

M. LE PLÉNIPOTENTIAIRE DE
FRANCE s'exprime en ces termes:

“ Les idées que M. le Principal Sec-
_rétaire d'Etat vient d'exposer, relative-
ment aux principes d’après lesquels

DOCUMENTS

of the Schley and the line of the
Dannewerke.

“ It is also necessary for the secur-
ity of Denmark, that the Germanic
Confederation should not create and
maintain fortresses, nor establish for-
tified ports, in the territories ceded by
Denmark.

“An equitable arrangement of the
public debt and the renunciation by
Austria, Prussia, and the Germanic
Confederation of all right of inter-
ference in the domestic affairs of
Denmark, would serve to complete the
friendly relations between Germany
and Denmark.

“ There remains a question which
would not be the subject of a treaty
of peace, but which interests Germany
and can not be passed by in silence.
In the opinion of the Plenipotentiaries
of Great Britain, it should be under-:
stood that the future destiny of the:
Duchy of Holstein, of the Duchy of
Lauenburg, and of the southern part.
of the Duchy of Schleswig which will
be annexed to the Duchy of Holstein,
shall not be fixed without their con-
sent.

“If the King of Denmark consents
to the sacrifices of territory in the
name of the peace asked of him, it.
will be equitable that the independence:
of his Kingdom should be guaranteed
by the Great European Powers.”

The PLENIPOTENTIARY OF FRANCE
expresses himself in these terms:

“ The ideas which the Chief Secre-
tary of State has just unfolded, relat-
ing to the principles according to

THE SCHLESWIG QUESTION, 1848

devrait étre réglée l'affaire Dano-Alle-
mande, s'accordent pleinement avec
les vues que j'étais chargé moi-méme
de soutenir dans la Conference.
Après avoir étudié les causes du con-
flit actuel, mon Gouvernement est de-
meuré convaincu qu'elles résidaient
dans la mauvaise distribution des dif-
férents groupes de population dont la
Monarchie Danoise est composée,
ainsi que dans leurs rivalités inces-
santes, et qu'il était, des lors, néces-
saire de rechercher les bases d'une en-
tente dans des dispositions nouvelles,
plus en harmonie avec le sentiment
national des deux peuples. L'ar-
rangement dont M. le Principal Sec-
rétaire d'Etat nous indique les bases,
consistant à départager, autant que
possible, les deux nationalités dans le
Schleswig, en incorporant les Danois
au Danemark, et en reliant plus étroi-
tement les Allemands au Holstein et
au Lauenbourg, ne pouvait donc man-
quer de rencontrer l’adhésion du
Gouvernement de l'Empereur. L’ap-
plication de ce principe ne semble pas,
au surplus, devoir donner lieu à au-
cune difficulté pour les deux parties
extremes du Schleswig, oú la na-
tionalité se trouve nettement déter-
minée. Quant aux districts mixtes
du centre, de quelque maniére que l’on
décide de leur sort, il y aura toujours
la des Danois soumis á un pays Alle-
mand ou des Allemands soumis au
Danemark. Devant l'impossibilité ab-
solue de prendre, sur ce point, la na-
tionalité pour règle, nous pensons qu’il
serait juste de trancher le différend en
faveur de la plus faible des parties,

895

which the Danish-German affair
should be settled, agree fully with the
views which 1 have myself been in-
structed to support in the Conference.
After having studied the causes of the
present conflict, my Government has
remained convinced that they arise
from the bad distribution of the dif-
ferent groups of population of which
the Danish Monarchy is composed, as
well as from their incessant rivalries,
and that it would therefore be neces-
sary to seek for the basis of an agree-
ment in new dispositions, more in
harmony with the national sentiment
of the two peoples. The arrange-
ment of which the Chief Secretary of
State indicates to us the basis, con-
sisting of the separation, as far as pos-
sible, of the two nationalities in
Schleswig, by incorporating the Danes
in Denmark and by attaching the Ger-
mans more closely to Holstein and to
Lauenburg, could not fail to gain the
support of the Government of the
Emperor. It does not appear that the
application of the principle would give
rise to any difficulty as to the two
extreme parts of Schleswig, where na-
tionality is clearly determined. As
for the mixed districts in the centre,
in whatever manner their fate is de-
cided, there will always be there some
Danes subject to a German country
or some Germans subject to Denmark.
Faced by the absolute impossibility of
taking nationality for the deciding
factor on this point, we believe that it
would be equitable to decide the dif-
ferences in favor of the weaker of the
two parties especially when she al-

896

surtout quand elle subit déjá les sac-
rifices que cette régle lui impose sur
tous les points oú elle est manifeste-
ment contre elle. Mon Gouverne-
ment considère également comme es-
sentiel que la frontiére soit tracée
conformément aux nécessités de la dé-
fense du Danemark, car ces nécessités
doivent étre prises en considération
par la Conférence, dont la mission est,
en donnant satisfaction aux légitimes
reclamations de l’Allemagne, de veiller
à ce que les arrangements nouveaux
garantissent suffisamment l’indepen-
dance du Danemark et les intérêts de
l'équilibre Européen dans le Nord.
“Quant á la désignation du sou-
verain sous l’autorité duquel le nouvel
Etat devrait étre placé, le Gouverne-
ment de l'Empereur n’a aucun parti
‘pris. Il donnerait volontiers son ap-
pui à toute combinaison qui serait
conforme au vœu des populations
loyalement consultées.”
| M. LE PLÉNIPOTENTIAIRE DE SUÈDE
ET NORVÈGE annonce que ses instruc-
tions lui défendent d’entrer en discus-
sion sur la proposition émise par
MM. les Plénipotentiaires Allemands,
comme tendant à séparer les Duchés
de Schleswig et de Holstein du Dane-
mark. . ..
Il est toutefois autorisé à adhérer
à la proposition émise par M. le Comte
Russell, à condition que la frontière
du Danemark ne soit pas placée plus
au nord que la Slei et le Dannewerke,
que la partie du Schleswig située au
nord de cette ligne soit complètement
incorporée au Danemark, que l'Alle-

DOCUMENTS

ready submits to the sacrifices which
this rule imposes at all points where it
is manifested against her. My Gov-
ernment considers it equally essential
that the frontier should be drawn in
accordance with the necessities of the
defense of Denmark, for these neces-
sities should be taken into considera-
tion by the Conference whose mission
it is, while giving satisfaction to the
legitimate claims of Germany, to take
care that the new arrangements shall
sufficiently guarantee the independ-
ence of Denmark, and the interests of
European equilibrium in the north.

“ As for the designation of the sov-
ereign under whose authority the new
state should be placed, the Govern-
ment of the Emperor has no precon-
ceived opinion. It will give its sup-
port voluntarily to any combination
which shall be in accord with the
wishes of the populations, fairly con-
sulted.”

The PLENIPOTENTIARY OF SWEDEN
AND NORWAY announces that his in-
structions forbid him to enter into
discussion on the proposition made by
the German Plenipotentiaries, as tend-
ing to separate the Duchies of
Schleswig and Holstein from Dem-
mark. ...

He is however authorized to adhere
to the proposition made by Earl Rus-
sell on condition that the frontier of
Denmark shall not be placed further
north than the Schley and the Danne-
werke, that the part of Schleswig to
the north of this line shall be com-
pletely incorporated in Denmark, that

THE SCHLESWIG QUESTION, 1848

magne n'ait à l'avenir aucun droit
d'immixtion dans les affaires inté-
rieures de cette monarchie, et que la
nouvelle frontière à établir soit placée
sous une garantie Européenne.

Quant aux provinces qui dans
l'éventualité susdite seraient rédées
par le Roi de Danemark, son Gou-
vernement entend que leur sort futur
ne soit point réglé sans leur consente-
ment, et que la liberté du choix des
populations soit entourée de garanties
suffisantes.

M. LE COMTE DE BERNSTORFF pre-
nant alors la parole, déclare que les
Plénipotentiaires Allemands n'ont
comme de raison pas d'instructions
pour se prononcer d'une manière dé-
finitive sur les détails de la proposi-
tion qu'ils viennent d'entendre de la
part de MM. les Plénipotentiaires de
Sa Majesté Britannique. Mais con-
naissant l'esprit de conciliation qui
anime leurs Gouvernements respectifs,
et qui répond à celui qui a guidé le
Gouvernement Anglais dans son désir
de trouver une base qui puisse servir
de compromis entre les points de vue
opposés des Puissances belligérantes,
ils croient pouvoir déclarer dès-à-pré-
sent que ni l'Autriche et la Prusse, ni
la Confédération Germanique, ne se
refuseront à prendre en sérieuse con-
sidération un projet de transaction
qui puisse servir à faire atteindre le
but que leurs Plénipotentiaires ont dé-

signé dès le commencement comme

celui qu’ils ont en vue, c'est-à-dire,
d'assurer une pacification solide et
durable. Sous ce rapport, la ligne de

897

Germany shall in future have no:
rights of interference in the domestic
affairs of that monarchy, and that the
new frontier to be established shall be
placed under a European guarantee.

As to the provinces which in the
eventuality aforesaid would be ceded
by the King of Denmark, his Govern-
ment understands that their ‘future
destiny shall not be decided in any
way without their consent, and that
the freedom of choice of the popula-
tions shall be surrounded by sufficient
guarantees. o

COUNT VON BERNSTORFF, thereupon,
speaking in his turn, declares that the
German Plenipotentiaries have nat-
urally no instructions to pronounce in
a definitive way on the details of the
propositions which they have just lis-
tened to from the Plenipotentiaries of
Her Britannic Majesty. But know-
ing the spirit of conciliation which
animates their respective Govern-
ments, and which corresponds to that
which has guided the English Govern-
ment in its desire to find a basis which
might serve as compromise between
the opposite points of view of the bel-
ligerent Powers, they believe that they
may declare from this time forward
that neither Austria nor Prussia nor
the Germanic Confederation will re-
fuse to take under serious considera-
tion a proposed compromise which
might serve to bring about the end
which their Plenipotentiaries have in-
dicated since the beginning to be that
which they have in view, that is to
say, the assurance of a solid and dura-
ble pacification. In this connection

898

démarcation proposée ne saurait ce-
pendant remplir le but, puisque le
principal sujet de plainte et d’agitation
pour la plus grande partie des popu-
lations du Schleswig continuerait non-
seulement de subsister, mais serait
méme infiniment aggravé par leur
séparation d'avec le reste des Duchés,
et leur incorporation dans le Royaume
de Danemark.

Les Plénipotentiaires Allemands
doivent donc réserver à leurs Gouver-
nements de faire des contre-proposi-
tions à cet égard. |

Pour ce qui concerne le Duché de
Lauenbourg, . . . les Puissances Alle-
mandes seraient probablement dis-
posées à le considérer comme un objet
de compensation pour une partie du
territoire septentrional du Duché de
Schleswig. . . .

Protocole No. 7.— Séance du 2 Juin,

1864.

Sur l’invitation de M. le Comte
Russell, M. DE QuAADE donne lecture
de la déclaration suivante :

“ S'il en devait être ainsi, si réelle-
ment les Puissances de l’Europe veu-
lent abandonner le Traité de Londres,
Sa Majesté, pour éviter la reprise des
hostilités, ne s’opposera pas à une ces-
sion territoriale, pourvu toutefois
qu’elle obtienne par lá non-seulement
la paix, mais aussi une existence indé-
- pendante et parfaitement autonome
pour ce qui lui restera de ses Etats,

1 Brit. St. Pap., vol. 54, p. 210.

DOCUMENTS

the line of demarcation proposed
could not fulfill the end in view, since
the principal subject of complaint and
agitation for the great part of the
populations of Schleswig would not
only continue to exist, but would even
be infinitely aggravated, by their sepa-
ration from the rest of the duchies,
and their incorporation in the King-
dom of Denmark.

The German Plenipotentiaries
must, therefore, reserve to their Gov-
ernments the right of making counter-
propositions as to this point.

As for the Duchy of Lauenbourg,

. . the German Powers would prob-
ably be disposed to consider it as com-
pensation for a part of the northern
territory of the duchy of Schles-
wig. . ..

Protocol No. 7.— Session of June 2,
1864.

On the invitation of Earl Russell,

M. DE QUAADE reads the following
declaration :

“ If it must be so, if the Powers of
Europe really wish to abandon the

- Treaty of London, His Majesty, to

avoid the reopening of hostilities, will
not oppose a territorial cession, pro-
vided however, that he obtains by it
not only peace but also an independent
and absolutely autonomous existence
for what remains to him of his States
and on the condition that the future

THE SCHLESWIG QUESTION, 1848

et à la condition que la destinée future
des territoires cédés ne soit pas réglée
sans leur consentement.

‘ Le Gouvernement Danois accepte
donc en principe la proposition faite
à la dernière séance par M. le Comte
Russell pour le rétablissement de la
paix entre le Danemark et les Deux
Grandes Puissances Allemandes. . . .”

Sur une observation de M. le Comte
Russell, M. LE COMTE DE BERNSTORFF
rappelle que MM. les Plénipotentiaires
Allemands se sont déjà prononcés à la
séance précédente sur la frontière pro-
posée, et il cite une partie de la décla-
ration qu'il avait alors faite au nom de
ces Plénipotentiaires sur ce point. Il
croit pouvoir annoncer cependant que
leurs instructions les autorisent à pro-
poser une ligne de démarcation qui
serait à tracer entre Apenrade et Ton-
dern.

M. DE QUAADE ne saurait accepter
la discussion d’une ligne pareille, et
fait valoir l'impossibilité dans laquelle
il se trouve de la prendre en con-
sidération.

M. LE COMTE APPONYI explique
que le point de départ des Puissances
Allemandes avait été la séparation du
Duché de Schleswig tout entier, et que
la proposition de la ligne d’Apenrade
est par conséquent déjá une conces-
sion.

M. LE COMTE RUSSELL rappelle que
MM. les Plénipotentiaires Allemands
n'avaient pas compris la cession de
Lauenbourg dans leur premiére propo-
sition, mais seulement la séparation
complete des Duchés de Schleswig et
de Holstein d'avec le Danemark.

899

destiny of the ceded territories shall
not be settled without their consent.

“ The Danish Government thus ac-
cepts in principle the proposition
made at the last session by Earl Rus-
sell for the reestablishment of peace
between Denmark and the two great
Germanic Powers. . . .”

On an observation by Earl Russell,
COUNT VON BERNSTORFF recalls that
the Germanic Plenipotentiaries have
already, at the preceding session, pro-
nounced on the frontier proposition,
and he cites a part of the declaration
which he had then made, in the name
of these Plenipotentiaries, on this
point. He believes himself able to
announce, meanwhile, that their in-
structions authorized them to propose
a line of demarcation to be drawn be-
tween Apenrade and Tondern.

M. DE QUAADE could not accept the
discussion of such a line, and laid
stress on the impossibility of his tak-
ing it under consideration.

Count APPONYI explained that the
point of departure of the Germanic
Powers had been the separation of the
Duchy of Schleswig in its entirety,
and that consequently the proposition
of the Apenrade line is already a con-
cession.

EARL RUSSELL recalls that the Ger-
manic Plenipotentiaries have not in-
cluded the cession of Lauenburg in

their first proposition, but only the

complete separation of Schleswig and
of Holstein from Denmark.

900

M. LE CoMTE APPONYI rappelle
qu'en effet la cession du Lauenbourg
n'était pas mentionnée dans la pre-
mière proposition des Plenipoten-
tiaires Allemands, et que ce n'est qu'à
la suite de la proposition Anglaise
qu’ils ont consenti à accepter le Duché
de Lauenbourg comme une compensa-
tion pour une partie du Schleswig
Septentrional.

M. LE PRINCE DE LA Tour D'Au-
VERGNE exprime l'opinion que la ces-
sion de Lauenbourg devrait étre re-
gardée comme un objet d'échange
pour la partie mixte du Schleswig.

M. DE KRIEGER soutient que le prin-
cipe de nationalité est un élément trés-
essentiel de la question, mais non pas
le seul à être pris en considération.

M. LE COMTE DE BERNSTORFF ré-
pond qu'il en a été précisément tenu
compte dans la proposition Alle-
mande ; et M. DE BIEGELEBEN fait ob-
server que d’après la déclaration de
MM. les Plénipotentiaires Danois eux-
mêmes, ce sont les intérêts militaires
et commerciaux du Danemark qui
devraient déterminer le tracé de la
frontière, sans que dans cette déclara-
tion il ait été fait mention du principe
de nationalité.

A l'invitation de M. le Comte Rus-
sell, M. DE QUAADE propose alors
pour frontiére une ligne qui serait
tracée au sud de la ville d’ Eckernforde
et au sud de la ville de Schleswig, sui-
vant la ligne du Dannewerke jusqu’à
| Friedrichstadt.

Une carte indiquant les principaux

DOCUMENTS

Count APPONYI recalls that, in
fact, the cession of Lauenbourg was
not mentioned in the first proposition
of the Germanic Plenipotentiaries,
and that it is only after the English
proposition that they have consented
to accept the Duchy of Lauenbourg
as compensation for a part of north-
ern Schleswig.

PRINCE DE LA TOUR D'AUVERGNE
expresses the opinion that the ces-
sion of Lauenbourg ought to be re-
garded as an exchange for the mixed
part of Schleswig.

M. von KRIEGER maintains that the
principle of nationality is a very es-
sential element of the question, but
not the only one to be taken into con-
sideration.

COUNT von BERNSTORFF answers
that it has been accurately taken into
account in the German proposition;
and M. DE BIEGELEBEN observes that,
according to the declaration of the
Danish Plenipotentiaries themselves,
it is the military and commercial in-
terests of Denmark which should de-
termine the drawing of the frontier,
no mention being made in this decla-
ration of the principle of nationality.

On the invitation of Earl Russell,
M. DE QUAADE then proposes as a
frontier a line to be traced to the south
of the town of Eckernforde and to the
south of the city of Schleswig, follow-
ing the line of Dannewerke as far as
Friedrichstadt.

A map indicating the principal

THE SCHLESWIG QUESTION, 1848 901

points par lesquels cette ligne devrait
passer est annexée au présent Proto-
cole. .

L'examen en ayant été fait par
MM. les Plénipotentiaires, M. LE
CoMTE RUSSELL croit qu'il devient
utile de constater les points sur les-
quels la Conférence pourrait peut-
être tomber d'accord :

1. Le Roi de Danemark ne s'op-
posera pas à une cession territoriale,
pourvu qu’elle assure au Danemark
non-seulement la paix, mais aussi une
existence indépendante et parfaite-
ment autonome.

2. Et à condition que la destinée
future des territoires cedés ne soit pas
réglée sans leur consentement.

3. Il faut au Danemark une fron-
tière qui tienne compte à la fois de ses
intérêts militaires et de ses intérêts
commerciaux.

_ 4. Cette frontière devrait être en-
tourée de garanties suffisantes.

Dans cette état de choses, il semble
à M. LE COMTE RUSSELL qu'il convien-
drait peu à l'honneur des Puissances
Européenes de ne pas réussir à trouver
la solution des difficultés qui restent à
régler, sans le recommencement de la
guerre, qui serait la plus deplorable de
toutes les solutions. Les Plénipoten-
tiaires des Puissances neutres regar-
dent les conditions dont il est question
comme parfaitement juste et raison-
nables. Il serait donc bien à regretter
dans l'intérêt de l’Europe que la guerre
vint à recommencer et dans ce cas 1l
serait vraiment difficile de prévoir où
est quand elle s’arreterait.

points traced by the Plenipotentiaries
through which this line should pass is
annexed to the Present Protocol. ...

This having been examined by the
Plenipotentiaries, Earl Russell be-
lieves that it would be useful to estab-
lish the points on which the Confer-
ence might perhaps come to an agree-
ment:

1. The King of Denmark will not
oppose a territorial cession provided
that it assures to Denmark not only
peace, but also an independent and
absolutely autonomous existence.

2. And on condition that the future
destiny of the territories ceded shall
not be settled without their consent.

3. It is essential that Denmark
should have a frontier which should
take into account both its military and
commercial interests.

4. This frontier should be sur-
rounded by sufficient guarantees.

In. this state of affairs it appears
to EARL RUSSELL that it would little
consort with the honor of the Euro-
pean Powers to fail to succeed in find-
ing the solution of the difficulties
which remain to be settled, without
the resumption of the war, which
would be the most deplorable of all
solutions. The Plenipotentiaries of
the neutral Powers regard the condi-
tions in question as perfectly just and
reasonable. It would, then, be very
regrettable, in the. interests of Eu- *
rope, that the war should begin again
and in this case it would be most dif-
ficult to foresee where and when it
would cease.

902 DOCUMENTS

M. LE COMTE APPONYI croit devoir
faire ses réserves quant au point deux,
en tant qu'il implique un appel direct
au suffrage des populations. Il ne
saurait accepter cette modalité, ni en
principe, ni comme un moyen de so-
lution pratique, á cause de la difficulté
d'obtenir dans les districts mixtes une
frontière acceptable et respondant en
méme temps, dans chaque localité, aux
vœux de deux nationalités aussi mé-
langées.

A cette occasion M. DE BIEGELEBEN
rappelle que M. le Plénipotentiaire de
France a reconnu dans la dernière
séance l’impossibilité absolue de pren-
dre sur ce point la nationalité pour
régle. |

M. LE BARON DE BEUST est d'avis
qu'une consultation des populations
serait susceptible d'amener un résultat
pratique. Il n'entend pas qu’on de-
mande à chaque bourg et à chaque
village s'il veut être Allemand ou
Danois, et qu’on en dispose en consé-
quence, mais que dans tel ou tel dis-
trict, qui serait destiné à étre détaché
du Schleswig on constate si la ma-
jorité de la population est vraiment
Danoise.

M. LE PRINCE DE LA Tour D'Au-
VERGNE fait remarquer que la Con-
férence ayant posé le principe de la
séparation du Schleswig, et ce prin-
cipe ayant été admis aussi bien par
“MM. les Plénipotentiaires Allemands
que par MM. les Plénipotentiaires
Danois, le mode de procéder indiqué
par M. le Baron de Beust pourrait
amener fin résultat tout different de

COUNT APPONYI believes that he
should make reservations as to point
2 in so far as it implies a direct appeal
to the votes of the populations. He
is unable to accept this method either
in principle or as a means of practical
solution, because of the difficulty of
obtaining in the mixed districts an ac-
ceptable frontier, responding at the
same time in each locality to the
wishes of the two nationalities which
are so mingled.

On this occasion M. DE BIEGELEBEN
recalls that the Plenipotentiary of
France has recognized at the last
meeting the absolute impossibility of
taking nationality for the rule on this
point.

BARON VON BEUST is of the opinion
that a consultation of the populations
would be susceptible of leading to a
practical result. He does not under-
stand that each borough and village
will be asked whether it wishes to be
German or Danish, and will then be
disposed of accordingly, but that in
such or such district, which would be
destined to be detached from Schles-
wig, it would be determined whether
the majority of the population is
really Danish.

PRINCE DE LA TOUR D’AUVERGNE
remarks that the Conference, having
stated the principle of the separa-
tion of Schleswig, and this principle
having been admitted as well by the
German Plenipotentiaries as by the
Danish Plenipotentiaries, the method
of procedure indicated by: Baron von
Beust might lead to a result very dif-
ferent from that which the Confer-

THE SCHLESWIG QUESTION, 1848

celui que la Conférence a en vue.
Dans la pensée du Gouvernement de
l'Empereur, c'est principalement dans
les territoires qui seraient détachés de
la Monarchie Danoise, et oú il s'agit
d'établir un état de choses nouveau,
qu'il est indispensable de consulter les
populations.

M. LE BARON DE BEUST persiste à
soutenir que le méme principe est ap-
plicable aux districts qui doivent étre
séparés du Schleswig.

M. LE Comte RUSSELL demande si
MM. les Plénipotentiaires des Puis-
sances belligérantes ne pourraient pas
conférer ensemble avec quelque chance
de se mettre d'accord sur la nouvelle
frontière, sans perdre de vue les vœux
des populations.

M. LE COMTE DE BERNSTORFF se
déclare prêt à conférer avec MM. les
Plénipotentiaires Danois dans ce but,
et à adopter tous les moyens qui puis-
sent conduire à une entente, nommé-
ment celui de consulter les vœux des
populations.

LES PLÉNIPOTENTIAIRES DANOIS se
declarent également préts à conférer
avec les Plénipotentiaires Allemands
dans le cas où il y aurait probabilité
de pouvoir s'entendre sur la frontiére
à tracer.

Pendant une discussion á laquelle
prennent part tous les Plénipoten-
tiaires, sur les difficultés qui se rat-
tachent à cette question et sur les
moyens d'y obvier, M. le Comte de
Bernstorff dit qu'il n'est pas autorisé

à proposer d'autre ligne que celle

903

ence had in view. To the mind of
the Government of the Emperor, it is
principally in the territories which
would be detached from the Danish
Monarchy, and where it is a question
of establishing a new state of affairs,
that it is indispensable to consult the
populations.

Baron von Beust persists in main-
taining that the same principle is ap-
plicable to the districts which should
be separated from Schleswig.

EARL RUSSELL asks whether the
Plenipotentiaries of the belligerent
Powers could not confer together,
with some chance of agreeing on the
new frontier without losing sight of
the wishes of the populations.

COUNT von BERNSTORFF declares
himself ready to confer with the Da-
nish Plenipotentiaries for this pur-
pose, and to adopt any means which
could lead to an agreement, and in
particular that of consulting the
wishes of the populations.

The DANISH PLENIPOTENTIARIES
declare themselves equally ready to
confer with the German Plenipoten-
tiaries in case there should be a prob-
ability of being able to come to an
understanding as to the frontier to be
drawn.

During a discussion in which all the
Plenipotentiaries take part, on the dif-
ficulties which attach to this question
and on the means of obviating them,
Count von Bernstorff says that he is
not authorized to propose any other
line than that of Apenrade which he

904

d'Apenrade dont il a déja fait men-
tion, mais que lui et son collégue, dé-
sirant faire leur possible pour arriver
à une solution, seraient disposés a
recommander à leur Gouvernement
l'adoption d'une ligne qui partirait de
la Baie de Flensbourg au nord de la
ville de ce nom, et aboutirait a Hover
en passant au nord de Tondern, et qui
comprendrait les Iles Frisonnes dans
la partie du Duché à réunir à P'Alle-
magne.

MM. LES PLÉNIPOTENTIAIRES DA-
NOIS trouvent cette ligne également
inadmissible.

M. LE COMTE DE BERNSTORFF rap-
pelle qu’il est surtout important de
savoir si MM. les Plénipotentiaires
Danois peuvent consentir a une pro-
longation de la suspension d'hos-
tilités.

M. DE QUAADE répond qu'il a déjà
exprimé l'opinion que son Gouverne-
ment ne consentirait pas, à moins qu'il
n'y eút probabilité d'une solution pa-
cifique. Mais jusqu'à présent cette
probabilité n'est pas à entrevoir.

M. LE BARON DE Brunnow de-
mande en quoi consisterait la persua-
sion de MM. les Plénipotentiaires
Danois qu'ils arriveraient à la paix.

M. DE QUAADE répond en rappelant
que le Danemark a accepté en principe
la proposition de M. le Comte Rus-
sell, reposant sur la base du partage
du Duché de Schleswig moyennant
une ligne qui ne füt pas tracée plus au
nord que l'embouchure de la Slei et
la ligne du Dannewerke; tandis que
MM. les Plénipotentiaires Allemands

DOCUMENTS

has already mentioned, but that he and
his colleagues desiring to do all in
their power to arrive at a solution,
would be disposed to recommend to
their Government the adoption of a
line which should start from the Bay
of Flensbourg to the north of the
town of that name, and should end at
Hoyer, passing to the north of Ton-
dern, and which should include the
Frisian Islands in that part of the
duchy to be united to Germany.

The DANISH PLENIPOTENTIARIES
find this line equally inadmissable.

COUNT VON BERNSTORFF recalis
that it is of the first importance to
know whether the Danish Plenipoten-
tiaries can consent to a prolongation
of the suspension of hostilities.

M. DE QUAADE answers that he has
already expressed the opinion that his
Government will not consent, at least
unless there is some probability of a
pacific solution. But up to the pres-
ent this possibility is not evident.

BARON DE BRUNNOW asks in what
would consist the persuasion of the
Danish Plenipotentiaries that they
would arrive at a peace.

M. DE QUAADE answers by recalling
that Denmark has accepted in princi-
ple the proposition of Earl Russell,
based on the division of the Duchy of
Schleswig by means of a line which
should not be traced further to the
north than the mouth of the Schley
and the line of the Dannewerke:
while the German Plenipotentiaries

THE SCHLESWIG QUESTION, 1848

disent que leurs gouvernements con-
sentirait peut-étre à une ligne pren-
nant son point de départ au nord de
Flensbourg. Dans cet état de choses
on est si loin de s'entendre que le
Gouvernement Danois ne saurait con-
sentir à la prolongation demandée.

M. LE BARON DE BRUNNOW, d’or-
dre de sa Cour, fait part à la Con-
férence de la communication suivante :

‘“ L'Ambassadeur de Russie a an-
noncé que l'Empereur, désirant fa-
ciliter, autant qu'il dépend de lui, les
arrangements à conclure entre le
Danemark et l'Allemagne, en vue du
rétablissement de la paix, a cédé à
Monsigneur le Grand-Duc d'Olden-
bourg les droits éventuels que le $ 3
du Protocole de Varsovie du 23 Mai/
5 Juin 1851, a réservés á Sa Majesté
comme chef de la branche ainée de
Holstein-Gottorp.”

M. LE PRINCE DE LA Tour D'Au-
VERGNE dit qu'il doit profiter de Poc-
casion qui lui est offerte par M. PAm-
bassadeur de Russie, pour maintenir
formellement le point de vue de son
Gouvernement, d'apres lequel aucun
état de choses nouveau ne saurait étre
établi dans les territoires détachés de
la Monarchie Danoise, sans le con-
cours et le consentement des popula-
tions loyalement consultées. Il est
heureux d'ailleurs de pouvoir rendre
hommage à l'ésprit de conciliation qui
a dicté la déclaration de la Cour de
Russie.

905

say that their Government would
possibly consent to a line taking its
point of departure to the north of
Klensburg. In this state of affairs
one is so far from an understanding
that the Danish Government would
not be able to consent to the prolonga-
tion requested.

BARON DE BRUNNOW, at the order
of his Court, makes the following
communication to the Conference:

“The Ambassador of Russia has
announced that the Emperor, desiring
to facilitate, in so far as lies in his
power, the arrangements to be con-
cluded between Denmark and Ger-
many, in view of the reestablishment
of peace, has ceded to Monsigneur the
Grand Duke of Oldenburg the even-
tual rights which $ 3 of the Protocol
of Warsaw of May 23/June 5, 1851,
has reserved to His Majesty as Chief
of the elder branch of Holstein-Got-

a9

torp.

The PRINCE DE LA Tour D'Au-
VERGNE says that he must profit by
the occasion which is offered to him
by the Ambassador of Russia, to
maintain formally the point of view
of his Government, according to
which no new state of affairs should
be established in the territories de-
tached from the Danish Monarchy,
without the concurrence and consent
of the populations, faithfully consult-
ed. He is happy, moreover, to be
able to do homage to the spirit of
conciliation which has dictated the
declaration of the Court of Russia.

906 + DOCUMENTS

M. LE CoMTE WACHTMEISTER
s'exprime de la manière suivante:

“Je dois rendre hommage à la
haute preuve d'intérêt à la réussite des
travaux de cette Conférence donnée
de la part de Sa Majesté l'Empereur
de Russie par la déclaration dont M.
le Baron de Brunnow vient de donner
lecture. Cette renonciation de l'Em-
pereur aux droits qui pourraient re-
venir a Sa Majesté dans certaines
éventualités sur une partie du Holstein
ne peut que faciliter à un haut degré
l'arrangement final qui disposera du
sort du Holstein. En même temps je
dois rappeler ma déclaration anté-
rieure, que dans la pensée de mon
Gouvernement la destinée future des
pays qui pourront être cédés par le
Danemark ne pourrait être définitive-
ment arrêtée sans le consentement de
leurs habitants.”

Protocole No. 9.— Séance du 9 Juin,
1864.

M. LE BARON DE BEUST . . . S'ex-
prime alors dans les termes suivants :

“Je me suis abstenu d'intervenir
dans la discussion qui avait lieu dans
l’avant-derniere séance sur la ques-
tion des frontières, ne me trouvant pas
autorisé à me prononcer pour telle ou
telle ligne. Les instructions que j'ai
reçues depuis de la Diète, après lui
avoir rendu compte de la séance du 28
Mai, approuvent les déclarations faites
alors par moi de concert avec MM.
les Plénipotentiaires d'Autriche et de

COUNT WACHTMEISTER expresses
himselí in the following manner:

“ I must render homage to the high
proof of interest in the success of the
labors of the Conference given on the
part of His Majesty the Emperor
of Russia, by the declaration which
Baron de Brunnow has just read.
This renunciation, by the Emperor, of
rights over a part of Holstein which
might revert to His Majesty in cer-
tain eventualities, can only facilitate
to a high degree the final arrangement
which shall dispose of the fate of Hol-
stein. At the same time I must recall
my previous declaration that in the
mind of my Government the future
destiny of the countries which may be
ceded by Denmark should not be defi-
nitely settled without the consent of
their inhabitants.”

Protocol No. 9.— Session of June 9,
1864.

BARON VON BEUST . . . thereupon
expresses himself in the following
terms:

“I have abstained in the discus-
sion which took place at the session
before last on the question of the
frontiers, not being authorized to
commit myself as to this or that line.
The instructions which I have re-
ceived from the Diet, after having
given it an account of the session of
May 28, approve the declarations
made by me then, in concert with the
Plenipotentiaries of Austria and of

THE SCHLESWIG QUESTION, 1848

Prusse, et conséquemment c'est sur
elles que j'ai á me régler. Ces décla-
rations se trouvent consignées dans le
Protocole. M. le Comte de Bern-
storff, parlant au nom des Plénipo-
tentiaires Allemands, a fait entrevoir
qu'on serait disposé á céder une partie
du territoire septentrional du Schles-
wig et de considérer l'abandon du
Duché de Lauenbourg comme un
équivalent; il a dit en méme temps
que la ligne de démarcation proposée
par le Gouvernement de Sa Majesté
Britannique ne saurait remplir le but
d'une paix solide et durable, puisque
le principal sujet de plainte et d'agi-
tation pour la plus grande partie des
populations du Schleswig continuerait
non-seulement de subsister, mais serait
méme infiniment aggravé par leur
séparation d'avec le reste des Duchés
et leur incorporation dans le Royaume
de Danemark.

‘ Dans ma pensée les termes de cette
manifestation indiquent clairement
qu’on n'entend pas consentir a l'aban-
don de telle partie du territoire Schles-
wickois dont la population dans sa
majorité se refuserait à l'accepter.

“ Je suis heureux de constater que
la Confédération, en se plaçant à ce
point de vue, est dans le cas de ce pré-
valoir de la manière dont il a plu aux
Puissances neutres d'envisager la ques-
tion. MM. les Plénipotentiaires de
la Grande Bretagne entendent que la
destinée future du Duché de Holstein,
du Duché de Lauenbourg, et de la par-
tie méridionale du Schleswig, ne serait
pas réglée sans leur consentement.

907

Prussia, and consequently it is by
them that I must rule my actions.
These declarations will be found in
the Protocol. Count von Bernstorff,
speaking in the name of the Germanic
Plenipotentiaries, has pointed out that
there would be a disposition to cede
a part of the northern portion of
Schleswig and to consider the aban-
donment of the Duchy of Lauenbourg
as an equivalent; he has said at the
same time that the line of demarca-
tion proposed by the Government of
Her Britannic Majesty could not ful-
fill the object of a solid and durable
peace, since the principal subject of
complaint and oí agitation for the
greater part of the population of
Schleswig would not only continue to
exist but would be infinitely aggra-
vated by their separation from the
rest of the duchies and their incor-
poration in the Kingdom of Denmark.

“To my mind the terms of this
statement indicate clearly that it is
not intended to consent to the aban-
donment of any part of the territory
of Schleswig where the majority of
the population should refuse to ac-
cept it.

‘I am happy to state that the Con-
federation, in adopting this point of
view, is in a position to take pride in
the manner in which the neutral Pow-
ers have regarded the question. The
Plenipotentiaries of Great Britain un-
derstand that the future destiny of
the Duchy of Holstein, of the Duchy
of Lauenbourg and of the southern .
part of Schleswig, would not be
settled without their consent. The

908 DOCUMENTS

M. le Plénipotentiaire de France a dé-
claré maintenir le point de vue de son
Gouvernement, d'aprés lequel aucun
état de choses nouveau ne saurait étre
établi dans les territoires détachés de
la Monarchie Danoise sans le concours
et le consentement des populations
loyalement consultées. M. le Pléni-
potentiaire de Suéde enfin a déclaré
que son Gouvernement entend que le
sort futur des provinces qui seraient
cédées par le Roi de Danemark ne soit
point réglé sans leur consentement.

“ I] me parait impossible d'admettre
que les Puissances neutres entendent
établir un principe avec l'intention d'en
exclure une application logique et im-
partiale. Il m'est impossible de leur
supposer la pensée qu'il faut consulter
des populations qui doivent appartenir
à l’ Allemagne pour savoir si cet avenir
leur convient, mais que cette précau-
tion est inutile avec celles qui doivent
y rester étrangères. Il m'est impos-
sible enfin de ne pas rappeler que je
considère le Schleswig comme ayant
cessé de faire partie de la Monarchie
Danoise, et que dans cet ordre d'idées
ce n'est pas d'elle mais à son profit
qu'il s’agit de détacher une partie du
Schleswig, du consentement de son
Souverain, qui ne se refusera pas à
tenir compte du vœu des popula-
tions.”

M. LE BARON DE BRUNNOW tient à
établir que quoique M. le Baron de
Beust considére le Slesvig comme
ayant cessé de faire partie de la Mon-

Plenipotentiary of France has upheld
the point of view of his Government,
according to which no new state of
things could be established in the ter-
ritories detached from the Danish
Monarchy without the concurrence
and consent of the populations, faith-
fully consulted. Finally, the Pleni-
potentiary of Sweden has declared
that his Government understands that
the future destiny of the provinces
which should be ceded by the King of
Denmark shall not be settled without
their consent.

“ It would seem to me impossible to
admit that the neutral Powers intend
to establish a principle with the inten-
tion of excluding a logical and impar-
tial application. It is impossible for
me to impute to them the thought that
it is necessary to consult the popula-
tions which would belong to Ger-
many, in order to know whether this
destiny is pleasing to them, but that
this precaution is useless in the case
of those who are to remain foreign to
it. Finally, it is impossible for me
not to recall that I consider Schles-
wig as having ceased to form a part
of the Danish Monarchy, and that ac-
cording to this order of ideas, it is
not against her but to her advantage
that it is proposed to detach a part of
Schleswig, with the consent of its
Sovereign, who will not refuse to take
account of the wish of the popula-
tions.”

BARON DE BRUNNOW insists on
stating that although Baron von Beust
considers Schleswig as having ceased
to form a part of the Danish Mon-

THE SCHLESWIG QUESTION, 1848

archie Danoise, les Puissances neutres
regardent la question d'un point de
vue diamétralement opposé. Quant à
la proposition de MM. les Plénipoten-
tiaries de la Grande-Bretagne, énoncée
dans la séance du 28 Mai, ils voulaient
parler seulement de la partie méri-
dionale du Slesvig, et non du Duché
_en entier.

M. LE BARON DE BEUST reclame le
droit d'émettre ses opinions, sans
avoir la prétention de les imposer aux
autres Plénipotentiaires. De son côté
il n'a pas pu partager l'opinion de M.
le Plénipotentiaire de Russie, qui re-
garde le Schleswig comme partie in-
tégrante de la Monarchie Danoise.
Quant de deuxième point, il veut seule-
ment remarquer qu'il lui est impos-
sible d'admettre une application in-
égale du principe établi; et que si les
populations dans la partie méridionale
du Schleswig doivent être consultées
au sujet de leur destinée future, il
devrait en être de même avec les popu-
lations dans la partie septentrionale
de ce Duché.

M. DE QUAADE tient encore à faire
une observation sur un point relatif
au consentement des populations. En
se référant à sa déclaration du 2 Juin,
il rappelle que le Roi Chrétien IX n'a
consenti à une cession territoriale
éventuelle qu’à la condition expresse
de rester Souverain indépendant des
territoires qui ne seront pas cédés.

M. LE BARON DE BEUST maintient
son point de vue.
Revenant sur la question de la fron-

909

archy, the neutral Powers regard the
question from a point of view dia-
metrically opposite. As for the prop-
osition of the Plenipotentiaries of
Great Britain, announced at the ses- _
sion of May 28, they were speaking
solely of the southern part of Schles-
wig, and not of the entire Duchy.

BARON VON BEUST claims the right
to state his opinions, without pre-
tending to impose them on the other
Plenipotentiaries. For his part he
has not been able to agree with the
Plenipotentiary of Russia, who re-
gards Schleswig as an integral part of
the Danish Monarchy. As for the
second point, he wishes solely to re-
mark that 1t is impossible to admit an
unequal application of an established
principle, and that if the population
in the southern part of Schleswig
should be consulted on the subject of
their future destiny, it should be the
same with the population in the north-
ern part of this Duchy.

M. DE QUAADE again wishes to
make an observation on a point relat-
ing to the consent of the populations.
In referring to his declaration of June
2, he recalls that King Christian IX
has consented to an eventual territo-
rial cession, only on the express con-
dition that he shall remain an inde-
pendent Sovereign over the territories
not ceded.

BARON von BEUST maintains his
point of view.

Returning to the question of the

910

tiére, et se référant aux différentes
lignes qui avaient été proposées, M.
LE COMTE RUSSELL dit qu'il doit y
avoir possibilité de faire un arrange-
ment, en sauvegardant les intérets de
l'Europe et l’independance politique
du Danemark.

M. DE BALAN demande pourquoi la
ligne d'Apenrade ne serait pas recon-
nue suffisante pour ce but ?

M. LE COMTE DE CLARENDON tient
à savoir quelles peuvent être les rai-
sons qui ont décidé à mettre en avant
cette ligne. La ligne proposée par
MM. les Plénipotentiaires Anglais a
été choisie comme une bonne ligne
commerciale et militaire. Il tient
aussi à constater que cette ligne n’a
été proposée que de concours avec
MM. les Plénipotentiaires des Puis-
sances neutres, qui l’ont appuyée dans
la Conférence.

M. LE COMTE DE BERNSTORFF ne
voit pas la ligne Anglaise réunisse ces
avantages. Cette ligne n’a, selon lui,
aucune base, car elle n’est ni une bonne
ligne militaire, puisque les événements
de la guerre ont suffisament prouvé
qu'elle ne peut être maintenue contre
une grande armée, ni une ligne na-
tionale, puisqu'elle ne sépare nulle-
ment les nationalités et laisserait même
la plus grande partie des districts
purement Allemands sous la domina-
tion Danoise.

Répondant à la question de M. le
Comte de Clarendon, M. LE COMTE
DE BERNSTORFF dit que le premier
objet de la ligne proposée par les
Puissances Allemandes avait été
d'échanger le Duché de Lauenbourg

DOCUMENTS

frontier, and referring to the different

. lines which had been proposed, EARL

RUSSELL says that it should be possi-
ble to come to an arrangement safe-
guarding both the interests of Europe
and the political independence of
Denmark.

M. DE BALAN asks why the line of
Apenrade should not be recognized
as sufficient for this purpose?

The EARL OF CLARENDON wishes
to know what might be the reasons
for the decision to propose this line.
The line proposed by the English
Plenipotentiaries has been chosen as a
good commercial and military line.
It must also be stated that this line has
been proposed only with the assent of
the Plenipotentiaries of the neutral
Powers, who have supported it in the
Conference.

COUNT von BERNSTORFF does not
see that the English line combines
these advantages. This line has not,
according to him, any basis, for it is
neither a good military line, since the
events of the war have sufficiently
proved that it can not be maintained
against a great army, nor a national
line, since it does not at all separate
the nationalities and would even leave
the greater part of the purely Ger-
manic districts under Danish domina-
tion.

In answer to the question of
Lord Clarendon, COUNT von BERN-
STORFF says that the first object of
the line proposed by the Germanic
Powers had been to exchange the
Duchy of Lauenbourg for a portion

THE SCHLESWIG QUESTION, 1848

contre une portion du Schleswig Sep-
tentrional; que plus tard lorsque de
la part des Puissances neutres on avait
fait valoir qu'il fallait une bonne ligne
militaire au Danemark, et que celle
d'Apenrade ne satisfaisait pas à ce
besoin, les Plénipotentiaires Prussiens
s'étaient déclarés prets á recommander
à leur Gouvernement une ligne plus
méridionale, à savoir, celle qui lais-
serait au Danemark la position d'Al-
sen et de Diippel, et lui donnerait ainsi
avec l’autre position de Fionie et de
Friedericia, une ligne de défense beau-
coup plus forte, comme la dernière
guerre l'avait prouvé, que celle de la
Slei et du Dannewerke: qu'en outre
cette ligne réunissait le grand avantage
de partager les deux nationalités
mieux que toute autre ligne, puisque
c'était celle qui avait séparé depuis la
Reformation, et jusqu’en 1848, l’usage
des langues Allemande et Danoise
dans l’église et l’école. M. le Comte
de Bernstorff croit que ces raisons
pour suggérer la ligne en question sont
de fort bonnes raisons. Il fait ce-
pendant itérativement remarquer qu'il
n'a pu que promettre de la recom-
mander son Gouvernement, et qu'il
n’est point encore autorisé à la pro-
poser, puisque de l’autre coté on n'a
rien fait jusqu'ici pour venir à la ren-
contre des propositions Allemandes.

M. LE Comte RusseLL fait ob-
server que cette ligne n’a pas été ac-
ceptée par l'Autriche.

M. LE COMTE APPONYI répond que
d’après ses instructions il est autorisé
à l’accepter.

Dans l'avis de M. DE BIEGELEBEN

911

of Northern Schleswig; that later
when it had been maintained by the
neutral Powers that a good military
line was a necessity for Denmark, and
that that of Apenrade did not satisfy
this need, the Prússian Plenipotenti-
aries had declared themselves ready
to recommend to their Government a
line further south, that is to say, one
which would leave to Denmark the
position of Alsen and of Duppel, and
which would thus give it, with the
other position of Fione and of Frie-
déricia, a line of defense much strong-
er, as the last war has proved, than
that of the Schley and of the Dan-
newerke: that, moreover, this line
would combine the great advantage of
dividing the two nationalities better
than any other line, since it was the
one which had separated, since the
Reformation and up to 1848, the use
of the German and the Danish lan-
guages in church and school. Count
von Bernstorff believes that these rea-
sons for suggesting the line in ques-
tion are very excellent reasons. He
repeats, however, that he has only
been able to promise to recommend it
to his Government, and that he is not
yet authorized to propose it, since
nothing has been done up to now by
the other side towards meeting the
German propositions.

EarL RUSSELL observes that this
line has not been accepted by Austria.

Count APPONYI answers that ac-
cording to his instructions he is au-
thorized to accept it.

In the opinion of M. DE BIEGELE-

912

‘la ligne de Flensbourg à Tondern est
aussi une bonne ligne commerciale.

MM. LES PLÉNIPOTENTIAIRES DU
DANEMARK maintiennent que la na-
tionalité de la partie mixte du Schles-
wig est essentiellement Danoise.

M. LE CoMTE BERNSTORFF insiste
sur la nécessité de consulter les popu-
lations mémes pour prouver le véri-
table état des choses.

Par suite d'une demande faite par
M. le Comte Russell, M. DE QUAADE
rappelle que son Gouvernement s’est
déclaré prêt à faire de grands sacri-
fices pour arriver au rétablissement de
la paix, mais qu'il y a des limites qu'il
ne saurait dépasser. Afin d'aller
aussi loin que possible dans la voie des
concessions, le Gouvernement Danois
pourrait adopter la proposition Ang-
laise du 28 Mai dans sa totalité; il
pourrait donc plus spécialement
adopter la frontière proposée par M.
le Comte Russell, c'est-à-dire, une
ligne de démarcation partant de l’em-
bouchure de la Slei et allant le long
du Dannewerke jusqu’à la ville de
Friedrichstadt.

M. DE KRIEGER présente des obser-
vations contre la ligne indiquée par
MM. les Ambassadeurs de 1'Autriche
et de la Prusse, laquelle ligne ne lais-
serait au Danemark que la partie la
plus septentrionale du Schleswig. Il
releve que Sa Majesté le Roi de Dane-
mark ne consentira pas à ce que le
Lauenbourg soit regardé comme com-
pensation de la partie purement
Danoise du Schleswig.

M. LE COMTE DE BERNSTORFF dit
qu'il avait bien raison de dire dans la

DOCUMENTS

BEN the Flensbourg-Tondern line is
also a good commercial line.

The PLENIPOTENTIARIES OF DEN-
MARK maintain that the nationality of
the mixed part of Schleswig is essen-
tially Danish.

Count von Bernstorff insists on the
necessity of consulting the populations
themselves in order to prove the true
state of affairs.

In consequence of a request made
by Earl Russell, M. DE QUAADE recalls
that his Government has declared it-
self ready to make great sacrifices in
order to arrive at a restoration of
peace, but there are limits which he
can not exceed. In order to go as far
as possible along the path of conces-
sions, the Danish Government could
adopt the English proposition of May
28 in its entirety; it could then more
especially adopt the frontier proposed
by Earl Russell, that is to say, a line
of demarcation beginning at the
mouth of the Schley and running
along the Dannewerke to the town
of Friedrichstadt.

M. pe KRIEGER presents observa-
tions against the line indicated by the
Ambassadors of Austria and Prussia,
which line would leave to Denmark
only the most northern part of Schles-
wig. He holds that His Majesty
the King of Denmark will not consent
that Lauenbourg should be regarded
as compensation for the purely Da-
nish part of Schleswig.

COUNT von BERNSTORFF says that
he was quite right in saying at the last
session that they were further from

THE SCHLESWIG QUESTION, 1848

derniére séance qu'on était plus loin
de s'entendre qu'on ne le supposait.

Protocole No. 10.— Séance du 18 Juin,
1864.!

M. LE COMTE DE BERNSTORFF
prend la parole et dit:

“J'ai a faire la déclaration sui-
vante au nom des Plénipotentiaires
Prussiens : |

““ Nous avons déjà iterativement
fait remarquer que la Conférence,
pour avoir les informations dont elle
a besoin, devait être éclairée sur les
vœux des populations du pays dont
l'avenir fait l’objet de ses delibera-
tions. Guidés par cette conviction, et
d'ordre de notre Gouvernement, nous
demandons que les habitants du
Schleswig soient consultés au sujet
des dispositions à adopter à leur égard,
et qu'il ne soit pas décidé du sort
d'une partie ou de la totalité de ces
populations, sans que préalablement
leurs vœux aient été loyalement con-
statés. Nous sommes autorisés á dis-
cuter le mode de l’execution et l'éten-
due de l’application á donner au prin-
cipe dont nous proposons l'adop-
tion.” ”

Sur la demande de M. le Comte
Russell si les Plénipotentiaires de
_ Autriche adhèrent à cette déclaration,
M. LE COMTE APPONYI s’est exprimé
en ces termes:

“Les Plénipotentiaires Autrichiens
se joignent à la déclaration qui vient
d’être lue par MM. les Plénipoten-

1 Brit. St. Pap., vol. 54, p. 244.

913

an understanding than was supposed.

Protocol No. 10.— Session of June 18,
1864.

COUNT von BERNSTORFF takes the
floor and says: “I am instructed to
make the following declarations in the
name of the Prussian Plenipotentia-
ries: “We have already pointed out
repeatedly that the Conference, in or-
der to have the information of which
it is in need, ought to be enlightened
as to the wish of the populations of
the country whose future forms the
object of its deliberations. Guided
by this conviction, we, at the order
of our Government, ask that the
inhabitants of Schleswig should be
consulted on the subject of the dispo-
sitions to be adopted in their regard,
and that the fate of a part or of a
whole of these populations should not
be decided, without their wishes hav-
ing been previously faithfully con-
sulted. We are authorized to discuss
the method of execution and the ex-
tent of the application to be given to
the principle of which we propose the
adoption.' ”

On the question of Earl Russell as
to whether the Plenipotentiaries of
Austria adhere to this declaration,
COUNT APPONYI expressed himself in
these terms: ‘ The Austrian Pleni-
potentiaries subscribe to the declara-
tion which has just been read by the
Prussian Plenipotentiaries, in so far

914

tiaires Prussiens, en tant que selon
opinion du Gouvernement Impérial
le but de l’œuvre de la paix ne pourra
être complètement atteint que moyen-
nant le consentement des Duchés, ex-
primé par l'organe de leur Souverain
et de leurs Représentants légalement
constitués. |

“Ils doivent cependant faire ob-
server qu'à leur avis la question de la
cession d’une partie du Schleswig in-
téresse presqu'autant le Holstein que
le Schleswig, et qu'elle n'est pas de
nature à être décidée par le vœu des
populations consultées par districts ou
par paroisses. Sous ce rapport ils ne
peuvent que se référer aux réserves
qu’ils ont faites précédemment à ce
sujet.”

M. DE QUAADE se réfère à la décla-
ration qu'il a faite dans la séance du
2 Juin au nom du Gouvernement
Danois. Il rappelle que le Roi de
Danemark n’a consenti à une cession
territoriale éventuelle qu'à condition
d'obtenir par là une existence indé-
pendante et parfaitement autonome
pour ce qui lui resterait de ses Etats,
‘et qu'il n’a été nullement question de
consulter les populations des terri-
toires qui doivent rester attachés au
Danemark. Ce n’est que dans la par-
tie qui serait cédée que l’on devrait
tenir compte des vœux des popula-
tions.

M. DE KRIEGER trouve également
cette proposition inacceptable. Il
comprend que dans des circonstances
tout-à-fait extraordinaires on ait re-
cours aux procédés exceptionnels de

DOCUMENTS

as, according to the opinion of the Im-
perial Government, the object of the
work of peace can not be completely
attained except by means of the
consent of the Duchies, expressed
through their Sovereign and their
Representatives, legally constituted.

‘ They must, however, observe that
according to their opinion the question
of the cession of a part of Schleswig
interests Holstein almost as much as
Schleswig, and that it is not of a na-
ture to be decided by the wish of the
populations consulted by districts or
by parishes. As to this point they
can only refer to the reservations
which they have already made on this
subject.”

M. DE QUAADE makes reference to
the declaration which he has made at
the session of June 2nd in the name
of the Danish Government. He re-
calls that the King of Denmark has
consented to an eventual territorial
concession only on condition of ob-
taining by it an independent and per-
fectly autonomous existence for what
would remain to him of his Estates,
and that there has been no question of
consulting the populations of the ter-
ritories which are to remain attached
to Denmark. It is only in the part
which should be ceded that the wishes
of the population should be consid-
ered.

M. DE KRIEGER finds that this prop-
osition is equally unacceptable. He
understands that in wholly extraordi-
nary circumstances one has recourse
to the exceptional procedure of the

THE SCHLESWIG QUESTION, 1848 -

la consultation d'une nation; mais ces
circonstances extraordinaires ne se
présentent pas, et il n'existe pas pro-
prement une nationalité Schleswic-
koise. Une proposition comme celle
qui vient d'étre faite, renferme une
petitio principi; il faudrait d’abord
qu'il eit été prouvé qu’une partie des
populations soumises au Roi de Dane-
mark devait être détachée des autres
populations. Pourquoi ne consulter
que les sujets Schleswickois du Roi de
Danemark? Pourquoi ne pas aussi
consulter tous les autres sujets de Sa
Majesté? Cette proposition ne pose
donc pas le principe des nationalités,
mais plutôt le principe d'une autono-
mie provinciale toute extraordinaire :
elle applique singulièrement aux exi-
gences qu'on veut fonder sur une
guerre un procédé auquel en général
on n’a recours que dans les révolu-
tions.

M. LE COMTE DE BERNSTORFF dit
que le but de la Conférence doit être
de tomber d'accord sur une ligne de
frontière, et que pour cela il serait
nécessaire de connaitre les vœux des
populations intéressées dans la ques-
tion.

M. LE BARON DE BRUNNOW s’ex-
primé aussi:

“Je regrette de me trouver dans
l'obligation de déclarer que je diffère
entièrement de l’opinion énoncée par
MM. les Plénipotentiaires de la
Prusse. Le sentiment de regret que
j'éprouve est d’autant plus vif qu'il
m'est pénible d'étre en désaccord avec
les Représentants d'une Puissance
unie à la Russie par les liens d'une

915

consultation of a nation : but these ex-
traordinary circumstances do not pre-
sent themselves, and there does not
exist, properly speaking, a Schleswig
nationality. A proposition like that
which has just been made contains a
““ petitio principi”; it is first of all :
necessary to prove that a part of the
populations under the rule of the King
of Denmark ought to be detached
from the other populations. Why
consult only the Schleswig subjects of
the King of Denmark? Why not
consult also the other subjects of
His Majesty? This proposition does
not lay down the principle of nation-
ality, but rather the principle of a
wholly extraordinary provincial au-
tonomy : it applies solely to the cir-
cumstance that one- wishes to base on
a war a procedure to which in general
one has recourse only in revolutions.

COUNT von BERNSTORFF says that
the object of the Conference should
be to agree on a frontier line, and for
this it will be necessary to know the
wishes of the populations interested in
the question.

BARON DE BRUNNOW expresses
himself as follows:

‘I regret to find myself obliged to
declare that I differ absolutely from
the opinion stated by the Plenipoten-
tiaries of Prussia. The sentiment
of regret which I feel is the more
poignant as it is painful to me to
disagree with the Representatives of
a Power united to Russia by the ties
of an intimate friendship. But if I

916

amitié intime. Mais si je dois de
justes égards aux propositions d'une
Puissance amie, j'ai des devoirs à
remplir envers la Cour que j'ai l’hon-
neur de représenter. Je dois, avant
tout, maintenir les principes qui ser-
vent de règle à la politique de l’Em-
pereur. Je m'éloignerais de ces prin-
cipes si j'admettais l'appel que MM.
les Plénipotentiaires de la Prusse pro-
posent de faire aux populations du
Schleswig. Dans quel but veut-on les
consulter? Il s'agit de les interroger
pour savoir s'ils veulent rester fidéles
á leur Souverain? Et sous quelles cir-
constances cette consultation aura-t-
elle lieu? Elle se fera tandis que le
pays est placé sous le régime d'une
occupation militaire.”

M. LE PLENIPOTENTIAIRE DE Rus-
SIE a rappelé ici les événements qui ont
amené' cette occupation. Les Cours
d'Autriche et de Prusse ont déclaré
qu'en prenant possession du Duché de
Schleswig, elles considéraient ce pays
comme un gage matérial, entre leurs
mains, afin d'obliger le Danemark á
remplir ses engagements envers l’Alle-
magne. Aujourd'hui, après avoir
militairement occupé ce Duché, la
Prusse, loin de restituer ce gage à son
Souverain, propose d'en appeler aux
habitants afin qu’ils décident à qui ils
veulent appartenir. C'est aux pay-
sans de Schleswig qu’on s'adresse pour
qu’ils tracent la frontière d'une con-
tree qui forme en ce moment l'objet
des délibérations de la Conférence de
Londres. Est-ce lá le but dans lequel
les Représentants des grandes Puis-
sances ont été appelés à se réunir à

DOCUMENTS

owe proper consideration to the prop-
ositions of a friendly Power, so have
I a duty to fulfill towards the Court
which 1 have the honor to represent.
I must, above all, maintain the princi-
ples which serve to regulate the policy
of the Emperor. I should forsake
these principles if I were to admit the
appeal which the Plenipotentiaries of
Prussia propose to make to the popu-
lations of Schleswig. For what pur-
pose is it desired to consult them? Is
it proposed to interrogate them in or-
der to ascertain whether they wish to
remain faithful to their Sovereign?
And under what circumstances will
this consultation take place? It will
be while the country is placed under
the rule of a military occupation.”
The PLENIPOTENTIARY OF RUSSIA
here recalled the events which led up
to this occupation. The Courts of
Austria and of Prussia have declared
that in taking possession of the Duchy
of Schleswig, they would consider this
country as a practical pledge in their
hands, to oblige Denmark to fulfill its
engagements towards Germany. To-
day, after having placed this Duchy
under military occupation, Prussia,
far from returning this pledge to its
Sovereign, proposes to call on the in-
habitants to decide to whom they wish
to belong. It is the peasants of
Schleswig who are called on to trace
the line of frontier of a country
which at this moment forms the object
of the deliberations of the Conference
of London. Is this the object for
which the Representatives of the great
Powers have been called to meet at

THE SCHLESWIG QUESTION, 1848

Londres? Le Plénipotentiaire de
Russie est loin de l’admettre. Dans
son opinion, les Puissances alliées ont
reconnu la nécessité de se concerter
avec les autres Puissances signataires
du Traité de 1852 sur les arrange-
ments qu'il conviendrait de substituer
à cette transaction, après une entente
établie d'une commun accord. Au-
jourd'hui, au lieu d'arriver à cette en-
tente par les efforts, par les conseils
réunis, des Représentants des Grandes
Puissances de l’Europe, voudrait-on
consulter les populations du Schles-
wig, pour subordonner à leur avis les
Actes de la Conférence! Le Pléni-
potentiaire de Russie, pour sa part, ne
saurait donner son assentiment a cette
proposition.

