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THE GIFT OF
Carnegie Endowment for
International Peace
1
JX
1906
А 44
W2 3
Publications of the
Carnegie Endowment for International Peace
Division of International Law
Washington
A MONOGRAPH ON PLEBISCITES
A MONOGRAPH ON
PLEBISCITES
r
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: 35 West 32ND 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 I 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,
Х
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 of 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
Bibliographical List of Principal Works Cited.
xxvii
xxix
A Study of the Theory and Practice of Plebiscites
HISTORICAL SUMMARY
1
THE PLEBISCITES OF THE FRENCH REVOLUTION
基 ​.
.
Avignon and the Comtat Venaissin, 1791
Savoy, 1792
Nice, 1793
The Belgian Communes, 1793
The Rhine Valley, 1793
The Republics of Mulhausen and Geneva, 1798
33
41
43
45
51
55
THE PERIOD OF 1848–1870
.
0
The Italian Plebiscites of 1848.
58
The Italian National Assemblies of 1859
65
The Italian Plebiscites of 1860–1870
72
Tuscany and Emilia, 1860
72
Savoy and Nice, 1860
75
Sicily and Naples, 1860
89
Umbria and the Marches, i860
94
Venetia, 1866
96
Rome, 1870.
98
Moldavia and Wallachia, 1857
101
The Ionian Islands, 1863
122
The Schleswig Question, 1848
.:
. 132
Maps: Copy of the German Map by F. H. I. Geerz Showing the Distribution of
Languages in the Duchy of Schleswig, 1838.
Map Showing the Distribution of Languages in North and Central
(opposite) 133
Schleswig, 1906
(opposite) 149
The Islands of St. Thomas and St. John, West Indies, 1868
149
THE PERIOD OF 1871-1914
. 155
+
Saint Bartholomew, West Indies, 1877 .
The Tacna-Arica Question 1883—
Map: Tacna and Arica.
The Separation of Norway from Sweden, 1905
156
(opposite) 156
. 165
.
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," 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 .
177
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 Venaissin with France, and Discussion by the Assembly, April 30-May
4, 1791
188
Draft Decree for the Union of Avignon Proposed by Menou in the Third Report
of the Committees on Avignon, May 24, 1791
207
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 the Request of
the Mediators
215
Formal Minute of the Communal Assembly of Séguret, August 11, 1791
Report of Le Scène des Maisons on his Mission as Mediator, September 10, 1791 . 218
Fourth Report of the Committees on Avignon and the Comtat Venaissin, September
12, 1791
227
Formal Charges Brought Against the Mediators by Abbé Maury Before the National
Assembly, and Replies of the Mediators, September 13, 1791
239
Reply of Le Scène des Maisons
247
Decree of the National Convention Uniting Avignon and the Comtat Venaissin to
France, September 14, 1791 .
266
.
· 216
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 by the National Convention to the Army
of the Alps, October 6, 1792
278
Formal Minute of the Vote of the Communal Assembly of Mouthiers, October 11,
1792
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,
1792
283
Address of the Provisional Administrative Bodies of the City and County of Nice to
the National Convention, and Action of the Convention, November 4, 1792 . 285
CONTENTS
XV
PAGE
•
Address of the “ National Assembly of the Allobroges” Asking for the Union of
the People of Savoy, with the French Republic. Presented to the National Con-
vention, November 21, 1792 .
289
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
290
Decree of the French National Convention Uniting Savoy to France, November 27,
1792
295
Decree, of Union with France passed by the National Assembly of the Colons
Marseillais of Nice, January 4, 1793 .
296
Decree of the National Convention Uniting the County of Nice to the Territory
of the French Republic, January 31, 1793
301
1
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 . 302
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
306
Form of Proclamation to be Made by the French Generals to the Peoples “Con-
quered for Liberty'
310
Protest of the Representative Assembly of Hainault Against the Decree of December
15, Presented to the Convention, December 23, 1792
311
Protest of the Representatives of the Sovereign People of the Country of Namur,
December 30, 1792 .
312
Second Decree Regarding the Conduct of the Generals in those Countries where
the Armies of France have Entered or shall Enter, January 31, 1793
314
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 . 316
Proclamation to the Belgian People by the Commissioners of the French National
Convention, Delacroix, Gossuin and Merlin (de Douai), February 19, 1793. . 318
The Union of Brussels, Ghent and other Belgian Cities with France. Extracts from
the Minutes of the National Convention, February 27–March 2, 1793
322
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 ..
343
Letter of General Dumouriez, Commander-in-Chief of the Army of the North, to
the National Convention, March 12, 1793
346
Report made before the National Convention by Haussmann, Commissioner to the
Armies of the Rhine, the Vosges, and the Moselle, March 30, 1793
349
Address of the National Rhéno-Germanic Convention to the French Republic, and
Vote of Union by the National Convention of France, March 30, 1793
354
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
359
Address of Citizen Metzger to the Burgomasters and Council of the Republic of
Mulhausen, January 19, 1798 .
360
Reply of the Magistracy, January 19, 1798
. 361
Treaty of Union of the Republic of Mulhausen with the French Republic, January
28, 1798
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, 1798
367
Treaty of Union of the Republic of Geneva with the French Republic, April 26, 1798 . 368
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
370
The Provisional Government Postpones all Discussion as to the Political Future
of Lombardy, March 22, 1848
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
373
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 of the Liberties which the Lombarď People
Now Possess, May 28, 1848.
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
Reply of the King
392
Address of the Women of Lombardy to the Women of the Sardinian States, July
3, 1848
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.
Law of July 27, 1848
394
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 Voting for Union with Piedmont
has Begun on the Venetian Mainland, May 31, 1848
396
Reply of the Provisional Government, June 2, 1848 .
401
Decree of the Provisional Government of the Venetian Republic Convoking a Rep-
resentative Assembly, July 3, 1848
402
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.
406
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. . 409
.
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, 1848.
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 Parma and Guastalla and
Uniting them with the Sardinian States. Law of June 16, 1848.
417
The Provisional Government of Piacenza Makes Public the Result of the Plebiscite,
May 12, 1848
419
Modena and Reggio
The Municipality of Reggio Proclaims a Plebiscite on the Question of Union with
Sardinia, May 3, 1848
424
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 in a Formal Act of Union with the Sardinian States, May 29,
1848
432
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 Tuscan Government Fixing Further Details of the Election,
July 16, 1859
445
Dispatches of Lord John Russell to the British Minister at Florence, Concerning
the Tuscan Assembly .
449
Convocation of the Electoral Constituencies, July 29, 1859
450
The Royal Commissioner Resigns His Functions to the Council of Ministers,
August 1, 1859.
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,
.1859
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 at Florence 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
460
.
xviii
CONTENTS
PAGE
Reply of the King
462
The Provisional Government Announces that It Will Exercise Authority in the
Name of Victor Emanuel, September 29, 1859 .
463
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
474
Hapsburg-Lorraine, August 20, 1859
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
28, 1859
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.
481
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
486
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 .
489
Convocation of the People of Parma in Popular Assemblies, for a Plebiscite, August
8, 1859.
491
Convocation of the Electoral Constituencies for the Election of Deputies to a Rep-
resentative Assembly, August 30, 1859 .
494
Decree of the Representative Assembly of the States of Parma Dethroning the House
of Bourbon, September 11, 1859 .
495
Decree of the Same Assembly for Union with the Constitutional Kingdom of Sar-
dinia, September 12, 1859 .
495
Lombardy, 1859
0
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 Congregation,
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 .
499
Dispatch of Lord John Russell to Sir James Hudson, British Minister at Turin,
February 6, 1860
501
Proposition Made by Thouvenel to Talleyrand for Transmission to the Sardinian
Government, February 24, 1860.
501
Dispatch of Cavour to the Governors of Emilia and Tuscany, Concerning the
Proposition made by the French Government, February 29, 1860 .
506
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. 519
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, 1860
525
Rules for the Publication of the Results of the Plebiscite in Emilia, March 13,
1860
529
0
529
Proclamation of the Results of the Plebiscite in Tuscany, March 15, 1860 .
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, 1860
537
Savoy and Nice, 1860
Napoleon III Asserts the Claim of France to Savoy on the Opening of the Legislative
Chambers, March 1, 1860.
538
Answer of Sardinia to France Agreeing to the Principle of Self-Determination,
March 3, 1860.
540
Proclamation by the Governor of Annecy Announcing that there will be a Popular
Vote, March 8, 1860
542
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
15, 1860.
547
.
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 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.
566
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, 1860.
576
Cavour Assures the Swiss Government that France will not take Possession until
after the Plebiscite, April 6, 1860 .
578
Proclamation of the Provisional Governor of the District of Nice, Fixing the Details
of the Election, April 7, 1860
579
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, 1860
585
Circular of Instructions Issued to the Syndics of Savoy by the Governor, April 9,
1860
587
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 Functionaries, April,
1860
591
O
5
The Vote of the County of Nice as Announced by the Court of Appeals, April 28,
1860
595
Result of the Plebiscite of Savoy as Proclaimed by the Municipal Junta of Chambéry,
April 29, 1860 .
597
The Vote of Savoy by Districts and Communes, as Announced by the Court of
Appeals, April 29, 1860.
599
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
,
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,
1860
621
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, 1860
· 623
CONTENTS
1
xxi
PAGE
.
.
Convocation of the Popular Assemblies of the Neapolitan Provinces for the Plebis-
cite, October 8, 1860 .
631
Convocation of the Assembly of the Representatives of the Sicilian People, October 9,
1860
634
.
Convocation of the Popular Assemblies of Sicily for a Plebiscite on the Question
of Union with Italy under Victor Emanuel, October 15, 1860
. 635
Garibaldi Decrees the Union of the Two Sicilies with the Constitutional Kingdom
of Victor Emanuel, October 15, 1860
.. 637
Proclamation of the Pro-Dictator of Sicily Urging a Vote for Union, October 15,
1860
637
Circular to the Governors of the Provinces Regarding the Plebiscite, October 16,
1860
638
Formal Minute of the Result of the Plebiscite of the Neapolitan Provinces as Pro-
claimed by the Supreme Court, November 3, 1860 .
.641
Formal Minute of the Result of the Plebiscite in Sicily as Announced by the Supreme
Court of Justice of Palermo, November 4, 1860
644
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
649
Proclamation of Victor Emanuel to the People of Sicily on Entering Palermo, De-
cember 1, 1860
650
Formal Minute of the Acceptance of the Sicilian Plebiscite by King Victor Emanuel,
December 2, 1860 .
651
C
Royal Decree of Annexation of the Neapolitan Provinces to the Kingdom of Italy,
December 17, 1860
654
Umbria and the Marches, 1860
Appointment of Lorenzo Valerio as Commissioner General Extraordinary for the
Provinces of the Marches, September 12, 1860 .
655
Appointment of Gioacchino Pepoli as Commissioner General for Umbria, Septem-
ber 12, 1860.
656
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,
1860
662
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 8 and 9, 1860 .
670
Formal Act of Acceptance of the Plebiscite of the Marches and of Umbria, November
22, 1860
.672
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
679
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 .
683
Royal Decree Convoking the Popular Assemblies in the Venetian Provinces,
Published October 19, 1866 .
686
Formal Minute of the Delivery of Venetia to the Venetian Authorities by the
French Commissioner. Signed at Venice, October 19, 1866 .
689
Formal Minute of the Result of the Plebiscite of the Venetian and Mantuan Pro-
vinces, October 27, 1866 .
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
22, 1870
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 .
708
Rules of Procedure for the Plebiscite, September 29, 1870
. 709
Authentic Copy of the Statement of the Votes Cast in the Leonine City, October
2, 1870
713
Formal Minute of the Result of the Plebiscite, October 6, 1870 .
715
Formal Minute of the Presentation of the Plebiscite to King Victor Emanuel II, Oc-
tober 9, 1870
720
Royal Decree Incorporating the Roman Provinces in the Kingdom of Italy, October
9, 1870
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
28, 1854.
. 726
Development of the First Point of the Memorandum, March 15, 1855
. 727
Proposition of Prince Gortchakoff Advocating Consultation of the Principalities,
March 17, 1855 .
728
Development of the First Point of the Memorandum as Finally Adopted, March
19, 1855
730
Congress of Paris.- Extracts from Protocols Nos. 1, 6, 8, and 22, February 25-April
16, 1856 .
. 732
Treaty of Peace Between Austria, France, Great Britain, Prussia, Russia, Sardinia
and the Ottoman Porte, Signed at Paris, March 30, 1856 .
741
Instructions Issued by the Congress of Paris to the Special Commission for the
Principalities, April 8, 1856 .
746
Firman of Convocation of the Divans ad hoc of Wallachia and of Moldavia,
Adopted January 13, 1857
749
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, 1857
760
CONTENTS
xxiii
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, June
11-17, 1857
. 808
Form of Certificate of Election Prescribed by the Moldavian Government, June,
12/24, 1857.
814
Identic Note Sent to the Porte by the Representatives of France, Prussia, Russia
and Sardinia, June 25, 1857 .
814
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 Commission at Bucharest,
July 10/22, 1857
820
Identic Note of Aali-Ghalib Pacha to the Representatives of France, Prussia,
Russia and Sardinia, July 30, 1857
820
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.
824
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 Election,
August 24, 1857
828
Vote of Union with Wallachia Passed by the Divan ad hoc of Moldavia, October
7, 1857
830
Vote of Union with Moldavia Passed by the Assembly ad hoc of Wallachia, Oc-
tober 9, 1857
831
Extracts from Report on the Reorganization of the Principalities of Moldavia and
Wallachia. Addressed to the Congress of Paris by the European Commission,
April 7, 1858
833
Vote of Wallachia Electing Alexander John Couza Prince of Wallachia, January
24, 1859
837
.
.
IONIAN 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
839
Dispatch from Sir H. Storks, K.C.B., to the Right Hon. Sir E. B. Lytton, Bart,
February 21, 1859 .
840
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 .
844
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.
848
xxiv
CONTENTS
PAGE
O
Protocol of the Conference Held in London by Plenipotentiaries of Austria, France,
Great Britain, Prussia and Russia, August 1, 1863
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
852
Decree of the Ionian Assembly for Union with the Kingdom of Greece, September
23, 1863
853
Treaty Between Austria, France, Great Britain, Prussia and Russia, Regarding the
Union of the Ionian Islands to the Kingdom of Greece, Signed at London,
November 14, 1863 .
854
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, 1864 .
. 860
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, 1848 .
864
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
870
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 Proposal of a Division of
Schleswig According to Nationality, May and June, 1848
874
Extract from the Discussion of the German National Assembly, Session of June
9, 1848
879
Dispatch of the French Minister of Foreign Affairs to the French Plenipotentiary
at London, March 20, 1864
883
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
886
+
.
Treaty of Peace Between Austria and Prussia on the One Part and Denmark on
the Other Part, Signed at Vienna, October 30, 1864 .
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,
1867
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 by 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
Mr. Seward to Mr. Yeaman, May 27, 1867
946
945
.
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
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 .
.
956
Inclosure: Mr. Raasloff to Mr. Yeaman, October 1, 1867
957
Mr. Yeaman to Mr. Seward, October 3, 1867
957
Mr. Yeaman to Mr. Seward, October 7, 1867
958
Mr. Seward to Mr. Yeaman, October 24, 1867
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..
960
Extracts from Correspondence Between Secretary Seward and the United States
Agents in the Islands, October 26-December 4, 1867 .
962
Mr. Seward to Reverend Charles Hawley, October 26, 1867
962
Mr. Hawley to Mr. Seward, November 13, 1867 .
963
Mr. Hawley to Mr. Seward, November 22, 1867 .
964
Mr. Hawley to Mr. Seward, November 29, 1867
965
Mr. Hawley to Mr. Seward, November 30, 1867 .
966
Mr. Perkins to Mr. Seward, December 4, 1867
967
Inclosure: Royal Proclamation to the Inhabitants of the Islands of St Thomas
and St. John, October 25, 1867 , ,
969
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
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
.
0
•
0
THE PERIOD OF 1871-1914
St. BARTHOLOMEW, WEST INDIES, 1877
977
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.
Protocol After the Plebiscite, Regarding the Details of the Delivery of the Island
to France, October 31, 1877 .
:
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
978
980
xxyi
CONTENTS
PAGE
THE TACNA-ARICA QUESTION, 1883–
987
•
Extracts from the Correspondence Between the Secretary of State of the United
States and the United States Minister Plenipotentiary to Chile, June 26, 1882–
July 2, 1883
985
Mr. Frelinghuysen to Mr. Logan, June 26, 1882
985
Mr. Logan to Mr. Frelinghuysen, October 26, 1882
Inclosure: Mr. Logan to Señor Aldunate, October 18, 1882
987
Peace Protocol Between Novoa and Iglesias
991
Treaty of Peace and Friendship Between Chile and Peru, Signed at Ancon, October
20, 1883.
992
The Jiménez-Vial Solar Protocol, Signed January 26, 1894 .
995
Uncompleted Secret Treaty Between Chile and Bolivia, Signed May 18, 1895 . 997
The Billinghurst-Latorre Protocol, Signed April 16, 1898.
1000
Treaty of Peace, Friendship, and Commerce Between Bolivia and Chile, Signed
at Santiago, October 20, 1904.
1009
Extracts from the Notes Exchanged Between the Chancelleries of Peru and of Chile,
1905-1908
1012
The Minister of Foreign Relations of Peru to the Minister of Foreign Relations
of Chile, with Reference to the Treaty of Peace Between Chile and Bolivia,
February 18, 1905
1012
The Minister of Foreign 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
of Chile, Accepting the Proposal for a Conference, April 25, 1905 .
1021
Confidential Communication from the Chilean Minister of Foreign Affairs to Sr.
Seoane, Special Envoy of Peru, March 25, 1908.
1025
Reply of Sr. Seoane, May 8, 1908
1029
Summary of the Chilean and Peruvian Proposals for the Holding of the Plebiscite,
with Observations by the Peruvian Foreign Office, December 23, 1909.
1046
Proposal Regarding the Plebiscite Made by the Peruvian Government, November
10, 1912
1049
0
0
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 Norwegian People, July
28, 1905.
1051
o
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.
1053
Draft of Regulations for the Plebiscite Submitted with the Above Report .
1057
Circular of Instructions from the Department of Justice to the Registration Officers
and Boards of Election, July 29, 1905.
1060
Circular of the Department of Ecclesiastical Affairs to the Clergy, July 29, 1905 . 1069
Report of the Norwegian Department of Justice Regarding the Plebiscite Held August
13/21, 1905.
1070
INDEX
1075
1
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 Liège 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.
PERIOD 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-
habitants.
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.
PERIOD 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 Sanctae Sedis in compendium opportune redacta et illustrata. Rome, 1870–71. Vol. 6.
Acte si documente relative la istoria renascerei 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.
ARANGIO-Ruiz, GAETANO. Storia constituzionale del regno di Italia (1848–1898). Florence,
1898.
Archives diplomatiques; recueil de diplomatie, d'histoire et de droit international. Paris,
1861-
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.
BARJAVEL, CASIMIR FRANÇOIS HENRI. Dictionnaire historique, biographique et bibliogra-
phique du département de Vaucluse, ou Recherches pour servir à l'histoire scientifique,
littéraire et artistique, ainsi qu'à l'histoire religieuse, civile et militaire, des villes et
arrondissements d'Avignon, de Carpentras, d'Apt et d'Orange. Carpentras, 1841. 2
vols.
BARLOW, JOEL. A Letter to the People of Piedmont on the Advantages of the French Revolu-
tion, in Political Writings. 2d ed. New York, 1796.
BELAUNDE, VICTOR ANDRÉS. Nuestra cuestión con Chile. Lima, 1919.
BEAUFFORT, ROGER, Comte de. Histoire de l'invasion des Etats Pontificaux et du siège de
Rome par l'armée italienne en Septembre 1870. Paris, 1874.
BLUNTSCHLI, JOHANN KASPAR. Le droit international codifié. Translated by M. C. Lardy.
Paris, 1870.
BONFILS, HENRI. Manuel de droit international public (droit des gens). Paris, 1894.
BORGNET, CHARLES JOSEPH ADOLPHE. Histoire des Belges à la fin du XVIII° siècle. Brussels,
1861-62. 2 vols.
BOURGEOIS, J. L'Annexion de la Savoie à la France. Revue générale de droit international
public. 1896. Vol. 3, p. 673.
BOURGEOIS, LÉON. Pour la société des nations. Paris, 1910.
BREAKSTED, H. L. The Constitution of the Kingdom of Norway. London, 1905.
BRENNAN, REV. RICHARD. A Popular Life of Our Holy Father Pope Pius the Ninth. 4th
ed. New York, 1877.
BRISSAUD, JEAN BAPTISTE. A History of French Public Law. Translation by James W.
Garner. Boston, 1915.
BUNSEN, CHRISTIAN KARL JOSIAS, Freiherr von. Memoir on the Constitutional Rights of
the Duchies of Schleswig and Holstein, presented to Viscount Palmerston by Chevalier
Bunsen. 1848. published with M. de Gruner's essay on the Danish question, and all
the official documents by Otto von Wenckstern. London, 1848.
CABOUAT, JULES. Des annexions de territoire et de leurs principales conséquences. Paris,
1881.
XXX
BIBLIOGRAPHICAL LIST
CADORNA, RAFFAELE. La liberazione di Roma nell'anno 1870 ed il plebiscito. 2d ed. Turin,
1889.
Calvo, Carlos. Derecho internacional teórico y prático de Europa y América. 2 vols.
Paris, 1868.
.
Le droit international théorique et pratique; précédé d'un exposé historique des
progrès de la science du droit des gens. 3d ed. Paris, 1868–81. 4 vols. Sth ed. Paris,
1896. 6 vols.
The Cambridge Modern History; planned by the late Lord Acton. Cambridge (England),
1902– 14 vols.
CHARPENNE, PIERRE. Les grands épisodes de la révolution dans Avignon et le Comtat.
Avignon, 1901. 4 vols.
CHIALA, LUIGI. Lettere edite ed inedite di Camillo Cavour, raccolte ed illustrate da Luigi
Chiala. Turin, 1883–87. 6 vols.
CHILE. Ministerio de relaciones exteriores. Comunicaciones cambiadas entre las Cancil-
lerias de Chile y el Perú y algunos antecedentes sobre la cuestión de Tacna y Aricas,
1905–1910. 2d ed. Santiago de Chile, 1912.
Memoria del Ministerio de relaciones exteriores, octubre de 1911-julio de 1914. Santiago de
Chile, 1917.
CHUQUET, ARTHUR MAXIME. Les guerres de la révolution. Vol. 4. Jemappes et la conquête
de la Belgique, 1792-1793. Vol. 6. L'Expédition de Custine. Vol 7. Mayence, 1792–
1793. Paris, 1890.
CLERCQ, ALEXANDRE JEHAN HENRY DE. Recueil des traités de la France, publié sous les
auspices du Ministère des affaires étrangères. Paris, 1864.
Collezione celerifera delle leggi, decreti, istruzioni e circolari ... Turin, 1822-1913. 117
vols.
DAMÉ, FRÉDÉRIC. Histoire de la Roumanie contemporaine depuis l'avènement des princes
indigènes jusqu'à nos jours (1822–1900). Paris, 1900.
DEBIDOUR, ANTONIN. Histoire diplomatique de l'Europe depuis l'ouverture du Congrès de
Vienne jusqu'à la fermature du Congrès de Berlin (1814–1878). Paris, 1891. 2 vols.
La Defensa de Chile. Buenos Ayres, Argentina. The first issue is dated January 4, 1919.
DELHAIZE, JULES. La domination française en Belgique à la fin du XVIIIe et au commence-
ment du XIXe siècle. Brussels, 1908–12. 6 vols.
DESCAMPS, E. E., and L. RENAULT. Recueil international des traités du XXe siècle, contenant
l'ensemble du droit conventionnel entre les états et les sentences arbitrales. Paris,
1901-
DESPAGNET, FRANTZ CLÉMENT RÉNÉ. Cours de droit international public. Paris, 1894.
3rd ed., 1905. 4th ed., 1910.
DESPRÈS, CLÉMENT. La question des Principautés Danubiennes. Perpignan, 1913.
Deuxième conférence internationale de la paix - La Haye 15 juin-18 octobre 1907. Actes
et documents. Ministère des affaires étrangères. The Hague, 1907. 3 vols.
VAN DUERM, CHARLES. Vicissitudes Politiques du pouvoir temporel des papes de 1790 à nos
jours. Lille, 1890.
DUVERGIER, J. B. Collection complète des lois, décrets, ordonnances, règleniens et avis
du Conseil d'Etat, publiée sur les éditions officielles du Louvre. Paris, 1834–1904.
EGAÑA, RAFAEL. The Tacna and Arica question. Historical antecedents. Diplomatic action.
Present state of the affair. Translated from the Spanish edition by Edwyn C. Reed.
Santiago de Chile, 1900.
Erasmus Against War. Edited by J. W. Mackail. Boston, 1907.
FIORE, PASQUALE. Nouveau droit international public suivant les besoins de la civilisation
moderne. Translated by Pradier-Fodéré, Paris, 1869. 2d. ed. translated by Charles
Antoine, Paris, 1885.
BIBLIOGRAPHICAL LIST
xxxi
FRANCE. Annales du Sénat et de la Chambre des députés. Session ordinaire de 1878.
Archives parleinentaires de, 1787–1860. Recueil complet des débats législatifs et
politiques des chambres françaises. Imprimé par ordre du Sénat, et de la Chambre des
députés. 1st series, 1787-1799.
Gazette nationale ou le Moniteur universel. Paris, 1789- (The present title is
Journal officiel.) It is cited here as. Moniteur universel.
Ministère des affaires étrangères, Documents diplomatiques, 1864. Affaires des duchés
de l'Elbe, Annexion des îles Ioniennes à la Grèce. Paris, 1865.
FUSINATO, GUIDO. Le mutazioni territoriali, il loro fondamento giuridico e le loro conse-
guenze. Lanciano, 1885.
GIACOMETTI, G. L'Annexion de Nice. Revue des deux mondes, March, 1896.
GIOVAGNOLI, RAFFAELE. Le risorgimento italiano. Storia politica d'Italia, 1815–1848. Scritta
da una società di professori. Milan, 1897–.
GJERSET, KNUT. History of the Norwegian People. New York, 1915.
GREAT BRITAIN. British and Foreign State Papers. London, 1841-.
Parliamentary Papers. Accounts and Papers:
Correspondence respecting the Affairs of Italy (part 2), January to 30 June, 1848; 1849
(1108]. Vol. 57.
Correspondence respecting the Affairs of Italy, July, 1859, to January, 1860; 1860 (2609).
Vol. 68.
Further correspondence (part 2), January to February, 1860; 1860 (2636). Vol. 67.
Further correspondence (part 3), February and March, 1860; 1860 [2638]. Vol. 67.
Affairs of Italy, Savoy and Switzerland (part 6), March to June, 1860; 1860 [2702).
Vol. 67.
Further correspondence (part 7), May to December, 1860; 1861 [2757). Vol. 67.
Further correspondence (part 9), January and March, 1861; 1861 [2804]. Vol. 67.
Mission of Rt. Hon. W. E. Gladstone to the Ionian Islands, 1858; 1861 [2891). Vol. 67.
Treaties, Conventions, etc.: Treaty between Her Majesty, the Emperor of the French, etc.,
1864 (3323). Vol. 66.
Treaty between Her Majesty, the Emperor of Austria, etc., 1864 [3247] Vol. 66.
Correspondence respecting the Affairs of Rome, 1870-1871; 1871 [c. 247]. Vol. 72.
GrivaZ, FRANCISQUE. Le plébiscite d'annexion de 1860 en Savoie et dans le comté de Nice.
Revue générale de droit international public, 1896. Vol. 3, p. 573.
GROTIUS, Hugo. De jure belli ac pacis. Amsterdam, 1651. Translated by Whewell, Cam-
bridge, 1853.
GUGGENBERGER, A. A General History of the Christian Era. St. Louis, 1899.
Guizot, FRANÇOIS PIERRE GUILLAUME. L'Histoire de France depuis les temps les plus
reculés jusqu'en 1789, racontée à mes petits enfants. Paris, 1878–79. 5 vols.
HALL, WILLIAM EDWARD. A Treatise on International Law. 4th ed. London, 1895.
HANSARD, THOMAS CURZON. Parliamentary Debates. 3d series. London, 1830–1891. 356
vols.
HAYES, CARLTON J. H. A Political and Social History of Modern Europe. New York, 1916.
2 vols.
HEFFTER, AUGUST WILHELM. Le droit international de l'Europe. 4th ed. by F. Heinrich
Geffcken. Berlin, 1883.
xxxii
BIBLIOGRAPHICAL LIST
HEIMWEH, JEAN (pseud.). Droit de conquête et de plébiscite. Paris, 1896.
Triple Alliance et Alsace-Lorraine. Paris, 1892.
HOLTZENDORFF, FRANZ von. Le principe des nationalités et la littérature italienne du droit
des gens. Revue de droit international et de législation coniparée. 1870. Vol. 2, p. 92.
D'IDEVILLE, HENRY. Les piémontais à Rome. Lettres recueillies et éditées. Paris, 1874.
Der Italienische Raubzug wider Rom im September 1870 von einem Augenzeugen.
Münster, 1871.
ITALY. Camera dei deputati. Le Assemblee del risorginiento. Atti raccolti e publicati per
deliberazione della Camera dei deputati. Rome, 1911. 15 vols.
Gazzetta Ufficiale del regno d'Italia. Florence, 1870. The Gazzetta was published
from Turin, in 1861.
Atti del Parlamento Italiano. Sessione del 1860. Discussioni della Camera dei
deputati.
Direzione generale della statistica del Regno d'Italia. Popolazione. Censimenti degli
antichi stati Sardi. (1° gennaio, 1858) e censimenti di Lombardia, di Parina e di Modena
(1857–1858). Turin, 1862. 3 vols.
Direzione generale della statistica. Statistica del Regno d'Italia Popolazione
Censimento generale (31 dicembre, 1861). Turin, 1864-66. 3 vols.
Direzione generale della statistica. Statistica del Regno d'Italia. Popolazione -
Censimento (31 dicembre, 1871). Rome 1874–76. 3 vols.
DE JEssen Franz (publié sous la direction de). Manuel historique de la question du Sles-
vig. Documents, cartes, pièces justificatives et renseignements statistiques. Copenhagen,
1906.
KING, BOLTON. A History of Italian Unity, being a political history of Italy froin 1814 to
1871. London, 1899. 2 vols.
KIKKWALL, VISCOUNT. Four years in the Ionian Islands. Their political and social condi-
tions. With a history of the British protectorate. London, 1864. 2 vols.
KLÜBER, J. L. Droit des gens moderne de l'Europe ... 2 ed. by M. A. Ott, Paris, 1874.
LA GUÉRONNIÈRE, LOUIS ETIENNE ARTHUR DUBREUIL HÉLION, Vicomte de (ancien ambas-
sadeur de France). Le droit public et l'Europe moderne. Paris, 1876. 2 vols.
LAWRENCE, WILLIAM BEACH. Commentaire sur les éléments du droit international et sur
l'histoire des progrès du droit des gens de Henry Wheaton. Leipsig, 1868. 2 vols.
LECOMTE, FERDINAND. L'Italie en 1860. Paris, 1861.
LENORMANT, FRANCESCO. L'Annessione delle isole Ionie al regno ellenico. Considerazioni
storiche politiche. Venice, 1864.
LÉVY, ARMAND. L'Empereur Napoléon III. et les principautés rouinaines. Paris, 1858.
LIEBER, FRANCIS. De la valeur des plébiscites dans le droit international. Revue de droit
international et de législation comparée. Brussels, 1871. Vol. 3, p. 139. Miscellaneous
Writings. Vol. III.
NIACCAFFREY, REV. JAMES. History of the Catholic Church in the Nineteenth Century. 2d
ed. Dublin, 1910.
MAGUIRE, JOHN FRANCIS. Article in The Dublin Review, vol. 16 (new series), p. 32. Lon-
don, 1836–1906. 138 vols.
MARTENS, FEDOR FEDOROVICH DE. Traité de droit international. Paris, 1883–87. Translated
from the Russian by Alfred Léo.
MARTENS, GEORG FRIEDRICH VON. Recueil des traités d'alliance, de paix, de trêve ... et
plusieurs autres actes servant à la connaissance des relations étrangères des puissances
et états de l'Europe depuis 1761 jusqu'à présent. ... Göttingen, 1817–35. 2d ed. 8 vols.
Nouveau recueil de traités d'alliance, de paix, de trêve ... et de plusieurs autres actes
servant à la connaissance des relations étrangères des puissances ... de l'Europe .
depuis 1808 jusqu'à présent... Göttingen, 1817–41. 16 vols.
:
BIBLIOGRAPHICAL LIST
xxxiii
MARTENS, GEORG FRIEDRICH VON. Nouveau recueil général de traités, conventions et autres
transactions remarquables, servant à la connaissance des relations étrangères des puis-
sances et états dans leurs rapports mutuels. Compiled by Frédéric Murhard. Göttingen,
1843–75. 20 vols. in 22.
MATTER, Paul. Bismarck et son temps. Paris, 1906. 3 vols .
MAURTUA, VICTOR M. The Question of the Pacific. An English ed. . . . by F. A. Pezet.
Philadelphia, 1901.
Mémoires et documents publiés par la Société d'histoire et d'archéologie de Genève. Series
4. Geneva, 1915.
Michon, LOUIS. Les traités internationaux devant les chambres. Paris, 1901.
MOORE, JOHN BASSETT. A Digest of International Law. Washington, 1906. 8 vols.
MORLEY, JOHN. The Life of William Ewart Gladstone. London, 1903. 3 vols.
MULHOUSE. Musée historique. Bulletin. Mulhausen, 1876–.
Nansen, FRIDTJOF. Norway and the Union with Sweden. London, 1905.
Norway. Unionens Oplosning 1905. Officielle akstykker vedrorende unionens-krisen og
Norgesg gjenreisning som helt suveraen stat, med latrige facsimiles og billeder. Edited
by Jakob Vilhelm Heiberg. Christiania, 1906.
Novikow, J. L'Alsace-Lorraine, obstacle à l'expansion allemande. Paris, 1913.
Nys, Ernest. Etudes de droit international et de droit politique. Brussels, 1896.
OLIPHANT, MARGARET OLIPHANT WILSON. Memoir of the Life of Laurence Oliphant and
of Alice Oliphant, his Wife. New York, 1891. 2 vols.
OLLIVIER, EMILE. L'Empire libéral; études, récits, souvenirs. Paris, 1895–1915. 17 vols.
OPPEN HEIM, LASSA FRANCIS LAWRENCE. International Law: a treatise. London, 1905-06.
2d ed. 2 vols.
O'REILLY, Rev. EDMUND J. The State of the Question as to the Pope's Temporal Power.
The Month, July-December, 1871. Vol. 15. London.
PADELLETTI, GUIDO. L'Alsace et la Lorraine, et le droit des gens. Revue de droit inter-
national et de législation comparée. Brussels, 1871. Vol. 3, p. 464.
PARTON, James. The Danish Islands: Are we bound in honor to pay for them? Boston,
1869.
PERU. Ministerio de Relaciones Exteriores del Perú. Circular sobre la cuestión Tacna y
Arica. Lima, 1901.
PHILLIMORE, SIR WALTER GEORGE FRANK. Three Centuries of Treaties of Peace and their
Teaching. London, 1917.
PHILLIPSON, COLEMAN. Alsace Lorraine, Past, Present, and Future. London, 1918.
Termination of War and Treaties of Peace, New York, 1916.
PRADIER-FODÉRÉ, Paul Louis ERNEST. L'Amérique espagnole. Chronique des faits inter-
nationaux. Revue de droit international et de législation comparée. 1897. Vol. 29, p.
660.
Traité de droit international public, européen et américain, suivant les progrès de la
science et de la pratique contemporaines. 1885–1906. 8 vols.
PUFENDORF, SAMUEL, Freiherr von. De jure naturae et gentium. Amsterdam, 1698. Trans-
lated by Basil Kennett. London, 1729.
RANDOLPH, CARMAN FITZ. The Law and Policy of Annexation, with special reference to
the Philippines, together with observations on the status of Cuba. New York, 1901.
RENAN, ERNEST. Qu'est-ce qu'une nation? Conférence faite en Sorbonne, le 11 mars 1882.
2d ed. Paris, 1882.
REID, STUART J. Lord John Russell. London, 1895.
xxxiv
BIBLIOGRAPHICAL LIST
Revue catholique des institutions et du droit par une société de jurisconsultes et de publicistes.
Grenoble, 1872. 82 vols.
Revue de droit international et de législation comparée. Brussels, 1869- Quarterly, 1869-77;
bi-monthly, 1878.
Revue générale de droit international public; droit des gens - histoire diplomatique -- droit
pénal -- droit fiscal droit administratif. Bi-monthly. Paris, 1894.
RIVIER, ALPHONSE PIERRE OCTAVE. Principes du droit des gens. Paris, 1896. 2 vols.
ROUARD DE CARD, EDGARD. Les annexions et les plébiscites dans l'histoire contemporaine.
Etudes de droit international. Paris, 1890.
ROXBURGH, RONALD F. International Conventions and Third States. London, 1917.
SAINT-GENIS, VICTOR DE. Histoire de Savoie d'après les documents originaux depuis les
origines les plus reculées jusqu'à l'annexion. Chambéry, 1869. 3 vols.
SAMPSON, DONAT. The Last Ten Years of the Temporal Power. From Mentana to the
Porta Pia. American Quarterly Review. January-October, 1899. Vol. 24.
SOKEL, ALBERT. L'Europe et la révolution française. Paris, 1889–1904. 7 vols.
SOULLIER, CHARLES. Histoire de la révolution d'Avignon et du Comté Venaissin en 1789
et années suivantes. Paris and Avignon, 1844. 2 vols.
STEPHENS, H. MORSE. A History of the French Revolution. New York, 1902. 3 vols.
STURDZA, ALEXANDRE A. C. La terre et la race roumaines. Paris, 1904.
STURDZA, DÉMÈTRE A., Charles ler roi de Roumanie. Chronique, actes, documents Bu-
charest, 1899. 2 vols.
SUMNER, CHARLES. The Duel between France and Germany. Addresses on war, Boston,
1902.
VON SYBEL, HEINRICH. The Founding of the German Empire by William I, based chiefly
upon Prussian state documents. Translated by Marshall Livingston Perrin and Gamaliel
Bradford, Jr. New York, 1891. 5 vols.
THAYER, WILLIAM Roscoe. The Life and Times of Cavour. Boston, 1911. 2 vols.
THOUVENEL, L. Trois années de la question d'orient, 1856–1859, d'après les papiers inédits
de M. Edouard Antoine Thouvenel. Paris, 1897.
The Times. London. The publication began under the title Daily Universal Register, in
1785, assuming its present title in 1788.
TKÉSAL, J. L'Annexion de la Savoie à la France, 1848 to 1860. Paris, 1913.
UNITED STATES. Compilation of Reports of Senate Commitee on Foreign Relations, 1789–
1901. Cited U. S. Senate Document No. 231. 56th Congress, 2d session.
Department of State. Papers Relating to the Foreign Relations of the United States,
with the annual message of the President. Washington, 1862-. Cited United States,
Foreign Relations.
DE VATTEL, EMMERICH. Le droit des gens; ou Principes de la loi naturelle appliqués à
la conduite et aux affaires des nations et des souverains. London, 1758.
W'allon, HENRI. Les représentants du peuple en mission et la justice révolutionnaire dans
les départements en l'an II. 1793–1794. Paris, 1890. 5 vols.
WALPOLE, SPENCER. The Life of Lord John Russell. London, 1891. 2 vols.
WESTERGAARD, WALDEMAR. The Danish West Indies under Company Rule. 1671–1754. New
York, 1917.
WHITE, ANDREW DICKSON. Seven Great Statesmen in the Warfare of Humanity with Un-
New York, 1912-.
WOOLSEY, THEODORE DWIGHT. Introduction to the Study of International Law, designed as
an aid in teaching, and in historical studies. 2d ed. New York, 1864.
reason.
BIBLIOGRAPHICAL LIST
XXXV
XÉNOPOL, ALEXANDRU D. Histoire des roumaines de la Dacie trajane depuis les origines,
jusqu'à l'union des principautés en 1859. Paris, 1896. 2 vols.
ZANECHELLI, DOMENICO. Studi di storia costituzionale e politica del risorgimento italiano.
Bologna, 1900.
ZINI, LUIGI. Storia d'Italia dal 1850 al 1866, continuata da quella di Guiseppe La Farina.
Milan, 1866–1869. 2 vols. in 4.
ZOBI, ANTONIO. Storia civile della Toscana, 1737-1848. Florence, 1852. 5 vols.
.
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.
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
clonation 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-
1 L. E. A. D. H. de la Guéronnière, Le droit public et l’Europe moderne, vol. 1,
2 Samuel von Pufendorf, De jure naturae et gentium, lib. 3, pp. 809, 831, citing Froissard,
1.4. Polyd. Virgil. Hist. Angl. 1.20.
P. 434.
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.3
The second resort to the principle was made by his successor, Henry II, 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-
4
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.
3 The account given by François Guizot, in l'Histoire 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 Guéronnière, 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.
4 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 Français 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," 1 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.” 2 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. 4
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“In partis alienatione aliud insuper requiritur, ut etiam pars de qua alienanda agitur con-
sentiat.” Hugo Grotius, De jure belli ac pacis, 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.
3 Vattel, lib. 1, chap. 21, $8 263-64.
4 The 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 à 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.), 8 641.
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 suffi-
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.1
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 history 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.1 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." 2 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-
gians, 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 Foreign 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
of 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.
* 1
12
PLEBISCITES
or
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
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
i
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.” 1 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.
3 British Parliamentary Papers, Affairs of Italy [2636), pp. 19 and 34.
14
PLEBISCITES
which Prussia sincerely concurred.1 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." 2
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.3
2
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),
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.
p. 36.
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 all 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 1 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 I, 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
1 2
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
of 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.” 1 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,
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
can
1 Metternich declared “Son gouvernement désire dans tous les cas que les populations
Moldaves puissent émettre leurs voux 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 ceşsion 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
of 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 in 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 à 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. 1
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, 1870,5 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 français, originaires des territoires cédés, domiciliés actuellement sur ces territoires,
qui entendront conserver la nationalité française, jouiront jusqu'au ſer 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 français 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, même 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 même 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
1
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
Guéronnière 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 comparće, 1871, vol. 3, p. 139, reprinted in English in his collected works. Lieber
was born in Berlin on March 18, 1800.
2 L. 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 à consulter directement les habitants des provinces contraintes
par les traités ou les lois de la guerre à 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 annexions 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.” 1
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 2 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.3 There appears to have been no devia-
Ernest Renan, Qu'est-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.