M. LE COMTE DE BERNSTORFF ne
voit pas pourquoi M. le Baron de
Brunnow a parlé exclusivement des
paysans ; il y a d’autres habitants dans
le Duché de Schleswig: et il n’est pas
même dit que les habitants doivent
décider, mais que la Conférence dev-
rait être éclairée sur les vœux des
populations du pays dont l'avenir fait
l’objet de ses déliberations. Quant à
la question de l'occupation militaire
pendant la consultation, elle n’a pas
encore été discutée.

M. LE BARON DE BRUNNOW dit que
la proposition de consulter les sujets
du Roi de Danemark en vue de le dé-
posséder serait une combinaison. nou-
velle de fait et un principe inadmis-
sible en droit. Il regrette de l’enten-
dre émettre par M. le Plénipotentiaire
de Sa Majesté le Roi de Prusse.

917

London? The Plenipotentiary of
Russia is far from admitting it. In
his opinion, the Allied Powers have
recognized the necessity of coming to
an agreement with the other Powers
signatory to the Treaty of 1852 as to
the arrangements which it would be
expedient to substitute for this trans-
action, according to an agreement es-
tablished by common accord. Today,
instead of arriving at this agreement
by the efforts, by the united councils,
of the Representatives of the great
Powers of Europe, it is desired to
consult the populations of Schleswig,
in order to subordinate to their opin-
ion the Acts of the Conference. The
Plenipotentiary of Russia, for his
part, can not give his consent to this
proposition.

COUNT von BERNSTORFF does not
see why Baron de Brunnow has
spoken exclusively of the peasants;
there are other inhabitants in the
Duchy of Schleswig; and it is not
even said that the inhabitants should
decide, but that the Conference should
be enlightened as to the wishes of the
population of the country whose fu-
ture forms the subject of its delibera-
tions. As for the question of. the
military occupation during the con-
sultation it has not yet been discussed.

BARON DE BRUNNOW says that the
proposition of consulting the subjects
of the King of Denmark with a view
to dispossessing him would be a com-
bination new in practice and a princi-
ple inadmissible in law. He regrets
to hear it advanced by the Plenipoten-
tiary of His Majesty, the King of
Prussia.

918

M. LE COMTE DE BERNSTORFF ré-
pond qu'il n'est pas question dans la
proposition de déposséder le Roi de
Danemark, mais seulement d'éclairer
la Conférence sur la meilleure ligne
de démarcation à tracer.

M. DE QUAADE rappelle de nouveau
qu'une cession territoriale n'a été ad-
mise que conditionnellement par son
Gouvernement, qui s'est réservé le
droit de revenir au Traité de Lon-
dres.

. M. LE COMTE DE CLARENDON fait

observer que . . . il s’associe aux ob-
servations-de M. le Baron de Brun-
now en ce qui concerne la premiére
déclaration de M. le Comte de Bern-
storff, dont le but est de faire dé-
tróner le Roi de Danemark. C'est là
le véritable résultat qu’on veut ob-
tenir en demandant aux sujets du Roi
s'ils veulent rester, on non, sous son
autorité. C'est encore lá un principe
nouveau et dangereux, qu'il a en-
tendu avec une pénible surprise.

M. LE COMTE DE BERNSTORFF dit
qu'il n'a parlé spécialement ni de
bourgeois ni de paysans. Il désire
surtout que ce soient les Etats du pays
qui aient á se prononcer, et il ne com-
prend pas la surprise de Lord Claren-
don. Il cite la cession des Iles loni-
ennes, et la consultation des voeux de
leurs habitants á cet égard, comme
l’exemple le plus récent, donné par
l’Angelterre elle-même, de Papplica-
tion de ce principe, qui n'est nullement
aussi dangereux que le principe pro-
clamé dans des pièces oOfficielles
émanées du Cabinet Britannique,

DOCUMENTS

COUNT von BERNSTORFF answers
that there is no question, in the propo-
sition, of dispossessing the King of
Denmark, but only of enlightening the
Conference as to the best lines of de-
marcation to be drawn.

M. DE QUAADE again recalls that a
territorial cession has been admitted
only conditionally by his Government,
which has reserved the right to revert
to the Treaty of London.

The EARL OF CLARENDON agrees
with the observations of Baron de
Brunnow as to that which concerns
the first declaration of Count von
Bernstorff, of which the object is to
dethrone the King of Denmark.
This is, indeed, the real result which
it is desired to obtain by asking the
subjects of the King whether or not
they wish to remain under his author-
ity. This is, indeed, a new and dan-
gerous principle, to which he has lis-
tened in painful surprise.

COUNT VON BERNSTORFF says that
he has not spoken especially of either
bourgeois or peasants. He desires
above all that it should be the Estates
of the country which should have the
function of pronouncing on the ques-
tion, and he does not understand the
surprise of Lord Clarendon. He cites
the cession of the Ionian Islands, and
the consultation of the wishes of their
inhabitants in this regard, as the most
recent example, given by England,
herself, of the application of this prin-
ciple, which is nowhere near as dan-
gerous as the principle proclaimed in

| THE SCHLESWIG QUESTION, 1848

d'après lequel chaque peuple qui ne
serait pas content de son Gouverne-
ment aurait le droit de le renvoyer et
de s'en donner un autre. Le principe
qu'il propose n'est pas non plus nou-
veau, puisqu'il a été appliqué dans les
derniers temps presque a tous les pays
qui ont changé de Maitre. Il cite en-
tre autres Naples, Toscane, la Savoie
et Nice.

M. LE COMTE DE CLARENDON ré-
pond que l’Angelterre n'était pas
Souveraine des lles loniennes, mais
qu'elle en avait accepté le Protectorat
dans un interet Européen.
déclarée préte á abandonner ce Pro-
tectorat avec l'assentiment des autres
Puissances, si c'était de vœu général
des populations.

M. LE BARON DE BRUNNOW rap-
pelle que les Iles Ioniennes formaient
un Etat indépendant, et qu'il ne s'agis-
sait nullement de les détacher de leur
Souverain.

La question qu'il fallait résoudre se

réduisait à savoir si le Gouvernement

des Iles Ioniennes désirait rester sous
le Protectorat Anglais en conservant
son indépendance, ou bien s'il préfé-
rait y renoncer pour se réunir au Ro-
yaume Hellénique. C’est dans ce but
que le Gouvernement de Sa Majesté
Britannique a consulté les vœux du
Parlement lonien. Cette détermina-
tion a été prise de concert avec les
Répresentants réunis en Conférence
à Londres. M. l'Ambassadeur de
Prusse ne saurait l'avoir oublié, parce
qu’il a pris part lui-même aux délibér-

Elle s'était —

919

the official documents emanating from
the British (Cabinet, according to
which any people not content with
its Government would have the right
to depose it and to give itself another.
The principle which he proposes is no
longer novel, since it has been applied
in recent times to nearly all the coun-
tries which have changed masters.
He cites, among others, Naples, Tus-
cany, Savoy and Nice.

The EARL OF CLARENDON answers
that England was not the Sovereign
of the Ionian Islands, but that she had
accepted the Protectorate in the inter-
est of Europe: : She had declared her- -
self ready to abandon this Protector-
ate with the assent of the other Pow-
ers, if it should be the general wish of
the populations.

BARON DE BRUNNOW recalls that
the lonian Islands formed an inde-
pendent State, and that there was no
question of detaching them from their
Sovereign.

The question which was to be set-
tled reduced itself to that of ascer-
taining whether the Government of
the lonian Islands desired to remain
under the English Protectorate while
keeping its independence, or whether
it preferred to renounce this in order
to unite with the Hellenic Kingdom.
It is with this object that the Govern-
ment of Her Britannic Majesty has
consulted the wishes of the lonian
Parliament. This determination was
taken in concert with the Representa-
tives united in Conference at London.
The Ambassador of Prussia can not

920

ations de cette Conférence. Il devrait
se persuader ainsi que l'exemple des
Iles Ioniennes, auquel il se réfère, ne
s'applique en rien à sa proposition ac-
tuelle de consulter les habitants de
Schleswig, qu'ils soient paysans ou
bourgeois.

M. LE COMTE DE BERNSTORFF de-
mande à citer un autre exemple que
M. l'Ambassadeur de Russie admettra
peut-être, puisque le Gouvernement de
Russie y a lui-même concouru, c’est
celui de la Grèce, ou une révolution
a eu lieu, et où un nouveau Souverain
a été établi en vertu d’une plébiscite.
Il ne comprend pas l'application d'un
principe dans un cas, et sa répudiation
dans l’autre. |

M. LE BARON DE BRUNNOW répond
que la Grèce n'a pas été occupée par
la Russie comme le Schleswig est oc-
cupé par les troupes Prussiennes; que
la Grèce n'a pas été considérée non
plus comme un gage matériel; enfin
que le Gouvernement Impérial a con-
couru à reconnaître un Souverain
élevé au Trône par l’Assemblée Na-
tionale de la Grèce, mais qu'il n’a pas
consulté les habitants de la Grèce pour
le déposséder.

M. LE COMTE RUSSELL tient à rap-
peler qu'il s'agissait en Grèce d'une
révolution populaire, et que les Grecs
avaient déjà constitué eux-mêmes un

Gouvernement Provisoire. Revenant

DOCUMENTS

have forgotten it, for he himself took
part in the deliberations of that Con-
ference.

He should, therefore, be convinced
that the example of the Ionian
Islands, to which he refers, in no way
applies to the present proposition of
consulting the inhabitants of Schles-
wig, whether they be peasant or bour-
geois.

COUNT VON BERNSTORFF asks to be
allowed to cite another example which
the Ambassador of Russia will per-
haps admit, since the Government of
Russia has itself concurred in it,
namely that of Greece, where a revo-
lution has taken place, and where a
new Sovereign has been established
by virtue of a plebiscite. He does not
understand the application of a prin-
ciple in the one case and its repudia-
tion in the other.

BARON DE BRUNNOW answers that
Greece was not occupied by Rus-
sia as Schleswig is occupied by the
Prussian troops: moreover, that
Greece was not considered as a ma-
terial pledge ; finally, that the Imperial
Government agreed to recognize a
Sovereign elevated to the throne by
the National Assembly of Greece, but
that 1t did not consult the inhabitants
of Greece in order to dispossess him.

EARL RUSSELL begs to recall that
in Greece it was a question of a popu-
lar revolution, and that the Greeks
had already constituted for them-
selves a Provisional Government.

THE SCHLESWIG QUESTION, 1848

à la question du Danemark, M. le
Comte Russell ajoute que le Traité de
1852 a eu pour objet de reconnaitre le
Roi comme Duc dans les Duchés.
Quand Sa Majesté le Roi actuel a suc-
cédé après la mort du feu Roi, il a été
reconnu dans tous ces Etats, et sans
l'intervention de l'Allemagne il n'y
aurait eu nulle part une succession
plus paisible, ni plus régulière. C'est
la Proclamation du Duc d'Augusten-
bourg dans le Holstein et l'invasion
du Schleswig qui ont provoqué de
mouvement insurrectionnel. La révo-
lution n'a pas été faite par les hab-
itants, mais par les armées alliées.

MM. LES PLÉNIPOTENTIAIRES
PRUSSIENS doivent protester contre
cette manière de représenter les faits,
et M. le Comte de Bernstorff soutient
que ce sont au contraire les armées
alliées qui ont empêché la révolution
qui aurait éclaté tôt ou tard.

M. LE PRINCE DE LA Tour
D’AUVERGNE fait observer qu'une
analogie complète ne paraît pas exis-
ter entre les situations auxquelles il
a été fait allusion. Dans tous les cas,
le principe du partage du Schleswig
ayant été admis de part et d’autre, il
ne s’agit plus que de trouver le tracé
de la nouvelle frontière. Il y a là un
but déterminé. La consultation pour-
rait s'appliquer aux districts mixtes,
sans s'appliquer à tout le Duché de
Schleswig.

M. LE COMTE DE BERNSTORFF rap-
pelle qu'il a fini sa déclaration en

921

Returning to the question of Den-
mark, Earl Russell adds that the
Treaty of 1852 had for its object the
recognition of the King as Duke in
the Duchies. When his present Maj-
esty succeeded on the death of the late
King, he was recognized in all these
States, and without the intervention
of Germany there would have been
nowhere a more peaceful and regular
succession. It is the proclamation of
the Duke of Augustenbourg in Hol-
stein and the invasion of Schleswig
which have provoked the insurrection-
ist movement. The revolution has
not been brought about by the inhabit-
ants but by the allied armies.

The PRUSSIAN PLENIPOTENTIARIES
are forced to protest against this man-
ner of representing the facts, and
Count von Bernstorff maintains that,
on the contrary, it is the Allied Ar-
mies which have prevented the revo-
lution which would have broken out
sooner or later.

PRINCE DE LA TOUR D'AUVERGNE
observes that there does not seem to
be a complete analogy between the
situations to which allusion has been
made. At all events, the principle
of the partition of Schleswig having
been admitted by both sides, it is only
a question of finding the line of the
new frontier. There is a definite ob-
ject. The consultation could be ap-
plied to the mixed districts without
being applied to the whole Duchy of
Schleswig.

Count von BERNSTORFF recalls
that he finished his declaration by

922

disant que le mode de l'exécution,
ainsi que l’étendue de l'exécution à y
donner, étaient a discuter.

M. LE PRINCE DE LA Tour
D’AUVERGNE avait cru comprendre
qu'il s'agissait, dans la proposition
emise par M. le Comte de Bernstorff,
d’une consultation generale du Schles-
wig, et non pas d’une consultation
limitee aux populations qui en seraient
detachees et aux districts mixtes.

M. LE CoMTE WACHTMEISTER a
cru jusqu'ici que les seules popula-
tions & consulter etaient celles habi-
tant dans les districts qui seraient
volontairement cedes par le Dane-
mark. Il considere comme impracti-
cable de fixer le tracé d'une frontiere
d'apres le vote des populations.

M. LE COMTE DE BERNSTORFF ne
trouve pas que les différents points de
vue soient complètement divergents.
La question est ouverte, selon lui,
pour la discussion relativement à
l'étendue de la consultation, pour dé-
cider si elle doit être appliquée à une
partie ou à la totalité du Duché.

M. DE KRIEGER, . . . tient à con-
stater que les Schleswickois étaient
sujets fidèles du Roi, et qu'ils n’au-
raient pas eux-mêmes pris les armes.
Le Danemark n'a pas accepté d’une
manière générale le principe du par-
tage, mais il a adhéré à une certaine
ligne de démarcation, en exigeant en
retour certaines garanties politiques,
commerciales et stratégiques. La
question du Schleswig ne peut pas
être réduite à une question de national-
ité.

M. LE BARON DE BEUST fait ob-

DOCUMENTS

stating that the method of execution,
as well as the scope to be given to it,
were left for future discussion.

PRINCE DE LA TOUR D'AUVERGNE
has thought that he understood that
in the proposition of Count von
Bernstorff it was a question of a
general consultation of Schleswig,
and not of a consultation limited to
the populations which should be de-
tached, and to the mixed districts.

Count WACHTMEISTER has be-
lieved, up to now, that the only pop-
ulations to be consulted were those
inhabiting the districts to be volun-
tarily ceded by Denmark. He con-
siders it impracticable to fix the line
of frontier according to the vote of
the populations.

COUNT VON BERNSTORFF does not
find the different points of view abso-
lutely divergent. The question is
open, according to him, for discus-
sion as to the extent of the consulta-
tion, in order to decide whether it
should be applied to a part or the
whole of the Duchy.

M. DE KRIEGER, . . . maintains
that the Schleswig people were faith-
ful subjects of the King, and that they
would not of themselves have taken
up arms. Denmark has not accepted
in a general way the principle of
partition, but it has adhered to a cer-
tain line of demarcation, while insist-
ing, in return, on certain guarantees
political, commercial and strategic.
The question of Schleswig cannot be
reduced to a question of nationality.

BARON VON BEUST observes that

THE SCHLESWIG QUESTION, 1848

server que les Schleswickois étant
Danois selon M. de Krieger, il serait
facile de le prouver par une consulta-
tion dont le résultat devrait étre satis-
faisant pour le Danemark. En le
proposant on repousse le reproche si
souvent entendu d'avoir envahi le
Schleswig par esprit de conquête. Il
serait juste d'accepter cet ordre de
procéder. M. le Comte de Bernstorff
a dit que le but de la propdsition est
d'aplanir les difficultés qui s'opposent
au réglement de la question. Des
points de vue trés-opposés se trouvent
en présence. MM. les Plénipoten-
tiaires du Danemark et des Puissances
neutres ont dit que le Schleswig fait
toujours partie de la Monarchie
Danoise, et qu'il ne s’agit que d'en
détacher une partie. De son cóté, il
a soutenu à différentes reprises, que
le Schleswig a cessé de faire partie de
la Monarchie Danoise. Si, dans cette
circonstance, il a pris sur lui d'ex-
primer une opinion qui n'avait pas en-
core été émise par la Diéte, il peut dire
maintenant que cette opinion a été
confirmée et approuvée depuis par la
Diéte, qui ne saurait adopter la ma-
niere de voir de ces Plénipotentiaires
au sujet de la disposition à faire de la
partie septentrionale du Schleswig.
La proposition de M. le Comte de
Bernstorff n'aurait pas pour résultat
inévitable que le Roi de Danemark
fut dépossédé: elle est faite dans un
esprit de paix et de conciliation, et
nullement pour faire voter contre le
Danemark. Libre aux populations de
se prononcer, ce moyen d'arriver à une
solution n'est pas aussi impracticable

923

as the people of Schleswig are Danish
according to M. de Krieger, it would
be easy to prove it by a consultation,
the result of which should be satisfac-
tory to Denmark. In proposing it
they repudiate the reproach so often
heard, of having invaded Schleswig
in a spirit of conquest. It would be
equitable to accept this order of pro-
cedure. Count von Bernstorff has
said that the purpose of the proposi-
tion is to smooth away the difficulties
which prevent the settlement of the
question. There are diametrically
opposite points of view here present.
The Plenipotentiaries of Denmark
and of the neutral Powers have said
that Schleswig forms at all times a
part of the Danish Monarchy, and
that it is only a question of detach-
ing a part of it. For his part he has
repeatedly maintained, at different
times, that Schleswig has ceased to
form a part of the Danish Monarchy.
If, in these circumstances, he has
taken it on himself to express an
opinion which has not as yet been
emitted by the Diet, he can now say
that this opinion has since been con-
firmed and approved by the Diet,
which could not adopt the point of
view of these Plenipotentiaries on the
subject of the disposition to be made
of the northern part of Schleswig.
The proposition of Count von
Bernstorff would not have for its
inevitable result the dispossession of
the King of Denmark: it is made in
a spirit of peace and conciliation, and
not at all to bring about a vote
against Denmark. To leave the pop-

924

qu'on semble le croire Une fois
qu'on adopte le principe que c'est la
population qui doit décider elle-meme
de son sort, les Puissances se trou-
veraient sur un terrain neutre. M. le
Plénipotentiaire de France a rappelé
que les Plénipotentiaires Allemands
ont accepté le partage du Schleswig
en principe. Mais pourquoi? Ils
Pont accepté, sachant qu’au nord du
Schleswig il existe une population
qu'on prétend étre Danoise et vouloir
etre Danoise. Eh bien, qu'on le con-
state. MM. les Plénipotentiaires
Danois ont soutenu que les Schles-
wickois sont tres-Danois dans leurs
sentiments. Il est cependant notoire
qu'il y a eu beaucoup de manifesta-
tions dans ce Duché en faveur de
l'Allemagne, et il serait impossible
pour la Confédération d'abahdonner
des populations placées aujourd’hui
sous la protection des armes Alle-
mandes. Il s’agit plutôt de trouver
une issue pratique que d'introduire
un nouveau principe, et il faut em-
ployer des moyens qui donneraient à
chaque partie la possibilité de se pro-
noncer. Il ne peut pas nier que la
nationalité ne soit en cause. La ligne
de démarcation devrait se régler prin-
cipalement d'apres les éléments qui se
trouvent de l’un ou de l’autre côté.
On a parlé de regrets. Il y a plus
d'une Cour Allemande qui a regretté
de voir reconnu par des Gouverne-
ments professant des principes con-
servateurs un état de choses détrônant
des Princes légitimes au moyen d’une
invasion et du suffrage universel.

DOCUMENTS

ulations free to pronounce them-
selves, is a means of arriving at a
solution not as impracticable as some
appear to think. Once adopt the
principle that it is the populations
which ought themselves to decide
their own fate, and the Powers would
find themselves on a neutral ground.
The Plenipotentiary of France has
recalled that the German Plenipoten-
tiaries have accepted the partition of
Schleswig in principle. But why?
They have accepted it, knowing that
in the north of Schleswig there exists
a population which, it is asserted, is
Danish and wishes to be Danish.
Very well, let it be proved. The
Danish Plenipotentiaries have main-
tained that the people of Schleswig
are very Danish in their senti-
ments. It is nevertheless notorious
that there have been many mani-
festations in the Duchy in favor of
Germany, and it would be impossible
for the Confederation to abandon
the populations placed today under
the protection of the German arms.
It is rather a question of finding a
practical way out than of introducing
a new principle, and it is necessary
to employ means which would give
to each party the possibility of pro-
nouncing itself. It cannot be denied
that it would be a trial of nationality.
The line of demarcation should be ar-
ranged principally according to the
elements found on the one side or
the other. One has spoken of re-
grets. There is more than one Ger-
man Court which has regretted to see

THE SCHLESWIG QUESTION, 1848

Ici il ne s'agit pas méme de rien
d'analogue.

M. LE BARON DE BRUNNOW a ré-
sumé la discussion en ces termes:
“ Dans cette réunion, nous choisissons
des voies quelquefois divergentes pour
arriver à un but qui nous est commun;
je veux dire, le rétablissement de la
paix. La proposition que MM. les
Plénipotentiaires de la Prusse vien-
nent d’émettre dans ce but n'a pas
rencontré, au sein de la Conférence,
un assentiment unanime. MM. les
Plénipotentiaires de la Cour d’Au-
triche ont constaté en combien leurs
vues diffèrent de celles de la Prusse.
MM. les Plénipotentiaires de la
Grande Bretagne ont prononcé leur
dissentiment d’une manière encore
plus formelle. J'ai été dans l’obliga-
tion de m'exprimer dans le méme es-
prit. M. l’Ambassadeur de France a
restreint la question aux districts
mixtes, sans l'étendre au delà. M.
le Ministre de Suede et Norvège n’a
point voulu préjuger à cet égard les
intentions des Plénipotentiaires du
Danemark. Leur réponse est déci-
sive. Elle décline la proposition
Prussienne appuyée par M. le Pléni-
potentiaire de la Confédération .Ger-
manique seul. Le résultat de cette
déliberation atteste que le mode de la
solution indiquée par la Cour de
Prusse n'a pas réuni les suffrages de
la Conférence.”

925

recognized by Governments profess-
ing conservative principles a state of
affairs dethroning legitimate princes
by means of invasion and of univer-
sal suffrage. There is nothing
analogous in the present situation.

BARON DE BRUNNOW summed up
the discussion in these terms: “In
this meeting we chose paths some-
times divergent in order to arrive at
a common destination: by this I
mean the reestablishment of peace.
The proposition which the Pleni-
potentiaries of Prussia have recently
made towards this end have not met
in the minds of the Conference with
a unanimous assent. The Pleni-
potentiaries of the Court of Austria
have stated how greatly their views
differ from those of Prussia. The
Plenipotentaries of Great Britain
have pronounced their dissent in a
manner still more formal. I have
been obliged to express myself in
the same spirit. The Ambassador of
France has limited the question to
the mixed districts, without extend-
ing it further. The Minister of
Sweden and Norway has not wished
to prejudge the intentions of the
Plenipotentaries of Denmark on this
point. Their answer is decisive.
The Conference declines the Prussian
proposition, supported solely by the
Plenipotentiary of the Germanic Con-
federation. The result of this delib-
eration proves that the method of
solution indicated by the Court of
Prussia has not gained the support
of this Conference.”

926

Après avoir constaté ce résultat, M.
L'AMBASSADEUR DE RUSSIE a cru de-
voir inviter M. le Président à vouloir
bien prendre en considération la néces-
sité d'aviser á une autre combinaison
de nature à faciliter une transaction
desirable.

M. LE CoMTE RUSSELL répondant
alors à l'invitation de M. le Plénipo-
tentiaire de Russie, donne lecture
d'une proposition ainsi conçue:

‘ Plusieurs semaines se sont passées
depuis que nous nous sommes réunis
en Conférence. La dernière suspen-
sion d’armes n'a été conclue que pour
l'espace de 15 jours, et elle doit ex-
pirer le 26 de ce mois.

“ Mais tout imminent que paraisse
le renouvellement de la guerre, on ne
saurait dire que nous n'avons fait au-
cun progrès vers le rétablissement de
la paix. Les propositions que j'ai
faites dans la séance du 28 Mai, et
qui avaient obtenu l’assentiment préa-
lable des Puissances neutres, ont été
acceptées par le Danemark dans des
termes presque identiques avec ceux
dont je me suis servi en les proposant
à la Conférence, ainsi que dans leur
principe par les Puissances Alle-
mandes belligérantes, MM. les Pleni-
potentiaires Danois, en donnant leur
consentement à la cession des Duchés
de Holstein et de Lauenbourg et au
partage de Schleswig, ont demandé
que la ligne de démarcation soit tracée
au sud d'Eckernforde, et au sud de la
ville de Schleswig, suivant la ligne du
Dannewerke jusqu'à Friedrickstadt.

DOCUMENTS

After having stated this result the
AMBASSADOR OF Russia has thought
it his duty to invite the President to
be good enough to take under con-
sideration the necessity of consulting
as to another combination, of such a
nature as would facilitate a desirable
compromise.

EARL RUSSELL, in answer to the
invitation of the Plenipotentiary of
Russia, read a proposition as fol-
lows:

‘“ Several weeks have passed since
we have met in Conference. The
last suspension of arms has been con-
cluded for a space of only 15 days,
and should expire on the 26 of the
present month.

“ But imminent as the resumption
of war appears to be, it cannot be
said that we have made no progress
towards the reestablishment of peace.
The propositions which I made at the
session of May 28, and which had
obtained the previous assent of the
neutral Powers, have been accepted
by Denmark in terms almost identical
with those of which I have availed
myself in presenting the propositions
to the Conference, as well as, in prin-
ciple, by the belligerent Germanic
Powers. The Danish Plenipoten-
tiaries, in giving their consent to the
cession of the Duchies of Holstein
and of Lauenbourg and to the parti-
tion of Schleswig, have demanded
that the line of demarcation be drawn
to the south of Eckernforde, and to
the south of the city of Schleswig,
following the line of the Dannewerke

THE SCHLESWIG QUESTION, 1848

MM. les Plénipotentiaires Allemands
belligérants ont proposé l’adoption
d'une ligne de démarcation qui par-
tirait d'Apenrade et finirait a Ton-
dern et Hoyer. Le point principal du
désaccord se trouve donc réduit á des
limites qui n'excluent pas l’espoir d'un
rapprochement.

“ Aussi longtemps que de graves in-
téréts, ainsi que l'honneur de l’Alle-
magne et du Danemark, paraissaient
dépendre de la lutte, la proposition qui
a été faite par Lord Clarendon au
Congrés de Paris en 1856, qui y a
obtenu l’adhésion de l’Autriche, de la
France, de la Prusse, de la Russie, et
de la Turquie, et qui plus tard a été
adoptée par toutes les Puissances prin-
cipales du monde, exprimant le voeu
que les Etats entre lesquels s’eleverait
un dissentiment sérieux eussent re-
cours aux bons offices d’une Puissance
amie avant d'en appeler aux armes,
eut été inapplicable.

“ Mais maintenant que la principale.

question en dispute s'est réduite a
celle de tracer une frontière à quelques
lieues plus ou moins au nord, quand
les deux parties belligérantes ont sou-
tenu avec éclat l'honneur de leurs
armes, et quand la reprise des hos-
tilités produirait une phase nouvelle
de calamités douleureuses pour l’hu-
manité et peu dignes de la civilisation
de notre siècle, les Plénipotentiaires
de la Grande Bretagne croient rem-
plir un devoir sacré en proposant aux
Puissances belligérantes, c’est-à-dire, à
l'Autriche, à la Prusse, et au Dane-
mark, de faire appel á une Puissance

927

as far as Frederickstadt. The Pleni-
potentiaries of the Germanic bellig-
erents have proposed the adoption
of a line of demarcation which should
begin at Apenrade and finish at Ton-
dern and Hoyer. The principal
point of disagreement is thus re-
duced to limits which do not exclude
the hope of an agreement.

“As long as grave interests, as
well as the honor of Germany and
of Denmark, appeared to depend on
the struggle, the proposition made by
Lord Clarendon to the Congress of
Paris in 1856, which has obtained
the adhesion of Austria, France,
Prussia, Russia, and Turkey, and
which has been later adopted by all
the principal Powers of the world,
expressing the wish that the States
among which serious dissent should
arise should have recourse to the
good offices of a friendly Power be-
fore an appeal to arms, would have
been inapplicable.

“ But now that the chief question
in dispute is reduced to that of trac-
ing a frontier at some places more
or less to the north, when the two
belligerent parties have upheld with
glory the honor of their arms, and
when the resumption of hostilities
would produce a new phase of
calamities dolorous for humanity and
unworthy of the civilization of our
century, the Plenipotentiaries of
Great Britain believe they are ful-
filling a sacred duty in proposing to
the belligerent Powers, that is to say,
to Austria, Prussia and Denmark, to
make an appeal to a friendly Power,

928 DOCUMENTS

amie, afin qu'une ligne de frontiére
soit tracée, qui ne passerait ni au sud
de la ligne indiquée par le Danemark,
ni au nord de celle désignée par MM.
les Plénipotentiaires Allemands.”

Protocole No. 11.— Séance du 22 Juin,
1864.:

M. LE COMTE RUSSELL constate, et
il le fait avec regret, que sa proposi-
tion a été rejetée par le Danemark,
et qu'elle n’a pas été acceptée par les
Puissances alliées. Quant à la ré-
ponse des Puissances Allemandes bel-
ligérantes, il lui paraît évident qu’-
après deux ou trois mois de travaux
inutiles, la décision du Souverain mé-
diateur serait mise de côté dans le cas
où une proportion tant soit petite des
habitants d’un district en füt mécon-
tente.

M. LE PRINCE DE LA Tour D'Au-
VERGNE annonce que toutes les com-
binaisons qui ont été mises en avant
. pour arriver à un accord sur le tracé
de la frontière ayant été malheureuse-
ment écartées, il croit devoir soumet-
tre á la Conférence une nouvelle sug-
gestion. Il s’exprime ainsi:

“ Lorsque le Gouvernement de
l'Empereur a donné son adhésion au
projet de transaction mis en avant par
le Principal Secrétaire d'Etat de Sa
Majesté Britannique, dans la séance
du 28 Mai, il espérait que les efforts
réunis des Plénipotentiaires des Puis-
sances neutres, accordés par les dispo-

1 Brit. St. Pap., vol. 54, p. 265-

in order that a line of frontier may be
drawn, which shall pass neither to
the south of the line mdicated by
Denmark, nor to the north of that
designated by the German Pleni-
potentiaries.”

Protocol No. 11.— Session of June

22, 1864.

EARL RUSSELL states, and he does
so with regret, that his proposition
has been rejected by Denmark, and
that it has not been accepted by the
Allied Powers. As for the response
of the belligerent Germanic Powers, it
appears to him evident that after two
or three months of useless laboring
the decision of the mediating Sov-
ereign would be put aside in case a
proportion, however small, of the in-
habitants of a district were dissatis-
fied with it.

PRINCE DE LA TOUR D'AUVERGNE
announces that all the combinations
which have been advanced for arriv-
ing at an agreement as to the draw-
ing of the frontier having been un-
happily discarded, he believes that he
should submit to the Conference a
new suggestion. He expresses him-
self as follows:

“When the Government of the
Emperor gave its adhesion to a pro-
posed compromise put forward by the
Chief Secretary of State of His Bri-
tannic Majesty, at the Session of May
28, he hoped that the united efforts
of the Plenipotentiaries of the neu-
tral Powers, aided by the conciliatory

THE SCHLESWIG QUESTION, 1848

sitions conciliantes des Plénipoten-
tiaires des Puissances belligérantes,
parviendraient á amener, entre les par-
ties intéressées, une entente sur le
tracé de la ligne de frontière.

“* Ces espérances ne se sont malheu-
reusement pas réalisées. Toutes les
combinaisons proposées ont été re-
poussées, et aucun compromis ne sem-
ble jusqu'ici avoir chance d'étre ac-
cepté. Dans cette situation, le Gou-
vernement de l'Empereur considère
comme de son devoir de faire, dans
l'intérêt de la paix, une dernière sug-
gestion. C'est en vertu de leur na-
tionalité que les districts septentrio-
naux du Slesvig doivent étre attribués
au Danemark et ceux du sud a l'Alle-
magne. On n'a pas jugé utile de faire
un appel au vœu des populations là où
ce vœu semblait manifeste; mais on
pourrait le consulter lá où il est dou-
teux et où aucun autre moyen n'exis-
terait plus pour établir un accord.
Tout en admettant l'impossibilité de
prendre la nationalité pour règle ab-
solue, dans le partage des districts
mixtes du Slesvig, le Gouvernement
de l'Empereur est d'avis, cependant,
que l’on devrait demander à un vote
des communes les éléments d'appré-
ciation auxquels on conviendrait de
sen rapporter. Ce vote par com-
munes permettrait de tenir, dans le
tracé définitif de la frontière, le
compte le plus exact possible de
chaque nationalité.

“ Pour qu'il présentat d'ailleurs les
garanties desirables, il serait utile
d’établir que toute force militaire se-
rait préalablement éloignée, et que les

929

dispositions of the Plenipotentiaries
of the belligerent Powers, would suc-
ceed in leading to an agreement be-
tween the interested parties as to the
drawing of the line of frontier.

“ These hopes have, unfortunately,
not been realized. All the combina-
tions proposed have been rejected, and
no compromise appears up to now to
have any chance of being accepted.
In this situation, the Government of
the Emperor considers it as its duty,
in the interest of peace, to make a last
suggestion. It is by virtue of their
nationality that the northern districts
of Schleswig ought to be ascribed to
Denmark and those of the south to
Germany. It has not been judged
wise to make an appeal to the wishes
of the populations where that wish
appeared manifest; but it could be
consulted where it is doubtful, and
where no other means exists where-
with to establish an agreement.
While admitting the impossibility of
taking nationality as an absolute rule
in the partition of the mixed districts
of Schleswig, the Government of the
Emperor is nevertheless of the opin-
ion there should be obtained from a
vote of the communes, the elements of
appreciation to which it is expedient
to relate such a partition. This vote
by communes would allow, in the de-
finitive drawing of the frontier line,
the giving of the most exact consid-
eration possible to each nationality.

“ Moreover, in order that desirable
guarantees should be given, it would
be well to determine that all military
forces should be previously removed

930 DOCUMENTS

suffrages seraient exprimés en dehors
de toute pression. (Chaque Puissance
pourrait, en outre, envoyer des délé-
gués sur les lieux afin de constater la
parfaite sincérité du scrutin.”

M. LE COMTE DE BERNSTORFF dit
qu'il ne voit pas d'objection à prendre
ad referendum la proposition que M.
le Prince de la Tour d'Auvergne
vient de soumettre à la Conférence,
puisqu'elle part à peu près du même
point de vue que la dernière proposi-
tion de son Gouvernement. Il rap-
pelle cependant qu'il y aurait toujours
la question de l'armistice à régler.

En réponse à une observation de
M. le Comte de Bernstorff, M. LE
PRINCE DE LA TOUR D'AUVERGNE dit
que les districts à consulter devraient
être, suivant lui, ceux qui se trouvent
situés entre la ligne de frontière pro-
posée au nord par MM. les Plénipo-
tentiaires de l’Autriche et de la Prusse,
et la ligne indiquée au sud par MM.
les Plénipotentiaires Danois.

M. LE COMTE APPONYI, en se réfé-
rant aux réserves qu'il a faites dans
les séances précédentes, dit que d’après
ses instructions il ne se croit pas au-
torisé à adhérer à la proposition qui
vient d’être faite.

M. LE BARON DE BEUST serait prêt
à reconnaître dans la proposition de
M. le Prince de la Tour d’ Auvergne
un moyen de rapprochement. Il croit
que l'occupation militaire n’y serait
pas un obstacle, et qu'il serait facile
de donner aux populations toute li-
berté de se prononcer, sans aucune
contrainte. Répondant à M. le Pléni-

and that the votes should be cast in the
absence of all pressure. Each Power
could, besides, send its delegates to the
spot in order to establish the perfect
sincerity of the vote.”

COUNT VON BERNSTORFF says that
he sees no objection to taking ad ref-
erendum the proposition which the
Prince de la Tour d'Auvergne has just
submitted to the Conference, since it
hardly differs from the point of view
expressed in the last proposition of
his Government. He recalls, how-
ever, that there is always the question
of the armistice to be settled.

In answer to an observation of
Count von Bernstorff, PRINCE DE LA
TOUR D'AUVERGNE says that the dis-
tricts to be consulted should be, in his
opinion, those which are situated be-
tween the line of frontier proposed to
the north by the Plenipotentiaries ‘of
Austria and of Prussia and the line
indicated to the south by the Danish
Plenipotentiaries.

COUNT APPONYI, referring to the
reservations which he has made at the
preceding sessions, says that accord-
ing to his instructions he does not be-
lieve himself authorized to adhere to
the proposition just made.

BARON von BEUST would be ready
to recognize in the proposition of the
Prince de la Tour d'Auvergne a
means of agreement. He believes
that the military occupation would not
be an obstacle, and that it would be
easy to give to the populations com-
plete liberty to express their opinion,
without any restraint. In answer to

THE SCHLESWIG QUESTION, 1848

potentiaire de France, qui lui demande
s'il entend par là la retraite des troupes
Allemandes pendant la consultation, il
dit que dans sa pensée personnelle il
la juge possible, aussi bien que des
mesures qui, sans entraver la marche
de l’administration, garantiraient l'ex-
ercice parfaitement indépendant du
vote.

M. LE COMTE RUSSELL, en deman-
dant l’opinion de MM. les Plénipoten-
tiaires Danois sur la proposition, dit
que quant aux Plénipotentiaires Ang-
lais, ils seraient tout disposés à s’y
rallier, si le Gouvernement Danois
croyait pouvoir y donner son adhé-
sion.

M. DE QUAADE répond qu'il se
trouve naturellement sans instructions
spéciales à ce sujet, et qu'il ne saurait
consentir à la prendre même ad ref-
erendum. Il rappelle sa déclaration
du 2 Juin, dans laquelle il a dit que
son Gouvernement ferait de grands
sacrifices pour arriver au rétablisse-
ment de la paix, mais qu'il y avait des
limites qu'il ne pouvait dépasser ; et
les instructions dont il est muni lui
défendent de consentir à aucune autre
ligne qu’à celle proposée par MM. les
Plénipotentiaires Anglais dans la
séance du 28 Mai, et acceptée par le
Danemark.

M. DE KRIEGER, tout en s'associant
à la réponse de M. de Quaade, se ré-
fere à la discussion qui a eu lieu à la
dernière séance au sujet de la propo-
sition de M. le Comte de Bernstorff
de consulter les populations du Sles-

931

the Plenipotentiary of France, who
asks whether he means by that the
withdrawal of the German troops
pending the consultation, he says that
in his personal judgment he considers
1t possible, as well as those measures
which, without interfering with the
progress of administration, would
guarantee the perfectly independent
exercise of the vote.

. EARL RUSSELL, in asking the opin-
ion of the Danish Plenipotentiaries
on the proposition, says that as for
the English Plenipotentiaries, they
would all be disposed to agree to it, if
the Danish Government should con-
sider it possible to give to it its adhe-
sion.

M. DE QUAADE answers that he
finds himself, naturally, without spe-
cial instructions on the subject, and
that he can not consent to take it even
ad referendum. He recalls his decla-
ration of June 2, in which he has said
that his Government would make
great sacrifices to arrive at the re-
establishment of peace, but that there
were limits which he could not pass;
and the instructions with which he is
provided forbid his consent to any
other line than that proposed by the
English Plenipotentiaries in the ses-
sion of May 28, and accepted by Den-
mark.

M. DE KRIEGER, while joining in
the answer of M. de Quaade, refers
to the discussion which has taken
place, at the last session, on the sub-
ject of the proposition of Count von
Bernstorff to consult the populations

È

932

vig, et surtout á ce qui a été dit à cet
égard par M. le Baron de Brunnow.

Toutes les combinaisons mises en
avant pour arriver à un accord sur le
tracé de la frontiere ayant été mal-
heureusement écartées, le Prince de la
Tour d'Auvergne a cru devoir sou-
mettre á la Conférence une nouvelle
suggestion. . . .

Lorp RUSSELL, en demandant
l'opinion de MM. les Plénipotentiaires
Danois sur cette proposition, a dit que
quant aux Plénipotentiaires Anglais,
ils seraient tout disposés à s'y rallier,
si le Gouvernement Danois croyait
pouvoir y donner son adhésion.

M. DE QUAADE a répondu qu'il se
trouvait naturellement sans instruc-
tions à ce sujet, et qu’il ne saurait
consentir à la prendre même ad refe-
rendum. Il a rappelé sa déclaration
du 2 Juin, dans laquelle il a dit que
son Gouvernement ferait de grands
sacrifices pour arriver au rétablisse-
ment de la paix, mais qu'il y avait des
limites qu'il ne pouvait dépasser; et
les instructions dont il est muni lui
défendent de consentir à aucune autre
ligne qu’à celle proposée par MM. les
Plénipotentiaires Anglais dans la
séance du 28 Mai, et acceptée par le
Danemark. |

DOCUMENTS

of Schleswig, and above all to what
was said on the subject by Baron de
Brunnow.

SUMMARY OF THE DELIBERATIONS OF THE CONFERENCE OF LONDON ?

All the combinations proposed in
order to arrive at an agreement as to
the drawing of the frontier having un-
happily been discarded, Prince de la
Tour d'Auvergne has believed it his
duty to submit to the Conference a
new suggestion. . . .

Lorp RUSSELL, on asking the opin-
ion of the Danish Commissioners on
this proposition, said that as to the
English Plenipotentiaries, they would
all be disposed to give their support
to it, if the Danish Government felt
it could give its adhesion.

M. pE QUAADE answered that he
found himself, naturally without in-
structions on this subject, and that he
could not consent to take it even ad
referendum. He recalled his declara-
tion of June 25 in which he said that
his Government would make great
sacrifices to arrive at a restoration of
peace, but that there were limits which
he could not pass; and the instructions
with which he is provided forbid him
to consent to any other line than that
proposed by the English Plenipoten-
tiaries at the session of May 28, and
accepted by Denmark.

1 Annex to Protocol No. 12, July 25. Brit. St. Pap., vol. 54, p. 305. For the first part of

the Summary, see p. 886.

THE SCHLESWIG QUESTION, 1848

Cette déclaration a terminé le débat.
Elle a indiqué en même temps l’ob-
stacle que les efforts les plus persévé-
rants des Puissances neutres n'ont pas
été à même de surmonter.

C'est devant cette difficulté invin-
cible que les travaux de la Conférence
de Londres viennent de s'arrêter.

933

This declaration ended the debate.
It indicated, at the same time, the ob-
stacle which the most persevering ef-
forts of the neutral Powers have not
been able to surmount.

It is in face of this insuperable dif-
ficulty that the labors of the Confer-
ence of London have just come to an
end.

Treaty of Peace Between Austria and Prussia on the One Part and Denmark

on the Other Part.‘

Au nom de la très-sainte et indivi-
sible Trinité.

S. M. le Roi de Prusse, S. M. ’Em-
pereur d'Autriche et S. M. le Roi de
Danemark ont résolu de convertir les
préliminaires signés le 1” août dernier
en traité de paix définitif. A cet ef-
fet, Leurs Majestés ont nommé pour
leurs plénipotentiaires, savoir :

. + + + Lesquels se sont réunis en
conférence à Vienne, et après avoir
échangé leurs pleins pouvoirs trouvés
en bonne et due forme, sont convenus
des articles suivants :

ART. 1”. Il’y aura à l'avenir paix
et amitié entre LL. MM. le Roi de
Prusse et l'Empereur d'Autriche et
S.M. le Roi de Danemark, ainsi
qu'entre leurs héritiers et successeurs,
leurs Etats et sujets respectifs à per-
pétuité.

ART. 2. Tous les traités et con-

Signed at Vienna, October 30, 1864 ?

In the name of the Most Holy and
Indivisible Trinity.

His Majesty the King of Prussia,
His Majesty the Emperor of Austria,
and His Majesty the King of Den-
mark have resolved to convert the pre-
liminaries signed on the first of Au-
gust last, into a final treaty of peace.
For this purpose, their Majesties have
named as their plenipotentiaries, that
is to say:

[Here follow the names of plenipo-
tentiaries] Who have met in confer-
ence at Vienna, and having exchanged
their full powers, found in good and
due form, have agreed to the follow-
ing articles:

ART. 1. There shall be Peace and
Friendship between Their Majesties
the King of Prussia and the Emperor
of Austria and His Majesty the King
of Denmark, as well as between their
heirs and successors, their respective
states and subjects, forever.

ART. 2. All the Treaties and Con-

1 Martens, N. R. G., vol. 17, pt. 2, p. 474. Brit. St. Pap., vol. 54, p. 522.
2 Ratifications exchanged November 16, 1864.

La

934

ventions conclus avant la guerre entre
les hautes parties contractantes sont
établis dans leur vigeur en tant qu'ils
ne se trouvent pas abrogés ou modifiés
par la teneur du présent traité.

ART. 3 S. M. le Roi de Dane-
mark renonce à tous ses droits sur les
duchés de Slesvig-Holstein et Lauen-
bourg en faveur de LL. MM. le Roi
de Prusse et l’Empereur d’Autriche,
en s'engageant à reconnaître les dis-
positions que Leurs dites Majestés
prendront a l'égard de ces duchés.

Art. 19. Les sujets domiciliés sur
les territoires cédés par le présent
Traité jouiront pendant l’espace de 6
ans à partir du jour de l’échange des
ratificabions et moyennant une déclara-
tion préalable à l'autorité compétente
de la faculté pleine et entière d'expor-
ter leurs biens-meubles en franchise
de droits et de se retirer avec leurs
familles dans les Etats de Sa Majesté
Danoise, auquel cas la qualité de su-
Jets Danois leur sera maintenue. Ils
seront libres de conserver leurs im-
meubles situés sur les territoires cédés.

La méme faculté est accordée réci-
proquement aux sujets Danois et aux
individus originaires des territoires
cédés et établis dans les Etats de Sa
Majesté le Roi de Danemarc.

Les sujets qui profiteront des pré-
sentes dispositions ne pourront du
fait de leur option, étre inquiétés de
part ni d'autre dans leurs personnes

DOCUMENTS

ventions, concluded before the war
between the High Contracting Par-
ties, are restored to force in so far as
they are not abrogated or modified by
the purport of the present treaty.

ART. 3. His Majesty the King of
Denmark renounces all his rights over
the Duchies of Schleswig-Holstein
and Lauenbourg in favor of their
Majesties the King of Prussia and
the Emperor of Austria, undertaking
to recognize the dispositions which
their Majesties shall make with regard
to those Duchies.

Art. 19. The subjects domiciled
in the territories ceded by the present
treaty shall enjoy during the period of
6 years, beginning from the date of
the’ exchange of ratifications and by
means of a previous declaration be-
fore the proper authority, the full and
complete right to export their per-
sonal property to which they have full
title, and to withdraw with their fam-
ilies into the States of His Danish
Majesty, in which case their status as
Danish subjects shall be maintained.
They shall be free to preserve their
real property situated within the ceded
territory. - .

The same provision is similarly ac-
corded to the Danish subjects and to
those born in the ceded territories and '
established in the State of His Maj-
esty the King of Denmark.

The subjects who shall profit by the
present disposition shall not, on ac-
count of the fact of option, be mo-
lested on the one part or the other as

THE SCHLESWIG QUESTION, 1848

ou dans leurs propriétés situées dans
les Etats respectifs.

Le délai susdit de 6 ans s'applique
aussi aux sujets originaires soit du
Royaume de Danemarc, soit des ter-
ritoires cédés qui, à l’époque ‘de
l'échange des ratifications du présent
Traité, se trouveront hors du terri-
toire du Royaume de Danemarc ou
des Duchés. Leur déclaration pourra
être reçu par la mission Danoise la
plus voisine, ou par l'autorité supé-
rieure d'une province quelconque du
Royaume ou des Duchés.

Le droit d'indigénat tant dans le
Royaume de Danemarc que dans les
Duchés, est conservé à tous les indi-
vidus qui le possèdent à l’époque de
l'échange des ratifications du présent
Traité.

ART. 24. Le présent traité sera
ratifié et les ratifications en seront
échangées à Vienne dans l’espace de
trois semaines ou plus tôt si faire se
peut. En foi de quoi les plénipoten-
tiaires respectifs l’ont signé et y ont
apposé le sceau de leurs armes.

Fait à Vienne, le trentième jour du
mois d'octobre de l'an de gráce mil
huit cent soixante-quatre.

Treaty of Peace Between Prussia and Austria.

935

to their persons or their property situ-
ated within the respective States.

The period of 6 years applies also
to the native subjects either of the
Kingdom of Denmark or of the ceded
territories, who, at the time of the
exchange of ratifications of the pres-
ent treaty, may be outside the terri-
tory of the Kingdom of Denmark or
the Duchies. Their declaration may
be received by the nearest Danish Le-
gation or by the supreme authority of
the province, whether of the Kingdom
or of the Duchies.

The rights of natives in the King-
dom of Denmark as well as in the
Duchies are preserved to all individ-
uals who are in possession thereof at
the time of exchange of ratifications
of the present Treaty.

ART. 24. The present treaty shall
be ratified and the ratifications shall
be exchanged at Vienna within the
period of three weeks, or sooner 1f
possible. In witness whereof the re-
spective plenipotentiaries have signed
it and have affixed the seal of their
arms.

Done at Vienna on the 30th day of
the month of October in the year of
grace 1864.

[Here follow signatures. ]

Signed at Prague, August 23,

1866 *

Im Namen der Allerheiligsten und
Untheilbaren Dreieinigkeit!

In the name of the Most Holy and
Indivisible Trinity.

1 Martens, N. R. G., vol. 18, p. 344. Translation from British and Foreign State Papers,

936

Seine Majestät der König von
Preussen und Seine Majestät der
Kaiser von Oesterreich, beseelt von
dem Wunsche, Ihren Lindern die
Wohlthaten des Friedens wiederzuge-
ben, haben beschlossen, die zu Nikols-
burg am 26. Juli 1866 unterzeichneten
Práliminarien in einen definitiven
Friedens-Vertrag umzugestalten.

Zu diesem Ende haben Ihre Majes-
táten zu ihren Bevollmächtigten er-
nannt und zwar:

welche in Prag zu einer Conferenz
zusammengetreten sind und, nach
Auswechselung ihrer in guter und
richtiger Form befundenen Vollma-
chten iber nachstehende Artikel sich
vereinigt haben.

ARTIKEL V. Seine Majestät der
Kaiser von Oesterreich überträgt auf
Seine Majestát den Kônig von Preus-
sen alle Seine im Wiener Frieden vom
30. Oktober 1864 erworbenen Rechte
auf die Herzogthümer Holstein und
Schleswig mit der Maassgabe, dass
die Bevolkerungen der nördlichen Dis-
trikte von Schleswig, wenn sie durch
freie Abstimmung den Wunsch zu
erkennen geben, mit Dánemark ver-
einigt za werden, an Dánemark abge-
treten werden sollen.

ARTIKEL XIV. Die Ratifikationen
des gegenwartigen Vertrages sollen zu

DOCUMENTS

His Majesty the Emperor of Aus-
tria and His Majesty the King of
Prussia, animated with the desire of
restoring to their countries the bene-
fits of peace, have determined to con-
vert the preliminaries signed at
Nikolsburg, on the 26th day of July,
1866, into a definitive Treaty of
Peace, and for that purpose their
Majesties have appointed as their
Plenipotentiaries, that is to say:

[ Here follow the names of plenipo-
potentiaries. ]

Who met together in Conference at
Prague, and, after exchanging their
full powers, which were found in
good and proper form, agreed upon
the following Articles:

V. His Majesty the Emperor of
Austria transfers to His Majesty the
King of Prussia all the rights which
he acquired by the Vienna Treaty of
Peace of 30th October, 1864, over
the Duchies of Holstein and Schles-
wig, with the condition that the popu-
lations of the northern districts of
Schleswig shall be ceded to Denmark
if, by a free vote, they express a wish
to be united to Denmark.

XIV. The ratifications of the pres-
ent Treaty shall be exchanged ar

vol. 56, p. 1050. (It will be observed that the translation is of the Austrian copy of tne
treaty.) Ratifications exchanged at Prague, August 30, 1866.

THE SCHLESWIG QUESTION, 1848

Prag binnen einer Frist von acht
Tagen, oder, wenn möglich, früher
ausgewechselt werden.

Urkund dessen haben die betreffen-
den Bevollmächtigen gegenwärtigen
Vertrag unterzeichnet und mit dem
Insiegel ihrer Wappen versehen.

So geschehen in Prag, am 23.
Tage des Monats August im Jahre
des Heils Achtzehn Hundert sechzig
und sechs.

WERTHER,
BRENNER.

937

Prague within the space of 8 days, or
sooner if possible.

In witness whereof the respective
Plenipotentiaries have signed the pres-
ent Treaty and have affıxed to it the
seals of their arms.

Done at Prague, on the 23rd day
of the month of August, in the year
of salvation, 1866.

(L. S.) WERTHER.
(L. S.) BRENNER.

Prussian Note to Denmark Concerning a Plebiscite in North Schleswig.
June 30, 1867 !

(The Prussian Minister von Heydebrand and von der Lasa to the Danish
Minister of Foreign Affairs, von Frijs.)

Kopenhagen, 18. Juni 1867.

Der Unterzeichnete hat wiederholt
die Ehre gehabt in vertraulicher
Unterredung die Aufmerksamkeit des
königl. dänischen Hrn. Conseil-Präsi-
denten auf die Fragen zu lenken
welche sich an die Ausführung des
Art. V. des zwischen Preussen und
Oesterreich am 30. August 1866 zu
Prag abgeschlossenen Friedens knüp-
fen. Er hat dabei den Wunsch seiner
Regierung auszudrücken gehabt sich
mit dem königl. dänischen Gouverne-
ment in freundschaftlicher Weise
über gewisse Vorfragen zu verstän-
digen welche die nothwendige Voraus-
setzung der Abtretung eines Theils
des Herzogthums Schleswig bildeten,
und er hat als diese Vorfragen die

Copenhagen, June 18, 1867.

The undersigned has several times
had the honor in a confidential inter-
view of calling the attention of the
President of the Danish cabinet to
questions connected with the execu-
tion of Article 5 of the treaty con-
cluded at Prague on August 30, 1866,
between Prussia and Austria. The
undersigned has expressed the desire
of his Government to come to an ami-
able understanding with the Danish
Government on certain preliminary
questions which formed the necessary
premise to the cession of a part of the
Duchy of Schleswig, and indicated
that these preliminary questions were
the guarantees indispensable for se-
curing the protection of German na-

1 Allgemeine Zeitung, Augsburg, June 30, 1867.

938

nóthigen Garantien für den Schutz
der in jenem Territorium wohnenden
Deutschen und die Uebernahme eines
verhältnissmässigen Antheils an der
Schuldenlast der Herzogthümer be-
zeichnet. Der Hr. Conseil-präsident
hat auch die Bereitwilligkeit ausge-
sprochen úber diese Punkte in Ver-
handlungen zu treten, und die Regie-
rung Sr. Maj. des Königs, des aller-
gnidigsten Herrn des Unterzeichne-
ten, durfte sich der Erwartung hinge-
ben dass der königl. dänische Ge-
sandte in Berlin in den Stand gesetz
werden würde die Absichten seiner
Regierung in beiden Beziehungen
kund zu geben. Zu ihrem lebhaftes-
ten Bedauern hat sie in der neuesten
Erôffnung des letzteren, in einer ver-
traulich mitgetheilten Depesche des
Hrn. Ministers von Frijs an Hrn. v.
Quaade vom 1. d. M., anstatt der ge-
hofften bestimmteren Erklärungeñ nur
den Hinweis auf die bestehenden Ge-
setze und Verträge gefunden, welche
der Hr. Minister fúr so vollkommen
ausreichend halt, dass jede weitere
Garantie úberflússig und sogar be-
denklich sein wúrde. Die Regierung
des g. ergebenst unterzeichneten
glaubt in dieser vorläufigen Aeusser-
ung nicht die definitive Auffassung der
koniglich danischen Regierung erken-
nen zu sollen. Die letztere wird sich
bei näherer Erwagung die Eigenthüm-
liche Natur der Verháltnisse nicht ver-
hehlen kónnen, welche es für die
Preussische Regierung unmöglich ma-
chen unter den besonderen Umstän-
den in jenen Landstrichen sich mit
dem Hinweis auf die Gesetze und den

DOCUMENTS

tionals residing in that territory, and
the assumption of a proportional part
of the debt of the Duchies. The
President of the council declared him-
self ready to enter into negotiations
on those points, and the Government
of the King, the gracious Sovereign
of the undersigned, had a right to
expect that the Danish Minister at
Berlin would soon be in a position
to communicate the views of his Gov-
ernment on the two points above-
mentioned. The Prussian Govern-
ment, to its great regret, has found in
the most recent communication of the
latter, consisting of a dispatch of
June 1 confidentially communicated
by the Minister de Frijs to M. de
Quaade, instead of the more precise
declarations which it had expeoted,
only a reference to existing laws and
treaties, which the Minister consid-
ered as amply sufficient; so much so,
that he would regard any more ex-
tensive guarantee as superfluous and
even dangerous. The Government
of the undersigned does not believe
that 1t should consider this declaration
as the definitive expression of the po-
sition of the Danish Government. A
more profound examination of the
question can not fail to make mani-
fest, in the eyes of the Danish Gov-
ernment, that the special nature of the
circumstances forbid the Prussian
Government, under the peculiar con-
ditions existing in those regions, to
content itself with a simple reference
to existing laws and vague assurances
of the uncontested favor which the
Danish Government would eventually

THE SCHLESWIG QUESTION, 1848

allgemeinen Zusicherungen eines nicht
bezweifelten Wohlwollens der kongl.
dánischen Regierung gegen alle ihre
eventuellen Unterthanen zu begnúgen.
Sie wird es natúrlich finden dass, wenn
Se. Maj. der König sich bereit erklärte
etwaige auf eine Wiedervereinigung
mit Dänemark gerichtete Wünsche
nordschleswigischer Unterthanen in
Erfüllung gehen zu lassen, die
Wünsche und die Bedürfnisse seiner
deutschen Unterthanen in jenen Ter-
ritorien für ihn keine geringere Be-
deutung haben. Deutsche Gemeinden
wider ihren Willen und mit dem Ver-
luste jedes Rechts auf ihre nationalen
Eigenthümlichkeiten an ein fremdes
Land abzutreten, und sie Gefahren
preis zugeben deren Befürchtung in
Erinnerung an die Vergangenheit
unter ihnen selbst laut genug hervor-
tritt, hat der Prager Friedensvertrag
Preussen nicht verpflichtet. Die
Königliche Regierung hat eben durch
jenen Artikel des Friedensvertrags ge-
zeigt dass sie auf die Wünsche und
auf die Nationalität der Bevölkerung
nach Möglichkeit Rücksicht nehmen
will; sie ist aber dabei verpflichtet
diese Rücksicht vor allem den eigenen
Landsleuten gegenüber nicht ausser
Augen zu setzen, und sie darf nicht
vergessen dass die Ursachen der Stö-
rung des in früheren Zeiten bestan-
denen guten Einvernehmens haupt-
sächlich in dem Umstand lagen dass
die Regierung Sr. Maj. des Königs
von Dänemark nach der Umgestaltung
der älteren Verfassung der Monar-
chie nicht mehr im Stande war den
deutschen Unterthanen der dänischen

939

show to its future subjects.. The
Cabinet of Copenhagen will find it
quite natural that if the King of
Prussia should declare himself dis-
posed to permit the accomplishment of
a wish to return to Denmark possibly
manifested amongst the subjects of
Northern Schleswig, the desires and
wants of his own German subjects in
those territories have not less impor-
tance in his eyes. To abandon Ger-
man communities to a foreign power,
against their will and with the loss of
every right to their national culture,
and to deliver them up to dangers the
fear of which is very clearly mani-
fested amongst them, when they re-
member what has taken place, that is
a measure to which Prussia is not
pledged by the Treaty of Prague.
By Art. 5 of that document, the
King's Government has formally de-
clared its intention, within the limits
of possibility, to take under consid-
eration the wishes and the nationality
of the population; but it is the duty
of this Government above all not to
fail in such consideration towards its
own fellow countrymen, and it must
not forget that the chief causes of the
dispute which so lately changed the
good relations existing between the
two Governments was the fact that
the Danish Government found it im-
possible, after the remodelling of the
old constitution of the monarchy, to
grant to the German subjects of the
Danish Crown the protection of their
nationality and language, which they
formerly enjoyed. At the present
day the Government of the King, the

940

Krone den selben Schutz ihrer Na-
tionalitàt und Sprache zu gewáhren,
dessen dieselben sich ehemals erfreut
hatten. Die Regierung Sr. Maj. des
Königs, des a. H. des Unterzeichne-
ten, wúrde unter der Nachwirkung der
Ereignisse und Kämpfe der letzten
Jahre mehr als früher befürchten
mússen dass die Klagen deutscher
Einwohner Schleswigs, welche in
Deutschland ihren natürlichen Wie-
derhall fanden, berechtigten Anlass
zu ihrer Wiederholung fánden, wenn
deutsche Gemeinden im . Norden
Schleswigs ohne Verfassung-Búrg-
schaften der Botmässigkeit einer
Regierung unterstellt würden welche,
bei dem besten Willen ihren deutschen
Unterthanen gerecht zu werden doch
vor allem dem verfassungsmássigen
Ausdruck der Stimmung einer
national-danischen Volksvertretung
Rechnung zu tragen hat. Die Re-
gierung Sr. Maj. des Königs von
Dänemark wird ohne Zweifel die
Ueberzeugung des Unterzeichneten
theilen dass es zur Sicherstellung der
von beiden Seiten erstrebten freund-
schaftlichen Beziehungen zwischen
Deutschland und Dänemark rathsam
ist nicht von neuem die Keime ähn-
licher Zerwürfnisse zu legen, wie es
diejenigen waren welche früher den
Frieden beider Länder und dadurch
den Europas gefährdeten. Der Un-

terzeichnete ist daher von seiner Re-

gierung beauftragt worden an den
Hrn. Conseil-Präsidenten amtlich die
Anfrage zu richten: ob die Königliche
dänische Regierung sich im Stande
glaube Einrichtungen zu treffen und

DOCUMENTS

August Master of the undersigned,
in the face of the after effects of the
events and struggles of the last years,
would have more. than ever to ap-
prehend that the complaints of the
German inhabitants of Schleswig,
which have found their natural echo
in Germany, would find opportunity,
but too well justified, for breaking out
afresh if the German communities of
North Schleswig were made subject,
without the security of a Constitution,
to a government which, though they
wished to do the most justice to the
desires of their German subjects, nev-

ertheless has to make allowances for

the constitutional expression of the
temper of a national Danish assembly.
The Government of His Majesty, the
King of Denmark, will without doubt
share the conviction of the under-
signed that it is advisable for the se-
curity of the friendly relations be-
tween Denmark and Germany, longed
for by both sides, not te sow the seed
of similar disagreements such as those
which previously endangered the
peace of both countries and, through
them, of Europe. The undersigned
is therefore empowered by his Gov-
ernment to ask officially of the Presi-
dent of the Danish Council, whether
the royal Danish Government believes
itself to be in the position to make
adjustments and guarantees which
will provide for the protection and
security of the national culture of the
German nationals living, singly or in
parishes, in the territories the cession
of which is in question, and of what
nature would be these guarantees in

TIE SCHLESWIG QUESTION, 1848

. Massregeln in Aussicht zu stellen
welche für den Schutz und die Siche-
rung der nationalen Eigenthümlich-

“keit der in den etwa abgetretenen Ge-

bietsteilen einzeln oder in Gemeinden
wohnenden Deutschen bestimmte
"Bürgschaften geben, und welcher Art
in individueller, localer und com-
munaler Beziehung diese Garantien
sein würden, oder ob sie eine solche
Berücksichtigung und Erhaltung der
nationalen Eigenthümlichkeit künfti-
‘ger deutschen Unterthanen für un-
möglich erachtet, oder wenigstens
darüber im voraus bestimmter Weise
sich zu erklären, definitiv ablehnt?
Es bedarf nicht erst der Bemerkung
‚dass von der Beantwortung dieser
‘Fragen der Umfang der beabsichtig-
ten Abstimmung, resp. Abtretung, ab-
hängig ist; und jemehr die könig-
liche Regierung wünscht durch den
Abschluss dieser Angelegenheit so-
:wohl der Stimmung der Bevölkerung
-Rechnung zu tragen, als auch der
‘königlich dänischen Regierung einen
Beweis ihrer freundschaftlichen Ge-
sinnungen zu geben, um so mehr muss
sie auch erwarten dass die letztere
durch ein entsprechendes Entgegen-
kommen ihr die Beschleunigung mög-
lich machen werde. Zugleich mit

diesem Gegenstand darf der ganz -

ergebenst Unterzeichnete sich auch
über den zweiten, bereits in den ver-
traulichen Unterredungen von ihm
berührten Punkt, nämlich die Bereit-
willigkeit zur Uebernahme eines pro-
portionirten Theiles der Schuld der
Herzogthümer, eine bestimmte Aeus-
serung erbitten. Er benützt zugleich
diesen Anlass, u. s. w.

941

respect to individual, local or com-

munity relations. Or, whether the
Danish Government considers that
such regard for and maintenance of
the national culture of its future Ger-
man subjects is impossible, or at least
categorically refuses to declare itself
definitely about this subject in ad-
vance. It is not necessary to remark
that on the answer to this question de-
pends the extent of this intended ple-
biscite and the cession; and the more
the royal Government wishes through
the conclusion of this discussion to
take into consideration the wishes of
the people, as well as to give the royal
Danish Government a guarantee of
her friendly spirit, the more she must
expect that the Danish Government,
through a corresponding response, will
make it possible for her to hasten the
matter. At the same time the under-

signed begs to ask also for a definite

solution of the second point, already
touched on by him in confidential con-
versations, namely, the readiness to
take over a proportional part of the
debt of the Duchies. He makes use
of this occasion, etc.,

942

DOCUMENTS

Treaty Between Austria-Hungary and Germany, Modifying Article V of the

Treaty of Prague.

Nachdem die in Artikel V. des
zwischen Sr. Majestàt dem Deutschen
Kaiser und Kónig von Preussen und
Sr. Majestát dem Kaiser von Oester-
reich, König von Böhmen und aposto-
lischen König von Ungarn am 23.
August 1866 zu Prag abgeschlossenen
Friedens enthaltenen Bestimmungen
in Betreff der Modalität einer Retro-
cession der nördlichen Distrikte
Schleswigs an Dänemark zur vertrags-
mässigen Durchführung nicht gelangt
sind;

nachdem Se. Majestät der
Deutsche Kaiser und König von
Preussen den Werth zu erkennen ge-
geben hat, welchen Er auf die Beseiti-
gung dieser Modalität des Friedens
legen würde;

andererseits Se. Majestät der
Kaiser von Oesterreich und König
_von Ungarn die Schwierigkeiten wür-
digt, welche sich der Durchführung
des in jenem Artikel niedergeleten
Prinzipes entgegenstellen ;

nachdem endlich Se. Majestät der
Kaiser von Oesterreich und König
von Ungarn einen Beweis Seines
Wunsches zu geben gewillt ist, die
zwischen den beiden Mächten beste-
henden freundschaftlichen Bande
noch enger zu schliessen:

so haben die Hohen Kontrahenten
übereinstimmend für nothwendig er-
kannt, eine Revision des oben bezeich-
neten Artikels eintreten zu lassen.

1 Martens, N. R. G., 2d series, vol. 3, p. 529.
Translation from Brit. St. Pap., vol. 69, p. 773.

Signed October 11, 1878 *

The provisions contained in Article
V of the Peace concluded at Prague
on the 23d of August, 1866, between
His Majesty the German Emperor and
King of Prussia and His Majesty the
Emperor of Austria, King of Bo-
hemia, and Apostolic King oí Hun-
gary, concerning the manner of eftect-
ing a retrocession of the northern dis-
tricts of Schleswig to Denmark, not
having been yet carried out according
to the terms of the Treaty;

His Majesty the German Emperor,
King of Prussia having made known
the value which he would attach to the
removal of this form of the Peace;

His Majesty the Emperor of Aus-
tria and King of Hungary having on
the other side recognized the difficul-
ties which present themselves to the
carrying out the principles laid down
in that Article;

His Majesty the Emperor of Aus-
tria and King of Hungary having
finally been graciously pleased to give
a proof of his wish to tighten still
more the bonds of friendship which
exist between the two Powers;

The High Contracting Parties have
unanimously recognized the necessity
of allowing a revision of the above-
named Article to take place;

From the Reichsanseiger of February 4, 1879.

THE SCHLESWIG QUESTION, 1848

Se. Majestàt der deutsche Kaiser
und Kónig von Preussen und Se.
Majestàt der Kaiser von Oesterreich
und König von Ungarn haben zu
diesem Zwecke zu Ihren Vertretern
ernannt:

Se. Majestät der Deutsche Kaiser
und König von Preussen den Prinzen
Heinrich VII. Reuss, Allerhöchst
Ihren Botschafter und General-Ad-
jutanten etc.

Se. Majestát der Kaiser von Oes-
terreich und König von Ungarn: -

den Grafen Julius Andrassy von
Czik-Szent-Kiraly und Kraszna-
Horka, Allerhöchst Ihren Minister des
kaiserlichen Hauses und des Aeussern
etc.,

welche nach Vorlegung ihrer ın.

guter und richtiger Form befundenen
Vollmachten über nachstehende Ar-
tikel sich vereiniget haben.

ARTIKEL I. Die in dem zwischen
Sr. Majestät dem König von Preussen
und Sr. Majestät dem Kaiser von
Oesterreich, König von Böhmen und
Apostolischen König von Ungarn, am
23. August 1866 zu Prag abgeschlos-
senen Friedensvertrage niedergelegte
Vereinbarung, wonach der Uebertra-
gung der Sr. Majestät dem Kaiser von
Oesterreich durch den Wiener Fried-
ensvertrag vom 30. Oktober 1864 er-
worbenen Rechte auf die Herzog-
thümer Holstein und Schleswig an Se.
Majestät den König von Preussen eine
Modalität hinzugefügt ist, wird hie-
durch aufgehoben, so dass die Worte
im Art. V des genannten Vertrages
vom 23. August 1866:

“mit der Massgabe, dass die Be-

943

His Majesty the German Emperor
and King of Prussia and His Majesty
the Emperor of Austria and King of
Hungary have appointed as their Rep-
resentatives for this purpose:

For His Majesty the German Em-
peror and King of Prussia, the Prince
Henry VII of Reuss, His Majesty’s
Ambassador and General-Adjutant;

For His Majesty the Emperor of
Austria and King of Hungary, the

‚Count Julius Andrassy of Csik-Szent-

Király and Kraszna-Horka, His Maj-
estys Minister for the Imperial
Household and for Foreign Affairs;

Who, having duly exhibited their
full powers in proper form, have
agreed to the following Articles: —

Art. I. The Union laid down in
the Peace concluded at Prague be-
tween his Majesty the Emperor of
Germany, King of Prussia, and his
Majesty the Emperor of Austria,
King of Bohemia and King of Hun-
gary, on the 23rd of August, 1866, by
which a form is added to the transfer
to His Majesty the King of Prussia of
the rights of his Majesty the Emperor
of Austria over the Duchies of Hol-
stein and Schleswig acquired by the
Vienna Treaty of Peace of October
30, 1864, 1s hereby cancelled, so that
the words in Article V of the above-
named Treaty of the 23rd August,
1876: —“ With the condition that the
population of the northern districts of
Schleswig shall be ceded to Denmark

944

volkerungen der nordlichen Dis-
trikte von Schleswig, wenn sie
durch freie Abstimmung den
Wunsch zu erkennen geben, mit
Dänemark vereinigt zu werden, an
Dänemark abgetreten werden sol-
len.”
ausser Gúltigkeit gesetzt werden.
ARTIKEL II. Die Ratifikationen
des gegenwartigen Vertrages sollen zu
Wien binnen einer Frist von drei
Monaten oder wenn môglich früher
ausgewechselt werden.
- Zu Urkund dessen haben die Bevoll-
.machtigten gegenwärtigen Vertrag
unterzeichnet und mit dem Insiegel
ihrer Wappen versehen.
Seigeschehen in Wien, am 11. Okto-
ber 1878. Ä
H. VII. Reuss,
ANDRASSY.

DOCUMENTS

if by a free vote they express a wish
to be united to Denmark,” shall be :
annulled.

II. The ratifications of the present

Treaty shall be exchanged at Vienna
within a period of three months, or
sooner if possible.
In witness whereof the Plenipoten-
tiaries have signed the present treaty,
and sealed it with the seal of their
arms.

Done at Vienna on the 11th Octo-
ber, 1878.

H. VII Reuss.
ANDRASSY.

THE ISLANDS OF ST. THOMAS AND ST. JOHN, WEST INDIES,
1868

Extracts from Correspondence Concerning the Proposed Cession of the Islands
of St. Thomas and St. John by Denmark to the United States, July 17,
1866-October 24, 1867 *

MR. SEWARD TO MR. RAASLOFF

(Confidential)
Department of State,
Washington, July 17, 1866.

Sir: I have the honor to propose to you that the United States will nego-
tiate with the King of Denmark for the purchase of the Danish islands in the
West Indies, namely, St. Thomas and the adjacent islets, Santa Cruz and
St. John. o

The United States would be willing to pay for the same five millions of
dollars in gold, payable in this country. Negotiation to be by treaty, which,
vou will of course understand, will require the constitutional ratification of
the Senate.

Insomuch as you propose to visit Copenhagen, the United States minister
at that place will be instructed to converse with you or with your Government
on the subject; but should your Government conclude to negotiate, the pro-
ceeding. will be expected. to be conducted here and not elsewhere.

Accept, sir, the renewed assurance of my high consideration.

WiLLIam H. SEWARD.

His Excellency, General Raasloff, etc.

MR. YEAMAN TO MR. SEWARD
(Confidential)
Legation of the United States,

No. 67.) Copenhagen, May 17, 1867.

Sir: This morning I received a note from General Raasloff, informing
me that Count Frijs desired to see me this evening. At the appointed time
I was received by the count at his house, General Raasloff being present.

1 United States, Compilation of Reports of Senate Committee on Foreign Relations, 1789-
1901 (Senate Document No. 231, pt. 8, 56th Congress, 2d session), vol. 8, pp. 162-198.

946 DOCUMENTS

The object of the interview was to acquaint me with the conclusions of the
Danish Government upon the subject of your confidential proposition to Gen-
eral Raasloff of July last.

The count informed me that your offer had been promptly communicated to
the Danish Government, and had been repeatedly and duly considered; that
the Government had uniformly been, and were still, of the opinion that the
terms offered could not be accepted; and that the Government had concluded
to comply with what they supposed to be your desire, that they should make a
counter proposition. He said they would cede the group of three islands to
the United States for $15,000,000 ; or, in the alternative, the two islands of
St. Thomas and St. John for $10,000,000, and Santa Cruz for $5,000,000,
with the option of taking the two former and rejecting the latter; that as to
Santa Cruz, the Government could not sell without the consent of France;
and he was of the opinion that if there was any difficulty on that point, so that
it could not be ceded to the United States, it would not be sold to France but
be kept by Denmark; that the ratification by the Rigsdag of such a cession
is constitutionally necessary ; and, after that, the Danish Government will re-
quire that the consent of the people of the islands shall be had.

I am, sir, very respectfully, your obedient servant,
Gro. H. YEAMAN.
Hon. Wm. H. Seward,
Secretary of State, Washington.

MR. SEWARD TO MR. YEAMAN

No. 38.) Department of State,
Washington, May 27, 1867.

Sir: By the telegram in cipher of this Department of the 23d instant,
which Mr. Adams was directed to forward to you in writing from London,
you were informed of the terms and conditions upon which the United States
would accept a cession of the Danish West India Islands. If by the time
that this instruction shall reach you the Danish Government shall be prepared
to accept those terms and conditions, the accompanying full power will enable
you to enter upon and conclude the negotiations of a convention upon the
subject. A draft of a convention is also transmitted. It is expected that in
the instrument as ultimately signed there will be no material variation from
this draft.

The cession must include all the islands owned by Denmark in the quarter
referred to. The sum to be paid therefor by the United States must not
exceed $7,500,000 in gold.

ST. THOMAS AND ST. JOHN, 1868 947

The convention must be signed and ratified on behalf of Denmark on or
before the 4th of August next. These terms and conditions are indispensable.
If they should be refused by Denmark you will declare the negotiation at
an end.

It is not believed that the consent of the people of the islands is necessary.
You will notice that provision is made in the draft for the withdrawal of any
of the inhabitants of the islands. If they choose to remain there they may
either become citizens of the United States, or, if they should prefer not to
forswear their natural allegiance, they may stay and will enjoy that protection
which is by treaty stipulated in behalf of Danish subjects elsewhere in the
United States and which they might also claim pursuant to public law.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.
George H. Yeaman, Esq., etc., Copenhagen.

DRAFT OF THE TREATY ACCOMPANYING THE ABOVE

The United States oí America and His Majesty the King of Denmark,
being desirous of confirming the good understanding which exists between
them, have for that purpose appointed as plenipotentiaries the President of
the United States, George H. Yeaman, accredited as their. minister resident
to his said Majesty, and His Majesty the King of Denmark.

And the said plenipotentiaries having exchanged their full powers, which
are found to be in due form, have agreed upon and signed the following
articles:

ARTICLE I

His Majesty the King of Denmark agrees to cede to the United States by
this convention all the Danish West India Islands, namely, the island of St.
Thomas, the island of Santa Cruz, and the island of St. John.

ARTICLE II

In the cession of territory and dominion made by the preceding articles
are included the right of property in all public lots and squares, vacant lands,
and all public buildings, fortifications, barracks, and other edifices which are
not private individual property.

Any Government archives, papers, and documents relative to the territory
and dominion aforesaid which may be now existing there shall be left in the
possession of the agent of the United States, but an authenticated copy of
such of them as may be required will be at all times given by the United

948 DOCUMENTS

States to the Danish Government, or to such Danish officers or subjects as
may apply for them, o.
ARTICLE III

The inhabitants of the ceded territory, according to their choice, reserving
their natural allegiance, may return to Denmark within two years, but if they
should prefer to remain in the ceded territory they shall be admitted to the
enjoyment of all the rights, advantages, and immunities of citizens of the
United States, and shall be maintained and protected in the full enjoyment of
their liberty, property, and religion. . . .

MR. YEAMAN TO COUNT FRIJS !
(Confidential)

Legatton of the United States,
Copenhagen, May 28, 1867.

Sir: Calling your excellency's attention to our interview on the 17th day
of this month touching the proposal heretofore made by the Government of
the United States to the Government of His Majesty to negotiate for the ces-
sion. of the Danish West India islands, I have the honor to inform you that
on the same day I forwarded a suitable telegraphic dispatch to the Secretary
of State of the United States, advising him of the substance of the terms you
had indicated, and also on the same day forwarded to him a dispatch in writ-
ing, giving detailed account of our interview and of the proposals which you
did me the honor to authorize and request me to submit to the consideration
of my Government.

And I have now the honor to inform you that I am to-day in receipt of a
telegram advising me of the terms upon which my Government will negotiate
and that full power and instructions have been forwarded to me by mail from
Washington to enable me to carry into effect the negotiation if the proposals
meet with the approbation of His Majesty’s Government.

I therefore deem it proper and best to advise you, in advance of the recep-
tion of my formal power and instructions, of the definite terms upon which
my Government expresses its willingness to effect the negotiation.

It proposes to pay for the three islands, St. Thomas, St. John, and Santa
‘Cruz, $7,500,000 in United States gold coin; the treaty to be signed here and .
ratified by Denmark absolutely before the 4th day of August next or the
negotiation will end.

Consent is not given to await or depend upon a ratification by vote of the -
people of the islands.

1 U. S. Sen. Doc. No. 231, pt. 8, 56th Cong., 2d sess., pp. 172-73.

ST. THOMAS AND ST. JOHN, 1868 949

The treaty is to be constitutionally ratified by the President and the Senate
before next May, and the ratifications are to be exchanged at Washington.

The public property, civil and military, to be ceded with the islands, and
private property to be protected in the possession of the owner. The inhab-
itants reserve their allegiance, and have, during two years, the right of elect-
ing their nationality, those who remain after two years to be citizens of the
United States, under the Constitution and laws thereof.

The Government of the United States reserves the right to withdraw its
proposition and end the negotiation at any time before notice is received of
its ratification by Denmark.

‘I have expressed these points as fully as I am able to do from the condensed
preliminary instructions which 1 have so far received, and I deem it proper to
add that they are expressed to me in the form of final propositions. If any-
thing further and material for the consideration of His Majesty's Govern-
ment is observed in my more detailed instructions, it shall be promptly com-
municated when they are received. My present object is, to put in a definite
form, and at the earliest practicable moment, before His Majesty's Govern-
ment, the main features of agreement which my own Government proposes
shall be embraced in the treaty.

I avail myself of this occasion to offer to your excellency the renewed assur-
ances of my profound consideration.

Geo. H. YEAMAN.

His ExcELLENCY COUNT FRIJs,

Minister of Foreign Affairs and President of the Council, Copenhagen.

MR. YEAMAN TO MR. SEWARD

No. 75.) Legation of the United States,
Copenhagen, June 17, 1867.

Sir: I have the honor to inform you that, at the request and appointment
of Count Frijs, I had an interview with him yesterday upon the subject of
my confidential note to him of the 28th of May. The interview was official,
and General Raasloff was present. His Excellency proceeded to acquaint
me with the conclusion of His Majesty’s Government upon the several points
of my note, based upon your telegraphic dispatch conveying to me your in-
structions for the conduct of the negotiation.

First, he explained that the offer of seven and a half millions for the three
islands could not be accepted and was declined. At the same time he regretted
the present inability of the two Governments to agree upon the terms of the
negotiation, and expressed the willingness of his own Government further to
entertain the matter, and to consider whether a mutually satisfactory under-

950 DOCUMENTS

standing could not be arrived at, and added that the Danish Government would
accept seven and a half millions for the two islands of St. Thomas and St.
John, and half that sum for Santa Cruz, the two offers being distinct and
independent and might be accepted or rejected severally, each as an entire
proposition, and if both are accepted, the negotiations and treaties to be sep-
arate, the cession of Santa Cruz depending upon the consent of France, for
reasons heretofore explained to me and which I have conveyed to the Depart-
ment.

Next he observed that the Danish Government could not aceede to the
proposition that it must ratify absolutely before the 4th of August.

They were willing to be bound equally with the United States to exchange
ratifications within a given time, and would on their part exert themselves to
obtain a ratification here as soon as it could be conveniently done.

But for Denmark to be bound by a ratified treaty from August until May,
and the United States to be at liberty to ratify or not until May, he thought
was not equal. Ratification, he remarked, was a thing to be done by each
Government in its own time and in its own way, only being bound to exchange
ratifications within a given time.

In this connection he also observed that the reservation by the United States
of the right to withdraw the proposition at any time and end the negotiation
before notice was received that Denmark had ratified was not equal and
reciprocal unless Denmark had the same right; that every step in a negotiation
ought to be equally binding upon both parties, and further observed that in
any view it was an unusual and might be a very inconvenient position; and
put the case of a treaty duly signed by the authorized agents of the two Gov-
ernments, and that Denmark should promptly and in good faith seek to have
it ratified in the usual forms, but before it was possible to do so and give
notice the United States should withdraw and break off the negotiation. He
then reminded me in a courteous way, and in proper and delicate terms, that
Denmark had not sought to sell the islands, but that we were seeking to buy,
and distinctly affirmed that any negotiation in regard to the matter must be
conducted upon terms of perfect equality and reciprocity, and he could not
think that the terms offered were of that character.

Finally, as to the consent of the people of the islands, he expressed the con-
viction of himself and his Government that it could not be dispensed with.

He thought no difficulty or obstruction would result from it, and said there
should be no unnecessary delay in taking the sense of the people. But there
were two reasons why, upon mature reflection, the Government could not
dispense with it. The modern custom in Europe upon that subject was so
uniform as to amount almost to a rule of public law, and any departure from
it would attract marked attention and comment if not discontent. In addi-

ST. THOMAS AND ST. JOHN, 1868 951

tion to this the people and the Government of Denmark were just at this
moment intensely interested in the subject of a vote of the people of North
Schleswig, under a provision of the treaty of Prague, to determine for them-
selves their final and permanent relations with Denmark, and that though the
two cases were not similar in their facts they were similar in the importance
supposed properly to belong to an expression of their wishes by the people of
any district and country upon the question of dissolving their former political
relations and ties and assuming or passing under new ones; and that Denmark
might find it an impediment, or at least an unpleasant attitude before the
public, to alienate one province without the consent of the people, while
naturally and so justly desirous that the people of another district should
proceed to give an expression of their preferences, and while hoping for such
happy results from that expression.

I told him I would take pains to communicate the substance of his remarks
to my Government, but that now my instructions required me to announce to
him that the offer was withdrawn and the negotiation ended, which I did in:
the exact words of your instructions, and asked him to accept this verbal
declaration as having all the effect of a : »rmal note for that purpose, to which
he acceded. .

I am, sir, very respectfully, your obedient servant,

| GEORGE H. YEAMAN.
Hon. William H. Seward,
Secretary of State, Washington.

MR. YEAMAN TO MR. SEWARD

No. 81.) Legation of the United States,
Copenhagen, July 12, 1867.

Sir: On Saturday, the 6th instant, I received from Mr. Adams a note
of the 3d, inclosing me without date your telegram, as follows: “ Tell Yea-
man close with Denmark's offer. St. John, St. Thomas, eight and a half
millions; report brief, quick, by cable; send treaty ratified immediately.”

Taking the word “ eight ” as a mistake occurring somewhere in the reduc-
tion, transmission, or translation of the message, 1 immediately sought an
interview with Count Frijs and General Raasloff to accept the offer of the
islands at seven millions and a half, and communicated verbally with the
General whom 1 found first and who was just going to see the count by ap-
pointmeni. I offered to negotiate the treaty as soon as possible, with the
view of obtaining a ratification during the present session of the Rigsdag,
which was then to adjourn in a few days, and I urged very earnestly that the
vote in the islands should be dispensed with.

952 DOCUMENTS

. + + They! seem to think the affair practically settled; at least that all difh-
culties are out of the way except the vote of the people of the islands. Upon
this subject I have lost no opportunity to impress upon them, in the most earn-
est and explicit manner, the very great preference of myself and my Govern-
ment that the cession shall be absolute, and not subject to any further condi-
tions; and that it can not be in accordance with the interests or the feelings of
either. Government that the matter should fail after a treaty has been signed,
and that nothing should be done that would invite or present an opportunity
for the interference and counter influence in the islands of those three great
powers which would much rather see the matter fail than succeed; and I have
indicated that I am not instructed or authorized to agree to such a proposal,
and that for me to venture to do so might jeopard the treaty at Washington
as well as in the islands. |

To this it is replied that there is no real danger of failure; that but little
time or opportunity will be allowed for foreign interference or influence upon
the election; that ratification by the Rigsdag will be much more sure and easy
if the treaty is first voted for by the islands; and the effect of a contrary course,
upon the Schleswig question, as here’ ‚fore urged, and as stated in my dispatch
No. 75, of 17th June, is now repeate:l with increased earnestness and emphasis.

My opinion is, that this latter consideration is the only real difficulty in the
way, and I have to admit to you my appreciation of its force from the Danish
standpoint.

They speak very frankly about the matter, and have indicated that it is
possible that the cabinet may be brought to waive the vote, but have not given
me any substantial reason to hope that it will be, and my opinion is it will
not be given up.

This leaves me in great embarrassment. I have telegraphed you through
Mr. Adams for instructions, because I deem it probable, from present appear-
ances, that the negotiation will be delayed long enough for me to get an answer.

But I have resolved that if, without further instructions, it comes to be a
question of taking the treaty with a vote or not at all, I will yield, it being
the only chance left for present success, and the influence of future European
complications upon the matter can neither be foreseen nor trusted. I will
press my objections as far as can well be done this side the point of breaking
the negotiation.

As a matter of construction, your direction to waive the August ratification,
being sent, as I take it, after the reception of my dispatch of the 17th June,
instead of excluding this, by mentioning one waiver and omitting others, might
be held as an instruction upon what was deemed the only matter then left
open and in the way, seeing from that dispatch that Denmark refused to nego-

15. e., Count Frijs and General Raasloff.

ST. THOMAS AND ST. JOHN, 1868 953

tiate except on the basis of a vote. Especially would this view be correct,
taking a waiver of immediate ratification, which would, if adhered to, make
a vote impossible in connection with your former consent, that Denmark might
take the vote before, not after, ratification.

But I have constantly preferred to avoid the vote altogether, if it could be :
done, and if it can not, I prefer directions as to construction and responsibility.

If the point has to be yielded in order to get a treaty, and if Denmark
intends to make her ultimate ratification or exchange depend on the result of
the vote, which seems probable, then it would appear immaterial whether the
vote were stipulated for in the treaty or not. But I shall insist on keeping
it out, and leaving it a thing to be done by Denmark of her own option, which

‘might be better in view of ulterior questions that might arise between the two
governments, or with Denmark, as to her real power over the cession in the
event of irregularity, improper conduct, or a doubtful result, and as being also
more in harmony with your first telegraphic instructions of the 21st May,
received here on the 28th.

I shall also insist that in determining the capacity for voting upon the ques-
tion, all foreigners domiciled in the island merely for business purposes shall
be excluded, and that all native-born subjects of Denmark shall vote. I would
do this, because the votes of the colored freed people would probably make
the result more certain in our favor, and because it would better comport with
the position that class of men would occupy as citizens of the United States
after annexation. |

I understand, but am not quite sure, that they predominate in numbers, and
have not heretofore voted in the local and municipal government of the island.

I am, sir, very respectfully, your obedient servant,

GEORGE H. YEAMAN.
Hon. William H. Seward,

Secretary of State, Washington.

MR. YEAMAN TO MR. SEWARD

No. 84.) Legation of the United States,
Copenhagen, July 22, 1867.
Sir: On the 20th instant I received from the legation at London a note
of the 17th, inclosing me your last telegram, as follows:
“ Do not agree to submit question; Congress soon adjourns.”
and I have taken steps to obtain another interview with Count Frijs and Gen-
eral Raasloff, who are at present out of town.

954 DOCUMENTS

Since my dispatch, No. 81, of the 12th instant, by appointment of the min-
ister of foreign affairs, I met him and the general on Wednesday, the 17th.
At that conference 1 communicated my readiness to waive the demand for a
ratification in August, and it was then verbally agreed that all the material
differences and questions were disposed of, except that of a vote in the islands.

This matter was discussed at length and in detail, as to whether it should
be done at all; if so, whether it should be provided for in the treaty, and what
classes of men should vote. I insisted upon all the views affecting this sub-
ject expressed in my dispatch No. 81, and in addition some others touching
the general merits of such a proceeding and its effects upon the attitude of
Denmark in the negotiation, her ultimate power over the subject, and the
temptations to outside intrigue and interference. I do not think I am mis-
taken in the opinion that these observations had some good effect; still the
position was not abandoned.

The meeting was adjourned with the understanding that we should have
another interview this week, and that in the meantime they should consider
whether the Danish cabinet could find it possible to dispense with this condi-
tion; and if not, that they should submit to me the definite form in which
they would propose to put it, with the view of enabling me to determine
whether I could in any event accept it, which I did not intimate would ever
be done. I was distinctly assured that they would not insist upon it except
for the supposed bad effect of a contrary course upon the Schleswig negotia-
tion and question.

They seemed to appreciate the observation I urged, outside of its relations
to that question, against putting such a clause in the treaty, but observed that
on the other hand the Government would hesitate, if the vote must be taken, to
put itself in the attitude of negotiating a treaty positively and then making
its ratification depend upon a condition or event not provided for in the treaty.

This is a point that certainly demands their careful consideration; and its
suggestion leads me to hope that if they will now treat with the vote excluded,
they may abandon the idea of taking it independently of the treaty.

I conclude that the course now before me is to propose at the next inter-
view to negotiate the treaty unconditionally. This will leave it for them to
consider whether the Danish Government shall take the vote of its own mo-
tion and for its own information. I very earnestly hope, and have good rea-
son to think, that this will not break the negotiation; yet it is possible that it
may, or at least suspend it until the Schleswig question takes a more. definite
and hopeful form. |

There is a delay in the progress of the negotiation which 1 had not expected,
and which does not seem to me to be entirely necessary; but 1 do not think it is

ST. THOMAS AND ST. JOHN, 1868 955

induced by any uncandid design or intention. I have supposed it possible
that they would delay it as much as could be made to appear legitimate, with
the hope that in the meantime their other foreign relations would take such a
turn as would enable them promptly to abandon the idea of a vote.

I am, sir, very respectfully, your obedient servant,

GEORGE H. YEAMAN.

Hon. William H. Seward,

Secretary of State, Washington.

MR. YEAMAN TO MR. SEWARD
(Extract)

No. 92.) Legation of the United States,
Copenhagen, August 17, 1867.

Sir: Last Saturday, the 10th instant, at an interview appointed by Count
Frijs, he expressed his preference that, without agreeing in the treaty to sub-
mit the question of cession to a vote of the people of the islands in such form
as to make the vote decisive as a condition, yet to allude to it in such manner
‘as to show the fact of the intention of the Government of Denmark to take
the vote.

I declined to agree to this, upon the ground that any such reference or
statement in the treaty might be construed as ar agreement to submit. He
thought it could be so worded as to avoid that construction, and very much
prefers its insertion for political and diplomatic reasons, and asked me if 1
‘ would take it ad referendum. I agreed to do so, but again urged the necessity
of so conducting the negotiation as to have all things accomplished and the
treaty ready for submission at both capitals in December, and that, for the
sake of certainty and dispatch, I would much prefer to have, as nearly as
possible, the exact form of words in which he would propose to insert it, so
that I could submit a definite question. He then proposed to have that ready
by next Saturday (to-day).

General Raasloff informs me that he has recently conversed with an officer
from St. Thomas, and learns from him, without in any way indicating the
negotiation, that the people are discussing the subject of annexation, and are
very well inclined to it, and that indeed the most of them look upon it as a
foregone conclusion. |

In view of the fact that this Government will probably order the vote to be

956 DOCUMENTS

taken, I would be obliged for your opinion of the views 1 expressed in my
No. 81, of 12th of July, last paragraph, in relation to who shall vote.

I am, sir, very respectfully, your obedient servant,
GEORGE H. VEAMAN.
Hon. William H. Seward,
Secretary of State, Washington.

MR. YEAMAN TO MR. SEWARD
(Extract)

No. 104.) Legation of the United States,

| Copenhagen, September 27, 1867.

SIR:

The Danish negotiators insist upon inserting in the convention a clause to
the following effect: “ It is, however, understood and agreed that His Maj-
. esty the King of Denmark, before proceeding to the ratification of this con-
, vention, reserves to himself to give to the native population of the above-
named islands an opportunity of expressing their adhesion to his cession ”
(or, their wishes in regard to this cession). They consider this as an invita-
tion to the people to affirm the cession, and not as a condition precedent, or a
negative power, over the subject. They deem it a proper deference to modern
European custom, and «necessary in the present attitude of their other foreign
relations. I am not able to express any decided opinion whether the negotia-
tion can be concluded without it. 1 have urged against it every possible argu-
ment and consideration, and so far without avail.

I am, sir, very respectfully, your obedient servant,
GEORGE H. YEAMAN.
Hon. William H. Seward,
Secretary of State, Washington, D. C.

MR. YEAMAN TO MR. SEWARD |

No. 106.) | Legatton of the United States,
Copenhagen, October 1, 1867.
Sir: I have the honor herewith to inclose a confidential note of this date,
‚just received from General Raasloff which speaks for itself. His suggestion
is interesting in itself and in its relations to the negotiation. He, of course,

ST. THOMAS AND ST. JOHN, 1868 957

understands that the United States will not send an agent to take any official
part in conducting the election; but for suggestion and friendly influence and
cooperation the measure would be beneficial.

I am, sir, very respectfully, your obedient servant,
GEORGE H. YEAMAN.
Hon. William H. Seward,
Secretary of State, Washington.

[INcLosuRE]
Hellebeck, October 1, 1867.

My Dear SIR: I shall send you this note the moment I arrive in town,
which will be a little after 2 P. M.

I feel confident that we shall be able to sign the convention in a week or so
(if we can agree, which 1 hope), and that a commissioner will then be sent
immediately from here to the West Indies. Let me, therefore, suggest to you
that you write by this mail and request Mr. Seward to cause ships of war
to be sent at once to the same place, and an agent or agents properly provided
with instructions and all that may be useful to assist the Danish commissioner
in his work, and to do whatever else circumstances may require.

I think it is necessary that this should be done at once, because, once the
convention signed here, time will be scarce and action must be had without
delay.

Very truly yours,
W. RAASLOFF.
His Excellency Hon. George H. Yeaman,
Minister Resident United States, Copenhagen.

MR. YEAMAN TO MR. SEWARD

No. 107.) Legation of the United States,
Copenhagen, October 3, 1867.

SIR: Yesterday, at the request of Count Frijs, 1 had another interview
with him in regard to the pending negotiation. He assured me that he very
much desires the accomplishment of the cession; that he fully appreciates its
importance to the United States, its financial advantages to Denmark and its
political advantages in cementing the friendship between the United States
and Denmark, and which he thought material. But he observed that the most
important and vital question now pending in the foreign relations of Denmark
was that concerning the retrocession of the Danish or north portions of

958 DOCUMENTS

Schleswig by a fair execution of the fifth article of the treaty of Prague;
and that however great to Denmark might be the advantage of a cession of
the Danish West Indies, it could not possibly outweigh the disadvantages that
would result from doing anything that would injure the position of Denmark
in the Schleswig affair by weakening her claim to vote in Schleswig, or by
lessening the moral force of a popular expression. For these reasons he found
it necessary not only to ask the approbation of the people of the islands, but
also equally necessary that their consent or approval should be referred to in
the treaty, though not agreed upon as a condition precedent. It is to be, in
his language, “ unilateral,” but he regards it as so indispensable that he can
not advise the King to make a treaty without it. General Raasloff would yield
the point, and has exerted himself to have it yielded by the count, but he
seems immovable. I have no doubt of his sincerity, both in desiring to make
the cession and in thinking the vote necessary in the present attitude of the
relations between Denmark and Prussia.

I have constantly opposed this vote, giving what 1 thought good reasons
for my opposition, especially as to the insertion in the treaty. But I am con-
vinced, by information from the islands, and the tendency of public sentiment
here, that the annexation would be voted willingly and by a very large ma-
jority. And whether the people would vote thus or not, the point now is —
and this is the only way to get the islands — and we had better get them that
way than not at all — had we better risk an unfavorable vote than to refuse
to negotiate on account of the vote. I am sure you will not deem it amiss in
me to express my opinion thus freely. Yesterday I sent you by cable the
following telegram in cipher:

“ Denmark quite ready to conclude, if vote mentioned in treaty. Considers
favorable vote sure. Desire explicit acceptance of Santa Cruz.”

I am, sir, very respectfully, your obedient servant,
GEORGE H. YEAMAN.
Hon. William H. Seward,
Secretary of State.

MR. YEAMAN TO MR. SEWARD

(Extract)
No. 108.) | Legation of the United States,
Copenhagen, October 7, 1867.
SIR: . . . Saturday, the 5th instant, I received from you a telegram, which

I translate as follows:

am BE e Qu A Y

ST. THOMAS AND ST. JOHN, 1868 959

“ No condition of vote in treaty. If Denmark wants to negotiate for Santa
Cruz by separate treaty, send draft here for consideration.”

Upon the receipt of this 1 promptly advised Count Frijs and General
Raasloff that 1 proposed at once to close the treaty by inserting a clause simply
stating the fact that the King would afford the people an opportunity of freely
expressing their approbation of the cession.

After my dispatch 107, of the 3d, and my hasty private notes of 3d and 4th
instant, inclosing note from General Raasloff, I learned that the interviews of
the French minister had assumed a more serious aspect, and that Count Frijs
was really astonished that the British and Spanish ministers had not ap-
proached him, and expected their remonstrances daily. I then sent you the
following telegram in cipher:

“ France knows our offer, and remonstrates. Denmark expects other re-
monstrances. Prompt action desirable. Vote in treaty indispensable.”

I am, very respectfully, your obedient servant,
GEORGE H. YEAMAN. |
Hon. William H. Seward,
Secretary of State.

MR. SEWARD TO MR. YEAMAN

No. 66.) Department of State,
Washington, October 24, 1867.

SIR: I recur to your dispatch No. 106, and to your two letters of the 3d
and 4th instant, which have also been received.

Each of the letters is accompanied by a private and sealed communication,
addressed by General Raasloff to myself. The burden of the several papers
thus received is that my early instructions declining a stipulation to submit to
the people of the two islands the question whether they shall be transferred
to the United States constitutes a serious and insurmounable barrier to the
negotiation on the part of Denmark.

On the 5th of October, one day after the latest date in these communica-
tions from Copenhagen, I instructed you by telegraph to waive the objection
referred to and consent that a popular vote be taken in the islands at the
instance of Denmark.

I have this day reiterated that instruction by telegraph, and have asked you
to report progress. It is very desirable that the treaty, if one is concluded,
should be submitted to the Senate as early as possible, to the end that if it be
ratified, as I trust it will be, Congress may in that case be immediately invited

960 DOCUMENTS

to pass the laws which the transfer of the islands by treaty will have rendered
not only necessary but urgent.
I am, sir, your obedient servant,
WILLIAM H. SEWARD.
George H. Yeaman, Esq., etc.,
Copenhagen.

Uncompleted Treaty Between the United States of America and His Majesty
the King of Denmark Concerning the Cession of the Islands of St. Thomas
and St. John. Signed at Copenhagen on October 24, 1867 *

The United States of America and His Majesty the King of Denmark
being desirous of confirming the good understanding which exists between
them, have for that purpose appointed as Plenipotentiaries, The President of
the United States, George H. Yeaman, accredited as their Minister Resident
to his said Majesty; and His Majesty the King of Denmark, Count Christian
Emil Juel-Vind-Frijs, President of the Council of the Ministers and Minister
for Foreign Affairs, Grand Cross of the Order of Danebrog, and decorated
with the Cross of Honor of the same Order. And the said Plenipotenttartes
having exchanged their full powers, which were found to be in due form,
have agreed upon and signed the following articles:

ARTICLE I

His Majesty the King of Denmark agrees to cede to the United States by
this Convention immediately upon the exchange of the ratifications thereof,
the islands of St. Thomas and St. John, in the West Indies, with the adjacent
islands and rocks, situated north of the 18th degree of north latitude.

His Majesty the King of Denmark will, however, not exercise any con-
straint over the people, and will, therefore, so soon as practicable, give them
an opportunity of freely expressing their wishes in regard to this cession.

ARTICLE III

The inhabitants of the said islands shall be protected in their liberty, their
property, and private rights, and they shall be free to remain where they now
reside, or to remove at any time, retaining the property which they possess in
the said islands, or disposing thereof and removing the proceeds wherever
they please, without their being subjected on this account to any contribution,

1 From the official copy, U. S. Senate.

ST. THOMAS AND ST. JOHN, 1868 961

tax, or charge whatever. Those who shall prefer to remain in the said islands,
may either retain the title and the rights of their natural allegiance, or acquire
those of citizens of the United States. But they shall make their election
within two years from the date of the exchange of ratifications of this con-
vention; and those who shall remain in the said islands after the expiration
of that term, without having declared their intention to retain their natural
allegiance, shall be considered to have elected to become citizens of the
United States.

ARTICLE V

In consideration of the cession aforesaid, the United States agree to pay, at
the treasury in Washington, within three months after the exchange of the
ratifications of this convention, to the diplomatic representative or other agent
of His Majesty the King of Denmark, duly authorized to receive the same,
seven millions five hundred thousand dollars, in gold. |

The cession conveys to the United States the said islands and appurtenances
in full and entire sovereignty, with all the dominion, rights and powers which
Denmark now possess and can exercise in them, free and unincumbered by
any grants, conditions, privileges or franchises in any way affecting or limiting
the exercise of such sovereignty.

ARTICLE VI

When this convention shall have been duly ratified by the President of the
United States, by and with the advice and consent of the Senate on the one
part, and on the other by His Majesty the King of Denmark by and with the
consent of the Rigsdag, the ratifications shall be exchanged at Washington,
within four months from the date hereof or sooner if possible.

In faith whereof the respective Plenipotentiaries have signed this convention
and thereto affixed the seals of their arms.

Done at Copenhagen, the 24th of October, in the year of our Lord one
thousand eight hundred and sixty-seven. °
Geo. H. YEAMAN, (L.S.)

C. E. JueL-VinD-Frijs, (L.S.)

962 DOCUMENTS

Extracts from Correspondence between Secretary Seward and the United
States Agents in the Islands, October 26-December 4, 1867 *

‘MR. SEWARD TO MR. HAWLEY

Department of State,
Washington, October 26, 1867.

Sir: This Government has concluded a treaty with Denmark for a cession
of the islands of St. Thomas and St. John in the Caribbean Sea, belonging
to that power. The treaty has not been received here, but it is understood
that it contains a stipulation that before the cession shall be absolute the vote
of the people of the islands shall be taken upon the proposed change of
sovereignty. It is also understood that the Danish Government has sent a
commission for the purpose of superintending the taking of that vote. As
it is desirable that this Government also should not be entirely without the
attendance of a representative there, you are requested to proceed to St.
Thomas. You will, however, consider your attendance there as of a charac-
ter entirely confidential. But this direction will not be construed so literally
as to prevent you coming into useful communication with the Danish authori-
ties and any consuls or naval representatives of the United States.

I herewith hand to you extracts of a dispatch written by the United States
minister at Copenhagen, which very distinctly indicate the manner in which
it is supposed that your agency can be made useful and effective. You are
at liberty also to present yourself to the Danish commissioner, whom you will
meet at St. Thomas, and you will show him this instruction and also the
extracts of Mr. Yeaman's dispatch. In all things you will practice the utmost
frankness with him and absolute deference to his judgment and opinions.

It is expected that you will meet Rear-Admiral Palmer, of the United States
Navy, with the ship of war Susquehannah, at St. Thomas, who will have
instructions similar to your own to cooperate with the Danish commissioner.

It is presumed that you will be at no loss for arguments to show those who
may have votes upon the subject the advantages which they would derive
from transferring their allegiance to the United States, should they think
proper to remain in the islands. The market of this country, even now, is
an eligible one for their products. It must become much more so in the event
of their annexation. As one of the purposes of this Government in the
acquisition is to secure a naval station, the inhabitants of the islands will
derive benefits from that, which it is needless to expatiate upon. If, too, they
should become a part of the domain of the United States, they and their pos-
terity will have the same right to protection by a powerful government in

1 U. S. Sen. Doc. No. 231, pt. 8, 56th Cong., 2d sess., pp. 198-210.

__ Ee A

ST. THOMAS AND ST. JOHN, 1868 : 963

war and to those advantages in time of peace which are enjoyed by other
citizens.

It is not expected that you will stay in the islands longer than may be
necessary after the vote referred to shall have been taken. The Department
will expect reports from you during your sojourn there.

I am, sir, your obedient servant,
WILLIAM H. SEWARD.
Rev. Charles Hawley,
Auburn, N. Y.

MR. HAWLEY TO MR. SEWARD

No. 1.) St. Thomas, Danish West Indies,
. November 13, 1867.

Sir: I beg leave to inform you of my arrival at this island, in company
with Mr. Perkins, on the 12th instant.

. Mr. Moore, who preceded us by some two days, has, for prudential reasons,
already communicated with Mr. Simmons, United States vice-consul, on the
object of our mission, with which he is in full sympathy.

A dispatch by way of Porto Rico to the effect that the United States had
purchased the Danish Islands for the sum of $15,000,000 reached here on the
morning of our arrival, creating considerable excitement.

The rumor serves as the occasion of a free expression of opinion and gives
rise to the question, ‘ Will the United States continue St. Thomas a free
port?”

If the merchants and others connected with the business relations of the
island could be assured that there would be no change in this regard, and
that their trade with the other islands would be maintained with its present
advantages, the formidable objection to the transfer would be obviated. The
whole issue, as they contemplate it, resolves itself into a question of trade, as
the entire commerce of the island is built upon the freedom of the port.

If the decision is to be submitted to a popular vote there can hardly be a
doubt that the result will be in favor of annexation.

We, of course, are not known as having any information on the subject,
awaiting the arrival of the Danish commissioner, who is expected on the
16th.instant.

The town has suffered considerable damage from the hurricane of the 29th
ultimo, but the damage is being rapidly repaired.

With great respect, I remain your obedient servant,

CHARLES HAWLEY.
Hon. William H. Seward,
Secretary of State.

964 DOCUMENTS

MR. HAWLEY TO MR. SEWARD

No. 2.) Fredericksted, St. Croix, West Indies,
November 22, 1867.

Sir: I have the honor to report the arrival of the Danish commissioner,
Chamberlain Carstensen, at St. Thomas, on the morning of the 17th instant.
Mr. Perkins and myself waited on him without delay, and ascertained that it
was his desire to proceed immediately to Christiansted, St. Croix, for consul-
tation with the governor, and that we should accompany him.

Commodore Bissell, of the Monongahela, placed his vessel at the service
of the commission, and we arrived at this place on the evening of the 17th
instant, and proceeded next morning to Christiansted.

An interview was arranged for at 3 o'clock p. M., and while in the reception
room of the government house a violent shock of an earthquake drove us from
the building in confused haste and threw us into a scene of indescribable
terror.

Admiral Palmer, who came with the Susquehanna from St. Thomas on the
morning of Wednesday, brings tidings of a similar disaster there, inflicting
great damage to the town and injury to the shipping. This calamity, follow-
ing so speedily the hurricane of the 29th ultimo, is a serious embarrassment to
our mission, as it must, for a time at least, preoccupy public attention. It
has already frustrated our hopes of a speedy arrangement of preliminaries,
and left us in a state of uncertainty of what under the circumstances should
be done.

I may, however, communicate the result of several informal conversations
with Mr. Carstensen, who is quite frank and unreserved in the expression of
his views. He is unwilling to order an election until reasonably assured that
the vote will be favorable. Rather than hazard a failure he would prefer a
postponement of any further measures here until such modifications can be
secured in the treaty which will dispose of the present contingency.

He has received the same impression that forced itself upon our attention,
as I had the honor to state in my first communication, that the mercantile
interest of St. Thomas will be a unit against the transfer, without some assur-
ance from the United States that, for a specified period at least, the present
privileges and immunities enjoyed by the port will remain undisturbed. Gov-
ernor Birch is of the same opinion. Indeed, it must be palpable to every one
at all familiar with the present trade of St. Thomas and its resources, to
bring it under the restrictions of our revenue laws is to destroy at a blow its
commercial importance. The island is without productions — without any-
thing to sell — except what it imports. The entire population is dependent

và ..

ti Ti

ST. THOMAS AND ST. JOHN, 1868 965

directly or indirectly upon a trade with the other islands, which, from its
peculiar position as a point of transit, it can maintain on the one condition
that it can receive the goods it sells to Porto Rico, San Domingo, Cuba, etc.,
free of duties.

So commanding is this interest that I am not without fears it might control
the votes of the less intelligent class. A guarantee from the United States
that no change would be required in the present status of the port would
relieve the whole question of embarrassment ; but though urged at this point,
both by the governor and commissioner, it is an assurance which, of course,
I am not authorized to give. I have said to them that the principal design of
the United States in acquiring these islands being the establishment of a
naval depot, I had no doubt there would be as little change as possible in these
respects, and that our Government would be disposed to a liberal policy
toward its new possessions, and retain to them all rights and immunities not
in conflict with the common interest, beside the advantage they would have in
the protection and privileges which a generous and powerful government ac-
cords to all its citizens.

I remain, yours, most respectfully,
CHAS. HAWLEY.
Hon. William H. Seward,
Secretary of State, U. S. A.

MR. HAWLEY TO MR. SEWARD

No. 3.) St. Thomas, Danish West Indies, .
November 29, 1867.

Sir: I regret to inform you that no material change has occurred in the
situation of affairs since my communication of the instant. The daily
recurrence of the earthquake, though with abated violence, prevents the return
of confidence on this island as at St. Croix, after a lapse of eleven days since
the first shock.

We returned to St. Thomas on the 25th instant, in company with Governor
Birch and Chamberlain Carstensen, in the United States flagship Susquehanna.
The next day there was an informal conference with the leading merchants
oí the: Government house, convened by the governor at the request of the
commissioner, for a free expression of opinion. Messrs. Perkins, Moore,
and myself were present. This conference continued for two hours, from
which it appeared that while there was no objection to a transfer of the
sovereignty from Denmark to the United States, but on the contrary a gen-
eral admission that certain advantages would be gained by the change, it was

966 DOCUMENTS

nevertheless deemed vital to the commercial prosperity of St. Thomas that it
should continue a free port.

Without the assurance in some form that there would be no change for at
least a period of years in this respect, they should be constrained, in the
protection df existing interests, to oppose with all the influence they could
wield, the proposed cession. But with the assurance that their present privi-
leges would not be disturbed by the change, it would meet with a general and
cordial approval.

As we were requested to state what could be expected from the United
States Government in this particular, we replied that our instructions did not
contemplate this question; that all regulations pertaining to the imposition
of duties belonged to Congress; that the exemption desired, if put into the
substance of the treaty, might be considered an encroachment upon the prov-
ince of the legislative department and embarrass its ratification by the Senate.
On the other hand, as the object of the United States in the acquisition of
the islands respected naval convenience rather than revenue, there would be a
strong disposition to deal generously with existing privileges by appropriate
legislation; and, moreover, if they would accept the manifest desire of Den-
mark to cede this territory to the United States and leave their interests with
the latter their confidence would not be misplaced.

Much was said about existing laws in the islands, harbor regulations, etc.,
to which our reply was that it is the policy of the Federal Government not
to interfere with the local institutions or laws of States, Territories, or munici-
palities, and that only such changes, if any, would be expected as experience
should determine to be wise and suitable under a liberal government.

The spirit of the conference was good, and generally favorable to the cession,
at the same time the freedom of the port was held with unyielding tenacity
as the just and reasonable condition of their cordial approval.

I remain, with great respect, your obedient servant,
CHARLES HAWLEY.
Hon. William H. Seward,
Secretary of State

MR. HAWLEY TO MR. SEWARD

No. 4.) United States Steamer De Soto,
Harbor of St. Thomas,
SIR: November 30, 1867.

Events and circumstances with which you are made acquainted have deter-

ST. THOMAS AND ST. JOHN, 1868 967

mined the Danish commissioner to defer the taking of the vote, in order that
he may proceed to Washington, and secure, if possible, such a modification in
the articles of convention as will obviate the difficulty which the business
interests of St. Thomas so persistently presents to all his movements. He
desires, also, to be in immediate communication with Copenhagen. In his
view delay is safe, and inasmuch as, in the most favorable circumstances, a
month or more must elapse before preparations for the vote could be com-
pleted, little or no time will be lost.

Moreover, he sees that an adverse result from any cause would be fatal to
the interests of Denmark, not less than to the desire of the United States,
as negotiations could not be renewed in face of a popular decision against
the cession. His desire, therefore, is to conciliate, as far as possible, the com-
mercial community, whose capital has been invested in a trade which can only
be maintained under existing regulations of the port; at the same time he is
not unmindful of the difficulty which 1 have deemed it a duty to present to
him, viz.: That the executive department of the Government might find itself
embarrassed by such conditions as he thinks desirable to secure. My own
impression is that his powers as royal commissioner are largely discretionary,
and sufficient, in case the emergency presents itself, to bring the whole matter
to an issue, even against formidable opposition.

As my instructions from the Department direct me to defer to the views of
the Danish commissioner, 1 could not do otherwise than concur in his judg-
ment. But I may be allowed to say that, apart from such positive direction,
it has appeared to me from the first unsafe to risk a vote as the question now
stands; and further, that the position taken by the business men of St. Thomas
is most natural and reasonable. If the concessions for which they ask can
be properly granted, I see nothing in the way of a speedy and happy conclusion
to the mutual desire of the two Governments in this valuable acquisition to
the dominion of the United States. |

I have the honor to remain your obedient servant,

CHARLES HAWLEY.
Hon. William H. Seward,
Secretary of State.

MR. PERKINS TO MR. SEWARD

No. 123.) St. Thomas, West Indies,
December 4, 1867.
Sir: We returned to St. Thomas, accompanied by Governor Birch in the
U. S. S. Susquehanna, on the 25th ultimo, and on the following day a public
meeting was held at Government house for the purpose of making known

968 DOCUMENTS

officially and publicly the royal ordnance ceding the islands to the United
States. Their excellencies, Governor Birch, Vice-Governor Rothe, some
other officials, our consular representatives, my colleague and myself, and a
few of the influential inhabitants of the island were present.

The commissioner, Chamberlain Carstensen, read the royal ordnance ceding
the islands to the United States, and requested an expression of the views of
gentlemen present upon the subject, and especially as to the result of a vote
of the people.

It seemed to be generally conceded by those present that the vote would be
adverse to the change of sovereignty unless a declaration should be made or
sufficient expression given by our Government for the inhabitants to believe
that the present commercial privileges of St. Thomas would be preserved for
a period of at least fifteen or twenty years.

I remarked that the passage of laws in regard to the future commerce of
the island relative to a tariff of duties upon imports, etc., would be the province
of our national legislature, but that 1 had every reason to believe and stated
it as the view of the Department that the action of Congress would be in a
spirit wholly friendly to the islands and that their prosperity would be carefully
fostered and guarded by our Government.

The commissioner, however, has decided, and the Government here coin-
ciding with him, that it is unsafe to risk a vote now, and proceeds to Washing-
ton in company with Mr, Hawley for the purpose of consultation with the
Danish minister and our own Government, hoping to obtain some such declara-
tion or expression from yourself as will insure a favorable vote.

His decision is, perhaps, a wise one, but I do not wholly share his fears, and
should he return without accomplishing his purpose it might be more difficult
to obtain a favorable vote than now. I shall remain here and at Santa Cruz
during their absence, and no opportunity will be neglected by me to further
the accomplishment of the object for which we were sent here.

The inhabitants of Santa Cruz are much disappointed that their island is
not included in the treaty.

I have the honor to be, sir, with great respect, your obedient servant,
E. H. PERKINS,
United States Consul, St. Croix, W. I.
Hon. William H. Seward,
Secretary of State, Washington.

ST. THOMAS AND ST. JOHN, 1868 969

(INCLOSURE)

RovyAL PROCLAMATION TO THE INHABITANTS OF THE ISLANDS OF ST. THOMAS AND
ST. JOHN. OcroBER 25, 1867

We, Christian the Ninth, by the grace of God King of Denmark, the Vandals,
and the Goths, duke of Schleswig, Holstein, Stormarn, Ditmarsh, Lauren-
burg, and Oldenburg, send to our beloved and faithful subjects in the
islands of St. Thomas and St. John our royal greeting:

We have resolved to cede our islands of St. Thomas and St. John to the
United States of America, and we have to that end, with the reservation of
the constitutional consent of our Reichstag, concluded a convention with the
President of the United States. We have, by embodying in that convention
explicit and precise provisions, done our utmost to secure you protection in
your liberty, your religion, your property, and private rights, and you shall
be free to remain where you now reside or to remove at any time, retaining
the property which you possess in the said islands, or disposing thereof and
removing the proceeds wherever you please, without you being subjected on
this account to anv contribution, tax, or charge whatever.

Those who shall prefer to remain in the said islands may either retain the
title and the rights of their natural allegiance or acquire those of citizens of
the United States, but they shall make their choice within two years from the
date of the exchange of ratifications of the said convention, and those who
shall remain in the islands after the expiration of that term without having
declared their intention to retain their natural allegiance shall be considered to
have chosen to become citizens of the United States.

As we, however, will not exercise any constraint over our faithful subjects,
we will give you the opportunity of freely and extensively expressing your
wishes in regard to this cession, and we have to that effect given the necessary
instructions to our commissioner extraordinary.

With sincere sorrow do we look forward to the severment of those ties
which for many years have united you to us and the mother country, and
never forgetting those many demonstrations of loyalty and affection we have
received from you, we trust that nothing has been neglected from our side
to secure the future welfare of our beloved and faithful subjects, and that a
mighty impulse, both moral and material, will be given to the happy develop-
ment of the islands under the new sovereignty. Commending you to God.

Given at our palace of Amalienborg, the 25th of October, 1867, under our
royal hand and seal.

(L.S.) CHRISTIAN, R.

970 DOCUMENTS

Address of Merchants of St. Thomas to the Danish Commissioner *

To His Excellency Chamberlain Carstensen, Knight of Dannebrog and Danne-
brogsman, royal commissioner extraordinary for preparing the cession
of the islands of St. Thomas and St. John to the United States of
America.

Your EXCELLENCY: It was with feelings of the most profound pain and
sorrow, mingled with disquietude and disappointment, that the undersigned
have read His Majesty's proclamation dated the 25th October, 1867, relating
to his royal resolution to cede the islands of St. Thomas and St. John to the
United States of America: with pain and sorrow because the severance of
this island from the Danish nationality, and from those mild and benign laws
under which the island has existed and prospered for so long a series of years,
can not otherwise but be acutely felt; disquietude and disappointment because,
although it has pleased His Majesty the King most graciously to proclaim to
us that he, by distinct and definite stipulations, entered into the convention
of the cession, has secured to us the free exercise of our liberty, religion, rights
of property, and other private rights, still we do not find that any conditions
have been made to secure to us that on which depend our existence and welfare
as a community — nay, that without which those very rights which are secured
to us, as aforesaid, will be lessened — namely, the unshackled freedom, as
heretofore, of this port and of its commerce.

Your excellency will know that this island is devoid of all internal resources,
having neither agriculture nor manufacture, nor is it by nature fitted to produce
those things which contribute to human life and happiness. It has but its
free commerce to depend upon. Deprive it of that freedom, and the whole
scene, as it now exhibits itself, will be changed. Fortunes will fall, properties
will be depreciated in their value, merchants will fail, and homesteads ruined,
because all will find the usual employment suddenly arrested.