Voilà qui fera sourir les transcendants de la politique, ces infallibles qui passent leur vie
à se tromper et qui, du haut de leurs principes supérieurs, prennent en pitié notre terre-à-
terre. 'Consulter les populations, fi donc! Quelle naïveté. Voilà bien ces chétives idées
françaises 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-être, 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
l'expansion 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 Clerq, 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 codifié, $8 286 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
4
5
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 3 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, 5th 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 là une affirmation purement gratuite," op. cit. p. 73.
Felix Stoerk, Option und Plebiscite bei Eroberungen und Gebietsessionem, reviewed in
Revue de droit international et législation comparée, vol. 13 (1881), p. 106; Guido Padelletti,
“ L'Alsace et la Lorraine et le droit des gens,” Revue de droit international et législation coin-
parée, 1871, vol. 3, p. 464.
1 The following quotation from Thiers in an address to the corps législatif on March 18,
1367, 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 qui n'est 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 l'exercice de la souveraineté, l'approbation de tout
traité comportant une aliénation du territoire de l'Etat.” Henri Bonfils, Manuel de droit
international public (1st 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.
5“ Le monde civilisé n'admet plus que les destinées des hommes, qu'ils soient réunis ou
HISTORICAL SUMMARY
25
8 ܙܙ
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. 1 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.2 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.4 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 dû à
la signature des traités, celui du respect dû 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,
Parlianientary Debates, 3d series, vol. 345, p. 1311.
4 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.1 Wool-
sey, however, gives views as to alienation precisely like those of Grotius and
Pufendorf.2
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.3 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.5
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 suza
l'histoire de progrès du droit des gens de Henry Wheaton, vol. 1, p. xviii. No reference to
the doctrine is found in Lawrence, 1st 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.
3“ Désormais, pour rendre définitifs et valides la cession, le transfert ou la vente d'un
territoire, il faut que les habitants même 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 à un Estado sea válida, el consentimente espreso ó
tacito de las personas que lo habiten." Derecho internacional teórico y prático, vol. 1, § 131.
4 Calvo, Droit international (5th 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 á 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 scq. 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.3 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 entière ne peuvent être
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, Il 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 et
seq.; Danewsky, L'equilibrio politico, la legittimitá 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 français, Paris, 1880, p. 95; and F. de Martens, Traité de droit international,
(from the Russian), Paris, 1883, vol. 1, p. 469 et seq. 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.3
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.
3 Geffcken, Heffter, p. 438.
1
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.2
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
4
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 þe 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.
3 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 acconipli. 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.1
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 certainly 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 of 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; 1 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. 1
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-
ور
1 Cf. 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
1
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
1 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.2
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.
3 Documents, post, pp. 178, 182.
4 The original committee was composed of Mirabeau (the elder), Barnave, Tronchet,
3
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 on 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.4
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.
32, p. 547.
1 Cf. Documents, post, p. 185, for report by Tronchet.
2 Cf. Documents, post, 186, for decree.
3 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 measure and on May 25 voted to send three commissioners as
mediators to do all in their power to bring about a cessation of hostilities
as a necessary preliminary to taking any further decision regarding the
rights of France in the country.1
Le Scène 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 seq.
38
PLEBISCITES
proceedings or to have used a ballot. The communal assemblies met on
different days during the period between July 7 and July 24. At
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.2 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 Hôtel 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.3
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 of April and May and, being busy with the harvest, refused to
assemble again. The committee counted these as still for unión. 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 Scène des Maisons in his
answer to Maury's charges. Documents, post, p. 260.
3 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 51,873.1
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
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. 2
were
1 The question of what percentage of the total population of Avignon and the Comtat
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. 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 aristocrate 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. 4 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 Bollène 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 Drôme 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.
3“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 inhabitants.
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
1 در
4
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.3
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. The address was received with
1 Documents, post, p. 278.
2 See Documents, post, p. 281.
3 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.
5 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 Saint-Genis, vol. 3, p. 147, gives an account of the proceedings.
8 Documents, post, p. 289.
6
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.1
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 Niçois, 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
1
policy of preserving the already existing municipal bodies set up new ones
of 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 Barère 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. 3
The Niçois, 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." 5 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.
3 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.
4
6
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.1
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.2
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,3
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 conquête de la Belgique, p. 179, C. J. A. Borgnet, Histoire des
Belges à la fin du xviiie 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.
4 Le 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 revolutionnaire 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 Liège 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, post, 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.1 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, à 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.3
The masters of the policy in Belgium were the commissioners of the Con-
vention: Camus, Gossouin, Danton, Delacroix, Treihard, Merlin de Douai,
and Robert.4 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 reconnaître la souveraineté du peuple brabançon,” from the formal minutes
of the primary assemblies of Brussels, ibid., vol. 2, p. 121.
3 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, Liège 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 2
and Stavello in the Pays de Liège 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 Liège carried stipulations regarding the
national debt, indemnities and the assignats.3 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.'' 3
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 Liège. 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 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." 5 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.
3 Borgnet, vol. 2, p. 181, quotation from Chaussard, Mémoires historiques et politiques,
p. 437.
4 Borgnet, p. 200, says 80,000 citizens abstained.
o 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. I
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.2
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. 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.4 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 seq.
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.1 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, Čustine 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.3
The general administration named by Custine numbered ten members, six
for Mayence, three for Worms and one for Speier. The Mayençais, 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.4
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
2
1 H. 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.
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-
griages, 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, Wöllstein, Nieder-Olm and
Klein Winternheim.
THE RHINE VALLEY, 1793
53
1
>
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.2 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. 4
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.
1 See supra, p. 46.
2 Chuquet, Mayence, p. 92.
3 Ibid.
4 Ibid., p. 81.
54
PLEBISCITES
ous.
Opposition to this dictation of new administrative forms was at once obvi-
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. 2
The vote of Mayence was taken in six churches. It lasted from the morn-
ing of the 24th to the evening of 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.3 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 of 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. 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.
3 Chuquet, pp. 98, 100 and 101.
4 Ibid., p. 104. Chuquet quotes Forster to this effect.
o 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
it 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
of the department of 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 28. 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."
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 incorporation 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, l'Echo 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. 1
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.3
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 française," Mémoires et documents,
p. 180, quoted from l'Echo des 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.” 2
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
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.3
cause.
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 12.2 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 popular 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,2 561,002 had voted for immediate union and only 681 for
delay. 3
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, Il
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 dispatch 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):
CITY
QUALIFIED
VOTERS
VOTES FOR
.MMEDIATE UNION
DEFERRED
Milan
Brescia
Pavia
132,882
88,644
38,173
130,040
85,334
36,560
228
35
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 1. 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.3
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
ور
1 See Le assemblee del risorgimento, vol. 1, p. 200 for text.
? Bolton King, History of Italian Unity, vol. 1, p. 243.
3 Le assemblee del risorgimento, vol. 1, p. 96, quoting from Carlo Cattaneo.
4 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, “There 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.1
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.
3
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.2 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
not 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,4 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 1792,1 and had been returned to Sardinia in 1815, were to be given
back to France.
The war which had been planned at Plombières 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
1 Cf. ante, pp. 41, 43.
66
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,a 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 for 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.3
The events of the war need not be given here, nor the many explanations
of the unexpected peace concluded between Napoleon and Francis Joseph at
Villafranca. By the agreement there drawn up Venetia was to remain
with Austria, while Lombardy was ceded to Napoleon, to be in turn ceded
by him to Victor Emanuel. It is said that Napoleon made every effort to
write into this article a stipulation of a vote of the Lombard people before
the final cession. Francis Joseph utterly refused to give recognition to
such a revolutionary doctrine. The only vote in 1859 in Lombardy was
that of the municipal congregation of Milan renewing the compact of 1848,
a vote ratified in turn by the communal council.5
The cession of Lombardy was the sole concession made at Villafranca to
Italian national aspiration. Venetia was to be retained by Austria, the dukes
were to be restored to Tuscany and Modena, and the papal legates to Romagna.
Parma alone was left unmentioned.
Napoleon, on leaving Italy, had promised that there should be no armed
intervention to effect the restoration and that votes legimately expressed
1 The provisional government of Florence was appointed by the municipality on April 27.
2 The Romagna was a part of the papal territory and was administered by papal le-
gates.
3 Napoleon, on June 8, after the battle of Magenta, said, in a proclamation to the Italian
people, “I do not come among you with a preconceived system, to dispossess sovereigns or to
impose my will; my army will busy itself with only two things, to fight your enemies and to
maintain international order; it will oppose no obstacle to the free manifestation of your
legitimate desires.” Translation. For original text see Luigi Zini, Storia d'Italia dal 1850
al 1866, vol. 2, part 2, document no. 189 B.
4 Cf. ante, p. 13.
5 Documents, post, pp. 496 and 497.
6 This stipulation is not contained in the Preliminaries. It was the result of subsequent
diplomatic exchanges.
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." 2 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,
injustifiable; 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.3
1 Documents, post, p. 444. Cf. also 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 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 of the elections was
fixed for August 7. On August 1 Boncompagni in order to disarm criti-
urn
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 inay 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 of the government as say-
ing that it had been necessary to warn some of the ducal party who had shown a disposition
towards disturbance. Ibid., p. 44.
THE ITALIAN NATIONAL ASSEMBLIES OF 1859
69
1
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 3 gives the
returns as follows:
Florence
Districts adjacent
Priests in Florence
Those qualified
Voted
5,700
3,200
1,000
890
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 elections, 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.
8 Parliamentary Papers (2609], p. 54.
4 Ibid.
70
PLEBISCITES
of 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.1
Even the officers of the Tuscan army appear to have been wholly against the
restoration of the Grand Duke.2
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 A. 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 5 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.1
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.
3 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
2
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.3 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. Ibid., 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.
3 Russell to Corbett, February 6, Parliamentary Papers, Affairs of Italy, 1860, vol. 67
[2636), p. 36.
TUSCANY AND EMILIA, 1860
73
3 در
dation or emotion.1 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.2
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.” Ibid., 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 Zini, 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
1
for themselves; whatever their decision, Cavour promised, it should be re-
spected.
To block any further diplomatic maneuvres 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
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 A. 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 Zini, 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.1 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 24.3
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 l'invasion 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 Genis, 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.
1“ 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 moeurs 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'être, quel est donc
l'avenir qui lui est reservée?
st 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.
4
78
PLEBISCITES
government. 1 To the alarm at the prospect of loss of political importance
was added distrust of Cavour's further policy towards the church.2
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.3 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 3,000,4 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.
1 The 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 Plombières 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.
3 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,
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.
5 Cf. ante, pp. 43–45.
p. 346.
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, 1860.1 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.4
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.
2 As 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.
8 Documents, post, p. 552.
4 Saint Genis, R. 354.
80
PLEBISCITES
1
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. 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. 6
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.
4 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."
6 Chiala, vol. 4, p. 1xxx. 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.
4
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 Niçois, 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 votę. Latitude as to the period of domicile was
allowed those away from the city but known to be Niçois 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 mérited, 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-ännexationists 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 Leyenzo 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-
" 3
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.
Documents, post, p. 614 and table on pp. 423–5.
3 Fusinato, p. 113.
4 Documents, post, pp.435_443.
84
PLEBISCITES
1
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 polls 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 offset
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 offering 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-
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.
ever.
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, post, p. 591, does not mention France et zone 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.
3 Trésal, p. 251.
4 Ibid., p. 260.
86
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 l'Empereur." 4 In the towns they marched
by trades and fraternities. The women, too, made known as well as they
could, their desire for the union. Trésal, 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, à
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 seq.
3 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.
7 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.1
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.2 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 pressure 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 seq.
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 3 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.
3 Ibid., vol. 4, p. CXxxv, Villamarina to Cavour.
4 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
The ques-
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.2
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.
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.3 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
4
1 Documents, post, p. 635.
2 Ibid., post, p. 637.
3 Parliamentary Papers, Affairs of Italy, 1861, vol. 67 [2757), p. 134.
4 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.2 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,4 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. 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.
“ 1851
66 1852
53.19 "
23.25
Tuscany
21.17
Emilia
20.09
Naples
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, post, pp. 655 and 656.
3 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 it 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. 2
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 of 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.3 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 of 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.
3 Parlianrentary Papers [2757], p. 125.
A 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. Ibid., 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.” 1
The new kingdom was recognized by 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.2
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. 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.
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,
serving 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.
3 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.
He was
rese
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 Leboeuf, 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.
Lebæuf, 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 Lebæuf. 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.5
1 Documents, post, p. 681.
2 Documents, post, p. 686.
3 Le Assemblee del risorgimento, vol. 2, p. li.
4 Documents, post, p. 694.
5 Documents, post, p. 701.
98
PLEBISCITES
Rome, 1870
C
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.1. 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.
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 of Rome. The
further provisions of the decree are similar to those of the other plebiscites.
It 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 ufficiale 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.
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." 2
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. Tº
66 It
1 Gazzetta ufficiale del Regno d'Italia.
2 Letter of Cadorna. Le assemblee del risorgimento, vol. 6, p. lxxxii.
3 Count de Beauffort Histoire de l'invasion des États 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
1
balance the Catholic abstentions all absent Romans were suinmoned 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,4 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 Beauffort, p. 392. Guggenberger, p. 340. Donat
Sampson, op. cit, p. 170
2 Der Italienische Raubzug, p. 208.
3 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 Sanctae
Sedls, 1870–71, vol. 6, p. 216. Cf. also ibid., 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-
S
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. 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
inonths 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 all
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, 1843–1844, p. 786.
MOLDAVIA AND WALLACHIA, 1857
103
1
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 III, 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 feet
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.2
It was obvious that the first question of organization to be settled was that
1 A 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 III 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
inore 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.3 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.
3 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 1 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,4 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 Hübner,
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.
3 Documents, post, p. 733.
A 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.2
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
to a year.
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
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, 1857.1
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 serfs 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.2 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 sincèrement 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,4 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.
i Thouvenel to Walewski, Pera (Constantinople), January 4, 1857. Acte si documente,
Vol. 3, pp. 1016-1023.
2 A Moldavian measurement, the equivalent of 14,320 square meters.
3 A Wallachian measurement, about 4,990 square meters.
4 20,000 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.1
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.? 2
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.
3 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 2 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. 3
The Congress of Paris, in its anxiety fully to recognize 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 “caïmacams
caïmacanıs” 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 city, 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
but changed their name to
“committees as a result of criticism.
3 Alexandre Xénopol, Histoire des Roumains, vol. 2, p. 557.
clubs”
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 Caïmacam, 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,
Caïmacam 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
Desprès, La question des principautés danubiennes, p. 123, and Xénopol, vol. 2, pp. 564, et seq.
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.
3 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 Gazeta Moldovei, 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
5
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-
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 Caïmacam 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 Caïmacam of
Wallachia, and that this interpretation should be sent to Vogorides, “in order
rest.
p. 358.
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-
moite, 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,
“ 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 dû lui mériter la recon-
naissance et les éloges de la Sublime. Porte, et je me suis félicité dans la même mesure,
de la part que j'ai eu 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 Caïmacam, 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
vaux 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 à empêcher de toutes leur forces l'union, il ne faut guère vous inquiéter de ce
que veulent ou menacent de faire les Français dont les journaux vous traitent de Grec
Acte si documente, vol. 4, pp. 328–9.
1
114
PLEBISCITES
that the firman should be followed as accurately as possible except in cases of
conditions peculiar to Moldavia.” 1 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 Caïmacam 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 off 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.
For, extracts from the diplomatic exchanges, see Documents.
MOLDAVIA AND WALLACHIA, 1857
115
2
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 in 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.3
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 l'Europe, 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.
3 For the significant passages of the debates see Documents, post, pp. 760 et seq.
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 Diyan 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 représentatives 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. 1
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. 683_4.
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
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 — I speak in that assembly
to which, I 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.
1
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 manauvres, yet they were to have separate flags.1
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 direct 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 mancuvres 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 unacceptable to the others. Faced with the
dilemma, Great Britain acknowledged the fait accompli. 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.2 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-
nized 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. 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. 1
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 I 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 it was not
until May 22, 1881, that the coronation of Charles as King of Rumania took
place at Bucharest.
THE IONIAN ISLANDS, 1863
The year 1863 was marked by an event unique in the annals of European
diplomacy. A great empire, coveting maritime and commercial supremacy
in the East, voluntarily relinquished a most commanding position, held there
by undisputed right of treaty, and ceded to another nation what was thought
to be one of the strongest fortresses in the world; 2 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 Treaty 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; 2 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.
3. Article 3. State Papers, vol. 3, pp. 250 et seq.
4 Cf. John Morley, Life of William Ewart Gladstone, vol. 1, p. 598.
124
PLEBISCITES
1
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 liheral constitu-
tion. The size of the Assembly was increased and the election
usi
nembers
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
2
1 Kirkwall, vol. 1, p. 175.
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.
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.
3
THE IONIAN ISLANDS, 1863
125
1
mtors 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 pecial mission was dispatched to the Islands in 1859. The
mission Beaded by Gladstone, “whose renown as a Homeric scholar ”
would “justly commend him to the sympathies of an Hellenic race.” 2
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. 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.4 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 1st, 1858. Kirkwall, vol. 1,
P. 216.
3 Ibid., pp. 221--2.
4 Ibid., p. 229.
126
PLEBISCITES
3
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 Ionians 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 Ionian 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 (éanois) 2 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,” 4 nor is their attitude unique. On February 2 the Colonial Min-
ister telegraphed the Queen's reply, which was a most unequivocal negative.5
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
ور
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.
4 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 Europe. 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 seq.
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. 4
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." 5. 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
Ionian 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 1849.2 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.
3 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, tio
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 Ionian 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 it 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 Kirkrvall, vol. 1, pp. 233, 284.
2 Documents, post, p. 852.
THE IONIAN ISLANDS, 1863
131
ure,
i
only three dissenting votes, proceeded to vote a formal decree of union with
the kingdom of Greece.2 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-
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.4
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. 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.
4 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.
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 aş 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.1 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. GEERZ
From Franz de Jessen: Manuel Historique de la Question du Slesvig.
Troisième partie,
Kolding
Middlefort
DÅ N E M A R K
Stendru
Bjert
Skodborgo
Skrave
FANO
Hjortland
Qeddis
Fahrdrup
Christiansfeld
Dalby.
Wonsild Bjeri
Königs 4u
B:02
E
Ribe
Mondo
Hadersleben
Aaron Assens
ROMOS
N.Lügum
Lūgumkloster
Brede
Apenrade
Lists
Yorburg
Apentoft Uberg
O
o
Humtrup Ladelund
Hoyer o Abel
Ensted
Hostrup
Uck Feldsted
Augustenburg
SILT Nocetondern P Tondern
Klipley Quars
Buerkarl Tinglef
Rodenes.
Holeböl.
Gravenstein Sonderburg
Lugum
Newercken
Bau
Emmelsbüll
Klisbüll Karlum
Medelbye Glucksburg
Niebuil
Leck
Walsbüll
Flensburg
Lindholm
Handewitt
Stedesand
Hürup
FÖHR
N Hackstedt
°Enge
Lt, Solt
Sterup
Sorup
Gelting
Wyk
Gr. Wihe
Oversees
psgrus
Satrup
AMRUM
Dorpum wonderlin Gh. Solt!
Langeness
Tostrup
Borlum Jolderund
Grode º-Bredstedt
Sieverstodt Thrimbye
Cappeln
Eggebeck of
Boel
Ulsbyeo
. Dielsdorf
Brekļum
vs
arnis
Jörlo
Viol
Fahrenstedt
Tolk
Hoge
Hattsted
Olderup
Nübel
SCHLESWIG
PELL WORM
oSchobüll
odenbúll
Suder
Treia
sehabesing
Oratorium
Haddebye
Husum
NORDSTRAND
Eckenförde
Havetof, Norgerbrarup.
O
Nordstrar
isch
T
S
Danrewerk
Schwabtedt
Friedrichstadt
Oldenswort
Tating
Garding La
Tönningen
E
Rendsburg
Dider
W
Eider
H0 L
S TE
IN
Danois
Danois predominant sur
l'allemand
Allemand
Danois et frison
Danois et allemand en parties
egales
Frison
Danois, frison et allemand
Allemand predominant sur
le danois
Frison et 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 3 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.
3 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.2 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 undeniable 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”;1 a curiously naïve 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.3 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." 5 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 Ærö 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.
3 Documents, post, p. 871.
4 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.2 By this each
of 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 Prussian 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.
1
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.1 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.
2 In support of this statement Elberling gives several names and cites the Dagbladet
of May 10, 1848.
3 Elberling mentions especially Le partage du Slesvig by H. E. Schack and a pamphlet
entitled La question Slesviçoise by H. A. Raaslöf, (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 IX, 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.3 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.
3 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 à 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 developinent 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 Gerinan Empire, vol. 3, p. 341.
3 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,1 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.2 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 Schles-
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.
3
1 On 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.1
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 seq.
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 rightful 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.
3 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, 2
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
145
Austria, and undertook to recognize any dispositions which the said monarchs
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.2
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 for 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 Austria in their efforts to gain exclusive control
of the duchies, nor the relation of the Seven Weeks' War to Bismarck's policy of German
unity.
4 Documents, post, p. 935. See Article 5.
, . 5
5 Elberling credits Bismarck with “just and benevolent intentions.” Manuel historique,
4
P. 307.
146
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.1 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.2 Prus-
sia, refusing to modify her demands, the negotiations, in spite of the efforts
of the French government to aid 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 1867,3 to which the people of
1 Documents, post, p. 937.
2 The Haandbog i det Nordslevigske spôrgsmaals 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.
3 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.1
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." 3
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.
1 Paul Matter, Bismarck et son temps, vol. 2, p. 576.
2 Cf. Ronald F. Roxburgh, International Conventions and Third States, p. 42. Rox-
burgh cites Holtzendorff, 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.
3 Documents, post, p. 942.
4 The Danish Government has stated its support of a policy of self-determination in
4
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 of 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-
bermölle Bay and along the Krusaa south of Fröslev, so that Padoberg will be the boundary
station, then following the waterways between Slogs and Kaer herred, Skelbaek, Söndenaa,
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

From Franz de Jessen: Manuel Historique de la Question du Slesvig.
CARTE LINGUISTIQUE
89-3-Irup 50-0-0
elung Bøjskov Fjelstrup24-0-0
25-0-1Bjerning
0
45-2-1
Hoptrup 46-0-0
Juvre
47-2-0
Kongsmar?
53-0-1
Kukebyl
100-0-0
Lunderu 74-0-0
29-1-0 Lj1
32-3-7 Brunite
73-0-0, LAUNDU
Dovre
54-3-16
Københoved
Lintrup
Skodborg
48-0-1
56-0-3
194-2-19
DU SLESVIG.
Mejlby
34-0-4
Tornum
Hjerting
Langelved
Hjortvad
37-0-6 59-0-5
Plannin
Jels
69-0-5
Frørup
Ijrup
24-0-2
37-0-0
1) Slesvig du Nord: Le premier chiffre de chaque série
93-2-9
30-0-1
Kristianfeld
35-1-4
Aller
de chiffres indique le nombre des familles parlant
Rødaing
Stepping
danois dans la commune en question; le second
Hygum ะ
131-0-25
Grønneboel
(-__-32-1-2
Orsted Lert
Andrup
Stubbum
47-0-0
116-0-11
Refs
chiffre représente le nombre des familles bilingues,
1.
65-1-11
Fasled
45-1-3 29-0-1 16-0-4
Brendstrup
19-0-0
Favervraa #vindetip
Anslet
44-0-0
et le troisiéme celui des familles de langue allemande.*
83-1-0
50-0-1
49-1-8
Sommersteil Bjerndrup
57-3-0
51-0-1
Knud
Ø.Lindel
2) Slesvig du Sud: Pourcentage des habitants de
Fol
Dæenvad
\1-0-1 Hjerndrup
72-0-8
112-0-8
Seggelund
72-0-4 Gramgd.
lanque danoise.
42-0-5 Kastvraa
43-0-2
31-0-0 65-1-0
12-0-0
29-0-0
Simmersted Bramdrup
V.Lindel
Endrupskov
42-1-1 Sillerup Ordy
* The text (p. 341) states that the numbers under (1)
46-0-0
S4-0-0 Errigsted 32-0-3
36-0-2
43-1-1
45-0-0
Magstrup
Mollrup
Vonsbal
apply to the families owning land.
Boek
18-0-2
Gramby.
Joegerup 79-0-0
33-0-0
Ladegd. 49-0-0
47-1-3
59-2-8
Nustrup
63-0-2
Gi.Haderson
24-0-3
Fridding
Tiset
Kastrupskibelund 57-0-0
Aastrup vistrup
Aars
Slyding
Roager Spandet
60-0-2
62-0-2/37-0-1
86-0-1
Vojens
34-0-4
55-0-2
354-1-08
Hajstrus
Fredsted derslev By
87-0-4
84-1-3
44-0-0
Gabol
Kolsnap
44-0-4
Højrup
( 17-0-0
46-0-0
5.otany
Hammelev
Grarup
29-0-0
---44-0-1
Lundhng
Øsby Flovt
Rejsby
108-1-2
Skrydstrup
Aabgi
61-0-1
15-0-2
20-0-1
Erlev
43-0-1
44-0-045-0-0
77-0-0
32-0-1
Gmi. Ladegd.
101-0-3
23-1-0 Vandling
Sod
Todder
Stenderup
55-0-1
Gaansager
59-0-0
Mastrup
Havervad
Tislund Hjarturo
9-0-2
75-0-2
48-0-0
58-0-3
Hejsager
32-0-0
28-0-2 33-0-0
69-1-2
Ustrup
N.Vilstrup
Bils
Halk
38-1-1
Allerup
Over Jersdal
80-0-0
Kestrup 29-1-1
Gøtrup
Arnlund Høgelund
164-0-8
Bevtoft
Kelstrup
55-0-0
30-0-1
26-0-0
52-0-0
18-0-0
нфnning
Toftlund
30-0-0
S.Vilstrup 43-1-0
Astrup
Hyrup
Auker
Vejlgi 69-1-2
Strandelkjort
42-0-0
47-0-1
65-1-2
V. Gasse Ø. Gasse
43-0-0
33-1-0
29-0-0
23-0-0
26-0-0 68-0-1
54-0-0
Arrils
Skovby
Skærbæk
Djerne
Rurup Gestrup
NİHjaru
71-0-1
64-0-0
180-1-12
36-0-0
37-0-0 28-0-0
| 17-0-2
Hovslund
Sondevalle
Oilersbøl
Rost
Rangstrup
39-0-0
16-8-2)
Døstrup Vinum Overov
Branderup Agerskov
27-0-0
Genner
15-0-0
Rugbjærg
93-1-0
66-0-0 29-0-0 15-0-0 Kløjing
78-0-0 92-0-0
39-0-0
72-0-1
Barsy
Mjolden
Mellerup
$.Lygum
Drengsted Lavrup| 21-0-0 M.Lygum
torsbyg
17-0-0
53-0-0
29-0-1-
43-0-0
Bovlund
36-0-0
54-0-0
27-0-0
17-0-0
Bodum
Andholm
Ballum
Løjtved
61-0-0
V.Terp
Barserk
Randrup
uning
206-0-0
19-0-0
Vollum
22-0-0
Hellevad 10-0-0
Risljamun
43-0-8 Avery
133-1-1
42-2-1
Brslev
Lygumgde Landeby
N.Hostrup 28-1-0 Rødekro
23-0-0
Tøgebjærg
24-0-0
35-0-1
28-1-0
roingsnik
.Terp Bested 14-0-0
Bredebro 28-0-0
Hydevad 99-1-0
23-1-0
Honkys
12-1-0
Ris
Stollig Skovby
11-3-4
22-1-1 57-0-1
Harris
Klovloft 9-0-1
Mjøls
Pøl
Skast
54-3-1 1
Lygumkloster
39-0-0
32-2-3
Brede
24-0-4
38-0-0
15-0-0
40-0-0
28-1-1
34-2-0
47-0-0
Haarbæk
Holm
40-0-0
Havnja
169-9-24
Søst
38-0-0
Nordborg
N.Enlev
Borrig Aaspe
(16-0-0
Korup
31-0-11
122-1-1
38-0-0
144-6-14
Ellum
Kaso
N.Alslev
58-0-0
22-0-0 Hjorikær bedrag
--20-0-0
28-0-0
S.Enler
Lunden
Serpsted
Svenstre
48-0-0
27-0-0
S. Alslev
23-0-0
N. Sjerslev
Hejsel
Fogdrup
17-0-0 Aarsle
12-0-0
Varnæs
44-1-0
12-0-0
102-0-0
Assit
3-0-0
Søderup
28-1-0
Sølsted
31-0-0 Jolderup
Brovalle
15-0-4
Ravsted
Visby
Brandsbøl
15-0-1
124-2-0
0.1 jst
2-2-2
14-0-0
Nyυρι
Atslev
45-0-0
Telstedsisov
92-0-0 Helva
44-0-1
Slubbæk
S. Sjer'slev
49-1-0 Havsted
127-0-0
Tykskov
V.Højst 39-0-0 Hynding
Høgslund
7-0-1
18-0-1
17-0-0
Guderup 88-0-0
29-0-0
Gerup
Skovbølgd.Bovrup
91-0-0
72-0-5
13-0-0
16-1-0
10-0-0
Enerlev 72-0-2
Kaved Mellerup
Vollerup
IIorns
Notmar
Dynved 90-0-1
19-1-1
25-0-0
Ma asioi
13-0-0
Venemøse
13-1-0'
25-0-4
Ο Blans
64-0-0 Koergaard
21-0-0 Bjolderup Bollerslen
87-0-0 i
S.Hostrup Felsted Svejrup
stolbro 58-0-0
Abild
6-1-1
6-0-0
125-0-1
28-1-0 Daler Østerby
24-0-1
Boltum
Egen
Bøgvad søvang
76-9-1
53-0-0
32-0-0
14-0-0
63-0-1
Snogbo
117-0-0
67-0-1
32-0-0
75-0-2 sserlllerskov
St. Emmerske
16-1-0
50-0-0
Ullerup
Traasbdi
8-0-0 16-0-0 Saatrup
Højer
Todsbol
Uge
Tumbid
evvele, Ketting Asserballe 70-0-0
16-3-0
74-1-0
32-0-0
Gallehus
184-20-10
60-0-0 Bpjskov 80-1-1
21-0-0
20-0-0
Heds
71-1-4
70-0-Grøngroft
I. Emmerske
Saalrup
52-1-2
38-0-0
Bønderby 76-0-0 Tvedl
Koer
(
På gustenby Bro
.
Søgaard
26-0-0
140-0-0
25-0-0
28-1-2
52-0-1
33-2-0
15-2-0
57-8-18
18-1-0
24-0-0
28-2-0
24-0-1
Kiplev
32-0-1
49-0-1
Ladegdsskou
49-1-1
Duborg
84-0-1
25-1-5
stavda Ulkelpa
Mjang
Møgeltønderi Tofler
Erlebjæry
Kver's
Bjerndrup 86-1-1
21-0-1
V temp
Jejsing
Rørkær
39-0-0
10-0-1
Stemmild
48-2-2
Tinglev
Lundtoft
24-0-0 55-0-2
32-0-0
Bov
Frederiks Koge
105-0-1
48-0-0 Mummyle
Hajstrup
39-0-0
54-3-2
Sundsmark 56-1-0.
67-0-1
63-1-0
Budbol
9-0-0
22-0-1
63-4-7
34-4-0
Majogi
17-0-0
Perbol
Lambjærg
Torsbøl
72-12-22
29-0-1
63-1-2
34-2-0
' 48-3-0
Nolde
Fitstek
Kravlund
18-0-0
19-1-1
9-0-0
Spaderborg ribel Mintebjerg Lebør
Sarup
33-0-1
Ved Aaen
Sæd Grøngaard 6-0-1 Burkal
Ubjærg
Dybugt
31-0-1
Slade
40-1-4
Stoltetund
gernsunce Smøl
38-0-0
--10-0-1-
68-0-0
60-2-3
17-0-1
04-2-1
Holbør
95-1-1
Gelaa
29-0-0 24
15-0-1
Boglum
Lyrsholm
15-1-0
70-5-3
94-12-18
Hokkerup
38-1-0
Lgsabilid
Klinting
15-0-5
Mdences
Skots031
Aventoft
Ø.Gejt
Elhoved
Bækken
40-0-0
•4-0-1
100%
98-0-0
Rens Jyndevaa 21-0-1
97%
100%
17-1-0
21-1-3 Dy
Skovby
59-0-1
Vimmersbøl
38-0-4
16-0-0
29-5-3
Broajer
58-0-1
Sofiedal
Vejbæk
15-0-2
42-0-0
Sunderbi
56-2-1
Nykirke
?
12-0-0
141-4-5
Hønsnap
68%
23-1-4
Tyler Wylmark
74-0-0Nygaard
Humtrup S.Lygum
N.Smedby
39-4-5
Gammelgab
100%
Vestre
60-6-1 17-1-0
55-0-0
?
Ladelund
Bøgelund Kragelund
98%
12-2-6
Kollund
S-0-0
96%
100%
30-6-6--
'Bramsted
Brarup
Vesby
Krusaa
Bov
17-4-12
87-0-3
100%
100%
94%
Jarlund
Frøslev
12-2-2
26-2-15 kubemolle
Boversted
96 %
92%
Nyhus
Bodsbøl
Medelby
91%
76%
12-2-23
76%
Holt
88 %
Ellund
Tinningsted
80%
Harreslen
75%
Klægsbøl 94%
Lilhorn
Østerby
70%
65% Bolsbøl
72%
75%
Gotru pel
80%
Agtrup
100%
Lole
Valsbal-Mejn
Flensborg
?
Timmersig
Sprakevgi eto.
Skovlund 81%
? Hanved
61%
96%
Hørup
?
Stadum
FRISLAND
70%
Vedding
58%
N.Haksted
Hyllerup ?
82%
?
Lindaa L.Vi
Havrup
96% 67%
Kisbrig
?
St.Vi
90%
Voxber
95-1-0 50-0-0
42-1-stevning
Holm
7-0-3 meá agerGaaskor
Imekager Gaaskoer 9-0-2-52-0-5
Hunslev Amsted
12-0-0
Bredevaj21-0-0
Hostrup Solderur Lund Lendemark 15-1-0 Terketakse Lavtrup
112-0-1 A vnbøl
63-07Lettingskov
Ladega 4-0-1
A51064-0-1 Stenderup
Gras30-2-0)
Nybøl Ragobør
??
Broderur 14-1-5
Eggebæk 26-0-0
6-1-2 Ø.Gej
Kelstrups88-4-4
Hipotongan
sted
Læksgde Karlum 83%
ANGEL
81%
Lyngvraa
75%
Skovboll
Sillerup
71%
Hjoldelund etc. 87%
86%
O
Lyngstel Ostenada
80%
73%
LL POATES & Co., N.Y.
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.1
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.
THE ISLANDS OF ST. THOMAS AND ST. JOHN, 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.
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
1
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. 1
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.
3 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.1
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.2 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 it 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 Northern 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.
2 Documents, post, p. 948. Article 3.
3 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. 3
It now remained to take the vote. On October 1, before the treaty had
1 Documents, post, p. 959.
2 Documents, post, p. 959.
3 Documents, post, p. 960.
ST. THOMAS AND ST. JOHN, WEST INDIES, 1868
153
1 و
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 commissioner, 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 by 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. 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.1 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.2
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.
Either 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.3
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.
3 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 accrue to France
fro 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,
shall vote for it the more willingly as it recognizes the right of plebiscite in its
full extent,
”? 3 and with a vote of 425 to 8, the Chamber adopted the resolution.
1
6. We
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.
3 Translation from Annales du Sénat et de la Chambre des Députés, Session ordinaire
de 1878, vol. 1, p. 151.

73°
72°
71°
Dam Titica
DEPARTMENTO
DE
TACNA
Desaquadero
DE PARTMENT
D E
PUNO
1901
PAMPA BARANCHACA
La. Istucha y Tutupaca
MORRO
SIQUICAPIA
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ILABAYA
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MOQUEGUA
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+ INGENIO
+
DEL
QDA.
+ voas
Maupe
CERROS CHIN
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R A
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izate
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0
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Pistala
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ESTIOOP
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Talebaya
LOCUMBA
Malpaso
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JARICA
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CAMINO
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Ρ Α Μ Ρ Α
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ass de ultitta
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la
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de
CHIAGAYA
Co.Arentique Co.Paquiza
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+
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Co.Llizcayat
Co.Anacarine
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CODPA
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R
Ρ Α Μ Ρ Α
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Ptal Madrid
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19
19
Tanca
ze
Co.Mamaihuta
CAMARONES
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Q.Mayo
A
CAMINO de NAUTA
minimine
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LEYENDA
Paraparane
Cuja
Oda. de
Quebrada de Chica
Chira
Limite Internacional.
Limite de la Provincia de Tacna conforme al tra do de Ancon
Ptal Gorda
TERRITORIO PERUANO CEDIDO A CHILE EN EL TRATADO DE ANCON
Limite del territorio ocupado indebidamente por Chile.
Limite de Departamento.-
Limite de Provincia --
Caminos
Capital de Departamento -
" Provincia
" Distrito
PISAQUA
Ptal Picha
Pta. Richard
Ferro Carril
Dolores
L.L. POATES CO., N.Y.
73°
72°
71°
From Ministerio de Relaciones Exteriores del Peru, Circular Sobre la Cuestion Tacna y Arica
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 Tarapacà outright to Chile. She did not, however, cede the
provinces of Tacna and Arica, 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.1
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 2 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 Señor 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.
3 Mr. Frelinghuysen to Mr. Logan, June 26, 1882, Documents, post, p. 985.
158
PLEBISCITES
1
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.2
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 Årica. The plebiscitary clause in the Treaty of Ancon
was certainly not due to the idea that there was any appreciable desire for
annexation 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-
1 Letter 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.
3 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 seq., 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.1 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 difficulty. 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
i Egaña, p. 85; Maurtua, p. 181.
2 Pradier-Fodéré, article in Revue de droit international et de législation coinparée,
voi. 29, 1897, p. 660. Maurtua, p. 182, says that the proposal came first, from Chile and
that the Peruvian Congress repudiated it.
3 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, Tarapacá, 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.1 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 Septeinber 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.
3 Ibid., p. 250. It is said that this persecution has resulted in the emigration of some
18,000 families to Peru.
4 Cf. the circular note to the Peruvian representatives in foreign countries, published
in English in pamphlet form by the Peruvian Department of Foreign Affairs, November
3, 1900.
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, 1902.2
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.4 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 camibiadas 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 Argentiną. 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.
2 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.
3 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. 1
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.2 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 à propos de cet article. Notre Déléga-
tion au moment de signer la Convention de 1899 pour le règlement pacifique des conflits
internationaux l'a fait sous la réserve que l'adhésion de son Gouvernement en
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.
ce que
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 4123 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 même 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.
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. 1
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. In view of the shortness of the time certain
1 Documents, post, p. 1051.
2 Documents, post, pp. 1053 et seq.
3 The electoral qualifications in Norway in 1905 allowed all male citizens over 25 to
1
168
PLEBISCITES
or
no
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
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.2
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.3
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.
3 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." November 12, 1789.1
L'Assemblée nationale, instruite des The National Assembly, informed
titres et droits que le comté de Pro- as to the titles and rights which the
vence a sur le comté Venaissin, sur les County of Provence enjoys over the
ville et Etat d'Avignon, et que, par Comtat Venaissin and over the City
le comté de Provence, les rois de and State of Avignon, and which,
France ont sur ces pays; tenant pour through the County of Provence, the
maxime fondamentale que les do- Kings of France enjoy over these ter-
maines de la couronne sont inalié- ritories; holding it as a fundamental
nables, à moins que la nation n'accède maxim that the domain of the crown
ou n'approuve leur aliénation; que is inalienable, unless the nation assents
les peuples, provinces et villes ne peu- to or approves of such alienation; that
vent être échangés, cédés ou vendus peoples, provinces and cities can not be
sans leur consentement; s'étant con- exchanged, ceded or sold without their
vaincue que la nation provençale n'a consent; convinced that the Provençal
approuvé, dans aucun temps, l'aliéna- nation has not at any time approved of
tion illégale et faite à non domino du the illegal alienation of the Comtat
comté Venaissin, des ville et Etat Venaissin made non domino, of the
d'Avignon, parties intégrantes de la City and State of Avignon, integral
souveraineté de Provence; voyant parts of the sovereignty of Provence;
d'ailleurs dans les annales françaises in view, moreover, of the claims
les réclamations que plusieurs mo- which several monarchs have made in
narques ont faites pour être remis the annals of France for the posses-
en possession de ces pays possédés par sion of these countries, held by the
les papes, sans titre valable et légi- Pope without good and legal title, has
time, a déclaré et arrêté:
declared and determined :
1 Archives Parlementaires, 1st series, vol. 10, pp. 4 and 213.
174
DOCUMENTS
1° Que le Roi sera prié par l'As- 1. That the King shall be requested
semblée nationale, représentée par son by the National Assembly, represented
président et six de ses membres qui by its president and six of its mem-
lui seront députés à cet effet, de don- bers, who shall be appointed for the
ner des ordres à son ambassadeur à purpose, to instruct his ambassador at
Rome, pour réclamer, sur-le-champ, Rome to at once enter a claim for the
le comté Venaissin, les ville et Etat Comtat Venaissin and the City and
d'Avignon, et en obtenir la restitution, State of Avignon, and to obtain ami-
à l'aimable, dans quinze jours, au plus cable restitution of them, within fif-
tard, à compter du jour de la récep- teen days at latest, dating from the
tion des ordres de Sa Majesté. date of reception of His Majesty's
orders.
2° Que si Sa Sainteté se refuse à 2. That if His Holiness should re-
faire cette restitution sous l'offre d'in- fuse to make this restitution in return
demnité, s'il y a lieu, laquelle ne for an indemnity, should there be oc-
pourra excéder la somme d'un million casion for it, which shall not exceed
de livres, monnaie de France, Sa Ma- the sum of a million livres, in French
jesté sera priée de prendre d'abord money, His Majesty shall be re-
après l'expiration des susdits quinze quested, on the expiration of the
jours possession à main armée du aforesaid fifteen days, to take imme-
comté Venaissin, des ville et Etat diate forcible possession of the Com-
d'Avignon, et d'y établir le régime tat Venaissin and the City and State
politique, civil, ecclésiastique et mili- of Avignon, and to establish there the
taire qui va être établi dans tout le political, civil, ecclesiastical and mili-
reste de la France.
tary régime which is to be established
throughout the rest of France.
3° Qu'au moyen de ce, le comté 3. That by this means, the Comtat
Venaissin, les ville et Etat d'Avignon, Venaissin, and the City and State of
avec tous leurs droits, appartenances Avignon, with all their rights, appur-
et dépendances, seront irrévocable- tenances and dependencies, shall be ir-
ment et resteront à jamais réunis au revocably and forever united to the
comté de Provence, et par lui à la County of Provence, and through it
France;
to France.