The question of the continuance of the freedom of this port and of its
commerce under a change of government is therefore of paramount import-
ance to us. It addresses itself to the two most powerful passions of the
human heart, interest and fear. It applies itself to the strongest principles
of human action, profit and loss. It is therefore of the greatest significance
and moment for us that a concession in this respect be obtained from the
United States Government.

Your excellency, it is said, is on the eve of departure for Washington,
wherefore the undersigned now respectfully pray and solicit of your excellency
there at the seat of the government of the United States of America to

1 U. S. Sen. Doc. No. 231, pt. 8, 56th Cong., 2d sess., p. 215.

ST. THOMAS AND ST. JOHN, 1868 | 971

espouse and advocate our cause, our existence, and welfare, and that your
excellency will endeavor and strive to obtain for us, if not perpetually, yet
for as many years as possible, those immunities and privileges of this port
and its commerce which we have hitherto possessed and enjoyed under the
Danish Government.

With sentiments of the highest esteem, the undersigned have the honor to
be your excellency’s most obedient and respectful servants.

(Here follow names. of some one hundred and thirty merchants and pro-
prietors. )

Proposed Additional Articles to the Convention between Denmark and the
United States of America made at Copenhagen on October 4, 1867 *

ARTICLE I

Considering that the island of St. Thomas has from olden times been a free
port, and considering that the welfare of the merchants and of the inhabitants
of the island depends upon the continuance thereof, so that no sudden changes
in the present state of things be made, particularly as regards the low rates
of custom and ship dues, and of port charges, it is agreed that the enactments
contained in the law of 16th April, 1862, relating to trade and navigation in
St. Thomas, now in force in the said island, shall continue to be in force, as
hitherto, for the period of twenty years after the cession of the islands, unless
it should be found necessary and requisite to make alterations in any of the
minor clauses or enactments of the aforesaid law, in which case the contracting
parties reserve the matter for further agreement.

It is, however, understood that the enactments in section 4, III 2, c and d,
of the aforesaid law, may be abolished without such mutual agreement as
aforesaid.

ARTICLE II

In the same manner as Article III of the convention has already secured
to the inhabitants of the ceded islands protection in their liberty, their religion,
their property and private rights, so also is it understood, as a matter of
course, that the Danish common and statute law now in force in the islands,
with the modifications hitherto enacted therein, shall remain in force in the
islands until alterations be made by new legislative enactments after previous
deliberation in the council existing at the time in the islands for the treatment
of legislative and other like matters.

1 U. S. Sen. Doc. No. 231, pt. 8, 56th Cong., 2d sess., p. 215.

972 | | DOCUMENTS

ARTICLE III

Concessions or grants given from time to time by the Danish Government
for conducting or carrying on certain establishments or industrial occupations
shall remain in force until they either expire or be withdrawn or recalled from
the same circumstances that would have justified such withdrawal or recall
had the islands continued to be subject to Denmark; and this shall also be the
case with those rights or privileges which have been granted or bestowed by
the Danish Government to certain communities or establishments in the islands.

Letter from Mr. Seward to Mr. Hawley *

Department of State,
Washington, December 16, 1867.

Str: I have carefully read the copy which you have placed in my hands
of a communication which was made on the 4th of December instant, by his
excellency W. Birch, governor-general of the Danish West India Islands, to
Chamberlain E. J. A. Carstensen, Danish royal commissioner extraordinary
to the islands of St. Thomas and St. John.

That communication consists of a draft of two additional articles proposed
to be incorporated in the convention between Denmark and the United States
of America, which was made at Copenhagen the 24th of October, 1867, and
of an argument made by Governor Birch in support of the proposition, to-
gether with a memorial which has been addressed to the royal commissioners
by citizens, merchants of St. Thomas and St. John.

The President has promptly given attention to the subject presented by
these papers, and I am now to communicate to you the result.

You will inform the royal commissioner extraordinary that in so great a
transaction as the cession of territory and dominion by one sovereign to
another it is difficult, if not impossible, to adjust minute arrangements in detail
concerning the future government of the ceded territory. All reservations
and conditions made by the ceding sovereign necessarily impair the sovereignty
of the receiving power, and equally tend to embarrass its legislation and to lay
the foundation of ultimate difference and controversy between the contracting
powers.

Second. The Constitution of the United States reserves to the Senate the
power to ratify, and to refuse to ratify, the treaty made by the President, and
the constitution of Denmark equally reserves to the legislature of Denmark
the same absolute control over the subject. While the respective chief magis-
trates concluding the treaty might well suppose that they possess sufficient
ability to adjust such details by contract, the assumption that they could so

1 U. S. Sen. Doc. No. 231, pt. 8, 56th Cong., 2d sess., p. 215.

ST. THOMAS AND ST. JOHN, 1868 973

adjust them as to obtain the consent of the two ratifying bodies, and foreclose
future legislative action by the Congress of the United States indefinitely, or
for a term of years, would be exceedingly presumptuous. The United States
have proceeded upon broad considerations of political advantage to themselves
in receiving the cession of St. Thomas and St. John from Denmark, but they
have not overlooked the rights and interests of the inhabitants of the ceded
islands.

Our constitutional system of government is established upon the principle
that every people incorporated into the American Union by annexation, or
even by conquest, acquire, in the act of annexation, their due and equal share
in the protection of the United States and of the liberties and rights of
American citizens. Another principle is found at the base of the American
Constitution, which is that every community which is received into the national
family secures rights and privileges of local self-government with due repre-
sentation in the councils of the Federal Union.

It is believed by the United States that no portion of the American people
can need or reasonably desire any higher or broader guaranties for the pro-
tection of life, liberty, and property than those which the Constitution of the
United States affords equally and indiscriminately to all the States and the
whole American people. The United States are an aggregation of forty-
seven distinct political communities, thirty-seven of which are States and ten
preparing to be States. They occupy a region which extends from the Gulf
of Mexico to the Arctic Ocean, and which stretches from the Atlantic coast
to the furthermost of the Aleutian islands in the Pacific Ocean.

All these political communities have at some time belonged to foreign states
and empires.

Such has been the benignant operation of self-government in the United
States that no one of these distinct communities could now be induced to
assume independence, much less to return to its ancient allegiance, or to
accept any other soyereign.

The questions which Governor Birch presents in his proposed amendments
were long and elaborately discussed, and were finally overruled in the debates
which preceded the treaty of Copenhagen.

The United States were unwilling to make the treaty conditional upon
the consent of the people of the islands ceded, because, first, they suppose that
the King and legislature of Denmark would not, in any case, make a treaty
prejudicial to the rights and liberties of those inhabitants; and secondly,
because they were satisfied that, through the constitutional guarantees 1 have
alluded to, the inhabitants would secure rights superior even to those which
they have so long enjoyed as a colony under the protection of Denmark.
The popular vote which is to be taken in the islands is asked by the Danish

974 DOCUMENTS

Government for its own satisfaction, and not for that of the United States.
It is, therefore, a Danish question, into which the United States can in no case
enter. They are willing to accept the cession, if notified by the Senate and
confirmed by the Rigsdag of Denmark.

In the judgment of the President supplemental negotiations would only tend
to embarrassment and delay, while they are deemed altogether unnecessary.
I am therefore not at liberty either to negotiate upon the subject with the local
authorities or the royal commissioner extraordinary here, or to reopen the
negotiations already closed at Copenhagen.

Your agency at St. Thomas was, as you are aware, constituted in deference
to wishes expressed by the Danish Government. I am happy to learn from the
royal Danish commissioner, now here, that he anticipates no considerable
obstacle or delay of the proceeding with which he is charged at that place, and
that he is aware of no necessity for further attendance on your part. Under
these circumstances the agency will be terminated.

I give you the President's thanks for the propriety, ability, and fidelity
with which you have performed duties equally delicate and important.

I am, sir, your obedient servant,

WiLLiam H. SEWARD.
Rev. Charles Hawley, etc., St. Thomas.

The Result of the Election!

St. Thomas, Saturday, January 11, 1868

According to official announcement, the poll was opened on Thursday morn-
ing, 9th, precisely at 8 o'clock. The board appointed to conduct the poll
consisted of the Honorable Judge Rosenstand, chairman; Messrs. S. B. Lange,
G. W. Smith, E. de Leon, and H. Krebs. Present were His Eixcellency
Chamberlain Carstensen, K.D.; His Excellency Governor Birch, K.D., and
His Excellency Chamberlain Rothe, K.D. The first ticket (blue) put in the
urn was by Mr. James B. Gomez, native proprietor and' head of a family.
From that time to the closing of the poll the tide of voters continued without
abatement. At the close the polling stood thus:

For the cession (blue) ..............,............................. 742
Supplemental votes (blue) ......................................... 297
1,039

Against the cession (white) ..........................,............ 21
Supplemental votes (white) ..............................,......... 1
22

1 From the St. Thomas Tidende, January 11, 1868. U. S. Sen. Doc. No. 231, pt. 8, 56th
Cong., 2d sess., p. 221.

ST. THOMAS AND ST. JOHN, 1868 975

When we bear in mind that the population is 13,000, from which must be
deducted women, children, old, infirm, and the fluctuating portion (transient)
that of course does not come within the requirements for qualifying a voter,
it is too evident that a more satisfactory vote could not well be expected.

The result could not otherwise than have been satisfactory to every partici-
pant therein, and doubly so to those who ventured to predict its success. The
majority for the cession of the islands is so overwhelmingly great compared
with those against it, that it admits of no comparison, while the action of the
voters on the blue tickets exhibits a peculiarity unusual in the transactions of
men, since it can justifiably be said of them that they have pleased and served
both parties — a circumstance that it will be owned is not common in voting.
The voters have really conformed to the wishes of His Majesty the King, on
the one side, and at the same time reasonably met the wishes of the United
States Government on the other.

The success of the blue ticket relieves both contracting parties from an
embarrassing position, since it would have been hard to tell how the treaty
could have been finally ratified on either side in the absence of a successful
plébiscitum, the onlv modern method by which one people may now be in-
corporated with another, and at the same time exempt the contractors from the
odium of having handed over their citizens or subjects as simply materials for
purchase and sale. It is gratifying to know that while the election naturally
produced a certain amount of excitement in the minds of the inhabitants (a
goodly portion of which is naturally unfamiliar with manhood suffrage),
nevertheless, order and good will seemed to animate everyone, and it may be
said that not one indecent act occurred, although, independent of the voters,
hundreds of people were drawn from their homes to witness what was go-
ing on.

MR. PERKINS TO MR. SEWARD

No. 125.) St. Thomas, West Indtes, January 13, 1868.

Sir: I have the honor to inform you that Chamberlain Carstensen, the
Danish royal commissioner extraordinary, returned here from Washington
on the 1st instant, and in accordance with his publication of that date the
voting by the inhabitants of St. Thomas and St. John on the cession of these
islands to the United States took place in the former on the 9th and in the
latter on the roth instant, and the result, which I have forwarded to you by
telegram from Cuba, has been most satisfactory. In St. Thomas there were
1,039 votes in favor of annexation and only 22 against it. In St. John 205

976 DOCUMENTS

in favor and none against it. The colored people and the blacks were all
in favor of the United States, and the merchants in St. Thomas, from whom
I apprehended the chief opposition, behaved remarkably well. Many voted
for us and but few against us, while others abstained from voting. It was
a holiday here among the people and great enthusiasm was manifested. Early
in the day a large number of voters, carrying the American flag and preceded
by a band of music, marched to the poll accompanied by a throng of people,
the band playing, ‘ Hail Columbia.” The mass of the people are rejoiced at
the thought of becoming American citizens.

Good order prevailed throughout the day. There has been no naval or
other representative of our Government here for some time except Vice-Consul
Simmons and myself.

I inclose paper containing the commissioner's address on his return, etc., in
separate envelope.

I have the honor to be, your obedient servant,

E. H. PERKINS,

United States Consul.
Hon. William H. Seward,

Secretary of State, Washington.

The Period of 1871-1914

ST. BARTHOLOMEW, WEST INDIES, 1877

Treaty Between France and Sweden for the Retrocession of the Island of St.

Bartholomew by Sweden to France.

TRAITÉ

Le Président de la République fran-
caise et Sa Majesté le roi de Suède et
de Norvége ayant reconnu, d'un mu-
tuel accord, les avantages qui doivent
résulter de la réunion de l’île de Saint-
Barthélemy aux possessions fran-
caises, ont décidé de conclure un traité
a cet effet, et ont nommé pour leurs
plénipotentiaires, savoir :

Lesquels, après s'étre communiqué
leurs pleins pouvoirs, trouvés, ‘en
bonne et due forme, sont convenus des
articles suivants :

ARTICLE 1. Sa Majesté le roi de
Suède et de Norvège rétrocède à la
France Vile de Saint-Barthélemy et
renonce, en conséquence, pour lui et
tous ses descendants et successeurs, à
ses droits et titres sur ladite colonie.
Cette retrocession est faite sous la ré-
serve expresse du consentement de la
population de Saint-Barthélemy et, en
outre, aux conditions énumérées dans
un protocole spécial, qui sera annexé

Signed at Paris, August 10, 1877 !

TREATY

The President of the French Re-
public and His Majesty the King of
Sweden and Norway, having recog-
nized by mutual accord the advan-
tages which should result from the
union of the Island of St. Bartholo-
mew to the French possessions, have
decided to conclude a treaty to that
effect, and have named as their
Plenipotentiaries, that is to say:

[ Here follow the names of plenipo-
tentiaries. ]

Who, having communicated their
full powers, found in good and due
form, have agreed as to the following
articles:

ARTICLE l. His Majesty the King
of Sweden and Norway cedes back to
France the Island of St. Bartholo-
mew and renounces, in consequence,
for himself and all his descendants
and successors all rights and titles
over this colony aforesaid. This
retrocession is made under the ex-
press reservation of the consent of the
population of St. Bartholomew and
moreover, under the conditions enu-

1 De Martens, N. R. G., 2d series, vol. 4, p. 366; de Clercq, Recueil, vol. 12, p. 35. The

ratifications were exchanged March 6, 1878.

978

au présent traité et considéré comme
en faisant partie intégrante.

ARTICLE 2. Le présent traité et le
protocole annexe seront ratifiés, et les
ratifications en seront échangées aus-
sitôt que faire se pourra.

En foi de quoi, les plénipotentiaires
respectifs ont signé le présent traité et
y ont apposé le sceau de leurs armes.

Fait à Paris, le 10 août 1877.
DECAZES.
G. ADELSWARD.

DOCUMENTS

merated in a special protocol, which
shall be annexed to the present Treaty
and shall be considered as forming an
integral part of it.

ARTICLE 2. The present treaty
and the protocol annexed, shall be
ratified, and the ratifications shall be
exchanged as soon as may be.

In token of which, the respective
Plenipotentiaries have signed the
present treaty and have affixed to it
the seal of their arms.

Done at Paris, August 10, 1877.

DECAZES.
G. ADELSWARD.

Protocol After the Plebiscite, Regarding the Details of the Delivery of the

Island to France.

Les soussignés, munis des pleins
pouvoirs de leurs gouvernements a
l’effet de réglementer la rétrocession
de l’ile de Saint Barthélemy a la
France, stipulée par le traité signé a
Paris, le 10 aoút dernier, sont con-
venus des dispositions suivantes :

ART. 1. La population de l'ile
de Saint-Barthélemy ayant été con-
sultée conformément à l'article 1°" de
la convention ci-dessus rappelée, en
faveur d'une réunion de cette ile aux
possessions françaises, les sujets de
la couronne de Suède domiciliés dans
ladite ile ou dans les îlots qui en dé-
pendent sont déliés de tout lien de
sujétion envers Sa Majesté le roi de
Suède et de Norvège, ses descendants

October 31, 1877 !

The undersigned, furnished with
full powers by their governments for
the purpose of effecting the retroces-
sion of the Island of St. Bartholomew
to France, stipulated by the Treaty
signed at Paris the tenth of August
last, are agreed on the following ar-
rangements.

ARTICLE 1. The population of the
island of St. Bartholomew having
been consulted according to the terms
of Article 1 of the convention re-
ferred to above and having pro-
nounced in favor of a union of this
island with the possessions of France,
the subjects of the Crown of Sweden,
domiciled in said island or in the
islands which are dependent on it, are
relieved of all allegiance towards his

1 De Martens, N. R. G., 2d series, vol. 4, p. 367; de Clercq, Recueil, vol. 12, p. 37.

ST. BARTHOLOMEW, WEST INDIES, 1877

et successeurs, et la nationalité fran-
caise leur sera acquise de plein droit à
dater du jour de la prise de possession
par l’autorité francaise.

ARTICLE 2. Toutefois, il demeu-
rera loisible aux personnes domiciliées
dans l’ile de Saint-Barthémy et étant
en possession de la qualité de sujets de
la couronne de Suéde, de s'assurer, si
elles préfèrent, la conservation de
cette qualité moyennant une déclara-
tion individuelle faite à cet effet de-
vant l’autorité de l’ile; mais, dans ce
cas, le Gouvernement frangais se ré-
serve la faculté d’exiger qu’elles
transportent leur résidence hors du ter-
ritoire de Saint-Barthélemy.

Le délai dans lequel pourra se faire
la déclaration d’option prévue au para-
graphe précédent sera d'un an à dater
du jour de l'installation de l’autorite
francaise dans l’ile de Saint-Barthé-
lemy.

Pour les personnes qui, à cette date,
n’auront pas l’âge fixé pour la ma-
jorité par la loi érançaise, le délai d'un
an courra à partir du jour où elles at-
teindront cet age.

ARTICLE 3. La France succède
aux droits et obligations résultant de
tous actes régulièrement faits par la
couronne de Suéde ou en son nom
pour des objets d'intérét public ou do-
manial concernant spécialement la
colonie de Saint-Barthélemy et ses dé-
pendances.

979

Majesty, the King of Sweden and
Norway, his descendants and suc-
cessors, and shall receive full French
nationality dating from the day when
the French Government shall take
possession.

ARTICLE 2. It shall, moreover, re-
main open to the persons domiciled
in the Island of St. Bartholomew and
in possession of the status of subjects
of the Crown of Sweden, to preserve
this status if they so prefer, by means
of an individual declaration made to
this effect before the proper authori-
ties of the Island; but, in this case,
the French Government reserves the
right to demand that they shall re-
move their residence outside the
territory of St. Bartholomew.

The period in which the declaration
of option provided for in the preced-
ing paragraph may be made shall be
one year, dating from the day of the
installation of the French Govern-
ment in the Island of St. Bartholo-
mew.

For those persons, who, at that
date, shall not have attained the age
of majority as fixed by French law,
the period of one year shall run from
the day when they will attain this age.

ARTICLE 3. France succeeds to the
rights and obligations resulting from
all acts regularly transacted by the
Crown of Sweden, or in its name, in
the interest of the public or of the
Crown which especially concern the
colony of St. Bartholomew and its
dependencies.

980

DOCUMENTS

Statement of the Reasons for Support of the Bill Approving the Treaty,
Presented to the French Chamber of Deputies by Duke Decazes, Minister

of Foreign Affairs.

MM. Dans le courant de l’année
derniére, le cabinet de Stockholm nous
a fait des ouvertures en vue d'une
rétrocession de l’ile Saint Barthélemy
à la France. . Cette ile, l’une des plus
petites parmi les Antilles, compte en-
viron 2,400 habitants et mesure 25
kilométres de circonférence; elle nous
appartenait depuis plus d'un siècle
quand, en 1784, elle fut cédée par le
roi Louis XVI a la Suede en échange
du droit accordé à la France d'établir
à Gothenbourg un entrepot de mar-
chandises francaises.

Les raisons qui avaient motivé
l'abandon de cette possession à la
Suède puisaient leur force à la fois
dans l'intérét des deux puissances et
dans celui de la colonie elle-même.
Mais les circonstances ont changé.
Les considérations qui avaient déter-
mine cet arrangement n'ont plus au-
jourd'hui aucune valeur politique ni
commerciale pour les parties contrac-
tantes, et la Suède, en ce qui la con-
cerne, avait depuis quelques années
déjà formé le projet de renoncer au
‘bénéfice de ces stipulations.

Quant aux habitants de Saint-Bar-
thélemy, sous la souveraineté de la
couronne de Suede, ils ont eu à subir
des fortunes diverses. Leur ile avant
pu échapper á la plupart des difficultés

1 De Clercq, Recueil, vol. 12, p. 37.

November 12, 1877 1

GENTLEMEN. In the course of the
past year the cabinet of Stockholm
made overtures to us with a view to
the retrocession of the island of Saint
Bartholomew to France. This island,
one of the smallest among the
Antilles, counts about 2400 inhabit-
ants and measures 25 kilometers in
circumference; it had belonged to us
for more than a century when, in
1784, it was ceded by King Louis
XVI to Sweden in exchange for the
right accorded to France of establish-
ing at Gothenburg a warehouse for
French merchandise.

The reasons which actuated the
abandonment of this possession to
Sweden drew their force at one and
the same time from the interest of
the two powers and that of the colony
itself. But circumstances have
changed. The considerations which
had determined this arrangement
have today no longer any value,
political or commercial, for the con-
tracting parties, and Sweden as far as
she is concerned, had, several years
ago, already formed the plan of re-
nouncing the benefit of these stipula-
tions.

As to the inhabitants of Saint
Bartholomew, they have had to sub-
mit to diverse fortunes under the
sovereignty of the Crown of Sweden.
Their island, having succeeded in es-

ST. BARTHOLOMEW, WEST INDIES, 1877

qui, lors de nos grandes guerres, [qui]
ont paralysé l'essor des colonies voi-
sines, demeurées francaises, a vu pen-
dant un temps son commerce s’accroi-
tre et sa prospérite s'affermir. Mais
arrivée au point où elle aurait eu
besoin d'une vigoureuse impulsion
pour développer encore ses res-
sources, elle est restée stationnaire et
son isolement a rendu presque forcé-
ment stériles les efforts tentés en sa
faveur, sous différentes formes, par la
paternelle administration suédoise.

La population det l’ile de Saint-
Barthélemy n'avait donc aucune ob-
jection contre le projet de la Suéde
d'aliéner cette dépendance, et il luî
convenait avant tout, si elle était dé-
tachée de sa métropole d’adoption, de
se trouver rattachée à sa patrie d'ori-
gine.

La résolution prise par le Gouverne-
ment suédois de renoncer à la posses-
sion de l’ile Saint-Barthélemy, doit
être attribuée surtout à la difficulté qui
existe pour lui, de l’administrer. Au-
jourd’hui que la marine royale de
Suède et de Norwege confine de pré-
férence sa navigation aux eaux scan-
dinaves, et trouve sa destination prin-
cipale dans la défense des cótes des
deux Royaumes-Unis, c'est une charge
sans compensation suffisante que l’ob-
ligation de détacher chaque année une
frégate, afin de maintenir, par delà

l'Atlantique, les rapports officiels de la .

couronne avec une possession loin-
taine et solitaire. Pour la France qui
entretient aux Antilles une division
navale et qui, à la Guadeloupe et à la

981

| caping most of the difficulties which,

during our great wars, paralyzed the
scope of the neighboring colonies
which had remained French, had seen
for a time its commerce increased and
its prosperity established.

But, arrived at the point where it
should have had a vigorous impulse
to develop its resources further, it re-
mained stationary, and its isolation
almost perforce rendered sterile the
efforts made in its favor, under
various forms, by the paternal
Swedish government.

The population of the island of
Saint Bartholomew had therefore no
cbjection whatever to the proposition
of Sweden to alienate this depend-
ency, and above all it was pleased, if
it was to be detached from its adopted
mother, to find itself again attached
to the country of its origin.

The resolve taken by the Swedish
government to renounce the posses-
sion of the island of Saint Bartholo-
mew must be attributed especially to
the difficulty that exists in administer-
ing it. Now when the royal navy of
Sweden and Norway prefers to con-
fine its navigation to Scandinavian
waters, and finds its principal use in
the defence of the coasts of the two
United Kingdoms, the obligation to
edetach a frigate every year for the
purpose of maintaining, on the other
side of the Atlantic, the official rela-
tions of the Crown with a distant and
solitary possession, is a charge with-
out sufficient compensation.

For France who maintains a naval
division in the Antilles, and who, at

982

Martinique, possède une administra-
tion coloniale compléte, fonctionnant
régulièrement de toutes pièces dans le
voisinage le plus proche de Saint-
Barthélemy, la situation est tout
autre; la tache serait relativement
aisée de relever cette colonie de son
état d'affaissement actuel et de tirer
parti de ses ressources.

Cette conviction nous a permis d'ac-
cueillir favorablement les ouvertures
qui nous étaient faites par le gouverne-
ment suédois, et nous pouvons, au-
jourd'hui, unir de nouveau á nos pos-
sessions des Antilles une population
d'origine francaise qui, pendant une
séparation bientôt séculaire, a conservé
la langue et les moeurs de la France.

Nous nous sommes mis facilement
d'accord avec le cabinet de Stockholm
sur le principe de la rétrocession. La
seule condition essentielle à laquelle le
roi de Suede entendait qu'elle fut sub-
ordonnée était l'assentiment des habi-
tants de l'ile exprimé par un vote
populaire. Cette demande était trop
conforme à notre propre sentiment et
aux règles de notre droit public pour
que nous y fissions des objections.
En conséquence, le ministre des af-
faires étrangères a signé avec M. le
ministre de Suede à Paris, sous la date

du 10 août dernier, le traité que nous?

avons l'honneur de vous soumettre, et
qui, stipulant la rétrocession de l’ile de
Saint-Barthélemy à la France, sous la
réserve du consentement de la popula-
tion intéressée, renvoyait á un proto-
cole spécial le règlement des condi-

DOCUMENTS

Guadeloupe and Martinique, pos-
sesses a complete colonial administra-
tion, functioning regularly in all
matters in the immediate vicinity of
Saint Bartholomew, the situation is
quite otherwise: the task would be
comparatively easy to raise this
colony from its state of present weak-
ness and to turn its resources to ac-
count.

This conviction allowed us to re-
ceive favorably the overtures which
were made to us by the Swedish gov-
ernment, and we can now again join
to our possessions in the Antilles a
population of French origin which,
during a separation of very nearly a
century, has preserved the language
and the customs of France.

We have easily come to an agree-
ment with the cabinet of Stockholm
on the principle of the retrocession.
The only essential condition to which
the King of Sweden required it to
be subordinated, was the consent of
the inhabitants of the islands, ex-
pressed by a popular vote. This de-
mand was too much in conformity
with our own sentiment and with the
rules of our public law for us to make
any objections. In consequence, the
Minister of Foreign Affairs signed
with the Minister of Sweden at Paris,
under date of August 10 last, the
treaty which we have the honor to
submit to you, and which, stipulating

.the retrocession of the islands of

Saint Bartholomew to France, under
reservation of the consent of the
population interested, left to a special

ST. BARTHOLOMEW, WEST INDIES, 1877

tions subsidiaires du transfert de sou-
veraineté.

Il a été convenu que, pendant que
seraient débattus les termes de ce pro-
tocole, le gouvernement royal de
Suède ferait procéder sur les lieux à
une consultation des habitants de la
colonie.

Ils ont été appelés effectivement à
déposer leurs votes, et 351 individus
ayant pris part au scrutin, 350 se sont
prononcés en faveur de la réunion à
la France ; un seul suffrage a été donné
en sens contraire.’

Ce résultat acquis, la rédaction du
protocole formant annexe du traité de
rétrocession et présenté en même
temps que lui à votre approbation, a
pu être définitivement arrêté. Cet
acte a été signé le 31 octobre.

Les clauses qui y figurent se justi-
fient généralement par leur teneur
même et demandent peu d'explica-
tions.

En vous demandant d'accorder à cet
ensemble de dispositions la haute con-
sécration de vos suffrages, nous avons
l'espoir de nous rencontrer avec vous
dans un commun sentiment de satis-
faction nationale, justifié, nous n'hési-
tons pas à le dire, à la fois par l’objet

983

protocol the arrangement of sub-
sidiary conditions for the transfer of
sovereignty.

It was agreed that, while the terms
cf this protocol were being discussed,
the royal government of Sweden
should proceed, on the spot, to a con-
sultation of the inhabitants of the
colony,

They have been, in fact, called to
cast their votes, and 351 persons hav-
ing taken part in the balloting, 350
have pronounced themselves in favor
of the reunion with France; one
single vote was cast in a contrary
sense.

This result attained, the drafting of
the protocol forming an annex to the
treaty of retrocession and presented
to your approbation at the same time
with it, could be finally concluded.
That act was signed on October 31.

The clauses contained therein gen-
erally justify themselves by their own
tenor, and require little explanation.

In asking you to accord to this col-
lection of provisions the great conse-
cration of your votes, we have the
hope that we may meet with you in
a common sentiment of national
satisfaction, justified, we do not
hesitate to say, both by the object and

1 A note appended to the document states that according to a census taken at the end of
December, 1875, the population of the island of Saint Bartholomew is as follows:

Under 15 Between 15 Over 60
years of age and 60 years years Total
Male .............. 401 557 60 1,018
Female ............ 416 828 112 1,356
Total .......... 817 1,385 .. 172 2,374

984

et par les phases successives de la né-
gociation qui vient de vous étre ex-
posé. La spontanéité de l'offre qui
nous a été déférée, la vivacité persis-
tante des souvenirs qu'elle a eu pour
effet de réveiller, l’unanime et tou-
chante démonstration qui nous a été
adressée de l’autre côté de l'Océan,
sont des témoignages auxquels notre
patriotisme n’a pu demeurer insensi-
ble. Nous avons saisi, non sans quel-
que émotion, nous devons l'avouer,
l'occasion de rattacher à la patrie, dont
sur une rive lointaine elle avait gardé
si fidèlement le culte, cette petite colo-
nie essentiellement française.

Vous aussi, nous en avons l'assur-
ance, vous estimerez le prix de l’acqui-
sition qui nous est proposée, non
d'apres l'étendue du territoire ou le
nombre des sujets, mais d’après la
valeur morale de ce pieux attachement
pour la France.

DOCUMENTS

the successive phases of the negotia-
tion which we have just revealed to
you. The spontaneity of the offer
which has been tendered to us, the
persistent vivacity of the memories
that 1t had the effect of awakening,
the unanimous and touching demon-
stration addressed to us from the
other side of the ocean, are testi-
monies to which our patriotism could
not remain insensible. We have
seized, not without some emotion, we
must confess, the occasion to reat-
tach this little colony, essentially
French, to the country whose wor-
ship it has so faithfully guarded on a
distant shore.

You too, we feel assured, will
estimate the price of the acquisition
which is proposed to us, not according
to the extent of territory or the
number of subjects, but according to
the moral value of this pious attach-
ment for France.

THE TACNA-ARICA QUESTION, 1883—.

Extracts from the Correspondence Between the Secretary of State of the
United States and the United States Minister Plemipotentiary to Chile.
June 26, 1882-July 2, 1883 *

MR. FRELINGHUYSEN TO MR. LOGAN

Department of State, Washington, June 26, 1882.
SIR:

The war between Peru and Bolivia on the one side and Chili on the other
began more than three years ago. In 1880 the substantial success of Chili
and its conquest and occupation of ‘all the littoral territory of Bolivia, fur-
nished an opportunity for a pause in operations and for negotiations for peace,
which were conducted in the presence of the representatives of the United
States. At that time a peace could probably have been secured upon much
more favorable terms for the defeated party than are possible now. The
allies refused then to concede territory to Chili, and the negotiations failing,
the war was continued until Chili became master of the coast and of the cap-
ital of Peru. President Pierola fled, and Mr. Calderon was made President
_ and Mr. Montero Vice-President of Peru. This Government was recognized

by the United States. The Chilian authorities arrested Mr. Calderon and
carried him to Chili, and the United States continued to recognize the same
Government in the person of Mr. Montero.

After the arrest of Mr. Calderon the President sent a special mission to
both countries in the hope that a way might be found for terminating the
war through the exercise of the good offices of the United States. It was
hoped that Peru and Bolivia might, through our generous and unselfish coun-
sels, be brought to see that Chili, as a conqueror, had a right to substantial in-
demnity as the result of victory. On the other hand, it was also hoped that
Chili might be found willing to accept a money indemnity sufficient to com-
pensate her for the losses and expenses of war without demanding a sacrifice
of territory from the other belligerents. All these hopes proved to be ground-
less. The mission returned, having effected nothing beyond giving new
proof to all parties of the good will of the United States, and of their desire
to bring about an equitable and lasting peace.

1 United States, Foreign Relations, 1883, p. 74.

986 DOCUMENTS

Notwithstanding the failure of past efforts, we have reason to think that
both parties still wish for peace, and that both still desire to have it effected
through the good offices of the United States. It will therefore be the first
and most pressing duty of the new missions to Chili and Peru to cooperate
for that purpose.

As a conquering nation Chili is entitled to the reasonable and natural fruits
of victory, chief among which are an indemnity to cover her just losses and
a guaranty of future peace and safety. What may be the nature of the
indemnity and what that of the guaranty, this Government can not undertake
to dictate or to prescribe. A proper indemnity may involve a payment of
money or even the cession of territory, and the guaranty, to be effectual, may
exact stipulations relating to the control of strategic points or may even as-
sume other forms as they may be found necessary to attain the end desired.
We, in common with the other American Republics, are only interested to
prevent by our counsels the perpetration of substantial injustice. The Pres1-
dent has been disappointed by the failure of the parties to conclude a peace.
Without completely subjugating her adversary, Chili has caused the disor-
ganization of the Government of Peru, paralyzed its financial interests, and
disastrously affected the pecuniary and other interests of those citizens of
neutral states who have gone there to assist in the development and progress
of the country.

This state of affairs should be terminated, and will be if friendly counsels
are allowed to prevail. If, upon your arrival in Chili, it seems advisable so
to do, you will in a prudent and courteous manner communicate the substance
of these views to the Chilian Government at such time and to such extent as
you may deem proper, and you will signify your disposition, under instruc-
tions of your Government, to render every assistance within your power to-
wards bringing about the much-desired settlement.

Owing to the great distance of Chili from the United States and the rapiJ-
itv of events in such crises, it will be impossible for you to communicate with
this Government for instructions upon subjects which may be settled before
an answer can reach you; much, therefore, must be left to your own judgment
and discretion.

It is understood that Chili is in possession of the littoral province of Bolivia
and of the Peruvian littoral provinces of Tarapaca, Tacna, and Arica. It is
not supposed that any contingency can happen which will bring about the
permanent occupation and annexation by Chili of any larger part of Peru
than this. Your efforts, therefore, must be directed towards securing for

THE TACNA-ARICA QUESTION, 1883— 987

Peru as large a part of these provinces in the treaty of peace as possible, and
as large a money indemnity as possible for whatever territory may be retained
by Chili. |

In my instructions to Mr. Trescot, of the 9th of January last, 1 said:

The President wishes in no manner to dictate or make any authoritative
utterance to either Peru or Chili as to the merits of the controversy existing
between those Republics, or as to what indemnity should be asked or given,
as to a change of boundaries or as to the personnel of the Government of Peru.
The President recognizes Peru and Chili to be independent Republics, to which
he has no right or inclination to dictate.

The President adheres to those views and expects that they will be regarded
in the conduct of these negotiations.

I am, &c.,
FRED’K T. FRELINGHUYSEN.

MR. LOGAN TO MR. FRELINGHUYSEN
(Extract)
Legation of the United States,

Santiago, October 26, 1882.
SIR:

Under cover of this dispatch I inclose the copy of a note addressed by my-
self to the minister of foreign affairs, covering in a brief and compact form
the history of the recent peace negotiations with Sefior Garcia Calderon.
My previous dispatches to you embrace the same subject in a much more
detailed and extended form.

I have, &c.,
C. A. Logan.

(INCLOSURE)
MR. LOGAN TO SENOR ALDUNATE
Legation of the United States,
Santiago, October 18, 1882.
SIR: SE
I have the honor to acknowledge the receipt of your excellency’s esteemed
note of yesterday, requesting me to furnish you a brief statement of the vari-

988 DOCUMENTS

ous attempts to agree upon a basis of terms for a treaty of peace between Chili
and Peru.

In reply I beg leave to assure you of the pleasure it will afford me to give
you a short history of the negotiations referred to.

At the interview held with your excellency after the interchange of notes
under date of September 9 ultimo, I stated to you that, as my Government
could not feel that the terms of the protocol of Viña del Mar were such as it
could recommend Peru to accept, I was anxious that some substantial modifi-
cation of those terms might be made, in order that my Government could be
able to use its good offices in bringing about a peace between its friends. After
further consultation, you said that the demands of Chili would be reduced
practically to three conditions: first, the cession of Tarapaca; second, the
right to purchase the district of Tacna and Arica for a nominal sum of money:
and, third, the right to control the sale of guano advertised for the 18th of
October. You further said that these conditions were absolute and final.

I then had a conference with Señor Calderon, to ascertain what his views
would be upon these conditions. This Gentleman said that without some
authoritative expression from his people he did not feel at liberty to agree
to any peace upon the basis of a.cession of territory. He desired a truce of
three years, during which time the opinions of the Peruvians might be unified
and a line of action clearly defined. I presented this request for a truce to
your excellency, who immediately declined to entertain the proposition. I
then requested permission to allow Sefior Calderon to go to Peru for a short
time, in order to consult his people upon making a peace upon the terms pro-
posed by your excellency. It was not deemed expedient to grant this request.
I then asked that he be permitted to go to Angol, where a number of prominent
Peruvians are domiciled, and offered to accompany him in person. This per-
mission was granted, and our voyage to that place was facilitated by your
excellency.

At Angol we had long consultations with Sefior Calderon’s friends, and
a conclusion was arrived at which rendered me entirely confident that Señor
Calderon would be able to comply with the requirements of your excellency’s
Government.

Soon after our return to Santiago, my understanding is, that Sefior Cal-
deron received advices directly from his people in Peru, which seemed posi-
tively to prohibit his making an agreement to sell the territory of Tacna and
Arica, though he felt fully authorized to consent to the cession of Tarapaca.
In consequence of these advices Sefior Calderon has steadily refused since
that time to consent to a direct sale of the territory alluded to.

This decided opposition of the parties has given rise to the various efforts
at a compromise. These efforts have been made upon the basis of several

THE TACNA-ARICA QUESTION, 1883— 989

proposals, mostly originated by myself, and may briefly be enumerated as fol-
lows:

First. In order to remove the difficulty regarding the sale of Tacna and
Arica, I proposed a treaty on the basis of ceding Tarapaca, with a separate
article presenting the question of Tacna and Arica, to the Peruvian Congress
for its own decision, without any recommendation from Sefior Calderon.
This proposal was declined, both by your excellency and Sefior Calderon.

Second. I proposed to make the river Azufre the boundary line, giving
Arica to Chili and Tacna to Peru. This proposal was not accepted by either
party.

Third. This suggestion came from your excellency’s Government, and
was made into a formal proposal by myself. Owing to a mistake of my own,
as to one of the conditions, the proposition was first made to Sefior Calderon
as follows: Chili to have military occupation of Tacna and Arica for five
years, at the end of which time a vote to be taken by the people of the terri-
tory to determine whether they would attach it to Chili or to Peru. If the
vote took the territory to Chili the latter was to pay Peru $10,000,000 in com-
pensation. Chili was to pay Peru $3,000,000 as a loan, upon the ratification
of the treaty, and if Chili afterwards obtained the territory by a vote of the
people thereof, this amount was to be deducted, leaving Chili seven millions
still to pay. If the territory went to Peru, the latter was to repay the three
millions with 6 per cent. interest, and Chili was to retain possession of the
territory until the whole amount was paid.

The mistake made by me above referred to, was that your excellency’s
Government, while being willing to pay $10,000,000 for the territory, if voted
Chili, also expected to receive $10,000,000, if voted to Peru.

Sefior Calderon, however, refused the proposal in its more favorable form,
and it was useless to present it to him in the other form, even if 1 had felt
authorized to commit my own Government to it in that shape.

Fourth. I proposed to Sefior Calderon that Chili should have military
occupation of Tacna and Arica for ten years, and then evacuate it. He de-
clined this, and it was not presented to your excellency.

Fifth. I proposed to submit the following question to the President of the
United States, in the capacity of a friendly arbitrator :

“ Shall the Chilian Government as a measure growing out of the necessities
and manner of settlement of the war have the right to purchase the Peruvian
territory lying between the river Camarones and the river Sama, for the sum
of $9,000,000, with the stipulation that Bolivia shall be given the perpetual
right to the free and innocent passage over said territory, with perpetual free-
dom from export and import duties, upon the conclusion of a satisfactory
treaty between the latter Republic and the Republic of Chili?”

990 | DOCUMENTS

Sefior Calderon accepted this proposal, but your excellency declined it,
chiefly for two reasons; firstly, because to refer such a question at this time
to a foreign ruler would be practically to place the results of the war in the
hands of a foreign state, which would be an infringement upon the sover-
eignty of Chili; and secondly, because to admit the possibility of a decision
against Chili, would be to yield all claim upon the district in question, a claim
which she has constantly made since the conference of Arica.

Sixth. I then proposed to Sefior Calderon that Tacna and Arica should
be ceded to Bolivia. This proposal he declined, and it was not presented,
therefore, to your excellency.

Seventh. I then proposed that the following question be submitted, not to
the head of a foreign Government, but to a diplomatic representative friendly
to both parties, who should simply be regarded in the light of an impartial
referee:

“ Shall Chili have the right to purchase the territory embracing Tacna and
Arica for $9,000,000, or shall she have military occupation of the said terri-
tory for a period of fifteen years, being obliged to evacuate it at the expira-
tion of that period?”

As this proposition removed your excellency’s objection to a foreign ruler,
and also secures either the purchase of the territory or its occupation for fif-
teen years, your excellency consented to accept it, in substance, as the basis
of a negotiation. Señor Calderon also consented to it, and I rejoiced in the
belief that we were to have peace at last.

When we came to the arrangement of details of procedure, Sefior Calderon
made certain stipulations to the effect, first, that a clause should be inserted
in the treaty, that Chili should pay all of the legitimate debts of Tarapaca,
and “ make arrangements conducing to a compliance with the contracts of the
Peruvian creditors ”; secondly, he proposed making a protocol with the Amer-
ican minister at Santiago, setting forth the terms of the agreement, after
which he was to be put in liberty and proceed to Arequipa; he was then to
assume direction of his Government, and nominate a plenipotentiary in Lima,
to sign with the Chilian representative a truce for six months; thirdly, after
the signing of the truce, an election was to be held in Peru for members to
a new Congress, to deliberate upon the proposed terms of peace, which, if
ratified by the Congress, were to be embodied in a formal treaty to be signed
by ‘authorized plenipotentiaries on both sides, at Lima; fourthly, in case of
non-ratification by the Congress, notice thereof to be given to Chili, who might
resume hostilities thirty days after receiving it.

In defense of these stipulations, Señor Calderon urged that Arequipa was
the capital of Peru, and that he would have to observe the form of again
assuming direction of the Government; that to hold the Congress in Lima

THE TACNA-ARICA QUESTION, 1883— 991

would be to place it under the military control of a foreign power, and that
he himself would be as much a prisoner in Lima as in Santiago. In order to
act freely they must all be outside the Chilian lines. He also claimed that six
months was a very short time in which to hold an election, &c.

Yiour excellency declined all these stipulations. First. You said that there
was no need to make any stipulation in the treaty concerning the Peruvian
debt, as the responsibility of your Government was fixed by law and by the
guano decree of February last, under which $240,000,000 of that indebtedness
had been arranged for with the bondholders. Second. That instead of going
to Arequipa, Señor Calderon must proceed to Lima, sign a preliminary treaty,
convoke the Magdalena legislature, and in forty-five days confirm or reject
the treaty. Your excellency proposed withdrawing the Chilian troops tem-
porarily to Callao in order to leave Lima free to the legislature. Third.
Your excellency declined a truce of six months, as it would lose to Chili the
advantage of her present situation and expose her troops to the attacks of
guerillas, who would not respect any truce.

In the discussion which followed neither your excellency nor Sefior Cal-
deron felt disposed to recede from the position taken, and the promised peace
failed. |
I believe I have given the substantial facts of the case in the foregoing
statement, though if I have made any error I shall be glad to have your
excellency correct it.

I embrace, &c.,

C. A. LOGAN.

Peace Protocol Between Novoa and Iglesias *

I bind myself formally and solemnly to celebrate with the Republic of Chili
a treaty of peace, as soon as the minister plenipotentiary of that country recog-
nizes me in the name of his Government as President of Peru. (I will sign
such peace) on the following conditions:

Ist. Unconditional and perpetual cession to Chili of the department of Tara-
paca, as far towards the north as the Quebrada de Camarones, this territory
passing in consequence under the absolute sovereignty of Chili.

2d. The territories of Tacna and Arica, actually in the possession of Chili,
will be subject to the legislation and laws of Chili for the term of ten years,
reckoning from the day when the treaty of peace shall be celebrated. This
term once elapsed, a plebiscite will be convoked to decide by popular vote

1 Inclosure in despatch of Mr. Logan to Secretary Frelinghuysen, July 2, 1883. U. S.,
Foreign Relations, 1883, p. 117.

992

DOCUMENTS

whether these territories shall remain. under the sovereignty of Chili or return

to that of Peru.

That one of these two nations, in whose favor the definite

annexation shall be decided, shall pay the other 10,000,000 silver pesos in
Chilian coin or in Peruvian soles of equal fineness.

A special protocol shall establish the form under which the plebiscite shall
take place, and the term in which the 10,000,000 pesos shall be paid by the
country remaining master of Tacna and Arica.

Treaty of Peace and Friendship Between Chile and Peru.

Signed

at Ancon, October 20, 1883 !

La República de Chile, de una parte,
i de la otra la República del Perú,
deseando restablecer las relaziones de
amistad entre ámbos paises, han de-
terminado celebrar un Tratado de paz
1 amistad i al efecto han nombrado i
constituido por sus Plenipotenciarios
a saber:

S.E. el Presidente de la Republica
de Chile a don Jovino Novoa, i S.E.
el Presidente de la Republica del Perú
a don José Antonio de Lavalle, Mi-
nistro de Relaciones Esteriores i a don
Mariano Castro Zaldívar.

Quienes, despues de haberse comu-
nicado sus Plenos Poderes, 1 de haber-
los hallado en buena i debida forma,
han convenido en los artículos si-
guientes:

ART. PRIMERO. Restablécense las
relaciones de paz i amistad entre las

The Republic of Peru on the one
part, and the Republic of Chile on
the other, being desirous of re-estab-
lishing friendly relations between the
two countries, have resolved to con-
clude a Treaty of Peace and Friend-
ship, and for that purpose have
named as their Plenipotentiaries, that
is to say :—

His Excellency the President of
the Republic of Peru, Don José An-
tonio de Lavalle, Minister of For-
eign Affairs; and Don Mariano Cas-
tro Zaldivar;

And his Excellency the President
of the Republic of Chile, Don Jovino
Novoa; e

Who, after having communicated
to each other their full powers, and
found them to be in good and due
form, have agreed upon the follow-
ing Articles :—

ARTICLE 1. Relations of peace
and friendship are re-established be-

1 Martens, N. R. G., 2d series, vol. 10, p. 191. Translation from British and Foreign State
Papers, vol. 74, p. 349. Ratifications exchanged at Lima, March 28, 1884.

THE TACNA-ARICA QUESTION, 1883—

Repúblicas de Chile i’ del Perú.

Art. SEGUNDO. La República del
Perù cede a la Republica de Chile,
perpétua e incondicionalmente, el ter-
ritorio de la provincia litoral de Tara-
paca, cuyos limites son, por el norte
la quebrada i rio de Camarones; por
el sur la quebrada i rio del Loa; por
el oriente la Republica de Bolivia i
por el poniente el mar pacifico.

ART. TERCERO. El territorio de las
provincias de Tacna i Arica, que li-
mita por el norte con el rio Sama,
desde su nacimiento en las cordilleras
limitrofes con Bolivia hasta su desem-
bocadura en el mar, por el sur con la
quebrada i rio de Camarones, por el
oriente con la República de Bolivia, 1
por el poniente con el mar Pacifico,
continuará poseido por Chile i sujeto
a la lejislacion i autoridades chilenas
durante el término de diez años con-
tados desde que se ratifique el pre-
sente Tratado de paz. Espirado este
plazo, un plebiscito deciderá, en vota-
cion popular, si el territorio, de las
provincias referidas queda definitiva-
mente del dominio i soberanía de
Chile, o si continúa siendo parte del
territorio peruano. Aquel de los dos
paises a cuyo favor queden anexadas
las provincias de Tacna i Arica, pa-
gará al otro diez millones de pesos
moneda chilena de plata o soles pe-
ruanos de igual lei i peso que aquella.

Un protocolo especial, que se con-

993

tween the Republics of Peru and Chile.

Art. 2. The Republic of Peru
cedes to the Republic of Chile, in per-
petuity and unconditionally, the ter-
ritory of the littoral province of Tara-
paca, the boundaries of which are: on
the north, the ravine and River Ca-
marones ; on the south, the ravine and
River Loa; on the east, the Republic
of Bolivia; and on the west, the Pa-
cific Ocean.

Art. 3. The territory of the
provinces of Tacna and Arica, bound-
ed on the north by the River Sama
from its rise in the Cordilleras bor-
dering upon Bolivia, to where it flows
into the sea, on the south by the ravine
and River Camarones, on the east by
the Republic of Bolivia, and on the
west by the Pacific Ocean, shall re-
main in the possession of Chile, and
subject to Chilean laws and authori-
ties, during the term of ten years, to
be reckoned from the ratification of
the present Treaty of Peace. At the
expiration of that term a plebiscite
shall, by means of a popular vote, de-
cide whether the territory of the prov-
inces referred to is to remain defini-
tively under the dominion and sover-
eignty of Chile, or continue to form a
part of the Peruvian territory.
Whichever of the two countries in
whose favour the provinces of Tacna
and Arica are to be annexed shall pay
to the other 10,000,000 dollars in
Chilean silver currency, or Peruvian
soles of the same standard and
weight.

A special Protocol, which shall be

994

siderará como parte integrante del
presente Tratado, establecerá la forma
en que el plebiscito deba tener lugar
1 los términos i plazos en que hayan
de pagarse los diez millones por el
pais que quede dueño de las provincias
de Tacna i Arica.

ART. CUARTO. En conformidad a
lo dispuesto en el supremo decreto de
9 de febrero de 1882, por el cual el
Gobierno de Chile ordenó la venta de
un millon de toneladas de guano, el
producto liquido de esta sustancia, de-
ducidos los gastos i demas desembol-
sos a que se refiere el artículo 13 de
dicho decreto, se distribuirá por partes
iguales entre el gobierno de Chile i
los acreedores del Perú, cuyos titulos
de crédito aparecieren sustentados con
la garantía del guano.

Terminada la venta del millon de
toneladas a que se refiere el inciso
anterior, el Gobierno de Chile con-
tinuará entregando a los acreedores
peruanos el cincuenta por ciento del
producto líquido del guano, tal como
se establece en el mencionado arti-
culo 13, hasta que se estinga la deuda
o se agoten las covaderas en actual
esplotacion.

Los productos le las covaderas o
yacimientos que se descubran en lo
futuro en los territorios cedidos, per-
tenecerán esclusivamente al Gobierno
de Chile.

ART. DÉCIMO CUARTO. El presente
Tratado será ratificado i las ratifica-
ciones canjeadas en la ciudad de Lima
cuanto ántes sea posible dentro de un

DOCUMENTS

considered ‘an integral part of the
present Treaty, will establish the
form in which the plebiscite is to
take place, and the conditions and
periods of payment of the 10,000,000
dollars by the country which remains
in possession of the provinces of
Tacna and Arica.

ART. 4. In conformity to the
provisions of the Supreme Decree of
the 9th February, 1882, by which the
Government of Chile ordered the sale
of 1,000,000 tons of guano, the net
proceeds of that sale, after deducting
the expenses and disbursements re-
ferred to in Article 13 of the said
Decree, shall be equally divided be-
tween the Government of Chile and
those creditors of Peru whose claims
appear to be guaranteed by the
guano.

The sale of the 1,000,000 tons re-
ferred to in the preceding paragraph
being completed, the Government of
Chile shall, as provided for in Article
13, continue to hand over to the
Peruvian creditors 50 per cent. of the
net proceeds of the guano until the

‘debt be extinguished or the guano beds

actually worked be exhausted.

The proceeds of the guano beds
which may hereafter be discovered in
the ceded territories shall belong ex-
clusively to the Government of Chile.

Art. 14. The present Treaty
shall be ratified, and the ratifications
exchanged as soon as possible within
the maximum term of 160 days,

THE TACNA-ARICA QUESTION, 1883—

término máximo de ciento sesenta dias
contados desde esta fecha.

En fé de lo cual, los respectivos
Plenipotenciarios lo han firmado por
duplicado i sellado con sus sellos par-
ticulares.

Hecho en Lima, a veinte de octubre
del año de Nuestro Señor, mil ocho-
cientos ochenta i tres.—

Jovino Novoa,
J. A. DE LAVALLE,
MARIANO CASTRO ZALDIVAR.

The Jiménez-Vial Solar Protocol.

I

El plebiscito se verificará en las con-
diciones de reciprocidad que ambos
gobiernos estimen necesarias para ob-
tener una votacion honrada y que sea
la expresión fiel y exacta de la volun-
tad popular de las provincias de Tacna
y Árica.

II

Aquel de los dos paises á cuyo favor
queden anexadas dichas provincias,
pagará al otro, los diez millones de
soles estipulados en el referido articulo
III, en bonos de la deuda pública de
4% por ciento de interés y uno por
ciento de amortización. Los bonos
de Chile se cotizarán al tipo medio que
los de la misma clase hayan tenido en
el semestre anterior en el mercado de
Londres; y los bonos del Perú al tipo

995

to be reckoned from this date.
In faith of which the respective
Plenipotentiaries have signed the
same in duplicate and affixed thereto
their respective seals.
Done at Lima this 20th day of Oc-
tober, in the year of our Lord, 1883.

Jovino Novoa,
J. A. DE LAVALLE,
MAR. CASTRO ZALDIVAR.

Signed January 26, 1894 *

I

The plebiscitum shall be held un-
der the conditions of reciprocity that
both governments shall deem neces-
sary in order to obtain an honest elec-
tion that will be the faithful and true
expression of the popular will of the
provinces of Tacna and Arica.

II

The one of the two nations in
whose favor the said provinces are
to be annexed shall pay unto the _
other the ten million pesos stipulated
in Clause III, in bonds of the public
debt at 412 per centum interest and 1
per cent. sinking fund. The bonds
of Chile shall be quoted at the aver-
age price at which those of the same
description have: been quoted in the
London Exchange during the pre-

1 Ministerio de Relaciones Exteriores del Perú. Circular Sobre la Cuestión Tacna y
Arica, pp. 188-189. This protocol was not ratified. Translation from Maurtua. Question

of the Pacific, p. 185.

996 DOCUMENTS

que se convenga entre ambos gobier-
nos, no pudiendo ser éste menor del
sesenta por ciento.

El gobierno que emita dichos bonos
podrá, en cualquier tiempo, hacer
amortizaciones totales 6 parciales de
ellos al tipo en que fueron aceptados
en el momento de su emisión.

III

Los cupones por intereses vencidos
y bonos amortizados serán recibidos
en pago de los derechos de aduana del
pais que los emita. |

IV

En el caso de que Chile obtuviera
el triunfo en el plebiscito, el Perù
podrá rectificar su frontera del Sama,
avanzando hasta la ribera sur de la
quebrada de Chero, que comienza en
Punta Quiaca y termina en la cor-
dillera al sur del nevado Pallagua,
prolongándose la linea divisoria hasta
el origen y curso del Uchusuma.

En cambio, si el Perú fuese el fa-
vorecido, Chile podrá rectificar su
fronteta de Camarones avanzando
hasta la ribera norte de la quebrada
de Vitor 6 Chaca, comprendiendo la
caleta del mismo nombre y prolongán-
dose la linea divisoria por dicha que-
brada hasta su vertiente meridional y
el limite con Bolivia.

El pais que haga uso del derecho
que se le concede en esta base, abo-
nará al otro la suma de tres millones

vious half year, and the bonds of
Peru at the price to be decided upon
by both governments, but in no case
lower than 60 per cent.

The government issuing the bonds
may at any time redeem them totally
or in part at the rate at which they
were accepted at the time of their
issue.

111

The coupons for interest due and
for the redeemed bonds shall be re-
ceived in payment of custom dues of
the nation issuing them.

IV

In the event that Chile should
gain the plebiscitum Peru shall be en-
titled to rectify her frontier on the
river Sama, advancing up to the
southern border of the valley of
Chero, that commences in Punta
Quiaca and terminates in the cordil-
lera to the south of snow-capped Pal-
lagua, extending the boundary line
until the source and flow of the Uchu-
suma.

Per contra, if Peru should be fa-
vored Chile shall be entitled to rectify
her frontier of Camarones, advanc-
ing as far as the northern edge of the
valley of Vitor or Chaca, including
the inlet of the same name, and ex-
tending the boundary line by the said
valley as far as its southern slope and
the boundary with Bolivia.

Whichever nation shall make use
of the concession herein mentioned
shall pay unto the other the sum of

or

THE TACNA-ARICA QUESTION, 1883—

de soles que se descontarán del monto
total de la indemnización.

Uncompleted Secret Treaty between Chile and Bolivia.

997

three million pesos, which shall be de-
ducted from the total sum of the in-
demnity.

Signed May 18,

1895!

La república de Chile y la repú-
blica de Bolivia, en el propósito de e-
strechar cada vez más los vinculos de
amistad que unen á los dos paises, y
de acuerdo en que una necesidad su-
perior, el futuro desarrollo y pros-
peridad comercial de Bolivia requieren
su libre y natural acceso al mar, han
determinado ajustar un tratado espe-
cial sobre trasferencia de territorio,
y al efecto han nombrado y consti-
tuido por sus plenipotenciarios, á sa-
ber:

S. E. el presidente de la república
de Chile, a don Luis Barros Borgoño,
mihistro de relaciones exteriores de
Chile; y S. E. el presidente de la re-
pública de Bolivia, á don Heriberto
Gutiérrez, enviado extraordinario y
ministro plenipotenciario de Bolivia
en Chile, quienes, después de haber
canjeado sus plenos poderes, y ha-
biéndolos hallado en buena y debida
forma, han acordado las siguientes
bases:

I

S1, á consecuencia del plebiscito que
haya de tener lugar, en conformidad

The Republic of Chile and the Re-
public of Bolivia, for the purpose of
strengthening yet more the ties of
friendship that unite the two nations,
and in accordance with the high ne-
cessity that the future development
and commercial prosperity of Bolivia
require of a free and natural access
to the sea, have determined to make a
special treaty regarding transference
of territory, and for this object have
named and appointed their Plenipo-
tentiaries, namely :

His Excel. the President of Chile,
appoints Mr. Luis Barros Borgono,
Chilian Minister for Foreign Affairs,
and His Excel. the President of
Bolivia, appoints Mr. Heriberto
Gutierrez, Envoy Extraordinary and
Minister Plenipotentiary of Bolivia,
in Chile, who after having exchanged
their full powers, and having found
them in good and due form, have ac-
corded the following bases:

I

If in consequence of the plebiscite,
that should take place in conformity

1 Ministerio de Relaciones Exteriores del Perú, Circular sobre la cuestión Tacna y Arica,
p. 231. This treaty was not ratified. Translation from R. Egaña, The Tacna and Árica

Question, p. 58.

998

al tratado de Ancón, o á virtud de
arreglos directos, adquiriese la repú-
blica de Chile dominio y soberanía per-
manente sobre los territorios de Tacna
y Arica, se obliga a trasferirlos a la
república de Bolivia, en la misma
forma y con la misma extensión que
las adquiera, sin perjuicio de lo es-
tablecido en el articulo II.

La república de Bolivia abonará,
como indemnización de dicha tras-
ferencia de territorio, la suma de cinco
millones de pesos de plata, de 25
gramos y 9 décimos fino, quedando
especialmente afecto para responder á
este pago, el 40 por ciento del rendi-
miento bruto de la aduana de Arica.

II

Si se verifica la cesión contemplada
en el artículo precedente, es entendido
que la república de Chile avanzaría su
frontera norte de Camarones á la que-
brada de Vitor, desde el mar hasta
tocar con el limite que actualmente
separa esa región de la república de
Bolivia.

III

A fin de realizar el propósito enun-
ciado en los articulos anteriores, el
gobierno de Chile se compromete á
empeñar todos sus esfuerzos, ya sea
separada 6 conjuntamente con Bo-
livia, para obtener en propiedad de-
finitiva los territorios de Tacna y
Arica. |

DOCUMENTS

with the Treaty of Ancon, or by
means of direct arrangements, the
Republic of Chile should acquire per-
manent dominion and sovereignty
over the territories of Tacna and
Arica, Chile incurs the obligation of
transferring them to the Republic of
Bolivia in the same form and with
the same extension with which they
are acquired, without prejudice of
that which-is established in Article IT.

The Republic of Bolivia shall pay,
as indemnity for the said transfer-
ence of territory, the sum of five mil-
lion silver dollars, weighing 25
grammes each, and of nine tenths fine
silver; there being given as a special
security for this payment, 40 per cent.
of the gross income of the Arica cus-
tom-house.

II

If the cession, contemplated in the
preceding article, takes place, it is
understood that the Republic of Chile
advances her frontier north of Cam-
arones to the valley of Vitor, from
the sea to the limit that now separates
that region from the Republic of
Bolivia.

III

In order to realize the purpose an-
nounced in the preceding Articles, the
Government of Chile promises to em-
ploy all her efforts, either separately
or together with Bolivia, to obtain
definite possession of the territories
of Tacna and Arica.

THE TACNA-ARICA QUESTION, 1883—

IV

Si la república de Chile no pudiese
obtener en el plebiscito, ó por arreglos
directos, la soberania definitiva de la
zona en que se hallan las ciudades de
Tacna y Arica, se compromete á ceder
á Bolivia la caleta de Vitor hasta la
quebrada de Camarones, ú otra aná-
loga, y además la suma de cinco mi-
llones de pesos de plata, de 25 gramos
de peso y 9 décimos fino.

V

Un arreglo especial determinará los
limites precisos del territorio que se
ceda, conforme al presente tratado.

VI

Si la cesión se hiciese en conformi-
dad al articulo IV, y en la zona cedida
se encuentran Ó se descubren en lo
futuro yacimientos de salitre, no po-
drán absolutamente ser explotados, ni
trasferidos, sino después que se hallen
agotados todos los yacimientos de sali-
tre existentes en el territorio de la
república de Chile, salvo que, por
acuerdo especial de ambos gobiernos,
se estipule otra cosa.

VII

Este tratado, que se firmará al
mismo tiempo que los de paz y comer-
cio, ajustados entre las mismas .re-
públicas, se mantendrá en reserva, y
no podrá. publicarse sino mediante
acuerdo entre las altas partes contra-
tantes.

IV

If the Republic of Chile can not
obtain by the plebiscite, or by direct
arrangements, the definite sover-
eignty of the zone in which are situ-
ated the cities of Tacna and Arica,
she promises to cede to Bolivia the
Cove of Vitor, as far as the valley of
Camarones, or another analogous one,
and moreover the sum of five million
dollars, of the weight of 25 grammes,
and nine tenths of fine silver.

V

A special arrangement shall de-
termine the precise limits of the terri-
tory to be conceded, in conformity :
with the present Treaty.

VI

If the cession be made in cor-
formity with Article IV, and in the
zone ceded there be found, or dis-
covered in the future, deposits of ni-
trate, these deposits can not be
worked or transferred till after all
the nitrate deposits existing in the
territory of Chile be exhausted; ex-
cept, that by special agreement be-
tween the two Governments, another
method be stipulated.

VII

This Treaty, that shall be signed
at the same time as those referring to
Peace and Commerce, adjusted be-
tween the same Republics, and shall be
maintained in reserve, and can not
be published except by an agreement
between the high contracting parties.

1000
VIII

Las ratificaciones de este tratado
serán canjeadas dentro del plazo de
seis meses, y el canje tendrá lugar en
la ciudad de Santiago.

En fe de lo cual, el señor ministro
de relaciones exteriores de Chile y el
señor enviado extraordinario y mi-
nistro plenipotenciario de Bolivia fir-
man y sellan, con su respectivo sello,
por duplicado, el presente tratado es-
pecial, en la ciudad de Santiago, á
los dieciocho días del mes de mayo de
mil ochocientos noventa y cinco.

(L.S.) Luis Barros BorGoÑo.

(L.S.) HERIBERTO GUTIÉRREZ.

The Billinghurst-Latorre Protocol.

En la ciudad de Santiago, á los
dieciseis dias del mes de abril de mil
ochocientos noventa y ocho, reunidos
en la sala del despacho del ministerio
de relaciones exteriores, el señor don
Guillermo E. Billinghurst, ministro
plenipotenciario en misión especial de
la república del Perú, y el señor don
Juan José Latorre, ministro del ramo,
expusieron que: los gobiernos de la
republica del Perú y de la república
de Chile, deseosos de llegar á una so-
lución definitiva respecto al dominio y
soberanía de los territorios de Tacna
y Arica, en conformidad al tratado
de paz de 20 de octubre de 1883, y
de estrechar las relaciones de amistad
entre ambos pueblos, eliminando una

DOCUMENTS

VIII

The ratifications of this Treaty
shall be exchanged within the term of
six months, and this exchange shall
take place in the city of Santiago.

In witness of this the Chilian Min-
ister for Foreign Affairs and the En-
voy Extraordinary and Minister
Plenipotentiary of Bolivia signed and
sealed the present Special Treaty, in
the city of Santiago, on the eight-
eenth of May, one thousand eight
hundred and ninety-five.

(L. S.) Luis Barros Borcono.
(L. S.) HERIBERTO GUTIÉRREZ.

Signed April 16, 1898!

In the city of Santiago, on the six-
teenth day of the month of April,
eighteen hundred and ninety-eight,
Señor Guillermo E. Billinghurst,
Minister Plenipotentiary on special
mission from the Republic of Peru,
and Señor Juan José Latorre, Secre-
tary in Office, having met in the of-
fice of the Secretary of Foreign Re-
lations, stated that: The Govern-
ments of the Republic of Chile and
of the Republic of Peru, desirous of
arriving at definite solution with re-
gard to the dominion and sover-
eignty of the territories of Tacna and
Arica, in conformity with the
Treaty of Peace, of October 20th,
1883, and also desirous of strength-

1 Ministerio de Relaciones Exteriores del Perú, Circular sobre la cuestión Tacna y Arica,

p. 302. The Protocol was not ratified.

THE TACNA-ARICA QUESTION, 1883—

cuestión que los ha preocupado desde
hace tiempo; después de examinar y
calificar sus respectivos poderes y de
encontrarlos bastantes, ajustaron la
siguiente convención, destinada á dar
cumplimiento al articulo 3° del alu-
dido tratado de 20 de octubre de 1883:

ArtícuLo 1

Quedan sometidos al fallo del go-
bierno de su majestad la reina regente
de España, á quien las altas partes
contratantes designan con el carác-
ter de árbitro, los puntos siguientes:

1°. quienes tienen derecho a tomar
parte en la votación plebiscitaria des-
tinada á fijar el dominio y soberanía
definitivos de los territorios de Tacna
y Arica, determinando los requisitos
de nacionalidad, sexo, edad, estado
civil, residencia 6 cualesquiera otros
que deban reunir los votantes;

2”. si el voto plebiscitario debe ser
público ó secreto.

Articuro 2

Una junta directiva compuesta de
un representante del gobierno de
Chile, de un representante del go-
bierno del Perü, y de un tercero desig-
nado por el gobierno de España, presi-
dirá los actos y tomará las resolu-
ciones necesarias para Llevar á cabo
el plebiscito. Tendrá el carácter de
presidente de la junta el tercero desig-
nado por el gobierno de España.

1001

ening the relations of friendship be-
tween the two nations by eliminat-
ing a question which has preoccu-
pied them for a long time past, after
examining and approving their cre-
dentials, have agreed upon the fol-
lowing convention, designed to facili-
tate the carrying out of Article III,
of the aforesaid Treaty of October
20th, 1883:

ARTICLE 1

There shall be submitted to the
decision of the Government oí Her
Majesty the Queen Regent of Spain,
whom the High Contracting Parties
designate as Arbitrator, the follow-
ing points:

1st. Who have a right to vote in
the plebiscite which shall decide the
permanent sovereignty and dominion
over the territories of Tacna and
Arica; determining the requisites of
nationality, sex, age, civil condition,
residence, or any others which should
qualify the voters;

2nd. Whether the balloting for
the plebiscite shall be public or secret.

ARTICLE 2

A directive assembly, composed of
a representative of the Government
of Chile, of a representative of the
Government of Peru and a third per-
son appointed by the Government of
Spain, shall preside over the elec-
tions and take such resolutions as
may be necessary to carry out the
plebiscite. The president of the As-
sembly shall be the person appointed

by the Government of Spain.

1002 DOCUMENTS

Corresponderá á esta junta:

1°. formar y publicar el registro
general de todos los que tengan de-
recho á votar;

2°. decidir todas las dificultades,
dudas y cuestiones que se promuevan
con motivo de las inscripciones, vota-
ciones y demás actos del plebiscito;

3°. practicar el escrutinio general
de los sufragios en vista del resultado
parcial obtenido en cada una de las
mesas receptoras de votos;

4°. proclamar el resultado de la
votacion general, comunicándolo in-
mediatamente á los gobiernos de Es-
paña, del Peru y Chile;

5°. dictar todas aquellas providen-
cias é instrucciones necesarias para la
mejor realización de los actos plebis-
citarios determinados en la presente
convención.

Todas las resoluciones de esta junta
se tomarán por mayoria de votos.
En caso de dispersión, prevalecerá la
opinión del tercero designado por el
gobierno de España.

ARTÍCULO 3

A más tardar, cuarenta días des-
pués de expedido el fallo del árbitro,
á que se refiere el artículo 1. pro-
cederán los gobiernos del Perú y de
Chile á nombrar sus representantes.
La junta directiva se instalará en la
ciudad de Tacna y comenzará á fun-
cionar dentro del plazo de diez dias,
á contar desde que se encuentre en
dicha ciudad el tercero que designe el
gobierno de España.

The duties of this Assembly are:

1st. To draw up and publish a
general register of all persons who
are entitled to vote;

2nd. To decide all difficulties,
doubts and questions which may arise
connected with the registration, bal-
loting and other acts of the plebis-
cite;

3rd. To make a general count of
the votes, in view of the partial re-
sult obtained at each of the places
designated for receiving votes;

4th. To proclaim the general re-
sult of the vote, communicating this
result immediately to the Govern-
ments of Spain, Chile and Peru;

5th. To give all necessary orders
and instructions for the proper car-
rying out of the plebiscites, de-
termined upon by the present Con-
vention.

All the resolutions of this As-
sembly shall be determined by major-
ity vote. In case of differences, the
casting vote of the member named by
Spain shall decide.

ARTICLE 3

Not later than forty days after the
Arbitrator has pronounced a decision,
as determined by Article 1, the Gov-
ernments of Chile and Peru shall
proceed to name their delegates.
The Directive Assembly shall be in-
stalled, in the city of Tacna, and
commence its duties, within the term
of ten days after the arrival at that
city of the third delegate, named by
Spain.

THE TACNA-ARICA QUESTION, 1883—

Articuro 4

[4

Habrá cuatro comisiones Ó mesas
de inscripción; una en Tacna, otra
en Tarata, otra en Arica y otra en
Lluta.

Compondrán cada una de estas
comisiones :

1°. un comisionado del gobierno
del Perú;

2”. un comisionado del gobierno de
Chile;

3°. un comisionado nombrado por
la junta directiva del plebiscito y que
tendrá el carácter de presidente.

Dichas comisiones se instalarán, á
más tardar, ocho días después de la
instalación en Tacna de la junta di-
rectiva y funcionarán durante cua-
renta días consecutivos, desde las diez
de la mañana hasta las cuatro de la
tarde. Diariamente, al suspenderse
los trabajos, pondrán al pié de la úl-
tima inscripción una nota firmada por
todos sus miembros en que se exprese,
en letras, el número de individuos in-
scritos en el dia. Las hojas de regis-
tro en que se hubieren hecho las in-
scriptoras serán tomados por mayoría
por todos los miembros de las comi-
siones. o
" Los acuerdos de las comisiones in-
scriptoras serán tomados por mayoría
de votos y sus resoluciones serán apel-
bles para ante la junta directiva.

Las comisiones inscribirán en los
registros á todas las personas que lo
soliciten y que tengan derecho á vo-
tar, conforme al fallo del árbitro de-

1003

ARTICLE 4

There shall be four offices for reg-
istration ; one at Tacna, one at Tarata,
one at Arica and the other at Lluta.

At each office there shall be a com-
mission composed of :

lst. A commissioner of the
Chilian Government;
2nd. A commissioner of the

Peruvian Government; and

‘ 3rd. A commissioner, named by
the Directive Assembly of the Pleb-
iscite, who shall preside over the
commission,

These commissions shall be in-
stalled, at the latest, eight days after
the installation at Tacna of the Di-
rective Assembly, and shali carry out
their functions during forty consecu-
tive days, from ten in the morning till
four in the afternoon. At the end
of each day's work minutes shall be
drawn up, signed by all the members
stating the number, expressed in let-
ters, not figures, of persons registered
during the day. The leaves of the
Register in which the inscriptions are
made shall also be signed (“ rubri-
cadas ”) by all the members of the
commission.

Resolutions of the Commissions of
Registration shall be resolved by ma-
jority vote, and are subject to appeal,
to be made to the Directive As-
sembly.

The Commissions of Registration
shall enroll in the registers all per-
sons who ask to be inscribed, and
who have a right to vote, according

1004

signado en el artículo 1, y les otor-
garán un certificado de inscripción,
que los inscritos deberán exhibir en
el acto de votar.

Siempre que la junta se negare á
inscribir á un individuo, deberá anotar
en el acta de la sesión del día el nom-
bre del excluido y la causa de la ex-
clusión.

El individuo á quien se hubiere ne-
gado la inscripción, tendrá derecho á
que se le dé copia de esa parte del acta,
autorizada por los miembros de la
comisión inscriptora.

A más tardar, cuarenta y ocho
horas después de terminadas sus fun-
ciones, las comisiones inscriptoras en-
tregarán los registros y demás docu-
mentos originales á la junta directiva.

Articuro 5

La junta directiva determinara, en
vista del fallo arbitral, los medios por
los cuales pueda comprobarse la po-
sesión de los requisitos que, conforme
á dicho fallo, deberán reunir los vo-
tantes.

ARTÍCULO 6

La junta directiva hará publicar los
registros dentro de los diez días
siguientes á su recepción, por orden
alfabético de apellido de los inscritos.
Esta publicación se hará en los pe-
riódicos de Tacna y Arica y en hojas
sueltas que se fijarán en los lugares
más públicos de Lluta y Tarata.

Dentro de los quince días siguientes
a dicha publicación, podrán presen-

DOCUMENTS

to the resolution of the Arbiter,
named in Art. 1: and there shall be
delivered to them a registration cer-
tificate, which must be produced at the
time of voting.

Whenever the Commission refuses
to register a person, there should be
noted in the minutes of the day the
name of the person and the cause of
the exclusion.

The person excluded has a right
to receive a copy of that part of the
minutes referring to his exclusion,
signed by the members of the Com-
mission of Registration.

Forty-eight hours after terminat-
ing their functions, at the latest, the
Commissions of Registration shall
deliver the registers and other orig-
inal documents to the Directive As-
sembly.

ARTICLE 5 -

"The Directive Commission shall
determine, in conformity with the ar-
bitral resolution, the means by which
the possession by voters of the quali
fications required may be proved.

ARTICLE 6

The Directive Commission shall
publish the registers, within ten days
after their receipt; the names to be
arranged alphabetically. This pub-
lication shall be made in the news-
papers of Tacna and Arica, and in a
separate form, to be posted in public
places at Lluta and Tarata.

During the fifteen days following
the said publication, the persons who

THE TACNA-ARICA QUESTION, 1883—

tarse á la junta directiva los individu-
ous á quienes se haya negado la in-
scripción y las reclamaciones que cual-
quiera persona podrá entablar contra
las inclusiones indebidas. Terminado
aquel plazo, no se admitirá ninguna
reclamación y el registro quedará de-
finitivamente formado con las modifi-
caciones que la junta haya dispuesto,
todo lo cual se publicará inmediata-
mente en la forma prescrita, en el in-
ciso 1°. del presente articulo.

ARTÍCULO 7

Diez dias después de cerrado el
registro definitivo, comenzarán á fun-
cionar las comisiones encargadas de
la recepción y escrutinio de los sufra-
gios. |

Estas comisiones serän compuestas
de las mismas personas que hayan
formado las de inscripción; funciona-
rán durante diez días consecutivos
desde las nueve de la mañana hasta
las cuatro de la tarde, en los mismos
lugares que aquellas, a saber: Tacna,
Arica, Tarata y Lluta; y adoptarán
sus resoluciones por mayoría de votos,
las cuales serán apelables para ante
la junta directiva.

Todo sufragante, al tiempo de vo-
tar, presentará el mismo certificado
que hubiere recibido al inscribirse, el
cual quedará en poder de la comisión
receptora, con una anotación de ha-
llarse inutilizado, bajo la firma de
todos sus miembros. En cambio, se
otorgará al sufragante una constancia
escrita de que ha votado. Diaria-

1005

have not been allowed to register
themselves, and any person who
wishes to prove undue inclusion of
persons in the register, may present
themselves before the Directive Com-
mission. After this date no such de-
mands shall be admitted, and the
Register shall be finally formed, with
the modifications that the Directive
Assembly may have made, all of
which shall be immediately published
in the form indicted in the first clause
of this present article.

ARTICLE 7

Ten days after the closing of the
final Register, the functions of the
commissions charged with the recep-
tion and the counting of the votes
shall commence.

These commissions shall be com-
posed of the same persons who have
formed the Commissions of Regis-
tration, and shall carry out its func-
tions during ten consecutive days,
from nine in the morning until four
in the afternoon, in the same places
aforementioned, namely: Tacna,
Arica, Tarata and Lluta; and shall
form its resolutions by majority vote,
any appelation to be made before the
Directive Commission.

Each voter, at the time of voting,
shall present the certificate which he
received upon registration, which
shall remain in the possession of the
Commission, with a note, stating that
1t is cancelled, signed by all the mem-
bers of the Commission.

In exchange for this the voter shall
receive a written certificate to the ef-

1006

mente se asentará el resultado de la
votación en un acta que, por tripli-
cado, será levantada y firmada por
todos los miembros de la comisión,
conservando cada uno de ellos un
ejemplar.

Articuro 8

Tres días después de terminada la
recepción de los sufragios, á más tar-
dar, las comisiones entregarán á la
junta directiva del plebiscito las actas
y demás documentos de las votaciones
parciales.

ArtícuLo 9

Seis dias después de terminada la
votación, procederá la junta direc-
tiva á practicar el escrutinio general
en vista de las actas parciales, en
sesión pública y en un solo acto hasta
proclamar el resultado.

Articuro 10

La junta directiva gozará de com-
pleta independencia en el ejercicio de
sus funciones y podrá, para garantir
el orden y la libertad en todos los
actos del plebiscito, requerir de las
autoridades el auxilio de la fuerza
pública.

ArtícuLo 11

Ni la junta directiva ni las comi-
siones inscriptoras y receptoras po-
drán funcionar sino con la totalidad
de los miembros que las componen.
Si faltare 6 se inhabilitare ‘alguno de
los miembros de las comisiones in-
scriptoras 6 receptoras en los días en

DOCUMENTS

fect that he has voted. Each day
the result of the balloting shall be
drawn up in an act in triplicate, each
copy to be signed by all the members
of the Commission, and one copy
shall be kept by each member.

ARTICLE 8

Three days after the termination
of the balloting, at latest, the com-
mission shall deliver up to the Di-
rective Assembly of the Plebiscite
the acts and other documents of the
partial ballotings.

ARTICLE 9

Six days after the termination of
the balloting the Directive Assembly
shall proceed to make the general
count from the partial acts, in public
session, and in one sole act, until the
proclamation of the result.

ARTICLE 10

The Directive Assembly shall en-
joy complete independence in the ex-
ercise of its duties, and shall have the
right to demand from the authorities
the assistance of the public forces,
for the purpose of keeping order, and
of permitting complete liberty in car-
rying out the plebiscite.

ARTICLE 11

Neither the Directive Assembly,
nor the Commissions for the regis-
tering or reception of votes, may
carry on its duties in the absence of
any of the members composing it.
If any member of the commissions
for registering or receiving the bal-

THE TACNA-ARICA QUESTION, 1883—

que debería ejercer sus funciones,
será reemplazado durante su impedi-
mento por la persona que designe el
representante correspondiente á la na-
ción 6 gobierno que hubiese nombrado
al impedido, con excepción del comi-
sario presidente cuyo reemplazo cor-
responde hacer a la junta directiva. .

ArtícuLo 12

Si el resultado del plebiscito fuere
favorable al Perú, los representantes
del gobierno de Chile entregarán á la
autoridad peruana los territorios de
Tacna y Arica en el plazo máximo de
quince días.

ArtfcuLo 13

La aduana de Arica subvendrá á
los gastos que ocasionen los actos del
plebiscito en los territorios de Tacna
y Arica.

ARTICULO 14

El hecho de funcionar en Tarata
las comisiones inscriptora y receptora
de que tratan los artículos anteriores,
no implica un desistimiento del Perú
de la reclamación pendiente con re-
specto á una parte de esa región; sin
que esto signifique el propósito de
pretender indemnización alguna por
el tiempo que Chile la ha ocupado.

1007

lots, should be unable to be present
on the days during which it should
carry on its functions, he shall be re-
placed by a person named by the rep-
resentative of the Government which
had named the absent member, with
the exception of the president of a
commission, whose substitute shall
be appointed by the Directive Com-
mission.

ARTICLE 12

If the result of the plebiscite be
favourable to Peru, the representa-
tives of the Government of Chile
shall deliver over to the Peruvian
authority the territories of Tacna
and Arica within the maximum term
of fifteen days.

ARTICLE 13

The Arica custom-house shall fur-
nish funds for the expenses oc-
casioned by the carrying out of the
plebiscite in the territories of Tacna
and Arica.

ARTICLE 14

The fact of the appointment of a
commission to make registrations and
to receive votes at Tarata, accorded
in the preceding articles does not im-
ply a renunciation on the part of
Peru, as regards the pending reclaim
of Peru concerning that part of the
territories, nor does this imply the
purpose of pretending to claim any
indemnification for the period during
which Chile has occupied it.

1008 DOCUMENTS

Articuro 15

La indemnizción de diez millones
de pesos prescrita por el articulo 3°.
del tratado de 20 de octubre de 1883,
será pagada por el país que resulte
dueño de las provincias de Tacna y
Arica, en esta forma: un millón den-
tro del término de diez días á con-
tar desde que se proclame el resultado
general del plebiscito; otro millón
un año después; y dos millones al fin
de cada uno de los cuatro años si-
guientes.

Las referidas cantidades se paga-
rán en soles de plata peruanos ó en
moneda de plata chilena, de la que
circulaba á la época en que se sus-
cribió el tratado de 20 de octubre de
1883.

ArtfcuLo 16

Quedan afectos al pago de la in-
demnización de que trata el artículo
anterior los productos totales de la
aduana de Arica.

ArtfcuLo 17

Dentro del término de sesenta dias
contados desde que queden canjeadas
las ratificaciones de la presente con-
vención, los representantes diplomáti-
cos de la república del Perú y de la
república de Chile cerca del gobierno
de España, solicitarán conjuntamente
de éste la aceptación del cargo á que
se refiere el artículo 1, y el nombra-
miento del tercero que prescribe el
artículo II.

ARTICLE 15

The indemnity of ten million dol-
lars, imposed by Article 3 of the
Treaty of October 20th, 1883, shall
be paid by the country which becomes
the possessor of the provinces of
Tacna and Arica in the following
manner: One million within the
terms of ten days, dating from the
proclamation of the general results
of the plebiscite; another million one
year afterwards, and two millions at
the end of each of the four following
years.

These sums shall be paid in Peruv-
ian silver soles, or in Chilian silver
money, such as that in circulation at
the time of the signature of the
Treaty of October 20th, 1883,

ARTICLE 16

The total sum produced by the
Arica custom-house shall be subject
to the payment of the indemnity re-
ferred to in the preceding article.

ARTICLE 17

Within the term of sixty days
from the date of the ratification of
this present Convention, the diplo-
matic representatives of the Republic
of Chile and of the Republic of Peru
accredited to the Court of Spain,
shall jointly solicit from that Gov-
ernment the acceptance of the office
of Arbitration referred to in Art. 1,
and the appointment of the dele-
gate referred to in Article 2.

ci mr a

THE TACNA-ARICA QUESTION, 1883—

ArtfcuLo 18

Dentro del plazo de cuarenta dias,
contados desde que el árbitro acepte
el cargo, cada una de las altas partes
contratantes fundará su derecho en
una exposición escrita que presentará
por medio de su plenipotenciario para
que, con ella y en vista de las disposi-
ciónes del tratado de 20 de octubre de
1883 y de la presente convención, ex-
pida aquél su fallo.

La presente convención será ratifi-
cada por los respectivos congresos y
las ratificaciones canjeadas en San-
tiago de Chile dentro del más breve
plazo posible.

En fe de lo cual, los antedichos
plenipotenciarios firmaron por dupli-
cado la presente convención, sellán-
dola con sus sellos respectivos.

(L.S.) GUILLERMO E. BILLING-

HURST,

(L.S.) J. J. LATORRE.

1009

ARTICLE 18

Within the term of forty days,
counting from the date on which the
Arbitrator accepts the office, each of
the High Contracting Parties shall
state its rights in a written document
which shall be presented by its Am-
bassador, in order that a sentence
may be pronounced in accordance
with the provisions of the Treaty of
October 20th, 1883, and those of the
present Convention.

The present Convention shall be
ratified by the respective Congresses
and the ratifications exchanged in
Santiago, Chile, in the shortest possi-
ble time.

In token of which the aforesaid
Plenipotentiaries have signed the
present Convention in duplicate, seal-
ing it with their respective seals.

(L.S.) GuiLLermo E. BILLING-

HURST,

(L.S.) J. J. LATORRE.

Treaty of Peace, Friendship, and Commerce Betwecn Bolivia and Chile.
Signed at Santiago, October 20, 1904 1

En ejecución del propósite consig-
nado en el artículo 8°. del Pacto de
Tregua de 4 de Abril de 1884, la Re-
pública de Chile i la República de Bo-
livia han acordado celebrar un Tra-
tado de Paz i Amistad, i al efecto han
nombrado i constituido por sus Pleni-
potenciarios, a saber:

In order to carry into effect the
purpose indicated in Article VIII of
the Truce Convention of the 4th
April, 1884, the Republic of Bo-
livia and the Republic of Chile have
agreed to conclude a Treaty of Peace
and Friendship, and have for that
purpose named and constituted as
their Plenipotentiaries, that is to say:

1 Martens, N. R. G., 3d series, vol. 2, p. 174. Translation from British and Foreign State
Papers, vol. 98, p. 763. Ratification exchanged at La Paz, March 10, 1905.

1010

Quienes despues de haber canjeado
sus Plenos Poderes i habiéndolos hal-
lado en buena i debida forma, han con-
venido en lo siguiente:

ART. 1. Restablécense las re-
laciones de Pai i Amistad entre la Re-
pública de Chile i la República de
Bolivia, terminando, en consecuencia,
el rejimen establecido por el Pácto de
Tregua.

ART. 2. Por el presente Tra-
tado quedan reconocidos del dominio
absoluto i perpetuo de Chile los terri-
torios ocupados por éste en virtud del
articulo 2°. del Pacto de Tregua de 4
de Abril de 1884.

El límite de Sur a Norte entre Chile
i Bolivia será el que se espresa a con-
tinuacion.

De la cumbre mas alta del cerro
Zapaleri (1), en linea recta a la cum-
bre mas alta (2) del cordon despren-
dido hácia el Sur del cerro Guayaques,
en la latitud aproximada de veintidos
grados cincuenta i cuatro minutos
(22° 54’) ; de aqui otra recta al porte-
zuelo del Cajon (3), i en seguida la
divisoria de aguas del cordon que
corre hácia el Norte por las cumbres
del cerro Juriques . . .!

De la cumbre de Panantalla irá en
línea recta a Tolapacheta (55), a
media distancia entre Chapi i Rinco-
nada, i de este punto en línea recta al
Jamachuma (67), Quimsachata (68)

DOCUMENTS

[Here follow the names of pleni-
potentiaries. ]

Who, after having exchanged their
full powers, and having found them
in good and due form, have agreed
upon the following:

ART. 1. The relations of peace and
friendship are restored between the
Republic of Bolivia and the Repub-
lic of Chile, and in consequence the
régime established by the Truce Con-
vention has ceased to exist.

ART. 2. By the present Treaty is
recognized the absolute and perpetual
sovereignty of Chile over the terri-
tories occupied by her in virtue of
Article II of the Truce Convention
of the 4th April, 1884.

The boundary from south to north
between Bolivia and Chile shall be as
follows:

From the highest crest of the Za-
paleri Hill (1) in a straight line to
the highest crest (2) of the detached
ridge towards the south of the Guay-
aques Hill, in the latitude of 22° 54
approximately, and from here in an-
other straight line to the Cajon Pass
(3), and thence along the watershed
of the ridge which extends towards
the north along the crests of the Jur-
iques Hill... .

From the crest of Panantalla it will
continue in a straight line to Tola-
pacheta (55), half-way between
Chapi and Rinconada, and from this
point in a straight line to Jamachuma

1 The line here traced is that between Bolivia and Chile proper.

THE TACNA-ARICA QUESTION, 1883—

i Chinchillani (69), i cortando el rio
Todos Santos (70) irá a los mojones
de Payacollo (71) i Carahuano (72),
al cerro de Canasa (73) i el cerro
Capitan (74).*

seguirá hacia el noroeste por el cordon
que se dirije al mojon del cerro Chipe
o Tolacollo (96), último punto de la
frontera.

ART. 3. Con el fin de estre-
char las relaciones politicas i comer-
ciales de ámbas Repúblicas, las Altas
Partes Contratantes convienen en unir
el puerto de Arica con el Alto de La
Paz por un ferrocarril cuya construc-
cion contratará a su costa el Gobierno
de Chile dentro del plazo de un año
contados desde la ratificacion del pre-
sente Tratado.

ART. 12. Todas las cuestiones
que llegaren a suscitarse con motivo
de la intelijencia o ejecucion del
presente Tratado, serán sometidas
al arbitraje de Su Majestad el Empe-
rador de Alemania.

Las ratificaciones de este Tratado
serán canjeadas dentro del plazo de
seis meses i el canje tendrá lugar en
la ciudad de La Paz.

En fé de lo cual, el señor Ministro
de Relaciones Esteriores de Chile i el
señor Enviado Estraordinario i Minis-
tro Plenipotenciario de Bolivia firma-
ron i sellaron con sus respectivos
sellos, i por duplicado, el presente

1011

(67), Quimsachata (68), and Chin-
chillani (69), and crossing the River
Todos Santos (70) it will go to the
boundary-marks of Payacollo (71),
and Carahuano (72) to the Canasa
Hill (73) and the Capitan Hill (74).

. it will continue in a north-
westerly direction along the ridge
which leads to the boundary-mark of
the Chipe or Tolacollo Hill (96), the
last point of the frontier.

ART. 3. With the object of
strengthening the political and com-
mercial relations of both republics, the
High Contracting Parties engage to
unite the point of Arica with the Alto
de la Paz by a railway the construc-
tion of which will be contracted by the
Government of Chile within the term
of one year to be reckoned from the
ratification of the present Treaty.

Art. 12. Any difficulties that may
arise with regard to the interpreta-
tion or execution of the present
Treaty shall be submitted to the arbi-
tration of His Majesty the German
Emperor.

The ratifications of this Treaty
shall be exchanged within the term
of six months, and the exchange shall
take place in the city of La Paz.

In witness whereof the Envoy Ex-
traordinary and Minister Plenipoten-
tiary of Bolivia and the Minister for
Foreign Affairs of Chile signed and
sealed in duplicate with their respec-
tive seals the present Treaty of Peace

1 Here the line runs between Bolivia and Tacna-Arica.

1012

Tratado de Paz i Amistad, en la ciu-
dad de Santiago, a los veinte dias del
mes de Octubre del año mil novecien-
tos cuatro.
EmiLio BELLO C.
A. GUTIÉRREZ.

DOCUMENTS

and Friendship, in the city of San-
tiago, on the 20th October, 1904.

(L. S.) EmiLio BELLO C.
(L. S.) A. GUTIÉRREZ.

Extracts from the Notes Exchanged Between the Chancelleries of Peru and
of Chile, 1905-1908 ! .

MINISTERIO DE
RELACIONES EXTERIORES.

Lima, 18 de febrero de 1905.
SENOR MINISTRO:

En la clausula segunda del Tratado
de Paz y Amistad que acaba de cele-
brarse entre las Repúblicas de Chile y
Bolivia se establece una demarcación
completa de fronteras, en la que está
comprendida, en la linea sur á norte,
la de los territorios de las provincias
de Arica y Tacna, y parte también de
la de Tarata.

En la cláusula tercera se conviene,
asimismo, en unir el puerto de Árica
con el Alto de la Paz por un ferro-
carril cuya construcción contratará à
su costa el Gobierno de Chile, dentro
del plazo de un año, contado desde la
ratificación del Tratado. . . .

La demarcación de fronteras, obras
y explotación de ferrocarriles, condi-
ciones de libre tráfico mercantil, ob-
ligaciones y concesiones que puedan
afectar los territorios y sus derechos
señoriales, son actos de dominio en

MINISTRY OF FOREIGN
RELATIONS.

Lima, February 18, 1905.
MR. MINISTER:

In the second clause of the treaty
of peace and friendship which has
Just been entered into by the Republics
of Chile and Bolivia a complete de-
limitation of boundaries is estab-
lished, including, in the line from
north to south, that of the territory
of the Provinces of Tacna and Arica,
and also part of that of Tarata.

In the third clause it is moreover
agreed to connect the port of Arica
with Alto de la Paz by a railroad to
be constructed at the expense of Chile
within the period of one year from
the ratification of the treaty... .

The demarcation of frontiers, con-
struction and exploitation of rail-
roads, conditions of free mercantile
traffic, obligations and concessions
which might affect the territories and
their seigniorial rights, are acts of do-

1 Ministerio de Relaciones Exteriores de Chile, Comunicaciones cambiadas entre las Can-
cillerías de Chile y el Perú y algunos antecedemes sobre la cuestión de Tacna y Arica (1905-

1910), p. 5.

THE TACNA-ARICA QUESTION, 1883—

ejercicio de la plena y absoluta dispo-
sición de la propiedad y soberanía, que
sólo corresponden por indiscutible
derecho internacional y civil al señor y
dueño, y nó al poseedor y mero ocu-
pante, que es la condición de Chile en
los territorios de Tacna y Arica.

Para ello, era preciso que tales a-
rreglos se hubieran hecho de acuerdo
con el Perú, ó que estuviese resuelto
en favor de Chile el plebiscito á que
los sometió el Tratado de Ancón.

Ni una ni otra cosa se ha efectuado,
de modo que mi Gobierno se ve obli-
gado á declarar que el Perú no acepta
ni reconoce estos compromisos en que
él no ha intervenido; que no le son,
por tanto, obligatorios, en ninguna
forma ni tiempo, y que tampoco pue-
den ellos modificar la condición legal
de los territorios de Tacna y Arica,
respecto de los cuales el Perú continúa
siendo dueño del dominio, y Chile
mero ocupante y tenedor, cuyo titulo
legal terminó hace diez años, en que
debió haberse efectuado el plebiscito
a que se refiere el Tratado de Ancón.

Dignese, señor Ministro, recibir las
seguridades de mi más alta y distin-
guida consideración.

J. PrADO Y UGARTECHE.

Al Excmo, señor Ministro de Rela-

ciones Exteriores de la Repüblica de
Chile.

1013

minion in the exercise of full and ab-
solute disposition of property and
sovereignty which belong by indis-
putable international and civil law
to the lord and master, and not to the
possessor, or mere occupant, which
is the status of Chile in the territories
of Tacna and Arica.

To make these acts binding, it was
necessary that such arrangements
should have been made in agreement
with Peru, or that the plebiscite to
which the treaty of Ancon submitted
them should have resulted in favor
of Chile.

Neither the one nor the other thing
has occurred, so that my Govern-
ment finds itself obliged to declare
that Peru does not accept or recog-
nize these arrangements in which she
has had no part; that they are not,
for that reason, binding in any sense,
and that they can not modify the
legal status of the territory of “Tacna
and Arica, over which Peru contin-
ues to hold dominion, Chile being
merely an occupant and holder,
whose legal title terminated 10 years
ago when the plebiscite to which the
treaty of Ancon refers should have
been effected. .

With assurances, Mr. Minister, of
my highest and most distinguished
consideration.

J. Prapo y UGARTECHE.

To his Excellency the Minister of
Foreign Relations of the Republic of
Chile.

1014

MINISTERIO DE
RELACIONES EXTERIORES

Santiago, 15 de marzo de 1905.
SENOR MINISTRO:

Se ha recibido en este Ministerio la
communicación de V. E., fechada el
18 de febrero próximo pasado, en la
que V. E. manifiesta que hace “ ex-
presa protesta y reserva de los dere-
chos del Perù” por las estipulaciones
contenidas en las cláusulas segunda y
tercera del Tratado de Paz y Amistad
de 20 de octubre de 1904, la primera
de las cuales se refiere á la demarca-
ción de fronteras entre Chile y Bo-
livia, y la segunda á la construcción de
un ferrocarril que unirá el puerto de
Arica con el Alto de la Paz.

Sostiene V. E. que el Pacto de An-
cón reservó al Perú el dominio de
Tacna y Arica, y á Chile sólo confirió
una mera ocupación precaria, y refi-
riéndose, en seguida, á las reglas del
derecho internacional y civil, agrega
que Chile no puede ejecutar en dichos
territorios ningún acto de dominio ó
soberanía sin la aquiescencia del Perú.
No es difícil demostrar que esta in-
terpretación no se aviene ni con la
letra ni con el espiritu del mencionado
pacto.

En efecto, no ignora V. E. que una
porción de territorio pertenece al Es-
tado que, con título suficiente, tiene
facultad para ocuparlo y someterlo á
sus autoridades y leyes, y como el

DOCUMENTS

MINISTRY OF FOREIGN
RELATIONS

Santiago, March 15, 1905.
MR. MINISTER:

There has been received in this
ministry the communication of your
excellency dated February 18 last,
which your excellency states has
for its object the making of a
“formal protest and reservation of
the rights of Peru” under the stip-
ulations contained in the second and
third clauses of the treaty of peace
and friendship of October 20, 1904,
the first of which refers to the demar-
cation of frontiers between Chile and
Bolivia, and the second to the con-
struction of a railroad which will
unite the port of Arica with Alto
de la Paz.

Your excellency contends that the
pact of Ancon reserves to Peru do-
minion over Tacna and Arica and
confers upon Chile only a mere pre-
carious occupation, and, going on to
refer to the rules of international
and civil law, adds that Chile could
not execute in said territories any act
of dominion or sovereignty without
the acquiescence of Peru. It is not
difficult to demonstrate that this in-
terpretation does not conform either
with the letter or with the spirit of the
pact mentioned.

In fact, your excellency is not un-
aware that a portion of territory be-
longs to the State which, with suffi-
cient title, has the ability to occupy
it and subdue it to its authority and

THE TACNA-ARICA QUESTION, 1883—

artículo tercero de dicho tratado esta-
blece que el territorio de las provincias
de Tacna y Árica “ continuará poseído
por Chile y sujeto á la legislación y
autoridades chilenas,” es evidente que
el Perú cedió á Chile la plena y abso-
luta soberanía sobre esas provincias,
sin limitación alguna en cuanto á su
ejercicio y sólo limitada en cuanto á su
duración por el evento de que un ple-
biscito, que debe convocarse después
de transcurridos diez años, á contar
desde la ratificación de aquel Tratado,
así lo declare.

El plazo de diez años que establece
el Tratado de Ancón no tuvo otro ob-
jeto que asegurar a Chile un minimum
de tiempo en el ejercicio de la sobe-
ranía; pero, en manera alguna, sig-
nifica que dentro de él haya debido
hacerse necesariamente la consulta
popular. Este punto ha sido conside-
rado en comunicaciones anteriores
que obran en poder de la Cancillería
peruana, En esas comunicaciones se
ha comprobado igualmente que no es
imputable á Chile el retardo en la con-
vocación del plebiscito.

“* Expirado este plazo, agrega el ar-
tículo 3°., un plebiscito decidirá en
votación popular, si el territorio de las
provincias referidas queda definstiva-
mente del dominio y soberanía de
Chile, ó si continúa siendo parte del
territorio peruano.”

Para que ese territorio pueda quedar
definitivamente bajo el dominio y so-
beranía de Chile, es menester que este

1015

legislation, and as the third article of
said treaty establishes that the terri-
tory of the Provinces of Tacna and
Arica “will continue possessed by
Chile and subject to Chilean legisla-
tion and authority” it is evident that
Peru ceded to Chile complete and ab-
solute sovereignty over these prov-
inces, without any limitation as to its
exercise, and limited only in its dur-
ation by the holding of a plebiscite,
which should be called after ten
years had passed, dating from the
ratification of that treaty, as it states.

The period of 10 years which the
treaty of Ancon establishes had no
other object than to insure to Chile
a minimum of time in the exercise of
sovereignty; but it in no manner sig-
nifies that within that period there
ought necessarily to have been a con-
sultation of the popular will. This
point has been considered in previous
communications which are in the pos-
session of the Peruvian chancellery.
In those communications it has been
shown likewise that the delay in call-
ing the plebiscite is not attributable
to Chile. .

“At the expiration of that term,”
adds article 3, “a plebiscite shall, by
means of a popular vote, decide
whether the territory of the Prov-
inces referred to is to remain indef-
mitely under the dominion and sover-
eignty of Chile, or to continue to
form a part of the Peruvian terri-
tory.”

In order that this territory may re-
main definitely under the dominion
and sovereignty of Chile, it is neces-

1016

país haya ejercido y ejerza temporal-
mente dichos derechos. La palabra
continúa que V. E, subraya en su
comunicación, no se refiere á la situa-
ción anterior al Tratado sino á la que
pueda sobrevenir después de convo-
cado el plebiscito, ya que, de otro
modo, existiría una contradicción en
los términos del articulo tercero, en
la cual no han podido incurrir los que
lo redactaron.

Los derechos de Chile y del Perú
con respecto á las provincias de Tacna
y Arica, tales como se encuentran
definidos en el Tratado de Ancón, son,
pues, bien diferentes: el de Chile es
actual y pleno, pero nó definitivo; el
del Perú es meramente eventual.

El alcance que mi Gobierno da al
articulo 3°. del Tratado de Ancón
cuenta en su apoyo no sólo los tér-
minos esplicitos de éste, sino también
las declaraciones recientes que ha
hecho el Gobierno de V. E. á un Es-
tado amigo. |

El articulo segundo del Tratado de
delimitación de fronteras celebrado
entre el Perú y Bolivia el 23 de sep-
tiembre de 1902 y ratificado el 30 de
enero de 1904, que tan oportunamente
transcribe V. E. en la nota que con-
testo, dice asi:

“Las Altas Partes Contratantes
convienen en proceder, conforme á las
estipulaciones del presente Tratado,
á la demarcación de la linea que separa
las provincias de Tacna y Arica de la
Boliviana de Carangas, inmediata-

DOCUMENTS

sary that this country should have
temporarily exercised and enforced
said rights. The word continue,
which your excellency underscores in
your communication, does not refer
to the situation prior to the treaty but
to that which might come to pass
after calling the plebiscite. Other-
wise there would exist a contradic-
tion in the terms of the third article
into which those who edited it could
not have fallen.

The rights of Chile and Peru with
respect to the Provinces oí Tacna
and Arica, such as are defined in the
treaty of Ancon, are, then, quite dif-
ferent; those of Chile are actual and
plenary, but not definite; those of
Peru are merely fortuitous.

The weight which my Government
gives to Article 3 of the treaty of An-
con takes into account not only its
explicit terms but also the recent dec-
larations which the Government of
your excellency has made to a
friendiy State.

The second article of the treaty of
delimitation of boundaries celebrated
between Peru and Bolivia the 23d
of September, 1902, and ratified the
30th of September, 1904, which your
excellency so opportunely tran-
scribes in the note 1 am replying to,
speaks thus:

“The high contracting parties
agree equally in proceeding accord-
ing to the stipulations of the present
treaty to the demarcation of the line
which separates the Provinces of
Tacna and Arica from the Bolivian

THE TACNA-ARICA QUESTION, 1883— 1017

mente después que esas vuelvan à estar
bajo la soberanía del Perú.”

El Gobierno de V. E. reconoce, por
lo tanto, expresamente, en este Tra-
tado, que las provincias de Tacna y
Arica no están actualmente bajo la
soberanía del Perú, lo que importa re-
conocer, en forma implicita, que ésta
es ejercida por Chile. Y, si se con-
sidera el conjunto de derechos que la
soberanía territorial lleva consigo,
comprenderá V. E. que la protesta que
formula no se encuentra de acuerdo
con un reconocimiento tan categórico
como espontáneo.

Es verdad que V. E. sostiene en
varias partes de su comunicación que
el Perú ha conservado el dominio de
aquellos territorios, que “continúa
siendo dueño del dominio” en ellos.
Pero V. E. no ignora, sin duda, que
la doctrina tradicional del dominio 6
propiedad que ejerce un Estado sobre
el territorio sometido á su jurisdic-
ción, tiende á desaparecer en absoluto
del derecho internacional moderno, y
que sólo se aplica, sin contradicción,
en el Derecho Civil, que no rige las
relaciones entre los Estados. Por
otra parte, aun dentro de aquella doc-
trina, es bien sabido “ que á la sobe-
rania territorial pertenece exclusiva-
mente el dominio en toda la extensión
de sus poses y que sólo, desde este
punto de vista y no considerando sino
la situación internacional del Estado,
puede decirse que él es propietario de
su territorio,”

line of Carangas, immediately after
these are again under the soveresgnty
of Peru”

Your excellency's Government rec-
ognizes, for the same reason, ex-
pressly, in this treaty that the Prov-
inces of Tacna and Arica are not ac-
tually under the sovereignty of Peru,
and, what it is important to recognize
in implicit form, that this sovereignty
is exercised by Chile. If therefore
the united rights which territorial sov-
ereignty carries with it are consid-
ered, your excellency will understand
that the protest which you formulate
is not in accord with a recognition
as categorical as it is spontaneous.

It is true that your excellency con-
tends in various parts of your com-
munication that Peru has conserved
the dominion of those territories, and
that it “continues to hold dominion
over them.” But your excellency is
doubtless not unaware that the tradi-
tional doctrine of dominion or pro-
priety which a State exercises over
the territory subject to its jurisdic-
tion tends to disappear absolutely
from modern international law, and
that it applies only in civil law, which
does not govern relations between
States. On the other hand, even
within that doctrine, it is well known
“that to territorial sovereignty be-
longs exclusively dominion over the
whole extension of its possessions
and that only from this point of view
and considering alone the interna-
tional situation of the State can it be
said that it is the proprietor of its ter-
ritory.”

1018

La convención celebrada entre Perú
y Bolivia demuestra, además, que esta
última República ha tomado en cuenta
la situación internacional de Tacna y
Arica al celebrar dos tratados rela-
tivos á la delimitación de su frontera:
uno con Chile, el país que actualmente
ejerce soberania y dominio en esos
territorios, y el otro con el Perú, que
tiene tan sólo una mera expectativa de
ejercerlos. En el tratado celebrado
con Chile, se estipula el límite que los
dos paises fijan entre sí en las provin-
cias de Tacna y Arica; en el celebrado
con el Perú, se declara que ambos
países fijarán de común acuerdo ese
limite, en el caso de que dichas pro-
vincias vuelvan á la soberanía del
Perú. Las expectativas del Perú es-
tán, pues, cuidadosamente contem-
pladas en dichos tratados.

También ha estimado V. E. opor-
tuno llamar la atención de este Go-
bierno al hecho de que “no hay pre-
cedente en la historia de las rela-
ciones políticas entre las naciones, de
un territorio sometido á plebiscito por
tratado público y obligatorio entre dos
países, que permanezcan, sin embargo,
de hecho, en poder de uno de ellos,
después de vencido el término que se
fijó para que se expresara la voluntad
popular que debe decidir de su suerte
definitiva.”

Es casi excusado que manifieste á
V. E., que los precedentes que invoca
en el párrafo transcripto, no pueden
existir, porque todos los plebiscitos
internacionales habidos en los dos úl-

DOCUMENTS

The convention celebrated between
Peru and Bolivia shows, besides, that
the latter Republic has taken into ac-
count the international situation of
Tacna and Arica in celebrating two
treaties relative to the delimitation
of their boundary; one with Chile,
the country which actually exercises
sovereignty and dominion in those
territories, and the other with Peru,
which has only a mere prospect of
exercising them. In the treaty cel-
ebrated with Chile the boundary
which the two countries shall fix be-
tween themselves in the Provinces of
Tacna and Arica is stipulated ; in that
celebrated with Peru, it is declared
that both countries shall fix, by com-
mon agreement, that boundary in
case said Provinces return to the sov-
ereignty of Peru. The prospects of
Peru, are, then, carefully contem-
plated in said treaties.

Your excellency has also esteemed
it opportune to call the attention of
this Government to the fact “that
history of political relations between
nations furnishes no precedent for
a territory submitted by a public
and binding treaty between two coun-
tries to a plebiscite which remained,
nevertheless, in the power of one of
them after the expiration of the time
fixed for the expression of the pop-
ular will which should definitely de-
cide its fate.”

It is scarcely permissible that I
should set forth to your excellency
that the precedents which you invoke
in this paragraph do not exist, be-
cause all the international plebiscites

THE TACNA-ARICA QUESTION, 1883—

timos siglos no han sido sino un medio
ideado, 6 para sancionar una anexión
ya hecha, como los que se verificaron
en la época de la revolución francesa, 6
para atenuar una anexión ó una cesión
acordada de antemano, como los que
han tenido lugar en el siglo XIX. El
resultado, como consecuencia natural,
ha sido siempre favorable al país
anexante, que no vió jamás en ellos
una discusión de sus derechos sino tan
sólo una mera formalidad.

No está fuera de lugar recordar á
V. E. que el Tratado de Praga, de 23
de agosto de 1866, celebrado entre la
Prusia y el Austria, estipuló el plebis-
cito en favor de la población danesa
del Schlewig, ocupado por la Prusia;
pero esa estipulación quedó sin efecto
por convención posterior, porque el
Gobierno austriaco, apreciando los
acontecimientos, no como él y la pobla-
ción danesa lo deseaban, sino en con-
formidad á la realidad de las cosas,
reconoció la anexión de esa porción de
territorio á la Prusia como un hecho
cohsumado.

La conclusión que claramente se
desprende de los precedentes diplo-
máticos sobre plebiscitos, es que su
estipulación nunca ha tenido otro ob-
jeto que el de llegar, en forma respe-
tuosa del sentimiento nacional, á una
cesión ó anexión de territorio.

No ignora, además, V. E. que la
diplomacia moderna ha ideado otros
procedimientos para encubrir cesiones
6 anexiones territoriales. Dentro de

1019

held within the last two centuries
have been but hypothetical measures
or for the purpose of sanctioning an
annexation already made, as those
called during the French Revolution,
or to attenuate an annexation or ces-
sion already made, as those which
have taken place in the nineteenth
century. The result, as a natural
consequence, has always been favor-
able to the annexing country, which
never yet saw in these plebiscites any
discussion of its rights but only a
mere formality.

It is not out of place to remind
your Excellency that the treaty of
Prague, celebrated between Prussia
and Austria on August 23, 1866, stip-
ulated a plebiscite in favor of the
Danish population of Sehleswig, oc-
cupied by Prussia ; but this stipulation
remained without effect according to
subsequent arrangement, because the
Austrian Government, appreciating
the situation, and not because they or
the Danish population wished it, but
in conformity with the reality of
things, recognized the annexation of
that portion of territory to Prussia
as an act consummated.

The conclusion which may be
clearly drawn from the diplomatic
precedents on plebiscites is that their
stipulation has never had other object
than to bring about, in a form re-
spectful to national sentiment, a ces-
sion or annexation of territory.

Moreover, your excellency is not
unaware that modern diplomacy has
conceived other methods for covering

‘territorial annexations or cessions.

1020

los limites que debe tener esta res-
puesta no será posible hacer un análi-
sis de esos procedimientos, ni pasar en
revista los numerosos casos en que se
han aplicado.

Con todo, no está demás recordar
que limitados aparentemente algunos
de ellos á la simple ocupación y ad-
ministración de un territorio, se ha
considerado que importaban en el
hecho una cesión que ha autorizado al
Estado ocupante para ejercer en aquél
los derechos inherentes al dominio y
soberanía.

No pretendo, por cierto, equiparar
estos casos á la stiuación que existe en
el territorio de Tacna y Arica, respecto
del cual hay un Tratado que confiere
expresamente á Chile la soberanía
plena y absoluta en cuanto á su ejer-
cicio y sólo limitada por el evento de
una condición.

Estos hechos y antecedentes justi-
fican la declaración que hago á V. E.
de que el Gobierno de Chile no acepta
que el del Perú le desconozca el indis-
cutible derecho que tiene para ejecutar
actos de dominio y soberanía en las
provincias de Tacna y Arica y para
considerarlas como parte integrante
del territorio chileno, mientras un ple-
biscito, que aun no ha podido convo-
carse por circunstancias que esta Can-
cillería ha tenido ya ocasión de ana-
lizar y exponer al Gobierno de V. E.,
no decida si las expresadas provincias
se reincorporaran 6 nó al territorio
del Perú. Chile puede ahora cumplir,
y cumplirá aún más que en el pasado,
con el deber de dar á esas provincias

DOCUMENTS

Within the limits of this communica-
tion an analysis of these procedures
would not be possible, nor would it
be possible to review the numerous
cases in which they have applied.

Nevertheless, it is not too much to
bring to mind that in some of these
cases, where the cession was appar-
ently limited to the simple occupation
and administration of territory, it
has been considered that there was
implied a cession which has author-
ized the occupying State to exercise
the rights inherent in dominion and
sovereignty.

I do not assume, certainly, to place
these cases on a parallel with the sit-
uation which exists in the territory
of Tacna and Arica, respecting which
there is a treaty conferring expressly
upon Chile complete and absolute
sovereignty as regards their exercise,
and limited only by an eventuality.

These facts and precedents justify
the declaration which I made to your
excellency that the Government of
Chile refuses to admit that the Gov-
ernment of Peru is unaware of its in-
disputable right to exercise dominion
and sovereignty in the Provinces of
Tacna and Arica pending the decision
of a plebiscite, not even yet called by
reason of circumstances which the
chancellery has already had occasion
to analyze and reveal to the Govern-
ment of your excellency, as to
whether these Provinces shall be re-
incorporated or not in the territory
of Peru. Chile can now fulfill, and
will fulfill even more than in the past,
the duty of giving these Provinces

THE TACNA-ARICA QUESTION, 1883—

la mayor suma de bienestar material
y moral, y de implantar en ellas todas
las medidas de orden y progreso que
sean necesarias para afianzar la uni-
dad de sentimientos é intereses que le
permitan, dentro de las solemnes dis-
posiciones del Tratado de Ancón y sin
vulnerar ni violentar las expectativas
del Perú, adquirir definitivamente el
dominio y soberanía de Tacna y
Árica.

Dignese, señor Ministro, recibir las
seguridades de mi más alta y distin-
guida consideración.

Luis A. VERGARA.

MINISTERIO DE
RELACIONES EXTERIORES

Lima, 25 de abril de 1905.
SENOR MINISTRO:

El señor Secretario de la Legación
de Chile ha entregado á este Despacho
la nota de V. E., de 15 de marzo úl-
timo.

V. E. reconoce en ella que las
estipulaciones del Tratado de Paz y
Amistad celebrado por Chile con Bo-
livia en 20 de octubre de 1904, que ha
motivado la nota de protesta de mi
Gobierno, de 18 de febrero próximo
pasado, no pueden obligar ni afectar
al Perú por los derechos que, con-
forme al Tratado de Ancón, mantiene
sobre las provincias de Tacna y Arica;
pero, á la vez, ha creido conveniente
V. E. aducir diversas consideraciones
encaminadas á probar que en dichas
provincias ejerce Chile soberanía y

1021

the largest measure of material and
moral well-being, and of implanting
in them all the means of order and
progress which may be necessary to
guarantee the unity of sentiment and
interest which permit her, under the
solemn dispositions of the treaty of
Ancon and without changing or vio-
lating the prospects of Peru, to ac-
quire definitely the dominion and
sovereignty-over Tacna and Arica.

With assurances, Mr. Minister, of
my highest and most distinguished
consideration.

Luis A. VERGARA.

To His Excellency the Minister of
Foreign Relations of Peru.

MINISTRY OF FOREIGN
RELATIONS

Lima, April 25, 1905.
MR. MINISTER:

The secretary of the legation of
Chile has delivered to this office the
note of your excellency of March 15,
last.

Your excellency recognizes in it
that the stipulations of the treaty of
peace and friendship celebrated be-
tween Chile and Bolivia October 20,
1904, giving rise to the note of pro-
test of my Government of February
18, last, do not bind or affect Peru
in those rights which, according to
the treaty of Ancon, she maintains
over the Provinces of Tacna and
Arica; but, at the same time, your ex-
cellency has believed it fitting to ad-
duce diverse considerations to prove
that in said Provinces Chile exercises

1022

dominio temporales; sosteniendo así
teorías que están en desacuerdo con la
letra y el espiritu del Tratado de An-
cón, y con los principios fundamenta-
les del Derecho Internacional.

Por su propia naturaleza, la sobe-
ranía, que es la facultad suprema de
los pueblos para constituirse, gober-
narse y proceder libre é independiente-
mente, y el dominio, que es el derecho,
asimismo, de libre y absoluta dispo-
sición de la propiedad, representando
ambos la plenitud de la nacionalidad,
del Gobierno político y de los derechos
territoriales, son incompatibles con
una situación provisional, precaria,
por tiempo fijo, á cuyo vencimiento,
conforme á un pacto internacional,
debe decidirse de la soberanía y del
dominio que se pretenden.

Hay ejemplos de limitación en la
amplitud de los derechos de soberania
y dominio, como en la antigua ficción
de los Estados semi-soberanos, y en
la condición de los Estados y terri-
torios protegidos y tributarios; pero
no pueden darse una soberanía y un
dominio plenos y absolutos por tiempo
limitado y en condición aleatoria, pues
el carácter de firmeza y los efectos de
perpetuidad constituyen atributos
esenciales de aquellos derechos, cuya
subsistencia y ejercicios son inconcili-
ables con un Estado en el que la na-
cionalidad, a la que corresponde la
soberanía, y la personalidad del dueño,
al que pertenece el dominio, se en-
cuentran sometidos al resultado de un
plebiscito por efectuarse.

DOCUMENTS

temporary dominion and sovereignty,
sustaining thus theories which are
in disagreement with the letter and
the spirit of the treaty of Ancon, and
with the fundamental principles of
international law.

By its own nature, sovereignty,
which is the supreme faculty of peo-
ples to establish and govern them-
selves and proceed free and independ-
ent; and dominion, which is the
right likewise of free and absolute
disposition of property, representing
together the fuliness of nationality,
of political government, and of terri-
torial rights, are incompatible with a
provisional status, precarious, for a

_ fixed time, at whose expiration, in ac-

cordance with an international pact,
sovereignty and dominion shall be de-
termined.

There are examples of limitation
in the amplitude of the rights of sov-
ereignty and dominion, as in the an-
cient fiction of semisovereign States,
and in the condition of protected and
tributary States; but absolute sover-
eignty and dominion can not be given
for a limited time and in uncertain
status, since the character of firm-
ness and the effects of perpetuity con-
stitute essential attributes of those
rights, whose subsistence and exer-
cise are irreconcilable with a State in
which the nationality, to which cor-
responds sovereignty, and the per-
sonality of the owner, to which per-
tains dominion, are subject to the re-
sult of a projected plebiscite.

THE TACNA-ARICA QUESTION, 1883—

Tampoco es sostenible, ante el
Derecho Público, que la soberanía y el
dominio puedan adquirirse, aparte de
los casos de fuerza, sin cesión del so-
berano y dueño de los territorios.

V. E. insinúa la idea de que en el
Tratado de Ancón no se fijó perento-
riamente la fecha en que debía efec-
tuarse el plebiscito; pero no cabe duda
sobre que en él se halla estipulado que
el plebiscito debía realizarse al venci-
miento de los diez años de la ocupa-
ción, 6 sea el 28 de marzo de 1884,
sin que materialmente fuera preciso
indicar esta fecha, pues ella quedaba
justamente determinada señalándola
por años, que comenzaban á contarse,
dice ese pacto, desde que él fuese rati-
ficado.

En las negociaciones de paz entre
Chile y el Perú que precedieron al
Tratado de Ancón, aquél exigió, ade-
más de la cesión de Tarapacá — cuya
importancia y riqueza ha superado á
todos sus cálculos — una indemniza-
ción en dinero de veinte millones de
pesos, que no fué aceptada por el Perú.

Los negociadores chilenos propu-
sieron entonces la de compensarla por
la venta y cesión de los territorios de
las provincias de Tacna y Arica, á lo
que también se negaron absolutamente
los negociadores peruanos.

Como resultado final, y sin ninguna
otra inteligencia al respecto, se llegó
á convenir en la estipulación del Tra-
tado de Ancón por la que continuaban
dichos territorios en posesión de Chile

1023

Neither can it be sustained, before
public law, that sovereignty and do-
minion can be acquired, except in
cases where force is employed, with-
out cession from the sovereign and
owner of the territory.

Your excellency insinuates that in
the treaty of Ancon the date of the
plebiscite is not definitely fixed; but
there is no doubt but that in the
treaty it is stipulated that the pleb-
iscite shall be held at the expiration
of 10 years from the occupation, or
March 28, 1884, it not being material
to indicate “the date, since it is ex-
actly determined, commencing, says
the agreement, with the ratification
of the treaty.

In the peace negotiations between
Chile and Peru which preceded the
treaty of Ancon, Chile demanded,
besides the cession of Tarapaca —
whose importance and riches had sur-
passed all calculations — an indem-
nity in money of 20,000,000 pesos,
which was not accepted by Peru.

The Chilean negotiators then pro-
posed to compensate her by the sale
and cession of the territory of the
Provinces of Tacna and Arica, to
which also the Peruvian negotiators
refused absolutely to assent.