4° Que cependant, et jusqu'à ce que 4. That meanwhile and until the
la restitution du comté Venaissin, des restitution of the Comtat Venaissin,
ville et Etat d'Avignon, soit accordée and of the City and State of Avignon
et la réunion achevée, tous les pri- shall be made and the union effected,
vilèges dont les habitants desdits comté all the privileges which the inhabitants
et Etat jouissent en France, toutes of the said Comtat and State enjoy in
les pensions, tous les dons, traite- France, all the pensions, all the dona-
ments, gratifications et émoluments, tions, salaries, gratuities and emolu-
AVIGNON AND THE VENAISSIN, 1791
175
les concernant, de quelque nature ments attached thereto, of whatever
qu'ils soient, toutes les places et dig- nature they may be, all the positions
nités, tous les emplois, grades dont and dignities, all the employments and
les Comtadins et les Avignonais sont ranks held by the Comtadins and
revêtus dans les villes, corps, corpo- Avignonais in the towns, bodies, cor-
rations et chapitres de la France, sont porations and chapters of France, are
suspendus; les revenus des bénéfices suspended, and the revenue of the ben-
qu'ils possèdent en France seront ar- benefices which they possess in France
shall be stopped.
5° L'Assemblée nationale se réserve 5. The National Assembly reserves
de modifier, étendre, ou révoquer les the right to modify, extend or revoke
dispositifs contenus dans l'article ci- the provisions contained in the above
dessus, s'il y a lieu, et suivant l'exi- article, if it should be expedient, ac-
gence des cas. 1
cording to the exigencies of the case.
rêtés;
Address of the Parishes of the Comtat Venaissin in Answer to the Motion of
M. Bouche, November 16, 1789 2
1
MESSIEURS,
GENTLEMEN :
Informés de ladite motion pour le Informed of the said motion pur-
réclamer, le Comtat Venaissin, croy- porting to annex the Comtat Venais-
ant édifier cette respectable assemblée, sin to France, the parishes of the said
et donner un témoignage authentique Comtat, for the edification of this
envers leur auguste souverain; con- honorable assembly and as a formal
sidérant, que le seul fondement légi- testimony to their august sovereign,
time de toute acquisition et revendi- declare that: considering that any
cation de la souveraineté est le claim or assumption of sovereignty
consentement libre du peuple, et que can be lawfully founded only on the
sa volonté doit être manifestée avant free consent of the people and that the
qu'il passe sous aucune autre domina- expression of their will must precede
tion; considérant encore qu'un peu- any change of government; consider-
ple, cédé par un acte où il ne serait pas ing, moreover, that a people handed
intervenu, se regarderait comme aban- over by proceedings in which it has
donné, et ensuite maître de disposer had no part would consider itself
de lui-même, des hommes ne pouvant abandoned and thenceforth master of
être trafiqués comme de simples pro- 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
DOCUMENTS
priétés mobilières et territoriales; en- bought and sold like mere lands and
fin, persuadés qu'une réclamation se- chattels; persuaded, in short, that such
rait d'un exemple funeste, puisqu'au a claim would constitute a fatal prece-
mépris des traités les plus solennels, dent, since, in violation of the most
elle n'établirait pour toute règle que solemn treaties, it would set up the
celle de la force et de la violence, et law of might and force and expose
exposerait la nation qui l'aurait témé- the nation using it to spoliation of its
rairement adoptée, à se voir dépouillée, fairest provinces by the same meth-
par la même voie, des meilleures por- ods; they, the parishes of the Comtat
tions de son empire; ils regardent la Venaissin, regard M. Bouche's motion
motion de M. Bouche comme attenta- as contrary to the law of nations and
toire au droit des gens et contraire to the principles of the Assembly of
aux principes de l'Assemblée dont il which he is a member. They declare
est membre: ils déclarent, en présence in the presence of the Supreme Being
de l'Etre suprême, que rien ne saurait that nothing can absolve them from
les délier jamais du serment de fidé- their oath of loyalty to their lawful
lité à l'égard de leur légitime souve sovereign, a loyalty the more unalter-
rain, fidélité d'autant plus inaltérable, able in that it is assured by the mod-
qu'elle repose sur des bases assurées, eration and liberality with which they
la modération et la générosité avec have been governed for more than five
lesquelles ils sont gouvernés depuis centuries and by the preservation
plus de cinq siècles, et sur le main- of their privileges and immunities.
tien de leurs privilèges et immunités. They protest before the universe
Ils protestent, à la face de l'univers, against all treaties made without their
contre tous traités faits à leur insu et knowledge and their direct, public par-
sans leur intervention directe et no- ticipation, purporting to dispose of
toire, et où l'on disposerait d'eux sans them without their previous consent
un consentement préalable, et sans une or subsequent ratification.
ratification subsequente.
Au surplus, les citoyens assemblés Moreover, the citizens here assem-
ne pouvant en ce moment réunir le bled, unable at this time to secure a
vau général, et ne voulant pas se general consensus of opinion, and not
contenter d'un vou partiel dans une satisfied with a partial vote in a mat-
affaire d'une aussi grande importance, ter of such great importance, have de
ont arrêté que la présente délibéra- cided that these resolutions shall be
tion sera imprimée et adressée à toutes printed and sent to all the communes
les communautés de cette province, en of this province with a request that
les invitant à la faire ratifier par le they have the same ratified by the
Corps législatif, et à faire parvenir legislature and that they send back as
au plus tôt un extrait conforme de soon as possible a copy of their reso-
leurs délibérations.
lution.
AVIGNON AND THE VENAISSIN, 1791
177
The French Nation Renounces Conquest. Decree Concerning the Right of
Making Peace and War. May 22–27, 1790 1
ART. 1er. Le droit de la paix et de ARTICLE 1. The right of making
la guerre appartient à la nation. peace and war belongs to the nation.
La guerre ne pourra être décidée War may not be determined on ex-
que par un décret du Corps Législatif, cept by a decree of the legislative
qui sera rendu sur la proposition for- body, which shall only be rendered
melle et nécessaire du Roi, et ensuite on the formal proposition of the King,
sanctionné par Sa Majesté.
and afterwards sanctioned by His
Majesty.
2. Le soin de veiller à la sûreté ex- 2. The duty of watching over the
térieure du royaume, de maintenir ses external safety of the kingdom and
droits et ses possessions, est délégué of maintaining its rights and its pos-
au Roi par la constitution de l'Etat; sessions is delegated to the King by
ainsi, lui seul peut entretenir des re- the constitution of the State ; thus he
lations politiques au dehors, conduire alone may hold political relations
les négociations, en choisir les agens, with foreign states, conduct negotia-
faire les préparatifs de guerre propor- tions, choose agents, make prepara-
tionnés à ceux des Etats voisins, dis- tions for war in proportion to those
tribuer les forces de terre et de mer, of neighboring states, make such dis-
ainsi qu'il le jugera convenable, et en tribution of the forces on sea and on
régler la direction en cas de guerre. land as he shall consider suitable, and
control their direction in case of war.
3. Dans le cas d'hostilités immi- 3. In case of hostilities being immi-
nentes ou commencées, d'un allié à nent or already begun, of an ally to
soutenir, d'un droit à conserver par la uphold or a right to be maintained by
force des armes, le pouvoir exécutif force of arms, the executive must
sera tenu d'en donner, sans aucun give notification to the legislative body
délai, la notification au Corps-Légis- without delay, and must acquaint it
latif, d'en faire connaitre les causes with the causes and the reasons; and
et les motifs; et si le Corps-Législatif if this legislative body is not in ses-
est en vacance, il se rassamblera sur- sion, it shall reassemble immediately.
le-champ.
4. Sur cette notification, si le Corps- 4. On receipt of this notification,
Législatif juge que les hostilités com- if the legislative body is of the opin-
mencées soient une agression cou- ion that the hostilities already begun
pable de la part des ministres ou de are a culpable aggression on the part
quelque autre agent du pouvoir exécu- of the ministers or of any other
tif l'auteur de cette agression sera agent of the executive, the author of
1 Duvergier, Collection Complète des Lois, vol. 1, p. 191.
178
DOCUMENTS
poursuivi comme criminel de lèse- this aggression shall be prosecuted for
nation; l'Assemblée nationale décla- the crime of an affront against the
rant à cet effet que la nation française nation; the National Assembly mak-
renonce à entreprendre aucune guerre ing a declaration to the effect that the
dans la vue de faire des conquêtes, et French nation renounces the under-
qu'elle n'emploiera jamais ses forces taking of any war for the purpose of
contre la liberté d'aucun peuple.1 conquest, and that it will never em-
ploy its forces against the liberty of
any people.
5. Sur la même notification, si le 5. If on the same notification, the
Corps-Législatif décide que la guerre legislative body decides, that the war
ne doit pas être faite, le pouvoir ought not to be waged, the executive
exécutif sera tenu de prendre sur-le- shall be obliged to take immediate
champ des mesures pour faire cesser measures to stop or to prevent all hos-
ou prévenir toutes hostilités, les mi- tilities, the ministers. remaining re-
nistres demeurant responsable des dé- sponsible for any delays.
lais.
6. Toute déclaration de guerre sera 6. All declarations of war shall be
faite en ces termes: De la part du
De la part du made in this form: On the part of
Roi des Français, au nom de la na- the King of the French, in the naine
tion.
of the nation.
.
Formal Minute of the General Council of the Commune of the City of Avignon.
June 12, 1790 2
L'an mil sept cent quatre-vingt-dix In the year 1990 and on the 12th
et le douzième jour du mois de juin, day of the month of June the General
le conseil général de la commune Council of the Commune being assem-
étant assemblé dans la salle du con- bled in the council hall, after due con-
seil, après due convocation, M. Lami, vocation, M. Lami, municipal official,
officier municipal, présidant le conseil 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-
çaise renonce à entreprendre aucune guerre dans la vue de faire des conquêtes, 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.
AVIGNON AND THE VENAISSIN, 1791
179
en l'absence de M. Blanc et de M. le sence of M. Blanc and of the Mayor,
maire, M. Peyre, autre officier munici- M. Peyre, another municipal official,
pal, a exposé que dans le temps que la has stated that during the time de-
municipalité et le comité des re- voted by the Municipality and the
cherches s'occupent à suivre les traces committee of investigation to the fol-
des noirs complots, dont les suites lowing of the clues of black conspir-
désastreuses ont été fatales à nombre acies, whose disastrous effects have
infini de citoyens dans la journée du been fatal to countless citizens during
10 courant, comme il se verra par le the 10th day of this month, as is evi-
verbal qui se dresse à mesure qu'on dent from the report to be drawn up
parvient à découvrir les crimes mul- after the discovery of the multitude
tipliés de cette malheureuse journée. of crimes of that unhappy day. Sev-
Plusieurs personnes, inculpées d'être eral persons, accused of being lead-
chefs ou fauteurs de ces crimes ers or abettors in those atrocious
atroces, ont été arrêtées à la clameur crimes, have been arrested in re-
publique, et déjà même le peuple sponse to the public clamor; and al-
justement indigné contre celles d'entre ready the people, justly indignant
ces personnes qu'il croyait les plus against those amongst the number
coupables, a exigé et commandé leur who are considered the most guilty,
supplice et s'obstine d'autant plus à have required and commanded their
faire continuer l'exécution des autres punishment and are the more deter-
personnes arrêtées, qu'il s'imagine ne mined to cause the execution of the
pouvoir obtenir justice dans l'état other persons arrested to be continued,
d'anarchie où la négligence, et peut- because they imagine that justice can
être même la connivence du gouverne- not be obtained during the state of an-
nous laisse depuis plusieurs archy in which the negligence and per-
mois. Que pour mettre ce peuple plus haps even the connivance of the gov-
à portée d'obtenir cette justice par des ernment has allowed us to remain for
voies régulières, la municipalité a pris some months past. That to put the
le parti de convoquer une assemblée people more in the way of obtaining
générale des citoyens par districts, this justice by regular methods, the
dont les délibérations ont été mises sur Municipality has convoked a general
le bureau par MM. les présidens de assembly of citizens by districts,
chacun d'iceux, et a requis être fait whose deliberations have been placed
lecture desdites délibérations; ce qui 'on the bureau by the president of each
ayant été fait par nous notaire, secré- district. The Municipality has re-
taire-greffier de la commune soussigné, quired that the said deliberations be
il a été reconnu qu'il a été délibéré read; this having been done by our
à l'unanimité, dans chacun des dis- notary, recording secretary of the
tricts, que la nation avignonnaise et commune, whose signature is below,
les Comtadins sont libres, souverains it has been recognized that it has been
ment
180
DOCUMENTS
et indépendans; qu'en conséquences la deliberated unanimously by each of
ville d'Avignon et ses dépendances the districts that the Avignonais na-
qui n'ont pu être séparées de la na- tion and the Comtadins are free, sov-
tion française, y seront réunies. A ereign and independent; that, in con-
l'effet de quoi, M. le Maire et officiers sequence, the City of Avignon and its
municipaux sont requis de faire ar- dependencies which could not be sepa-
borer sur le champ les armes de rated from the French nation, are
France, en faisant déplacer préalable united to it. By reason of which the
ment celles du St-Siége, avec le re- mayor and the municipal officials are
spect dû a sa Sainteté, comme chef required to at once display the arms
visible de l'Eglise; de charger MM. of France, first displacing those of the
Peyre et Duprat, le premier, avocat; Holy See with the respect due to His
le second, négociant, officiers munici- Holiness, as visible head of the
paux déjà nommés par la précédente Church; and to instruct MM. Peyre
délibération du Conseil général de la and Duprat, the former a lawyer, the
commune, de se transporter conjointe- latter a merchant, municipal officials
ment avec M. Tissot aussi avocat, pro- already appointed by the preceding
cureur de la commune, et nous greffier deliberation of the Communal Coun-
secrétaire d'icelle, sans retard à Paris, cil, to repair to Paris at once and with-
pour faire auprès de l'auguste assem- out delay in company with M. Tissot,
blée nationale et du Roi des français, likewise a lawyer, and communal
toutes les démarches nécessaires, à attorney and recording secretary of
l'effet d'obtenir l'acceptation de cette this body, to take all measures before
réunion, et traiter tout ce qui con- the august National Assembly of the
cerne les intérêts de notre ville; sur King of the French, which may be
quoi ledit sieur Tissot, procureur de necessary in order to obtain the accep-
la commune a requis, qu'attendu que tation of the union, and to negotiate
cette délibération est unanime, elle regarding everything which concerns
fût mise à exécution sur le champ; et the interests of our City; on which the
en conséquence les armes de France Sieur Tissot, communal attorney, has
ayant été placées sous un dais, le Con- required that in view of the unanimity
seil général précédé d'un détachement of this deliberation it should be at
des gardes avignonaises et des grena- once put in execution; and in conse-
diers, de la garnison de cette ville, et quence the arms of France were placed
de la musique militaire, a accompagné' under a canopy and the general coun-
le susdit dais, suivi d'un autre détache- cil, preceded by detachments of Avig-
ment, s'est rendu au palais, où lesdites nonais guards and grenadiers of the
armes ont été arborées sur la pre- garrison of this city, and of the mili-
mière porte d'entrée, et en même temps tary band, accompanied the aforesaid
celles du St-Siége ont été enlevées res- canopy, and followed by another de-
AVIGNON AND THE VENAISSIN, 1791
181
pectueusement, placées sous le même tachment, repaired to the palace, where
dais, et accompagnées par le même the said arms were displayed on the
cortège à la maison commune, où first entrance gate, and at the same
elles ont été déposées dans un endroit time those of the Holy See were re-
décent; et pour l'entière exécution spectfully removed, placed under the
desdites délibérations, le conseil a au- same canopy and, accompanied by the
torisé le bureau de régie à fournir des same procession, were carried to the
mandats sur le trésorier de la com- communal hall, where they were de-
mune pour la dépense de la susdite posited in a proper place; and for the
députation pour la somme de quinze complete execution of the said delib-
cents livres, et une lettre de crédit sur eration the Council has authorized the
Paris jusqu'à concurrence de la
de la administrative officer to furnish requi-
somme de deux mille livres, sauf à sitions on the communal treasury for
régler ensuite les frais de cette dépu- the expenses of the aforesaid deputa-
tation. Délibéré de plus, que les tion, to the sum of fifteen hundred
députés partiront dans le jour, qu'ex- livres, and a letter of credit on Paris
trait de la présente délibération et up to the limit of the sum of two thou-
celles des districts leur seront délivrés sand livres, postponing the fixing of
pour faire constater de leur mandat, the expenses of this deputation. It is
qu'il sera envoyé un courrier extra- further deliberated that the deputies
ordinaire à M. le président de l'as- shall depart during the day, that a copy
semblée nationale, avec une adresse of the present deliberation and those
pour le prévenir de cette députation of the district shall be given to them in
L'assemblée chargeant lesdits sieurs order to bear witness to their mandate,
députés de présenter à l'auguste as- that a special messenger shall be sent
semblée nationale l'hommage de son to the president of the National As-
respect, de son admiration et de sa sembly with an address to inform them
soumission sans bornes à ses décrets, beforehand of the deputation's arrival.
et l'assurance de la fidélité des Avi- The assembly instructs the said dep-
gnonais à la nation, à la loi et au roi, uties to present to the august National
et attendu que nousdit secrétaire-gref- Assembly the homage of its respect,
fier sommes obligé de nous absenter its admiration and its unlimited sub-
pour cette députation, avons, du con- mission to its decrees, and the assur-
sentement du Conseil général, nommé ance of the fidelity of the Avignonais
et choisi pour pro-secrétaire-greffier to the nation, to the law and to the
M. Namur, notable, qui a bien voulu King, and in view of the fact that we,
accepter ladite charge, et a prêté le ser- the undersigned recording-secretary,
ment requis. De quoi et de tout ce are obliged to be absent with this depu-
que dessus, ledit sieur procureur de la fation, we have, with the consent of
commune a réquis acte, et se sont, les the general council, named and chosen
182
DOCUMENTS
dits sieurs assemblés, soussignés à for recording secretary, M. Namur,
l'original, etc.
a leading citizen, who has been good
Collationné, Signé; NAMUR, pro- enough to accept the office aforesaid, ,
secrétaire-greffier.
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 1
A L'ASSEMBLÉE NATIONALE
TO THE NATIONAL ASSEMBLY
MESSIEURS,
GENTLEMEN:
C'est par l'organe de ses députés By the voice of its deputies, freely
librement élus, et constitués depuis elected and constituted, a few days
peu de jours en Assemblée représen- since, as a representative assembly,
tative, que le comté Venaissin vient the Comtat Venaissin comes to bring
porter à l'auguste Assemblée nationale to the august National Assembly of
de France ce tribut unanime.
France this unanimous tribute.
Oui, Messieurs, l'adoption des lois Yes, gentlemen, the adoption of
françaises, d'où va dépendre une French laws, on which will depend a
partie de notre bonheur, ne saurait part of our happiness, will neverthe-
néansmoins porter la moindre atteinte less be unable to do the slightest in-
au respect et à la fidélité inviolable que jury to the inviolable respect and fidel-
nous conserverons jusqu'au dernier ity towards our beneficent monarch
soupir à notre bienfaisant monarque. which we shall preserve to our last
Attachés à son gouvernement par des
breath. Attached to his government
liens que nos cæurs rendront toujours by ties which our hearts will make for-
indissolubles, rien ne saurait altérer ever indissoluble, nothing would be
nos sentiments pour sa personne capable of altering our feelings for his
sacrée: ils reposent sur des bases in- sacred person; they rest upon immov-
ébranlables, notre consentement libre, able bases, our free consent, the mod-
la modération et la générosité de nos eration and generosity of our princes,
1 Arch. parl., 1st series, vol. 16, p. 405.
AVIGNON AND THE VENAISSIN, 1791
183
princes, et l'amour qui est le juste prix and the love which is the just price of
d'un si grand bienfait. Rien ne sau- such a great benefit. Nothing would
rait nous délier du serment que nous be capable of freeing us from the oath
avons si souvent répété de vouloir we have so often repeated of wishing
vivre et mourir sous son empire. Ser- to live and die under his rule. An
ment que nous venons de renouveler oath which we have just renewed in a
d'une manière encore plus authentique, still more authentic manner, since it
puisqu'il est émané du væu unanime emanated from the unanimous vote of
de nos commettants, exprimé dans nos our constituents, expressed in our
mandats; serment, enfin, que nous commissions; an oath, finally, that we
venons de lui offrir, comme les pré- have offered him, as the first fruits
mices de nos travaux, comme l'élément of our labors, as the necessary element
nécessaire de notre bonheur. Qu'il of our good fortune. Let this august
soit connu de l'univers entier, ce ser- oath be known to the whole world!
ment auguste!
Qu'il est consolant pour nous, qu'il How consolatory it is for us, how
est glorieux pour vous, Messieurs, glorious for you, gentlemen, to think
de songer qu'en invoquant les prin- that in invoking the eternal principles
cipes éternels de la vérité et de la of truth and justice, we are but repeat-
justice, nous ne répetons que vos pro- ing your own principles, we are but
pres principes, nous n'invoquons que invoking your own decrees! ...
vos propres décrets! .
Quelle crainte pourrait désormais What fear could a nation inspire
inspirer une nation puissante, à la henceforth, which, though in truth
vérité, mais qui vient de déclarer powerful, has just declared solemnly
solennellement qu'elle renonce à toute that she renounces all kinds of con-
espèce de conquête et qu'elle n'em- quest and that she will never use her
ploiera jamais ses forces contre la forces against the liberty of any peo-
liberté d'aucun peuple? Ah plutôt! ple? Ah! rather, what confidence
quelle confiance sans réserve et sans without reserve and without limit
borne ne doit-elle pas attendre, nous should she not expect, we will not say
ne dirons pas d'un peuple qu'elle pro- from a people she protects and nour-
tège et qu'elle vivifie dans son sein, ishes in her bosom, but from all the
mais de tous les habitants de l'univers, inhabitants of the world, from all the
de tous les vrais amis du bonheur et true friends of the happiness and the
de la liberté des hommes ?
liberty of men ?
DE GÉRENDE, président.
DE GÉRENDE, President.
RAPHEL, MARTINET, secrétaires. . RAPHEL, MARTINET, Secretaries.
i
184
DOCUMENTS
1
Address of the Deputation from the City of Avignon, Delivered before the
National Assembly. June 26, 1790
Députés par un peuple libre, in- Deputed by a free, independent and
dépendant et souverain, ce n'est pas sovereign people, it is not in vain that
en vain que nous venons jurer une we have come here to swear inviolable
fidélité inviolable à la nation fran- fidelity to the French nation. .
çaise. . . . Placé au milieu de la Placed in the center of France, with
France, ayant les mêmes meurs, le the same customs, the same language,
même langage, nous avons voulu avoir we have wished to have the same
les mêmes lois. . . . A peine avez- laws. . . . Hardly had you declared
vous déclaré que tous les hommes sont that all men are free than we de-
libres, que nous avons voulu l'être. sired freedom. Our municipalities
Nos municipalités se sont organisées are organized according to the laws
d'après les lois établies par vos décrets, established by your decrees and they
et nous étions déjà constitués lorsque were already constituted when the
des brefs incendiaires et tyranniques, incendiary and tyrannical letters
lancés
par le Vatican, sont venus launched by the Vaticañ arrived to
frapper d'anathème la Constitution hurl anathema against the French
française 2 (L'orateur fait le Constitution. ... (The orator here
tableau des dispositions préparées describes the secret arrangements pre-
sourdement à Avignon pour tenter une pared at Avignon to bring about a
contre-révolution en France). ... counter-revolution in France.)
Des hommes armés parurent tout Armed men appeared suddenly in
à coup au milieu de la ville; bientôt, the centre of the town; soon, hard
pressés de toutes parts, ils abandon- pressed on all sides, they abandoned
nèrent le champ de bataille. Le sang
Le sang the field of battle. The pure blood of
pur des citoyens patriotes fut con- the citizen patriots was mingled with
fondu avec celui des assassins qu’on that of the assassins who had been
avait suscités contre nous. Nos al- stirred up against us. Our allies
liés volèrent enfin à notre secours; et finally hastened to our aid; and
. ils sont parvenus ... à nous they succeeded ... in restoring
rendre la paix. Le lendemain de ces peace. The day after these scenes of
scènes de sang et de carnage, les cito- blood and carnage, the active citizens
yens actifs de tous les districts de la of all the districts of the town of
ville d'Avignon s'assemblèrent légale- Avignon assembled in legal course.
ment. C'est dans cette assembleé que It was in this assembly that the peo-
le peuple, considérant qu'il ne pouvait ple, considering that they could be
1 Arch. parl., 1st series, vol. 16, p. 476–7. 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
185
身
​non.
être heureux et libre que par la Con- happy and free only by means of the
stitution française, déclara qu'il se French Constitution, declared that they
réunissait à la France, qu'il supprimait were united to France, that the papal
les armes du pape, qu'il y substituait
arms were suppressed and those of
celles du roi de France, et qu'il dépu- the King of France substituted, and
tait vers lui pour lui témoigner le re- that a deputation should be sent to him
spect et la fidélité que lui vouaient les to testify to the respect and fidelity
Avignonnais. Vous connaissez nos sworn to him by the people of Avig-
droits : les délibérations de tout le peu-
You are acquainted with our
ple avignonnais. Vous connaissez rights: the deliberation of all the peo-
nos motifs: notre roi veut être des- ple of Avignon. You are acquainted
pote, et nous ne voulons plus être es- with our motives; our King wishes to
claves. La France est libre; nous ne be a despot, and we wish to be slaves
pouvons le devenir que par elle, et nous no longer. France is free; we can
nous jetons dans ses bras. (Des ap- become so only through her, and
plaudissements réitérés interrompent we throw ourselves into her arms.
l'orateur.) Vous accepterez (Repeated applause interrupts the
doute un peuple qui vous appartenait speaker.) You will surely accept a
autrefois, un peuple enfin qui a versé people who formerly belonged to you,
son sang pour le maintien de vos dé-
a people who have now poured out
crets. Nous remettons sur le bureau their blood to maintain your decrees.
les délibérations de la ville et de l'Etat We place on the bureau the delib-
d'Avignon.
erations of the City and State of
Avignon.
sans
First Report of the French National Assembly on the Affair of Avignon, and
Decree Adopted, August 27, 1790 1
M. TRONCHET, rapporteur.
TRONCHET, reporter.
Les citoyens ont été egorgés par The citizens had been slaughtered
leurs concitoyens. C'est au milieu de by their fellow citizens. It was in the
ces horreurs que la ville d'Avignon a midst of these horrors that the City
déclaré son indépendance et a de- of Avignon declared its independence
mandé sa réunion à l'Empire français. and asked for union with the French
Est-ce donc parmi des violences et Empire. Is it amid such scenes of
dans le moment où une foule de fugi- violence and at the moment when a
tifs ont abandonné leur ville malheu-
crowd of fugitives have abandoned
reuse, que l'on a pu recueillir un veu their unhappy city that a free and
libre et suffisant? Je ne pense satisfactory vote can be taken?
1 Arch. parl., 1st series, vol. 18, pp. 369–379.
186
DOCUMENTS
pas que l'Assemblée nationale puisse I do not think that the National As-
ordonner la réunion de cette province sembly can order the union of this
à la France. . . . Avignon est une province to France. . . . Avignon is
province des Etats du pape, qui ne a province of the Papal States, and
peut se détacher du surplus des sujets can not separate itself from the re-
de cette puissance sans l'aveu de tous mainder of the subjects of that Power
les autres citoyens qui composent avec without the consent of all the other
elle cette association. Cette réunion citizens who with it compose this
ne doit pas s'opérer que par un traité association. This union ought not
entre le pape et la France sous le con- to be consummated except by a treaty
sentement des Comtadins. Sans cela, between the Pope and France, with
ce serait une conquête interdite par les the consent of the people of the
principes même de votre Constitution. Comtat. Without this it would be
Voici en conséquence le projet conquest, which is forbidden by the
de décret que j'ai l'honneur de vous very principles of your constitution.
présenter:
Here, consequently, is the draft
decree which I have the honor to pre-
sent to you:
L'Assemblée nationale, après avoir The National Assembly, having
entendu le rapport de ses commis- heard the report of its commissioners,
saires, a décrété et décrète:
has decreed and decrees :
1º. Qu'en exécution du décret du 1. That in execution of the decree
17 juin, son président se retirera par of June 17, its president shall repair
devers le roi, à l'effet de lui commu- before the King in order to communi-
niquer les nouvelles pièces et instruc- cate to him the new documents and
tions relatives à la pétition des Avig- instructions relating to the petition of
nonnais, ainsi que les pièces et instruc- the people of Avignon as well as those
tions relatives à l'état actuel du com- documents and instructions relating
tat Venaissin, pour être, par Sa Ma- to the present state of the Comtat Ve-
jesté, proposé, et par l'Assemblée na- naissin, that that which pertains to
tionale décrété ce qu'il appartiendra; the matter may be proposed by His
et que cependant le roi sera supplié de Majesty, and decreed by the National
faire placer dans les environs d'Avi- Assembly; and that, meanwhile, the
gnon et du comtat les troupes de ligne King shall be requested to cause to
qu'il croira convenables, eu égard aux be placed in the environs of Avignon
circonstances;
and of the Comtat such troops of the
line as he shall deem advisable in view
of the circumstances;
4º. L'Assemblée nationale charge
son président de faire remettre inces-
4. The National Assembly in-
structs its President to send a copy of
AVIGNON AND THE VENAISSIN, 1791
187
samment une expédition du present dé- this decree without delay to the mu-
cret, tant aux officiers municipaux nicipal officers of Orange as well as to
d'Orange qu'aux députés de la ville the deputies of the City of Avignon.
d'Avignon. Elle charge en outre son It further instructs its President to
président d'écrire au peuple avignon- write to the people of Avignon in
nais, pour lui témoigner la profonde order to testify to them the profound
douleur dont elle a été affectée à la sorrow which it experiences in view
vue des malheurs qui ont accompagné of the misfortunes which have accom-
les événements arrivés à Avignon, et panied the events which have taken
l'inviter à employer les moyens les place in Avignon, and to invite them
plus efficaces pour effacer jusqu'au to employ the most efficacious means
souvenir de ces malheurs, et pour ré- whereby to efface the very memory of
tablir entre tous les citoyens la con- those misfortunes, and to establish
corde que leur intérêt mutuel leur that harmony between all the citizens
prescrit.
which their mutual interest enjoins.
L'Assemblée, après quelques nou- The Assembly, after several new
velles observations, rend le décret observations, passed the following de-
suivant :
cree:
“L'Assemblée nationale, après “The National Assembly, having
avoir entendu le rapport de ses com- heard the report of its commissioners
missaires sur l'affaire d'Avignon, on the affair of Avignon,
· Décrète que les citoyens d'Avig- Decrees that the citizens of Avig-
non, détenus depuis le 12 juin dans non detained since June 12 in the
les prisons d'Orange, seront provi- prisons of Orange, shall be set free
soirement élargis, à la charge de tenir provisionally, on condition of keeping
la ville d'Orange pour prison, où ils to the city of Orange as their prison,
resteront sous la sauvegarde de la na- where they shall remain under the pro-
tion française, et où il sera pourvu
à tection of the French nation, and
la subsistance des ouvriers qui se trou- where there shall be provision for sub-
vent parmi eux.
sistence of the workmen among them.
Ajourne, au surplus, le reste du " The remainder of the draft decree
projet de décret qui lui a été proposé proposed by its committee is ad-
par ses commissaires."
journed."
Decree of the National Assembly, November 20, 1790 1
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
crète 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, sousº ses ordres, les établisse- ders, the French establishments, and
ments français, 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;
1
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 1
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, I 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 (ibid., vol. 20, p. 481).
“L'Assemblée nationale déclare que la ville d'Avignon et son territoire font partie de
l'Empire français. Elle prie de roi de négocier avec la cour de Rome sur les indemnités qui
pourraient lui être dues, pour ensuite les articles ainsi negociés être 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 françaises 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'Alvignon et son territorie font partie de
l'Empire français, ordonne que tous ses décrets y seront aussitôt envoyés pour y être 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
189
soumettre de nouveau à votre délibéra- Avignon, to again submit to your
tion une question sur laquelle il est consideration a question which must
temps enfin de prononcer définitive- be finally decided if you wish to pre-
ment, si vous voulez prévenir la de- vent the destruction of 150,000 indi-
struction de 150,000 individus livrés viduals, given over to all the horrors
à toutes les horreurs d'une guerre of a civil war fostered by the most
civile alimentée par les passions les violent passions.
plus violentes.
L'état d'Avignon et le Comtat Ve- Shall the State of Avignon and the
naissin seront-ils réunis à la France? Comtat Venaissin be united
Telle est la question sur laquelle vous
France? That is the question you
avez à délibérer.
have to consider.
Cette question se subdivise en plu- The question may be divided into
sieurs parties.
to
several parts.
Quinzièmne et Dernière Question Fifteenth and Last Question
Le væu des Avignonais et des Com- Is the vote of the people of Avig-
tadins est-il suffisamment exprimé ? non and of the Comtat sufficiently ex-
pressed?
Plusieurs actes des plus authen- Several most authentic acts occur-
tiques, passés depuis le mois de mai ring since the month of May of last
de l'année dernière, jusqu'aujour- year, up to the present day, prove
d'hui, prouvent évidemment le væu
clearly the desire of the people of
des Avignonais pour se réunir à la Avignon to unite themselves to
France.
France.
L'un en date du 14 juin 1790 est la One, under date of June 14, 1790,
délibération des 9 districts d'Avignon is the decision of nine districts of
et dépendances, votant formellement Avignon and its dependencies, voting
la réunion à la France. .
formally for union with France. . .
Il résulte de tout ce que je viens It follows from all that I have just
d'avoir l'honneur de vous dire, Mes- had the honor to say to you, gentle-
sieurs, 10 que 59 communautés du
men, (1) that fifty-nine communities
Comtat ont pris, depuis le mois de of the Comtat have, since the month of
juin 1790 jusqu'au mois de février June, 1790, and up to the month of
1791, des délibérations authentiques February, 1791, made authenticated
pour se réunir à la France;
decisions to unite themselves with
France;
2° Que depuis le 14 janvier 2. That from the 14th of Jan-
jusqu'au 20 du même mois, toutes les uary to the 20th of the same month,
190
DOCUMENTS
communes du Comtat, excepté Val- all the communes of the Comtat, ex-
réas, ont, à l'exemple de Carpentras, cept Valréas, have, following the ex-
arboré les armes de France, et mani- ample of Carpentras, raised the arms
festé leur væu pour la réunion;
of France and manifested their desire
for the union;
4º Qu'il n'existe aucun acte portant 4. That there exists no act ex-
révocation des délibérations des 59 pressing a revocation of the decisions
communes citées ci-dessus, ou éma- of the fifty-nine communes above
nant des 39 autres, pour manifester cited, or emanating from the thirty-
un væu contraire à la réunion; d'où nine others, to show a desire contrary
je conclus avec tous les départements to union; from which I conclude, with
environnants, que le veu de la ma- all the neighboring departments, that
jorité des habitants du Comtat est en the vote of the majority of the inhab-
faveur de la réunion.
itants of the Comtat is in favor of the
union.
Résumé Général
General Summary
J'ai prouvé qu'avant les années I have proved that before the years
1229, 1274 et 1348, Avignon et le 1229, 1274, and 1348, Avignon and
Comtat Venaissin avaient toujours the Comtat Venaissin, although sepa-
fait, quoique séparés entre eux, par- rate from each other, formed an in-
tie intégrante du Comté de Provence; tegral part of the County of Provence;
Qu'en 1229, de l'aveu même du pape That in 1229 Pope Gregory IX
Grégoire IX, le Comtat ne lui avait himself admitted that the Comtat had
été cédé qu'à titre de dépot;
been ceded to him only in trust;
Qu'en 1235, ce comté avait été res- That, in 1235 this County was re-
titué au comte de Toulouse;
stored to the County of Toulouse;
Qu'en 1274, Philippe le Hardi, That, in 1274 Philip the Bold, to
auquel il n'appartenait pas, n'avait pu whom it did not belong, did not have
le céder légitimement au pape Gré- the right to cede it to Pope Gregory
goire X;
X;
Qu'en 1125, 1308 et 1343, ces deux That, in 1125, 1308 and 1343, those
états avaient été grevés de substitu- two states were encumbered with en-
tions, avec défense expresse d'aliéner; tails with express prohibition against
alienation;
Que, d'après ces substitutions et ces That, on account of the entails and
défenses d'aliéner, et à defaut de ma- prohibition against alienation, and be-
jorité, Jeanne n'avait pu vendre Avig- cause she was not of age, Joan had
non en 1348;
no power to sell Avignon in 1348;
Que, en conséquence, la vente ou That, consequently, the sale or ab-
AVIGNON AND THE VENAISSIN, 1791
191
cession absolue de ces deux Etats était solute conveyance of those two states
de toute nullité et ne pouvait tout au was null and void or could, at most,
plus être considérée que comme un be regarded only as creating a trust;
simple engagement;
Que, en vertu du droit d'hérédité, That, by right of inheritance, the
les rois de Naples, comtes de Pro- Kings of Naples, Counts of Provence,
vence, ont continué d'être les vrais have continued to be the rightful own-
propriétaires de ces deux états; ers of those two States;
Qu'en vertu du testament de That, by the last will and testament
Charles IV, dernier comte de Pro- of Charles IV, last Count of Pro-
vence, Louis XI, roi de France, ses vence, Louis XI, King of France, his
successeurs et aujourd'hui la nation successors, and to-day the French na-
française sont devenus les légitimes tion, have become the lawful owners
propriétaires d'Avignon et du Comtat of Avignon and of the Comtat Venais-
Venaissin, domaines inaliénables dé- sin, inalienable estates appurtenant to
pendant de la Provence;
Provence:
Que la possession des papes n'a That the Popes have never had
jamais été paisible et que tous ceux peaceful possession and that all those
qui ont eu droit à la chose ont fait who had any rights in the premises
des actes soit conservatoires, soit have executed deeds either of entail or
révocatoires;
reversion.
Que même quelques-uns d'entre eux That some of the claimants even
ont joui de toute la plénitude de leurs took possession of the two countries
droits en prenant possession de ces and enjoyed the full use of their
rights.
J'ai également prouvé qu'en sup- I have likewise proved that the
posant que les Avignonais et les Com- Avignonais and the Comtadins, as-
tadins étaient autrefois deux peuples suming them to have been formerly
libres et indépendants, ils ont néces- two free and independent peoples,
sairement conservé ce caractère de must have preserved their liberty and
liberté et d'indépendance;
independence.
Que si, de leur pleine et entière vo- That, if formerly they freely sub-
lonté, ils se sont autrefois soumis au mitted to the papal government, they
gouvernement du pape, ils ont le droit have to-day the right to change their
d'en changer aujourd'hui et, con- government, and, consequently, the
séquemment, celui de se réunir à la right to join the French nation, if
nation française, s'ils y trouvent leur they consider such a change to their
avantage;
advantage;
Qu'il est de l'intérêt de la France, That it is to the interest of France
soit d'ordonner cette réunion, en vertu either to order this union as of its own
de son droit, soit de l'accepter en vertu right, or to accept it as based on the
deux pays.
192
DOCUMENTS
de celui des Avignonais et Comtadins; rights of the Avignonais and Com-
tadins;
Qu'il serait également désavanta- That it would be equally disadvan-
geux pour la France et pour les Com- tageous for France and for the Com-
tadins et Avignonais, que cette ré- tadins and Avignonais if this union
union n'eût pas lieu; que cette mesure did not take place; that this measure
ne peut raisonnablement causer ni in- can not reasonably cause either anx-
quietude ni jalousie, aux peuples et iety or jealousy to foreign peoples or
princes étrangers.
princes.
J'ai également prouvé que, en or- I have likewise proved that by or-
donnant cette réunion, la France ne dering this union France would not in-
contrevenait à aucun de ses décrets; fringe on any of its own decrees;
Que le veu des Comtadins et Avi- That the wish of the Comtadins and
gnonais était suffisamment exprimé. Avignonais has been sufficiently ex-
pressed.
Je conclus, en conséquence, à la ré- I conclude, therefore, that Avignon
union d'Avignon et du Comtat Ve- and the Comtat Venaissin should be
naissin à l'Empire français. (Ap- united to the French Empire . (Ap-
plaudissements à gauche.)
plause on the left.)
Voici le projet de décret que je suis Here is the draft decree which I am
chargé de vous présenter :
instructed to present to you:
“L'Assemblée nationale, après “The National Assembly, its com-
avoir entendu le rapport de ses comités mittees on Diplomacy and on Avig-
diplomatique et d'Avignon décrète ce non having been heard, decrees as
qui suit:
follows:
“1° Le Comtat Venaissin et la ville "1. The Comtat Venaissin and the
d'Avignon, avec leurs territoires et dé- City of Avignon, with their territories
pendances, font parties integrantes de and dependencies, constitute integral
l'Empire français.
parts of the French Empire.
“ 2° Le roi sera prié de nommer “2. The king shall be requested to
le plus promptement possible, 3 com- name, as promptly as possible, three
missaires chargés de se rendre à Avig- commissioners who shall be instructed
non et dans le Comtat Venaissin, avec to go to Avignon and the Comtat
pleins pouvoirs pour consommer la Venaissin with full power to consum-
réunion, faire cesser toutes voies de mate the union, to stop all acts of vio-
fait et hostilités, requérir, s'il est be- lence and hostility, to requisition, if
soin, les troupes de ligne et gardes necessary, the troops of the line and
nationales des départements environ- the National Guard of the surround-
nants, afin d'y rétablir le bon ordre et ing departments in order to restore
la tranquillité.
quiet and good order.
* Le roi est prié de faire négocier “The king is requested to enter into
AVIGNON AND THE VENAISSIN, 1791
193
avec la cour de Rome sur les indem- negotiations with the Court of Rome
nités et remboursements qui pourront regarding the indemnities and reim-
lui être légitimement dus.
bursements that may be lawfully
due it.
“ 3° Le Président présentera dans “3. The President shall, this same
le jour le présent décret à l'acceptation day, present the present decree to the
et sanction du roi.
King for acceptance and approval.
“L'Assemblée nationale charge ses “The National Assembly instructs
comités de Constitution, diplomatique its Committees on the Constitution, on
et d'Avignon, de lui présenter inces- Diplomacy, and on Avignon forth-
samment et d'après le compte qui sera with to lay before it, in accordance
rendu par les commissaires du roi, un with a report to be made by the royal
projet de décret sur les moyens ulté- commissioners, a draft decree as to
rieurs d'exécution pour effectuer l'in- further means of effectuating the in-
corporation de la ville d'Avignon et corporation of the City of Avignon
du Comtat Venaissin à l'Empire fran- and of the Comtat Venaissin into the
çais."
French Empire.”
ac-
vous
M. L'ABBÉ MAURY. . . . Après que
M. le rapporteur vous a demandé
plusieurs délais pour faire son rap-
port, penseriez-vous qu'il y eût de l'in-
discrétion à vous demander que le
rapport fut ajourné? (Murmures à
gauche.) . . . Si vous voulez
corder aux défenseurs des droits du
pape le délai nécessaire, vous pouvez
déclarer provisoirement que
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
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
DOCUMENTS
d'autant plus sa solicitude, qu'elle a bespeak its care all the more because,
appris que c'était au nom de la France as it has learned, conquests have been
qu'on tentait de faire des conquêtes, attempted in the name of France,
déclare qu'elle prend sous sa protec- that the Assembly take the City of
tion spéciale la ville d'Avignon et Avignon and all the communes of the
toutes les communes du Comtat, et Comtat under its special protection
qu'elle défend provisoirement toute and prohibit provisionally all manner
espèce d'hostilité.
of hostilities
Un membre à gauche: Et de quel A meniber on the Left. And by
droit ?
what right?
M. L'ABBÉ MAURY. En vertu du M. L'ABBÉ MAURY. By the sacred
droit sacré que lui donnent les péti- right conferred by the petitions of the
tions de la ville d'Avignon et du Com- City of Avignon and of the Comtat
tat, qui ont réclamé son intervention which have invoked the intervention
et sa protection.
and protection of this body.
M. DE CLERMONT-TONNERRE.
M. DE CLERMONT-TONNERRE..
J'appuie . l'ajournement jusqu'au 1 .. · support a postponement for
délai demandé par M. l'abbé Maury; the length of time asked for by M.
et je demande en outre, que M. de la the Abbé Maury; and I further ask
Tour-Maubourg, qui connaît mieux that M. de La Tour-Maubourg, who
que nous l'état des choses, puisqu'il a knows the state of things better than
fait le voyage d'Avignon en qualité we, since he has made the journey to
de colonel du régiment de Soissonais, Avignon in the capacity of colonel of
veuille bien nous indiquer les moyens the Soisson regiment, will please indi-
qui lui paraissent les plus propres à cate to us the means that seem to him
rétablir le calme dans Avignon, et tout most suitable to reestablish quiet in
particulièrement les moyens de retirer Avignon, and more particularly the
du Comtat les déserteurs français qui means to draw from the Comtat the
font toute la force de cette armée pré- French deserters who form the main
tendue patriotique à laquelle ils se sont force of this pretended patriotic army
joints.
to which they are attached.
M. ROBESPIERRE. Les horreurs qui M. ROBESPIERRE. The horrors
ont désolé le Comtat sont un pressant that have desolated the Comtat make
motif de hâter notre délibération et a pressing reason to hurry our delib-
non de l'entraver et de la retarder par eration and not to hinder and retard
des discussions inutiles ou des ta- it by useless discussions or exagger-
bleaux exagérés de la situation des ated pictures of the situation of the
Comta dins.
people of the Comtat.
L'envoi d'une force quelconque
To send any force whatever into the
AVIGNON AND THE VENAISSIN, 1791
195
dans le Comtat, sans la déclaration de Comtat, without
Comtat, without a declaration of
réunion à la France, serait une viola- union with France, would be a mani-
tion manifeste du territoire étranger. fest violation of foreign territory. If
Si nous n'avons aucun droit sur ce we have no rights over this country,
pays, nous ne pouvons y envoyer we can not send an army there with-
d'arniée sans être des oppresseurs.
Si out being oppressors. If we have
nous avons des droits, il faut le dé- rights, we must declare it and act
clarer et agir sans délai. D'ailleurs without delay. Moreover the provi-
les mesures provisoires ne pourraient sional measures could only have un-
avoir que de funestes effets. Ne fortunate effects. Might they not be-
pourrait-on pas croire que vos troupes
croire que vos troupes lieve that your troops had come only
ne seraient venues que pour en im- to overawe the victorious parties; and
poser aux partis victorieux; et si le if the leader of these troops had
chef de ces troupes avait adopté des adopted any principles contrary to
principes contraires à ce parti, ne this party, might they not suspect that
pourrait-on pas soupçonner, que le the leader and the army had come to
chef et l'armée seraient venues pour protect what is called the aristocratic
protéger ce qu'on appelle le parti aris- party, which is the conquered party.
tocratique, qui est le parti vaincu.
Je demande, en conséquence, que I ask, consequently, that the post-
l'ajournement soit rejeté et que la dis- ponement be rejected and that the dis-
cussion commence sur le fond du pro- cussion begin on the subject of the
jet de décret.
draft decree.
M. MALOUET.1 Tout le système du M. MALOUET. The whole scheme
comité, les moyens, les raisonnements, of the committee, the methods, the
les conclusions du rapport portent reasoning, the conclusions of the re-
cumulativement sur des principes en- port rest cumulatively upon principles
tre lesquels il faut opter; car ils se between which one must choose; for
détruisent l'un l'autre. Ces deux
Ces deux they mutually destroy one another.
principes sont le droit de propriété et These two principles are the right of
de souveraineté du territoire qu'on at- property and of sovereignty in the ter-
tribue par transmission et hérédité au ritory which is attributed by trans-
roi des Français, et point au pape, mission and heredity to the King of
réduit à la condition de simple en- the French, and not at all to the Pope,
gagiste. Cette partie du rapport est who is reduced to the condition of a
la plus enrichie de faits, de citations, mere tenant. This part of the report
de monuments historiques, dont la is the richest in facts, citations, his-
diversité se prête à tous les systèmes, toric records, the diversity of which
à toutes les prétentions; car lends itself to all schemes, to all pre-
1 Session of May 2, p. 496.
Vous
196
DOCUMENTS
n'oubliez point, Messieurs, que c'est tentions; for do not forget, gentle-
aussi sur des monuments historiques men, that it is also on historical rec-
que les cours de Vienne, de Péters- ords that the courts of Vienna, Peters-
bourg et de Berlin se sont partagé la burg and Berlin divided Poland among
Pologne.
themselves.
Le second principe auxiliaire du The second auxiliary principle of
comité et de M. le rapporteur est le
the committee and of the reporter is
droit qu'a chaque peuple de se déclarer the right every people possesses of de-
libre, indépendant de la domination du claring itself free and independent of
prince auquel il a obéi jusqu'au mo- the domination of the prince whom it
ment où il lui plait de changer la forme has obeyed up to the moment that it
de son gouvernement. Je ne m'at- pleases to change the form of its gov-
tache qu'à ces deux divisions princi- ernment.
ernment. I will only apply myself to
pales dont les 15 articles en question these two principal divisions of which
sont des subdivisions.
the fifteen articles in question are sub-
divisions.
Avant de passer outre, je demande Before proceeding, I ask the re-
à M. le rapporteur: dans quel système porter: on what system do you rea-
raisonnez-vous ?
son?
Une nation qui se ressaisit de la A nation which takes back to itself
souveraineté de son territoire n'a pas the sovereignty of its territory has no
besoin de chartes et de monuments need of Charters and historical rec-
historiques; sa volonté et sa force, ords; its will and its force, those are
voilà la mesure de ses pouvoirs; celle the measure of its powers; that of its
de ses droits ne peut être que la jus- rights can only be justice and the in-
tice et l'intérêt de tous. Il n'en est terest of all. It is not the same with
pas de même d'un prince qui exerce a prince who exercises sovereignty;
la souveraineté; il lui faut ou une he must have either a special delega-
délégation spéciale du peuple qui lui tion of it from the people who obey
obéit, ou un titre successif reconnu him, or a title of succession recog-
par ses sujets et par les autres souve- nized by his subjects and by other sov-
rains. Voilà ses droits à une exist- ereigns. These are his rights to a
ence tranquille et leur condition es- quiet life and their essential condition
sentielle est d'être incommunicable à is that they are incommunicable to
aucun autre prince, à aucune société any other prince, to any other political
politique, autrement que par les mêmes society, otherwise than on the same
principes qui les constituent.
principles which constitute them.
Brûlons donc les publicistes qui Therefore let us burn the publicists
pourraient défendre le pape et non le who would defend the Pope and not
système du comité et arrivons aux the system of the committee and let
AVIGNON AND THE VENAISSIN, 1791
197
droits de l'homme, aux droits des peu- us come to the rights of man, to the
ples qui forment le second moyen de rights of peoples which forms the sec-
M. le rapporteur.
ond method of the reporter.
Je dirai donc comme vous : tout I will say then as you do: every as-
peuple rassamblé a le droit de se dé- sembled people has the right to declare
clarer libre, indépendant, et de changer itself free, independent, and to change
son gouvernement avec cette condi- its government, with this preliminary
tion préalable que la volonté de tous condition that the will of all shall be
sera librement manifestée par des freely shown by legal and solemn
formes légales et solennelles. Est-ce forms. Is this the character of the
là le caractère du veu des Avigno- vote of the people of Avignon and of
nais et Comtadins, demandant leur ré- the Comtat asking union with France?
union à la France ?
Au lieu de la voix majestueuse d'un In place of the majestic voice of a
peuple délibérant, je ne distingue que deliberating people, I distinguish only
celle des brigands et des bourreaux, that of brigands and butchers, the
les cris des assassins, les gémissements cries of assassins, the groans of vic-
des victimes, les plaintes des fugitifs; tims, the complaints of fugitives; that
voilà ce que j'entends depuis la pre- is what I hear from the first period of
mière époque de l'insurrection. the insurrection. Before that period,
Avant cette époque, vous avez pu con- you have been able to learn the general
naître la volonté générale; elle s'est will; it was freely and unanimously
librement et unanimement manifestée. shown. The inhabitants of Avignon
Les habitants d'Avignon et du Com- and the Comtat knew then that a pow-
tat savaient alors qu'un parti puissant erful party in France would protect
en France protégerait leur réunion, their union, that members of this As-
que des membres de cette Assemblée sembly were asking for it; but no
la sollicitaient; mais aucune force armed force, no faction yet menaced
armée, aucune faction ne les menaçait them; therefore they could express
encore: ils pouvaient donc librement themselves freely.
themselves freely. . . . It was under
s'expliquer. .. C'est dans de telles such circumstances that the inhabi-
circonstances que les habitants, que les tants, the communes, voted unani-
communes ont voté unanimement le mously the renewal of their oath of
renouvellement de leur serment de fidelity to the Pope and his govern-
fidélité au pape et à son gouverne-
ment.
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-
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- that time the municipal officers were
nicipaux étaient nommés au scrutin, nominated by ballot, at that time all
dans ce temps-là, toutes les idées nou- the new ideas, all the surrounding cir-
velles, toutes les circonstances environ- cumstances favored the freest expres-
nantes favorisaient la plus libre émis- sion of the vote of the people of the
sion du vou des Comta dins et des Comtat and of Avignon; in that con-
Avignonais; dans cet état ils avaient dition they judged of their interest,
jugé de leur intérêt, de la convenance even of the propriety of renouncing
même de renoncer à leur prince; ils their prince; they had the certainty of
avaient la certitude d'être fortement being strongly protected; at that time
protégés; dans ce temps-là ils ne l'ont they did not do it, and since that time
pas fait, et depuis ce temps-là ils n'ont they have not had a single period, a
pas eu une seule époque, un seul in- single instant of liberty of opinion, of
stant de liberté d'opinion, de sécurité security for their persons and for their
dans leurs personnes, et dans leurs property.
propriétés.
M. ROBESPIERRE. En nous parlant M. ROBESPIERRE. In telling us of
du procès-verbal qui constate le væu the official report proving the vote of
des Avignonais, M. l'abbé Maury au- the people of Avignon, M. l'Abbé
rait dû ajouter que c'était le résultat Maury should have added that it was
d'une délibération des anciennes com- the result of a decision of the old com-
munautés du Comtat, qui, loin d'être munities of the Comtat, which, far
l'expression du peuple, n'était que from being the expression of the peo-
celle des anciens officiers municipaux ple, was only that of old municipal of-
maîtrisés par l'influence du pape. Là, ficers dominated by the influence of
comme en France, il y avait un parti the Pope. There, as in France, there
contre le væu du peuple; la noblesse was a party opposed to the wish of
et le clergé se sont armés, on en est the people; the nobility and the clergy
venu aux mains; le parti populaire a armed themselves, they came to
vaincu la ligue des aristocrates. blows; the popular party conquered
the league of aristocrats.
Il n'y a pas de difficulté d'abord sur There is, in the first place, no diffi-
ce vau, où il est prouvé que, par les culty regarding this vote when it is
faits historiques qui vous ont été dé- proved, by the historical facts which
veloppés, le peuple avignonais formait have been shown you, that the people
un Etat séparé de l'Etat Venaissin. Il of Avignon formed a separate State
est donc évident qu'il a eu le droit de from the Venaissin State. It is there-
demander seul la réunion à la France. fore evident that they had the right to
ask by themselves for union with
France.
AVIGNON AND THE VENAISSIN, 1791
199
4
Passons au Comtat. Nous avons Let us pass to the Comtat. We
encore la majorité du Comtat, ma- still have the majority in the Comtat,
jorité incontestable, si on veut écouter an undeniable majority, if we will
la vérité, et ne point poursuivre le sys- listen to the truth, and not follow the
tème d'embarrasser l'Assemblée na- method of embarrassing the National
tionale par des doutes que les faits Assembly by doubts which the facts
ont démentis. M. le rapporteur vous belie. The gentleman who made the
a attesté qu'il était porteur des décla- report has testified that he was the
rations de 51 communautés du Com- bearer of the decisions of fifty-one
tat qui demandent formellement leur communities of the Comtat who for-
réunion à la France. Ces 51 com- mally ask their union with France.
munautés forment évidemment la ma- These fifty-one communities evidently
jorité sur 95: aucun de nous ne peut form the majority out of ninety-five;
douter du voeu des Comtadins. Si not one of us can doubt the vote of
vous réunissez le Comtat avec Avig- the people of the Comtat. If you
non, pouvez-vous désirer une majorité join the Comtat to Avignon, can you.
plus complète ?
want a majority more complete?
M. DE LA TOUR-MAUBOURG.
M. DE LA TOUR-MAUBOURG.
Puisque je suis provoqué à énoncer Since I am challenged to announce
ici mon opinion, je dirai, d'après ce my opinion here, I will say, that after
que j'ai entendu dire sur les droits what I have heard said concerning the
positifs de la nation française et du positive rights of the French nation
pape, qu'il ne me reste aucun doute and of the Pope, that I have no
que nous avons plus de droit que le longer the slightest doubt that we have
pape à la souveraineté d'Avignon. more right than the Pope to the sov-
(Applaudissements.)
ereignty of Avignon. (Applause.)
Il me reste à parler de la seconde It remains to speak of the second
question : le væu du peuple avignonais question : is the vote of the people of
et du peuple comtadin est-il bien con- Avignon and of the people of the
staté et suffisamment exprimé? Je Comtat fully verified and sufficiently
m'exprimerai à cet égard avec la même expressed? I will express myself in
franchise.
this respect with the same frankness.
Depuis que je suis revenu d'Avig- Since I returned from Avignon, I
non, je n'en ai reçu que des lettres have received from there only anony-
anonymes que j'ai eu soin de remettre mous letters which I have taken care
au comité diplomatique, et auxquelles to send to the Diplomaic Committee,
il n'a sans doute pas eu plus d'égard and for which no doubt it has had no
que de raison.
more respect than was proper.
Mais, quand j'étais à Avignon, il But when I was in Avignon, it is a
est certain que le væeu de quelques fact that the vote of some communes
communes du Comtat a été forcé; of the Comtat was forced; I have seen
200
DOCUMENTS
j'ai vu que ceux qui voulaient la ré- those who wished the union seize the
union arrachaient les væux de ceux votes of those who did not wish it, by
qui ne la voulaient pas, en y emplo- using force and arms: for that pur-
yant la force et les armes : on s'est pose they made use of the deserters
servi pour cela des déserteurs des rég- from the regiments of Soissons and of
iments de Soissonais et de quelques some dragoons of Penthièvre. Such
dragons de Penthièvre. De tels suf- votes are certainly neither free nor
frages ne sont certainement ni libres valid.
ni valides.
I do not know whether, since my
Je ne sais si, depuis mon départ, on departure, they have used more legal
a pris des voies plus légales.
means.
DE
D'après cela, ce que je croirais qu'il Considering this, what I should
y aurait à faire, ce serait d'abord d'y think ought to be done, would be first
envoyer des troupes suffisantes pour to send there sufficient troops to re-
rétablir l'ordre et ensuite de mettre le establish order and then to put the
peuple à même de pouvoir manifester people again in the way of manifest-
son veu, quelqu'il soit, d'une façon ing their wish, whatever it might be,
plus libre et plus légale que la pre- in a manner more free and more legal
mière fois. (Murniures.)
than the first time. (Murmurs.)
M.
CLERMONT-TONNERRE. M. DE CLERMONT-TONNERRE.
To
Pour prendre enfin une résolution dé- take finally a definite resolution upon
finitive sur la proposition de réunir à the proposition to unite Avignon and
la France Avignon et le Comtat Ve- the Comtat Venaissin with France, it
naissin, il suffit de se réduire à 2 is enough to reduce it to two points.
points.
La France a-t-elle un droit positif Has France a positive right over
sur Avignon et le Comtat Venaissin? Avignon and the Comtat Venaissin ?
Avignon et le Comtat Venaissin Have Avignon and the Comtat Ve-
ont-ils librement et formellement émis naissin freely and formally cast their
le vou de se réunir à la France ? vote to unite theinselves with France ?
Je ne m'appesantirai pas sur la pre- I shall not dwell upon the first of
mière de ces 2 questions : 1
these two questions.1
Je rappelle le principe du par-
I recall the principle of the
lement de Provence; le voici : Sans parliament of Provence; it is this:
préjudice des droits du roi de la cou- Without prejudice to the rights of the
ronne, coinme étant iniprescriptibles King and of the Crown, as being ini-
et inaliénables. (Applaudissements à 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
201
gauche.)... Mais, Messieurs, si, au plause on the Left.) ... but, gentle-
milieu des principes politiques que men, if notwithstanding the political
vous professez, il était encore permis principles that you profess, it were still
d'invoquer celui dont je parle, vous permitted to invoke the one of which
auriez fait la plus illusoire des décla- I am speaking, you would have made
rations quand vous vous êtes interdit the most illusory of declarations when
les conquêtes; une rentrée de domaine you forbade yourselves conquest; re-
n'est pas une conquête, et toute aliéna- entry into a domain is not conquest,
tion de domaine étant imprescriptible, and all alienation of domain being im-
vous auriez possibilité toujours en prescriptible, you would have had the
deçà de votre déclaration, mais fort possibility always on this side of your
au delà de vos frontières actuelles, de declaration, and far on the other side
revendiquer successivement les do- of your actual frontiers, of claiming
maines qui ont incontestablement ap- successively the domains that incon-
partenu à Charlemagne, et le tout sans testably belonged to Charlemagne, and
autre intention que celle indiquée par all this without any other intention
M. le rapporteur, de consulter pour than that indicated by the gentleman
l'époque des reprises, le plus ou moins who made the report, of considering,
de force, des puissances qui en se- at the time of taking them back, the
raient en possession. On sent l'ab- greater or less force of the powers
surdité de la conséquence; cependant that might be in possession.
You see
j'ai raisonné juste; c'était donc dans the absurdity of the conclusion; nev-
le principe que se trouvait l'absurdité. ertheless, I have reasoned correctly;
C'est ce principe qui peut seul servir it was therefore in the principle that
d'appui aux droits plus qu'équivoques the absurdity was found. It is this
que nous pourrions prétendre sur principle alone that can serve as a
Avignon. Il faut donc renoncer à ce support to the more than equivocal
droit, il faut renoncer à ces arguties rights that we could assume concern-
diplomatiques, il faut renoncer à la ing Avignon. Therefore we must re-
réunion d'Avignon, si le võu du peu- nounce this right, we must renounce
ple bien librement, bien clairement ex- these diplomatic quibbles, we must re-
primé, ne nous donne pas un meilleur nounce the union of Avignon, if the
droit. M. le rapporteur nous a suc- vote of the people quite freely, quite
cinctement rendu compte du væu des clearly expressed, does not give us a
communes comtadins; il nous a dit que better right. The reporter has given
sur 95 communes, nous avions le vou us a succinct account of the vote of the
de réunion de 51; la majorité est de communes of the Comtat; he has told
7, ce résultat est mot à mot celui us that out of ninety-five communes,
qu'ont présenté MM. Tissot et Pallin, we had the vote of union of fifty-one;
députés d'Avignon. Ce sont les bases the majority is seven, and this result
.
202
DOCUMENTS
de ce calcul que je me suis permis is word for word that which was
d'examiner, et je vais vous soumettre presented by MM. Tissot and Pallin,
mes résultats.
deputies of Avignon. These are the
bases of the calculation that I have
allowed myself to examine, and I am
going to submit to you my results.
Avant d'entrer dans les détails, je Before entering into details, I will
me borne à définir ce que j'appelle un confine myself to defining what I call
véritable veu. Ce vou doit avoir a true vote. This vote should have
trois caractères : Il doit être libre; three characteristics: It must be
il doit être clairement énoncé; il doit free; it must be clearly stated; it must
être légalement constaté. Ces trois be legally verified. These three pro-
clauses sont rigoureusement néces- visos are strictly necessary. A vote
saires. Un væu non libre est nul; not free is void; a vote expressed in
un væu conçu en termes ambigus est ambiguous terms is inadmissible; a
inadmissible; un voeu non constaté vote not verified is not a vote. To
n'est pas un væu. C'est à cette triple this triple proof I am going to submit
épreuve que je vais soumettre ce qu'on what is called the vote of the majority
appelle le væu de la majorité des com- of the communes of the Comtat Ve-
munes du Comtat Venaissin.
naissin
Je commencerai par les trois com- I shall begin with the three com-
munes dont le væu m'a paru être le munes whose vote appeared to me the
moins attaquable. ?
least questionable, 1
}
J'ai parcouru, Messieurs, toutes les
pièces qui pouvaient vous éclairer sur
le veu 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.
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,
35 m'ont fourni des objections qui
me paraissent attaquer fortement la
légalité de leur vou.
En effet, les caractères de la ter-
reur ne peuvent pas se méconnaître.
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-
1 The detailed examination of the votes of the individual communes is omitted.
AVIGNON AND THE VENAISSIN, 1791
203
vants que les 35 délibérations sont in the twenty days following, that the
prises ; elles sont fondées sur la néces- thirty-five decisions were taken; they
sité, le salut du peuple, et l'empire des are based on necessity, the welfare of
circonstances. On y allègue l'aban- the people, and the force of circum-
don du pape, et cet abandon même stances. The abandonment of the
n'est pas exact. Le pape a, par une Pope is alleged therein and even this
lettre du 6 octobre 1790, réclamé les abandonment is not exact. The Pope
bons offices et la protection de la by a letter of October 6, 1790, called
France pour rétablir la paix et l'ordre for the good offices and the protection
dans ce malheureux pays. Je sais of France to reestablish peace and or-
qu'une demande de secours n'est pas der in that unhappy country. I know
un secours effectif; mais peut-être est- that a request for help is not an effec-
il permis de dire ici qu'un prince tive succor; but perhaps it is permis-
faible, qui met ses sujets sous la pro- sible to say here that a feeble prince
tection du roi des Français, peut who puts his subjects under the pro-
croire ne les avoir pas abandonnés. tection of the King of the French.
may believe that he has not abandoned
them.
Il y a loin, Messieurs, du résultat There is a great distance, gentle-
de l'examen que je vous ai soumis à men, between the result of the exami-
celui que vous présentait M. le rap- nation I have submitted to you and
porteur. Il vous annonçait 51 com- that presented to you by the gentle-
munes ayant formé un væu formel man who made the report. He an-
de réunion; et, en compulsant les nounced to you that fifty-one com-
pièces, je n'en trouve que 44 dont il munes had made a formal vote of
existe des délibérations quelconques. union; and, by forcing the records, I
Sur ce nombre, j'en retranche 7 par found only forty-four of them in
des raisons qu'il est impossible d'at- which any decisions whatever exist.
taquer; et sur les 37 restantes, il n'en Out of this number I take seven for
est que 3 qui présentent l'apparence reasons which it is impossible to at-
d'un consentement, les autres sont tack; and out of the thirty-seven re-
viciés de toute part; aucune n'est en maining, there are but three of them
même temps libre, positive et con- which present the appearance of an
statée. Ici le nombre des votants est acquiescence, the others are entirely
omis, là c'est un simple certificat sans vitiated; not one is at the same time
forme légale; dans quelques pièces, ce free, positive and verified. Here the
sont des ratures coupables qui al- number of voters is omitted, there it
tèrent leur sens; souvent, ce sont de is simply a certificate without legal
simples copies envoyées par les Avig- form, in some papers there are cul-
nonais qui disent avoir les minutes, pable erasures that alter their sense;
circonstance qui les annule toutes; car often they are simple copies sent by
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DOCUMENTS
une pièce qui n'est fournie et cer- the people of Avignon who say that
tifiée que par la partie adverse ne fut they have the minutes, a fact that an-
jamais une pièce probante...
nuls them all; for a paper which is
furnished and certified only by the ad-
verse party never was a probatory
document.
Je conclus à ce que la réunion ne I conclude that the union should not
soit pas décrétée; mais, frappé comme be decreed; but being struck, like all
tous les membres de cette Assemblée,
the members of this Assembly, by the
des dangers affreux auxquels sont ex- frightful dangers to which are ex-
posés les citoyens de cette contrée si posed the citizens of this country so
heureuse il y a deux ans, je désire que happy two years ago, I want you to
vous y portiez la paix; je soutiens que
introduce peace there; I maintain that
vous le pouvez dans tous les systèmes
you can do it on all grounds and on
et dans toutes les hypothèses.
all hypotheses.
En droit positif, vous êtes requis By positive right, you are called
par le prince, sa réquisition est du
upon by the prince, his requisition is
mois d'octobre dernier; en droit na- of the month of October last; by nat-
turel, vous l'êtes par les malheureux ural right, you are also called upon by
Comtadins, dont tous les prétendus the unhappy people of the Comtat, all
vaux de réunion se réduisent à ce
of whose pretended votes of union re-
seul cri: Sauvez-nous, car on nous duce themselves to the sole cry:
Save
égorge. Je crois que les Avignonais us for we are being slaughtered. I
eux-mêmes vous sauront gré de leur believe that the people of Avignon
épargner des crimes; je ne croirai pas themselves will thank you to spare
qu'ils prétendent vous résister, quoi- them crimes; I will not believe that
qu'un honorable membre nous ait an- they may try to resist you, although
noncé dans la séance d'avant-hier et an honorable member announced to us
leur résistance future, et même la dés- at the session of day before yesterday,
obéissance des départements qu'il croit both their future resistance and even
attachés à leur cause.
the disobedience of the departments
that he thinks attached to their cause.
Je crois que les commissaires qu'il I think that the commissioners
faut envoyer dans le Comtat et à Avig- whom it is necessary to send into the
non doivent être provisoirement re- Comtat and to Avignon must be provi-
vêtu de grands pouvoirs, il faut que sionally clothed with great powers, it
les forces soient assez considérables is necessary that the forces be rather
pour que l'impossibilité de la résist- large so that the impossibility of re-
ance ramène sûrement le calme; il sistance may surely bring about tran-
faut que toutes les autorités usurpa- quillity; it is necessary that all the
AVIGNON AND THE VENAISSIN, 1791
205
trices disparaissent devant les com- usurping authorities should disappear
missaires que vous enverrez; il faut before the commissioners whom you
que, après ces préliminaires, le vou shall send; it is necessary that, after
du peuple puisse être émis avec tran- these preliminaries, the vote of the
quillité, et c'est alors que vous jugerez. people be cast in tranquillity, and then
si ce vou peut devenir pour vous you will judge whether this vote may
l'objet d'une délibération.
become the subject of your delibera-
tions.
.
own.
M. DU
CHATELET.1 J'avais M. DU CHATELET. ...I had
pensé et je pense encore que la nation thought and I still think that the na-
a le droit et même le devoir d'employer tion has the right and even the duty
tous les moyens qui sont en sa puis- of using all the means in its power to
sance pour mettre un terme aux hor- put an end to the horrors which have
reurs qui désolent depuis trop long- so long desolated a little State sur-
temps un petit Etat environné de rounded on all sides by French de-
toutes parts de départements français; partments; as every individual has the
comme tout individu a le droit et right and even the duty of using all
même le devoir d'user de toutes ses his powers to put out the fire that
facultés pour éteindre le feu qui em- would consume the house touching his
braserait la maison qui touche à la
sienne.
Quant au vou du peuple avigno- As to the vote of the people of
nais, je ne l'ai jamais regardé ni Avignon, I never regarded it as cast
comme assez généralement ni surtout generally
generally enough, or even freely
comme assez librement prononcé, et enough, and it seemed to me that this
il m'a paru que cette vérité vous avait fact had been demonstrated to you
été démontrée dans tous ses détails yesterday in all its details, even to the
hier jusqu'à l'évidence.
evidence.
Que votre humanité donc, que votre Therefore let your humanity, let
intérêt même rétablisse promptement your interest,
reestablish
l'ordre et le calme dans le Comtat; promptly order and calm in the Com-
éteignez-y les flambeaux de la dis- tat; put out the torches of discord
corde; qu'il n'y ait plus dans ce mal- there; let there be no longer cruelty
heureux pays ni cruautés, ni victimes; nor victims in that unhappy country;
que les peuples du Comtat et d'Avig- let the peoples of the Comtat and of
non se rassemblent ensuite librement, Avignon then come together freely,
paisiblement, légalement sous votre peaceably, legally under your tutelary
protection tutélaire et vous obtiendrez protection and you will certainly ob-
certainement par la reconnaissance ce tain through gratitude what it would
even,
1 Session of May 3.
206
DOCUMENTS
qu'il serait indigne de vous de devoir
à la crainte ou à l'abus de la puissance.
be unworthy of you to owe to fear or
to the abuse of
power.
I say
M. PÉTION DE VILLENEUVE.
M. PÉTION DE VILLENEUVE.
Je dis, Messieurs, que les délibérations I say, gentlemen, that the decisions
qui ont été invoquées sont celles qui that have been invoked are those that
ne peuvent pas être admises, et que ces can not be admitted, and that the deci-
délibérations dont votre comité vous sions of which your committee has
a parlé, renferment un væu libre, un told you, comprise a free vote, a vol-
Væu volontaire, un væu parfaitement untary vote, a vote properly ex-
exprimé, et j'éspère vous le démontrer. pressed, and I hope to prove it to you.
(Rires à droite.)
(Laughter on the Right.)
Je dis qu'il n'y a pas une commune
that there is not a commune in
dans le Comtat qui ne désire la ré- the Comtat that does not desire union
union avec la France; il n'est pas une with France; there is not a commune,
commune, Messieurs, qui n'ait arboré gentlemen, that has not set up the
les armes de la France. Quelle est la arms of France. What is the diffi-
difficulté qui survient aujourd'hui en- culty arising today between the people
tre les Comtadins et les Avignonais ? of the Comtat and those of Avignon?
Croyez-vous que ce soit pour la ré- Do you think it is on account of the
union à la France ? Non; les troubles union with France ? No; the troubles
viennent principalement d'une jalousie come chiefly from a jealousy between
entre Avignon et Carpentras, suscitée Avignon and Carpentras, created by
par les ennemis du bien public précisé- the enemies of the public good pre-
ment pour empêcher la réunion.1 cisely in order to prevent the union.
L'Assemblée décrète qu'il ne sera The Assembly decrees that no more
plus entendu personne.2 (Applaudis- speakers shall be heard. (Applause
sements dans les tribunes.)
in the galleries.)
LE PRÉSIDENT. Au nom de l'As- THE PRESIDENT. In the name of
semblée je déclare aux tribunes et aux the Assembly I announce to the trib-
galeries que je ferai sortir le côté qui unes and the galleries that I will have
le premier donnera le moindre signe ejected the side that first gives the
d'applaudissement.
slightest sign of applause.
Il va être procédé à l'appel nominal. The roll call will be proceeded with.
Voici le résultat de l'appel nominal 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
207
sur le premier article du projet de dé- the first article of the draft decree of
cret du comité portant réunion d'Avig- the Committee on Union of Avignon
non et du Comtat Venaissin à la and the Comtat Venaissin with
France.
France,
Le nombre des votants a été de 870; The number voting was 870;
316 ont voté oui.
316 voted yes.
487 ont voté non.
487 voted no.
67 n'on pas donné de voix.
67 gave no vote.
En conséquence, l'Assemblée na- Consequently the National Assem-
tionale a rejeté le premier article du bly has rejected the first article of the
comité. 1
committee.
Draft Decree for the Union of Avignon Proposed by Menou in the Third Re-
port of the Committees on Avignon. May 24, 1791 2
M. DE MENOU, rapporteur. . . . Je M. DE MENOU, reporter. .. . I
ne parlerai pas du premier væu formé shall not speak of the first wish of the
par les Avignonais, dans le mois de Avignon people, in June, 1790, since it
juin 1790, puisqu'on m'objecte qu'il is objected that it was uttered in the
fut émis au milieu du tumulte, du dé- midst of tumult, of disorder and of
sordre et du massacre de plusieurs the massacre of several citizens.
citoyens.
Je passe aux actions subséquents. I pass to subsequent acts. All con-
Tous renferment le væu le plus so- tain the most solemn, most free and
lennel, le plus libre, le plus légal de se most legal wish to be united to France.
réunir à la France.
Le premier est un serment prêté sur 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
niost 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
DOCUMENTS
la roche du Don par toutes les gardes the French constitution, nation, law
nationales d'Avignon, et de son terri- and King, taken on the Roche du Don
toire, à la Constitution française, à la by all the National Guards of Avig-
nation, à la loi et au roi; il est en date non, and of its territory; it is of the
du 14 juillet, jour de la fédération date of July 14, the day of the general
générale de l'Empire français. Il federation of the French Empire. It
fut prêté en présence de plusieurs dé- was taken in the presence of several
tachements de gardes nationales des detachments of the National Guards
villes françaises voisines d'Avignon. of the French towns, neighbors of
Le deuxième est une lettre écrite par Avignon. The second is a letter
la municipalité d'Avignon à l'Assem- written by the Municipality of Avig-
blée nationale, au nom des habitants non to the National Assembly in the
de cette ville, pour demander la ré- name of the inhabitants of that town,
union. Elle est du 13 août 1790. to ask for union. It is dated August
13, 1790.
Le troisième est un nouveau ser- The third is a new oath of the Na-
ment des gardes nationales avigno- tional Guards of Avignon.
naises.
Le quatrième est l'adhésion au ser- The fourth is the adhesion to the
ment précédent donné par les habi- preceding oath given by the inhabit-
tants de Morieresbourg dépendant ants of Morieresbourg, a dependency
d'Avignon, en date du 6 septembre of Avignon, dated September 6.
·Le cinquième est un vou formé par The fifth is a wish formed by the
les 9 sections ou districts composant nine sections or districts composing
l'assemblée générale des citoyens ac- the general assembly of active citi-
tifs d'Avignon pour se réunir à la zens of Avignon to be united to
France, et s'incorporer au départe- France, and to incorporate themselves
ment des Bouches-du-Rhône, en date in the Department of the Bouches-du-
du 6 octobre 1790.
Rhône, dated October 6, 1790.
Le sixième est un vậu formé par The sixth is a wish formed by the
les 9 districts ou sections composant nine districts or sections composing
l'assemblée générale des citoyens ac- the general assembly of active citizens
tifs d'Avignon, pour se réunir à la of Avignon to be united to France,
France, et envoi de cette délibération and the dispatch of this deliberation
à tous les departements du royaume, to all the departments of the king-
en date du 26 octobre 1790: à cet acte dom, dated October 26, 1790; to this
est jointe une lettre d'envoi à l'Assem- act is joined a letter of despatch to the
blée nationale.
National Assembly.
Le septième est un vou formé par The seventh is a wish formed by
les citoyens actifs d'Avignon, pour se the active citizens of Avignon to be
réunir à la France. Il a été transmis united to France. It was transmitted
車 ​.
AVIGNON AND THE VENAISSIN, 1791
209
à l'Assemblée nationale, par MM. les to the National Assembly by the com-
commissaires du roi, envoyés dans le missioners of the King, sent into the
département du Gard; à cet acte est Department of Gard; to this act is
jointe une lettre des commissaires qui joined a letter of the commissioners
constate le veu des Avignonais; cet who confirm the wish of the people of
acte est du 15 mars 1791.
Avignon; this act is dated March 15,
1791.
Le huitième est une lettre des élec- The eighth is a letter of the electors
teurs de l'assemblée électorale de Vau- of the Electoral Assembly of Vau-
cluse, séante à Avignon, à l'Assemblée cluse, sitting at Avignon, to the Na-
nationale, pour demander la réunion, tional Assembly, to ask for union,
en date du 18 mars 1791; cette lettre dated March 18, 1791; this letter is
est revêtue des signatures de tous les furnished with the signatures of all
électeurs.
the electors.
Le neuvième est une lettre de la The ninth is a letter of the Munici-
municipalité d'Avignon à l'Assemblée pality of Avignon to the National As-
nationale écrite au nom du peuple sembly, written in the name of the
avignonais, et datée du 16 mai 1791; people of Avignon and dated the 16
elle demande la réunion par les motifs of May, 1791; it asks the union for
les plus pressants, et a été. lue hier ma- the most pressing reasons, and it was
tin à l'Assemblée nationale; elle est read yesterday morning to the Na-
accompagnée d'une lettre au prési- tional Assembly; it is accompanied by
dent de l'Assemblée nationale, en date a letter to the President of the Na-
du 17 mai.
tional Assembly, dated May 17.
Je pense, Messieurs, que les diffé- I think, gentlemen, that the differ-
rents actes dont je viens de vous ren- ent acts of which I have just given
dre compte, vous paraîtront suffisants you an account will appear to you
pour constater, de la manière la plus sufficient to prove, in the most evident
évidente, le veu libre, solennel et manner, the free, solemn and formal
formel des Avignonais. On ne pourra wish of the people of Avignon. No
pas alléguer que ce væu ait été émis au
one can allege that this wish has been
milieu des troubles : car j'ai entière- expressed in the midst of disturb-
ment écarté tous les actes qui ont eui ances: for I have entirely set aside
lieu dans le mois de juin, quoique all the acts which took place in the
plusieurs d'entre eux soient revêtus · month of June, although several
des formes les plus authentiques et les among them may have been clothed in
plus légales. Tous les troubles étaient the most authentic and legal forms.
cessés à Avignon à la fin de ce mois, All the disturbances had ceased at
et je n'ai fait mention des actes qu'à Avignon at the end of this month, and
commencer du 14 juillet, époque à I have mentioned only the acts com-
laquelle on avait admis ici à la grande mencing from the 14th of July, the
210
DOCUMENTS
fédération une députation des gardes epoch at which a deputation of Na-
nationales avignonaises : je dois ob- tional Guards of Avignon were ad-
server aussi que la population d'Avig- mitted here to the great federation : I
non, n'étant que de 24,000 âmes, ne must also observe that the population
donne qu'environ 4 à 5,000 citoyens of Avignon, being only 24,000 souls,
actifs. Le væu des Avignonais est gives only about four to five thou-
encore constaté par une infinité d'actes sand active citizens. The wish of the
qui vous ont été envoyés, des départe- people of Avignon is further proved
ments et districts voisins: Orange, Va- by an infinity of acts which have been
lence, Aix, Nions, Château-renard, sent to you from the neighboring de-
Nîmes, Marseille, Arles, Courtheson, partments and districts: Orange, Va-
Tarascon, etc.,
etc., n'ont
n'ont cessé lence,
cessé lence, Aix, Nions, Château-renard,
d'écrire à l'Assemblée nationale pour Nimes, Marseilles, Arles, Courtheson,
l'engager à prononcer sur la pétition Tarascon, etc., etc., have not ceased
des Avignonais, et l'avertir du danger to write to the National Assembly to
qu'il y aurait à rejeter leur vau. 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.
et
J'ai en conséquence, l'honneur de I have consequently the honor of
vous proposer le projet de décret sui- proposing to you the following draft
vant, au nom des comités diploma- decree, in the name of the Diplomatic
tique, de Constitution et d'Avignon: Committee, and the Committees on
the Constitution and on Avignon:
“L'Assemblée nationale, après 'The National Assembly, having
avoir entendu le rapport de ses comités heard the report of its Committee on
de Constitution, diplomatique the Constitution, its Diplomatic Com-
d'Avignon, relativement aux droits de mittee, and its Committee on Avig-
la France sur l'Etat d'Avignon et son non regarding the rights of France
territoire, ainsi qu'au veu libre, légal over the State of Avignon and its ter-
et solennel des Avignonais pour se ritory, as well as the free, legal and
réunir à l'Empire français, décrète : solemn wish of the people of Avignon
to be united to the French Empire,
decrees :
“10. Qu'elle admet et incorpore les “1. That it admits and incorporates
Avignonais dans la nation française, the people of Avignon in the French
dont ils feront désormais partie in- nation, of which it shall henceforth
tégrante, leur accordant tous les droits form an integral part, granting to
et avantages de sa Constitution; them all the rights and advantages of
its constitution;
-
AVIGNON AND THE VENAISSIN, 1791
211
“ 2°. Que le roi sera prié de donner “ 2. That the King be requested to
au ministre des affaires étrangères, give to the Minister of Foreign Af-
tous les ordres nécessaires pour négo-
fairs all the orders necessary to nego-
cier, avec le pape, les indemnités qui tiate with the Pope whatever indemni-
pourraient lui être dues;
ties may be due him;
“ 3º. Le roi sera également prié "3. The King shall also be re-
d'ordonner aux citoyens dudit Etat quested to order the citizens of the
et territoire d'Avignon, de cesser tout said State and territory of Avignon,
acte d'hostilité contre les habitants du to cease from all acts of hostility
Comtat Venaissin, avec lesquels la na- against the inhabitants of the Comtat
tion française veut vivre en bonne in- Venaissin, with whom the French na-
telligence: 1
tion desires to live in amity.
Decree of the National Assembly Providing that Mediators shall be sent to
Avignon. May 25, 1791 2
L'Assemblée nationale décrète que The National Assembly decrees
le président se retirera par devers le that the President shall repair before
roi, pour le prier:
the King to request him:
1º. D'envoyer des médiateurs qui 1. To send mediators who shall in-
interposent les bons offices de la terpose the good offices of France be-
France entre les Avignonais et les tween the people of Avignon and
Comta dins et fassent tous leurs efforts those of the Comtat and shall exert
pour les amener à la cessation de toute all their efforts to induce them to stop
hostilité, comme un provisoire néces- hostilities as a provision necessary be-
saire avant de prendre aucun parti fore taking any further decision re-
ultérieur relativement aux droits de garding the rights of France over the
la France sur ces pays;
country;
2° D'employer les forces qui sont 2. To employ all the forces in their
en son pouvoir, pour empêcher que power to prevent the troops making
les troupes qui se font la guerre dans war in the Comtat Venaissin from
le Comtat Venaissin, ne fassent au- any irruption into French territory;
cune irruption sur le territoire de
France;
30 De réclamer tous les Français
3. To recall all the Frenchmen who
qui ont pris parti dans l'une ou l'autre 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., 1st series, vol. 26, p. 382.