As a final result, and without any
other intelligence respecting it, an
agreement was reached in the stipula-
tion of the treaty of Ancon for the
continuation of said territories in the

1024

durante diez años, á cuyo vencimiento
se celebraia un plebiscito para re-
solver, en votación popular, acerca de
su soberanía y dominio definitivos, con
la obligación de pagar el país en cuyo
favor se decida el plebiscito, diez mil-
lones de pesos á la otra Parte Contra-
tante.

Estos son los verdaderos antece-
dentes de aquelles negociaciones, los
cuales se hallan ampliamente confir-
mados en la Memoria presentada por
la Cancillería chilena al Congreso Na-
cional en 1883, documento de fuerza
y valor auténtico para V. E., y en el
que, al someter el Tratado á la apro-
bación del Congreso de Chile, se hace
la historia detallada de dichas nego-
ciaciones, terminando con estas pala-
bras:

“Si el resultado del plebiscito vol-
viera la región de Tacna y Arica al
dominio del Perú, cumpliría a la po-
lítica leal y honrada de Chile acatar
el fallo de aquellos pueblos, limitán-
dose á recibir una compensación pe-
cuniaria de diez millones de pesos que,
unida 4 la renta que nos habría pro-
curado anticipadamente la ocupación
de esos territorios durante diez años,
excedería, sin duda alguna, á la que
habiamos reclamado á este mismo
título en las bases propuestas en 1881
y 1882.”

Al Gobierno de mi país le es muy
grato aceptar la invitación de V. E.,
con el objeto de negociar la ejecución
del Tratado de Ancón respecto de las
provincias de Tacna y Arica; hallán-
dose al mismo tiempo, convencido que

DOCUMENTS

possession of Chile for 10 years, at
the expiration of which a plebiscite
would be held to determine by popu-
lar vote, the definite sovereignty and
dominion, with the obligation by the
country in whose favor it may be de-
cided to pay 10,000,000 pesos to the
other contracting party.

These are the true antecedents of
those negotiations, and are amply
confirmed in the memorial presented
by the Chilean chancellery to the Na-
tional Congress in 1883, a document
of force and authentic worth for your
excellency, in which, on submitting
the treaty to the approbation of the
Chilean Congress, was given the de-
tailed history of said negotiations,
ending with these words:

‘If the result of the plebiscite shall
return the region of Tacna and Arica
to the dominion of Peru, Chile will
loyally and honorably respect the de-
cision of those peoples, limiting her-
self to receiving a pecuniary compen-
sation of 10,000,000 pesos, ‘which,
added to the revenue we would have
procured anticipating the occupation
of those territories for 10 years,
would exceed, without doubt, what
we claimed on the basis proposed in
1881 and 1882.”

It is very pleasing to the Govern-
ment of my country to accept the in-
vitation of your excellency, with the
object of negotiating the execution
of the treaty of Ancon respecting the
Provinces of Tacna and Arica, it be-

THE TACNA-ARICA QUESTION, 1883—

?

nada contribuirá más á afianzar las
cordiales relaciones que me expresa
V. E. deben unir á los pueblos ameri-
canos para la realización de sus soli-
darios destinos, que el fiel cumpli-
miento de sus compromisos interna-
cionales y las vinculaciones de sus reci-
procos intereses.

Dignese V. E. aceptar, una vez más,
las seguridades de mi alta y distin-
guida consideración.

J. PrADO Y UGARTECHE.

Al Excmo. señor Ministro de Rela-
ciones Exteriores de la República de
Chile.— Santiago.

Confidencial

MINISTERIO DE
RELACIONES EXTERIORES

Santiago, 25 de marzo de 1908.
SENOR MINISTRO:

En la primera entrevista que V. E.
celebró con el infrascripto, se sirvió
formular el deseo de abordar desde
luego la solución del problema sobre
la nacionalidad definitiva de Tacna y
Arica, según las disposiciones del Tra-
tado de Paz firmado en Ancón.

Tuve, en esa virtud, el honor de
proponer á V. E. un plan de negocia-
ciones que consta de varios proyectos
de Convenio y cuya ejecución satis-
faría, á juicio de mi Gobierno, los
recíprocos anhelos de concordia que
predominan en ambas Repúblicas.

1025

ing at the same time convinced that
nothing will contribute more toward
binding ‘the cordial relations which
your excellency states should unite
American peoples for the realization
of their united destiny than the faith-
ful fulfillment of international agree-
ments and the ties of reciprocal in-
terests.

Please accept once more the as-
surances of my high and distin-
guished consideration.

J. PRADo Y UGARTECHE.

To His Excellency The Minister of
Foreign Affairs — Santiago.

Confidential

MINISTRY OF FOREIGN
RELATIONS

Santiago, March 25, 1908.
MR. MINISTER:

The first interview which your ex-
cellency held with the undersigned
served to formulate the desire of
taking up immediately the solution of
the problem concerning the definite
nationality of Tacna and Arica, ac-
cording to the dispositions of the
treaty of peace signed in Ancon.

I had, as regards this, the honor to
propose to your excellency a plan of
negotiation which consists of various
projects of agreement and whose ex-
ecution would, in the judgment of
my Government, satisfy the recipro-
cal desires for peace which predom-
inate in both Republics.

1026

La negociación de conjunto que he
tenido el honor de bosquejar á V. E.
abarca las materias siguientes:

1% Ajuste de una Convención
Comercial que conceda liberación 6
franquicias aduaneras á ciertos y de-
terminados productos de cada uno de
los dos países, que son de consumo en
el otro.

2°. Celebración de un Convenio
para el fomento de la marina mercante
y para el establecimiento de una linea
de navegación á vapor costeada ó sub-
vencionada por los dos Gobiernos, con
el objeto de desarrollar el comercio de
sus costas.

3°. Asociación de los dos países
para realizar con sus recursos y su
crédito la obra de unir por ferrocarril
las capitales de Santiago y Lima.

4°. Ajuste del Protocolo que ha de
establecer la forma del plebiscito
estipulado para la determinación de la
nacionalidad definitiva de Tacna y
Árica.

5°. Convenio para elevar el monto
de la indemnización que debe dar al
otro país aquel que adquiera la sobe-
ranía definitiva de ese territorio.

Bien sabe V. E. que el Tratado de
1883 al entregar á la resolución de un
plebiscito la determinación de la na-
cionalidad definitiva de Tacna y Arica,
no expresó qué era lo que debiera en-
tenderse por dicho plebiscito, ni fijó
tampoco el modo y forma de su eje-
cución. Razonablemente, tales omi-
siones no pueden atribuirse á olvido

DOCUMENTS

The joint negotiations which 1 have
the honor to outline to your excel-
lency embrace the following matters:

1. Arrange a commercial conven-
tion which shall grant exemption
from customs to certain stated prod-
ucts of each country that are of use
in the other.

2. Celebration of an agreement for
the promotion of the merchant ma-
rine and for the establishment of a
line of steamers at the expense or by
the subvention of the two Govern-
ments, with the object of developing a
coast trade.

3. Association of the two coun-
tries for the realization of their re-
sources and their credit in joining the
capitals of Santiago and Lima by
railway.

4. Arrangement of the protocol
for establishing the form of plebis-
cite stipulated for the determination
of the definite nationality of Tacna
and Arica.

5. Arrangement to raise the
amount of indemnity which the coun-
try acquiring definite sovereignty
over this territory shall give to the
other.

Your excellency knows well that
the treaty of 1883 on leaving to be
determined by plebiscite the definite
nationality of Tacna and Arica did
not express what was to be under-
stood by said plebiscite, nor did it fix
the forms and manner of its execution.
Naturally such omissions can not be
attributed to forgetfulness on the

THE TACNA-ARICA QUESTION, 1883—

de parte de los negociadores, sino á un
reconocimiento implicito de que el

procedimiento pactado no podía ser.

otro que el de los plebiscitos incorpo-
rados en la Historia del Derecho In-
ternacional.

Mi Gobierno, con todo, deseoso
ahora, como antes, de arribar a una
solución amigable, estaría dispuesto á
no hacer valer estrictamente los dere-
chos que le acuerdan el espiritu y la
letra de la cláusula 3°. del Tratado de
Ancón y á no mantenerse tampoco
exactamente en el terreno en que los
publicistas y los precedentes diplomá-
ticos colocan los pactos plebiscitarios
siempre que por su parte el Perú fa-
cilitara el avenimiento, renunciando
pretensiones extremas que lo frustra-
rían indudablemente.

No escapará al ilustrado criterio de
V. E. que el derecho de voto no tiene
en este caso el objeto y la significa-
ción que la Constitución y las Leyes
internas de cada Estado atribuyen al
sufragio político. Su carácter es emi-
nentemente internacional, como que se
trata de determinar á cuál país corre-
sponde la soberanía definitiva sobre
una porción de territorio. No hay
duda, entonces, de que deben ser lla-
mados á ejercitar el derecho de su-
fragio plebiscitario todos los habi-
tantes hábiles del territorio: mo sólo
los nacionales de uno y otro país in-
teresado que hayan constituido domi-
cilio en el territorio y que estén libres
de toda inhabilidad 6 incapacidad,
sino también los residentes extranjeros
que se hallen en iguales condiciones.

En el plebiscito debe ser consultada

1027

part of the negotiators, but to an im-
plicit recognition that the procedure
agreed upon could not be other than
that of the plebiscites incorporated
in the History of International Law.

My Government, then, now desir-
ous as before, of arriving at a
friendly solution, would not be dis-
posed to hold strictly to the rights
which are accorded to it in the letter
and the spirit of clause 3 of the
treaty of Ancon nor to maintain itself
exactly in the field in which publicists
and diplomatic precedents place pleb-
iscites, if on her part Peru will facil-
itate the arrangement and renounce
her extreme pretensions, which will
undoubtedly frustrate any solution.

It will not escape the intelligent
judgment of your excellency that the
right to vote has not in this case the
purpose and significance which the
constitution and the internal laws of
each State attribute to the political
suffrage. Its character is eminently
international, as it treats of the de-
termination as to which country be-
longs definite sovereignty over a por-
tion of territory. There is no doubt,
then, that there ought to be called to
exercise the rights of suffrage all the
able inhabitants of the territory; not
only the nationals of the one or the
other country interested who have es-
tablished residence in the territory
and are free from all unfitness or in-
capacity, but also the foreign resi-
dents who are in a similar status.

‘ In the plebiscite the will of the for-

1028

la voluntad de los extranjeros tanto
porque su derecho ha sido implicita-
mente reconocido en el Tratado al em-
plear la fórmula de “ votación popu-
lar,” cuanto porque no es equitativo ni
razonable privarlos de participación
en una consulta sobre la suerte de la
tierra donde han radicado sus in-
tereses, donde han constituido su fa-
milia y á cuya prosperidad contri-
buyen en parte muy principai con la-
bor fecunda y perseverante.

Mi Gobierno entiende asimismo,
que por el hecho de estar ejerciendo
la soberanía en Tacna y Arica es de
su exclusiva incumbencia la designa-
ción del personal que debe presidir el
acto plebiscitario, ya en la inscripción
de los electores, ya en la recepción de
los sufragios, ya en la proclamación
del escrutinio.

Y con este motivo me es grato reite-
rar á V. E. las seguridades mas abso-
lutas de la resolución que tiene mi
Gobierno de adoptar las medidas y
formalidades más adecuadas para que
la consulta popular no motive la
menor desconfianza de parte del de
V. E. y para que su resultado no deje
margen á recriminaciones de ninguna
especie.

Entrando un poco en los detalles
que son para V. E. materia de preocu-
pación, puedo anticipar á V. E. que no
veo inconveniente para que nuestras
autoridades, al constituir las mesas
electorales, den representación en ellas
a ciudadanos de nacionalidad peruana
y á ciudadanos de otras nacionali-
dades.

DOCUMENTS

eigners should be consulted as much
because their right has been implicitly
recognized in the treaty in employing
the formula “ popular vote” as be-
cause it is not equitable or reasonable
to deprive them of participation in
a consultation over the fate of the
country where their interests are
rooted, where they have established
their family, and to whose prosperity
they contribute in large part with
fruitful and persevering labor.

My Government understands also
that by the fact of exercising sover-
eignty in Tacna and Arica it devolves
upon it exclusively to designate the
personnel which ought to preside in
holding the plebiscite, whether in the
reception of voters or in the scrutiny
of the ballots.

And with this motive it gives me
pleasure to repeat to your excellency
the most absolute assurances of the
resolution which my Government has
of adopting the means and formali-
ties most adequate for the elimination
of any cause for the least lack of con-
fidence on the part of your excellency
in order that the result may leave no
margin for recriminations of any
kind.

Entering a little into the details
which are for your excellency a mat-
ter of preoccupation, 1 can say that
it does not appear to me unfitting that
our authorities, in constituting the
electoral board, should give repre-
sentation on it to citizens of Peru-
vian nationality and of other nation-
alities.

THE TACNA-ARICA QUESTION, 1883—

El proyecto de Convenio que he
tenido el honor de proponer a V. E.
bajo el número 5°., estipularia un
aumento de la suma de dinero que
debe pagar al otro estado, en calidad
de indemnización, aquel que resulte
favorecido por el fallo plebiscitario.

El infrascripto estima que este sería
otro de los medios más eficaces para
conseguir su propósito dominante de
que la solución de este problema deje
las menos asperezas posibles.

El monto de esta suma podría fijar-
se entre dos y tres millones de libras
esterlinas.

Aprovecho esta ocasión para reno-
var á V. E. las seguridades de mi más
distinguida consideración.

(Firmado) F. Puga Borne.

Excmo. Sefior Don Guillermo A.
Seoane, Enviado Extraordinario y
Ministro Plenipotenciario del Perú en
Chile. —

LEGACIÓN DEL PERU EN CHILE

Santiago, á 8 de mayo de 1908.
SENOR MINISTRO:

Tengo á honra contestar, confor-
forme á las instrucciones recibidas de
mi Gobierno, la atenta comunicación
de V. E. fecha 25 de marzo último.

En nada se relaciona este último,
de carácter meramente político, con
el comercio, la marina mercante y

1029

The project of agreement which I
have the honor to propose to your ex-
cellency under No. 5 would stipulate
an increase in the sum of money
which ought to be paid to the other
State, in the character of an indem-
nity, by the State in whose favor the
plebiscite may result.

The undersigned considers that
this would be one of the two most
effective means of attaining his dom-
inant purpose, which is the solution
of this problem with the least possi-
ble friction.

The amount of this sum could be
fixed between two and three millions
of pounds sterling.

I take this occasion to renew to
your excellency the assurances of my
most distinguished consideration.

(Signed) F. Puca Borne.

To His Excellency Dr. William A.
Seoane, Envoy Extraordinary and

Minister Plenipotentiary of Peru in
Chile.

LEGATION OF PERU IN CHILE
Santiago, May 8, 1908.
MR. MINISTER:

I have the honor to reply, accord-
ing to the instructions received from
my Government, to the communica-
tion of your excellency of March 25
last.

The plebiscite, being entirely of a
political character, has no relation
with commerce, with merchant ma-

1030

linea de navegación, el ferrocarril, ni
aún con la indemnización.

Esos puntos entre sí inconexos é
independientes del Tratado de Ancón
pueden negaciarse aparte, y recibirán
la preferente atención de mi Gobierno,
después de ejecutarse el Protocolo ple-
biscitario ; esto es, cuando quede elimi-
nado de las relaciones del Perú y Chile
el problema de Tacna y Arica cuya
subsistencia por referirse al cumpli-
miento de un Pacto solemne, no se
aviene con la celebración de otros tra-
tados.

En ocasión solemne tuve la honra
de manifestar que, á pesar del tiempo
recorrido, en las nombradas pobla-
ciones se conserva y se transmite, tan
vehemente como en las épocas de sac-
rificio y gloria, el sentimiento de la
nacionalidad, á cuyos anhelos corre-
sponden con todos los suyos las demás
secciones de la Patria Peruana.

A causa de tales consideraciones
. expresé en nuestra primera en-
trevista . . . que para mi Gobierno
la cuestión plebiscitariá es de tal im-
portancia, que ante ella todas las otras
aparecen en término secundario; . . .
y ruego á V. E. que se avenga al apla-
zamiento, para después de pactadas
tales formalidades de los demás puntos
aglobados de cuyo examen por ahora
prescindo.

Debo exceptuar, sin embargo, el re-
ferente al monto de la indemnización
que ha de oblar al otro país aquel que
adquiera la soberanía definitiva en los

DOCUMENTS

rine or steamship lines, with railways,
or even with an indemnity.

These points, in themselves uncon-
nected and independent of the treaty
of Ancon, can be negotiated apart,
and will receive special attention
from my Government after the exe-
cution of the plebiscite protocol; that
is, when there can be eliminated from
the relations of Peru and Chile the
problem of Tacna and Arica, whose
subsistence, by being referred to the
fulfillment of a solemn pact, is not
susceptible of union in the celebra-
tion of other treaties.

On a solemn occasion 1 had the
honor of setting forth that, in spite
of the time elapsed, in said districts
there exists and is transmitted, as
strong as in the epochs of sacrifice
and glory, the sentiment of national-
ity, to whose ardor corresponds that
of the other sections of the Peruvian
fatherland.

It is for considerations such as
these, . . . that 1 expressed in our
first interview, . . . that for my
Government the question of the pleb-
iscite is of such importance that be-
fore it all others appear of second
rank; . . . I beseech your excellency
that you be reconciled to settling later
such formalities concerning the other
points, whose consideration for the
present I lay aside.

I ought to except, nevertheless, the
reference to the amount of the in-
demnity which the country acquiring
definite sovereignty in the territories

THE TACNA-ARICA QUESTION, 1883—

territorios; monto que, en vez de los
diez millones de soles, eleva V. E. á
dos © tres millones de libras ester-
linas, 6 sea al doble ó triple de lo
estipulado en el Tratado de Ancón.

A este respecto, cúmpleme hacer á
V. E. una observación fundamental.
Las gestiones que mi Gobierno me ha
encomendado ante el de V. E., tienen
por objeto el cumplimiento, no la
modificación, del artículo 111 del Tra-
tado de Paz, de 20 de octubre de 1883.

Como he tenido la honra de decla-
rarlo á V. E., mi Gobierno sólo sal-
dría de las disposiciones del pacto de
Ancón, para asegurar la reincorpora-
ción inmediata y definitiva de las
provincias peruanas de Tacna y Arica
al territorio nacional.

El Perú confía en que le será favor-
able el plebiscito actuado conforme á
los preceptos de su institución jurídica,
y creo, dignese V. E. disculpar mi
franqueza, que también existe en Chile
acerca de ese desenlace la convicción
ya revelada por alguno de sus Esta-
distas conspicuos, al confesar la este-
rilidad durante casi un cuarto de siglo
de la obra afanosa de “ chileniza-
ción.”— En caso contrario no habrian
muchos de los predecesores de V. E.
prorrogado de hecho el procedimiento
con indicaciones inaceptables, ni tam-
poco tuviera V. E. á bien proponer
espontáneamente tal aumento.

1031

shall give to the other, an amount
which, in place of 10,000,000 soles,
your excellency would raise to two or
three million pounds sterling, or dou-
ble or triple the sum laid down in the
treaty of Ancon.

In this respect, it becomes me to
make to your excellency a fundamen-
tal observation. The steps which my
Government has authorized me to
place before your excellency have for
their object the fulfillment, not the
modification, of Article III of the
treaty of peace of October 20, 1883.

As I had the honor of declaring
to your excellency, my Government
would consent to a variation from the
dispositions of the pact of Ancon
only to insure the immediate and defi-
nite reincorporation of the Peruvian
Provinces of Tacna and Arica into
the national territory.

Peru has confidence that the plebis-
cite would result favorably to her if
carried out according to the legal pre-
cepts governing such institutions, and
I believe, if your excellency will ex-
cuse my frankness, that there also
exists in Chile concerning this result
the conviction already revealed by
some of her conspicuous statesmen,
who confess the futility of almost a
quarter of a century of arduous work
in “ Chilenization.” If it were not
so, not many of your excellency’s
predecessors would have postponed
the procedure by interposing unac-
ceptable conditions, and neither
would your excellency have sponta-

o. ea

1032 DOCUMENTS

Al pais con fe en el triunfo, no le
conviene en efecto un gravamen pe-
cuniario superior al oportunamente
pactado.

I

Supone V. E. que según los prece-
dentes modernos, el plebiscito incor-
porado en la Historia del Derecho In-
ternacional, constituye una fórmula de
cesión simulada.

Esa objeción, argüida verbalmente
por V. E., novisima en las múltiples
conferencias desde atras originadas
por la cláusula tercera del Tratado de
Ancón.

En la legislación antigua, el ele-
mento sustancial y característico del
plebiscito consiste en la voluntad popu-
lar, como expresion de la soberanía.

A la luz del principio de libertad, la
Revolución Francesa de 1789 condenó
la conquista impuesta por las armas y
restableció aquella práctica demo-
crática como base únicg justificativa
para las mutaciones en la existencia
de los Estados.

Así transportados al campo inter-
nacional, los plebiscitos, ya á favor de
Francia desde el actuado en Aviñón
en 1791, ya á favor de la unidad
italiana desde 1848 y todos los demás
invocan invariablemente como funda-
mento y título jurídico la consulta al
pueblo.

En la práctica, no pocas veces se
produjo el escarnio, ni dejó de sufrir
el voto emitido el efecto de la coacción

neously proposed such increase in in-
demnity.

The country which has confidence
in its triumph is not interested in a
pecuniary standard greater than that
duly agreed upon.

I

Your excellency assumes that, ac-
cording to modern precedents, the
plebiscite incorporated in the His-
tory of International Law constitutes
a simulated transfer.

That point, argued verbally by
your excellency, is the most recent in
the many conferences originated by
the third clause of the treaty of An-
con.

In ancient legislation, an essential
and characteristic element of the
plebiscite consisted of the popular
will, as an expression of sovereigntv.

In the light of the principle of lib-
erty, the French Revolution of 1789
condemned conquest imposed by arms
and reestablished that democratic
practice as the only justifiable basis
for changes in the existence of States.

Thus brought into the interna-
tional field, plebiscites, whether in
favor of France as the one held in
Avignon in 1791, or in favor of Ital-
ian unity as in 1848, and all the rest,
invariably invoke as a fundamental
and legal title the consultation of the
people.

In practice many times it has been
brought into ridicule nor has the vote

been allowed to escape the effect of

THE TACNA-ARICA QUESTION, 1883—

brutal y manejos fraudulentos.— De
ahi el reiterado triunfo del anexante.

Pero la extorsión no es factor legal
sino causa anulativa.

Los precedentes históricos en que
se la ejerció demuestran que, á fin de
obtener aparentemente el éxito de an-
temano concertado, hubo abusos, cual
á veces los hay en elecciones locales
pero así como no se invoca las últimas
para legitimar los recordados abusos
de política interna, tampoco se deduce
de aquellos que en la esfera del dere-
cho público se halla desvirtuado el ple-
biscito de indole libre para convertirse
en disfraz del concepto diametral-
mente antagónico de la conquista; y
que, por lo tanto, sea ésta la que siem-
pre se revela consumada en todos los
documentos que mencionan la volun-
tad popular como condición de trans-
ferencia.

Si los negociadores de Ancón hubie-
sen impuesto la misma suerte a las
poblaciones de Tacna, Arica y Tara-
pacá, no habrían convenido respecto
de las primeras en el voto popular que
respecto de la última emitieron.

Desde la época del restablecimiento
de esa institución por la Asamblea
Nacional, la expresión más 6 menos
correcta de la voluntad popular en pro
de la anexión, se exhibe las más de las
veces con prescindencia absoluta del
Soberano repudiado, por inciativa de
Gobiernos insurrectos ó del ocupante
bélico.

1033

brutal coercion and fraudulent ma-
nipulation. Hence the reiterated tri-
umph of the annexor.

But compulsion is not a legal fac-
tor. Rather it is an annulling cause.

The historical precedents in which
it has been exercised demonstrate
that, with the apparent object of ob-
taining success by preparation be-
forehand, there have been abuses,
such as exist sometimes in local elec-
tions. But local elections are not
called to legitimatize the recorded
abuses of internal politics, neither can
it be deduced from plebiscites that in
the sphere of public law they have
been invalidated to be converted into
the diametrically opposite concept of
conquest; even though this may seem
to be the case in all the documents
mentioning the popular will as a con-
dition of transfer.

If the negotiators of Ancon had
imposed the same fate on the pop-
ulations of Tacna and Arica as on
Tarapaca, they would not have
agreed on a popular vote for them
while omitting it for Tarapaca.

From the time of the reestablish-
ment of this institution by the Na-
tional Assembly, the more or less
correct expression of the popular will
on behalf of annexation has shown
itself most often with the absolute
setting aside of the sovereign repu-
diated, by the initiative of insurrec-
tionary governments or of the bellig-
erent occupant.

1034

Tales casos no proceden como ante-
cedentes análogos del Pacto bilateral
de Ancón.

La nación cesionista no ha estipu-
lado el plebiscito sino en cuatro opor-
tunidades.

En el Tratado de Turín, antes de
referirse á la voluntad de las pobla-
ciones, el rey de Cerdeña declara que
“ consiente en la reunión de Saboya
y de la circunscripción de Niza á Fran-
cia y renuncia para sí y sus descen-
dientes y sucessores en favor de
S. M. el Emperador de los Franceses,
a sus derechos y titulos sobre dichos
territorios.”

En el Tratado de Praga, el Em-
perador de Austria también renuncia
en favor de Prusia á su soberania al
norte del Schleswig, el plebiscito pac-
tado en el artículo 5°. que en 1878
abrogaron las Potencias contratantes,
prevé, en afecto, el evento de los
votos de los nativos, no en pro del
cesionista ni del cesionario, sino de
la reincorporación á Dinamarca.

En el Tratado de Viena “ bajo re-
serva del consentimiento de las pobla-
ciones debidamente consultadas,” es-
tablecida por Napoleón III, que había
aceptado la cesión para transferirla
á Italia como se pactó en el de Praga,
el mismo Emperador cedente austriaco
“ consiente en la reunión del reino
Lombardo-Véneto al Reino de Italia.”

Por fin, en el Tratado de París,
antes también de la reserva acerca del
consentimiento de la población, “ el

DOCUMENTS

Such cases do not serve as prece-
dents for the two-sided pact of An-
con.

The nation granting the cession
has not stipulated the plebiscite ex-
cept on four occasions.

In the treaty of Turin, before sub-
mitting it to the will of the people.
the King of Sardinia declared that
“he consented to the reunion of Sa-
voy and the union of Nice with
France and renounces for himself
and his descendants and successors în
favor of His Majesty the Emperor
of the French his rights and titles
over said territory.”

In the treaty of Prague the Em-
peror of Austria also remounced in
favor of Prussia his sovereignty to
the north of Schleswig and the pleb-
iscite arranged for in article 5, which
in 1878 the contracting powers abro-
gated, forecasting in fact that the
outcome of the vote of the natives
would be in favor of neither cedent
nor cessionaire, but for reincorpora-
tion into Denmark.

In the treaty of Vienna, “ under
condition of the consent of the pop-
ulation after they have been duly con-
sulted,” established by Napoleon III,
who had accepted the cession to
transfer it to Italy as provided in the
treaty of Prague, the same Austrian
Emperor who ceded it “consents to
the reunion of the Lombard-Venetian
Kingdom to the Kingdom of Italy.”

Finally, in the treaty of Paris, also
with a reservation concerning the
consent of the population, “ the King

THE TACNA-ARICA QUESTION, 1883—

Rey de Suecia y Noruega retrocede
á Francta la isla de San Bartolomé y
renuncia en consecuencia para si y sus
descendientes y sucessores á sus de-
rechos y títulos sobre dicha Colonia.”

En el Tratado de Ancón, el Perú
no renuncia, como en aquéllos el So-
berano, á sus territorios de Tacna y
Arica.

Al contrario, deja claro su anhelo
de no sufrir otra mutilación, puesto
que no sólo hace depender “la forma
en que el plebiscito deba tener lugar,”
de “ un Protocolo especial que se con-
siderará como parte integrante del
Tratado,” sino que se obliga, lo mismo
que el Gobierno Chileno, á la entrega
de 10,000,000 de soles en caso de serle
favorable el sufragio, ó sea, á un cargo
comprobatorio de su expectativa que
no se encuentra en ninguno de los
cuatro Pactos recordados.

Las poblaciones de Niza y Saboya
y San Bartolomé y también las de
Venecia, estaban unidas más á Fran-
cia é Italia respectivamente que á Cer-
deña, Suecia y Austria, por vincula-
ciones históricas mas 6 menos suges-
tivas. Las de Tacna y Arica son de
nacionalidad netamente peruana; so-
bre esas provincias jamás adujo Chile
ni pretendió derecho alguno.

No existe, pues, paridad entre el
Tratado de Ancón y los europeos er-
róneamente citados como antece-
dentes.

Luego no tuvo para sus negocia-

1035

of Sweden and Norway returned to
France the island of St. Bartholomew
and renounces in consequences for
himself and his descendants and suc-
cessors his rights and titles over said
colony.”

In the treaty of Ancon, Peru has
not renounced, as the sovereign in
those mentioned, her territories of
Tacna and Arica.

On the contrary she has made very
clear her earnest desire not to suffer
other mutilation, since she not only
depends for “ the form in which the
plebiscite shall take place” on “a
special protocol which would be con-
sidered as an integral part of the
treaty,” but is bound, the same as the

Government of Chile, to the delivery

of 10,000,000 soles in case the result
is favorable to her, an obligation in
proof of her expectations which. is
not found in any of the other four
pacts recorded.

The populations of Nice and-Savoy
and St. Bartholomew and also those
of Venice were more united to
France and Italy, respectively, than
to Sardinia, Sweden, and Austria, by
more or less suggestive historic ties.
The people of Tacna and Árica are in
the main Peruvian; over these Prov-
inces Chile could never have been in-
fluential or pretended to any right
whatever.

There exists, then, no parity be-
tween the treaty of Ancon and those
of Europe erroneously cited as ante-
cedents.

Then the clause relative to a deci-

1036

dores alcance de letra muerta la cláu-
sula relativa al fallo de la voluntad
popular.

Ratifican ese aserto las negocia-
ciones anteriores.

Tales son las de octubre de 1880,
á bordo de la corbeta americana
Lackawanna, en las cuales preten-
dieron los Plenipotenciarios Chilenos,
entre otras exigencias de menor im-
portancia, la cesión de los territorios
al sur de la quebrada de Camarones,
el pago de 20 millones de pesos por
el Perú y Bolivia solidariamente y
“la retención de Moquegua, Tacna y
Arica hasta tanto se haya dado cum-
plimiento á las obligaciones á que se
refieren las condiciones anteriores, ob-
ligandose además el Perù 4 no artillar
el puerto de Arica cuando le sea en-
tregado, ni en ningún tiempo”; las
que originaron el Protocolo Balma-
ceda-Trescott, suscripto el 11 de feb-
rero de 1882, en Viña del Mar, en el
cual et Ministro de Relaciones Exte-
riores señaló como base de paz (no
acogidas por el Gobierno de los Esta-
dos Unidos para ofrecer sus buenos
oficios) la misma cesión al sur de
Camarones, el pago de 20 millones de
pesos y la ocupación de Tacna y Arica
por diez años 6 mayor tiempo “ que
el Perú podría fijar en el Tratado,”
con cargo de que si, al vencer el plazo
estipulado, no pagase dicha suma * el
Territorio de Tacna y Arica quedaría
cedido ‘ipso facto?” y que “ si Arica
volviese al dominio del Peri, perma-
neceria desartillado para siempre”;
las en que intervino Mr. Logan, en
las cuales, según lo manifiesta el

DOCUMENTS '

sion of the popular will had not for
its negotiators the force of a dead
letter.

Previous negotiations ratify that
assertion.

Such are those of October, 1880,
on board the American corvette Lack-
awanna, in which the Chilean plenipo-
tentiaries assumed, among other de-
mands of minor importance, the ces-
sion of the territories south of the
Pass of Camarones the payment of
20,000,000 pesos by Peru and Bo-
livia together and ‘the retention of
Moquegua, Tacna, and Arica until
the obligations to which the previous
conditions refer shall have been ful-
filled, Peru binding herself moreover
not to mount cannon at the port of
Arica when 1t shall be delivered, or at
any time.” Such also are the nego-
tiations of the Balmaceda-Prescott
protocol, signed February 11, 1882,
in Viña del Mar, in which the min-
ister of foreign relations pointed out
as a basis for peace (not concurred in
by the United States, which had of-
fered its good offices) the same ces-
sion to the south of Camarones, the
payment of 20,000,000 pesos and the
occupation of Tacna and Arica for
10 years or the longest time “ Peru
could fix in the treaty,” with the ob-
ligation that if, on the expiration of
the period stipulated, such sum
should not be paid “ the territory of
Tacna and Arica would remain ceded
‘ipso facto” and that “if Arica
should return to the dominion of
Peru, she would remain unarmed for-
ever.” The same is true of the ne-

THE TACNA-ARICA QUESTION, 1883—

Memorándum de 18 octubre de 1883,
el Canciller Chileno sugirió la idea
desestimada por el Presidente señor
Calderón de la actuación plebiscitaria,
estableciendo que “estaba dispuesto
á pagar diez millones de pesos por el
territorio, si el plebiscito lo entregaba
á Chile, y esperaba recibir, á su vez,
diez millones de pesos si el plebiscito
lo acordaba al Perú,” y aceptó que un
arbitro decidiera si Chile tenía derecho
de comprar el Territorio de Tacna y
Arica 6 había “de ocupar militar-
mente dicho Territorio por espacio de
quince años estando obligado á eva-
cuarlo á la expiración de ese plazo.”

Esas negociaciones dejan de relieve
que el Perú se resistió siempre á la
cesión, en cualquier forma, de los ter-
ritorios de Tacna y Árica; y que por
lo tanto, al aceptar el sufragio plebis-
citario en el Tratado de 1883, con-
templó el plebiscito de derecho según
el criterio uniforme de los tratadistas,
no el falseamiento de la voluntad po-
pular con que alguna vez lo profana-
ron los excesos. Por ese motivo am-
bas Repúblicas previeron, como quedó
previsto en los proyectos anteriores,
la emergencia de la reincorporación al
territorio peruano.

Por no haber cesión disfrazada es
que el 10 de agosto de 1892 — ó sea,
antes del 28 de marzo de 1894 en
cuya fecha venció el decenio pactado
— el señor Larrabure invitó al Pleni-

1037

gotiations in which Mr. Logan took
part, in which, according to the mem-
orandum of October 18, 1883, the
Chilean chancellor suggested the idea,
disregarded by President Calderon,
of carrying out a plebiscite to deter-
mine whether Chile was “ disposed
to pay 10,000,000 pesos for the terri-
tory, if the plebiscite delivered it to
Chile, and expected to receive in turn,
10,000,000 pesos if the plebiscite ac-
corded the territory to Peru, and ac-
cepted arbitration to establish
whether or not Chile had the right to
purchase the territory of Tacna and
Arica or had “to occupy said terri-
tory in a military sense for the period
of 15 years, being obliged to evac-
uate it at the end of that period.”
These negotiations bring into re-
lief the fact that Peru resisted always
the cession, in whatever form, of the
territory of Tacna and Arica, and
that for the same reason on accepting
the decision by suffrage in the treaty
oí 1883, she contemplated the legal
plebiscite according to the uniform
criterion of treaty makers, and not
the prostitution of the popular will
which at any time excesses may pro-
fane. For this reason both Repub-
lics foresaw, as was foreseen in the
previous projects, the difficulty that
would arise when these territories
should be reincorporated into Peru.

In order not to have a: disguised
cession, on August 10, 1892 — before
March 28, 1894, on which date the
decennial expired — Mr. Larrabure
invited the plenipotentiary, Mr. Vial

1038

potenciario señor Vial Solar a la ela-
boración del Protocolo plebiscitario ; y
las conferencias, al principio verbales,
continuaron durante un periodo ex-
tenso de años, . . . sin que jamás
ninguno adujese la incongruencia de
tales gestiones.

Lejos de eso, previendo el posible
triunfo del Perú en el plebiscito, el
‘ señor Lira pidió garantía para el pago
de la indemnización; . . .

En la cláusula primera del Tratado
Chileno-Boliviano del 18 de mayo de
1895, sobre transferencias de terri-
torios, Chile se obliga á ceder á Bo-
livia los de Tacna y Arica “ st los ad-
quiriese á consecuencia del plebiscito
que haya de tener lugar en conformi-
dad al Tratado de Ancón”; en la
cláusula tercera “se compromete à
empeñar todos sus esfuerzos” “ para
obtener. en propiedad definitiva” los
dichos territorios; y en la cláusula
cuarta contrae un compromiso subsi-
diario para el evento de que “ no pu-
diese obtener en el plebiscito Ó por
arreglos directos la soberanía defini-
tiva de la zona en que se hallan las
ciudades de Tacna y Arica.”

A su vez, en su mensaje de 1900, el
Presidente Señor Errázuriz dijo que,
“en el Tratado de paz quedó indecisa
la nacionalidad definitiva de los ter-
ritorios de Tacna y Arica.”

La deducción sobre cesión simulada
6 conquista de los territorios de Tacna
y Arica — sacada, no del texto ni es-
piritu de aquel Tratado, sino de los
impertinentes plebiscitos europeos —

DOCUMENTS

Solar, to the elaboration of the pro-
tocol relating to the plebiscite; and
the conferences, principally verbal,
continued during an extended period
of years, . . . without anyone ever
disclosing that such proceedings were
incongruous.

Far from this, foreseeing the pos-
sible triumph of Peru in the plebiscite,
Mr. Lira asked a guarantee for the
payment of the indemnity; . ..

In the first clause of the treaty be-
tween Chile and Bolivia of May 18,
1895, on the transfer of territory,
Chile was obliged to cede to Bolivia
the Provinces of Tacna and Arica
“af she should acquire them as a re-
sult of the plebiscite which should
take place in conformity with the
treaty of Ancon;” in the third clause
“it is promised to employ all her ef-
forts in obtaining a definite prop-
erty” in said territories; and in the
fourth clause there is a subsidiary
compromise on “ not being able to ob-
tain in the plebiscite or by direct ar-
rangements the definite sovereignty
of the zone in which are located the
cities of Tacna and Arica.”

In his turn, in his message of 1900,
President Errázuriz said that “ in the
treaty of peace the definite nationality
of Tacna and Arica remains unde-
cided.”

The deduction concerning the sim-
ulated cession or conquest of the
Provinces of Tacna and Arica —
drawn, not from the text or the spirit
of that treaty, but from inapplicable

THE TACNA-ARICA QUESTION, 1883—

debe, pues, descartarse por completo.

II

Tampoco es exacto, sefior Ministro,
que al Gobierno de V. E. corresponda
exclusivamente la designación del per-
sonal que debe presidir el acto plebis-
citario, ya en la inscripción de los
electores, ya en la recepción de los
sufragios, ya en la proclamación del
escrutinio.

¿Cuál es el título de la soberanía que
hoy alega Chile en las provincias de
Tacna y Arica?

No es ciertamente el de la ocupa-
ción, que sólo autoriza el derecho re-
specto de la res nullius.

Tampoco es del sangriento avance
militar durante la guerra á que puso
término el Tratado de 1883, en cuyo
cumplimiento evacuó el Ejército la
región invadida, con dos excepciones,
relativas á Tarapacá una y á las men-
cionadas provincias la otra.

De ese Pacto, únicamente, depende,
por lo tanto, el titulo invocado.

Los antecedentes diplomáticos á que
alude V. E. tampoco manifiestan que
los plebiscitos se hayan realizado bajo
la dirección exclusiva del Estado en
cuyo provecho resultó el sufragio.

Los plebiscitos de 1860 4 favor de
Francia, se efectuaron, según los do-
cumentos oficiales, bajo la presidencia
de las autoridades nombradas por el
Rey cesionssta de Cerdeña.

El plebiscito de 1866 4 favor de

1039

European plebiscites — ought, then,
to be dismissed completely.

II

Nor is it exact, Mr. Minister, that
to the Government of your excellency
should belong -exclusively the desig-
nation of the personnel which should
preside over the plebiscite, whether in
the enrollment of electors, the recep-
tion of the votes, or the rules of the
election.

What is the title to the sovereignty
which today Chile alleges in the
Provinces of Tacna and Arica?

It certainly is not that of occupa-
tion, which the law authorizes only
in respect to the res nullius.

Neither is it that of the bloody mil-
itary advance during the war to
which the treaty of 1883 put an end,
in whose fulfilment the army evac-
uated the invaded region, with two
exceptions, one being Tarapaca and
the other the Provinces mentioned.

On that pact alone depends the title
invoked.

Neither do the diplomatic prece-
dents to which your excellency alludes
show that plebiscites have been car-
ried out under the exclusive direction
of the State in whose advantage the
suffrage resulted.

The plebiscites of 1860 in favor
of France, were effectuated, according
to official documents, under the presi-
dency of the authorities named by the
cedent King of Sardinia.

The plebiscite of 1866 in favor of

1040

Italia, se realizó conforme 4 la regla-
mentación expedida por el soberano
anexante, pero bajo la presidencia de
municipios compuestos exclusivamente
de regnicolas.

El plebiscito de 1877, con resultado
á favor de Francia, se efectuó bajo
la presidencia del Rey cestonista de
Suecia, quien ordenó al Gobernador
de la isla de San Bartolomé “ que dis-
pusiera lo conveniente para la vota-
cion,” estableciendo las reglas que se
hubiere de seguir.

La conformidad única de aquellos
precedentes está en el modus operandi
ante nativos de la localidad sujeta á
plebiscito; por lo que, si se les imitara,
intervendrian en el de Tacna y Arica,
en calidad de funcionarios, unicamente
tacnefios y ariquefios.

Pero en lo que á presidencia con-
cierne, los ejemplos se hallan discon-
formes. j

Siendo absoluta, explicita, la renun-
cia para si, sus descendientes y suces-
ores, del soberano cedente (punto
esencial contrario al Tratado de An-
cón), habría sido concebible que dejara
al anexante en plena libertad. Sin
embargo, en dos casos sobre tres, es
aquel cesionista quien asume siempre,
según los dichos documentos oficiales,
la alta dirección del acto.

He tenido la honra de comprobar
que la permanencia de las Autoridades
Chilenas en los territorios de Tacna
y Arica, después del 28 de marzo de
1894, es evidentemente ilegal.

DOCUMENTS

Italy was carried out in conformity
with the regulation of the annexing
sovereignty but under the presidency
of municipalities composed exclu-
sively of natives.

The plebiscite of 1877, with result
favorable to France, was effected un-
der the presidency of the cedent King
of Sweden, who ordered the governor
of the island of St. Bartholomew to
“ make suitable arrangements for the
voting,” establishing the rules which
would have to be followed.

The only conformity of these pre-
cedents is in the modus operandi be-
fore natives of the locality subject to
the plebiscite; and if they were imi-
tated there would intervene as func-
tionaries only the people of Tacna
and Arica.

But in that which concerns the
presidency, the examples are found to
lack conformity. |

The renunciation being absolute
and explicit for the ceding sover-
eignty, his descendants and succes-
sors (an essential point contrary to
the treaty of Ancon), it would have
been conceivable that it would leave
the cessionaire in complete liberty.
Nevertheless, in two cases out of
three, it is the cedent who assumes al-
ways, according to said official docu-
ments, the high direction of the pleb-
iscite.

I have the honor to assert that the
continuation of Chilean authorities in
the territories of Tacna and Arica,
after March 28, 1894, is patently il-

legal.

THE TACNA-ARICA QUESTION, 1883—

De lo ilícito no emanan derechos.

Luego, no existe el de soberanía que
jamás tuvo Chile para presidir la ac-
tuación; mucho menos para dirigirla
sin control, inscribiendo á los elec-
tores, recibiendo los votos en contra ó
en pro de sus aspiraciones, compu-
tando el escrutinio y proclamándolo.

. según los preceptos fundamen-
tales de justicia, la única deducción
lógica de ese derecho, en principio
igual, es que las dos Repúblicas ten-
gan idéntica intervención é idénticas
positivas seguridades, á fin de que el
plebiscito exprese, con el testimonio
de ambas, el veredicto del pueblo.

Está esa base acordada en el Pro-
tocolo Billinghurst-Latorre.

III

Permitame V. E. comprobar ahora
que sólo incumbe a los regnicolas el
derecho de sufragio.

Mientras no se nacionalizan, los ex-
tranjeros conservan su condición juri-
dica de tales. Por no perder sus vin-
culos propios de soberanía, ni adquirir
los de la ajena, carecen de derechos
políticos en el lugar de su domicilio;
y al producirse una transferencia de
territorio, sin que se les obligue á dec-
laración alguna, continúa inalterable
su estatuto personal.

Si el sufragio es de naturaleza que
su ejercicio no puede concederse á los
demás nacionales de los países inter-

1041

From what is unlawful no rights
emanate. _

Then there can not exist what Chile .
never had: the right of sovereignty to
preside over the plebiscite, much less
to direct it without control, enrolling
the electors, receiving the votes for
or against her aspirations, scrutiniz-
ing the elections, and announcing
their result.

. . according to the fundamental
precepts of justice, the only logical
deductions from this right, equal in
principle, is that the two Republics
shall have identical intervention and
identical positive assurances, so that
the plebiscite may express, with the
testimony of both, the verdict of the
people.

This is the basis accorded in the
Billinghurst-Latorre protocol.

III

Permit me now, your excellency,
to show that there belongs only to the
natives the right of suffrage.

While they are not nationalized,
foreigners retain their legal status as
such. In order not to lose their own
national ties, or to acquire those of
the foreign country, they are deprived
of political rights in the place of their
domicile; and on a transfer of terri-
tory, without binding them by any
declaration whatever, their personal
status remains the same.

If suffrage is of such a nature that
its exercise can not be conceded to
the nationals of the countries inter-

1042

esados, menos aún es dable pretender
que se otorgue como privilegio á los
extranjeros.— Tacna y Arica son
provincias peruanas.— Y sin embargo
de que á los ciudadanos del Perú, no
nacidos en ellas, se les negaria el voto,
éste correspondería á los ciudadanos
6 súbditos de otras naciones; que-
dando así en situación política más
ventajosa que la de los compatriotas,
aquellos en quienes debe suponerse
jurídicamente que ningún interés tie-
nen en el resultado del acto. El ilus-
trado criterio de V. E. me releva á
patentizar lo absurdo de semejante
conclusión.

Si el plebiscito es un derecho exclu-
sivo de soberanía, y no les afecta su
desenlace, es obvio que nada justifica
la intrusión de aquellos huéspedes en
ese acto de tan trascendentales ef-
ectos únicamente para la agrupación
politica de la que no forman parte.

Concederles voto es atribuirles con-
dominio, al igual de los dueños, sobre
el territorio en que temporalmente
habitan: señorio sobre quienes les o-
frecieron hospedaje, al extremo de re-
solver acerca de su futuro, hiriendo el
amor sacrosanto de la Patria; es au-
torizarlos influyendo así en el despo-
seimiento y desnacionalización de los
regnicolas, á quebrantar la neutrali-
dad, que en toda contienda interna-
cional, les imponen las reglas más
triviales del derecho.

El doctor don Alejandro Alvarez,
consultor técnico del Ministerio hoy

DOCUMENTS

ested, still less is it possible to pre-
tend that it may be bestowed as a
privilege upon foreigners. Tacna
and Arica are Peruvian Provinces.
Notwithstanding the fact that the cit-
izens of Peru, not born in Tacna and
Arica, would be denied the vote, this
would belong to the citizens or sub-
Jects of other nations; and thus those
who might be supposed to have no
interest in the result of the plebiscite
would be in a better political situation
than their compatriots. The intelli-
gent judgment of your excellency re-
lieves me from elaborating upon the
absurdity of such a conclusion.

If the plebiscite is an exclusive
right of sovereignty, and its develop-
ment does not affect the foreign pop-
ulation, it is obvious that nothing
will justify the intrusion of those
guests in that act of such transcen-
dental effects only for the political
group of which they form no part.

To concede them the vote is to at-
tribute to them joint dominion,
equally with the citizens of Peru, over
the territory which temporarily they
have inhabited; mastery over those
who temporarily offer them hospital-
ity, to the extent of deciding upon
their future, wounding the sacred
love of country; it is to authorize
them, influencing thus in the dispos-
session and denationalization of the
citizens, to abandon neutrality, which
in every international contention the
most trivial rules of right impose
upon them.

Dr. Alexander Alvarez, technical
consultor of the ministry now in

THE TACNA-ARICA QUESTION, 1883—

á cargo de V. E., dice en una de sus
publicaciones, refiriéndose á los ex-
tranjeros domiciliados en Tacna y
Arica: “Es un principio fundamen-
tal de derecho de gentes y de derecho
constitucional de todos los países que
en país extranjero el extranjero no
tiene ningún derecho político; y es
la más alta manifestación de un de-
recho político, desde el punto de vista
internacional, el sufragio por á cuál
de los dos paises contendientes debe
pertenecer una porción del territorio
que está ocupada militarmente por uno
de ellos.— Fuera de esta razón, que
es fundamental, cabria aún preguntar
por qué motivo los extranjeros ha-
brian de tener derecho á vote en ma-
teria de anexión de un territorio á
otro.— ¿Por qué ellos tienen bienes
en esos territorios? — Ese interés sólo
les da derecho para pedir que sus
bienes sean respetados, y nada más.
Y desde el momento en que sus bienes
son respetados, ningún derecho pueden
pretender ellos para concurrir con su
sufragio á resolver una cuestión á la
que ellos como extranjeros, han debido
y deben permanecer extraños.”

La calidad de chileno no es causal
de excepción que justifique el voto.

Los ciudadanos chilenos en ellas
residentes son en ambas tan extran-
jeros como los demás.

Sin derecho en la soberanía pe-
ruana, sin que efecte su estatuto per-
sonal el desenlace del plebiscito, la cir-
cunstancia de importar su voto en pró
de Chile, no ya quebrantamiento de

1043

charge of your excellency, said in one
of his publications, referring to the
foreigners domiciled in Tacna and
Árica:

“It is a fundamental principle of
civil and constitutional law of all
countries that in a foreign country
the foreigner has no political right;
and the suffrage as to which of the
two contending countries a portion of
territory which is occupied in a mil-
itary sense by one should belong is
the highest manifestation of a polit-
ical right from the international point
of view. Aside from this reason,
which is fundamental, it may even be
asked by what motive the foreigners
would have the right to vote on a
matter of annexation from one coun-
try to another. Because they have
possessions in those territories?
That interest only gives them the
right to ask that their belongings be
respected, and nothing more. And
from the moment in which their pos-
sessions are respected, they could claim
no right to take part in the suffrage to
decide a question to which they, as
foreigners, have been and ought to re-
main strangers.”

The quality of being Chilean is not
so exceptional as to justify the vote.

The Chilean citizens resident in
these Provinces are as foreign as the
rest.

Without right in the Peruvian sov-
ereignty, without their personal status
being affected by the result of the
plebiscite, the circumstance of im-
porting their vote in behalf of Chile,

1044

neutralidad sino concurso efectivo en
acto de conquista, hace aún más evi-
dente su inhabilitación.

La cláusula tercera del Tratado es-
tatuye que expirado el plazo de los
diez años un “ plebiscito decidirá en
votación popular” si el territorio de
las provincias de Tacna y Arica queda
definitivamente del dominio y sobera-
nía de Chile ó si continúa siendo parte
del territorio peruano.

V. E. se digna suponer que la “ vol-
untad popular” requerida es la de
todos los vecinos; inclusive la de los
extranjeros que han radicado sus in-
tereses y constituído su familia en las
localidades á cuya prosperidad con-
tribuyen con labor perseverante y
fecunda.

Si exacta fuese la consecuencia de-
ducida de la última aseveración, bas-
taría ésta para que se les reconociera
derechos políticos.

Desde luego, tal teoría infringe la
de la legislación chilena que les veda
aún la actuación municipal.

En el vecino extranjero, se presume
la inestablilidad ; el deseo de regreso a
la Patria de la que no se ha desvincu-
lado, con la nueva familia y la for-
tuna afuera adquirida.

En el Tratado de Turin, se estipuló
que para la transferencia se tomaría
en cuenta “la voluntad de las pobla-
ciones.” EI reglamento para el ple-
biscito en Niza, dispone en su articulo

DOCUMENTS

not only a violation of neutrality but
an effective aid in the act of conquest,
makes even more evident their dis-
qualification.

The third clause of the treaty es-
tablishes that on the expiration of the
period of 10 years “a plebiscite will
decide by popular vote ” whether the
territory of the Provinces of Tacna
and Arica shall remain definitely un-
der the dominion and sovereignty of
Chile or whether it will continue be-
ing part of the Peruvian territory.

Your excellency is good enough to
suppose that the “ popular will” re-
quired is that of all the inhabitants,
including that of the foreigners who
have rooted their interests and es-
tablished their families in the locality
to whose prosperity they contribute
with persevering and fruitful labor.

If the deduction from this last ob-
servation were exact, this would be
sufficient for the bestowal of political
rights upon them.

At present such a theory would in-
fringe upon that of Chilean legisla-
tion which forbids them participation
even in municipal affairs.

In the foreign resident, instability
may be presumed; the desire to return
to the homeland whose ties have not
been broken, with the new family and
the new fortune acquired while away.

In the treaty of Turin, it is stipu-
lated that for the transfer shall be
taken into account “the will of the
people.” The regulation for the
plebiscite in Nice is set forth in ar-

THE TACNA-ARICA QUESTION, 1883— 1045

4°.: “Serán admitidos 4 votar todos
los ciudadanos de 21 años de edad por
lo menos, que pertenezcan por su
nacimiento ó su origen, al con-
dalo de Niza”; y para el acto en
Saboya dispone, también en su ar-
ticulo 4°.: “se admitirá á votar á
todos los ciudadanos de 21 años de
edad por lo menos nacidos en Saboya
6 fuera de Saboya, de padres sabova-
nos que habiten el distrito.”

En el Tratado de Viena también
se estipuló la transferencia “ bajo re-
serva del consentimiento de las pobla-
ciones debidamente consultadas.” El
reglamento para el plebiscito “en las
provincias italianas libertadas de la
ocupación austriaca ” dispone en su
articulo 5°.: “ En los días señalados
para la votación todos los italianos de
dichas provincias que hayan cumplido
21 años.”

En el Tratado de Paris, así mismo,
se estipuló la transferencia “con la
expresa reserva del consentimiento del
pueblo de San Bartolomé,” y el Rey
de Suecia dispuso: “todo hombre de
la población de la isla, en el goce de
sus derechos civiles y mayor de edad,
puede tomar parte en el plebiscito.”

Se creyó necesaría una aclaratoria
y la dió como sigue el Ministro de
Negocios Extranjeros del monarca
cesionista: “el sentido es, natural-
mente, que sólo deben votar los súb-
ditos suecos.”

En todos aquellos reglamentos,
concordantes con los Tratados que
pactaron el consentimiento de los
pueblos 6 poblaciones, se menciona

ticle 4: “ There shall be admitted to
vote all those citizens who are at least
21 years of age, who belong by birth
or origin to the earldom of Nice; and
for the action in Savoy it sets forth,
also in article 4: “ There shall be ad-
mitted to vote all the citizens who are
at least 21 years of age born in Savoy
or out of Savoy, of Savoyan parents
who inhabit the district.”

In the treaty of Vienna also is stip-
ulated the transfer “ under condition
of the consent of the people duly con-
sulted.” The regulation for the pleb-
iscite “ in the Italian Provinces liber-
ated by the Austrian occupation,” sets
forth in article 5: “ On the days des-
ignated for the voting all Italians f
said Provinces who have completed
21 years.” |

In the treaty of Paris, likewise, the
transfer is stipulated “ with the ex-
press condition of the consent of the
people of St. Bartholomew,” and the
King of Sweden set forth: “ Every
man of the population of the island,
in the enjoyment of civil rights and
having attained his majority, can take
part in the plebiscite.” An explana-
tion was believed necessary, and it
was given as follows by the minister
of foreign affairs of the ceding mon-
arch: “ The sense is, naturally, that
only Swedish subjects may vote.”

In all those regulations, in accord-
ance with the treaties which pledged
the consent of the peoples or popula-
tions, there is mentioned always the

1046 DOCUMENTS

siempre á los regnicolas, jamás á los
extranjeros ni á los nacionales del pre-
sunto anexante.

La fórmula análoga de “ votación
popular” empleada en el Tratado de
Ancón no puede, pues, Señor Minis-
tro, interpretarse en sentido contrario.

€

Muy grato me es reiterar á V. E.
las seguridades de mi más distinguida
consideración.

(Firmado).— G. A. SEOANE.

Al Excmo, Señor Don Federico
Puga Borne, Ministro de Relaciones
Exteriores de Chile.

citizens, never foreigners or natiouals
cf the would-be annexor.

The analogous formula of ** popu-
lar vote ” employed in the treaty of
Ancon could not, then, Mr. Minister,
be interpreted in a contrary sense.

I am very pleased to repeat to your
excellency the assurances of my most
distinguished consideration.

(Signed) G. A. SEOANE.

To His Excellency Hon. Federico
Puga Borne, Minister of Foreign Re-
lations of Chile.

Summary of the Chilean and Peruvian Proposals for the Holding of the Ple-
biscite, with Observations by the Peruvian Foreign Office. December 23,

1909 *

MINISTERO DE RELACIONES
EXTERIORES DE CHILE

Propuesta Chilena

Primero.— El plebiscito tendrá
lugar en una fecha que permita al
gobierno de Chile cumplir las obliga-
ciones que tiene contraidas con la re-
pública de Bolivia para la construcción
del ferrocarril de Arica á La Paz.?

Segundo — Tomarán parte en la
votación, que será secreta, todos los
chilenos, peruanos y extranjeros que
reunan los requisitos siguientes:

a)— Las calidades necesarias para
ser ciudadano elector; y

MINISTER OF FOREIGN
RELATIONS OF CHILE

Chilean Proposal

First—The plebiscite shall take
place on a date which will enable the
Chilean Government to fulfil the ob-
ligations which it has contracted to-
ward the Republic of Bolivia for the
construction of the railroad from
Arica to La Paz.

Second.—All Chileans, Peruvians,
and foreigners who possess the fol-
lowing requisites shall take part in the
vote, which shall be secret:

a) The qualifications necessary in
order to be a voting citizen; and

1 Peru, Boletin del Ministerio de Relaciones Exteriores, vols. 35-36, p. 194 et seg. For the
full text of the Chilian proposal and the note accompanying it see Ministerio de Relaciones
Exteriores de Chile, Question de Tacna y Arica — 2d edition (1912), pp. 379-415.

2-See Treaty with Bolivia, Article 3, ante, p. 1011.

THE TACNA-ARICA QUESTION, 1883— 1047

b)— Una residencia mínima de seis
meses.

Tercero.— Corresponderá á Chile
la presidencia tanto de la junta direc-
tiva como de las juntas de inscripción
y de recepción, que se compondrán de
tres vocales, á saber: uno chileno, uno
peruano y otro neutral designado por
los cónsules extranjeros de Tacna 6
por una nacion amiga.

Cuarto.— En todo lo que no sea
contrario á las presentes bases, Chile
podriá aceptar, si el Perú lo prefiere,
las estipulaciones del protocolo Bil-
linghurst-Latorre.

Contrapropuesta Peruana

Son necesarias las siguientes modi-
ficaciones en los cuatro puntos que
contiene el memorándum del séñor
encargado de negocios de Chile:

Primero.— La Junta directiva en-
cargada de organizar el plebiscito
comenzará á funcionar en el término
de tres meses contados á partir del día
en que se firme el protocolo plebisci-
tario.

Segundo.— Podrán tomar parte en
la votación, que será pública, todos los
peruanos y chilenos que reunan los
siguientes requisitos:

a)— Veinte y un años de edad ;

b)— Residencia en el territorio por
lo menos á partir del 1° de julio de
1907.

Podrán también tomar parte los na-
cidos en el territorio de Tacna y Árica
que se hallen presentes en el momento
de la votación, si previamente se hu-
biesen inscrito par tal objeto.

No podrán votar los empleados pú-

b) A minimum residence of six
months.

Third.—To Chile shall belong the
presidency both of the directing board
and of the boards of registration and
reception, which shall be composed of
three voting members, to wit: One
Chilean, one Peruvian, and one neu-
tral designated by the foreign Con-
suls of Tacna or by a friendly nation.

Fourth.—In all matters not con-
trary to the present bases, Chile may
accept, if Peru so prefers, the stipu-
lations of the Billinghurst-Latorre
protocol.

Peruvian Counterproposal

The following modifications are
necessary in the four points contained
in the memorandum of the Chargé
d’Affaires of Chile:

First. — The Directing Board
charged with the organization of the
plebiscite shall begin to operate within
a period of three months from the
date of signature of the plebiscitarv
protocol.

Second.—All Peruvians and Chil-
eans who possess the following requi-
sites may take part in the vote, which
shall be public :

a) The age of twenty-one years;

b) A residence in the territory dat-
ing at least from July 1, 1907.

Those born in the territory of
Tacna and Arica and who are present
at the time of the vote may also take
part provided they have previously
registered for the purpose.

Public employees and members of

1048

blicos ni los individuos del ejécito 6 de
la policía que presten sus servicios en
dichas provincias.

Tercero.— La junta directiva se
compondrá de tres vocales, á saber:
un peruano, un chileno y un neutral
designado por una nación amiga. La
presidencia corresponderá al neutral.
— Las juntas para la inscripción y
recepción de votos se compondrán
también de un delegado peruano, un
chileno y un neutral. La presidencia
de estas juntas corresponderá también
al delegado neurtal.

Cuarto.— La junta directiva seña-
lará los lugares en que deban fun-
cionar las juntas inscriptoras y recep-
toras.

En todos los demás puntos de de-
talle regirá el protocol Billinghurst-
Latorre.