2 Arch. parl., 1st series, vol. 26, p. 461.
212
DOCUMENTS
des deux armées, et de faire à cet ef- the other of the two armies, and to
fet une proclamation qui fixe un délai make a declaration to this effect which
et assure une armistie [sic] aux mili- shall fix a term and assure an am-
taires français qui rentreront dans le nesty to the French soldiers who shall
délai prescrit, et qui déclare déserteurs return within the period prescribed,
à l'étranger ceux qui ne rentreraient and which shall declare as deserters
pas;
to a foreign Power those who do not
return;
4° De faire poursuivre et punir 4. To pursue and punish as a re-
comme embaucheur tout homme qui cruiting officer any
cruiting officer any man who in
ferait en France des recrues, soit pour France recruits for either the one
1:n parti, soit pour l'autre.
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 Mediating Commissioners of France, Deputed by the
King. June 14, 1791 1
Cejourd'hui, 14 juin 1791, MM. To-day, June 14, 1791, the deputies
les députés de l'assemblée électorale of the Electoral Assembly of the Mu-
des municipalités d'Avignon et de Car- nicipalities of Avignon and of Car-
pentras et de l'armée de Vaucluse, pentras and of the Army of Vaucluse
étant réunis en présence de MM. les having met in the presence of the Me-
médiateurs de la France, sont con- diators of France, have agreed on the
venus de ce qui suit et en ont pris following, and have made a formal
l'engagement formel pour ce qui con- engagement with the Mediators of
cerne leur commettants respectifs, en- France as to that which concerns their
vers MM. les médiateurs de la France: respective constituents.
Art. 1º5. Chaque députation s'en- ARTICLE 1. Each deputation un-
gage à suspendre dès à présent toutes dertakes to suspend all hostilities from
hostilités, à licencier toutes les troupes this time on, to disband all forces
armées pour la guerre, à rétablir et armed for purposes of war, to estab-
protéger la liberté et la sûreté des lish and to protect the liberty and the
campagnes et la récolte des moissons. safety of the countryside and the
gathering of the harvests.
Art. 2. Il est convenu entre les ART. 2. It is agreed between the
deux parties contractantes que l'as- contracting parties that the Electoral
1 Arch. parl., 1st series, vol. 27, p. 708.
AVIGNON AND THE VENAISSIN, 1791
213
semblée électorale se réunira dans un Assembly shall meet in a place which
lieu qui ne soit soupçonné d'aucune shall not be suspected of any party
influence de parti, le plus propre à la influence, and shall be the one most
liberté des suffrages, et qui sera choisi compatible with a free vote, and
par MM. les médiateurs.
which shall be chosen by the medi-
ators.
ART. 3. Pour hâter le succès des ART. 3. In order to hasten the
intentions bienfaisantes de l'Assem- success of the beneficent intentions of
blée nationale de France, les députés the National Assembly of France, the
de l'assemblée électorale arrêtent deputies of the Electoral Assembly
qu'elle ne s'occupera que des objets decree that the Assembly shall occupy
relatifs à la médiation pendant toute itself throughout its duration solely
sa durée.
with subjects relative to the media-
tion.
Art. 4. Il a été arrêté par toutes ART. 4. It has been resolved by
les parties que, pendant tout le temps all parties that, during the whole time
que l'assemblée électorale s'occupera that the Electoral Assembly shall oc-
de la décision de l'état politique du cupy itself with the decision of the
pays, tous les corps administratifs political state of the country, all the
seront circonscrits dans les droits qui administrative bodies shall be limited
sont de leur essence et qu'ils ne s'attri- to the rights which are of their es-
bueront aucun de ceux qui appartien- sence and that they shall assume none
nent aux corps administratifs de la na- of those which pertain to the admin-
tion.
istrative body of the nation.
ART. 5. Pour assurer l'exécution Art. 5. In order to assure the ex-
des présents préliminaires, pour ren- ecution of the present Preliminaries,
dre à ceux qui auraient pu être in- to restore to those who may have
timidés par la force, leur liberté en- been intimidated by force, their entire
tière et absolue, enfin pour prévenir and absolute liberty, and, finally, to
le désordre de ceux qui, après le li- prevent disorders by those who, after
cenciement des armées, pourraient se the disbanding of the armies, might
répandre dans les campagnes et y spread themselves throughout the
exercer des vexations, MM. les dé- countryside and there cause trouble,
putés de l'assemblée électorale, des the deputies of the Electoral Assem-
municipalités d'Avignon et de Carpen- bly, of the Municipalities of Avignon
tras et de l'armée de Vaucluse de-
and of Carpentras, and of the Army
mandent unanimement à MM. les of Vaucluse unanimously request the
médiateurs de la France:
Mediators of France:
1º. De se porter pour garants en-
1. To hold themselves as guar-
vers et contre chacun des contrac- antors towards and against each of
tants, comme aussi contre toute asso- the contracting parties, as also against
214
DOCUMENTS
ciation et attroupements faits dans all associations and mobs organized in
les deux Etats pour s'opposer à l'ordre the two States to oppose public order
public et à l'exécution des engage- and the execution of the engagements
ments ci-dessus mentionnés;
above mentioned.
2° De placer, dans les 2 villages 2. To place French troops in the
d'Avignon et de Carpentras et dans two cities of Avignon and Carpentras,
tout autre lieu où besoin serait, des and in all other places where there
troupes françaises pour prévenir tous may be need, in order to prevent the
les maux prévus dans le présent ar- ills anticipated in the present article,
ticle, bien entendu que les armées ne it being understood that the armies
seront licenciées qu'après que l'on aura shall not be disbanded until after the
pris lesdites sûretés pour rétablir l'or- aforesaid measures to restore order
dre.
shall have been taken.
ART. 6. Il a été convenu, entre Art. 6. It has been agreed be-
toutes les parties, que les présents pré- tween all the parties that the present
liminaires seraient envoyés à toutes Preliminaries shall be sent to all the
les communes de l'Etat d'Avignon et communes of the States of Avignon
Comtat Venaissin, à l'effet par elles and of the Comtat Venaissin, in order
d'envoyer chacune un député muni de that each shall send a deputy provided
pouvoirs suffisants pour contracter et with sufficient power to contract and
souscrire ce présent engagement.
subscribe to the present engagement.
ART. 7. Il a été arrêté enfin que ART. 7. It has been agreed, lastly,
tous les prisonniers respectivement that all the prisoners taken by each
faits seront rendus sans rançon et à party respectively, shall be set free
l'instant du licenciement des armées. without ransom and at the time of the
disbanding of the armies.
Les présents préliminaires ont été The present Preliminaries have been
arrêtés et signés, pour être exécutés agreed on and signed, to be exe-
aussitôt après la ratification respec- cuted immediately on their ratification
tive des commettants de chacune des by the constituents of each of the dep-
deputations, en présence de MM. les utations, in presence of the Medi-
médiateurs de France, députés par le ators of France, deputed by the King,
roi, lesquels ont signé avec les con- who have signed with the contracting
tractants, comme témoins et garants parties, as witnesses and guarantors
des présentes.
of these presents.
Fait à Orange, les jour, mois et an Done at Orange, on the day, month,
and year as above.
(Suivent les signatures.) 1
(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, 1st series, p. 709.
que dessus.
AVIGNON AND THE VENAISSIN, 1791
215
Letter of the Mediators to the President of the National Assembly at
Bédarides 1
La paix, arretée dans les pré- The peace agreed upon in the Pre-
liminaires de paix, Monsieur, a eu liminaries of Peace, Sir, has had re-
son effet. L'armée de Vaucluse a été sults. The Army of Vaucluse has
licenciée, et déjà Avignon et plusieurs been disbanded, and already Avignon
grandes communes du Comtat se sont and several of the large communes of
empressées d'émettre un voeu sur leur the Comtat have made haste to express
sort politique. Une paix durable ne a wish as to their political future. A
peut s'établir, la prospérité publique durable peace can not be established,
ne peut renaître que par la réunion des public prosperity can not be restored,
opinions et des võux sur cet objet save by unanimity of opinion and de-
important. Veuillez donc, Monsieur, sire as to this important subject. Be
adresser à toutes les communes la let- so good then, Sir, as to send the en-
tre ci-jointe; leur annoncer que, con-
closed letter to all the communes, to
formément aux préliminaires de paix, announce to them that, in conformity
l'Assemblée électorale va se réunir à with the Preliminaries of Peace, the
Bédarides, lieu que nous avons in- Electoral Assembly will shortly meet
diqué, et qu'il est instant qu'elles s'em- at Bédarides, the place indicated by
pressent d'y envoyer leurs députés, us, and that it is of immediate impor-
afin de dépouiller les procès-verbaux tance that they should make haste to
d'émission des veux et de constater send their deputies there, in order to
la majorité.
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 2
Je vous envoie, Messieurs, une I am sending you, Sir, a certified
copie certifiée de la lettre qui m'a été copy of the letter which has been sent
adressée par MM. les Médiateurs de to me by the Mediators of France.
la France. L'Assemblée électorale, The Electoral Assembly, which is
qui va se réunir à Bédarides, verra about to meet at Bédarides, will look
avec satisfaction tout ce que vos con- 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
DOCUMENTS
Secretary.
citoyens feront pour concourir au suc- citizens may do to promote the suc-
cès de leurs vues bienfaisantes. Je cess of their benevolent intentions. I
vous salue cordialement.-- DUPRAT, greet you cordially,- DUPRAT, Presi-
président; VATON, secrétaire; Ru- dent; Vaton, Secretary; RUCHON,
CHON, secrétaire.
Nous vous prévenons, Messieurs, We hereby inform you, Sir, that in
que, conformément aux préliminaires conformity with the Preliminaries of
de paix ratifiés par la majorité des Peace, ratified by a majority of the
communes et garantis par la France, communes and guaranteed by France,
en vertu du décret de l'Assemblée na- by virtue of the decree of the National
tionale du 4 juillet, présent mois, il Assembly of July 4 of the present
est instant que vous envoyiez des month, it is of immediate importance
députés à l'Assemblée électorale qui that you send deputies to the Elec-
s'assemblera jeudi 21 juillet, présent toral Assembly, which will assemble
mois, au lieu de Bédarides que nous on Thursday, July 21 of the present
avons désigné. Elle sera le point cen- month, at the place of Bédarides, des-
tral où le procès-verbal d'émission des ignated by us. This will be the cen-
væux sur l'état politique du pays sera tral point where the official statement
dressé, à l'effet de constater sous nos of the wishes expressed as to the po-
yeux la majorité des suffrages.
litical state of the country shall be
drawn up, for the purpose of ascer-
taining in our presence, the majority
of the votes.
Formal Minute of the Communal Assembly of Séguret. August 11, 1791 1
La municipalité ayant convoqué The Municipality having the day
la veille par cris publics tous les cito- before, by public crier, convoked the
yens actifs, ils s'assemblèrent au nom- active citizens, they assembled to the
bre de cent trois, le 11 août 1791. number of three hundred, on August
Après que le Procureur de la com- 11, 1791. After the Procurer of the
mune leur eut fait part du discours Commune had reported to them the
à lui tenu par l'un des Médiateurs, discourse made to him by one of the
relativement à l'émission de leur væu, Mediators, regarding the emission of
tous les assemblés prirent à l'unani- their vote, all those assembled unani-
mité la délibération suivante: 1º de mously adopted the following delib-
voter des remerciements à la généreuse erations:
erations: 1. to vote their thanks to
nation des Français, qui, instruite et the generous French nation, which, in-
1 Charpenne, Les Grands Episodes de la Révolution, vol. 3, p. 224.
AVIGNON AND THE VENAISSIN, 1791
217
over-
touchée de l'anarchie et des horreurs formed of and touched by the anarchy
qui désolent notre province, a daigné, and the horrors which are desolating
dans l'immensité de ses travaux, s'oc- our province, has deigned in the im-
cuper de nous, compâtir à nos mal- mensity of its labors, to occupy itself
heurs et nous envoyer des Médiateurs, with us, to pity our misfortunes and
qui fidèles à la mission la plus auguste, to send to us the Mediators, who,
ont mis en usage tous les moyens pour faithful to their most august mission,
ramener parmi nous la paix et la have made use of every means to re-
sûreté; 2° de renouveler le serment de store peace and safety among us; 2.
fidelité au Saint-Siège, dans la per- to renew the oath of fidelity to the
sonne de Pie VI, souverain Pontife, Holy See in the person of Pius VI.
qui, nous rappelant par la sagesse de Sovereign Pontiff, who, recalling to
son gouvernement et la tendresse de us by the wisdom of his government
son cœur paternel tous les bienfaits and the tenderness of his paternal
dont ses prédécesseurs ont toujours heart, all the benefits with which his
comblé cette province, nous a tou- predecessors have always
jours traités en enfants chéris plutôt whelmed this province, and have al-
qu'en sujets; 3° de révoquer et re- ways treated us as beloved children
garder comme de nullité toutes les rather than as subjects; 3. to revoke
délibérations que la crainte et la ter- and to regard as null all deliberations
reur ont pu leur arracher jusqu'à ce which fear and terror have been able
jour et pourraient leur commander à to wrest from them up to this time
l'avenir, protestant vouloir vivre et and might be able to dictate to them
mourir sujets de N.-S. Père le Pape, in the future, protesting that they
et disciples de la religion catholique wish to live and to die subjects of
apostolique et romaine, dont il est le our Holy Father the Pope, and dis-
chef comme vicaire de Jésus-Christ et ciples of the catholic apostolic and
successeur de Saint-Pierre.
Roman religion, of which he is the
head as Vicar of Jesus Christ and suc-
cessor of Saint Peter.
Ainsi proposé, conclu et délibéré.— Proposed, concluded and deliber-
Extrait du registre de la commune de ated as above. Extract from the reg-
ce lieu de Séguret, tiré mot à mot. ister of the commune of this Town of
Séguret, copied verbatim.
DAVID, maire;
DAVID, Mayor;
BISCARRAT, secrétaire-greffier. BISCARRAT, Recording-Secretary.
218
DOCUMENTS
Report of Le Scène des Maisons on his Mission as Mediator. September
10, 1791 1
GENTLEMEN,
MESSIEURS,
Députés par le roi, vers les peuples As deputies from the King to the
d'Avignon et du Comtat, en exécu- people of Avignon and the Comtat, in
tion de vos lois des 24 mai et 4 juillet execution of your laws of May 24 and
dernier, nous allons mettre sous vos July 4 last, we are going to submit to
yeux ce qui seul est digne de vous : you what alone is worthy of you: the
la vérité attestée par le devoir et par truth attested by duty and by honor.
l'honneur.
La révolution opérée dans Avignon The revolution carried on in Avig-
et dans le Comtat Venaissin fut une non and the Comtat Venaissin was the
suite naturelle, inévitable, de celle ar- natural and inevitable result of that
rivée en France; ou plutôt elle fut la which took place in France; or rather
même, puisque, de tout temps, la na- it was the same, since, in every age,
ture, les liaisons du sang, les habitudes nature, ties of blood, habits, and poli-
et la politique, qui n'est constamment tics, which are continuously guided by
dirigée que par la loi impérieuse des the imperious law of mutual needs,
besoins mutuels, avaient fait de ces have made these tiny groups but parts
deux petites peuplades des portions de of the great human family in the
la grande famille dans le sein de la- midst of which they were placed.
quelle elles étaient enclavées.2
Tel était le sort des Etats d'Avignon Such was the condition of the
et du Comtat, lorsque l'Assemblée na- States of Avignon and of the Com-
tionale s'en occupa au inois de mai, tat, when the National Assembly gave
lorsque son humanité autant que sa its attention to them in the month of
justice décrétèrent d'y établir la paix May, and humanity as much as jus-
avant de prendre un parti ultérieur au tice decreed that peace should be estab-
sujet de ses droits sur ce pays; telle lished there before any additional
était enfin la tâche à remplir par les steps were taken in regard to its rights
médiateurs, et envoyés par le roi pour over the country; such was in short
remplir ces vues.
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 seq. 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
nitted paragraph recalls the events in Avignon and the Comtat before the arrival
of the Mediators.
AVIGNON AND THE VENAISSIN, 1791
219
Les médiateurs s'arrêtèrent à The Mediators stopped at Orange:
Orange: ils crurent qu'il était sage they believed that it was wise to avoid
d'éviter une nouvelle rivalité entre any additional rivalry between Avig-
Avignon et Carpentras, puisqu'il était non and Carpentras, since it was im-
impossible de se rendre dans les deux possible to be in both towns at the
villes en même temps. Ils crurent same time. They believed that it be-
qu'il importait de connaître les dis- hooved them to know the designs and
positions et les prétentions de tous, claims of all, before appearing in a
avant de s'exposer dans un pays où country where nothing was then re-
rien alors n'était respecté; ils crurent spected; they believed that it behooved
qu'il importait d'amortir ce premier them to soften the first shock of op-
choc des passions opposées, et de ré- posing passions, and to bring hostile
unir des hommes ennemis pour dis- factions together in their presence for
cuter en leur présence, et atteindre en- the purpose of discussion, and thus to
suite le but de leur mission. L'ex- attain the object of their mission.
périence confirma la justesse de leurs Experience proved the justice of their
vues, ils obtinrent bien plus de sacri- theories; they obtained many more
fices qu'ils n'en auraient obtenu au- sacrifices than they would have ob-
trement; chacun désirait la paix, et tained otherwise ; each desired peace,
elle n'était offerte qu'aux prétentions but this was rendered possible only by
raisonnables et au silence des pas- calmness and reasonable claims.
sions.
Cependant, d'un côte, le territoire In the meantime, on one side, the
de France venait d'être violé à Gigon- territory of France was violated at
das par des assassinats commis par des Gigondas by murders committed by
gens de l'armée du Haut-Comtat; de men of the army of the Haut-Comtat;
l'autre, les rassamblements se conti- on the other, crowds continued to con-
nuaient, et il était à craindre qu'en li- gregate, and it was to be feared that
cenciant l'armée avignonaise, celle qui in disbanding the army of Avignon,
se formait et qui paraissait considé- the one which was in training, and
rable, qui semblait avoir des liaisons which seemed considerable and with
très-étendues, ne causât de plus grands extensive connections, might cause
désordres encore; déjà les chefs exi- still greater disorders; already the
geaient, à l'instar de ceux d'Avignon, leaders were demanding forced contri-
des contributions forcées, et ils trou- tutions, after the fashion of those of
vaient bon pour eux ce qu'ils condam Avignon, and they thought things
naient en autrui.
right for them which they condemned
in another.
Il fallut retarder le licenciement de It was necessary to delay the dis-
l'armée d'Avignon jusqu'à ce qu'il fut banding of the army of Avignon un-
constant que les rassemblements se til it was certain that the crowds had
220
DOCUMENTS
dissipassent, et que des préliminaires dispersed, and that the Preliminaries
de paix, signés de toutes les parties, of Peace, signed by all parties, would
assurassent la tranquillité publique. assure public tranquillity.
Au nombre des contractants étaient Among the contracting parties were
les députés de cette assemblée élec- the deputies of that Electoral Assem-
torale réconnue par les uns, repoussée bly which was recognized by some, re-
par les autres, et assez généralement jected by others, and rather generally
haïe, puisque l'armée était à ses or- hated, since the army was under its
dres et qu'elle portait l'odieux de orders and it bore the blame of all its
toutes les vexations. L'admettre nous misdeeds. To recognize it appeared
parut en principe, puisqu'elle nous to us necessary, since it presented to
présentait 68 procès-verbaux sur 84, uis sixty-eight formal minutes out of
en vertu desquels elle existait; puisque eighty-four, in virtue of which it ex-
appeler une nouvelle députation, un isted, since to summon new deputies, a
nouveau corps délibérant, c'était op- new deliberative body, would be but to
poser puissance à puissance, doubler
oppose power to power, to double the
les embarras et créer un nouvel ob- embarrassment and to create a new
stacle à notre mission. Mais il fallait obstacle to our mission.
obstacle to our mission. But it was
en même temps tranquilliser les com- necessary at the same time to quiet the
munes qui la craignaient, qui ne vou- communes which feared it, which
laient point du tout la reconnaître; strongly opposed recognizing it; it
il fallait ramener celles qui avaient
was necessary to bring around those
rappelé leurs électeurs, celles qui ne which had recalled their electors,
voulaient pas en entendre prononcer which could not bear to hear its name
le nom.
Il fallait enfin obtenir la vo- mentioned. Moreover, it was neces-
lonté et la parole de toutes les com- sary to obtain both the desire and the
munes de mettre bas les armes.
promise of all the communes to lay
down their arms.
Nous trouvâmes ce point commun
We found this common point of
de la réunion des principes avec tous union of principles and interests, in
les intérêts, dans le troisième article the third article of the Preliminaries.
des préliminaires. L'Assemblée élec- The Electoral Assembly should be
torale devait être reconnue par tous, recognized by all, but only as
mais à l'effet d'être seulement le noeud common link in the interests of all.
commun des intérêts de tous. Pour In order to remove all fear of its ac-
ôter toute crainte de ses entreprises ou tions and political operations, it con-
de ses opérations politiques, elle con- sented of its own free will to be in-
sentait elle-même à être paralysée pour active in every other respect, and to
tout autre objet, et à n'avoir d'autre have no other function than that of
fonction que de recevoir, recueillir et receiving, collecting and reporting
constater les veux des communes sur the votes of the communes on their
a
AVIGNON AND THE VENAISSIN, 1791
221
a
leur sort politique; car ces peuples sen- political future; for the people saw
taient fort bien que poser les armes clearly that laying down arms was
n'était pas bannir l'anarchie d'un pays not banishing anarchy from
où chaque commune formait une es- country where each commune
pèce de petite république, où il n'exis- formed
formed a kind of tiny republic,
tait aucun gouvernement, aucun or-
where existed neither government
dre judiciaire; ils sentaient fort bien nor courts; they knew well that it
qu'il était important pour eux de was important for them to hasten
presser le moment de déterminer leur the time of decision in regard to their
sort politique, et que tous les moyens political \future, and that all means
qui pouvaient y concourir devaient which could contribute to it should
être saisis par eux avec avidité. Si be seized with avidity. If the Na-
l'Assemblée nationale s'était contentée tional Assembly had been content to
de dire: rétablir la paix avant de sta- say: reestablish peace before com-
tuer sur ses droits; pour eux qui ing to a decision in regard to their
n'apercevaient de bonheur que dans political rights; for those who saw
la réalisation de ces droits, qui déjà happiness only in the realization of
avaient présenté 68 délibérations sur these rights, who had already pre-
84, qui demandaient la réunion, qui sented sixty-eight deliberations out of
avaient vu ce væu ajourné, et à qui eighty-four, demanding union, who
on avait reproché qu'ils ne l'avaient had seen this wish put aside, who
pas émis librement; pour eux, dis-je, had borne the reproach that it had
la chose la plus instante, la plus im- not been freely expressed; for them,
portante était d'employer les premiers I say, the most urgent, and important
moments d'une paix garantie par la thing was to employ the first moments
France, pour émettre de nouveau, et of a peace guaranteed by France, in
à l'abri de tout reproche, un veu du- order to express again, guarded from
quel ils faisaient dépendre leur bon- all reproach, the wish
all reproach, the wish upon which de-
heur.
pended their happiness.
Telle fut la matière et l'objet des Such was the matter and the object
articles 3 et 4 des préliminaires de of Articles 3 and 4 of the Prelimin-
paix.
aries of Peace.
Ces préliminaires de paix furent These Preliminaries of Peace were
adoptés par l'Assemblée nationale; adopted by the National Assembly;
vous en fîtes, Messieurs, la loi du 4 you made of them, Gentlemen, the
juillet, et vous daignâtes en approu- law of July 4, and you deigned, in
vant les mesures et la conduite des mé- approving the measures and the con-
diateurs, donner à leurs travaux la duct of the Mediators, to give the
plus flatteuse récompense, à leur zèle most flattering reward to their work,
le plus puissant aiguillon.
the most powerful spur to their zeal.
Notre première entrée dans le pays The first entry in the country was
222
DOCUMENTS
1
fut la plus douce des jouissances; des the most delightful of pleasures;
champs couverts de riches moissons fields covered with rich harvests
attendaient les bras du cultivateur: awaited the arms of the farmers;
abandonnés depuis longtemps, ils vi- abandoned for a long time, they saw
rent reparaître les mains qui les again the hands which had enriched
avaient fertilisés, et de tous côtés nous them, and on all sides we received
recueillions pour vous les actions de for you the thanks and the blessing
grâces et les bénédictions d'un peuple of a people to whom you had re-
à qui vous rendiez le bonheur.
stored happiness.
Cependant les rassemblements de In the meantime, the gatherings of
Brantes, du Liberon et de Lagnes Brantes, of the Liberon and of
.venaient être dissipés par nos soins et Lagnes had been dispersed by our
notre fermeté, l'armée d'Avignon care and our firmness, the army of
venait d'être licenciée; et afin de pré- Avignon had been disbanded; and in
venir tout trouble, et sur la demande order to prevent all trouble, and upon
des municipalités, conformément à the request of the Municipality, in
la garantie de la loi du 4 juillet, nous conformity with the guarantee of the
avions fait marcher à Avignon 2 ba- law of July 4, we ordered to Avignon
taillons du ci-devant régiment de la two battalions of the former regi-
Fère, un de Somnemberg et 2 esca- ment of la Fère, one of Somnemberg,
drons de hussards; nous avions fait and two squadrons of huzzars; we
marcher à Carpentras un bataillon du ordered to Carpentras a battalion of
ci-devant régiment de Soissonais, un the former regiment of Soissonais, a
escadron de dragons et une compagnie squadron of dragoons and a com-
d'artillerie; c'était tout ce qu'il nous pany of artillery; this was all that
avait été possible d'obtenir, quoique it was possible for us to obtain,
infiniment au-dessous de ce qui était though infinitely below what was req-
nécessaire pour maintenir la paix dans uisite in order to maintain peace in
un pays de haines si invétérées, si mul- a country of such numerous and in-
tipliées.
veterate hatreds.
Toutefois, l'armée rentra dans Nevertheless, the army entered
Avignon : cette armée à laquelle les Avignon;
Avignon; this army to which the
calamités peut-être inévitables qu'elle calamities, perhaps inevitable, which
avait produites; les haines de la mu- it had occasioned, the antagonism of
nicipalité et les calomnies qui en the Municipality and the calumnies
avaient été la suite, avaient attaché la which had thereby resulted, had at-
désignation odieuse de brigands. tached the odious name of “brig-
Elle était composée de la garde soldée ands."
ands.” It was composed of the paid
avignonaise, d'un fort détachement de guard of Avignon, of a strong detach-
la garde nationale, et de 180 déser- ment of the National Guard, and of
teurs français, à peu près : elle montait about one hundred and eighty French
AVIGNON AND THE VENAISSIN, 1791
223
an
1
à plus de 3,000 hommes. Après avoir deserters: it comprised more than
remis leurs canons, la plupart des dé- 3,000 men. After having given up
tachements se retirèrent tranquille- their guns, the greater part of the de-
ment dans leurs communes. Nous tachments retired tranquilly to their
proclamâmes l'amnistie, et nous fîmes communes. We proclaimed
partir les déserteurs. Nous n'avions armistice, and we ordered off the de-
alors qu'à nous louer des chefs de serters. We had at that time noth-
l'armée et de l'assemblée électorale; ing but praise for the leaders of the
ils se conformaient strictement à la army and of the Electoral Assembly;
loi, et l'ordre régnait dans Avignon. they conformed strictly to the law,
and order reigned in Avignon.
Mais les haines étaient encore trop
But hatred was too fresh and
fraîches, les ressentiments trop actifs resentment too active to obtain abso-
pour obtenir une tranquillité absolue. lute tranquillity. Caron had been
Caron avait été une des villes mal- one of the unhappy towns which,
heureuses qui, flottant dans ses opin- wavering in its opinions, had fur-
ions, avait fourni des détachements nished detachments to the two hostile
aux deux armées ennemis. Nous armies. We had foreseen this diffi-
avions prévu cet inconvénient, et pour culty, and in order to prevent the ef-
éviter l'effet de ces haines, nous avions fect of these antagonisms, we had
écrit au commandant de Soissonais de written to the commanding officer of
protéger sa rentrée par un détache- the Soissonais to protect his return
ment des troupes de ligne. En ar- by a detachment of troops of the
rivant a Carpentras, ceux de Caron line. On arriving at Carpentras, the
furent attaqués par le peuple; un d'eux soldiers of Caron were attacked by
fut massacré malgré les efforts de nos the people; one of them
troupes; M. Desperon sauva le reste. murdered notwithstanding the ef-
forts of the troops; M. Desperon
saved the rest.
Il les fit conduire à Caron par 60 He had them conducted to Caron
hommes de ligne et remettre sous la by sixty men of the line and placed
protection d'une compagnie d'artil- under the protection of a company
lerie. Le peuple,
Le peuple, excité par of artillery. The people, aroused by
nommé Clément, commandant de one named Clément, Commandant of
Brantes, et ancien déserteur français, Brantes, and said to be a former
dit-on, fut bientôt en insurrection. French deserter, were soon in in-
On arrache 11 de ces malheureux du surrection. They dragged eleven of
château où on les avait déposés, et these unfortunates from the château
sous les yeux du détachement fran- where they had been lodged, and
çais; les officiers municipaux under the eyes of the French detach-
cachent ou ne paraissent pas. Sem- ment; the municipal authorities
was
un
se
224
DOCUMENTS
blables aux cannibales, on les traine either hid themselves or did not ap-
hors des murs, on leur donne un con- pear. Like cannibals, they dragged
fesseur, et là on les assassine tous à them outside the walls, gave them a
coups de fusil: entre eux était un confessor, and there they shot them.
électeur.
Among them was an elector.
On dit, et on aura peine à le croire, They say, and one will have diffi-
mais, à la honte de l'humanité, le fait culty in believing it, but to the shame
est certain, je l'ai verifié; cet atroce of humanity, it is a fact, I have veri-
Clément forçait les pères et mères de fied it, this atrocious Clément forced
ces malheureuses victimes à aller as- the fathers and mothers of these un-
sister à cet affreux assassinat. happy victims to witness their
(Mouvement.)
murder. (Movement.)
Dès que la nouvelle nous parvint, As soon as the news reached us,
nous courûmes en arrêter les suites; we hastened to prevent the conse-
mais, à l'instant, il fallut se multiplier; quences; but at that moment it was
le complot paraissait formé d'assas- necessary to multiply oneself; the
siner tous les détachements de l'armée plot appeared to be formed to
avignonaise à leur rentrée paisible murder all the detachment of the
dans leurs foyers : cela arrivait dans army of Avignon on their peaceable
les communes où il y avait eu le plus return to their firesides: this was in
de division. L'humanité nous donna the communes in which dissensions
des ailes : nous nous trouvâmes à Pio- had been greatest. Humanity gave
lène, à Lisle et dans d'autres com- us wings: we arrived at Piolène, at
munes à l'instant où les sacrifices hu- Lisle and at other communes at the
mains allaient commencer; et à force very moment that the human sacri-
de soin, de prières, de raisons et de fices were to begin; and by our care,
menaces, nous parvînmes à rétablir
our prayers, reasoning, and men-
le calme.
ances, we succeeded in reestablishing
peace.
L'expérience prouva bien alors com- Experience proved clearly at that
bien nos réclamations étaient justes, time that our claims were just and
et combien nos forces étaient insuffi- our forces insufficient. From the
santes. D'après l'impossibilité d'avoir impossibility of getting troops of the
des troupes de ligne, et les refus que line, and the refusal which we re-
nous éprouvions, nous crûmes devoir ceived, we believed that we should
employer les moyens que nous four- make use of the means which the law
nissait la loi du 4 juillet, et demander, of July 4 furnished us, and demand,
en conséquence, des gardes nationales. in consequence, the National Guard.
Nous crûmes qu'il serait plus aisé We believed it would be easy to ob-
d'obtenir 15 ou 1,800 gardes nation- tain 1500 or 1800 National Guards
aux qui nous promettaient des res- who would be sufficient to
con-
AVIGNON AND THE VENAISSIN, 1791
225
sources suffisantes pour consolider solidate this peace which the law
cette paix que la loi nous chargeait charged us
charged us to establish, and that
d'établir, et que d'ailleurs, 1,500 moreover,
d'ailleurs, 1,500 moreover, 1500 National Guards
gardes nationaux, pris dans les 3 dé- taken in the neighboring departments,
partements environnants, ne pour- could not weaken them.
raient pas les affaiblir.
Nous en obtînmes, non sans beau- We obtained them, not without a
coup d'embarras et de nombreux re- good deal of embarrassment and
fus. Dès que nous pûmes en placer numerous refusals. As soon as we
dans divers points du Comtat, de were able to place them at different
manière à prévenir les assassinats, points in the Comtat, in order to pre-
nous crûmes qu'il était important d'in- vent the assassinations, we believed
spirer la confiance à tous les partis, it was important to inspire confidence
de fournir à tous les emigrants les in all parties, and to furnish to the
moyens de rentrer dans leurs foyers. emigrants the means to return to their
Nous adressâmes, à cet effet, aux homes. We forwarded, to the vari-
commandants divers, une instruction, ous commanding officers, instructions
dans laquelle nous recommandions la to this effect, recommending the
plus grande impartialité, protection et greatest impartiality, protection and
sûreté pour tous. Nous fîmes ren- security for all. We ordered the
dre la liberté à des prisonniers chers liberation of prisoners dear to all
á tous les partis, et notamment à parties, and especially MM. de
MM. de Sainte-Croix, impliqués dans Sainte-Croix, implicated in the af-
l'affaire du malheureux La Vilasse, fair of the unfortunate La Vilasse.
,
maire de Vaison. La confiance et mayor of Vaison. Confidence and
l'ordre se rétablirent en effet; tous les order were in fact reestablished; all
émigrants rentrèrent ou purent ren- the emigrants returned, or were able
trer dans le Comtat.
to return to the Comtat.
Ce fut après ces mesures que l'as- It was after these measures that
semblée électorale engagea les com- the Electoral Assembly invited the
munes à s'assembler, et à émettre, con- communes to assemble, and to de-
formément aux préliminaires de paix, clare, in conformity to the peace
un veu sur leur sort politique, qui preliminaries, their wishes in regard
pût étre présenté par elle à l'Assem- to their political future, in order that
blée nationale lorsqu'elle prendrait un they might present them to the Na-
parti ultérieur sur ses droits sur les tional Assembly when additional ac-
deux Etats d'Avignon et du Comtat. tion would be taken in regard to its
rights in the two States of Avignon
and the Comtat.
A cette époque, les membres de la At this time the Mediators were
médiation furent appelés, par les cir- called by circumstances to different
226
DOCUMENTS
constances, à des occupations différ- occupations. Avignon had become
entes. Avignon était devenu le cen- the center of affairs, and one of us
tre des affaires, et l'un de nous dut y must stay there; it was necessary for
rester; il fallait qu'un'autre surveillât another to watch the conduct of the
les opérations de l'assemblée électorale, Electoral Assembly in order to keep
pour la contenir dans les bornes qui it within the limits prescribed by the
lui étaient prescrites par le traité, et treaty, and to establish himself at
qu'il se tînt à Sorgues, près d'Avig- Sorgues, near Avignon, for this pur-
non, pour cet objet. Le maintien de
The maintenance of peace in
la paix dans le Comtat, la demande the Comtat and the prayers and
et les sollicitations des communes, qui solicitations of the communes, which
se plaignaient de la préférence ac- complained of the preference ac-
cordée à Avignon, firent juger qu'il corded to Avignon, led us to believe
était important que l'un de nous se that it was important for one of us
rendît à leurs désirs, et dissipat les to yield to their desires, and dissipate
calomnies que les ennemis du bien pu- the slanders which the enemies of
blic et les écrivains qui leur sont ven- public security and the writers hired
dus ne cessaient de répandre. Je fus by them did not cease to spread. I
chargé de cette mission, et je déclare was charged with this mission, and
à l'auguste Assemblée qui m'entend, I declare to the august Assembly
que si toutes les communes du Comtat which now hears me, that if all the
n'ont pas alors joui de la paix la plus communes of the Comtat did not at
parfaite, les individus de la sûreté la that time enjoy the most perfect
plus entière, les communes de la lib- peace, and individuals the most per-
erté de suffrages la plus absolue, la fect security, and communes the
plus indépendante, moi seul j'en suis most absolute, free and independent
et m'en rends responsable. Déjà liberty of suffrage, I alone am respon-
grand nombre avaient émis leur vau sible. Many already had declared
lorsque je me suis présenté chez elles : their wishes when I went among
7 l'ont émis en ma présence. A Val- them: seven did so in my presence.
réas, par exemple, chef-lieu du parti At Valréas, for instance, the strong-
qui tient au pape, l'assemblée s'est hold of the party of the Pope, the
tenue en présence de 150 gardes na- assembly was held in the presence of
tionaux, demandés par une partie de one hundred and fifty national guards,
la municipalité, sous mes yeux et ceux asked for by a part of the Municipal-
des hussards qui m'accompagnaient. ity, under my eyes, and those of the
J'ai fourni une garde pour la police hussars who accompanied me. I fur-
et la sûreté de l'assemblée, sur la de- nished a guard for the police and the
mande faite par la municipalité, et security of the assembly, by request
l'assemblée a voté pour la cour de from the Municipality, and the assem-
Rome. A Piolène, à Sérignan, à Vil- bly voted for the Court of Rome. At
pose.
AVIGNON AND THE VENAISSIN, 1791
227
were
ledieu, etc., il est arrivé la même chose, Piolène, at Sérignan, at Villedieu, etc.,
et les võux ont été pour la cour de the same thing happened and the vote
Rome.
was for the Court of Rome.
Il est donc impossible de révoquer It is, then, impossible to call in
en doute la liberté qui a présidé aux question the freedom amid which the
vaux emis; partout j'ai prêché l'u- votes
cast; everywhere
I
nion, la paix, la concorde et la liberté preached union, peace, concord and
des opinions; partout je les ai établies, liberty of opinion; everywhere I
et j'en appelle sur la vérité de ces established them, and as to the truth
faits, non pas aux 60 communes qui of these facts I appeal, not only to
veulent être françaises, mais aux chefs the sixty communes which wish to
de celles qui ont voté en sens con- be French, but to the heads of those
traire, que ma conduite a forcés à which have voted to the contrary,
l'estime et qui m'en ont donné des from whom my conduct has called
preuves non équivoques, et que je pro- forth esteem of which I have received
duirai à l'Assemblée si elle l'ordonne. 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 1
M. DE MENOU, rapporteur. J'ob- M. DE MENOU, reporter. I notify
serve à l'Assemblée que j'ai là les the Assembly that I have here the con-
pièces probantes de tous les faits que vincing proofs of all the facts which I
je vais annoncer.
ain about to state.
Messieurs, les comités que, pour la Gentlemen, the committees which,
4° fois, vous avez chargés de vous for the fourth time, you have
rendre compte de l'affaire des Etats charged to render an account to you
réunis d'Avignon et du Comtat Ve- of the affair concerning the united
naissin, vont avoir l'honneur de vous states of Avignon and the Comtat
rendre compte avec exactitude et im- Venaissin, will have the honor of re-
partialité, de la situation actuelle de porting to you with exactness and
ces deux malheureux pays, qui placés impartiality the actual condition of
presque au centre de l'Empire fran- those two unfortunate countries,
çais et sous le climat le plus heureux, which, situated nearly in the centre
sont depuis longtemps livrés a tous of the French dominions, and blessed
1 Arch. parl., 1st series, vol. 30, p. 579.
228
DOCUMENTS
les désordres de la licence et de l'an-
archie.
with the best of climates, have for
a long time been given over to all
the disorders of license and anarchy.
o
Vos comités n'ont pas cru devoir Your committees did not deem it
traiter de nouveau la question des necessary to deal again with the
droits de la France sur les Etats question of the rights of France over
d'Avignon et du Comtat venaissin; the States of Avignon and the
elle a été débattue et discutée, à dif- Comtat Venaissin; it has been de-
férentes époques, dans 22 séances de bated and discussed at different times
cette Assemblée; le pour et le contre during twenty-two sittings of this
vous sont suffisamment connus; et Assembly; you are sufficienly fa-
chacun peut s'être formé une opinion miliar with the pros and cons, and
juste et saine de nos droits sur ces 2 each one of you has been able to form
Etats; droits qui ont été formellement a just and sane opinion of our rights
réservés par l'Assemblée nationale, over these two states; rights which
dans l'article premier de son décret du were formally reserved by the Na-
25 mai, qui ordonne l'envoi des com- tional Assembly in the first article
missaires médiateurs.
of its decree of May 25, which directs
the sending of a commission of
mediators.
L'Assemblée nationale, après une The National Assembly, after a
discussion qui dura plusieurs jours, discussion lasting several days, not
ne croyant pas que le veu de réunion, considering that the vote of union
présenté par les Avignonais et les presented by the citizens of Avignon
Comtadins, fut assez solennellement, and the Comtat had been cast in a
assez librement et assez légalement manner sufficiently formal, free or
émis, pour être accepté par elle, se dé- legal to be accepted by it, decided,
termina par un décret du 25 mai à through a decree of May 25, to send
envoyer des commissaires médiateurs, a commission of mediation, whose
avec mission de rétablir l'ordre et la mission would be to reestablish order
tranquillité parmi ces 2 peuples, et d'y and quiet among these two peoples,
faire cesser toute hostilité, comme un and to stop all hostilities, as a neces-
préalable nécessaire avant de pren- sary preliminary to any further ac-
dre aucun parti ultérieur relativement tion relative to the rights of France
aux droits de la France sur ce pays. over the country.
Dans les 4 articles de ce décret, il In the four articles of this decree,
n'est nulle part mention du pape, ni there is no mention of the Pope or of
de la cour de Rome.
the Court of Rome.
L'Assemblée nationale, en y réser- The National Assembly, while re-
AVIGNON AND THE VENAISSIN, 1791
229
care
was
as
vant les droits de la France, reconnaît serving in this decree the rights of
cependant implicitement l'independ- France, recognizes implicitly, how-
ance des Avignonais et des Comtadins, ever, the independence of Avignon
puisqu'elle envoie des médiateurs pour and the Comtat, by sending medi-
interposer leurs bons offices entre 2 ators to offer their services to two
peuples qui se font la guerre.
warring peoples.
Les médiateurs partent et arrivent The Mediators having arrived in
dans les pays belligérants; leur pre- the belligerent countries; their first
mier soin est de concilier les 2 peu-
to conciliate the two
ples : le 19 juin des députés de toutes peoples. On June 19 deputies from
les parties intéressées se rassemblent all the interested parties assembled
à Orange, et signent, en présence des at Orange, and, in the presence of
médiateurs de la France et sous leur the French Mediators and under their
garantie provisoire, des préliminaires provisional guarantee, signed the
de paix contenant 7 articles; dans au- Preliminaries of Peace containing
cun de ces articles, il n'est question du seven articles. In none of these
pape ni de la cour de Rome. Les articles is there question of the Pope
Comtadins et les Avignonais stipu- or of the Court of Rome. The
lent comme peuples indépendants et Comtat and Avignon made their
souverains; l'article 4 est surtout re- stipulations independent and
marquable; il consacre le principe que sovereign peoples. Article 4 is espe-
la souveraineté sera exercée exclusive- cially noteworthy: it sanctions the
ment par le corps représentatif de la principle that sovereignty will be
nation, et ce corps représentatif est exercised exclusively by the repre-
l'assemblée électorale qui doit être sentative body of the nation, and this
composée des députés des communes. representative body is the Electoral
Assembly, which must be composed
of the deputies from the communes.
Ces préliminaires de paix sont en-
These Preliminaries of Peace were
voyés par les médiateurs à l'Assemblée sent by the Mediators to the National
nationale et au roi, et le 4 juillet l’As- Assembly and to the King, and on
semblée nationale rend un décret so- July 4 the National Assembly issued
lennel par lequel: 1° elle approuve la a solemn decree, which first approved
conduite des commissaires médiateurs the conduct of the commission of me-
envers les différents partis belligé diation towards the various belliger-
rants;
ent parties;
2° Par lequel elle confirme la garan-
2. Confirmed the guarantee given
tie donnée par les 3 commissaires mé- by the three commissioners for the
diateurs pour l'exécution des articles execution of the articles and Prelim-
et préliminaires de paix arrêtés et inaries drawn up and signed at
signés à Orange.
Orange.
230
DOCUMENTS
Dans ce décret, nulle mention du In this decree, no mention of the
pape, ni de la cour de Rome. L'As- Pope or of the Court of Rome. The
semblée nationale reconnaît claire- National Assembly clearly recognized
ment l'indépendance et la souve- the independence and the sovereignty
raineté des Avignonais et des Comta- of Avignon and the Comtat, by guar-
dins, puisqu'elle garantit un traité anteeing a treaty between two peoples
passé entre deux peuples qui ont who made their stipulations in their
stipulé en leur propre et privé nom, own name and by virtue of their inde-
et en vertu de leur indépendance et pendence and of their sovereignty.
de leur souveraineté. Si l'Assemblée If the National Assembly had not
nationale n'eût pas reconnu cette in- recognized this independence, would
dépendance, eût-elle, sans l'interven- it have guaranteed the treaty between
tion du pape, sans son agrément, sans the Comtat and Avignon without the
qu'il fût appelé comme partie inté- intervention of the Pope, without his
ressée, garanti le traité passé entre les agreement and without his having
Comtadins et les Avignonais ? Il est been named as an interested party?
donc évident, et c'est un point con-
It is therefore evident, and it is an
venu, et qu'on ne peut contester, si on agreed and incontestable fact to those
est de bonne foi, que ces deux peuples of good faith, that these two peoples
sont reconnus libres et indépendants are recognized by France to be free
par la France, et qu'ils ont pu et dû and independent, and that they could
émettre leur væu sur l'état politique and should express their vote on the
political status of their country.
Ce væu a-t-il été libre, a-t-il été so- Was this vote free, was it solemn,
lennel, a-t-il été légal?
Was it legal?
D'après les préliminaires de paix According to the Preliminaries of
arrêtés à Orange et garantis par l'As- Peace drawn up at Orange and
semblée nationale, les médiateurs guaranteed by the National As-
écrivent au président de l'assemblée sembly, the Mediators wrote to the
électorale, qui, conformément à l'ar- president of the Electoral Assembly,
ticle 2 du traité de paix, tenait ses which conformably to Article 2 of
séances à Bédarrides, lieu qui n'était the treaty of peace, held its meetings
soupçonné d'aucune influence de parti, at Bedarrides, a place which was
lui écrivent, dis-je, pour le prier de thought to be free from all party in-
faire passer à toutes les communes fluence; wrote to him, I say, to ask
des deux Etats une lettre par laquelle him to transmit a letter to all the
elles étaient invitées à se réunir pour communes of the two states, inviting
émettre leur voeu sur l'état politique them to assemble and to cast a vote
on the political condition of the
country.
de leur pays.
du pays.
AVIGNON AND THE VENAISSIN, 1791
231
De 98 communautés qui forment Of the ninety-eight comunities,
les deux Etats réunis, 71 se sont ras- which form the two united states,
semblées et ont émis leur voeu. 52 seventy-one assembled and voted.
ont démandé leur réunion à la France, Fifty-two asked to be united to
19 ont voté pour le pape; des 27 au- France, nineteen voted for the Pope.
tres, 17 qui avaient voté pour la Of the twenty-seven others, seven-
France dans les mois d'avril et de teen who had voted for France dur-
mai, et qui sont formées par les ha- ing the months of April and May,
bitants les plus laborieux qui se trou- and who comprised the most hard
vaient dans ce moment occupés aux working of the inhabitants engaged
récoltes et travaux de la campagne, 17, at this time in harvesting and farm
dis-je, n'ont point émis de nouveau work, seventeen, I say, did not cast
võu; mais il est à remarquer qu'elles a new vote; but it was to be remarked
avaient précédemment, et à plusieurs that they had previously repeatedly
reprises, délibéré leur réunion à la decided for union with France.
France. Ainsi n'ayant pas formé de Therefore, not having cast a con-
veu contraire, dans un moment où il trary vote at a time when it was es-
était essentiel pour elles de le mani- sential for them to mention it, if they
fester, si elles avaient changé d'opi- had changed their opinion, their
nion, leur silence doit être considéré silence must be considered as a con-
comme une confirmation de leur précé- firmation of their previous decision.
dente délibération.
10 n'ont point émis de võu ni pour Ten did not vote either for France
la France, ni pour le pape, et semblent or for the Pope, and seem to be await-
attendre le dénouement de l'affaire. ing the outcome of the affair. But,
Mais, quand même on n'admettrait even should one not admit
admit this
pas cette opinion et qu'on s'en tien- opinion and should one consider only
drait à ne considérer que les 52 com- the fifty-two communities who voted
munautés qui ont voté pour la France, for France, they still form the
elles forment la majorité en nombre de majority in number of communes
communes et en population. En nom- and in population; for, subtract fifty-
bre de communes; car de 98 otez 52, two from ninety-eight and forty-six
restent 46; ce qui donne 6 communes remains, which gives six more com-
de plus pour la France. Et j'ai l'hon- munes to France. And I have the
neur de vous faire remarquer, Mes- honor, gentlemen, of calling your at-
sieurs, que ce calcul est le plus favor- tention to the fact that this calculation
able pour la cour de Rome. Car, is most favorable to the Court of
dans cette hypothèse, je suppose que Rome. For, in this hypothesis, I in-
les 46 communes ont voté pour le fer that forty-six communes voted
pape. Et cependant, il est certain que for the Pope and yet it is certain that
19 seulement ont délibéré pour con- only nineteen decided to preserve the
232
DOCUMENTS
server l'ancien régime; que 17 qui old order of government; that seven-
avaient précédemment voté pour la teen who had previously voted for
France, n'ont point émis de nouveau
France did not cast a new vote and
võu, et que 10 n'en ont jamais émis; that ten did not vote at all. There-
donc il n'y a véritablement que le fore there is really only the vote of
vau de 19 communes qui puisse ba-
the nineteen communes to counter-
lancer celui des 52 qui ont voté pour balance that of the fifty-two who
la France, ce qui établit en faveur de voted for France, which establishes
la réunion une différence de 33 com- a difference of thirty-three com-
munes.
munes in favor of the union.
Quant à la population, la totalité As to the population: the total
de celle des deux Etats réunis est de number for the combined states is
152,919 âmes; et celle des 52 com- 152,919 souls, and for the fifty-two
munautés qui ont voté pour la France communities who voted for France
de 101,046. Dans le calcul le plus 101,046. In
In the calculation most
favorable au pape, c'est-à-dire, en sup-
favorable to the Pope, that is to say,
posant que 46 communes ont voté en supposing that the forty-six com-
sa faveur, il aurait pour lui 51,873 munes voted in his favor, he would
habitants. La France en a eu 101,- have on his side 51,873 inhabitants.
046; différence en faveur de la France had 101,046, a difference of
France, 24,586; car la majorité dans 24,586 in favor of France; for the
152,919 est formée par 76,460; et majority of 152,919 is formed by
101,046 ont voté pour la France. 76,460, and 101,046 voted for
France.
Mais, en rétablissant le calcul tel But, making the calculation as it
qu'il doit être, c'est-à-dire en se rap-
should be made, that is to say, re-
pelant qu'il n'y a véritablement que membering that there were really
19 communes qui aient voté pour le only nineteen communes who voted
pape, la majorité devient bien plus for the Pope, the majority in favor
forte encore en faveur de la France. of France becomes still greater.
Car, ces 19 communes ne compre- These nineteen communes com-
nant que 30,667 individus, il en ré- prising only 30,667 individuals, the
sulte en faveur de la France une dif- resulting difference in favor of
férence de 70,379 habitants. Si à ce
Si à ce France amounts to 70,379 inhabit-
nombre on ajoute celui des individus ants. If to this number is added
formant la population des 17 com- that of the individuals forming the
munes qui, ayant émis en avril et mai population of seventeen communes,
leur vou en faveur de la France, n'en who, having voted in favor
favor of
ont émis de nouveau en faveur du France during April and May, did
pape, la majorité deviendra encore not vote again in favor of the Pope,
bien plus considérable; car cette popu- the majority will be considerably in-
AVIGNON AND THE VENAISSIN, 1791
233
lation s'élève à 15,677 individus qui, creased; for this population amounts
réunis aux 101,046 qui ont voté pour to 15,677 individuals, which, added,
la France dans les 52 communes, for- to the 101,046 who voted for France
ment un total de 116,723 habitants, in the fifty-two communes, makes a
tandis qu'il n'y en a pour le pape que
total of 116,723 inhabitants, whereas
30,667; plus, dans le nombre de ceux for the Pope there were only 30,667.
qui ont voté pour le pape, il s'est
il s'est Moreover, in the number of those
trouvé une minorité assez considér- voting for the Pope, there was a
able qui a voté pour la France; entre fairly considerable minority who
autres à Valréas, à Buisson, à Ville et voted for France; among other
à Piolène. Ce sont les délibérations
Ce sont les délibérations places at Valréas. Buisson, Ville and
elles-mêmes qui en font foi; á quel- Piolène. The resolutions themselves
ques-unes, sont annexées des protes- prove this; to some of them declara-
tations.
tions are attached.
Le væu de toutes les communes a
The vote of all the communes was
été parfaitement libre. Car sous les entirely free. For, under the eyes
yeux des médiateurs de la France, en of the French Mediators, of the
présence des troupes de ligne et des regular troops and of the French Na-
gardes nationales françaises, plusieurs tional Guards, several communities
communautés ont voté pour le pape; voted for the Pope, and their resolu-
et leurs délibérations portent des re- tions convey their thanks to the
merciements aux médiateurs pour mediators, for having
for having secured to
avoir assuré la liberté des opinions, la them freedom of opinion and safety
sûreté des personnes et des pro- of person and of property.
priétés.
Parmi les 19 communes qui ont Among the nineteen communes
voté pour le pape, 11 avaient garni- which voted for the Pope, eleven had
son française qu'elles avaient dé- French garrisons, for which they had
mandée pour assurer leur liberté phy- asked, in order to secure physical and
sique et morale; il est donc impossible moral
moral freedom. It is,
freedom. It is therefore,
de dire, à moins qu'on ne soit de la impossible to state, unless one does
plus mauvaise foi, que leurs délibéra- so in bad faith, that their deliberations
tions n'ont pas été libres.
été libres. Une d'entre were not free. One among them,
elles, Bollène, ayant, depuis l'émission Bollène, after having voted for the
de son væeu pour le pape, réfléchi que Pope on second thought decided that
son intérêt demandait sa réunion à la its interest demanded its union with
France, a écrit à l'un des médiateurs France, and wrote to one of the
pour demander à se rassembler de Mediators asking to assemble again.
nouveau. Il a répondu, avec la dig. He replied, with the dignity becom-
nité qui convenait à sa mission, que le ing to his mission, that the vote hav-
võu ayant été émis légalement en fa- ing been legally cast in favor of the
234
DOCUMENTS
veur du pape, il ne permettrait qu'on Pope, he would not allow them to
ne variait pas ainsi dans un si court es- change it in so short a space of time,
pace de temps; et que ce qui avait été and that what was done had been
fait l'était dûment et légalement. done duly and legally. No
No one
Qu'on ose dire actuellement que la could dare now to say that suffrage
liberté des suffrages n'a pas été en- was not entirely free and that the
tière et que les médiateurs ont cherché Mediators sought to influence opin-
à accaparer les opinions. Dans quel- ion. In some
some of the communes
ques-unes des communes qui ont voté which voted for France, some in-
pour la France, des individus ont voté dividuals freely voted for the Pope,
librement pour le pape, et leur opinion and their opinion is inserted in their
est insérée dans les délibérations, telles resolutions, as at Aubignan, at Bédar-
qu'à Aubignan, à Bédarrides où sié- rides, where the Electoral Assembly
geait l'assemblée électorale, à Crestets was sitting, at Crestets, at Entre-
à Entrechaux, à Lille, à Lillia, à la chaux, at Lille, Lillia, Roque-sur-
Roque-sur-Pernes, au Thor et à Vai- Pernes, Thor and Vaison.
son.
Il est encore à remarquer que, dans It is also worth remarking that in
les 52 communes qui ont voté pour la the fifty-two communes which voted
France, 9 seulement avaient garnison for France, only nine had French
française, et que, comme je l'ai déjà garrisons, and, as I previously said,
dit, sur 19 qui ont voté pour le pape,
of the nineteen which voted for the
11 avaient garnison française, et per- Pope, eleven had French garrisons,
sonne n'ignore que les gardes natio- and no one is igorant of the fact that
nales des départements voisins du the National Guards of the neighbor-
Comtat désirent vivement la réunion; ing departments to the Comtat
donc les médiateurs ont employé tous eagerly desired union. Therefore,
leurs moyens pour assurer la liberté the Mediators employed every means
des opinions et y sont parvenus. to secure liberty of opinions and suc-
Donc l'émission des voeux en faveur ceeded in their endeavors. Therefore
de la France a été libre et spontanée. the voting in favor of France was free
and spontaneous.
Le veu a été solennel ; car partout The vote was solemn, for every-
il a été émis après une convocation where it was cast after a summons
faite à son de trompe ou de tambour, by trumpet and drum, and after
et après des affiches préalablement ap- preliminary placards had been
posées ; les rassamblements ont eu lieu posted. The assemblies took place
dans les églises, en plein jour et avec in the churches, in broad daylight
l'appareil qu'exigeait une affaire aussi and with all the solemnity demanded
importante.
by so important an occasion.
Le væụ a été légal; car il a été - The vote was legal, for it followed
AVIGNON AND THE VENAISSIN, 1791
235
la suite du traité de paix signé à the treaty of peace signed at Orange
Orange et garanti par l'Assemblée na- and guaranteed by the National As-
tionale; l'ordre de convocation a été sembly. The order of convocation
donné par l'assemblé électorale d'après was given by the Electoral Assembly
l'invitation des médiateurs; toutes les according to the invitation of the
formalités ont été remplies dans les mediators. All the formalities were
assemblées, car on y a procédé à la complied with in the assemblies, for
nomination d'un président, d'un se- they proceeded to the nomination of
crétaire et de trois scrutateurs, après a president, of a secretary and of
s'être préalablement assemblés sous la three scrutators, after having previ-
présidence du plus ancien d'âge, ainsi ously assembled under the presi-
que le prescrivent les décrets de l'as- dency of the oldest in age, as pre-
semblée nationale; on y a nommé, en- scribed by the decrees of the National
suite des députés pour porter les veux Assembly. They then
They then nominated
à l'assemblée électorale qui, après le deputies to carry the votes to the
recensement des délibérations, a con- Electoral Assembly, which, after
staté la majorité, et a émis elle-même verifying the returns, announced the
son vou en faveur de la réunion, ainsi majority and cast their own vote in
que le portent formellement les pou- favor of union, according to the for-
voirs donnés à MM. les députés de mal powers given to the deputies of
cette assemblée pour se rendre à l'As- this Assembly to be carried to the
semblée nationale de France. Vos National Assembly of France. Your
comités ont donc conclu que le vote committees, therefore, agreed that the
des communes était libre, solennel et vote of the communes was free, sol-
légal.
emn and legal.
Est-il de l'intérêt de la France d'ac-
cepter la réunion?
Is it to the interest of France to
accept the union?
Vos comités vous ont observé, Mes- Your committees have remarked
sieurs, que l'indépendance des Avig- to you, Gentlemen, that the independ-
nonais et des Comtadins avait été in- ence of Avignon and the Comtat was
contestablement reconnue par l'As- incontestably recognized by the Na-
semblée nationale dans les décrets des tional Assembly in the decrees o
25 mai et 4 juillet; qu'en conséquence, May 25 and July 4, that in conse-
ces peuples avaient le droit de voter
quence these peoples had the right to
sur leur état politique; que leurs dé- vote on their political status; that
libérations avaient été prises avec their resolutions were taken with that
cette liberté de suffrage et d'opinions, liberty of suffrage and of opinion,
qui seule peut en caracteriser la lé- which alone characterize
characterize legality.
galité. Il s'agit de savoir si la It is necessary to know whether it is
France a intérêt d'accepter la réunion to the interest of France to accept the
236
DOCUMENTS
demandée par la majorité des Avig- union asked by the majority of the
nonais et des Comtadins réunis. united people of Avignon and of the
Comtat.
Cette question a déjà été agitée et This question has already been
discutée profondément dans diverses agitated and exhaustively discussed
séances de l'Assemblée nationale. in various sittings of the National
Assembly
La majorité des députés des dé- The majority of the deputies from
partements voisins désire cette ré- the neighboring departments desire
union..
this union.
L'intérêt de nos manufactures exi- The interest of our manufactures
gerait qu'on entourât de barrières would exact the erection of barriers
Avignon et le Comtat; et comment around Avignon and the Comtat and
pourrait-on y parvenir sans des frais how could this be done without im-
immenses?
mense expense?
Avignon, par sa situation, est un des Avignon, by its situation, is a bul-
boulevards de la France, du côté des wark of France on the side of the
montagnes qui lient le Dauphiné et la mountains which connect the
Provence aux Etats du roi de Sar Dauphiné and Provence with the
daigne; et il est assez aisé de pénétrer dominions of the King of Sardinia,
jusqu'à cette ville par les gorges de ces and it is easy enough to penetrate
montagnes; il est donc de l'intérêt de as far as the city by way of the
la France d'occuper un poste aussi mountain gorges. It is therefore to
important; il est donc de son intérêt the interest of France to occupy so
d'accepter la réunion des 2 Etats. important a post and to accept the
union of the two states.
Les nations étrangères verront-elles
d'un æil tranquille cette réunion?
Will the foreign nations be will-
ing to accept this union?
Cette question a déjà été trés lon- This question has already been dis-
guement discutée.
cussed at great length.
Les gens de bonne foi peuvent-ils Is it possible for people of good
croire que ce sera le prétexte dont faith to believe that it will constitute
les puissances étrangères se serviront a pretext, of which the foreign
pour nous attaquer, si jamais elles en Powers will make use to attack us,
viennent à cette extrémité, ce que moi, should such an extremity ever arise,
particulièrement, je ne crois pas? which I, for one, do not believe?
Depuis 2 ans elles ont trouvé des cir- For two years they have found cir-
AVIGNON AND THE VENAISSIN, 1791
237
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.
cumstances much more favorable to
war; did they profit by them? No.
First, because they know our energy
and
indestructible love of
liberty.
our
Tous les étrangers connaissent aussi Every foreigner is as familiar as
bien que nous nos droits sur ces pays; ourselves with our rights over these
ils savent bien que dans les circon- countries; they knew very well that
stances actuelles Avignon et le Com- under the actual conditions Avignon
tat ne peuvent exister sans s'incor- and the Comtat can not exist without
porer à la France; ils savent bien que being incorporated with France; they
notre puissance n'en sera pas aug- know that our power will not be in-
mentée, et que, tout au plus, cette ré- creased thereby, and, that at the
union ne servira qu'à diminuer quel most, this union will only serve to
ques gênes commerciales. Personne diminish a few commercial incon-
n'a jamais ignoré que, tôt ou tard, veniences. No one has ever been
Avignon et le Comtat devaient rentrer ignorant of the fact that sooner or
sous notre domination. Si Avignon
Si Avignon later Avignon and the Comtat would
et le Comtat existaient au milieu de have to come once more under our
l'Espagne, de l'Angleterre, de la control. If Avignon and the Com-
Suède, de la Prusse ou des Etats tat existed in the midst of Spain,
héréditaires de l'Empereur, trou- England, Sweden, Prussia, or the
verions-nous mauvais que les princes hereditary estates of the Emperor,
qui gouvernent ces pays, confondant would we consider it wrong if the
leurs droits avec les veux du peuple, princes governing these countries,
cherchassent à les réunir à leurs au- blending their rights with the votes
tres domaines ? Non, sans doute; eh of the people, should seek to unite
bien! croyons, sans chercher à nous them to their other dominions? Un-
faire des monstres pour les combattre, doubtedly no.
doubtedly no. Very well, then let
que la raison n'est pas encore totale- us believe, without trying to make
ment bannie des cabinets de l'Europe; for ourselves monsters to be fought ,
et que si les puissances étrangères veu- that common sense has not yet been
lent nous attaquer, ce ne sera pas pour entirely banished from the cabinets
le futile prétexte de la réunion d'Avig- of Europe and that, if the foreign
non. D'ailleurs, je maintiens que la Powers wish to attack us, it will not
réunion nous met en meilleure posi- be for the futile pretext of the union
tion. Car, comme je l'ai dit, en sup- of Avignon. Besides, I maintain,
posant la guerre, nous aurons de that the union places us in a better
moins à combattre des ennemis inté- position; for, as I have already said,
238
DOCUMENTS
rieurs, beaucoup plus dangereux que supposing we were to have war, we
les extérieurs.
would not have to fight domestic.
enemies, who are much more danger-
ous than those outside.
Est-il de l'intérêt des deux Etats
d'être réunis à la France?
Is it to the interest of the two states
to be united to France?
J'en appelle: 1° à leurs délibéra- I call attention, first, to their de-
tions; 2° à l'état affreux où nous les liberations; second, to the frightful
réduisons, si la réunion n'a pas lieu. condition to which we will reduce
them, if the union does not take
place.
J'ai prouvé que ce vou avait été I have proven that this vote was
émis avec toute la liberté et la solen- cast with all the liberty and solemnity
nité qui en assurent la légalité;
which insure its legality;
Que la majorité des communes et That the majority of the com-
des individus avait voté pour se réunir munes and of the individuals voted
à la France;
to be united to France;
Que l'intérêt bien entendu de la na- That it is clearly to the interest of
tion française était d'accepter cette ré- the French nation to accept this
union;
union;
Que la crainte que cette réunion ne That the fear that this union
servît de prétexte aux puissances would serve as pretext to the foreign
étrangères pour nous attaquer, était Powers to attack us, is vain, illusory
vaine, illusoire et indigne de l'Assem- and unworthy of the National As-
blée nationale;
sembly;
Que l'intérêt des Avignonais et des That it is to the interest of
Comtadins était que cette réunion Avignon and the Comtat that this
s'opérât;
union should be accomplished;
Que la mesure du séquestre était That the measure of sequestration
injuste et dangereuse pour la France; unjust and dangerous for
was
France;
Que l'humanité et l'honneur na- That humanity and national honor
tional exigeaient qu'on ne rejetât pas demand that the vote of Avignon
le vou des Avignonais et des Comta- and the Comtat should not be re-
dins;
jected;
Qu'enfin le refus de ce vau replon- And lastly that the refusal of this
gerait ces deux peuples dans toutes vote would again plunge these two
les horreurs de la guerre civile et de peoples into all the horrors of civil
l'anarchie;
war and anarchy.
AVIGNON AND THE VENAISSIN, 1791
239
are
Vos comités, déterminés par toutes Your committees, decided by all
ces considérations, ont été d'avis these considerations, of the
d'accepter la réunion; et c'est en leur opinion that the union should be
nom que j'ai l'honneur de vous pro- accepted, and it is in their name that
poser le décret suivant : 1
I have the honor to propose to you
the following decree.
1
Formal Charges Brought Against the Mediators by Abbé Maury, before the
National Assembly, and Replies of the Mediators. September 13, 1791 2
M. L'ABBÉ MAURY. . . . Messieurs, M. L'ABBÉ MAURY. . . . Gentle-
voici une accusation dont je vais don- men, here is an accusation which I will
ner lecture à l'Assemblée; elle est écrite read to the Assembly; it is written
et signée de ma main. Je la déposerai and signed by my hand. I will then
ensuite dans le bureau, espérant de la deposit it on the bureau, hoping that
justice de l'Assemblée qu'elle sera as- the justice of the Assembly will be
sez frappée de l'importance de cette sufficiently struck with the import-
accusation pour sentir toute la néces- ance of this accusation to feel the ab-
sité de punir les médiateurs, s'ils sont solute necessity of punishing the me-
coupables, ou la nécessité non moins diators, if they are guilty, or the
sacrée de les justifier s'ils sont inno- necessity no less sacred of justify-
cents.
ing them, if they are innocent.
Voici, Messieurs, mon acte d'accu- Here, Gentlemen, is my accusa-
sation:
tion:
L'Assemblée nationale s'étant ré- “ The National Assembly having
servé les fonctions de grand juré pour reserved to itself the functions of a
décider s'il y a lieu à accusation contre grand jury to decide if there is cause
les agents du gouvernement, je lui for accusation against agents of the
dénonce MM. Le Scène des Maisons, Government, I wish to denounce to
Verninac Saint-Maur et Mulot, com- it MM. Le Scène des Maisons, Ver-
missaires médiateurs chargés de ré- ninac Saint-Maur and Mulot, Com-
tablir le bon ordre et la tranquillité missioners of Mediation, charged
dans Avignon et le Comtat. Je de- with the reestablishment of good
mande à être autorisé à les poursuivre order and quiet in Avignon and
devant le tribunal provisoire de la the Comtat. I ask to be author-
haute cour nationale séant à Orléans, ized to prosecute them before the
comme s'étant rendus coupables de la provisional tribunal of the High Na-
1 See the Decree of Union, p. 94; the texts are identical.
2 Arch. parl., 1st series, vol. 30, p. 611.
240
DOCUMENTS
S
partialité la plus révoltante, des abus tional Court sitting at Orléans, as
d'autorité les plus iniques, de la pro- having been guilty of the most re-
tection la plus scandaleuse donnée aux volting partiality, of the most in-
brigands; enfin, comme ayant con- iquitous abuse of authority, of most
trarié le but de leur mission, sans scandalous protection given to brig-
avoir jamais voulu en remplir le véri- ands: finally, of having acted con-
table objet.
trary to the object of their mission,
without ever having, desired to ac-
complish its real object.
“ En conséquence, je les accuse, sur “In consequence, I accuse them,
ma responsabilité, d'avoir vécu, dès on my responsibility, of having lived,
leur arrivée à Orange, dans la plus from the moment of their arrival at
grande intimité avec les chefs des bri- Orange, in the greatest intimacy
gands de Vaucluse; de les avoir fait with the chiefs of the brigands of
figurer, avec les parties contractantes, Vaucluse; of having made them fig-
comme chefs de l'armée de Vaucluse, ure, with the contracting parties, as
comme parties contractantes avec les chiefs of the army of Vaucluse, as
communes d'Avignon et de Carpen- contracting parties with the com-
tras; d'en avoir fait leurs conseillers munes of Avignon and of Carpentras;
et leurs convives. Je les accuse de of having made them their councillors
n'avoir désarmé que les seuls citoyens and guests. I accuse them of dis-
du Comtat, après une proclamation qui arming only the citizens of the Com-
enjoignait aux deux partis de poser tat, after a proclamation which en-
les armes ; d'avoir laissé entrer l'armée joined on both parties to lay down
des brigands à Avignon, où elle a their arms; of having permitted the
commis toutes sortes de crimes, où ils army of the brigands to enter Avig-
dominent en souverains et où ils se non, where they committed all sorts
sont emparés récemment du palais et of crimes, where they rule as sover-
de l'arsenal; d'avoir répondu aux cito- eigns and where they have recently
yens qui se plaignaient de cette par- taken possession of the palace and of
tialité, que les armes étaient bien the arsenal; of having replied to the
placées entre les mains de ces gens-là citizens who complained of this par-
et non dans les siennes, dirent-ils au tiality that the arms
were better
sieur Vincé, procureur de la commune placed in the hands of those people
d'Avignon, et d'avoir ordonné formel- than in their own, as they remarked
lement que les brigands seraient to the Sieur Vincé, Procurator of the
armés.
Commune of Avignon; and of having
formally ordered the arming of the
brigands.
"Je les accuse d'avoir placé, d'abord “I accuse them of having placed,
AVIGNON AND THE VENAISSIN, 1791
241
sans autorité, des garnisons de troupes at first without authority, garrisons
de ligne dans la commune du Comtat, of troops of the line in the commune
et d'avoir ensuite renvoyé ces troupes of the Comtat, and of having later
de ligne qui refusaient de seconder dismissed these troops of the line,
leur despotisme pour y substituer des who refused to second their despot-
gardes nationales de France dans le ism, in order to substitute National
moment de la révolte; d'avoir tiré ces Guards of France at the time of the
gardes nationales des villes de Nimes revolt; of having drawn these Na-
et de Marseille, de les avoir envoyées tional Guards from the cities of
dans les communes les plus paisibles Nimes and Marseilles; of having sent
du Comtat où rien ne sollicitait leur them to the most peaceful communes
assistance, et spécialement dans les of the Comtat, where their assistance
communes qui avaient manifesté leur was not needed, and especially to the
fidélité au pays, quoique ces com- communes which had manifested
munes ne cessaient de demander aux their loyalty to the country, although
commissaires l'éloignement de troupes these communes incessantly requested
inutiles et souvent très onéreuses aux the commissioners to remove these
communautés; d'avoir ordonné sans troops, who were useless and often
aucune autorisation aux districts voi- very burdensome to the communities;
sins de payer les soldes de ces gardes of having ordered, without authority,
nationales qu'ils employaient sans that the neighboring districts should
nécessité, et d'avoir mérité par là les pay these National Guards, whom
arrêtés de défense des départements they were employing without neces-
du Gard et des Bouches-au-Rhône qui sity, and of having deserved thereby
ont appelé leurs détachements et qui the resolutions of condemnation of
ont dénoncé lesdits médiateurs à l'As- the Departments of the Gard and of
semblée nationale et au ministre de the Bouches-au-Rhône which called
l'intérieur, en les accusant formelle- in their detachments and denounced
ment de servir la mésintelligence entre
the said mediators to the National
les corps administratifs, en demandant Assembly and to the Minister of the
à l'Assemblée nationale qu'elle mît un Interior, by formally accusing them
frein à l'abus de leur autorité; enfin of having created misunderstanding
en remerciant les directoires de dis- between the administrative bodies,
tricts de s'être tenus en garde contre and by demanding that the National
leurs insinuations. Je les accuse Assembly put a curb on the abuse of
d'avoir refusé, sur la demande ex- their authority; finally by thanking
presse de la municipalité d'Avignon, the directories of the district for hav-
de faire désarmer les brigands, de les ing been on guard against their in-
avoir fait entrer au contraire en tri- sinuations. I accuse them of having
omphe dans cette ville, tambour bat- refused the express request of the
242
DOCUMENTS
tant, mèche allumée, portant en forme Municipality of Avignon to disarm
de cocarde une carte sur laquelle on the brigands; of having caused these,
lisait ces mots imprimés: ‘Braves on the contrary, to enter the city in
brigands de l'armée du département triumph, drums beating,
beating, torches
de Vaucluse, et de les avoir compli- lighted and wearing in the form of a
mentés aux portes de la ville en prés- cockade a card, on which could be
ence des troupes de ligne; d'avoir read these printed words: ‘Brave
écrit une lettre imprimée dans laquelle brigands of the army of the depart-
ils mandent á l'officier général qui ment of Vaucluse;' and of having
commande en Provence que ces bri- complimented them at the gates of
gands méritent estime et considéra- the city, in the presence of the troops
tion, d'avoir fait rendre aux brigands, of the line; of having written a
dans la ville de l'Isle, les armes qu'on printed letter, in which they informed
leur avait êtées.
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.
" Je les accuse d'avoir présidé (le "I accuse them of having presided
sieur Verninac-Saint-Maur) au club (the Sieur Verninac Saint-Maur) at
d'Avignon, le jour qu'on fît la mo- the Club of Avignon, on the day that
tion et qu'on y décida formellement the motion was made and it was
d'anéantir les procédures criminelles formally decided to annul the crim-
instruites à Avignon contre les chefs inal procedures instituted in Avignon
de brigands, de forcer la municipalité against the brigand chiefs, and to
à les reconnaître pour bons patriotes force the Municipality to recognize
et de protéger spécialement l'un d'eux, them as good patriots and to especially
le sieur Touréal. Le meme sieur
Le meme sieur protect one of them, Sieur Touréal.
Verninac-Saint-Maur, oubliant The same Sieur Verninac Saint-Maur,
caractère de médiateur, a été prési- forgetting his character of mediator,
dent de la Société des amis de la Con- was president of a Society of the
stitution d'Avignon; il a écrit, en cette Friends of the Constitution of Avig-
qualité, des lettres dans lesquelles il non; in this capacity he wrote let-
fait l'éloge des brigands, en assurant ters, in which he praised the brigands,
que personne n'ose les accuser, tandis giving assurance that no one dare ac-
que la procédure instruite contre eux
cuse them, the proceedings instituted
a été anéantie et qu'ils se sont vengés against them having been annulled,
des officiers municipaux d'Avignon, and stating that they had avenged
leurs dénonciateurs, en les renfermant themselves against the municipal offi-
son
AVIGNON AND THE VENAISSIN, 1791
243
66
dans un cachot, où ils sont encore au- cers of Avignon, their accusers, by
jourd'hui à la merci des brigands. shutting them up in a dungeon, where
they remain to this day, at the mercy
of the brigands.
Je les accuse d'avoir dit publique- “I accuse them of having publicly
ment à Villeneuve, aux émigrants said to the emigrants of Avignon at
d'Avignon, qu'ils ne leur promettaient Villeneuve, that they would promise
sûreté dans la ville d'Avignon qu'á them safety in the city of Avignon
condition qu'ils ne voteraient point only on condition that they would not
pour le pape; de s'être opposé à la vote for the Pope; of having been
confection d'un procès-verbal qui de- opposed to the drawing up of an offi-
vait constater les violences des bri- cial report which was to prove the
gands pour forcer les Avignonais de violent acts of the brigands, in order
voter pour leur réunion à la France. to force the people of Avignon to vote
for union with France.
Je les accuse d'avoir parcouru tout I accuse them of having traversed
le Comtat sans aucune mission, sans the whole of the Comtat without any
aucun ordre de l'Assemblée nationale, mission whatever, with no order of
ni du roi, pour solliciter le væu de any kind from the National Assembly
réunion à la France; d'avoir changé, nor from the King, in order to solicit
de leur seul autorité, le jour fixé pour the vote for union with France; of
les assemblées primaires, lorsqu'ils ne having changed, on their own au-
trouvaient pas les esprits disposés à thority, the day fixed for the primary
seconder leurs vues; d'avoir annoncé assemblies, when they did not find the
aux habitants les plus affreux dé- people disposed to second their views;
sordres, s'ils refusaient de s'incorporer of having threatened the inhabitants
á l'empire français; de leur avoir ex- with the most frightful disorders, if
posé les maximes les plus séditieuses ; they refused to be incorporated in the
d'avoir appelé publiquement le pape French Empire; of having placed be-
un despote (Rires) dans un pays où form them most seditious maxims;
l'on bénit depuis plus de 6 ans la of having publicly called the Pope a
douceur de son gouvernement pater- despot (laughter) in country,
nel, et d'avoir ordonné aux communes where for more than six years they
qui restaient à leur souverain, de re- have blessed the sweetness of his
tirer des portes de leur cité les armes paternal government, and of having
de France qu'on y avait placées avec ordered the communes who were still
honneur, pour intimider les citoyens. 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.
а.
244
DOCUMENTS
Je les accuse d'avoir fait entrer * I accuse them of having caused
dans la municipalité d'Avignon, les the entry into the municipality of
chefs des brigands qui demandaient, Avignon of the brigand chiefs, who
à main armée, une solde de 40 sous demanded, arms in hand, pay of
par jour ou une gratification, et forty sous per day or a gratuity; and
d'avoir fait emprisonner, de leur au- of having, on their private authority,
torité privée, des citoyens avignonais imprisoned some citizens of Avig-
sans aucune autorité que leur volonté non, without any other authority
suprême; d'avoir réintégré le sieur than their own supreme will; of hav-
Raphel, juge d'Avignon, révoqué par ing reinstated the Sieur Raphel,
les sections de ses fonctions depuis Judge of Avignon, recalled by the
qu'il s'était mis à la suite de l'armée sections after he had placed himself
des brigands pour y juger, disait-il, among the followers of the army of
les crimes de lèse-nation; d'avoir the brigands, to judge, as he said, the
rendu une proclamation pour ordonner crimes of high treason; of having is-
aux officiers ministériels de recon- sued a proclamation ordering the
naître le sieur Raphel pour juge et ministerial officers to recognize the
pour déclarer, en véritables souverains, Sieur Raphel as judge and declaring,
que ses jugements et leur exécution as veritable sovereigns, that his judg-
seraient protégés par toute la force ments and their execution would be
publique; je les accuse d'y avoir protected by all the public force. I
reconnu, sans raison, la souveraineté accuse them of having recognized
de l'assemblée électorale et de lui avoir therein, without reason, the sover-
adressé un discours qui légitime toutes eignty of the Electoral Assembly and
les vexations dont les habitants du of having addressed a discourse to it
Comtat sont les victimes.
justifying all the annoyances of
which the inhabitants of the Comtat
have been victims.
“La première motion de cette as- “ The first motion of this assembly,
semblée, haranguée par le sieur Verni- addressed by the Sieur Verninac
nac-Saint-Maur, eut pour objet la Saint-Maur, had for object the nom-
nomination de M. Le Victorin Mulot, ination of M. Le Victorin Mulot,
médiateur, à l'évêché du département mediator, to the bishopric of the de-
Cette séance se termina par une rixe partment. This session ended in an
qui s'éleva entre les électeurs; M. altercation, which arose between the
Mulot ne fut point élu pour occuper electors; M. Mulot was not elected to
un siège qui n'était point vacant, et occupy a see which was not vacant,
l'assemblée électorale vient de rendre and the Electoral Assembly have
un arrêté contre lui en le dénonçant rendered a decision against him, while
à l'Assemblée nationale; il est sorti denouncing him to the National As-
AVIGNON AND THE VENAISSIN, 1791
245
du Comtat pour se réfugier en France, sembly; he left the Comtat in order to
dans la ville de Courtaison.
take refuge in France, in the city of
Courtaison.
“ Je les accuse d'avoir été specta- "I accuse them of having been
teurs tranquilles des plus grandes dés- quiet spectators of the greatest dis-
ordres, de l'anarchie, des assassinats orders, of anarchy, of continual as-
continuels, et d'avoir fait des orgies sassinations, and of having had con-
continuelles avec les chefs des bri- tinual orgies with the brigand chiefs,
gands qui se sont rendus maîtres de who, in their presence, made them-
la ville d'Avignon en leur présence, selves masters of the City of Avig-
sans qu'ils se soient opposés à cette in- non, without any opposition on their
vasion, ni aux vexations inouies qui part to this invasion, or to the untold
en ont été la suite, les faits, que je annoyances
annoyances which
which followed. The
m'engage à prouver légalement, an- facts, which I undertake to prove
noncent une collusion et une com- legally, proclaim a collusion and a
plicité qu'il est de l'honneur de la jus- complicity which the honour and jus-
tice de la France de punir exemplaire- tice of France demand shall be exem-
ment.
plarily punished.
J'accuse les médiateurs de tous I accuse the Mediators of all these
ces délits.
misdemeanours.
" Je les accuse de tous les désastres "I accuse them of all the present
actuels du Comtat qu'ils auraient pu disasters in the Comtat, which they
prévenir.
could have prevented.
“Je les accuse enfin de n'avoir pas “I accuse them, finally, of not hav-
voulu remplir leur mission, d'avoir ing wished to fulfill their mission, of
fait le contraire de ce que l'Assemblée having done the contrary of that
nationale leur avait ordonné, et je me which the National Assembly had or-
réserve d'articuler contre eux plusieurs dered, and I reserve to myself the
autres accusations majeures lorsqu'il right to formulate against them sev-
me sera permis de les traduire au tri- eral other major accusations, when I
bunal de la haute cour nationale, me am permitted to indict them before the
soumettant à toute réparation civile tribunal of the High National Court,
et tous dépens, dommages et intérêts. taking upon myself all compensations, ,
(Rires et murmures.)
and all expenses, damages and inter-
est. (Laughter and murmurs.).
“Et a tous dépens, dommages et “And to all expenses, damages
intérêts, si je ne justifie pas devant and interest, if I do not justify be-
les ministres de la loi des faits que je fore the ministers of justice the facts
dénonce et de ceux que je me réserve which I denounce and those which
de dénoncer à la justice pour prouver I reserve to denounce to justice, to
246
DOCUMENTS
que les médiateurs n'on pas été les prove that the Mediators were not
agents de la France, mais qu'ils se agents of France, but that they con-
sont conduits comme les agents d'une ducted themselves as agents of an
armée de brigands et d'une assemblée army of brigands and of an assembly
d'administrateurs intrus sur lesquels of intrusive
intrusive administrators, over
ils n'avaient aucun pouvoir, après which they had no power, but whom
avoir favorisé jusqu'au scandale leurs they favoured to the extent of scan-
entreprises et leurs attentats.
dal in all their enterprises and under-
takings.
“A Paris, le 13 septembre 1791." Paris, September 13, 1791."
Et j'ai signé.
And I have signed this.
1
sur
En mettant cet acte d'accusation sur In placing this accusation on the
le bureau, je demande maintenant à table, I now ask the Assembly, and
l'Assemblée, et je la supplie de vou- I beg them to receive with a decree,
loir bien accueillir, par un décret, ce that which I have the honour of ask-
que j'ai l'honneur de lui demander ing on my own responsibility. (Ex-
ma responsabilité. (Exclama clainations on the Left.)
tions à gauche.)
Je vous prie de considérer que l'ac- I beg you to consider that the accu-
cusation que vous venez d'entendre sation to which you have just lis-
est appuyée sur les titres les plus im- tened, is based on claims the most im-
posants et les plus respectables, sur les posing and the most respectable, on
dénonciations des départements, sur
the denunciations of the departments,
des lettres écrites de la main des coni- on letters written by the hand of the
missaires eux-mêmes; enfin, sur des commissioners themselves; finally, on
preuves par écrit de tous les faits que the written proofs of all the facts I
j'ai annoncés, sur des faits de noto- have stated, on facts of public notori-
riété publique. Je consens à ce que ety. I am willing that the Mediators
les médiateurs prennent la parole, et should speak for themselves and I
je les somme de répondre, article par summon them to answer, article by
article, et par des faits, à mes chefs article, and by facts, my accusations;
d'accusation; tout le reste ne serait anything else would be merely
que de vaines déclamations; il ne faut declamations; they must not produce
qu'il viennent me produire des lettres letters begged for or written by in-
mendiées ou écrites par des habitants habitants of the Comtat.
du Comtat.