Observaciones

Primera.— El Perú está dispuesto
a aceptar el arbitraje para resolver las
divergencias de opinión que no fuesen
conciliables.

Segunda.— El Perú acepta el voto
de los chilenos para dar prueba del
deseo que le anima de llegar á un aven-
imiento, pero no renuncia á la teoría
que siempre ha sostenido sobre el
derecho exclusivo que corresponde á
los naturales de Tacna y Arica. Por
tanto, si no hubiese acuerdo, la con-
cesión actual no podrá estimarse como
un reconocimiento definitivo.

Tercera.— Debe tenerse en cuenta
para juzgar la propuesta del Perú el

DOCUMENTS

the army or police force on duty in
said provinces shall not be allowed
to vote.

Third.—The directing board shall
be composed of three voting mem-
bers, to wit: a Peruvian, a Chilean,
and a neutral designated by a friendly
nation. The presidency shall belong

the neutral. The boards for the
registration and for the reception of
votes shall also be composed of one
Peruvian delegate, one Chilean, and
cne neutral. The presidency of these
boards shall also belong to the neu-
tral delegate.

Fourth.—The directing board shall
designate the places where the regis-
tration and reception boards are to
operate.

On all other points of detail the Bil-
linghurst-Latorre protocol shall gov-
ern.

Observations

First.—Peru is disposed to accept
arbitration in order to settle any dif-
ferences of opinion that may not be
reconcilable.

Second.—Peru accepts the vote of
the Chileans in order to furnish evi-
dence of her desire to reach an agree-
ment, but she does not abandon the
theory which she has always held that
the exclusive right belongs to the na-
tives of Tacna and Arica. There-
fore, if an agreement should not come
about, the present concession must
not be considered as a final recogni-
tion.

Third.—In judging the proposal of
Peru, the fact must be taken into ac-

THE TACNA-ARICA QUESTION, 1883—

hecho de haber: trascurrido cerca de
diez y seis años desde que se venció el
plaza de la ocupación.

Cuarta.— Habiendo contradicción
entre el propósito que anima al
gobierno de Chile para celebrar el
acuerdo en cuestión y el que revelan
las medidas adoptadas 6 proyectadas
contra los residentes peruanos y que
han motivado las reclamaciones que
verbalmente 6 por escrito ha presen-
tado el gobierno del Perú estima éste
que esas medidas deben suspenderse,
revocarse © quedar sin ejecución.

1049

count that about sixteen years have
elapsed since the period of the occu-
pation expired.

Fourth.—As there is a discrepancy
between the purpose animating the
Chilean Government to conclude the
agreement in question and that re-
vealed by the measures adopted or
proposed against the Peruvian resi-
dents and which furnished the
grounds for the protests presented
orally or in writing by the Peruvian
Government, the latter thinks that
these measures ought to be suspended,
revoked, or left unenforced.

Proposal Regarding the Plebiscite Made by the Peruvian Government,

November 10, 1912!

De Lima, Noviembre 10

Mi Gobierno desea reanudar con el
de V. E. relaciones cordiales y esta-
bles con el propósito de prosperidad
nacional y de satisfacer altos inter-
eses americanos. Animados del an-
helo de finalizar el conflicto de Tacna
y Arica propongo a V. E. desde luego
aplazar hasta 1933 el plebiscito el cual
se celebrará bajo la dirección de
mesas formadas por una comisión
que procederá en mayoría y que será
compuesta de cinco delegados a saber:
de dos chilenos nombrados por Chile,
de dos peruanos nombrados por el
Perú y del Presidente de la Corte
Suprema de Justicia de Chile quien
la presidirá. Votaran los nacidos en

Lima, November 10.

My Government desires to renew
cordial and stable relations with that
of your Excellency, with the object
both of national prosperity and of the
satisfaction of American interests of
importance. Animated by the desire
to put an end to the Tacna-Arica con-
flict I propose to your Excellency that
the plebiscite shall take place in 1933
and shall be celebrated under the di-
rection of boards which shall be ap-
pointed by a commission which shall
proceed by majority vote and which
shall be composed of five delegates,
that is to say: two Chilians appointed
by Chile, two Peruvians appointed by
Peru, and the President of the Su-

1 Chile, Memoria del Ministro de relaciones exteriores, octubre de 1911 — julio de 1914,

p. 283.

1050

Tacna y Arica y los chilenos y los
peruanos que hayan residido tres años
en el territorio. Todos los votantes
deberán saber leer y escribir. Tan
pronto como V. E. me manifeste
cablegráficamente su conformidad con
estos propósitos y los hayamos ratifi-
cado también por cable acreditaremos
Ministro Plenipotenciario que cola-
bore a la inmediata formalización de
este convenio y procure llevar a efecto
arreglos de comercio y de navegación
de mutua ventaja.

(Firmado) WENCESLAO VALERA. |
Ministro de Relaciones

Excmo. Señor Ministro de Rela-
ciones Exteriores.— Santiago.

DOCUMENTS

preme Court of Chile, who shall pre-
side. There shall vote those born in
Tacna and Arica and those Chilians
and Peruvians who shall have re-
sided three years in the territory. All
voters shall be able to read and write.
As soon as your Excellency shall have
notified me by telegraph of your ac-
ceptance of these proposals and as
soon as we shall have ratified them by
wire, we will give the necessary cre-
dentials to our Minister Plenipotenti-
ary who will collaborate in the imme-
diate framing of this convention and
will endeavor to effect agreements
concerning commerce and navigation
which shall be of mutual benefit.
(Signed) WENCESLAO VALERA.
Minister of Foreign Relations.
To His Excellency the Minister of
Foreign Relations.— Santiago.

THE SEPARATION OF NORWAY FROM SWEDEN, 1905

Address to the King by the Riksdag Postponing Negotiations Regarding
Separation Until After a Further Expression of the Desire of the Norweg-

ian People. July 28, 1905 !

I vissa af de inom Riksdagen af-
gifna motioner har framhállits, att
Sverige icke borde lämna sitt sam-
tycke till unionens upplósning, forr
án det norska folket fátt uttala sig,
vare sig ett sàdant uttalande komme
att gifvas, pà sátt en motionär ifraga-
satt, genom nya val till Stortinget
eller, enligt en annan motionárs men-
ing, medelst folkomrôstning.

Riksdagen anser ock, att i ett
arende af sá utomordentlig ráckvidd
som frägan om unionens upprätthäl-
lande eller upplösning ett säkrare ut-
tryck för det norska folkets vilja bör
gifvas, än som skett genom stortings-
beslutet den 7 juni 1905.

Hvilkendera af de ifrägasatte for-
merna för att bereda det norska folket
tillfälle till uttalande i denna fräga
bör väljas, anser Riksdagen böra bero
af Norges eget afgörande. Men tyd-
ligt synes det Riksdagen vara, att
frän svensk sida icke nägon ätgärd
för unionens uplösning eller för att
lämna erkännande ät den politiska

1 Untonens Oplésning, p. 293.

In certain of the motions proposed
in the Riksdag it was pointed out that
Sweden ought not to give her consent
to the dissolution of the union before
the Norwegian people had been able
to express their opinion, whether such
expression be given, as suggested by
one member offering a motion, by
means of a new election to the Stort-
ing, or, according to the suggestion
of another, by means of a plebiscite.

The Riksdag is also of the opinion
that in a matter of such extraordinary
consequence as the question of the
maintenance or dissolution of the
union, a surer expression of the will
of the Norwegian people ought to be
given than occurred through the
Storting’s resolution of June 7, 1905.

The Riksdag is of the opinion that
the question of which one of the
aforementioned methods ought to be
chosen to give the Norwegian people
an opportunity for expression upon
their question should depend on Nor-
ways’ own decision. But it seems
clear to the Riksdag that from the
Swedish point of view no measures

1052

ställning, hvari Norge kommit, hor
vidtagas, förrän det norska folket
haft tillfälle att gifva otvetydigt ut-
tryck för sin uppfatning i saken och,
därest det därvid uttalat sig för un-
ionens upplösande, framställning 1
sadant syfte skett fran Norge. Om
sádan framställning kommer och om
ur svensk synpunkt tillfredsställande
Ofverenskommelse visar sig kunna
träffas i fràga om de villkor, som
frán Sveriges sida máste uppstallas
for erkánnande af Norge sásom en
frán unionen med Sverige skild stat,
anser Riksdagen, att Sverige bôr vara
beredt att för sin del medgifva riksak-
tens upphäfvande och unionen upp-
lösning.

Vid eventuella förhandlingar hä-
rom bör med kraft och bestämdhet
fordras och fasthällas, hvad hänsyn
till Sveriges välfärd och värdighet
kräfver.

För bäda folken mäste det vara en
angelägenhet af högsta vikt, att,
därest unionen upplöses, fred dem
emellan dock mätte räda för fram-
tiden. Därför böra icke anordningar,
som det ena landet kan uppfatta sä-
som ett hot frän det andra landets
sida, uppratthállas. Fastmer bor en
öfverenskommelse träffas, hvarige-
‚om dylika anordningar äfven for
framtiden förebyggas.! . . .

DOCUMENTS

ought to be taken for the dissolution
of the union or for taking cognizance
of the political situation to which
Norway has come, before the Norwe-
gian people has had a chance to give
unequivocal expression of its opinion
in the matter, and, in case it expresses
itself in favor of the dissolution of
the union, a report to that effect is
received from Norway. In case such
report comes and in case it appears
that an agreement, satisfactory from
the Swedish point of view, can be
made respecting the conditions which
must be stipulated from Sweden's side
for the recognition of Norway as a
state disunited from Sweden, then the
Riksdag is of the opinion that Sweden
should be ready, for its part, to agree
to the annulment of the Act of Union
and the dissolution of the union.

In the event of negotiations con-
cerning this, that which consideration
for Sweden's welfare and dignity de-
mands should be forcefully and de-
cisively demanded and insisted upon.

For both peoples it must be a mat-
ter of greatest weight that, in case the
union is dissolved, peace should pre-
vail between them for the future.
Therefore negotiations which one
country might interpret as a threat
from the other country ought not to

- be maintained. Moreover an agree-

ment ought to be concluded, by means
of which such regulations might be
precluded even for the future.

1 The provisions stipulated by the Riksdag in the passages omitted concern an agree-
ment as to arbitration, a neutral zone, pasturage rights for the Swedish Lapps, commerce

in transit and waterways owned in common.

THE SEPARATION OF NORWAY FROM SWEDEN, 1905

Under áberopande af hvad sálunda
blifvit anfôrdt, fár Riksdagen dels,
under uttalande att Eders Kungl.
Maj:ts förevarande proposition icke
kunnat, sádan den blifvit Riksdagen
forelagd, bifallas, fórklara, att Riks-
dagen icke har nágot att invánda mot
att, dàrest ett efter nya val tillkommet
Storting gór framställning om riks-
aktens upphäfvande och unionens
upplösning eller ock sädan framställ-
ning frän Norge ingär efter det
norska folket genom folkomröstning
uttalat sig för unionens upplösning,
förhandlingar af här ofvan angifven
art upptagars; . ..

Stockholm den 28 juli 1905.
Med undersátlig vórdnad
Pá Riksdagens vágnar:
for Forsta Kammaren:
GUSTAF SPARRE.
n. v. Talman.
for Andra Kammaren:
AXEL SWARTLING.
n. v. Talman.

1053

With reference to what has been
stated, the Riksdag wishes to an-
nounce first, that while stating that
Your Majesty's present proposition
can not be approved in the form in
which it was laid before the Riksdag,
in case the newly elected Storting de-
mands the annulment of the act of
union and the dissolution of the
union, or in case such a demand pro-
ceeds from Norway after the Norwe-
gian people, by means of a plebiscite,
have pronounced in favor of the dis-
solution of the union, the Riksdag
has no objection to make against the
initiation of negotiations of the na-
ture described above;

Stockholm, July 28, 1905.

As respectful subjects on behalf of
the Riksdag:

for the First Chamber:

GUSTAV SPARRE
Speaker.

For the Second Chamber:

AXEL SWARTLING
Speaker.

Report to the Storting by the Norwegian Department of Justice Recommend-
ing a Plebiscite in Norway. Approved by Resolution of the Norwegian

Government of the same Date.

Ved den af forholdene ngdvendig-
gjorte ekstraordinære afgjgrelse, som
paa nationens vegne er truffet af stor-
tinget gjennem dets beslutning af 7de
juni 1905, har nationalforsamlingen
optraadt med den befgielse, som er
hjemlet den ved dens stilling og ved

1 Unionens Oplasning, p. 219.

July 27, 1905 !

Regarding the extraordinary deci-
sion necessitated by the circum-
stances, a decision made on behalf of
the nation by the Storting in its reso-
lütion of June 7th, 1905, the national
assembly has acted with the authority
granted to it by its position and by

1054

bevidstheden om at handle under fuld
tilslutning og billigelse af det norske
folk,

Udenfor Norge har der imidlertid
været forsggt at reise tvil om tilstede-
deværelsen af en saadan folkemen-
ing. Særelig maa dette tvilsmaal an-
tages at ligge til grund for de gnsker
om yderligere tilkjendegivelse af det
norske folks vilje og mening, der er
kommet til orde i den Sveriges riks-
dag nu forelagte komiteindstilling og
riksdagens paa grundlag heraf fat-
tede beslutning i anledning af union-
ens oplgsning og de dermed i forbin-
delse staaende spgrsmaal.

Uden for nærværende igvrigt at
indlade sig paa de i den nævnte ind-
stilling omhandlede vilkaar eller de
derfor angivne udgangspunkter og
forudsætninger, finder departemen-
tet, at der en opfordring til snarest
muligt gjennem en folkeafstemning at
bortrydde den ubefgiede tvil. I
lande, hvor man ikke har tilstreek-
kelig anledning til at lere den virke-
lige stemning i Norge at kjende,
kunde paastanden om splittelse inden
det norske folk vanskeliggjgre eller
forhale ordningen af det suveræne
Norges forhold til udenverdenen.

En fri folkeafstemning af norske
borgere angaaende det spgrsmaal, til
hvis besvarelse den navnte tvil er
ségt knyttet unionens oplgsning,— vil
bringe ogsaa fjernt staaende fuld
klarhed og bortrydde virkningerne af
de feilagtige opfatninger, som kan
have gjort sig gjeldende i udlandet.

DOCUMENTS

the consciousness of acting with the
full approval and agreement of the
Norwegian people.

Outside of Norway, however, at-
tempts have been made to arouse
doubts regarding the presence of such
a popular opinion. Such a doubt
must supposedly be the basis of the
desire for a further manifestation of
the will and opinion of the Norwe-
gian people, which has been expressed
in the committee report now laid be-
fore the Swedish Riksdag, and a reso-
lution of the Riksdag adopted on the
basis thereof with regard to the dis-
solution of the union and the ques-
tions arising in connection therewith.

Without discussing for the present
the conditions mentioned in the said
report or the points of departure
given and presuppositions given
therefor, the department finds that
there is a demand for removing as
quickly as possible the unjustified
doubt by means of a plebiscite. In
countries where sufficient opportunity
is not at hand to become acquainted
with the real opinion in Norway, the
charge of division within the Norwe-
gian nation might make difficult or
might delay the regulation of the rela-
tion of the sovereign state of Norway
to foreign countries.

A free plebiscite of Norwegian citi-
zens concerning the question, upon
the answer of which an attempt has
been made to cast doubt — the disso-
lution of the union — will bring com-
plete clearness even to those at a dis-
tance and will remove the effect of
the mistaken suspicions which may

THE SEPARATION OF NORWAY FROM SWEDEN, 1905

Og for vore medborgere kan en saa-
dan ekstraordinær personlig tilkjende-
givelse af deres mening og vilje alene
tjene til at styrke fædrelandskjælig-
heden og offerviljen og yderligere
vekke deres samfglelse og bevidsthed
om det fælles ansvar.

Departementet vil efter dette fores-
laa, at der foranstaltes en umiddelbar
afstemning af de efter grundloven
stemmeberettigede borgere om, hvor-
vidt de er enige i den iverksatte oplgs-
ning af unionen.

Med hensyn til enkelthederne ved
fremgangsmaaden henviser departe-
mentet til vedlagte udkast til stor-
tingsbeslutning og skal her kun kor-
telig fremhæve fglgende: —

Det vil paa den ene side selvfglge-
lig vare ngdvendigt, at stemmegiv-
ningen omgives med alle de kauteler,
som lovgivningen har fundet gnske-
lige for at betrygge offentlige valg-
handlingers renhed. Igvrigt vil det
imidlertid vere gnskeligt, at ordnin-
gen gjgres saa enkel og letvindt som
muligt. Dette kan bedst opnaaes
derved, at stemmegivningen saavidt
muligt foregaar paa samme maade
som ved sidste stortingsvalg. Man
foreslaar derfor, at det da benyttede
mandtal lægges til grund, at afstem-
ningen ligesom dengang paa landet
foregaar prestegjældsvis, at der saa-
vidt muligt benyttes de samme lokaler
og den samme sammensætning af
valgstyrerne som dengang o.s.v.

I henhold til foranfgrte tillader de-
partementet sig at indstille:

1055

have arisen in foreign countries.
And for our fellow citizens such an
extraordinary personal manifestation
of their opinion will only serve to
strengthen their love of country and
their spirit of sacrifice, and, further-
more, awaken their feeling of solidar-
ity and their consciousness of a com-
mon responsibility.

Therefore the department proposes
an immediate voting by the citizens
entitled to vote according to the con-
stitution over the question whether
they agree to a dissolution of the
union which has been undertaken.

With regard to the details of exe-
cution, the department refers to the
appended draft of the Storting reso-
lution and wishes merely to empha-
size briefly the following:

On the one hand it will of course
be necessary to surround the balloting
with all the safeguards which legis-
lation has considered desirable in or-
der to assure the purity of public elec-
tions. However, it is desirable to
make the regulations as simple and as
easy as possible. This result can best
be obtained by having the balloting
take place as much as possible in the
same manner as at the last election
for the Storting.

It is therefore proposed to use as a
basis the census used at that time, and
have the balloting done in the coun-
try by parishes as at that time, and to
use as much as possible the same halls
and the same election officials as at
that time, etc.

With regard to the preceding, the
department begs to propose:

1056

At Den norske regjering maa bi-
falde og med sin underskrift forsyne
vedlagte udkast til en proposition til
stortinget om afholdelse af en folkeaf-
stemning angaaende spgrsmaalet om
ophævelse af foreningen med Sve-
rige.

Den norske regjerings proposition
til Norges riges Storting om afhol-
delse af en folkeafstemning an-
gaaende spgrsmaalet om ophævelse af
foreningen med Sverige.

Den norske regjering |
gjgr vitterligt :

Ved hoslagt at lade fglge gjenpart
af indstilling i sagen fra justis- og
politidepartementet skal Den norske
regjering indbyde Stortinget til at
fatte beslutning om afholdelse af en
folkeafstemning angaaende spgrsmaa-
let om ophævelse af foreningen med
Sverige overensstemmende med ved-
lagte udkast.

Givet i Kristiania den 27de juli
1905.
Under rigets segl.
(L. S.)
CHRISTIAN MICHELSEN,
Sorus ARCTANDER,
GUNNAR KNUDSEN,
E. HAGERUP BULL,
LOVLAND,
W. OLsson,
A. VINJE,
CHRISTIAN KNUDSEN,
HARALD BOTHNER,
LEHMKUHL,
K. Norsy,
kst.

DOCUMENTS

That the Norwegian government
approve and append its signature to
the appended draft of a proposition
to the Storting concerning the taking
of a plebiscite regarding the question
of the dissolution of the union with
Sweden,

The proposition of the Norwegian
Government to the Storting of the
Norwegian Kingdom concerning the
taking of a plebiscite regarding the
question of the dissolution of the
union with Sweden.

The Norwegian government pro-
claims:

By enclosing herewith a copy of the
report in this matter from the De-
partment of Justice and the Police
Department, the Norwegian Govern-
ment shall notify the Storting to
adopt a resolution concerning the tak-
ing of a plebiscite regarding the ques-
tion of the dissolution of the union
with Sweden in accordance with the
enclosed draft.

Given in Kristiania 27th day of
July 1905.

Under the seal of the State

(L. S.)

CHR. MICHELSEN
SOFUS ARCTANDER
GUNNAR KNUDSEN
E. HAGERUP BULL
LOVLAND
W. OLSSON
A. VINJE
CHR. KNUDSEN
HARALD BOTH NER
LEHMKUHL

K. NorBY

kst.

THE SEPARATION OF NORWAY FROM SWEDEN, 1905

1057

Draft of Regulations for the Plebiscite Submitted with the Above Report?

I

Den 13de august 1905 kl. 1 em.
skal for hele riget en folkeafstemning
finde sted, hvorved de, som har stem-
meret after grundloven, skal give
svar paa det spgrsmaal, om de er
enige i unionens oplgsning eller ikke.

II

Regjeringen anmodes om at træffe
de forngdne forfgininger til afhol-
delse af denne folkeafstemning, ved
hvilken de regler, som den gjældende
lovgivning indeholder om fremgangs-
maaden ved stortingsvalg, finder til-
svarende anvendelse, med de lemp-
ninger, som i det f#lgende angives.

III

1. Afstemningen foregaar for hver
kjgbstad, paa landet for hvert preste-
gjeld, og efter det mandtal, som blev
istandbragt til sidste stortingsvalg,
med de ændringer, som fglger af ne-
denstaaende forskrifter.

2. I mandtallet stryges de per-
soner, som efter dets istandbringelse
er afgaaede ved dgden eller har mis-
tet sin stemmeret (grl. $ 3, jfr. $50),
og suspensionsmerke sættes ved dem,
som siden har faaet sin stemmeret
suspenderet, og saadant merke stryges
ved dem, for hvem suspensionen siden
er hævet.

3. Den, som ikke er indfgrt i det
1 Unionens Oplesning, p. 220.

I

Upon the 13th August 1905, at 1
P. M. a plebiscite shall take place for
the whole Kingdom by which those
who are entitled to vote according to
the constitution shall give an answer
to the question whether they agree to
a dissolution of the union or not.

II

The government is requested to
take the necessary measures for the
taking of this plebiscite by which the
regulations of the laws in force con-
cerning the mode of procedure at elec-
tions of the Storting are given corre-
sponding application with such modi-
fications as are given below.

III

1. The balloting shall take place in
every town, in the country in every :
parish and according to the census
which was taken for the last election
of the Storting, with such changes as
result from the following regulations:

2. In the census are omitted those
persons who since the taking of the
same have died or have lost their right
to vote (Constitution paragraph 3 of
J. F. R. p. 50) ; a mark of suspension
shall be placed at the names of those
who have since had their right to vote
suspended and such mark shall be
erased for those from whom the sus-
pension has since been removed.

3. Any man whose name is not

1058

omhandlede mandtal, fordi han ved
stortingsvalget i 1903 endnu ikke
havde fyldt 25 aar eller havde været
bosat i landet i 5 aar, men som senest
paa den for stemmegivningen fast-
‘satte dag fylder disse vilkaar, skal,
om han besidder stemmeretsvilkaarene
forgvrigt, indfgres i mandtallet, saa-
fremt han personlig fremsætter be-
gjæring derom hos mandtalsfgreren
paa sit bosted iden kl. 8 aften den
8de august. Andre end de her
nævnte personer, som ikke staar i
valgsognets mandtal, kan ikke ind-
fgres i dette.

4. Mandtallet skal uden at gjen-
nemgaaes af mandtalsnevnd foran-
staltes udlagt til almindeligt eftersyn
fra kl.8 morgen til kl.8 aften den
10de og 11te august. Ilgbet af denne
tid maa klager over mandtallets ind-
hold være indgivne til styret for stem-
memgdet (d.e. valgstyret). Mand-
talslovens forskrifter om istandbrin-
gelse af lister og afgivelse af med-
delelser vedkommende klagebehand-
lingen m.v. kommer paa grund af den
korte tid for folkeafstemningens af-
holdelse ikke til anvendelse.

5. Kjendelser angaaende mandtal-
lets indhold afsiges af stemmemgdets
styre 12te august.

6. Stemmeberettiget, som ved sidste
stortingsvalg var indfgrt i mandtallet
for et valgsogn. Som han senere er
fraflyttet, skal afgive stemme i det
nævnte valgsogn. Stemmegivningen
kan da ske uden personligt fremmgde,

DOCUMENTS

found in the state census because at
the time of the election in 1903 he had
not completed his twenty-fifth year, or
had not yet been domiciled in the
country for five years, but who fulfills
these conditions at the latest upon the
day set for the balloting, shall be in-
cluded in the census, in case he fulfills
the other conditions for voting, and in
case he personally makes a request to
this effect of the chief of the census
in the place where he lives at 8 P. M.
on the 8th of August. Other persons
than those here named who are not
in the census of the electoral district,
can not be included in it.

4. The census lists shall, without
being examined by the census commit-
tee, be exposed to public view from 8
A. M. to 8 P. M., on the 10th and 11th
of August. Within this period of
time complaints regarding the con-
tents of the census lists must be
handed to the election board. The
regulations of the census law concern-
ing the making of lists and the giving
of information concerning the han-
dling of complaints, etc., can not be
carried out on account of the short-
ness of time for the taking of the ple-
biscite.

5. Judgments concerning the con-
tents of the census are rendered by
the election board upon the 12th of
August.

6. A person entitled to vote at the
time of the last election of the Stort-
ing who was included in the census
list of an electoral district from which
he is later removed shall cast his vote
in the said electoral district. The

THE SEPARATION OF NORWAY FROM SWEDEN, 1905

i hvilket tilfælde de for forfald
gjældende forskrifter finder tilsva-
rende anvendelse.

7. Er valgsognet delt i eller mellem
fiere kommuner, skal der i stem-
memgdets styre vare saa mange med-
lemmer af hvert formandskab, som
det ved stortingsvalget i 1903 var til-
feeldet. Er der senere foregaaet del-
‘ing af kommune, bestemmer amtman-
-den, hvormange medlemmer der skal
vare fra hvert formandskab.

Er mandtalsfgrerens distrikt delt i
eller mellem flere valgsogne, kan han
i forngdent fald bemyndige et medlem
af vedkommende stemmemgdes styre
til at forrette for ham i styre, hvori
han selv ikke kan deltage.

8. Stemmegivningen bör, forsaa-
vidt der ikke besluttes videregaaende
deling af valgsognet, saavidt mulight
foregaa i de samme dele af dette og
paa de samme steder som ved sidste
stortingsvalg. Hvor den ikke kan
foregaa i samme lokale, bestemmes
dette af stemmemgdets styre.

9. Stemmesedlerne skal kun lyde
paa enten ordet “ja” eller ordet
“nei” (trykt eller skrevet). Er den
stemmeberettigede enig i unionens op-
Igsning, svarer han “ ja,” er han uen-
ing deri, svarer han “nei.” Inde-
holder stemmeseddel andet end et af
disse ord, skal den forkastes.

10. Naar stemmeoptellingen for
det enkelte valgsogn er tilendebragt,
skal styrets formand uopholdelig (om
muligt telegrafisk) sende justisde-
partementet indberetning om udfaldet.

1059

voting may take place without appear-
ing in person in which case the regu-
lations concerning absentee voting are
applied.

7. If the electoral district is divided
between several communes the election
board shall be made up of as many
members from each communal board
as was the case at the election of the
Storting in 1903. If a division of the
commune has taken place since then,
the county magistrate decides how
many members there shall be from
each. If the district of the chief of
the census is divided among several
electoral districts, he may, in case of
necessity, empower a member of the
said election board to act for him
where he himself can not be present.

8. The balloting should, in case
further division of the election dis-
trict is not decided upon, take place so
far as possible, in the same parts
thereof and in the same places as at
the last election of the Storting.
Wherever it can not take place in the
same hall the place is decided upon by
the election board.

9. The ballots shall merely be
marked either with the word “ yes”
or “no” (printed or written). If
the voter agrees to a dissolution of the
union he answers “ yes,” if he dis-
agrees he answers “no.” If the bal-
lot contains other than one of these
words 1t shall be rejected.

10. When the counting of the votes
for the separate electoral districts shall
be finished, the chairman of the board
shall immediately notify the depart-
ment of justice (if possible by tele-

1060

Regjeringen afgiver derpaa snarest
muligt meddelelse til stortinget om
stemmegivningen for hele riget.

11. Regjeringen bemyndiges til at
undfærdige de nærmere forskrifter,
som udkræves til afstemningens
iverksættelse samt til at foreskrive
lempninger i de sedvanlige regler, for-
saavidt det paa grund af særlige for-
hold vilde vere forbundet med ufor-
holdsmæssige ulemper et fglge disse.

DOCUMENTS

graph). The government thereupon
notifies the Storting as quickly as pos-
sible regarding the vote for the whole
kingdom.

11. The government is empowered
to make more detailed provisions nec-
essary for the carrying out of the bal-
loting as well as to make modifications
in the usual regulations, in so far as
it would be fraught with dispropor-
tionate difficulties to follow these
regulations on account of special con-
ditions.

Circular of Instructions from the Department of Justice to the Registration
Officers and Boards of Election. July 29, 1905 *

Stortinget har under 23de juli sidst-
leden fattet beslutning om, at der
den 13de august fgrstkommende kl.1
eftermiddag for hele riget skal finde
sted en folkeafstemning, hvorved de,
som har stemmeret efter grundloven,
skal give svar paa det spgrsmaal, om
de er enige i den stedfundne oplgs-
ning af unionen eller ikke. Regjer-
ingen er anmodet om at træffe de
forngdne forfgininger til afholdelse
af denne folkeafstemning, ved hvilken
de regler, som den gjældende lovgiv-
ning indeholder om fremgangsmaaden
ved stortingsvalg, skal finde tilsva-
rende anveldelse, med forskjellige 1
beslutningen angivne lempninger.

Denne beslutning er ved regjerin-
gens resolution af s.d. befalet tagen
tilfglge og dette departement over-
draget at træffe de til afstemningens

1 Unionens Oplysing, p. 323.

The Storting on July 23 ult. re-
solved that on the next 13th of Au-
gust, at 1 P. M., a general popular vote
shall be cast for the whole kingdom,
whereby those who have suffrage ac-
cording to the Constitution, shall an-
swer the question if they agree or do
not agree to the dissolution of the
Union, which has taken place. The
Government has been requested to
take the necessary steps towards the
casting of this popular vote, in accord-
ance with the rules legally valid for
the election of members of the Stort-
ing, with various modifications, as
stated in the resolution.

This resolution has been sanctioned
by the Government resolution of the
same date, and this Department has
been charged with the duty of taking

THE SEPARATION OF NORWAY FROM SWEDEN, 1905

tremme forngdne forfgininger, de-
runder ogsaa at foreskrive yderligere
forngdne lempninger i de almindelige
regler om fremgangsmaaden ved valg.

Idet departementet lader fglge af-
tryk af den nevnte stortingsbeslut-
ning, hvortil henvises, skal man an-
mode hr. mandtalsfgreren om uop-
holdelig at besgrge denne paa virk-
somste maade bragt til almindelig
kundskab, saasom gjennem opslag
paa forskjellige steder og lesning fra
kirkebakken.

Departementet skal endvidere til
nærmere underretning og veiledning
for hr. mandtalsfgreren og valgstyret
meddele fglgende:

1. Ved afstemningen skal benyttes
det mandtal, som blev istandbragt til
stortingsvalget i 1903. Heri skal
foretages de rettelser og ændringer,
som omhandles i stortingsbeslutnin-
gens III, post 2, hvorhos der 1 sammes
post 3 aabnes adgang til indfgrelse af
stemmeberettigede, som siden sidste
stortningsvalgs afholdelse har fyldt 25
aar eller i samme tidsrum har fyldt
vilkaaret at have været bosatte 1 riget
i 5 aar, og som personlig fremsætter
begjzring derom hos mandtalsfgreren
paa sit bosted inden kl.8 aften den
Ode august. Derimod vil der ikke
vere adgang til at indfgre andre per-
soner i mandtallet, altsaa f.eks. ikke
saadanne, som ved en forglemmelse
ikke kom ind i mandtallet i 1903, eller
personer, som senere har opnaaet
zeresopreisning.

Hvad angaar stemmeberettigede,

1061

the necessary steps towards the cast-
ing of the vote, and also of prescrib-
ing the necessary changes in the or-
dinary rules for the procedure in case
of elections.

The Department encloses for refer-
ence a copy of the said Resolution of
the Storting, and requests the Regis-
tration Officer to make it public imme-
diately and in the most effective man-
ner, for instance by posting at differ-
ent places and by announcement at
Church service.

The Department in addition to this
makes the following announcement,
as a further instruction to the Regis-
tration Officers and the Board of
Election.

1. For the casting of the vote the
census list prepared in 1903 for the
election of the Storting shall be used,
with such corrections and changes as
are mentioned in the Resolution of the
Storting, No. III, article 2. In addi-
tion permission is granted by article 3
for the registration of voters, who
have reached the age of 25 since the
last election of the Storting, or during
the same period have filled the condi-
tion of residence in the country for
five years, and who personally submit
a request to that effect to the election
officer at their legal residence before 8
P. M. August 9. There will be no oc-
casion to enter other persons in the
census list, for instance such as by
mistake failed to register in 1903, or
persons who have been rehabilitated
since that time.

As regards citizens of age who have

1062

som siden istandbringelsen af valg-
mandtallet i 1903 er flyttede fra et
valgsogn til et andet, bliver der ingen
forandring at foretage i mandtallet 1
anledning af den stedfundue flytning.

2. Den i overensstemmelse med fo-
rannævnte regler udbedrede og sup-
plerede mandtal bliver ikke at gjen-
nemgaa af nogen mandtalsnævnd, og
mandtalslovens $ 3 vil fglgelig ikke
for nogen del komme til anvendeelse
ved denne anledning. Mandtallet
skal vere udlagt til almindeligt efter-
syn paa mandtalsfgrerens kontor fra
kl.8 morgen til kl.8 aften den lite
august.

3. Klager over mandtallets indhold
maa vere indgivne til stemmempdets
styre (>:det sedvanlige valgstyre) in-
den kl.8 aften den 11te august. Liste
over dem, som klagerne vedkommer,
behgver ikke at udlegges, ligesaalidt
som de i lovens $ 6, sidste led, om-
handlede underretninger behgver at
gives.

4. Kjendelser i anledning af ind-
komme klager afsiges af stemmemg-
dets styre i mgde den 12te august.

Om styrets afsigelse af kjendelser
i stemmeretsspgrsmaal foreskriver
som bekjendt mandtalsloven ($ 13,
sidste punktum), at mandtalsfgreren
altid skal vere med. Af hensyn her-
til er det i stortingsbeslutningens III,
post 7, andet led, bestemt, at mandals-
fgrer, hvis distrikt er delt i eller mel-
lem flere valgsogne, skal have ret til i
forngdent fald at bemyndige et med-
lem af vedkommende stemmemgdes

DOCUMENTS

moved from one election precinct to
another since the registration of 1903,
no change shall be made in the lists
on account of such removal.

2. The corrected and supplemented
registration record, in accordance
with the preceding rules, shall not be
revised by any Board of Election;
consequently article 3 of the election
law will in part not be applied on this
occasion. The registration record
shall be open to public inspection in
the office of the registration officer
from 8 A. M. to 8 P. M. on August 11.

3. Complaints of the contents of
the registration record must be sub-
mitted to the Board of Election (i. e.
the ordinary Board of Election) be-
fore 8 P. m., August 11. No record
of those affected by the complaints
need be exhibited, and the notifica-
tions, prescribed in article 6 of the
law, need not be made.

4. Decisions with regard to the
complaints received shall be rendered
by the Election Board in a meeting on
August 12.

With regard to decisions of ques-
tions connected with elections it is
common knowledge that the Registra-
tion law (article 13, last period) pre-
scribes that the election officer shall
always be present. On this account
the Resolution of the Storting III,
article 7, 2d part, decrees that an elec-
tion officer, whose district is divided
in or between several precincts shall
be permitted in case of need to au-

THE SEPARATION OF NORWAY FROM SWEDEN, 1905

styre til at forrette for ham 1 styre,
hvori hen ikke selv kan deltage.

Stemmemgdets styre svarer til det
i mandtalsloven omhandlede valg-
styre og bestaar saaledes af mandtals-
fgreren (mandtalsfgrerne) og valg-
sognets nuværende formend (jfr.
mandtalslover $ 13). Reglerne om
de særskilte valgstyrer (lovens $ 14)
finder tilsvarende anvendelse, hvor der
foregaar stemmegivning paa flere
steder 1 valgsognet.

Hvor valgsognet er delt i eller mel-
lem flere kommuner, skal styret be-
staa — foruden af mandtalsfgreren
(mandtalsfgrerne) — af saa mange af
de nuverende medlenmer af hvert
‘formandskab, som tilfældet var ved
sidste stortingsvalg. Er der senere
foregaaet deling af kommune, bestem-
mer amtmanden, hvormange medlem-

mer der skal vare fra hvert formand-
skab.

Det er mandtalsfgreren, hvem det 1
fórste linje paaligger at sgrge for, at
stemmemgdets styre trader sammen
for at vælge formand of igvrigt
igangsætte sin virksomhed. Han bgr
uopholdelig træffe forfgining til
styrets sammenkaldelse, i forngdent
fald ved hjelp af telegraf, telefon
eller gjennem ekspres.

6. Med hensyn til stederne for af-
stemningens foretagelse er det 1 stor-
tingsbeslutningen bestemt, at stemme-
givningen — forsaavidt ikke videre-
gaaende deling af valgsognet besluttes

1063

thorize a member of the Election
Board in question to act on his behalf
at a meeting in which he can not him-
self be present.

The board of the meeting corre-
sponds to the board mentioned in the
Registration law, consisting of the
registration officer (or officers) and
the present selectmen of the election
district (cf. the Registration law, ar-
ticle 13). The rules for special elec-
tion boards (article 14) shall be simi-
larly applied where there are several
precincts in the election district.

Where the election district is di-
vided in or between several munici-
palities the board shall consist — be-
sides of the registration officer (or
officers) of as many of the present
members of the selectmen of each par-
ish council, as was the case at the last
election of the Storting. If, since
then a parish has been divided, the
County sherift (commissioner) will
decide about the number from each
parish council.

It is primarily the duty of the reg-
istration officer to see to it that the
Election board meets in order to elect
a chairman and otherwise to start its
activity. He shall immediately take
steps to convene the board, if neces-
sary using telegraph, telephone or ex-
press.

6. As regards the polling place, the
Resolution of the Storting prescribes
that the vote shall, as far as possible,
be cast in the same parts of the elec-
tion districts and at the same places

1064

af stemmemgdets styre eller mandtals-
fgreren — saavidt muligt bgr foregaa
i de samme dele af valgsognet og paa
de samme steder som ved sidste stor-
tingsvalg. Det ved valget i 1903
benyttede husrum bgr anvendes, hvis
der nu er adgang til at bruge det; 1
andet fald vil det vere stemmemgdets
styre eller mandtalsfgreren overladt
at vælge et andet, saavidt muligt nær-
liggende lokale.

Bestemmelse om yderligere deling
af afstemningen og om valg af lokale
bgr fattes af valgstyret, hvis dette
hurtig nok kan sammenkaldes, kun i
modsat fald af mandtalsfgreren. Da
det ar af særlig vigtighed, at deltagel-
sen i afstemningen bliver mest mulig
omfattende, bgr stemmegivningen
deles overalt, hvor adgangen til del-
taglese derved væsentlig kan lettes.
Bestemmelse om deling og om lokale
bgr snarest træffes og offentliggjgres.

7. Styret for stemmemgdet bgr
straks udfærdige indkaldelse til de
stemmeberettigede.

I indkaldelsen anmodes de stemme-
berettigede om at fremmgde til den
ved stortingets beslutning af 28de juli
1905 besluttede folkeafstemning for
at stemme om, hvorvidt de er enige 1
den stedfundne oplgsning af unionen
eller ikke.

Dernæst skal gjgres rede for det
eller de steder, hvor afstemningen
skal foregaa, for tiden for mgdets
begyndelse og for det klokkeslet, da
stemmegivningen skal vere tilende-
bragt.

Det bgr i indkaldelsen bemerkes, at

DOCUMENTS

as at the last election of the Storting
— provided a further subdivision has
not been decided upon by the Election
board or the registration officer. The
building used at the election of 1903
shall be used if possible ; otherwise the
Election board or the registration of-
ficer will select another locality as
near by as possible.

Decision with regard to further di-
vision of the voting and choice of poll-
ing place shall be made by the Elec-
tion board, if it can be convened
quickly enough, otherwise by the reg-
istration officer. As it is of special
importance, that the participation in
the voting becomes as universal as
possible, the election should be di-
vided, wherever this will facilitate the
participation. Decision on division
and polling places should be made and
announced as soon as possible.

7. The Election board shall imme-
diately issue the summons to the vot-
ers. o

In the summons the voters are re-
quested to participate in the popular
vote [referendum] decided upon by
the Storting, July 28, 1905, in order
to show by their vote whether they
agree or do not agree in the existing
dissolution of the Union.

Directions shall next be given with
regard to the polling place or places,
where the vote is to be cast, the time
of the opening of the poll and the
hour of its finish.

It should be mentioned in the sum-

THE SEPARATION OF NORWAY FROM SWEDEN, 1905

denne gjælder alle stemmeberettigede,
som ved stortingsvalget i 1903 var
indfgrt i mandtallet for valgsognet,
selv om de i mellemtiden har fraflyt-
tet dette,— men at den omvendt ikke
gjelder stemmeberettigede, som 1
dette tidsrum har tilflyttet valgsognet,
idet disse maa udgve sin stemmeret 1
det. valgsogn, 1 hvis mandtal de stod
ved valget i 1903.

I de tilfzelde, hvor der skal kunne
stemmes paa flere steder i valgsognet,
skal indkaldelsen desuden gjgre rede
for, hvem der kan stemme paa de
forskjellige steder. Ogsaa forsaavidt
er det stortingsbeslutningens forud-
setning, at det skal komme an paa,
hvor de stemmeberettigede var bosatte
ved sidste stortingsvalg, ikke paa deres
nuverende bopel, og indkaldelsen
bgr udtrykkelig gjgre opmerksom her-
paa.

8. Den ved stortingsvalget an-
vendte valgbog bliver ogsaa at benytte
ved folkeafstemningen. Ved stem-
memgdets begyndelse skal formanden
for styret (det sedvanlige eller særs-
kilte) give tydelig tilkjende, at mgdet
er sat, og derefter oplæse grundlovens
$8 50-53 samt stortingets beslutning
af 29de juli sidsleden om folkeafstem-
ning.

Stemmegivningen finder derpaa
sted, ganske 1 overenstemmelse med
mandtalslovens regler, alene med den
afvigelse, at stemmesedlerne kun skal
lyde paa enten ordet “ Ja ” eller ordet
“Nei” (trykt eller skrevet). Spe-
cielt bemerkes, at stemmesedlen ikke

1065

mons that this refers to all voters, en-
tered in the election record of the dis-
trict at the election of the Storting of
1903, even if they have moved from
the district in the meantime; but that
it does not on the other hand refer to
voters who have moved into the dis-
trict during this time, these persons
having to exercise their right of fran-
chise in the election district, in whose
record they were entered at the elec-
tion of 1903.

In those cases, where the vote is to
be polled in different places in the
district, the summons shall in addi-
tion, announce who shall cast their
vote at the various places. The as-
sumption of the Resolution of the
Storting is also in this respect, that it
depends on where the voters were re-
siding at the last election of the Stort-
ing, and not where they are living at
present, and the summons should ex-
pressly call attention to this.

8. The record employed at the elec-
tion of the Storting shall be used also
at the referendum. The chairman of
the Board (usual or special) shall at
the beginning of the election plainly
announce that the meeting is opened,
and he shall then read articles 50-53
of the Constitution, together with the
Resolution of the Storting of July 29,
concerning the referendum.

The vote is then cast in exact ac-
cordance with the rules of the Regis-
tration law, except that the ballot con-
tains only the word “ Yes,” or the
word “No” (printed or in writing).
Special attention is called to the fact
that the ballot must not be signed.

1066

maa underskrives. Forgvrigt finder
$$ 17-20 i mandtalsloven tilsvarende
anvendelse, ligesaa $ 22, hvorved
merkes, at stemmeseddel, som inde-
holder andet end ordet “Ja” eller
ordet “‘ Nei,” skal forkastes.

9. Forsaavidt ikke de fra departe-
mentet afsendte konvolutter med of-
fentligt stempel kommer stemmemg-
dets styre ihænde tidsnok til at benyt-
tes ved afstemningen, vil styret have
at træffe forfgining til selv at an-
skaffe konvolutter i tilstrekkeligt an-
tal. Hvor det paa nogen maade er
gjgrligt at drage omsorg herfor, bgr
konvolutterne vare aldeles ens i stgr-
relse, form og farve, ligesom de un-
der enhver omstendighed maa vere
ugjennemsigtige.

De ved afstemningen tiloversblevne
stemplede konvolutter bliver ikke at
tilbagesende til departemenetet.

10. Med hensyn til fravarendes
indsendelse af stemmeseddel med for-
faldsanmeldelse gjælder forskrifterne
i mandtalslovens $ 23, jfr. tillegsltov
af lOde mars 1903, se ogsaa lovens
S 26. Paa grund af de extraordi-
nere forhold har departementet med
hjemmel af stortingsbeslutningens III,
post 11 bestennt, at forfaldsanmel-
delse i de samme former ogsaa skal
kunne indsendes af personer, som
midlertidigt opholder sig i udlandet.

Stemmeberettiget, som ved sidste
stortingsvalg stod indfgrt i mandtallet
for et valgsogn, som han senere er
fraflyttet, skal som oven anfgrt lige-
fuldt afgive stemme i nævnte valg-

DOCUMENTS

Otherwise articles 17-20 of the Reg-
istration law are followed, and also
article 22, whereby it is to be ob-
served, that a ballot containing any-
thing but the word “Yes” or the
word “ No ” shall be rejected.

9. In case the envelopes carrying
the official seal, which have been for-
warded by the Department, do not
reach the Board early enough to be
used at the voting, the Board will have
to procure a sufficient number of en-
velopes. Where it is at all possible
the envelopes should be entirely alike
as to size, shape and color, and they
must under no circumstance be trans-
parent.

The sealed envelopes not used at the
voting, need not be returned to the
Department.

10. With regard to ballots for-
warded by absent voters, accompanied
by statement of legal excuse, the rules
of the Registration law, article 23, are
to be applied. (Cf. supplementary
law of March 10, 1903, also article
26 of the law.) The Department
has on account of the extraordinary
circumstances, with the sanction of
the Resolution of the Storting III, ar-
ticle 11, decided that statements of
legal excuse shall also be accepted
from persons who are temporarily
sojourning abroad.

A qualified voter, who at the last
election of the Storting was registered
in a district from which he has moved
later, shall, as mentioned above, cast
his vote in said district; but he may

THE SEPARATION OF NORWAY FROM SWEDEN, 1905

sogn; men han har adgang til at gjgre
det uden personligt fremmgde, 1
hvilket tilfaelde de for forfald gjael-
dende forskrifter finder tilsvarende
anvendelse. Han vil altsaa i fglge-
brevet have at redegjgre for flytnin-
gen.

Endvidere vil man henlede opmerk-
somheden paa, at hvor der inden et
valgsogn paa landet er foregaaet flyr-
ning, saaledes at den .stemmeberet-
tigede er fraflyttet den egn i presteg-
jældet, ved hvis serskilte valgting
han i 1903 afgav stemme, of nu bor
i en anden egn i samme prestegjæld,
vil han ikke behgve at mgde personlig
paa stemmegivningsstedet for den egn,
som han er frafiyttet, og han vil da
altsaa kunne stemme med forfaldsan-
meldelse som navnt. Derimod vil
han under samme forudsetning i by
have at stemme personlig i den kreds,
hvor han tidligere har boet.

11. Med hensyn til bedgmmelsen af
forfald anser departementet det som
en selvíglge, at denne ved nærvænde
leilighed maa foregaa paa lempelig
maade, saavel paa grund af aarstiden,
som fordi de stemmeberettigede kun
faar meget kort varsel til folkeafstem-
ningen. Derimod maa man selvfgl-
gelig paase strengt overholdt de regler
i mantalsloven, som tilsigter at be-
trygge valgets renhed.

12. Reglerne i mandtalslovens $$
27-32 samt $$ 36 og 37 finder tils-
varende anvendelse ved folkeafstem-
ningen. Kan stemmegivningen ikke

1067

do this without personal appearance
at the polls, in which case the rules
covering valid excuse will apply corre-
spondingly. That is to say he will
have to explain his removal.

Attention is further called to the
fact, that in case of change of resi-
dence inside of the election district in
the county, when a qualified voter has
moved from the section of the parish
at whose separate precinct he cast his
vote in 1903, and at present lives in
another part of the same parish, said
person need not appear personally at
the polling place of the section he has
left. He may in other words, for-
ward his ballot as mentioned above.

11. If, however, he resides in a
city, he shall under the same supposi-
tion cast his vote personally in the
precinct where he lived before. With
regard to legal excuse the Department
regards it as self-evident that on this
occasion the interpretation of the law
will be lenient; this is owing both to
the character of the season and to the
very short notice given of the popular
vote [referendum]. On the other
hand it goes without saying that rules
tending to secure the honesty of an
election must be strictly observed.

12. The rules laid down in articles
27-32, 36 and 37 of the registration
law will find corresponding applica-
tion at the referendum. If the voting

1068

tilendebringes den 13de august, fort-
-sættes dan næste dag til det klokkes-
let, som valgstyret bestemmer, og
finder isaafald reglerne i mandtals-
lovens $ 39 om ret til arbeidshvile an-
vendelse.

Naar stemme optællingen for valg-
sognet.er tilendebragt, vil stemmemg-
dets styre have at indfgre i mgdets bog
(valgbogen), hvormange stemmer der
er afgivet, som lyder paa “Ja” og
hvormange, som lyder paa “ Nei.”

Styrets formand skal derpaa uop-
holdelig paa hurtigste maade, om mu-
ligt ved telegraf, sende justisdepart-
mentet indberetning om afstemnin-
gens udfald. Han skal i indberet-
ningen ogsaa meddele antallet af de
stemmeberettigede, som staar i valg-
sognets mandtal, og hvis stemmeret
ikke er suspenderet; derhos skal han
meddele, hvormange sten mesedler af-
givne af mgdende eller fraverende
der er blevne forkastede af styret.

Endelig skal formanden snarest mu-
ligt efter mgdets afslutning indsende
til Justisdepartementet en bekræftet
afskrift af det, som blev bogfgrt paa
mgdet.

13. Der er ved stortingsbeslutnin-
gens III, post 11, givet regjeringen
bemyndigelse til at foreskrive lemp-
ninger i de opstillede regler, forsaa-
vidt det paa grund af særlige forhold
vilde vere forbundet med uforholds
maessige ulemper at fglge disse. Ved
regjeringens resolution er dette de-
partement bemyndiget til paa regje-
ringens vegne at traeffe disse afgjgr-
elser. Der vil derfor vare adgang
til, hovor særlige omstaendigheder

DOCUMENTS

can not be finished August 13, it is to
be continued the next day until the
hour set by the Election board, and in
that case the rules of article 39 cover-
ing the right of proper rest between
working hours are to be applied.

When the votes for the election dis-
trict have been counted the Election
board shall enter in the record of the
meeting (the election record) how
many votes ef “ Yes” and votes of
“No ” have been cast.

The chairman of the Board shall
immediately in the quickest manner,
if possible by wire, forward to the
Department of Justice an account of
the result of the vote. He shall also
in his report give the number of quali-
fied voters as shown by the record,
and whose right of citizenship has not
been lost. He shall further state how
many votes cast by persons present or
absent were rejected.

The chairman shall finally, as soon
as possible after the meeting, forward
to the Department of Justice a sworn
copy of the record of the meeting.

13. In the Resolution of the Stort-
ing III, article 11, the Government
has been authorized to prescribe modi-
fications of the rules in so far as, on
account of special conditions, their
observance would involve unusual in-
conveniences. This Department is,
by resolution of the Government au-
thorized to make such decisions on its
behalf. Where special conditions
seem to demand it, it will then be pos-
sible to make application to this De-

THE SEPARATION OF NORWAY FROM SWEDEN, 1905

maatte gjgre det paakrævet, ved an-
dragende til dette departement —
somi forngdent fald kan sendes tele-
grafisk — at sgge udvirket lempninger
i de ellers gjældende regler. Af saa-
danne lempninger er af stortings-
komiteen antydet at benytte et par
morgentimer fgr gudstjenesten til
stemmegivningen.

14. De særlige udgifter, som af-
stemningens iverksættelse maatte
paadrage, vil blive godtgjorte af stats-
kassen efter regning til nærværende
departement. Man forudsatter, at
der af alle vedkommende vil blive vist
al gnskelig omhu for at begrænse ud-
gifterne til, hvad der er rimeligt.

Kristiania den 29de juli 1905.

E. HAGERUP BULL,
G. HALLAGER.

1069

partment — if necessary by wire —
in order to secure modifications of the
existing rules. An instance of this
kind has been suggested by the com-
mittee of the Storting, viz. to use a
couple of hours in the morning, before
church service, for the casting of the
vote.

14. Special expenses, caused by the
carrying out of the referendum will
be borne by the Treasury according to
bill rendered to this Department. It
is taken for granted that all concerned
will take care to restrict the expenses
in a reasonable degree.

Kristiania, July 29, 1905.
E. HAGERUP BULL,
G. HALLAGER.

Circular of the Department of Ecclesiastical Affairs to the Clergy. July 29,
1905 !

I anledning af den folkeafstemning.
som er bestemt at skulle finde sted
over det hele land séndag den 13de
august d.s.kl. 1 eftermiddag, skal man
anmode Dem om at indrette gudstjen-
esten den dag saaledes, at den kan
være afsluttet i betimelig tid fgr
nævnte klokkeslet, og derfor bl.a. saa-
vidt muligt sgge undgaaet, at minis-
terielle forretninger berammes til den
dag. Lader dette sig ikke helt gjgre,
hgr de ialfald i forngden udstrekning
henlaegges til en senere tid paa dagen.

Hvor hovedkirken benyttes som

1 Unionens Oplesning, p. 326.

In connection with the referendum
which is ordered to take place in the
entire country Sunday August 13, at
] P. M., you are requested to so ar-
range the service that day, that it will
be finished in good time before that
hour and consequently to avoid, as
far as possible, appointment of min-
isterial business for that day. If this
can not be entirely observed such busi-
ness should in sufficient degree be
postponed until later in the day.

Where the main church is used as

1070

afstemningslokale, bgr gudstjeneste
forrettes i den. Hvis ellers den kirke,
hvor gudstjeneste skulde holdes, er
saaledes beliggende i forhold til nær-
meste afstemningslokale, at det kan
forudsees, at gudstJenestem vil hindre
deltagelsen i afstemningen, anmodes
De om istedetfor forretningen i kirken
at afholde en kort gudstJeneste i afs-
temningslokalet eller, hvor der er flere
saadanne, i et af disse. Uopsættelige
ministerielle forretninger faar da
ogsaa i dette tilfælde udfgres 1 kirken
paa en senere tid af dagen. |
Kristiania den 29de juli 1905.
CHRISTIAN KNUDSEN,
Hans GRUNDT.

DOCUMENTS

polling place, the service should be
held there. If, however, the church
in which service was to be performed,
is so located with reference to the
nearest polling place, that the service
is likely to interfere with participation
in the referendum, you are requested
to have a short service at the polling
place, or one of them — if there are
several — instead of the church serv-
ice. Unavoidable ministerial busi-
ness will then also in this case have to
be attended to in the church at a later
hour of the day.
Kristiania, July 29, 1905.
CHRISTIAN KNUDSEN,
Hans GRUNDT.

Report of the Norwegian Department of Justice Regarding the Plebiscite
‘Held August 13/21, 1905 !

Med hensyn til afstemningens
iverksættelse bemerkes, at nærvae-
rende departement allerede samme
aften, som propositionen var bifaldt
af stortinget og dettes beslutning
herom tilfglgetaget, telegrafisk gjorde
de udenbys amtmend bekjendt med
beslutningen. Samtidig bad man
forelgbig underretning derom snarest

— i forngdent fald pr. telegraf eller

telefon — meddelt samtlige mandtals-
igrere i vedkommende amt med an-
modning om uopholdelig at bringe det
til almindelig kundskab paa virksomste
maade, navnlig ved læsning fra kirke-
bakken, om muligt allerede fgrstkom-

1 Unionens Oplesning, pp. 304, 310.

With regard to the carrying out of
the balloting it may be remarked, that
this Department notified the out-of-
town county magistrates by telegraph
of the resolution of the 7th the same
evening that the: proposition was ap-
proved by the Storting and its resolu-
tion concerning it passed. At the
same time we requested that all of the
chiefs of the census in the county in
question should be immediately noti-
fied — if necessary by telegraph or by
telephone — and be requested imme-
diately to make the matter publiclv
known in the most effective manner,
namely, by proclamation from the

THE SEPARATION OF NORWAY FROM SWEDEN, 1905

mende sgndag (30te juli). Man
gjurde i denne forelgbige meddelelse
opmerksom paa, at afstemningen
skulde foregaa efter det til stortings-
valget i 1903 ictandbragte mandtal.

Den fglgende dag — den 29de juli
— udfærdigede departementet til
samtlige mandtalsfgrere og valgstyrer
en rundskrivelse, hvori man nærmere
redegjorde for indholdet af stortingets
beslutning angaaende folkeafstemn-
ingen og gav forngden veiledning med
hensyn til fremgangsmaaden ved
denne m.v. Man vedlagde rundskri-
velsen aftryk af stortingetsbeslutnin-
gen til opslag og omdeling omkring 1
distriktet, samt — til opslag i og ved
valglokalerne — plakater indeholdende
forklaring om, hvorledes stemmesed-
delen skulde lyde (enten ordet “ ja”
eller ordet “nei”). I rundskrivelsen
bad man specielt paaseet strengt over-
holdt de regler i mandtalsloven, som
tilsigter at betrygge valgets renhed.

Ved den afholdte folkeafstemning
har der veret afgivet stemme af 371,
911 stemmeberettigede borgere, nem-
lig af 281,468 i landdistrikterne og af
90,443 i byerne. Af de afgivne stem-
mer blev forkastet 3,519 (henholdsvis
1,612 og 1,907), medens 368,392,
nemlig 279,856 i landdistrikterne og
88,536 i kjgbstederne, blev god-
kjendt. Af de sidste Idd 368,208 paa
ja, 184 paa nei.

1071

church steps, if possible, upon the first
Sunday (July 30). In this tempo-
rary notification attention was called
to the fact that the balloting was to
take place according to the census lists
compiled for the election of the Stort-
ing in 1903. ...

The following day — 29th July —
the department prepared a circular to
all the chiefs of the census and elec-
tion boards, in which further informa-
tion was given concerning the content
of the Storting resolution concerning
the plebiscite and in which necessary
guidance in regard to the manner of
procedure, etc., was given, to which
circular was appended a copy of the
resolution of the Storting to be posted
and distributed throughout the dis-
trict, as well as public placards, to be
posted in and nearby the election halls,
containing explanations regarding the
wording of the ballots (either the
word “ yes” or the word “no”). In
the circular was contained a request
to pay specially strict attention to the
carrying out of those regulations of
the census law which aimed at the
safeguarding of the purity of the
election. |

At the plébiscite which was taken,
371,911 citizens having the right to
vote cast their votes, 281,468 in the
country districts and 90,443 in the
city. Of the votes cast, 3519 were
rejected (1612 and 1907 respective-
ly), whereas 368,392, of which 279,-
856 in the country districts and 88,536
in the cities, were cast. Of this 368,-
208 read “ yes” and 184 read “ no.”

1072

Fordelt paa landdistrikterne og
kjgbstzderne stiller disse tal sig saa-
ledes, at der blev afgivet

1 kjgstæderne 88,473 pa-stemmer,
mer, 121 nei-stemmer,

i kjgbstæderne 88,473 ja-stemmer,
63 nei-stemmer.

Idet man forgvrigt henviser til med-
fglgende tabeller 1-3, skal man til
sammenligning anfgre, at medens de
ved folkeafstemningen den 13de au-
gust 1905 afgivne stemmer udgjgr
85, 4 pct. af de stemmeberettigede,
var det tilsvarende tal ved stortings-
valget i 1903 alene 55,5 pct. Det skal
tilfoies, det samtlige opgaver over
antalt of stemmeberettigede, saavel
i 1905 som i 1903, gjelder de ef-
fektive stemmeberettigede, idet alle de,
hvis stemmeret .var suspendert, er
trukket fra.

I henhold til det anfgrte tillader

man sig at indstille:
. At .en gjenpart af næværende
foredrag om den den 13de august
1905 afholdte folkeafstemning m.v.
bliver at tilstille stortinget.*

DOCUMENTS

Divided among the country districts
and the cities, these numbers show
that

In the country districts there were
cast 279,735 votes in the affirmative,
121 in the negative.

In the cities there were cast 88,473
affirmative votes; 63 negative votes.

While referring for the rest to the
accompanying tables 1 to 3, we re-
mark for the sake of comparison, that
while the votes cast at the plebiscite
on August 13, 1905, constitute 85.4
per cent of those entitled to vote, the
corresponding number at the election
of the Storting in 1903 was only 55.5
per cent. It should be added that all
the lists of the number of those en-
titled to vote in 1905, as well as 1903,
include only the active voters, since
those whose right to vote had been
suspended had been subtracted.

With respect to the above we beg to
propose:

That a copy of the above report
concerning the plebescite taken on Au-
gust 13, 1905, be laid before the
Storting.