Un membre: Quelles sont les A member. Which are yours?
votres?
M. L'ABBÉ MAURY. D'après ces M. L'ABBE MAURY. According to
faits, vous voyez que le rapport these facts, you can see that the Avig-
AVIGNON AND THE VENAISSIN, 1791
247
d'Avignon, fondé sur des procès-ver- non statement, founded on official
baux qui sont l'ouvrage de ces média- reports which are the work of these
teurs, ne
ne peut plus être discuté. mediators, can no longer be discussed.
(Rires et murmures.) J'ose dire à (Laughter and murmurs.) I dare to
l'Assemblée que je ne redoute point say to the Assembly that I do not
cette discussion, et que j'espère de fear this discussion, and I hope to find
trouver dans les actes mêmes qu’on in the very acts, which are presented
nous présente comme la preuve du to us as proof of the vote of Union,
veu de la réunion, les moyens d'en the means of proving its nullity.
prouver la nullité.
Reply of Le Scène des Maisons
Chargés des pouvoirs de l'Assem- Charged with the powers of the
blée nationale, honorés de la confiance National Assembly, honoured with the
du pouvoir exécutif, nous n'avons eu confidence of the executive power,
d'autres instructions que vos propres
we had no other instructions than
lois; c'est là que nous avons appris nos your own laws; it is there that we
devoirs.
learned our duties.
Arrivés à Orange, nous avons fait Arrived at Orange, we did what
ce que le devoir nous dictait. Nous duty dictated. We saw before us a
voyions devant nous un pays, qui, country, which, for six months, had
depuis 6 mois, était le théâtre de been the theatre of all the horrors of
toutes les horreurs de la guerre civile; a civil war; we stopped at Orange,
nous nous sommes arrêtés à Orange, and I have already had the honor of
et, j'ai déjà eu l'honneur de le dire à stating to the Assembly that we
l'Assemblée, nous nous y sommes ar- stopped there because it was import-
rêtés parce qu'il était important de ant for us to see the chiefs of all the
voir les chefs de tous les corps armés, army corps, of all the then recognized
toutes les autorités alors reconnues, authorities, and because it was neces-
et qu'il fallait établir la paix pour sary to establish peace in order to
remplir vos volontés.
accomplish your wishes.
M. l'abbé Maury nous a reproché M. l'Abbé Maury has reproached
d'avoir admis à ces conférences les us for having admitted to these
députés de l'assemblée représentative conferences deputies from the repre-
du pays, munis de 68 procès-verbaux sentative assembly of the country,
qui les avaient établis. Cette assem- armed with sixty-eight formal min-
blée avait à ses ordres l'armée dite de utes by which they had been accred-
Vaucluse, qui était un des partis prin- ited. This assembly had under its
cipaux entre tous les partis intéressés. orders the so-called army of Vau-
248
DOCUMENTS
Avec qui devions-nous donc traiter cluse, which was one of the principal
pour exécuter vos lois; si nous n'ap- parties among all the interested fac-
pelions pas les corps reconnus aux- tions. With whom could we treat in
quels l'armée obéissait? Il ne nous order to execute your orders, if we
appartenait pas d'entrer dans toutes did not summon the recognized bodies
les injures, dans toutes les oppositions which the army obeyed ? It was not
des divers partis; il ne nous apparte- our place to enter into all the wrongs,
nait pas, comme à M. Maury, de trai- into all the disputes of the different
ter ces gens de brigands. Nous al parties; it was not our place, like M.
lions mettre la paix parmi eux. Notre Maury, to treat these people as
devoir était de les entendre et de les brigands. We were to bring them
admettre au traité puisque d'eux en
peace. Our duty was to hear them,
partie dépendait cette paix que vous to admit them to treaty, because on
nous aviez chargé d'établir. (Ap- them partly
partly depended that peace
plaudissements à gauche.)
which you had charged us to estab-
lish. (Applause on the Left.)
Le 14 juillet, nous signâmes le pacte On July 14 we signed the pact by
en vertu duquel chaque parti prenait virtue of which each party agreed to
l'engagement de mettre bas les armes lay down their arms and to carry out
et de remplir votre loi de licenciement. your order to disband. Disbanding
- Licencier une armée n'est pas dés- an army is not disarming a country.
armer un pays. Votre loi nous ordon-
Votre loi nous ordon- Your order directed us to disband two
nait de licencier deux armées qui se fighting armies, which were spread-
battaient, qui répandaient le trouble ing trouble in their country. Was it
dans leur pays. Nous appartenait-il our business to interpret your orders ?
d'interpréter vos lois ? Non. Notre No. Our duty was to carry them
devoir était de les exécuter. Nous li- out. We disbanded the armies, but
cenciâmes les armées, mais nous we did not take away the arms of in-
n'otâmes pas les armes des individus dividuals, who, returning peacefully
qui, retournant paisiblement dans to their communes, to their families,
leurs communes, dans leurs familles, still needed them in these first mo-
en avaient encore besoin dans les pre- ments of agitation, which the history
miers moments d'agitation; et l'his- of Caromb has amply proved to you.
toire de Caromb ne vous l'a que trop
prouvé.
M. l'abbé Maury vous a dit, Mes- M. *l'Abbé Maury has told you,
sieurs, que, si nous n'étions pas ar- gentlemen, that had we not arrived,
rivés, si nous avions retardé quelques had we delayed for a few days, peace
jours, la paix se serait rétablie dans would have been established in the
le Comtat. Quelle était ce pays? Comtat. What was this country?
C'était le pays de la mort, la paix des It was the country of death, the peace
AVIGNON AND THE VENAISSIN, 1791
249
tombeaux; c'étaient 12,000 hommes of the tomb; it was 12,000 men who
qui en auraient égorgé 3,000 ren- would have strangled 3,000 shut up
fermés dans la ville de Carpentras; in the city of Carpentras; who from
qui, de là, promenaient la destruction there would have carried death and
et la mort dans la ville d'Avignon, destruction to the city of Avignon.
Voilà la paix de M. l'Abbé Maury. That is the peace of M. l'Abbé Maury.
(Vifs applaudissements à gauche.) (Lively applause on the Left.)
Vous vous rappelez, sans doute, la You no doubt remember the un-
malheureuse histoire de Caromb./ ... happy history of Caromb. . . . We
Nous avons désarmé les auteurs de ces have disarmed the authors of these
crimes: nous leur avons ôté leurs crimes; we have taken away their
armes, comme on arrache les dents arms, as one pulls the teeth of savage
aux bêtes féroces et comme on devrait beasts and as one should tear out the
arracher la langue aux calomniateurs. tongue of calumniators. (Lively ap-
(Vifs applaudissements à gauche.) plause from the Left.)
Je le demande à l'Assemblée: Si I ask the Assembly, if we had dis-
nous avions désarmé ce pays, si, contre armed this country, if, contrary to
les pouvoirs qui nous étaient confiés the powers confided to us by our mis-
par notre mission, nous avions arrachésion, we had seized the arms of all
les armes à toutes les communes, à the communes of all the National
toutes les gardes nationales, que ne Guards, what would M. l'Abbé
dirait pas alors M. l'abbé Maury? Maury have said then? He could
C'est alors qu'il aurait pu nous dire: then have said: you have violated
vous avez violé les lois, vous avez the laws, you have even abused your
même abusé de votre pouvoir. Vous power. You have brought votes to
apportez des væux á l'Assemblée na- the National Assembly, but what are
tionale, et quels sont ces væux ? these votes? Of what value are they,
Quelle valeur ont-ils, lorsque vous when you began by seizing the arms
avez commencé par arracher les armes of the inhabitants of the Comtat, who
aux habitants du Comtat, et que, dans then, in fear, were forced in your
la crainte, ils ont été forcés en votre
presence to do what you had ordered.
présence, de faire ce que vous avez There would then have been reason to
ordonné. Alors il y aurait lieu de accuse us. But, as we were obeyed
nous inculper. Mais, lorsque nous in the spirit of the law, I believe that
avons été obéi à l'esprit de la loi, je the only regret of M. l'Abbé Maury.
crois que la seule chose que M. l'abbé is that we did not do the very thing of
Maury regrette, c'est que nous n'eus- which
which he
he accuses us. (Applause
sions pas fait la chose même dont il from the Left.)
accuse. (Applaudissements à
gauche.)
1 See the Report of Le Scène des Maisons, p. 46.
nous
250
DOCUMENTS
se
Des crimes et des vengeances pré- Crimes and premeditated vengeance
médités commettaient partout. were committed everywhere. It was
C'est pour en empêcher l'effet que nous to destroy their effect that we hurried
volâmes dans toutes les communes du to all the communes of the Comtat;
Comtat; que nous allâmes à Piolène, that we went to Piolène, where one
où déjà une maison, renfermant plu- louse, in which several citizens had
sieurs citoyens, était assiégée par cinq shut themselves up, was being be-
ou six cents hommes; que nous allâmes sieged by five or six' hundred men;
à l'Isle, où la même chose arrivait et that we went to Isle, where the same
où déjà l'on se fusillait par les fenê- thing was happening and where they
tres. C'est pour cela que nous fûmes were shooting each other from the
obligés de demander les forces que M. windows. It was
on this account
l'abbé Maury nous reproche d'avoir that we were obliged to ask for
appelées.
troops, which M. l'Abbé Maury re-
proaches us for having called for.
D'après l'expérience des crimes Having had experience of the
commis, pour éviter ceux qui se pré- crimes committed, and in order to
paraient encore, nous fûmes obligés prevent those in contemplation, we
d'appeler les gardes nationales, comme were obliged to call the National
la loi nous y obligeait. La loi du 14 Guards, as the law required. The
juillet, qui portait la garantie de la law of July 14, which carried with it
France pour la sûreté des personnes et the guarantee of France for the safety
des propriétés, nous autorisait à ap- of persons and properties, authorized
peler les gardes nationales, nous les us to call the National Guards; we
appelâmes parce que les troupes de called them because the troops of the
ligne étaient en trop petit nombre dans line were too few in number in the
les départements voisins, parce que neighboring departments, because the
les commandants de ces corps nous commanding officers of these troops
répondaient qu'ils ne pouvaient nous replied to us that they could not fur-
en fournir, et à cet instant même, le nish us men, and because at this very
régiment ci-devant de la Fère, que time the former la Fère regiment, a
nous eussions pu en partie requérir, part of which we might have been able
avait reçu du ministre l'ordre de par- to requisition, had received orders
tir pour la Corse. Nous étions donc from the minister to leave for Corsica.
forcés d'appeler les gardes nationales; We were therefore forced to call the
et, Messieurs, en appelant des gardes National Guards; and, gentlemen,
nationales françaises, devions-nous were we to expect that our calling
nous attendre que l'on nous en ferait the National Guards would be called
un crime dans l'Assemblée ? Qui a crime in the National Assembly?
devions-nous croire, qui établirait Were we not to think that a citizen
mieux la paix parmi les habitants du guard would be most certain to estab-
AVIGNON AND THE VENAISSIN, 1791
231
Comtat, si ce n'est une garde cito- lish peace among the inhabitants of
yenne ? Qui devions-nous croire, qui the Comtat? Were we not to believe
se prêterait plutôt aux vaux de paci- that they would lend themselves more
fication, à tous les moyens de con- readily to the desire for pacification
ciliation que nous voulions employer? and to all the means of conciliation
Devions-nous attendre que M. l'abbé which we would wish to employ ?
Maury nous reprochất comme un Were we to expect that M. l'Abbé
crime d'avoir appelé les gardes na- Maury would reproach us for having
tionales?
committed a crime in calling the Na-
tional Guards?
J'entends dire auprès de moi que
I hear it said near me that it is a
c'est un crime, si c'est sans nécessité. crime if unnecessary. I will reply
Je répondrai que l'insurrection par- that the partial insurrection of Avig-
tielle d'Avignon, qui n'avait rien de non, which had nothing in common
commun avec le Comtat, n'a eu lieu with the Comtat, took place only be-
que parce qu'il n'y avait pas de gar- cause there was no garrison, because
nison, parce que nous étions sans we were without forces, and because
force, parce qu'alors beaucoup de gens a great many people who had par-
qui avaient des intérêts particuliers à ticular interests to discuss with the
discuter avec les corps administratifs administrative body
body which
com-
qui commandaient dans Avignon, des manded in Avignon, seeing in our
gens qui ne voyaient pas dans nos hands no means of keeping them in
mains les moyens de les tenir à l'ordre, order, abandoned themselves to that
s'abandonnèrent à cette effervescence exuberance of which Toulon was then
dont Toulon donnait alors un exem- giving the example.
ple.
Et qu'on ne croie pas que le nombre And do not think that the number
de ces gardes nationales fut très of these National Guards was very
grand! Il n'y a jamais eu dans le great.
great. There never were more than
Comtat et dans l'état d'Avignon, dans 1600 men, drawn from three differ-
80 et quelques communes dont la plu- ent departments, in the Comtat and in
part sont des grandes villes, il n'y a the state of Avignon: eighty odd com-
jamais eu plus de 1,600 hommes tirés munes, most of which are large cities.
de 3 départements différents. Ainsi Therefore the Assembly will see that
l'Assemblée verra que nous avons été we were very sparing in our call for
très à l'épargne pour appeler des National Guards; that their summons
gardes nationales, que leur appel a été was the result of labor and a thought-
le fruit d'un travail et d'un calcul ré- cut calculation, which placed a body
fléchi qui plaçait un corps de 100 à 150 of one hundred to one hundred and
hommes, de manière à protéger 5, 6, fifty men in such a manner as to pro-
7 et même 8 communes. Nous avons tect five, six, seven, and even eight
252
DOCUMENTS
7
donc été très à l'épargne, et nous communes. We were therefore very
n'avons appelé que ce qu'une néces- sparing and we called only those
sité indispensable nous prescrivait which an immediate necessity obliged
d'appeler. Et quand les avons-nous us to call. And when did we call
appelées ? A l'instant où les crimes them? At the moment when the
que je vous ai annoncés nous don- crimes I have spoken of were causing
naient la plus vive inquiétude, où us the greatest anxiety, when the
les débris de cette armée qui, selon remnants of the army, which, accord-
l'abbé Maury, devait ramener la paix, ing to l'Abbé Maury was to establish
où les débris de cette armée qu'on nous peace, when the remnants of this
accuse d'avoir forcée à mettre bas les army, which we were accused of hav-
armes, s'étaient répartis dans plusieurs ing forced to lay down their arms, had
communes et y avaient comploté l'as- separated and gone into several com-
sassinat de leurs frères et de leurs con- munes, where they plotted the murder
citoyens. Au moyen de l'emploi des of their brothers and fellow citizens.
gardes nationales, la paix s'est rétablie By means of the use of the National
dans le Comtat.
Guards peace was reestablished in the
Comtat.
Je prouverai à M. l'abbé . . I will prove to M. l'Abbé
Maury lui-même, qui sa patrie de Val- Maury himself, that his home town
réas, où il vous a dit que 150 gardes of Valréas, to which, according to his
nationaux avaient été envoyés sans statement to you, one hundred and
qu'on sache pourquoi, avait demandé fifty National Guards had been sent
cette troupe, sur la réquisition des of- with no apparent reason, had asked
ficiers municipaux.
for these troops on the requisition of
the municipal officers.
Avant que j'abandonne la question Before leaving the subject of the
relative aux gardes nationales il est National Guards it is important that I
important que je vous mette sous les should call to your attention to what
yeux jusqu'à quel degré, la calomnie degree calumny can poison a good
p«ut empoisonner une bonne action. action. You have been told, I regret
On vous a dit, je suis fâché de le ré- to be obliged to repeat it, that M.
péter, que M. l'abbé Mulot a emprunté l'Abbé Mulot borrowed 3,600 livres
3,600 livres à Avignon. Vous con- from Avignon. You are aware, Gen-
naissez, Messieurs, la lenteur avec la- tlemen, of the slowness with which
quelle on paye les gardes nationales the National Guards employed in the
employés dans le Comtat; ils ne re- Comtat are paid. They had received
çoivent point d'argent, ils nous en de- no money and asked us for some; but
mandaient; mais la loi qui nous avait the law which permitted us to call
donné le moyen d'appeler les gardes the National Guards, did not give us
AVIGNON AND THE VENAISSIN, 1791
253
nationales, ne nous avait donné aucun the means of paying them; we bor-
moyen pour les payer; nous emprun- rowed on our own responsibility a
tâmes sur notre propre responsabilité sum amounting to 7,200 livres in
jusqu'à 7,200 livres pour payer les order to pay the National Guards
gardes nationales dont les besoins whose need was urgent, as some of
étaient urgents, dont quelques-uns re- them were returning to their own
tournaient dans leur pays, et voilà, country; and this, Gentlemen, is what
Messieurs, la chose dont on nous a has been constituted a crime on our
fait un crime! C'est de notre dévoue- part! It is of our devotion to duty,
ment; c'est de l'emploi de nos propres it is of our employing our own means
moyens pour venir au secours des in order to come to the assistance of
gardes nationales, qu'on nous fait ici the National Guards, that a cause of
un chef d'accusation.
accusation has here been made.
Les chefs de l'armée, lorsqu'ils eu- The army chiefs, after bringing
rent ramené les gardes nationales dans back the National Guards to Avig-
Avignon, et les 40 pièces de canon non and the forty cannon which they
qu'ils en avaient extraites, les chefs had taken away, imagined perhaps,
de l'armée imaginèrent peut-être, as Holland did during the revolution
comme l'avait jadis fait la Hollande,
which gave that country its liberty,
dans la Révolution qui donna la liberté that in calling themselves brave brig-
à ce pays, qu'en mettant la désignation ands, they would put an end to this
de braves brigands sur eux-mêmes, ils opinion, (murmurs and laughter from
feraient tomber l'opinion (Murmures the right) as in Flanders of yore,
et rires à droite); comme en Flandre when men fought for the same ideas,
jadis des hommes combattant dans la
the designation of beggar was given
même disposition, auxquels on avait in order to put an end to this name
donné la désignation de gueux, pour given to those who wore a porringer
faire tomber cette désignation à ceux on their clothes. Notified that the
qui portaient sur leur habit une écuelle. soldiers carried this designation, we
Avertis que les soldats portaient cette went outside of the city, and we de-
désignation, nous nous rendîmes hors
manded that they drop it.
de la ville, et nous exigeâmes de entered the city wearing this sign;
l'armée de la faire tomber. Il n'en- and that is what M. l'Abbé Maury
tra personne dans la ville, portant calls complimenting the army. (Ap-
cette désignation; et voilà ce que M. plause on the left.)
l'abbé Maury appelle aller compli-
menter l'armée. (Applaudissements
à gauche.)
La désignation de brigands, The designation of brigands, I
j'adopte celle-là parce que la personne adopt this one because our accuser is
No one
254
DOCUMENTS
war.
qui nous accuse est du parti contraire, of the opposite party, this designa-
la désignation de brigands devenait tion of brigands made it our duty, a
donc pour nous un devoir, une obliga- strict obligation on us, to seek, as far
tion stricte de chercher, autant qu'il as it lay in our power, to have it
était en nous, à la faire tomber et em- dropped and to prevent any bad ef-
pêcher ses mauvais effets qui pouvaient fects which might perpetuate civil
perpétuer la guerre civile. Les chefs The French army chiefs them-
de l'armée française craignant eux- selves, fearing that this feeling of
mêmes que cette opinion ne se pro- hatred would be prolonged, invited
longeât, nous invitèrent à leur écrire us to write them a letter, which was
une lettre qui était une sorte de con- a sort of conciliation between all par-
ciliation entre tous les partis.
ties.
C'était à cette époque même, où l'on This was at a time when several
venait de commettre des assassinats, murders had been committed and
où il restait encore dans Avignon quel- when some detachments which had
ques détachements qui n'avaient pas not yet returned to their own country
regagnés leur pays: il était donc im- were still in Avignon. It was there-
portant de prêcher la paix à Avignon, fore important to preach peace in
de prêcher à tous l'abandon de ces Avignon; to preach the abandoning
désignations de parti; et cette lettre, of all these party designations; and
dont M. l'abbé Maury vous a cité une this letter, of which M. l'Abbé Maury
phrase comme un chef d'accusation, quoted to you one sentence as cause
j'aurai l'honneur de la mettre en origi- of accusation, I shall have the honor
nal sous les yeux de l'Assemblée. of placing in its original form before
Vous jugerez si l'esprit de la média- the eyes of the Assembly. You will
tion n'était pas conforme à la mis- judge if the spirit of the mediation
sion, qui la chargeait d'établir la paix was not in conformity with the mis-
dans le pays, et de prévenir les dissen- sion, which charged them with the es-
sions civiles. Voici cette lettre: tablishment of peace, and the preven-
tion of civil dissensions. This is the
letter:
“ La mission dont nous sommes The mission with which we are
chargés, Monsieur le Général, est telle- charged, General, is so entirely for-
ment hors les mesures ordinaires aux eign to the measures ordinarily
troupes de ligne, que nous avons cru adopted by the troops of the line, that
nécessaire de vous faire cette lettre we have thought it necessary to write
pour être communiquée à MM. les you this letter to be communicated to
officiers de l'armée, afin que tous the officers of the army, in order that
concourent au succès de notre négocia- all may cooperate in the success of
tion. L'Assemblée nationale et le roi our negotiations. The National As-
ont voulu rétablir la paix dans une sembly and the King have wished to
66
AVIGNON AND THE VENAISSIN>
255
, 1791
contrée où la nation a laissé ses droits establish peace in a country in which
indécis jusqu'au rétablissement de the nation has left her rights unde-
cette paix. Il est donc indispensable, termined until the reestablishment of
pour obtenir cet effet que les troupes such peace. It is therefore indis-
françaises chargés du maintien de l'or- pensable, in order to obtain this re-
dre accordent à tous sûreté des per- sult, that the French troops charged
sonnes et des propriétés, qu'elles évi- with the maintenance of order, should
tent avec scrupule aucun acte qui grant to all assurance of the safety of
adopte partialité et prédilection pour person and of property, that they
aucun parti. · On doit protection à should scrupulously avoid any act
ceux qu'on appelle émigrants, mais il which might show partiality or favor-'
faut bien se garder de leur donner à itism towards any one party. Protec-
leur retour l'air du triomphe, puisque tion is due to those who are called
ceux qui sont assez faibles pour aban- emigrants, but care must be taken
donner la chose publique en danger that their return be not given the sem-
n'ont point le droit de reparaître avec blance of triumph, for those who are
un orgueil insultant parmi les cito- weak enough to abandon the public
yens qui l'ont défendue. Il ne faut
cause in the moment of danger have
pas non plus que ceux qui ont com- no right to reappear with insulting
battu pour leur patrie en abusent pour pride among the citizens who de-
vexer ceux qui ont droit à la protec- fended it. It is not right, either, that
tion de la loi; cependant, il ne faut those who fought for their country
pas oublier que ceux qui reviennent should abuse this privilege by molest-
de l'armée de Monteux sont des cito- ing those who are entitled to the pro-
yens qui ont tout sacrifié à la liberté,
tection of the law; however, it must
et qui méritent l'estime et la considéra- not be forgotten that those who re-
tion. (Exclamations à droite.) 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.)
“On doit surtout éviter les désig- “One should above all avoid party
nations de parti toujours odieuses, designations, always odious, but less
mais moins
moins pardonnables encore, pardonable when applied to those
quand elles tombent sur ceux qui ont who had the courage to shed their
eu le courage de verser leur sang pour blood in the defence of their liberty.
maintenir leur liberté. Protection à Protection to all, equal treatment to
tous, conduite égale envers tous, et all, without distinction of persons ;
aucune distinction de personnes ; telles these are the measures exacted by
sont les mesures exigées par la média- the mediation of French officers and
tion des officiers et soldats français, soldiers, besides those ordered by law,
256
DOCUMENTS
outre celles que la loi commande et and which are the personal responsi-
qui sont la responsabilité individuelle bility of all the officers employed in
de tous les officiers employés dans Avignon and the Comtat. We are
Avignon et le Comtat. Nous connais- aware in general of your patriotism,
sons en général votre patriotisme, et and of that of the troops of the line;
celui des troupes de ligne; nous ne we do not doubt your eagerness to
doutons point de l'empressement à carry out our views; but it is our duty
remplir nos vues; mais il était de notre to dissipate the disturbances spread
devoir de dissiper les troubles répan- by the prejudices of both parties,
dus par les préjugés des deux partis, which might have led them into
et qui pourraient les induire en er-
error."
reur.”
Voilà la lettre qui forma un chef This is the letter which formed a
d'accusation! (Applaudissements à basis of accusation! (Applause from
gauche.)
the Left.)
M. l'abbé Maury nous a reproché la M. l'Abbé Maury has reproached
phrase où nous disions que ceux qui us with the sentence in which we said
s'étaient battus pour leur liberté inéri- that those who had fought for their
taient estime et considération. Mais liberty deserved esteem and consider-
quelle était notre position ? D'un ation. But what was our position?
côté une armée qui avait laissé après On one side an army which had left
elle toutes les traces de la guerre behind it all the marks of civil war;
civile; de l'autre côté un parti qui as- on the other a party which murdered
sassinait de la manière la plus atroce in the most atrocious manner those
ceux qui rentraient dans leurs foyers. who returned to their homes. I ask
Je vous le demande, ne devions-nous you, was it not our duty to throw our-
pas nous jeter au milieu de ces hom- selves into the midst of these men, all
mes tous criminels, et leur commander criminal, and to command them to
de ne plus employer des désignations refrain from using designations
qui ne nous promettaient que de nou- which could only cause more crimes,
veaux crimes, de nouveaux assassi- fresh murders?
nats ?
Le chef d'accusation qui porte sur
The accusation relative to the
l'Assemblée électorale, et son admis- Electoral Assembly and its admis-
:sion au traité de paix, je n'y répon- sion to the treaty of peace, I will not
drai pas. La loi du 4 juillet me le dé-
answer. The law of July 4 forbids
fend, car il ne m'est pas permis de it, for I am not permitted to comment
commenter vos lois. (Applaudisse- on your laws. (Applause in the gal-
ments dans les tribunes.)
lcries.
M. l'abbé Maury a prétendu que la
M. l'Abbé Maury has claimed that
AVIGNON AND THE VENAISSIN, 1791
257
médiation avait autorisé l'Assemblée the mediation authorized the Elec-
électorale à lever des impôts; il a pré- toral Assembly to levy taxes; he has
tendu qu'elle avait autorisé cette même claimed that it authorized this same
assemblée à s'emparer des biens ecclé- assembly to seize all ecclesiastical
siastiques. L'Assemblée électorale n'a goods. The Electoral Assembly has
pas, à ma connaissance, reçu aucune not, to my knowledge, received any
réclamation, pour avoir levé des im- complaint for having levied taxes;
pôts; elle n'a point, à ma connaissance, it has not, to my knowledge, seques-
séquestré ou fait aucune espèce d'actes trated or committed any act to the
envers les biens ecclésiastiques. prejudice of ecclesiastical property.
Il est bien vrai que l'Assemblée re- It is very true that the representa-
présentative d'un peuple qui avait dé- tive assembly of a people who had
claré son indépendence depuis près declared their independence nearly a
d'un an, que cette Assemblée représen- year before, that this representative
tative, en vertu des premiers actes de assembly, in virtue of the first acts by
laquelle les peuples avaient cessé de which the people had ceased to pay
payer les dîmes et s'étaient conformés tithes and had conformed in every-
en tout aux décrets de l'Assemblée na- thing to the decrees of the National
tionale, que cette Assemblée, dis-je, Assembly, that this assembly, I say,
avait séquestré beaucoup de biens ec- had sequestrated a good deal if not
clésiastiques, si ce n'est même la to- all ecclesiastical property. I believe
talité. Je crois que tout était séques- everything was sequestrated at the
tré à l'arrivée de la médiation.
time of the arrival of the media-
tion. .
Je vous ai démontré que les alléga- I have demonstrated to you that
tions au sujet des troubles du Comtat the allegations concerning the dis-
n'étaient point vraies. Je vous prou-
turbances in the Comtat were not
verai, de la manière la plus convain- true. I will prove to you, in the most
cante, que les émigrants sont restés convincing manner, that all the emi-
dans le Comtat; qu'il y avait à Orange grants remained in the Comtat; that
plusieurs familles du Comtat que des there were in Orange several families
terreurs, peut-être exagérés, peut-être of the Comtat, whom terrors, per-
réelles, avaient forcé de s'expatrier, haps imagined, perhaps real, had
je les ai fait rentrer dans le Comtat. forced to expatriate themselves. 1
Il est un des membres de cette Assem- made them return to the Comtat.
blée, qui tient à ces familles, et qui There is a member of this Assembly,
peut dire qu'elles sont rentrées et de- who is connected with these families,
meurent tranquillement, paisiblement and who can state that they returned
dans Malaucène.
and are living quietly and peacefully
at Malaucène.
258
DOCUMENTS
year. The
n'est donc pas vrai qu'il y ait des It is therefore not true that there
troubles dans le Comtat; il n'est donc are disturbances in the Comtat; it is
pas vrai que les émigrants n'y aient therefore not true that the emigrants
pas joui de la liberté. Il est arrivé were not granted liberty. Precisely
précisément le contraire, c'est que les the contrary took place, for, the emi-
émigrants, rentrés en grande force, ont grants, returning in great force, mal-
maltraité, chassé, notamment à Malau- treated and drove out those who were
cène, ceux que l'on appelait patriotes. called patriots, notably at Malaucène.
C'est au milieu de cette paix que les It is in the midst of this peace that
communes se sont assemblées pour dé- the communes assembled to deliberate
libérer sur leur sort politique. Déjà on their political state. These de-
ces délibérations avaient eu lieu au 2 liberations had already taken place
février de cette année. On avait mis on February 2 of this year.
sous vos yeux l'émission de ces væux; votes cast were placed before you;
on avait allégué, comme aujourd'hui, it was alleged, as to-day, that the vote
que la liberté n'y n'avait pas présidé, et was not free, and the votes were re-
ces veux avaient été rejetés. Quel jected. What was the principle ob-
était l'objet principal de tous ceux qui ject of all those who were contract-
contractaient avec nous à Orange? ing with us at Orange? It was to
C'était d'obtenir les moyens de rétablir obtain the means of reestablishing
l'ordre dans leur pays, dans un pays order in their country, in a country
qui avait déclaré son indépendence, which had declared its independence,
qui avait adopté la Constitution fran- which had adopted the French con-
çaise; un pays qui avait déjà mis en stitution; a country which had already
vigueur un grand nombre de vos dé- put into effect a great number of your
crets, et surtout l'organisation munici- decrees, especially the municipal or-
pale qui existe dans toutes les villes, ganization which exists in all the
même à Valréas.
cities, even at Valréas.
Ainsi donc, ce peuple n'apercevait Therefore, this people could not see
de terme à son anarchie, de fin à ses any termination to its anarchy, any
malheurs, que dans la prononciation end to its misfortune, except in the
de la décision de ses droits politiques. pronouncement of the decision on its
Il en était si convaincu que, dans les political rights. It was so convinced
préliminaires de paix, il exigea qu'un of this, that in the Preliminaries of
article porterait qu'on s'occuperait du Peace, it demanded that one article
sort politique du pays à l'instant should provide that the consideration
inême. Ainsi donc, on s'est occupé, of the political fate of the country
non pas à l'instant même, parce que should be taken up at once. The
les troubles de Caromb, parce que les matter was taken up, but not imme-
assassinats exigeant qu'on rétablit la diately, because the disturbances at
tranquillité, que l'on pût voter à l'om- Caromb, and the murders, demand-
AVIGNON AND THE VENAISSIN, 1791
259
VPuX.
bre de la sûreté personnelle, forcèrent ing that quiet be restored in order to
l'Assemblée électorale à demander be able to vote under the assurance of
l'émission de ce veu un peu plus tard. personal safety, forced the Electoral
L'émission de ce vou s'est faite dans Assembly to ask for the casting of
la plus grande tranquillité; et en vain this vote a little later. The casting
on voudrait vous rappeler ici l'insur- of this vote took place in the greatest
rection d'Avignon, qui n'a eu lieu que quiet; and it is vain to try to remind
6 semaines après l'émission de ces you here of the insurrection at Avig.
non, which only took place six weeks
after these votes had been cast.
L'insurrection d'Avignon, il est bon The insurrection of Avignon, it is
de le répéter, est une insurrection par- well to repeat, was a partial insur-
tielle qui est arrivée dans une ville, à rection, which took place in a city,
raison d'une rivalité entre deux partis and was caused by the rivalry be-
qui cherchaient à dominer mutuelle- tween two parties who mutually
ment. Cette insurrection n'avait au- sought to dominate. · This insurrec-
cun rapport avec le Comtat, n'a pas tion had no connection with the Com-
même effleuré la tranquillité de Mo- tat, did not even ruffle the tranquillity
rières et des petites communes qui ap- of Morières and of the small com-
partiennent à l'Etat d'Avignon et qui munes which belong to the State of
l'entourent; cette insurrection n'a eu Avignon and which surround it; this
aucune espèce d'effet sur les veux insurrection had no effect whatever
qui vous ont été présentés, puisqu'elle on the votes which were presented to
était postérieure de 6 semaines à you, as it took place six weeks after
l'émission de ces voeux; cette insur- the casting of these votes. The
rection ne peut pas être à la charge des mediators can not be charged with
médiateurs.
this insurrection.
Nous avons, dit M. l'abbé Maury, According to M. l'Abbé Maury,
fait rentrer les brigands dans leurs we made the brigands return to their
foyers. Mais je demande à M. l'abbé homes. But I ask M. l'Abbé Maury
Maury comment les citoyens ne de- why should the citizens not return to
vaient pas rentrer dans leurs habita- their habitations, why should the
tions, comment les gardes ne devaient guards not return to their wives, why
pas retourner chez leurs femmes, ne should they not return to a city of
pouvaient pas retourner dans une ville which they were the citizens, of which
dont ils sont citoyens, dont ils sont la they formed the population? They
population ? Ils sont entrés dans entered Avignon because Avignon
Avignon, parce qu'Avignon était leur was their home, their domicile, their
demeure, leur domicile, leur posses- possession. It was impossible to the
sion. Il était impossible, je crois, à mediation, I think, to drive out the
la médiation, de chasser la population population of Avignon in order to
260
DOCUMENTS
d'Avignon pour plaire au Haut-Com- please the Haut-Comtat. (Applause
tat. (Applaudissements à gauche.) on the Left.)
On a articulé que, lors de l'émis- It has been said that at the time of
sion du veu d'Avignon, on avait the casting of the vote at Avignon,
ouvert des tombeaux dans une église. the tombs were opened in one of the
Le fait est absolument faux. Lors de churches. This is absolutely false.
l'émission du væu d'Avignon, il n'y At the time of the casting of the vote
a eu ni tombeaux ouverts, ni querelles, at Avignon there were no tombs
ni diffamations. La gazette de Ville- opened, no quarrels and no desecra-
neuve-lès-Avignon, cette gazette qui tions. The gazette of Villeneuve-
est payée par le parti de contre-révolu- lès-Avignon, the gazette which is
tionnaires qui s'y sont réfugiés, cette paid by the party of anti-revolution-
gazette qui a fourni à M. Maury la aries who took refuge there, this
plupart des faits qu'il a articulés, gazette which furnished M. Maury
parce qu'en effet ils y sont consignes with most of the facts he set forth,
depuis 3 semaines, cette gazette, dis-je, because, for a fact, they have been
a transporté, à cette époque, une anec- published in it for three weeks past,
dote qui est arrivée lorsque la garde this gazette, I say, published at this
nationale d'Avignon, 6 semaines au- time an anecdote of an occurrence
paravant formait son état-major dans which took place six weeks before
une église appelée des Carmes, si je ne when the National Guard of Avignon
me trompe. Une rivalité d'entrée dans established its staff office in a church
l'état-major avait occasioné quelques called the Carmelites, if I am not mis-
rixes. On a prétendu que quelqu'un taken. A rivalry for position on the
avait remué une tombe; nous en avons staff occasioned some altercations.
été avertis, et à l'instant nous avons It was claimed that some one moved a
fait annuler les délibérations: nous tomb; we were notified, we immedi-
avons dénoncé le fait à la municipalité, ately annulled the deliberations; we
et l'assemblée qui avait été tenue a été denounced the fact to the Municipal-
recommencée; voilà le fait qu'on dé- ity, and the assembly which was being
nature et que je certifie comme véri- held was begun again; this is the fact
table, pour en avoir pris moi-même la which was distorted, but which I cer-
connaissance la plus exacte, et je défie tify as being true, for I personally
M. Maury de dire le contraire. looked into the matter very carefully
and I defy M. Maury to contradict
me.
Je dénie encore de la manière la plus I deny also, in the most formal
formelle le fait également pris dans la manner, the fact likewise taken up by
gazette de Villeneuve-lès-Avignon, the gazette of Villeneuve-lès-Avignon,
que, lorsque j'ai été dans cet endroit, that when I was at that place I was
AVIGNON AND THE VENAISSIN, 1791
261
j'aie été assez en démence pour me per-
ever so demented as to say to any one
mettre de dire à aucun homme que les that the emigrants could return to
émigrants pouvaient revenir à Avig- Avignon on condition that they did
non, à condition qu'ils ne voteraient not vote for the Pope. I hope that
pas pour le pape. J'espère qu'on no one will imagine that a man chosen
n'imaginerait pas un homme choisi to execute the law could be mad
pour l'exécution de la loi assez fou enough to be guilty of such language.
pour tenir un pareil langage.
Le fait est que je passai à Ville- The fact is that I was pass-
neuve-lès-Avignon par curiosité; que ing through Villeneuve-lès-Avignon
là je trouvai 3 ou 400 émigrants que through curiosity; that there I found
la curiosité attirait sur le rivage. three or four hundred emigrants
Je leur avais dit: Retournez à Avig- whom curiosity had drawn to the
non; vous y jouirez comme les ha- banks of the river. ... I said to
bitants de la garantie promise par la them: “Return to Avignon ; like the
loi et de la protection de la médiation; inhabitants you will possess the guar-
mais si vous voulez y retourner pour antee promised by law and the protec-
y exciter du trouble, gardez-vous bien tion of the mediation; but if you wish
de le faire, car nous ne le permettons to return in order to stir up trouble,
à aucun parti. (Applaudissements.) take care not to do it, for we will
not permit that to any party.” (Ap-
plause.)
.
J'ai été à Bolem, et là il est bien I have been to Bolem, and it is very
étonnant que M. l'abbé Maury pré- surprising that M. l'Abbé Maury
tende que j'aie pu y avoir quelque in- should claim that I could in any way
fluence sur le vœu du peuple. Il influence the vote of the people. It
était émis il y a 17 jours; on me pré- had been cast seventeen days before;
sente ce vau; on me présente la dé- the vote was presented to me; they
libération de la commune. Je dis à presented me the deliberation of the
la municipalité qu'elle avait fort bien commune. I told the Municipality
fait, mais en lisant le procès-verbal, that they had done very well, but on
j'y trouvais une protestation qui sup- reading the formal minute, I found
posait que l'on pouvait employer la in it a declaration which suggested
force pour le faire changer .
that force could be used in order to
change it.
J'observai à la municipalité que, si I observed to the Municipality, that
elle avait eu le droit démettre son if it had the right to cast its vote, it
võu, il était peut-être peu décent was perhaps scarcely decent to have
d'avoir exprimé qu'on avait eu le expressed a suspicion that the media-
262
DOCUMENTS
1
soupçon que la médiation pouvait la tion could force it to change its opin-
forcer à changer son opinion; je lui ion; I said that I thought this hardly
dis que je croyais cela peu nécessaire, necessary, that this article was not
que cet article n'était pas agréable à pleasing to the mediation, which
la médiation qui montrait une impar- showed decided impartiality, and a
tialité aussi décidée, une protection et protection and guarantee equally
une garantie aussi fortes. Les armes strong. The arms of France were
de France étaient sur les portes de over the gates of Bolem; I told the
Bolem; je dis à la municipalité que, Municipality that .when the National
quand les gardes nationales qu'ils Guards, which they had summoned
avaient appelées, pour leur sûreté, for their safety, were withdrawn, it
seraient retirées, il était possible que was possible that the arms of France
les armes de France fussent, par quel- might meet with some insult and that
que circonstance, insultées; que je I thought it wiser and better to take
croyais qu'il était plus sage et mieux them down.
de les ôter
Un dernier chef est d'avoir réinté- One more accusation is the rein-
gré M. Raphel, juge d'Avignon. M. statement of M. Raphel, Judge of
Raphel a été nommé juge d'Avignon Avignon. M. Raphel was nominated
par la commune. Dans le temps des as Judge of Avignon by the commune.
troubles, la commune chargea la mu- During the time of the disturbances,
nicipalité de choisir un autre juge. the commune directed the Municipal-
M. Raphel, revenu après une absence ity to choose another judge. M.
de 2 mois, demanda à rentrer dans ses Raphel on his return after an absence
fonctions, qu'il n'avait jamais cessé of two months asked to be permitted
d'exercer, en vertu de sa nomination to take up his duties, which he had
et en vertu de la loi, qui veut qu'un never ceased to perform, by virtue of
juge ne puisse être destitué que par his nomination and by virtue of the
un jugement. M. Raphel s'adressa à law, which directs that a judge can
nous, et nous à la municipalité. Nous only be removed from office by a
nous trouvions chargés envers M. Ra- judgment against him. M. Raphel
phel d'une sorte de responsabilité, turned to us, and we turned to the
puisque nous étions les garants de la Municipality. We found ourselves
propriéte des personnes. La munici- charged with a sort of responsibility
palité rétablit M. Raphel, et alors
et alors towards M. Raphel, as we were guar-
comme nous seuls avions sur les es- antors of the safety of persons. The
prits une préponderance d'opinion, Municipality reinstated M. Raphel,
qui prévenait les troubles, nous dé- and then, as we alone had the pre-
clarâmes qu'en vertu du rétablisse- ponderance of opinion over the minds
ment de M. Raphel, la force publique of the people, and foresaw disturb-
prêterait assistance à ses jugements, ances, we declared that by virtue of
AVIGNON AND THE VENAISSIN, 1791
263
et je crois que nous étions dans les
termes précis de la loi.
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.