1 The further official totals as given in Table 3, p. 322, are:

Vumber
voting

371,911

Vumber entitlea
to vote

435,376

Per cent Rejected Accepted
3,519 368,392

INDEX

INDEX *

[In connection with the general references in this Index to documents, consult the Table
of Contents of the corresponding pages for description and complete lists under the countries.]

Aali Pacha (Turkey), 12, 105, 106.

Abercromby, British representative at Turín,
61», 62.

Adrianople, Treaty of (Russia and Turkey,
September 14, 1829), 102.

Aix-la-Chapelle, Treaty of (1748), 43.

Aldunate, Señor (Chile), 157, 162.

Alfred, Prince of England, 128.

Alsace-Lorraine, 1, 21, 24n, 31, 56.

Alvarez, Alejandro (Chile), 26.

American Civil War, 150.

American Peace Commission (1898), 25»,

American Revolution, 4

Amiens, Treaty of (1802), 122.

Ancon, Treaty of (Chile and Peru, October
20, 1883), 2, 20, 26, 157, 158, 160, 161, 162,
text, 992.

Anselme General (France), 43, 44.

Antonelli, Cardinal, 95.

Apenrade Resolution, 147.

Arbitration (Tacna-Arica dispute), 157, 159,
161, 163.

Arequipa, Bishop of, 164.

Arica. See Tacna-Arica Question.

Arnim, von (Prussia), 11, 135, 136, 142.

Arthur, President of the United States, 157.

Audinet, Eugène, 22.

Augustenburg, Duke of, 138, 141, 142.

Austria, 11, 12, 15, 17, 32; and Belgian Com-
munes, 45 et seq.; and France, 7, 45, 79;
and Ionian Islands, 123, 128-9, 131; and
Italian duchies (1848), 58 et seq.; and
Italian duchies (1859), 65 et seq.; and
Italian duchies (1860-70), 72 et seq.; and
Italy, 97; and Lombardy, 13, 58 et seq.;
64; and Moldavia and Wallachia, 18, 101
et seq.; and Parma, 64; and Piacenza, 64;
and Schleswig-Holstein, 1, 16, 19, 132 ef
seq., (mediation) 140; and Tuscany, 65 et
seg.; and Umbria and Marches, 95; and
Venetia, 63, 64, 96-7. See also Treaties.

Austrian Netherlands. See Belgian Com-
munes.

Avignon and Comtat Venaissin, 1, 6; under
dominion of Holy See, 33; an enclave in

midst of French departments, 34; people
enjoy privileges of French citzenship, 34;
France claims title to, 34, 35; Papal title
to, 34, 35-6; French revolution spreads to,
34; their union with France proposed by
neighboring French departments, 35; pro-
test of Comtat against union, 35; Avig-
non petitions union with France, 6, 35;
Constituent Assembly of France decides
against union without vote of the people,
36; civil war, 36; Avignon votes for union
with France, 36; French Assembly votes
against annexation, 36; French mediation
to end civil war, 37; peace (Preliminaries
of Orange), 37; plebiscite, 37-8; vote for
union with France presented to French
Assembly, 38; report of the Committee on
Avignon, 38; vote a matter of contro-
versy, 39; Pope relinquishes all rights in
favor of France (Treaty of Tolentino),
40. Documents, 173 et seg. See also
Treaties.

Balance of Power, 17, 20.

Balsche, Turkish regent over Moldavia, 110,
111.

Barnave (France), 35n.

Béclard, French consul at Bucharest, 109.

Belgian Communes (Brussels, Hainault, Na-
mur, Louvain, Malines, Tournai, Ypres,
Ghent, Liége, Mons, Charleroi, Grammont,
Brabant), 1, 8; French military invasion,
45; French victory of Jemappes (1792),
45; French proclamation asserting Belgian
sovereignty, 45; French machinations look-
ing toward annexation, 46-51; Belgian pe-
tition to French Convention, 46; French
commissioners to, 46, 47, 48; French de-
cree providing for provisional government
and elections, and prejudging union with
France, 46-7; Belgian protest against
French decree, 47; plans for Belgian Na-
tional Assembly, 47; Belgian national com-
missioners, 48; elections ordered, 48, 50;
Brussels vote for reestablishment of the

* Prepared by Miss Alice M. Ball of the Division of International Law of the Carnegie Endowment

for International Peace.

1076

government of 1790, 48; Liège and dis-
tricts vote for union with France, 49, 50;
annexation of Liége to France, 50; pri-
mary assemblies of Mons, Ghent and

. Brussels, 50; forced vote for union, 51;

| annexation to France, 51: annexation of
Ypres, Grammont, Brabant, et al, to

France, 51. Documents, 302 et seg.

Berlin, Congress of (1878), 2, 20, 30.

Bernadotte, House of, 166.

Bernstorff, Count von (Germany), 17.

Barlow, Joel (United States), 7.

Billinghurst, President of Peru, 164.

Billinghurst-Latorre protocol (Chile and
Peru, April 16, 1898), 161, 163, text, 1000.

Bingen (Rhine Valley), 52, 54, 55.

Biron (France), 45.

Bismarck, 1, 16, 19, 96, 139, 140, 141, 142,
143, 145, 146.

Blaine-Trescot Mission, 157.

Bluntschli, Johann Kaspar, 23.

Bohemia, 31.

Bolivia and the Tacna-Arica Question, 156 ef
seq. See also Treaties.

Bolléne, Commune of, 40n.

Boncompagni, Sardinian Commissioner in
Tuscany, 68, 69, 74,

Bonfils, Henri, 24.

Bouche (France), 36n.

Bourdois, French agent to Belgian Com-
munes, 46»,

Bourgeois, Léon, 24, 87.

Bourqueney, French plenipotentiary to the
Congress of Paris (1856), 12, 105, 106.

Brabant. See Belgian Communes.

Brunnow, Russian delegate to the Congress
of Paris (1856), 12, 105, to the London
Conference (1864), 17, 18, 143, 144.

Brussels. See Belgian Communes.

Bulwer, Sir Henry (Great Britain), 106, 115,
117.

Bunsen, Prussian Minister at London, 11,
136, 137.

Buol-Schauenstein,
106.

Burgundy, 3.

Count (Austria), 105,

Cabouat, Jules (France), 22.
Caderousse, Commune of, 39»,
Cadorna, General (Italy), 98, 99.
Calderon, President of Peru, 157, 158.
California, 22.

Calvo, Carlos, 26.

INDEX

Cambon (France), 8, 46, 55.
Campo-Formio, Treaty of (1797), 122.

Camus, French Commissioner to Belgian

Communes, 47, 48.

Carlo Alberto, King of Sardinia, 58, 59, 60,
62, 63.

Carstensen, Chamberlain (Denmark), 153,
154.

Cavaillon, ‘electoral assembly of, 39.

Cavour (Sardinia), 1, 12, 14, 15, 65, 66, 67,
73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, &7,
88, 89, 90, 91, 94, 96.

Cazales (France), 36n.

Cecil, Lord Robert (Great Britain), 118.

Cephalonia. See lonian Islands.

Cerigo. See Ionian Islands.

Charlemagne, 7, 41.

Charleroi. See Belgian Communes.

Charles V, King of Spain, 3.

Charles Louis of Hohenzollern Sigmaringen,
King of Rumania, 121, 122.

Chaussard, French Commissioner to Brus-
sels, 48%, 50.

Chépy, French agent to Belgian Communes,
46n

Chile, 2, 26; and Tacna-Arica Question, 156
et seq.; reservation to Hague Convention
for pacific settlement of international dis-
putes, 164n. See also Treaties.

Christian VIII, King of Denmark, 133.

Christian IX, King of Denmark, 139, 142.

Clarendon, Earl of (Great Britain), 12, 105,
109, 110, 142.

Clausen, delegate from Schleswig-Holstein to
Danish government, 134.

Clement VI (Pope), 34.

Clermont-Tonnerre (France), 36.

Comtat Venaissin. See Avignon and Com-
tat Venaissin.

Confederate States of America, 29%.

Conferences and Congresses: Berlin (1878),
2, 20, 30; Hague (1907), 164; London
(1852), 138; London (1864), 1, 16-7, 33,
142 et seq., text of protocols, 886; Pan
American Conferences, 164; Paris (1856),
1, 12, 105 et seq., 119, 121, text of protocols,
732: Paris (1858), 118; Vienna (1814-5),
2, 9, 17, 20, 30; Vienna (1854), 103-4, text
of memorandum, 726.

Corbett, British representative at Florence,
68, 69.

Corfu. See Ionian Islands.

Couvrai, Louvet de (France), 41.

INDEX

Couza, Prince Alexander (Moldavia and
Wallachia), 18, 119, 120, 121.

Cowley, Lord (Great Britain), 12, 18, 80,
105», 118, 121.

Crete, 20.

Crimean War, 11, 101, 103.

Crispi, Francisco, agent of Mazzini (Young
Italy), 89, 91.

Custine, General (France), 7, 52, 53.

Danish West India Company, 150».

Danton (France), 41, 47, 48, 49.

‘ Danubian Principalities (see also Moldavia
and Wallachia; European Commission for
Danubian Provinces), 11, 12, 18, 19.

Dauphiny, 42»,

Decazes, Duke (France), 23m.

Delacroix, French Commissioner to Belgian
Communes, 47, 48.

Delafield, General (United States), 150n.

Denmark, 9n, 11, 16, 17, 18, 19, 20, 25; and
Schleswig-Holstein, 132 et seq., (media-
tion) 140, 151; and St. Thomas, St. John
and St. Croix, 149 et seg.; new constitu-
tion, 155n. See also Treaties.

Depretis, Pro-dictator of Sicily, 90, 91.

Despagnet, F. C. R. (France), 24.

Desportes, French Minister at Geneva, 56,
57.

Djemil Bey (Turkey), 105%.

Douai (Merlin de), French Commissioner to
Belgian Communes and Rhine Valley, 48,
49n, 53, 54.

Dumouriez, General (France), 7, 45, 46, 47,
48, 49.

Duport, French Minister of Justice, 40.

Elliot, British Minister at Naples, 92.

Emilia (see also Modena, Parma, Romagna),
1, 14; States comprising, 72, 73; plan for
plebiscite to determine political status,
72-4: elections called, 74; method of vot-
ing, 74; union with Sardinia voted, 75;
union with Sardinia decreed, 75. Docu-
ments, 499 et seq.

Ems dispatch, 21.

Engadine, Swiss, 4»,

England. See Great Britain.

Erasmus, 3.

Eugene, Prince of Savoy, 72.

European Commission for Danubian Prov-
inces, 12, 106, 107, 109, 113, 115, 116, 117.

Farini (Italy), 74, 75.
Fiore, Pasquale (Italy), 24, 26.

1077

Flanders, Count of, 121.

Florida, 22.

Forster, French Commissioner to Rhine Val-
ley, 53, 55.

France, 2, 5, 6, 7, 9, 10, 13, 15, 17, 18, 20, 21,
23, 24, 25, 28; and Belgian Communes, 45
et seq.; and Comtat Venaissin, 33 et seq.;
and Crimean War, 103; and Danish West
Indies, 150; and Geneva, 56-7; and Ionian
Islands, 122, 127; and Italy, 96; and
Moldavia and Wallachia, 101 et seg.; and
Mülhausen, 55-6; and Nice, 43 et seq., 75 et
seg.; and Rhine Valley, 51 et seg.; and
Rome, 98 et seg.; and St. Bartholomew,
1556; and Sardinia, 72; and Savoy, 41 et
seq., 75 et seq.; and Sicily and Naples, 90;
and Schleswig-Holstein, 135-49 passim,
(mediation) 140; and Umbria and the
Marches, 95; and Venetia, 96. See also
Treaties.

Francis I, King of France, 3.

Francis II, King of the Two Sicilies, 96».

Francis Joseph, King of Austria, 13, 66, 96,
97.

Frankfort, Treaty of (France and Germany,
May 10, 1871), 21n, 30.

Frederick VII, King of Denmark, 133.

Frelinghuysen, F. T. (United States), 157.

French Revolution, 1, 2, 3, 4, 5, 6, 7, 9, 33-55
passim.

Frijs, Count (Denmark), 151, 152.

Fuad Pacha (Turkey), 118.

Fusinato, Guido (Italy), 27, 29, 30, 83.

Gastein Convention, 145.

Garibaldi (Italy), 15, 82, 89, 90, 92, 96, 98.

Geffcken, 23.

Geneva, enclave in midst of French Depart-
ments, 56; economic dependence upon
France, 56; French machinations looking
toward union, 56, 57; administrative and
legislative council, 57; special commission
to decide upon union with France, 57; un-
willing vote for union with France, 57;
treaty of union and annexation, 9, 57; op-
tion clause of treaty, 57. Documents, 359
et seq. See also Treaties.

Genoa, Duke of, 63.

George, Prince of Denmark and King of
Greece, 128.

Germanic Confederation, 1, 10, 11, 16, 17;
and Schleswig-Holstein, 132 et seq., (me-
diation of Powers) 140.

1078 INDEX

Germany (see also Germanic Confederation;
Prussia; Treaties), 10, 13, 19, 20, 21, 31,
56; and Milhausen, 556; and Rhine Val-
ley, 55.

Ghent, 47. See also Belgian Communes.

Ghika, Prince Alexander (Turkish Regent
over Wallachia), 110, 111.

Gladstone, 67, 117, 118, 125, 126, 127, 130.

Gioberti (Italy), 65.

Goltz, von (Prussia), 140.

Gortchakoff, Russian Minister at Vienna, 11,
103, 104.

Gossouin, French Commissioner to Belgian
Communes, 48.

Graglia, Sardinian Commissioner of Educa-
tion, 85.

Grammont. See Belgian Communes.

Great Britain, 1, 12, 15, 17, 25, 32; and Cri-
mean War, 103; and Danish West Indies,
150; and Ionian Islands, 122 et seg.; and
Italian national assemblies, 67-74 passim,
and Italian plebiscites (1848), 60-5 passim,
and Italian plebiscites (1860-70), 72-96,
passim; and Italy, 96; and Moldavia and
Wallachia, 101 et seq.; and Napoleon III,
79; and Schleswig-Holstein, 135 et seq.,
(mediation) 140; and Sicily and Naples,
90, 94n; and Umbria and the Marches,
95-6. See also Treaties.

Greece, 1, 15, 16, 20; and Ionian Islands, 122
et seq.; war of independence, 123, 124;
Powers guarantors of kingdom, 127; ex-
pulsion of King Otto, 127; Prince George
of Denmark elected king, 128. See also
Treaties.

Grégoire, French Commissioner to Rhine
Valley, 53, 54; report on Savoy, 43.

Gregory X (Pope), 34.

Grillon, 40n,

Grivaz, 87.

Grotius, 4, 26.

Guastalla, Duchy of, 64.

Guéronnière, de la, 22.

Guienne (France), 2.

Hague Convention for pacific settlement of
international disputes (Article 39), 164»,

Hague Peace Conference of 1907, 164.

Hague Tribunal, 168.

Hainault, 46, 47. See also Belgian Com-
munes.

Hall, W. E., 25.

Hannibal, 42%,

Hanover, annexation to Prussia, 19.

Hatzfeld, Count von (Prussia), 118.

Haussmann, French Commissioner to Rhine
Valley, 53, 54; report of, 55.

Hawaiian Islands, 25%.

Hawley, Rev. Charles, U. S. confidential rep-
resentative in Danish West Indies, 153,
154.

Hayes, President of the United States, 157.

Heffter, A. W., 23.

Heimweh, Jean, 22, 87.

Henry II, King of France, 3.

Henry III, King of England, 2.

Hesse, annexation to Prussia, 19.

Holstein. See Schleswig and Holstein.

Holtzendorff, Fr. von, 23.

Holy Alliance, 10.

Holy See (see also Papal domination), 33,
40, 164; and Avignon and Comtat Venais-
sin, 33 et seq.

Hübner, Baron (Austria), 105»,

Huneesis-Valera Agreement (Peru and
Chile), 164.

Iglesias, General (Peru), 158.

Iglesias-Novoa protocol (Peru and Chile,
1883), 158, text, 991.

International law, 9n, 20, 156.

International law authorities on plebiscites,
22 et seq.

Ionian Islands (Corfu, Cephalonia, Ithaca,
Santa Maura, Zante, Cerigo, Paxo), 1, 15,
25; history prior to 1815, 122; recognized
as a republic by Treaty of Paris (1815),
123; British protectorate instituted, 122,
123; rise of party for union with Greece,
124; election reforms of British Lord High
Commissioner (1849), 124; protectorate
in disfavor, 124; Cephalonia uprising, 125;
British mission to islands (1859), 125;
Gladstone appointed as Lord High Com-
missioner, 126; Ionian Assembly declared
for union with Greece, 126; petition of Ion-
ian Assembly to the Queen, 126; Gladstone
resigns, 126; Queen refuses request for
union with Greece, 126; prorogation of
Ionian Assemblies, 127; expulsion of King
Otto of Greece, 127; election of Prince
George of Denmark as King of Greece,
128: Great Britain agrees to cede islands
to Greece, 128; new Ionian Assembly con-
voked to vote on union, 129; electoral qual-
ifications for new parliament, 129; electoral

INDEX 1079

procedure, 130; opening of parliament, 130;
parliament votes for union with Greece,
131; Assembly prorogued, 131; Powers
formally assent to cession of islands to
Greece, 131, 132; neutralization of islands,
131; razing of fortress of Corfu, 131-2;
termination of British protectorate, 132;
and Venetian Republic, 122. Documents,
838 et seq.

Ireland, 31.

Italian National Assemblies (1859), 65 et seg.
See Lombardy, Modena, Parma, Piacenza,
Romagna, Tuscany.

Italian Plebiscites (1848), 58 ef seg. See
Emilia, Lombardy, Marches, Modena,
Naples, Parma, Piacenza, Reggio, Rome,
Sicily, Tuscany, Umbria, Venetia.

Italian Plebiscites (1860-70), 72 et seq.
See Emilia, Marches, Naples, Nice, Rome,
Savoy, Sicily, Umbria, Venetia.

Italy (see also Sardinia; Treaties), 1, 10, 12,
13, 14, 15, 19, 20, 26, 31, 32; founding of
kingdom, 58, first parliamentary elections,
81, Italian Chamber, 83, 88, 91, 95; Victor
Emanuel voted king, 95; kingdom recog-
nized by France, Great Britain et al., 96;
and Austria 97; and Rome, 98 et seq.; and
Schleswig-Holstein, 96; and Venetia, 96-7.

Italy, League of Central, 72. See also Emi-
lia. |

Ithaca. See Ionian Islands.

Japan and Hawaiian Islands, 25n.

Jeanne, Queen of Naples, 34.

Jemappes, French victory of, 45.

Jiménez-Vial Solar negotiations (Tacna-
Arica Question), 158, 159, text of protocol,
995.

Jiménez-Vial Solar protocol (Chile and
Peru, 1894), 159, text, 995.

Jutland, South, 147.

Kastel (Rhine Valley), 52»,

Kiel, Treaty of (Denmark and Sweden, Jan-
uary 14, 1814), 9», 165n.

Kissilef, Count (Russia), 118,

Klein Winternheim (Rhine Valley), 52».

Lacascade, French Deputy, 156.
Lackawanna, U. S. S., 157.

La Farina (Italy), 62, 65, 73.

Laity, Senator, French agent in Savoy, 85.

Lameth, Charles de (France), 36n.

Landau (Rhine Valley), 52, 54.

Lapps, Nomadic Swedish, 167.

Lasource (France), 8, 44.

Latorre-Billinghurst Protocol (Chile and
Peru, April 16, 1898), 161, 163, text, 1000.

La Tour-Maubourg (France), 36.

Lauenburg, Duchy of, 133.

Laurenti-Rabaudi (Italy), 83.

Lawrence, William Beach, 25.

League of Central Italy, 72. See also
Emilia.

Lebceuf, General (France), 97.

Le Brun, French Minister of War, 45», 46.

Légion allobroge (Savoy), 4.

Legitimacy, principle of, 10, 13, 17.

Lehman (Denmark), 134.

Le Scene des Maisons, French mediator at
Orange, 37, 38n, 40», |

Leucas (Santa Maura). See Ionian Islands.

Lhuys, Drouyn de (France), 16n, 140, 141,
144. |

Lieber, Francis (United States), 22, 25.

Liège, 49. See also Belgian Communes.

Logan, United States Minister to Chile, 157,
158.

Lombardy, 10, 13; uprising (1848), 58; pro-
visional government established, 58; war
on Austria, 58; political parties and their
aims, 58-9; plans for plebiscite, 59, 60%;
commission appointed, 59; election pro-
vided for, 60; method of voting, 60; union
with Sardinia voted, 61; vote declared il-
legal, 61; table of votes, 61m; proclamation
of vote, 63; union with Sardinia, 63; re-
turn to Austrian rule, 64; old union with
Sardinia proclaimed effective, 66; ceded to
Napoleon to be ceded in turn to Sardinia,
66. Documents, 370 et seq., 496 et seq.

London Conference (1852), 138; (1864), 1,
16-7, 33, 142 et seq., text of protocols, 886.

Lorraine, 1, 21, 24n, 31.

Louis IX, King of France, 2.

Louis XIV, King of France, 7, 34.

Louis XVI, King of France, 45, 47.

Louisiana, 22.

Louvain, 47. See also Belgian Communes.

Lubonis, Provisional Governor of Nice, 82,
83, 84.

Madrid, Treaty of, 3.

Malaussena, Syndic of Nice, 82.

Malines, 47. See also Belgian Communes.

1080
Mamiani, Member Sardinian Chamber, 27,
82

Mancini, 27.

Manin, President of the Republic of Venice,
63, 65.

Manteuffel, Prussian Minister for Foreign
Affairs, 1059.

Marches, The, 1, 14; liberated from Papal
domination by Sardinia (Piedmont), 94;
plebiscite proclaimed regarding union with
Sardinia, 94; union voted, 94; incorporated
into Sardinian kingdom, 95; sanction of
Italian peoples desired by Great Britain,
95; union sanctioned by election of Victor
Emanuel as King of Italy, 95-6. Docu-
ments, 655 et seq.

Maury, Abbé, 34n, 38n.

Mayence, 8, 41, 52, 53, 54.

Mazzini, Leader of Young Italy, 58, 61, 89,
98.

Mediation: in North Schleswig, 11, 140: in
Avignon, 37. ,

Menou, report on Avignon, 39»,

Merlin de Douai, French Commissioner to
Belgian Communes and Rhine Valley, 48,
49n, 53, 54.

Metman, French agent in Belgian Com-
munes, 46n.

Metternich (Austria), 9, 18.

Metz, annexation to France, 3.

Metzger, Jean-Ulric, French Commissioner
to Mulhausen, 56.

Meunier, de (France), 36n.

Mirabeau (France), 35».

Modena (see also Emilia), 10; provisional
government established, 58: vote for union
with Sardinia, 64; method of voting, 64;
conditions of union, 64; return to Austrian
rule, 64; invited by Sardinia to join war
of liberation, 65; revolution and deposition
of duke, 66; provisional government rees-
tablished, 66; old union with Sardinia pro-
claimed effective, 66; duke restored to
throne by peace of Villafranca, 66; convo-
cation of national assemblies, 68; plebis-
cite for union with Sardinia, 68; dethrone-
ment of duke, 71; request for union with
Sardinia, 71, union deferred, 72; united
with Romagna and Parma under name of
Emilia; 72, 73. Documents, 424 et seq., 464
et seq.

Modenheim (commune of Mülhausen), 55.

Moldavia and Wallachia, 12, 18; separate

INDEX

existence, 101; Turkish suzerainty, 102;
Russian protectorate, 102; joint adminis-
tration under Organic Act (1834), 102;
abolition of Russian protectorate, 103;
guarantee of Great Powers, 103; organiza-
tion and union of principalities considered
by Great Powers (1855), 104; and Con-
gress of Paris (1856), 105; Organic Act
to be revised by European Commission,
105; wishes of principalities to be consid-
ered, 106; instructions to European Com-
mission, 106; members of European Com-
mission, 106-7; firman convoking divans,
106-7; election procedure for divans, 108;
electoral campaign, 110; unionists active,
110; Turkey to insure a free vote, 110;
Turkish and Austrian machinations in
Moldavia to prevent union, 110-2; perse-
cution of unionists, 111-2; Great Powers
divided on question of union, 113, 115; elec-
tions in Moldavia, 114; unfair vote against
union, 114; elections annulled, 115; second
election, 115; elections in Wallachia, 115;
victory for union complete, 115; opening
of divans, 115; Turkey maintains decision
against union, 116; sessions of European
Commission at Bucharest, 117, legality of
second election in Moldavia contended by
Austria and Turkey, 117; divans dissolved
by the Porte, 117; report of European
Commission to Great Powers, 117; con-
ference for reorganization of principalities
(May 22, 1858), 118; Convention of Au-
gust 19, 1858, 118; unanimous election of
Couza as hospodar for each principality,
119, 120; common assembly and ministry,
120: abdication of Couza, 120; Rumanians
for union and a foreign prince, 121; new
plebiscite and election of Count of Flanders
as joint ruler, 121; refusal of Count of
Flanders to rule, 121; election of Prince
Charles of Hohenzollern Sigmaringen as
joint ruler, 121; union accepted by Great
Powers, 122; Charles invested as prince of
united principalities, 122; diplomatic recog-
nition of principalities as state of Rumania,
122; coronation of Charles as king, 122.
Documents, 726 et seq.

Monaco, 8, 51.

Monroe Doctrine, 22.

Mons. See Belgian Communes.

Montesquiou, General (France), 41, 42, 43,
44, 45.

INDEX

Montluc, L. A. de, 22.

Montmorin, Count de (France), 5n.

Mordini, Pro-dictator of Sicily, 91, 92.

Mülhausen, self-governing state, 55; com-
munes (Yizach and Modenheim), 55;

government, 55; military alliances, 55; eco- ,

nomic dependence upon France, 55; desired
union with France, 55; vote for union, 56;
treaty of union, 56; annexation to France,
9, 56; annexation to Germany, 56. Docu-
ments, 359 ef seq.

Mülhausen, Treaty of (France and Mül-
hausen, January 28, 1798), 33, 56. See also
Treaties.

Mulot, Abbé, French mediator at Orange, 37.

Murat, Lucien, 65.

Nackenheim (Rhine Valley), 52n, 54.

Namur. See Belgian Communes.

Naples (see also Sicily), 1, 14; refusal of
Bourbons to grant constitution, 89; Gari-
baldi expedition into, 90; plans for union
with Sardinia, 90; Pallavicino pro-dictator,
91; plebiscite regarding union with Sar-
dinia, 91; union with Sardinia voted, 93;
annexation to Sardinia, 93; political un-
rest, 94. Documents, 620 et seq.

Napoleon, 1, 9, 12, 13, 14, 15, 16, 19, 122.

Napoleon III, 21, 65, 66, 67, 71-81 passim,
85, 87, 88, 96, 97, 98, 103, 104, 115, 117, 118,
120, 140, 141, 147.

Nassau, Princes of, 51.

National self-determination, arguments for
and against, 20 et seq., 27.

Netherlands, Austrian, 7, 45. See also Bel-
gian Communes.

Neutralization: of Ionian Islands, 131; of
Savoy, 76, 80.

Nice, 1, 7, 8, 14, 15, 22, 29, 32; under sover-
eignty of Sardinia, 43; French military ex-
pedition into, 43; plebiscite regarding union
with France, 44; vote for union (1793),
44; annexation to France (1794), 45; re-
turned to Sardinia (1815), 65; ceded to
France by Treaty of Turin upon condition
of plebiscite, 75, 79; previous history, 76;
voted deputies to Italian Parliament, 81;
plebiscite decreed, 82; method of voting,
82; annexation to France voted, 83; Italian
opposition to annexation, 86-8; ratifica-
tion of Treaty of Turin, 87. Documents,
269 et seq., 538 et seq.

Nieder-Olm (Rhine Valley), 52».

1081

Nomadic Swedish Lapps, 167.

Norway (see also Norway and Sweden) : and
Schleswig-Holstein, 140; ceded to Sweden
by Treaty of Kiel (1814), 9n; separation
from Sweden (1905), 165 et seq.

Norway and Sweden, Act of Union (August
6, 1815), 165; Norway demands separate
consular service (1892), 165; joint com-
mittees consider solution of the problem,
165; obstinate stand of Swedish govern-
ment, 165; Norwegian Storting passes law
providing for separate consular service,
166; king refuses to sanction law, 166;
Norwegian Storting votes for dissolution
of union, 166; protest of Sweden, 166;
Swedish Riksdag considers dissolution of
union, 167; Riksdag demands a plebiscite
regarding dissolution of union, 167; Stort-
ing passes regulations for the plebiscite,
167; Norway votes for dissolution of un-
ion, 168; Storting asks Swedish coopera-
tion in dissolution of union, 168; conditions
of dissolution, 168; Riksdag resolution an-
nulling Act of Union, 169; union formally
dissolved, 169. Documents, 1051, et seq.

Novoa (Peru), 162.

Novoa-Iglesias protocol (Peru and Chile,
1883), 158, text, 991.

Oliphant, Lawrence, 15, 88.

Olshausen, delegate from Schleswig-Hol-
stein to the Danish government, 134.

Oppenheim, Lawrence, 25.

Option clauses: treaty giving Alsace-Lor-
raine to Germany, 21; treaty of union be-
tween Geneva and France, 57; treaty of
union between Miilhausen and France, 56;
treaty ceding Schleswig-Holstein to Aus-
tria and Prussia, 145; treaty of Turin, 80.

Orange, Preliminaries of (Avignon and
France, June 14, 1791), 37, text, 212.

Organic Act regulating Moldavia and Wal-
lachia, 102, 104, 106, 107, 112.

Orloff, Count (Russia), 105».

Oscar II, King of Sweden, 166, 169.

Osten, Prokesch von (Austria), 113, 114.

Ott, M. A. 22.

Otto, King of Greece, 123, 127, 128.

Padelletti, Guido, 23.
Palatinate communes (Rhine Valley), 54.

Pallavicino, Pro-dictator of Naples, 65, 91,
92, 93.

1082

Palmer, Rear Admiral (United States), 153.

_Palmerston, Lord (Great Britain), 11, 13,
60n, 62n, 64n, 67, 136, 137, 138.

Pan American Conferences, 164,

Papal domination. See Avignon, Marches,
Emilia, Modena, Romagna, Rome, Tus-
cany, Umbria.

Paris Conference (1858), 118, 119, 121.

Paris Congress (1856), 1, 12, 105 et seg., text
of protocols, 732 et seg.

Paris, Treaty of (May 15, 1796), 43; (May
30, 1814), 43; (November 5, 1815), 15, 123,
125, 127, 129; (March 30, 1856), 12, 106,
109, 113, 115, 116, 118, text, 741.

Parma (see also Emilia), 10; provisional
government established, 58; vote for union
with Sardinia, 64; method of voting, 64;
conditions of union, 64; return to Aus-
trian rule, 64; invited by Sardinia to join
war of liberation, 65; bloodless revolution
and deposition of duke, 66; provisional
government established, 66; plebiscite for
union with Sardinia, 68; request for union
with Sardinia, 71; union deferred, 72;
united with Modena and Romagna under
name of Emilia, 72, 73. Documents, 410 et
seq., 489 et seq.

Paxo. See lonian Islands.

Peace Commission, American (1898), 25n.

Peace Conference of 1919, 148», 149n.

Peru, and Tacna-Arica Question, 2, 156 et
seg. See also Treaties.

Philip the Hardy, 34.

Phillipson, Coleman, 25.

Piacenza (see also Parma; Emilia), plebiscite
for union with Sardinia, 64; method of
voting, 64; conditions of union, 64; return
to Austrian rule, 64; convocation of na-
tional assembly, 68; plebiscite for union
with Sardinia, 68; union deferred, 72.
Documents, 410 et seg., 489 et seq.

Piedmont (Kingdom of Sardinia), 14n, 43,
58n. See also Sardinia.

Pierantoni (Italy), 27.

Pilo, Rosalino, agent of Mazzini
Italy), 89.

Piolenc, 40n.

Place, Victor (France), 110, 111.

Plebiscites, historical summary of, 1; prob-
lems of, 32.

Poland, 4, 30, 31.

Ponsonby, Viscount (Austria), 60n.

Popular sovereignty, 8, 9, 11, 19.

(Young

INDEX

Pradier-Fodéré, 24, 87.

Prague, Treaty of (Austria and Prussia, Au-
gust 23, 1866), 1, 19, 20, 30, 132, 145, 146,
147, 150, text, 935.

Problems of plebiscites, 32.

. Prokesch von Osten (Austria), 113, 114.

Province, 6, 34, 41, 78.

Prussia, 1, 7, 10, 11, 14, 15, 16, 17, 18, 19,
20, 21; and Ionian Islands, 123, 128-9, 131;
and Moldavia and Wallachia, 105 et seg.;
and Savoy and Nice, 79; and Schleswig-
Holstein, 132 et seg., (mediation) 140; and
Umbria and the Marches, 95; and Venetia,
96. See also Treaties.

Pufendorf, 4, 26.

Raaslof, General (Denmark), 150, 153.
Rattazzi, Member of Italian Chamber, 88.
Reymond of Toulouse, 34.

Rechberg (Austria), 140.

Rechid Pacha (Turkey), 114.

Redcliffe, Lord Stratford de (Great Britain),
113, 114.

Redon (France), 36.

Reggio (see also Modena; Emilia), provi-
sional government established, 58; vote for
union with Sardinia, 64; method of voting,
64; conditions of union, 64; return to Aus-
trian rule, 64. Documents, 424 et seq.

Renan, Ernest (France), 22, 23n.

Reubell, French Commissioner to the Rhine
Valley, 53, 54.

Revolutions: American, 4; French, 1, 2, 3,
4, 5, 6, 7, 9, 33-55 passim.

Rheno-Germanic Convention, 55.

Rhine Valley, 1; Monaco and small com-
munes annexed to France, 51; annexation
based upon popular vote when territory
was invaded, 51; Bergzabern and neigh-
boring communes similarly annexed to
France, 51; French advance unopposed, 52;
occupation of Worms, Speier and Mayence,
52; Custine's general administration to ef-
fect their annexation to France, 52-3; na-
tional conventions planned, 53; primary as-
semblies convoked to vote regarding union
with France, 53; method of voting, 53; op-
position to French agents, 53; oath re-
quired of voters, 53; electoral provisions,
53; deportation of leaders of opposition,
54; Nackenheim vote, 54; Palatinate com-
munes refuse to vote, 54; Speier vote, 54;
Convention nationale des Allemands libres,

INDEX 1083

54; independent state formed, 55; union
with France voted, 55; Haussman report,
55. Documents, 302 et seq.

Ricasoli (Tuscany), 69, 73, 90, 96.

Richard II, King of England, 2.

Rights of Man, 9.

Robert, French Commissioner to Belgian
Communes, 48.

Robespierre, 36, 45.

Rolin-Jaequemyns, 20, 21.

Romagna (see also Emilia), 13; revolt
against Papal legates, 66; provisional gov-
ernment established, 66; allegiance to Sar-
dinia, 66; peace of Villafranca, 66; re-
turned to Papal legates, 66; united with
Parma and Modena under name of Emilia,
72, 73. Documents, 477 et seq.

Rome, 1, 10, 20, 40n; power of Pope secured
by French troops, 98; recall of French
troops, 98; invasion and occupation by
Italian forces, 98; proclamation of Cadorna
regarding a plebiscite, 98; election pro-
cedure, 98-9; abstention of Catholics from
voting, 99; union with Italy voted, 100-1;
incorporation into Italian kingdom, 101.
Documents, 704 et seq.

Rouard de Card, 22, 87.

. Rumania. See Moldavia and Wallachia.

Russell, Lord John (Great Britain), 1, 13,
14, 16, 17, 67, 68, 69, 72, 73, 80, 95, 117,
118, 127, 139, 144. |

Russia, 11, 12, 14, 15, 17, 18; and Crimean
war, 103; and lonian Islands, 122 et seq.;
and Moldavia and Wallachia, 101 et seg.;
and Savoy and Nice, 79; and Schleswig-
Holstein, 135 et seg., (mediation) 140; and
Umbria and the Marches, 95. See also
Treaties. |

Ryswick, Treaty-of (1697), 4.

Saar Valley, 8 See Rhine Valley.

Saint-Genis, 87.

St. Bartholomew, West Indies, 2, 20, 23:
ceded by France to Sweden, 155; offer of
Swedish Cabinet to retrocede island to
France, 155; treaty of retrocession (Au-
gust 10, 1877), 155: retrocession condi-
tioned upon popular vote, 155; plebiscite
planned, 156; result in favor of retroces-
sion, 156; treaty of retrocession approved
«by French Chamber, 156. Documents, 977
et seq.

St. Bartholomew, Treaty of (France and

Sweden, August 10, 1877), 23n, 155, text,
977.

St Croix. See St. Thomas, St. John and St.
Croix.

St. John. See St. Thomas, St. John and St.
Croix.

St. Thomas, St. John and St. Croix, 149;
area and population of the islands, 150;
United States offers Denmark five million
dollars for the three islands, 150; counter
proposal of Denmark, 150; new proposal
of the United States, 151; new Danish pro-
posal regarding St. Thomas and St. John,

- 151; Denmark insists upon a plebiscite in

islands regarding cession, 151; United
States deems plebiscite unnecessary, 151;
United States closes with last Danish offer,
152; United States yields to Danish in-
sistence upon plebiscite, 152; draft treaty
of cession of islands of St. Thomas and
St. John (October 24, 1866), 152; prep-
arations for plebiscite, 153; proclamation
of draft treaty in the islands, 153; addi-
tional articles proposed by merchants of
the islands, 153; additional articles rejected
by United States, 154; proclamation of
plebiscite, 154; qualifications for franchise,
154; vote in favor of cession (1868),
154; treaty of cession ratified by Denmark,
154; treaty fails of ratification by the
United States, 155; new treaty of 1901 un-
ratified, 155; final treaty (cession of all
three islands) ratified in 1917, 155; pleb-
iscite regarding cession held in Denmark,
155. Documents, 945 et seq.

Salisbury, Lord (Great Britain), 25.

San Stefano, Treaty of (1878), 20.

Santa Maura (Leucas). See Ionian Islands.

Sardinia (see also Italy; Treaties), electoral
law (March 17, 1848), 68; parliament, 10,
15, 64, 82; Italian national assemblies
(1859), 65 et seq.; Italian plebiscites
(1848), 58 et seq.; Italian plebiscites
(1860-70), 72 et seq.; and Emilia, 72-5;
and Lombardy, 13, 58 et seg.; and Modena,
64-6; and Nice, 43 et seg., 75 et seq.; and
Parma, 64-6; and Piacenza, 64 et seq.; and
Reggio, 64; and Romagna, 66; and Savoy,
41 et seq., 75 et seq.; and Sicily and Naples,
89 et seg.; and Tuscany, 65 et seq.; and
Umbria and the Marches, 94 et seq.; and
Venetia, 58 et seg., 96 et seq. |

Savoy, 1, 7, 8, 14, 15, 22, 29, 32; part of king-

1084

dom of Sardinia, 41; previous history, 41;
persecutions of the Turin Court, 41;
French military invasion, 41; French vic-
tory over Sardinian troops, 41; proclama-
tion of plebiscite regarding union with
France, 41; vote for union, 42; French de-
cree for union, 43; annexation to France,
43; Sardinia renounced all rights in Savoy
by Treaty of Paris (1796), 43; Treaty of
Paris (1814) restored part of territory to
Piedmont, 43; Treaty of November 20,
1815, restored frontier of 1790, 43, 65, 76;
ceded to France by Treaty of Turin upon
condition of plebiscite, 75, 79; provinces,
76; neutralization of northern provinces,
76, 80; petition to Victor Emanuel, 77;
voted deputies to Italian parliament, 81;
plebiscite decreed, 82; method of voting,
80, 84; annexation to France voted, 86;
Italian opposition, 86-8; ratification of
Treaty of Turin, 87; reasons underlying

vote, 76-8, 88-9. Documents, 269 et seq.,.

538 et seq.

Schleinitz, Baron (Prussia), 14%, 139.

Schleswig and Holstein, 1, 10, 11, 16, 17, 18,
19, 21, 31; personal union of duchies with
Denmark, 132, 133; nationalist movements
(1848), 132, 133, 134; laws of succession,
133; Holstein member of Germanic Con-
federation, 132; Schleswig demands union
with German Confederation, 134; plan for
plebiscite regarding division of North
Schleswig, 134, 135, 137; Schleswig incor-
porated with Denmark, 134; insurrection
of Schleswig and provisional government,
134; proclamation by provisional govern-
ment of plebiscite in North Schleswig, 134;
Danish troops dispatched to Schleswig, 135;
Prussian troops dispatched to Holstein,
135; mediation of Great Britain and Rus-
sia, 135; plans for armistice, 136, 137;
peace (1849), 138; agreement of Great
Powers (1852), 138; Schleswig and Dan-
ish political institutions unified, 139; in-
vasion by Austria and Prussia (1864),
139: mediation of Powers, 140; plans for
division of Schleswig, 140-1; .peace con-
ference at London, 142-4; futility of the
conference, 144; peace (1864), 144; Den-
mark renounces rights over duchies, 144;
Prussia and Austria administer both
duchies, 145; Prussia administers Schles-
wig, 145; Austria administers Holstein,

INDEX

145; war between Austria and Prussia,
145; treaty of peace (Prague, 1866), 145;
Austria cedes rights in duchies to Prussia,
145; plebiscite in North Schleswig pro-
vided by Treaty of Prague, 132, 145;
duchies annexed by Prussia in violation of
treaty, 146; negotiations regarding plebis-
cite in Schleswig, 146; discontent of op-
tants under Treaty of Prague, 146; Prus-
sia relieved of obligation to hold plebiscite
(1878), 147; people of North Schleswig
desire plebiscite (1918), 147; Denmark
(1918) asks that such plebiscite be held,
147. Documents, 864 et seq.

Secession of States from the American
Union, 29n.

Séguret, Commune of, 39, 40».

Sepoy Rebellion, 12.

Septinsular Republic, 122.

Servan, French Minister of War, 41, 47.

Seven Islands. See Ionian Islands.

Seward, William H. (United States), 25, 150,
151, 152, 154,

Sherman, Secretary (United States), 25m.

Sicily (see also Naples), 1, 14; refusal of
Bourbons to grant constitution, 89; revolu-
tion, 89; Garibaldi dictator, 89; political
parties, 89; electoral law of (June 23, .
1860), 90; Depretis and Mordini pro-dic-
tators, 90, 91; plebiscite regarding union
with Sardinia, 92; union with Sardinia
voted, 93; annexation to Sardinia, 93; po-
litical unrest, 94. Documents, 620 et seq.

Simon, French Commissioner to Rhine Val-
ley, 53, 54. n

Southern Confederacy of America, 29n.

Sovereignty. See Popular sovereignty.

Spain, influence in Danish West Indies, 151;
arbitrament of Tacna-Arica Question, 161.

Speier (Rhine Valley), 52, 53, 54.

States of the Church. See Emilia, Marches,
Modena, Romagna, Rome, Tuscany, Um-
bria.

Stoerk, Felix, 23, 87.

Storks, Sir Henry, Lord High Commissioner
of Ionian Islands, 127, 130.

Sumner (United States), 21.

Sumter, Fort, 29%,

Sweden (see also Norway and Sweden;
Treaties), 2, 17, 20, 23; Treaty of Kiel and
annexation of Norway, 9»; separation af
Norway, 165 et seg.; and Schleswig-Hol-
stein, 135, 140; and St. Bartholomew, 155-6.

INDEX 1085

Swedish Lapps, Nomadic, 167.

Switzerland, 32; and the Italian kingdom,
79; and Mülhausen, 55; and Savoy, 84.

Sybel, Heinrich von, 140.

Tacna-Arica Question, 26n.; War of the Pa-
cific (Chile v. Bolivia and Peru, 1879), 156;
occupation of Bolivian and Peruvian ter-
ritory by Chile, 156-7; attempted mediation
of the United States, 157; treaty of peace
(Ancon, 1883), 157; Tacna and Arica (Pe-
ruvian territory) to remain temporarily
under the sovereignty of Chile, 157; pleb-
iscite provided for in ten years to de-
termine their political status, 157, 158; de-
tails of plebiscite to be subject of special
protocol, 157, 158; Jiménez-Vial Solar ne-
gotiations for special protocol, 158; dis-
agreement of Peru and Chile over proto-
col, 159; protocol signed but not ratified,
159; expiration of ten-year period, 159-60;
further disagreement of Peru and Chile
over protocol, 160; secret treaty between
Chile and Bolivia, 160; Chile agrees to
cede disputed territory to Bolivia, 160; pro-
test of Peru, 160; Billinghurst-Latorre pro-
tocol, 161; arbitrament of Spain, 161; pro-
tocol unratified, 161; Chilianizing of prov-
inces, 161; Peru breaks diplomatic relations
with Chile, 161; boundary treaty between
Chile and Peru (September 23, 1902) con-
siders provinces integral part of Chile, 161;
protest of Peru, 162; negotiations (1905-8),
162-3; (1909-10), 163; Peruvian proposal
for arbitration, 163; Chilian refusal of ar-
bitration, 163; diplomatic relations again
broken off by Peru, 164; Valera-Huneesis
agreement for plebiscite in 1933, 164;
agreement repudiated by Peruvian public,
164; breaking off of consular relations be-
tween Chile and Peru, 164; exodus of
Peruvians from provinces, 164; desire of
Bolivia to secure the provinces, 164-5.
Documents, 985 et seg.

Tahiti Chiefs (St. Bartholomew), 23.

Talleyrand (France), 9, 107.

Tarapacá (Peru), 156, 157.

Texas, 22, 29.

Thiers, 21n, 24n.

Thouvenel (krance), 107, 108.

Tilset, Treaty of (1809), 122.

Titoff, de (Russia), 104.

Tolentino, Treaty of (France and the Pope,
February 19, 1797), 40.

Toru Hoshi (Japan), 254.

Toul, annexation to Francg, 3.

Tour d'Auvergne, de la (France), 17, 33,
144,

Tournai, 47. See also Belgian Communes.

Treaties: Aix-la-Chapelle (1748), 43; Ami-
ens (1802), 122; Campo-Formio (1797),
122; Madrid, 3; Ryswick (1697), 4n; Tilset
(1809), 122; Utrecht (1713), 4n; Zurich, 72;
Austria, Denmark and Prussia, October
30, 1864 (Treaty of Vienna), 144, 146, text,
933; Austria, France, Great Britain,
Prussia, Russia, et al, May 30, 1814
(peace), 43; Austria, France, Great Brit-
ain, Prussia and Russia, November 20,
1815 (peace), 43; Austria, France, Great
Britain, Prussia, Russia, Sardinia and Tur-
key, March 30, 1856 (Treaty of Paris), 12,
106, 109, 113, 115, 116, 118, text, 741; Aus-
tria and France, July 11, 1859 (Prelimi-
naries of Villafranca), 13, 66, 75, 77, text,
441; Austria, France, Great Britain, Prus-
sia and Russia, August 1, 1863 (Ionian Is-
lands), 15, 129, text, 850; Austria, France,
Great Britain, Prussia and Russia, Novem-
ber 14, 1863 (Ionian Islands), 16, text, 854:
Austria and France, August 24, 1866 (Ve-
netia), 96, text, 679; Austria, Great Britain,
Prussia and Russia, November 5, 1815 (Io-
nian Islands), 15, 123, 125, 127, 129; Aus-
tria and Italy, October 3, 1866 (peace),
97, text 681; Austria and Prussia, August
23, 1866 (Treaty of Prague), 1, 19, 20,
30, 132, 145, 146, 147, 150, text 935; Aus-
tria and Prussia, October 11, 1878 (Schles-

- wig-Holstein), 147, text, 942; Avignon and
France, June 14, 1791 (Preliminaries of
Orange), 37, text, 212;. Bolivia and
Chile, May 18, 1895 (uncompleted secret
treaty), 160, text, 997; Bolivia and Chile,
September 23, 1902 (boundaries), 161, 162;
Bolivia and Chile, October 20, 1904 (peace,
friendship and commerce), text, 1009;
Chile and Peru, 1883 (Novoa-Iglesias pro-
tocol), 158, text, 991; Chile and Peru, Oc-
tober 20, 1883 (Treaty of Ancon), 2, 20, 26,
157, 158, 160, 161, 162, text, 992; Chile and
Peru, January 26, 1894 (Jiménez-Vial pro-
tocol), 159, text 995; Chile and Peru, April
16, 1898 (Billinghurst-Latorre protocol),
161, 163, text, 1000; Chile and Bolivia, May

1086

18, 1895 (uncompleted secret treaty), 160,
text, 997; Chile and Bolivia, September 23,
1902 (boundaries), 161, 162; Chile and Bo-
livia, October 29, 1904 (peace, friendship
and commerce), text, 1009; Denmark,
Austria and Prussia, October 30, 1864
(Treaty of Vienna), 144, 146, text 933;
Denmark and France, June 15, 1733 (St.
Croix), 1508; Denmark France, Great
Britain and Russia, July 13, 1863 (ac-
cession of William to throne of Greece),
128, text, 848; Denmark and Sweden, Janu-
ary 14, 1814 (Treaty of Kiel), 9n, 165n;
Denmark and United States, October 24,
1867 (uncompleted: St. Thomas and St.
John), 152, text, 960; Denmark and United
States (unsigned draft: St. Thomas and St.
John), 151, text, 947; France, Austria,
Great Britain, Prussia, Russia, ef al., May
30, 1814 (peace), 43; France, Austria,
Great Britain, Prussia and Russia, Novem-
ber 20, 1815 (peace), 43; France, Austria,
Great Britain, Prussia, Russia, Sardinia
and Turkey, March 30, 1856 (Treaty of
Paris), 12, 106, 109, 113, 115, 116, 118, text,
741; France and Austria, July 11, 1859
(Preliminaries of Villafranca), 13, 66, 75,
77, text, 441; France, Austria, Great Brit-
ain, Prussia and Russia, August 1, 1863
(Ionian Islands), 15, 129, text, 850; France,
Austria, Great Britain, Prussia and Russia,
November 14, 1863 (Ionian Islands), 16,
text, 854; France and Austria, August 24,
1866 (Venetia), 96, text, 679; France and
Avignon, June 14, 1791 (Preliminaries of
Orange), 37, text, 212; France and Den-
mark, June 15, 1733 (St. Croix), 150n;
France and Geneva, April 26, 1798 (treaty
of union), 57, text, 368; France and Ger-
many, May 10, 1871 (Treaty of Frank-
fort), 21n; 30; France, Great Britain and
Russia, May 7, 1832 (guarantors of King-
dom of Greece), 127; France, Denmark,
Great Britain and Russia, July 13, 1863 (ac-
cession of William to throne of Greece),
128, text 848; France, Great Britain, Rus-
sia and Greece, March 29, 1864 (Ionian Is-
lands), 16, 132, text, 860; France and Múl-
hausen, January 28, 1798 (treaty of union),
33, 56; France and the Pope, February
19, 1797 (Treaty of Tolentino), 40; France
and Sardinia, May 15, 1796 (Savoy and
Nice), 43; France and Sardinia, March

INDEX

24, 1860 (Treaty of Turin), 1, 75, 79,
text, 566; France and Sweden, August
10, 1877 (St. Bartholomew), 23s, 155,
text, 977; France and Sweden, October 31,
1877 (St. Bartholomew), text, 978; Geneva
and France, April 26, 1798 (treaty of
union), 57, text, 368; Germany and
France, May 10, 1871 (Treaty of Frank-
fort), 21n, 30; Great Britain, Austria,
France, Prussia, Russia, et al., May 3%,
1814 (peace), 43; Great Britain, Aus-
tria, Prussia and Russia, November 5,
1815 (Ionian Islands), 15, 123, 125, 127,
129; Great Britain, Austria, France, Prus-
sia and Russia, November 20, 1815 (peace),
43; Great Britain, Austria, France, Prussia,
Russia, Sardinia and Turkey, March 30,
1856 (Treaty of Paris), 12, 106, 109, 113,
115, 116, 118, text, 741; Great Britain, Aus-
tria, France, Prussia and Russia, August 1,
1863 (Ionian Islands), 15, 129, text, 850;
Great Britain, Austria, France, Prussia and
Russia, November 14, 1863 (Ionian Is-
lands), 16, text, 854; Great Britain, France
and Russia, May 7, 1832 (guarantors of
Kingdom of Greece), 127; Great Britain,
France, Russia and Denmark, July 13, 1863
(accession of William to the throne of
Greece), 128, text, 848; Great Britain,
France, Russia and Greece, March 29, 1864
(Ionian Islands), 16, 132, text, 860; Greece,
France, Great Britain and Russia, March
29, 1864 (Ionian Islands), 16, 132, text, 860;
Italy and Austria, October 3, 1866 (peace),
97, text, 681; Mülhausen and France, Janu-
ary 28, 1798 (treaty of union), 33, 56;
Peru and Chile, 1883 (Novoa-Iglesias pro-
tocol), 158, text, 991; Peru and Chile, Octo-
ber 20, 1883 (Treaty of Ancon), 2, 20, 26,
157, 158, 160, 161, 162, text, 992; Peru and
Chile, January 26, 1894 (Jiménez-Vial pro-
tocol), 159, text, 995; Peru and Chile, April
16, 1898 (Billinghurst-Latorre protocol),
161, 163, text, 1000; Prussia, Austria,
France, Great Britain, Russia, et al., May
30, 1814 (peace), 43; Prussia, Austria,
Great Britain and Russia, November 5,
1815 (Ionian Islands), 15, 123, 125, 127,
129; Prussia, Austria, France, Great Britain
and Russia, November 20, 1815 (peace), 43;
Prussia, Austria, France, Great Britain,
Russia, Sardinia and Turkey, March 30,
1856 (Treaty of Paris), 12, 106, 109, 113,

INDEX 1087

115, 116, 118, text, 741; Prussia, Austria,
France, Great Britain and Russia, August
1, 1863 (Ionian Islands), 15, 129, text,
850; Prussia, Austria, France, Great Brit-
ain and Russia, November 14, 1863 (Io-
nian Islands), 16, text, 854; Prussia, Aus-
tria and Denmark, October 30, 1864
(Treaty of Vienna), 144, 146, text, 933;
Prussia and Austria, August 23, 1866
(Treaty of Prague), 1, 19, 20, 30, 132, 145,
146, 147, 150, text, 935; Prussia and Aus-
tria, October 11, 1878 (Schleswig-Holstein),
147, text, 942; Russia, Austria, France,
Great Britain, Prussia, et al, May 30,
1814 (peace), 43; Russia, Austria, Great
Britain and Prussia, November 5, 1815 (Io-
nian Islands), 15, 123, 125, 127, 129; Rus-
sia, Austria, France, Great Britain and
Prussia, November 20, 1815 (peace), 43;
Russia, Austria, France, Great Britain,
Prussia, Sardinia and Turkey, March 30,
1856 (Treaty of Paris), 12, 106, 109, 113,
115, 116, 118, text, 741; Russia, Austria,
France, Great Britain and Prussia, August
1, 1863 (Ionian Islands), 15, 129, text, 850;
Russia, Austria, France, Great Britain and
Prussia, November 14, 1863 (Ionian Is-
- lands), 16, text, 854; Russia, France and
Great Britain, May 7, 1832 (guarartors of
Kingdom of Greece), 127: Russia. Den-
mark, France, and Great Britain. July 13,
1863 (accession of William to the throne of
Greece), 128, text, 848; Russia, France,
Great Britain and Greece, March 29,
1864 (Ionian Islands), 16, 132, text,
860; Russia and Turkey, September 14,
1829 (Treaty of Adrianople), 102; Rus-
sia and Turkey, March 3, 1878 (Treaty
of San Stefano), 20; Sardinia, Austria,
France, Great Britain, Prussia, Russia and
Turkey, March 30, 1856 (Treaty of Paris),
12, 106, 109, 113, 115, 116, 118, text, 741;
Sardinia and France, May 15, 1796 (Savoy
and Nice),43; Sardinia and France, March
24, 1860 (Treaty of Turin), 1, 75, 79, text,
566: Sweden and Denmark, January 14.
1814 (Treaty of Kiel), 9n, 165n; Sweden
and France, August 10, 1877 (St. Bartholo-
mew), 2?n, 155, text, 977: Sweden and
France. October 31, 1877 (St. Bartholo-
mew). text, 978: Turkey, Austria. France,
Great Britain, Prussia, Russia and Sar-
dinia, March 30, 1856 (Treaty of Paris),

12, 106, 109, 113, 115, 116, 118, text, 741;
Turkey and Russia, September 14, 1829
(Treaty of Adrianople), 102; Turkey and
Russia, March 3, 1878 (Treaty of San Ste-
fano), 20; United States and Denmark
(unsigned draft: St. Thomas and St.
John), 151, text, 947; United States and
Denmark, October 24, 1867 (uncompleted:
St. Thomas and St. John), 152, text, 960.

Treihard, French Commissioner to Belgian
Communes, 48.

Trentino, evacuation of Garibaldi, 96.

Trésal, J., 87.

Trescot-Blaine Mission, 157.

Triple Alliance, 87.

Tronchet (France), 35n, 36n.

Turin, Treaty of (France and Sardinia,
March 24, 1860), 1, 75. 79, text, 566.

Turkey, 11, 12, 18, 20; Crimean war, 103;
and Ionian Islands, 122, 131; and Mol-
davia and Wallachia, 101 et seq. See also
Treaties.

Tuscany, 1, 14: under Austrian domination,
65; revolution and deposition of duke, 66;
provisional government established, 66; al-
legiance to Sardinia, 66; Sardinian Com-
missioner appointed, 66; union with Sar-
dinia to be settled by a plebiscite, 66; peace
of Villafranca, 66; duke restored to throne,
66; convocation of national assembly, 68;
method of voting, 68; elections, 69; vote
for union with Sardinia, 70; dethronement
of House of Lorraine, 71; resolution for
annexation to Sardinia, 71; union de-
ferred, 72; new vote planned, 72-4; elec-
tions called, 74; method of voting, 74;
union with Sardinia voted, 75; union with
Sardinia decreed, 75. Documents, 441 e¢
seq., 499 et seq.

Umbria, 1, 14; liberated from Papal dom-
ination by Piedmont (Sardinia), 94; pleb-
iscite proclaimed regarding un'on with
Sardinia, 94; union voted, 94: incorpor-
ated into Sardinian kingdom, 95; sanction
of Italian peoples desired by Great Britain,
95; union sanctioned by election of Victor
Emanuel as King of Italy, 95-6. Docu-
ments, 655 et seq.

United States, 20, 25; and St. Thomas, St.
John and St. Croix, 149 et seq. See also
Treaties.

1088

Uti possidetis, 96.

Utrecht, Treaty of (1713), 4n.

Valera-Huneesis and
Chile), 164.

Vattel, 4.

Vaucluse, 37, 38, 39, 40.

Venaissin. See Comtat Venaissin.

Venetia, 1, 10, 20; provisional governments
established, 58; political parties and their
aims, 58-9; Venice proclaimed a republic,
63; threatened invasion by Austria, 63;
plebiscite provided for regarding union
with Sardinia, 63; union with Sardinia
voted, 64; return to Austrian rule, 64;
ceded by Austria to France, 96; delivered
by France to Venetian Commission, 97;
mistress of own destiny, 97; plebiscite

‘ regarding annexation to Italy, 97; vote
for union with Italy, 97; incorporated into
Italian kingdom, 97. Documents, 395 ef
seq., 679 et seq.

Venetian Republic and Ionian Islands, 122.

Verdun, annexation to France, 3.

Verninac-Saint-Maur, French mediator at
Orange, 37.

Vial Solar-Jiménez Negotiations
Arica Question), 158, 159.

Vial Solar-Jiménez protocol, 159, text, 995.

Victor Emanuel II, King of Sardinia and of
Italy, 58, 66, 77, 78, 81, 82, 87, 91, 92, 93, 94,
95, 96, 101.

Victoria, Queen of Great Britain, 67.

Vienna, Congress of (1814-5), 2, 9, 17, 20,
30; (1854), 103-4, text of memorandum,
726.

agreement (Peru

(Tacna-

INDEX

Vienna, Treaty of (Austria, Prussia and
Denmark (1864), 144, 146, text, 933; (Aus-
tria and Prussia, 1878), 147, text, 942.

Vieuzac, Barère de (France), 44.

Villafranca, Preliminaries of
1859), 13, 66, 75, 77, text, 441.

Villamarina, Marquis of (Sardinia), 105s,
118.

Villeneuve, Pétion de (France), 36n.

Virginia, 29n.

Vogorides, Turkish regent over Moldavia,
111, 113, 114, 115, 119.

(July 11,

Walewski, French Minister for Foreign Af-
fairs, 105, 118.

Wallachia, 12, 18. See also Moldavia and
Wallachia.

Wattel (Liege), 49».

West Indies, 23, 25. See also St. Bartholo-
mew; St. Thomas, St. John and St. Croix.

William, Prince of Denmark and King
(George 1) of Greece, 128.

Wöllstein (Rhine Valley), 52».

Woolsey, Theodore, 26.

Worms (Rhine Valley), 52, 53, 54.

Yeaman, American Minister at Copenhagen,
150, 151, 152, 153, 154.

Yizach (commune of Mülhausen), 55.

Ypres, 47. See Belgian Communes.

Young, Sir John, Lord High Commissioner
of Ionian Islands, 125.

Zante. See Ionian Islands.
Zurich, Treaty of, 72.

* <ho-tld be returned ¢