D'après le compte que je viens de According to the report I have
vous rendre, Messieurs, vous avez vu rendered you, Gentlemen, you have
que la médiation a fait cesser toutes seen that the mediation has caused the
les hostilités entre les peuples d'Avig- cessation of all hostilities between the
non et du Comtat; vous avez vu qu'elle people of Avignon and the Comtat;
a rétabli partout la paix, qu'elle a fait you have seen that it established peace
rentrer dans les communes du Comtat everywhere, that it caused to return to
les émigrants que les troubles, les the communes of the Comtat the emi-
craintes ou les vexations en avaient grants, whom disturbances, fear and
bannis. Elle a donc rempli littérale- molestations had banished. It there-
ment le but que l'Assemblée nationale
fore accomplished literally the aim
s'était proposé dans son décret du 25 which the National Assembly had
mai. Conformément aux prélimi- proposed in its decree of May 25.
naires de paix les communes se sont Conformably to the Preliminaries of
expliquées au sein de la tranquillité et Peace, the communes made their dec-
de la paix. L'Assemblée électorale a larations in the midst of tranquillity
recueilli leurs væux, et les a déposés and peace. The Electoral Assembly
devant vous. La médiation a donc received their votes, and placed them
rempli encore le but de la loi du 4 before you. The mediation has
juillet, dont l'exécution lui était con- therefore accomplished the object of
fiée.
the law of July 4, the execution of
which had been confided to it.
Une inculpation porte particulière- One accusation deals particularly
ment sur M. Verninac, mon collègue. with M. Verninac, my colleague.
Il va, si l'Assemblée le permet, y With the permission of the Assembly,
répondre lui-même. (Applaudisse- he will reply for himself. (Ap-
ments.)
plause.)
Reply of Verninac Saint-Maur
Parmi la foule des
foule des assertions Among the number of assertions
énoncées hier par M. l'abbé Maury, made here yesterday by M. l'Abbé
avec une merveilleuse assurance et Maury, with a marvellous assurance
que j'appellerai du nom bien mitigé and what I will call by the much
264
DOCUMENTS
une
d'inexactitudes, parce que je veux mitigated name of inaccuracies, be-
donner à l'Assemblée
haute cause I wish to give to the Assembly
preuve de mon profond respect, il a high proof of my profound re-
en est une qui n'est pas dénuée de spect, there is one which is not de-
vérité. M. l'abbé Maury a dit que nuded of truth. M. l'Abbé Maury
j'avais accepté la présidence des Amis said that I had accepted the presi-
de la Constitution française à Avig- dency of the “Friends of the French
non. Je le confesse, Messieurs, et s'il Constitution of Avignon.” I con-
est vrai que cette condescendance de fess it, gentlemen, and if it is true
ma part ait contrarié mon caractère, that this condescension on my part is
si cette condescendance est un tort, je contrary to my character, and if this
m'empresse de faire la part de la mal- condescension is wrong, then I hasten
veillance, en m'en avouant coupable. to yield to malevolence in acknowl-
Ce tort, si c'en est un, n'est cependant edging my guilt. This wrong, if it
pas inatténuable; . ,
is one, is however not without exten-
uating circumstances;
Je commencerai par vous instruire I will begin by explaining to you
d'un fait essentiel : c'est que la Con- one essential fact: which is that the
stitution française, c'est que vos dé- French constitution and your decrees
crets régissent depuis longtemps les have ruled for a long time over the
deux Etats d'Avignon et du Comtat two States of Avignon and the Com-
Venaissin. Tout ce que l'anarchie a tat Venaissin. All that anarchy
pu permettre d'y former d'établisse- could permit in the forming of polit-
ments politiques, est organisé suivant ical establishments are organized ac-
vos lois; et si M. l'abbé Maury m'ac- cording to your laws; and if M.
cusait d'inexactitude, j'en appellerai à l’Abbé Maury accuses me of inac-
lui-même. Il vous a dit hier, Mes- curacy, I will appeal to himself. He
sieurs, que la municipalité de Bolem told you yesterday, Gentlemen, that
était allée en écharpe au-devant de the Municipality of Bolem, wearing
mon collègue. Oui, Messieurs, c'est
Oui, Messieurs, c'est their scarves, had gone to meet my
une vérité de fait que les deux Etats colleague. Yes, Gentlemen, it is a
d'Avignon et du Comtat se gouver- veritable fact that the two States of
nent par les lois que vous avez faites; Avignon and of the Comtat are gov-
et il n'est cependant la patrie de M. erned by laws which you have made,
l'abbé Maury, qui n'ait une administra- and even the home of M. l'Abbé
tion municipale, institué suivant vos Maury has a municipal administra-
décrets.
tion, instituted according to your de-
crees.
Messieurs, n'eût-il pas été sur-
Gentlemen, would it not have
prenant qu'il y eût eu dans Avignon been surprising, that in Avignon there
AVIGNON AND THE VENAISSIN, 1791
265
une société vouée au sacerdoce des lois
françaises, et que des Français eussent
dédaigné d'y paraître.
should be a society devoted to the cult
of the French laws, and that French-
men had disdained to be present?
Par une suite de troubles qui a- In consequence of the disturbances
vaient tourmenté la ville d'Avignon, et which had tormented the City of
durant que l'armée était en campagne, Avignon and while the army was in
la Société des Amis de la Constitution the field, the Society of the Friends
avait rayé de ses registres plusieurs de of the Constitution had erased from
ses sociétaires. Au retour de l'armée its register several of its members.
après le licenciement, ces sociétaires On the return of the army after its
demandèrent à être réintégrés; et nul disbanding, these members asked to
ne paraissant pour soutenir les incul- be reinstated, and no one appearing to
pations qui avaient été faites, on les sustain the charges which had been
biffa sur les registres, et l'on y rétablit preferred, the records were cancelled,
les noms qui en avaient été effacés. and the names which had been erased
were restored.
Mais le rapprochement des esprits But minds not having been able to
n'ayant pu s'opérer comme celui des come together as did the individuals,
personnes, et la société étant devenue and the society having become very
très tumultuaire, les deux partis pen- tumultuous, the two parties thought
sèrent que le moyen d'y rétablir le bon that the best means of restoring order
ordre, et de fondre ensemble les dif- and of harmonizing the contending
férentes passions, était de nommer à factions would be to nominate for the
la présidence une personne qui, par le presidency a person who, by the re-
respect dû à son caractère, imposât spect due his position, could impose
silence aux ressentiments divers, les silence on the various factions, could
accoutumât ainsi à se voir de près, et accustom them to get into contact, and
achevât insensiblement l'oeuvre de la imperceptibly to effect a reconcilia-
réconciliation.
tion.
Ce fut dans ces circonstances que je It was under these conditions that
fus invité à présider la Société des I was invited to preside over the So-
Amis de la Constitution dans Avig- ciety of the Constitution at Avignon;
non; ce fut dans des vues de paix que it was in the interest of peace that I
j'acceptai cette place,
accepted the position,
l
266
DOCUMENTS
Decree of the National Convention Uniting Avignon and the Comtat Venaissin
to France. September 14, 1791 1
L'Assemblée nationale, après avoir The National Assembly, having
entendu le rapport de ses comités dip- heard the report of its Diplomatic
lomatiques et d'Avignon;
Committee and its Committee on
Avignon;
Considérant que, conformément aux Considering that, according to the
préliminaires de paix arrêtés et signés Preliminaries of Peace agreed on and
à Orange le 15 juin de cette année, signed at Orange on June 15 of this
par les députés de l'assemblée élec- year, by the deputies of the joint Elec-
torale des deux états réunis, des mu- toral Assembly of the two States, of
nicipalités d'Avignon et de Carpen- the Municipalities of Avignon and of
tras, et de l'armée de Vaucluse, en Carpentras and of the army of Vau-
présence et sous la garantie provisoire cluse, in the presence and under the
des médiateurs de la France envoyés provisional guarantee of the Media
par le Roi, garantie que l'Assemblée tors of France sent by the King, a
nationale a confirmée par son décret guarantee which the National Assem-
du 4 juillet dernier, les communes des bly has confirmed by its decree of
deux états réunis d'Avignon et Com- July 4 last, the communes of the two
tat Venaissin se sont formées en as- united States of Avignon and the
semblées primaires, pour délibérer sur Comtat Venaissin have formed them-
l'état politique de leur pays;
selves into primary assemblies, for the
purpose of deliberating regarding the
political status of their country;
Considérant que la majorité des Considering that the majority of
communes et des citoyens a émis libre- the communes and of the citizens has
ment et solennellement son vau pour freely and solemnly expressed its de-
la réunion d'Avignon et du Comtat sire for the union of Avignon and the
Venaissin à l'Empire français;
Comtat Venaissin with the French
Empire;
Considérant que, par un décret du Considering that, by a decree of
25 mai dernier, les droits de la France May 25 last, the rights of France over
sur Avignon et le Comtat Venaissin Avignon and the Comtat Venaissin
ont été formellement réservés;
have been formally reserved;
L'Assemblée nationale déclare qu'en The National Assembly declares
vertu des droits de la France sur les that by virtue of the rights of France
états réunis d'Avignon et du Comtat over the united States of Avignon
Venaissin, et que, conformément au and the Comtat Venaissin, and in ac-
1 Duvergier, Collections, vol. 3, p. 267.
AVIGNON AND THE VENAISSIN, 1791
267
veu librement et solennellement émis cordance with the vote freely and
par la majorité des communes et des solemnly expressed by the majority
citoyens de ces deux pays pour être of the communes and of the citizens
incorporés à la France, lesdits deux of these two countries for incorpora-
états réunis d'Avignon et du Comtat tion with France, the said United
Venaissin font, dès ce moment, partie States of Avignon and the Comtat
intégrante de l'Empire français; Venaissin form, from this time on,
an integral part of the French Em-
pire;
L'Assemblée nationale décrète que The National Assembly decrees
le Roi sera prié de nommer des com-
that the King shall be requested to
missaires qui se rendront incessament name commissioners who shall re-
à Avignon et dans le Comtat Venais- pair to Avignon and the Comtat Ven-
sin, pour faciliter l'incorporation de aissin, without delay, in order to
ces deux pays à l'Empire français; facilitate the incorporation of these
two countries in the French Empire;
L'Assemblée nationale décrète que, The National Assembly decrees
dès ce moment, toutes voies de fait, that, from this time on, all acts of
tous actes d'hostilités, sont expressé- violence and all hostile acts are ex-
ment défendus aux différens partis qui pressly forbidden to the different
peuvent exister dans ces deux pays. parties which may exist in these two
Les commissaires envoyés par le Roi
countries. The commissioners sent
veilleront à l'exécution la plus exacte by the King shall see to the careful
des lois; ils pourront requérir, avec
execution of the laws; they may, by
les formes accoutumées, les troupes means of the accustomed forms, call
de ligne et gardes nationales, pour le for the aid of the troops of the line
rétablissement et le maintien de l'or- and the National Guard, in order to
dre public et de la paix.
restore and maintain public order and
peace. .
L'Assemblée nationale décrète que The National Assembly decrees
le Roi sera prié de faire ouvrir des that the King shall be requested to
négociations avec la cour de Rome, open negotiations with the Court of
pour traiter des indemnités et dédom- Rome concerning such indemnities
magements qui pourraient lui être lé- and damages as may be legitimately
gitimement dus.
due it.
L'Assemblée nationale charge ses The National Assembly charges its
comités de constitution, diplomatique Committees on the Constitution and
et d'Avignon, de lui présenter inces- on Avignon, and its Diplomatic Com-
samment un projet de décret sur l'étab- mittee, to present at once a draft de-
lissement provisoire des autorités cree for the provisional setting up of
civiles, judiciaires et administratives civil, judicial and administrative au-
268
DOCUMENTS
qui régiront les deux pays réunis thorities, which shall exercise power
d'Avignon et du Comtat Venaissin, in the two united countries of Avig-
jusqu'à leur organisation définitive. 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, 1792 1
Au camp de Barraux,
In the field at Barraux,
le 21 septembre.
September 21.
Au nom de la nation française, In the name of the French nation,
liberté, égalité.
Liberty, Equality.
Le général de l'armée française, The General in command of the
obéissant à la volonté souveraine de French army, in obedience to the sov-
la nation, chargé par elle de venger les ereign will of the nation, charged by
injures que le roi de Sardaigne, au it with the avenging of the injuries
mépris des traités, a faites à la France which the King of Sardinia, in despite
dans la personne de ses ambassadeurs, of treaties, has done to France in the
et les mauvais traitements qu'il a per- person of her Ambassador, and the
mis que des citoyens français éprou- evil treatment which he has allowed
vassent dans ses Etats, veut faire con- the French citizens to suffer in his
naître à l'Europe, et particulièrement States, desires to acquaint Europe, and
aux peuples de la domination sarde, les particularly the peoples under Sar-
justes motifs qui ont déterminé la na- dinian domination, with the just rea-
tion française à agir envers le roi which have determined the
comme envers un violateur de la foi French nation to take action against
publique et du droit des gens.
the King as against a violator of pub-
lic faith and of international law.
sons
Séparez-vous de vos tyrans; ce sont Separate from your tyrants; it is
eux seuls que nous venons combattre. they alone we are come to battle with.
La chaumière du pauvre sera l'asile de The poor man's cottage shall be the
la paix, nous y verserons des consola- refuge of peace, we shall there pour
tions. L'armée française ne vient forth consolation. The French army
point dévaster vos campagnes. Ce does not come to lay waste your fields.
que ses besoins exigeront, le général What our needs require the General
vous le demandera avec confiance; ce will ask for confidently; he will ever
sera toujours l'argent à la main qu'il receive your aid with money in hand.
recevra votre secours. En respectant As for your persons, your homes,
1 Arch. parl., 1st series, vol. 52, p. 295.
269
270
DOCUMENTS
vos personnes, vos demeures, vos pro- your property, in offering you its
priétés, en vous offrant son amitié, le friendship the French people wish
peuple français veut vous faire par- you to share with it the blessing dear-
tager avec lui le bien le plus cher à est to mankind, Liberty, for which
l'homme, celui dont l'espoir ou le désir hope and longing never die, even in
ne meurt jamais, même dans le coeur the heart of the slave. May you en-
de l'esclave, la liberté. Puissiez-vous joy this without its protection! That
en jouir sans sa protection! Ce sera would form the most glorious success
le succès le plus glorieux pour nos
of our armies.
armées.
Signé: Le général. (Signed), General in Command,
MONTESQUIOU.
MONTESQUIOU.
Letter of General Montesquiou to the Minister of War, and Discussion Re-
garding it in the French National Convention. September 28, 17921
1
Chambéry, le 25 septembre, l'an IV® Chambéry, September 25, Year IV
de la liberté et le 1er de l'égalité. of Liberty and I of Equality.
J'avais eu l'honneur de vous man- I have had the honor of informing
der, Monsieur, que ma première lettre you, Sir, that my first letter would be
serait datée de Chambéry; vous voyez dated from Chambéry; you see that
que je vous tiens parole. Tout a fui I keep my word.
I keep my word. All have fled, from
depuis les bords du lac de Genève jus- the borders of Lake Geneva to those
qu'à ceux de l'Isère; et des députa- of the Isère; and deputations from all
tions de toutes les villes de Savoie the towns of Savoy are arriving in
m'arrivent successivement pour ren- turn before me, to do homage to the
dre hommage à la nation française, et French nation, and to implore its pro-
pour implorer sa protection. La fuite tection. The flight has been only too
n'a été que trop rapide, puisqu'il m'est rapid, since it is impossible for me
impossible d'atteindre les ennemis; to reach the enemy; but if I have only
mais, si je n'ai qu'un faible espoir de a slight hope of taking them prisoner,
les faire prisonniers, j'en suis dé- I am compensated by more useful cap-
dommagé par des captures plus utiles tures which I owe to the precipitation
que je dois à la précipitation de leur of their Alight. I give here a detailed
fuite. Je joins ici un état succinct statement of the provisions, muni-
des provisions, des munitions, etc. tions, etc..
La marche de mon armée est un My army marches in triumph; the
triomphe; le peuple des campagnes, country people and those of the towns
1 Arch. parl., 1st series, vol. 52, p. 188.
.
SAVOY AND NICE, 1792—3
271
canon.
celui des villes accourent au-devant de run to meet us; the tricolor cockade is
nous; la cocarde tricolore est arborée everywhere displayed; our progress is
partout; les applaudissements, les cris accompanied by applause and cries of
de joie accompagnent tous nos pas. joy. Day before yesterday a deputa-
Une députation de Chambéry m'est tion from Chambéry came to seek
venue trouver avant-hier au château me at the Chateau des Marches; yes-
des Marches; hier matin, j'en suis terday morning I departed from it
parti avec 100 chevaux, 8 compagnies for that
for that town with one hundred
de grenadiers et 4 pièces de canon horses, eight companies of grenadiers
pour me rendre dans cette ville. La and four pieces of
The
municipalité m'attendait à la porte, en Municipality awaited me at the gate,
habit de cérémonie, pour m'en re- in ceremonial robes, to give me the
mettre les clefs. Le chef de la munici- keys. The head of the Municipality
palité m'a exprimé les sentiments de expressed to me the sentiments of
respect et d'attachement du peuple de respect and of attachment of the peo-
Savoie pour la nation française; et, ple of Savoy for the French nation;
au nom de cette nation généreuse, j'ai and, in the name of this generous na-
promis protection, paix et liberté au tion I promised protection, peace and
peuple de Savoie. Je me suis rendu à liberty to the people of Savoy. I re-
la maison commune; j'y ai reçu les paired to the communal hall; I there
hommages que les citoyens s'empress received the homage which the citi-
saient de rendre à la nation, et toute la zens hastened to render to the nation,
troupe a été invitée à un grand festin and the whole troop was invited to a
qui lui était préparé.
great festival which had been pre-
pared for it.
Aujourd'hui l'arbre de la liberté To-day the Tree of Liberty is to be
sera planté en grande cérémonie sur planted with great ceremony in the
la place principale de la ville.
principal square of the town.
Il me paraît que les esprits sont It appears to me that the mind of
disposés à une Révolution semblable the people here is disposed to a revo-
à la nôtre: j'ai déjà entendu de pro- lution such as ours; I have already
poser à la France un 84° département, heard made the suggestion of propos-
ou au moins une République sous sa irg to France an eighty-fourth depart-
protection. Il est à désirer que je ment, or at least a republic under its
connaisse le võu du gouvernement, protection. It is desirable that I
car je crois que je serai à portée d'in- should know the wish of the Govern-
fluer sur les partis que l'on prendra. ment, for I believe that I shall be in a
J'ai dit d'ailleurs, que la nation position to influence the decisions to
laissait libre cours aux lois du pays, be made. I have said besides
jusqu'à ce que la nation savoisienne that the nation was giving free play
272
DOCUMENTS
les ait librement changées. Je vous to the laws of the country, until the
prie de me mander si je dois tenir un Savoyard nation should have freely
autre langage; jusqu-là je n'interrom- changed them. I beg you to write me
prai point les lois ordinaires, ni les whether I should use other language;
fonctions des magistrats.
until then I shall interfere neither with
the ordinary laws nor with the func-
tions of the magistrates.
Peut-être faudrait-il, pour rem- Perhaps it may be necessary, in or-
placer l'autorité administrative de l'an- der to replace the administrative au-
cien gouvernement, tant qu'il ne sera thority of the former Government, in
pas changé, nommer un gouverneur so far as it is not changed, to name a
général de cette province. Je ne peux governor general of this Province. I
y exercer que l'autorité militaire, et
can exercise only military authority
c'est user du droit de conquête. Je here, and that would be to make use
laisse cet examen à votre sagesse. of the right of conquest. I leave this
question to your wisdom.
Je désire, Monsieur, que ma con- I desire, Sir, that my conduct
duite ait l'approbation de l'Assem- should have the approval of the Na-
blée nationale et la vôtre..
tional Assembly and yours also.
Le Général de l'armée du Midi,
The General of the Army of the
Signé: MONTESQUIOU.
Midi
(Signed) MONTESQUIOU.
1
0
BANCAL. . . . Je rappellerai à la BANCAL. I shall recall to the
Convention que l'Assemblée consti-
l'Assemblée consti- Convention that the Constituent As-
tuante, en consacrant par un décret sembly, in consecrating by a solemn
solennel qu'elle renoncait à l'ambition decree its renunciation of conquest,
des conquêtes, a rendu le plus grand has rendered the greatest homage to
hommage à la liberté des peuples. the liberty of peoples. Faithful to
Fidèle à ce principe sacré, la Conven- this sacred principle, this Convention
tion doit rejeter la proposition qui lui must reject the proposition made to it
est faite d'ériger un 84° département to erect, as Department 84, the part of
la partie de la Savoie qui manifeste Savoy which manifests its love for
son amour pour la liberté en s'ar- liberty by tearing itself from the des-
rachant au joug du despotisme (Mur- pot's yoke (murinurs) and must leave
niures) et laisser ce pays libre de se this country free to give to itself its
donner un gouvernement particulier. 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 française, guerre aux despotes, paix et liberté aux peuples !
"Le Général de l'armée du Midi,
"Signé: MONTESQUIOU."
SAVOY AND NICE, 1792-3
273
Je ne suis d'avis de ceux qui pen- I am not of the opinion of those
sent que, pour qu'un peuple soit heu- who think that for a people to be
reux, il faut qu'il possède une grande happy, it must possess a great extent
étendue de territoire. La France est of territory. France is sufficiently
assez vaste, et je crois que vous devez large, and I believe that you should
manifester l'intention de renoncer à make plain the intention of renounc-
tout désir d'agrandissement. Ce dé- ing all desire for aggrandisement.
cret ne peut qu'être agréable. (Mur- This decree cannot fail to be pleasing.
inures.) Je demande le renvoi de la (Murmurs.) I ask that the proposi-
proposition du général Montesquiou tion of General Montesquiou be re-
au comité diplomatique.
ferred to the Diplomatic Committee.
LACROIX. Et moi, je demande la
LACROIX. And I, I move the pre-
question préalable, sur le renvoi au vious question, as to referring it to
comité. Vous entrez en Savoie pour the committee. You enter Savoy to
donner à ce peuple la liberté, et non give this people liberty, not to con-
pour le conquérir. Mais au moins quer it. But it is necessary that at
faut-il que quelque avantage vous in- least some advantage should indem-
demnise des frais de la guerre, et que nify you for the costs of the war, and
la propagation des principes de la lib- that the spread of principles of liberty
erté soit sûre et stable; car si à la paix should be sure and firm; for, if at the
vous rendiez ces pays aux despotes qui peace you give over this country to
les avaient asservis, quels seraient les the despots who have enslaved it,
hommes qui oseraient se réunir à vous, what would become of the men who
et qui le pourraient sans danger! dared join you, and who should be
Vous ne trouveriez pas un ami, cha- able to do so without danger! You
cun serait retenu par la crainte de ren- would not find a friend, every man
trer bientôt sous la domination du would be held back by the fear of
tyran.
soon finding himself again under the
domination of the tyrant.
0
LÉONARD BOURDON. Je demande LÉONARD BOURDON. I request the
l'impression de la lettre de Montes- printing of the letter of General Mon-
quiou et je propose d'attendre, pour tesquiou and propose delay, before ar-
prendre une détermination quelcon- riving at any decision, until the Con-
que, que la Convention soit informée vention is informed as to the attitude
des dispositions du peuple de Savoie. of the people of Savoy .
CAMILLE DESMOULINS. L'Assem- CAMILLE DESMOULINS. The Con-
blée constituante a consacré ce grand stituent Assembly has consecrated the
principe que tout peuple a le droit de se
great principle that every people has
donner le gouvernement qui lui plait. the right to give itself the government
La Convention nationale ne doit pas which pleases it. The National Con-
274
DOCUMENTS
restreindre la souveraineté des peu- vention should not fetter the sover-
ples; elle doit laisser le peuple savoi- eignty of the people; it should leave
sien libre de se choisir le gouverne- the Savoyard people free to choose
ment qui lui convient. Et, à cet the government which it wishes.
égard, je rappellerai un trait fameux And on this point I recall an act
dans les fastes de l'histoire. Rappe- famous in the annals of history. Do
lez-vous, Messieurs, lorsque la ligne you recall, Gentlemen, when
when the
des Achéens fut vaincue, que le peuple Achaean. League was conquered, that
romain reconnut pour la première fois the Roman people for the first time
le droit incontestable des peuples recognized the incontestable rights of
Le Sénat romain convoque toute la peoples. . . . The Roman Senate con-
Grèce et déclara à ses habitants qu'ils voked the whole of Greece and de-
avaient le droit d'adopter telle forme clared to the inhabitants that they had
de gouvernement à laquelle ils don- the right to adopt such form of gov-
neraient la préférence.
ernment as they preferred.
Craignons de ressembler aux rois en Beware of resembling kings in en-
enchaînant la Savoie à la République. chaining Savoy to the Republic. Let
Invitons-la à s'assembler, sous notre us invite them to assemble, under our
protection et à prononcer sa destinée protection, and to determine their po-
politique.
litical future.
LOUVET DE COUVRAI. . . . Certes, LOUVET DE COUVRAI. . . . It is
Français, il ne peut entrer dans la certain, Frenchmen, that it can en-
tête d'aucun membre de cette As- ter the mind of no member of the
semblée, qu'en pénétrant dans la Sa- Assembly that in penetrating into
voie vous ayez voulu ne soulever Savoy you have wished to raise the
qu’un moment les chaînes du peuple chains from the people for a moment
qui l'habite, pour ensuite les laisser re- only, to let them fall back on them
tomber sur lui avec plus de pesanteur. with the more weight. ... How, with-
... Comment pourriez-vous, sans out infringing on their most sacred
porter atteinte à leurs droits les plus rights, could you force them to receive
sacrés, les forcer à recevoir de vous la from you the constitution which you
Constitution que vous allez vous don- are about to give yourselves, and
ner, et qui peut-être ne leur convien- which, perhaps, would not suit them?
drait pas ? Et d'ailleurs, Français, And moreover, Frenchmen, consider
considérez que ce qui est essentielle- that what is essentially just is almost
ment juste, est aussi presque toujours always essentially expedient. I main-
essentiellement politique. Je main- tain, for example, that in Brabant,
tiens, par exemple, que dans le Bra- which you are about to enter, you
bant, où vous allez entrer, vous vous would make for yourselves many
SAVOY AND NICE, 1792-3
275
feriez beaucoup d'ennemis, si vous enemies if you should announce the
annonciez le dessein de donner à ses intention of giving to the inhabitants
habitants toutes vos lois, dont quel- all your laws, many of which would be
ques-unes leur seraient longtemps en- very disagreeable to them until they
core, et jusqu'à ce qu'ils soient plus are more enlightened. I maintain, on
éclairés, très désagréables. Je main- the contrary, that the better way of
tiens, au contraire, que le meilleur making numerous allies for yourselves
moyen de vous faire de nombreux in all the countries which you are go-
alliés dans tous les pays que vous allez ing to wrest from the tyranny of des-
conquérir sur la tyrannie des despotes, pots, is to declare that you are bring-
c'est de déclarer que vous apportez aux ing to the people, not conquered but
peuples, non pas soumis, mais délivrés delivered, (applause) a liberty which
(Applaudissements) une liberté tout is complete (applause); that you do
entière (Applaudissements); que vous not contest their right to govern them-
ne leur contesterez pas le droit de se selves and to govern themselves by
gouverner, et de ne se gouverner que those laws only which they shall have
par des lois qu'eux-mêmes ils se seront given to themselves; that, finally, you
données; qu'enfin, vous vous bornerez will limit yourself to recognizing their
à reconnaître leur indépendance abso- absolute independence, which you will
lue, que vous garantirez contre tous, guarantee against everyone with all
et de toute la force de vos armes. the force of your arms. (Loud ap-
(Vifs applaudissements.)
plause.)
Lacroix. Qui paiera les frais de LACROIX. Who will pay the cost
la guerre?
of the war?
LOUVET DE COUVRAI. Les frais de LOUVET DE COUVRAI. The cost of
la guerre! Vous en trouverez l'ample the war! You will find ample in-
dédommagement dans la jouissance demnity in the enjoyment of your lib-
de votre liberté, pour toujours assurée, erty assured forever, in the spectacle
dans le spectacle du bonheur des peu- of the happiness of the people whom
ples que vous aurez affranchis. . .
you will have enfranchised. . .
Français, je demande que pour la Frenchmen, I ask that for the joy
joie des peuples auxquels il sera dès of the people to whom it shall be
lors démontré que vous voulez en effet henceforth shown, that you wish truly
leur apporter la liberté, mais une vraie to bring liberty — a real liberty, their
liberté, mais la leur, et non la vôtre; own and not yours — that for the de-
que pour le désespoir des tyrans qui spair of the tyrants who will not be
ne pourront vous calomnier en vous able to slander you by imputing to you
supposant devant l'Europe l'ambition before Europe, the ambition for con-
des conquêtes, je demande que tout à quest, I ask that you at once proclaim
l'heure vous proclamiez, à la face de before the universe this solemn decree,
l'univers, ce décret solennel qu'à l'in- that at the instant when, defied by
276
DOCUMENTS
power of
stant où, défiés par quelque roi, vous some king, you shall have entered his
serez entrés sur son territoire, et que territory and shall there have broken
vous y aurez brisé les fers de ses ci- the fetters of his former subjects, you
devant sujets, vous rendrez au peuple will return to the enfranchised people
affranchi le droit de s'assembler, pour the right to assemble in order to give
se donner lui-même les lois qu'il ju- themselves the laws which they shall
gera nécessaires à son bonheur, et deem necessary for their welfare, and
qu'aussitôt vous, Français, vous ga- that immediately, Frenchmen, you will
rantirez son indépendance par toute la guarantee their independence by all
puissance de vos armes. (Vifs ap- the
your arms.
(Lively ap-
plaudissements.)
plause.)
LASOURCE. Plus on parlera sur ce LASOURCE. The more this princi-
principe, plus on fera sentir la néces- ple is spoken of, the more we are
sité d'y admettre des modifications et, made to feel the necessity of admit-
par conséquent, de renvoyer la ques- ting modifications and consequently
tion à l'examen d'un comité. Le cito- of referring the question to the ex-
yen Louvet a confondu ici deux choses amination of a committee. Citizen
très distinctes: le principe général et Louvet has here confused two very
la demande que vous fait Montes- distinct matters: the general principle,
quiou de lui donner un plan de con- and the request which Montesquiou
duite pour la circonstance particulière has made to you to give him a plan
où il se trouve.
of conduct for the particular circum-
stance in which he finds himself.
Sans doute, nous ne devons porter Doubtless we should not infringe
atteinte à la liberté d'aucun peuple, on the liberty of any people, but the
mais la nation française a déjà fait la French nation has already made a
déclaration solennelle de ce principe; solemn declaration of this principle;
il ne s'agit maintenant que de son ap- it is now a question only of its appli-
plication. Or, nous n'avons point à cation. But it is not for us to decide
décider ce que la Convention jugera as to what the Convention will judge
convenable à l'égard du peuple de Sa- suitable regarding the people of Sa-
voie, dont les regards se sont tournés voy, whose eyes are turned towards
vers la liberté. Cette question méri- liberty. This question
This question deserves a
tera une discussion particulière et je special discussion and I ask that it be
demande le renvoi au comité diplo- referred to the Diplomatic Commit-
matique.
tee.
Mais il est nécessaire que la Con- But it is necessary that the Con-
vention détermine ce que le pouvoir vention shall decide what the execu-
exécutif et le général Montesquiou tive power and General Montesquiou
peuvent faire dans la circonstance ac- can do under the present circum-
tuelle. Je demande d'abord l'impres- stances. I ask first that the letter be
SAVOY AND NICE, 1792-3
277
sion de la lettre, l'envoi aux départe- printed, sent to the departments and
ments et le renvoi au comité diplo referred back to the Diplomatic Com-
matique, pour vous présenter, sur ce mittee which shall report to you as
dernier objet, ce qui sera nécessaire. to what will be necessary regarding
the last point.
DANTON. Quoique je reconnaisse DANTON. Although I recognize
le principe par lequel tous les peuples the principle according to which all
ont le droit de choisir le gouvernement peoples have the right to choose the
qui leur est propre, je ne suis pas de government most suitable to them, I
l'avis de l'antepréopinant par rapport am not of the opinion of the speaker
aux conséquences qu'il en a tirées et before the last regarding the conclu-
j'appuie la proposition de renvoi au sions which he has drawn from it and
comité avec d'autant plus de raison I support the proposition to refer it
que le principe qu'on vient d'énoncer
to the committee all the more because
paraît peut-être susceptible de quel- the principle which has been enun-
que restriction.
ciated appears to be possibly suscep-
tible of some restrictions.
En même temps que nous devons I declare that although we should
donner aux peuples voisins la liberté, give liberty to neighboring peoples,
je déclare que nous avons le droit de we have the right to say to them:
leur dire: “Vous n'aurez plus de "You shall have no more kings,
rois; (Mouvements divers) car tant (sensation) for so long as you are
que vous serez entourés de tyrans, leur surrounded by tyrants, their coalition
coalition pourra mettre votre propre may place your own liberty in dan-
liberté en danger.” Les Français ne ger.” The French people should not
doivent donc pas souffrir que les peu- suffer the peoples who aspire to
ples qui aspireront à la liberté, se don- liberty to give themselves, neverthe-
nent néanmoins un gouvernement con- less, a government contrary to their
traire à leurs intérêts et, qu'en se cré- interests, and in creating kings for
ant des rois, ils nous fournissent sans themselves
furnish themselves
cesse de nouveaux tyrans à combat- ceaselessly with new tyrants to strug-
tre. (Murmurs.) En nous dépu- gle against.
gle against. (Murmurs.) In send-
tant ici, la nation française a créé un ing us here as their deputies, the
grand comité d'insurrection générale French nation has created a great
des peuples contre tous les rois de committee of general insurrection of
l'univers. (Applaudissements dans
the peoples against all the kings of the
les tribunes.)
universe. (Applause in the gal-
leries.)
Remplissons notre mission, muris- Let us fulfil our mission, let us al-
sons le principe et ne précipitons pas low the principle to mature and let us
nos décisions. En un mot, je de- not rush into decisions. In a word,
to
278
DOCUMENTS
mnande qu'en appelant les peuples à la I propose that in calling the peoples to
conquête de la liberté, la Convention the conquest of liberty, the Conven-
leur propose tous les moyens de re- tion shall propose to them every
pousser la tyrannie sous quelque forme means of repulsing tyranny, under
qu'elle se présente et c'est pourquoi whatever form it may present itself,
j'appuie le renvoi au comité diplo- and that is why I support the motion
matique. (Applaudissements.) to refer the matter to the Diplomatic
Committee. (Applause.)
Plusieurs inenibres: La discussion Several Members: Close the dis-
ferinée !
cussion!
(La Convention ferme la discus- (The Convention closes the discus-
sion, décrète l'impression et l'envoi sion, decrees that the letter of General
aux départements et aux armées de Montesquiou and the documents ac-
la lettre du général Montesquiou et companying it be printed and sent to
des pièces qui l'accompagnent, enfin the departments and to the armies,
renvoie les pièces au comité diplo- and that the documents be then sent
matique, en chargeant ce comité de back to the Diplomatic Committee;
lui faire incessamment un rapport sur instructing the committee to report to
la manière dont le général Montes- it at once regarding the manner in
quiou doit se conduire en Savoie.) which. General Montesquiou should
conduct himself in Savoy.)
Proclamation of the Commissioners sent by the National Convention to the
Army of the Alps. October 6, 1792 1
A Chambéry, le 6 octobre 1792, l'an Chambéry, October 6th, 1792, Year I
1er de la République française.
of the French Republic.
Les commissaires de la Convention The Commissioners of the National
nationale de France, au peuple sa-
Convention of France to the Sa-
voisien.
voyard People.
FRÈRES ET AMIS,
BROTHERS AND FRIENDS :
Vous avez vu, par le manifeste du You have seen, by the manifesto
général Montesquiou, les justes motifs of General Montesquiou, the just mo-
de la République française pour re- tives of the French Republic for push-
pousser loin de ses frontières les satel- ing the despots of Turin far back
lites du despots de Turin. Le sol que from their frontiers. The soil which
vous habitez, esclave il y a huit jours, you inhabit, a week ago enslaved, is
est libre aujourd'hui; et depuis le lac today free: and from the Lake of
1 Arch. parl., 1st series, vol. 52, p. 468.
SAVOY AND NICE, 1792–3
279
server.
de Genève jusqu'au Mont-Cenis, les Geneva as far as the Mont-Cenis, the
Piémontais ont disparu.
Piedmont troops have vanished.
Vous avez recouvré vos droits, You have recovered your rights,
ces droits imprescriptibles des peu- those imprescriptible rights of the
ples qui, seuls, sont souverains. peoples, who alone are sovereign.
L'unique prix que la France attend The sole price which France expects
des sacrifices qu'elle a faits pour vous
from the sacrifices which she has
les obtenir, c'est de vous en voir jouir made to obtain these rights for you,
dans toute leur plénitude; c'est de vous is to see you in the enjoyment of them
voir employer les moyens de les con- in all their amplitude; it is to see you
employing the means to preserve
them.
Les généraux français, pour vous The generous French people, in
garantir des désordres que pouvaient order to guarantee you from the dis-
exciter quelques malveillants, ont orders which might be excited by
sagement décidé que les autorités éta- some evil doers, have wisely decided
blies continueraient l'exercice de leurs that the established authorities should
fonctions jusqu'à ce qu'elles fussent continue to exercise their functions
remplacées par des autorités légitimes, until they are replaced by the legiti-
celles qui émanent directement du mate authorities, namely those ema-
choix et de la volonté du peuple. nating directly from the choice and
the will of the people.
Sortez donc de votre léthargie; Awake from your lethargy; you
vous ne devez aux Français que de owe to France only esteem and grati-
l'estime et de la reconnaissance; vous tude; you have nothing more to fear
n'avez plus à redouter les Piémontais; from the Piedmont troops; and while
et pendant que nos armées veilleront our arms are keeping watch over your
à votre sûreté, occupez-vous d'assurer safety, occupy yourselves with ren-
votre liberté.
dering your liberty secure.
Si vous voulez rester sous le joug If you wish to remain under the
de vos anciens préjugés, vous êtes les yoke of your former prejudices, you
maîtres; les Français, en vous plai- are the masters; the French, while de-
gnant, respecteront jusqu'à votre aveu- ploring, will respect even your blind-
glement, et ne s'occuperont que de leur ness, and will occupy themselves only
Si vous voulez un with their own safety. If you wish
gouvernement libre, fondé sur l'éga- free government, founded
lité des droits de tous les citoyens sans equality of rights of all citizens, with-
distinction, nous vous jurons, au nom out distinction, we shall swear to you,
de la nation française, paix et alliance in the name of the French nation,
éternelle.
peace and eternal alliance.
Mais, quelle que soit votre vo- But, whatever your will may be.
propre sûreté.
а.
on
280
DOCUMENTS
as
lonté, nous ne pouvons la reconnaître we can recognize it only in the people
que dans le peuple assemblé, en pre- assembled, casting its vote by ma-
nant son veu à la majorité.
jority
Des républicains tels que nous, ne Republicans such we pride
s'enorgueillissent que du bien qu'ils themselves only on the good which
font: fiers du succès de nos armes, they do; proud of the success of our
nous pourrions vous donner des or- arms, we might give you orders; but
dres; mais la République française a the French Republic has effaced from
effacé de ses annales les mots de roi, its annals the words ‘king,' ' master'
de maitre et de sujets; elle ne voit que and subjects'; it sees only brothers
des frères dans les peuples qui ont des in the peoples who have relations with
rapports avec elle, et nous ne vous them, and, in its name, we give you
donnerons, en son nom, que des con-
counsel only.
seils.
Les assemblées primaires sont les The primary assemblies are the
seules où le peuple puisse exercer sa only ones in which the people can
souveraineté.
exercise their sovereignty.
Nous exhortons donc les Savoi- We, therefore, exhort the free
siens libres, aujourd'hui sous l'égide Savoyards, to-day under the aegis of
des armes françaises, à se réunir pai- French arms, to meet peaceably and
siblement et sans armes, dans chaque unarmed in each commune, in order
commune, à l'effet de nommer un dé- to name a deputy charged with the
puté chargé d'exprimer leur væu dans expression of their wish, in a general
une assemblée générale pour l'organi- assembly, for the organization of a
sation d'un nouveau gouvernement. new government.
Pour que la paix règne, et que la In order that peace may reign,
raison triomphe de tous les intérêts and that reason may triumph over
personnels, nous transcrivons ici l'im-
all personal interests, we here tran-
mortelle déclaration des droits, base scribe the immortal Declaration of
du gouvernement dont les Français Rights, the basis of government
vont donner le modèle à l'Europe, et which the French people wish to give
successivement au monde entier. as a model to Europe and, in turn,
to the entire world.
Peuple savoisien, étudiez les prin- People of Savoy, study the im-
cipes immuables, et vous verrez que niutable principles, and you will see
ces prétendus factieux qui ont abattu that these alleged factious ones who
tous les préjugés, triomphé de toutes have fought against all prejudice,
les conspirations, et bravé la fureur de triumphed over all conspiracies, and
tous les partis, pour dissiper les er- braved the fury of all parties, in order
reurs de tant de siècles, et ramener to dissipate the errors of so many
leurs concitoyens aux bases de la jus- centuries, and to lead their fellow
SAVOY AND NICE, 1792-3
281
tice éternelle, ne sont pas des brigands, citizens to the bases of eternal justice,
comme vous l'avaient insinué nos mé-
are not brigands, as has been insinu-
prisables fugitifs; mais des hommes ated in your ear by our contemptible
qui se sont élevés à la hauteur de leur fugitives, but men, who are elevated
dignité, et qui méritent autant votre in the pride of their dignity and who
estiine que votre confiance.
merit your esteem and confidence.
Signé: DUBOIS-CRANCÉ GAS- (Signed) DUBOIS-CRANCÉ - GAS-
PARIN — J.-P. LACOMBE-SAINT-MI-
J.-P. LACOMBE-SAINT-MI-
CHEL — SIMOND.
SIMOND,
PARIN
CHEL
Formal Minute of the Vote of the Communal Assembly of Mouthiers. Octo-
ber 11, 17921
L'an 1792, le onze d'octobre, l'an In the year 1792, on the eleventh
IV de la Liberté et le 1er de l'Egalité, day of October, the Fourth Year of
sur les dix heures du matin, à Moû- Liberty and the First of Equality, at
tiers dans l'église métropolitaine de six o'clock in the morning at
Saint-Pierre, la Nation française Mouthiers, in the church of Saint-
venant d'occuper par la force des Pierre, the French nation having oc-
armes tout le territoire du duché de cupied by force of arms all the ter-
Savoie, et cette même Nation invitant ritory of the Duchy of Savoy, and
à forme de manifeste de Messieurs les this same nation, by a manifesto of
députés de la Convention Nationale du the deputies of the National Con-
6 du courant, que chaque commu- vention of the 6th of the current
nauté forme des assemblés primaires month, having invited each com-
pour l'election d'un député chargé munity to form in primary assembly
d'exprimer son veu dans une assem- to elect a deputy, charged with the
blée générale de toutes les conimunes function of expressing its wish in a
pour l'organisation d'un nouveau general assembly of all the communes,
gouvernement, vu que l'ancien doit in order to organize a new govern-
cesser, la communauté de Moûtiers ment, as the former one must cease;
riére (sic) laquelle ledit manifeste a the Commune of Mouthiers, in whose
été lu, publié et affiché aux lieux et à
presence the said manifesto has been
la manière accoutumée en ayant ouï la read, published and posted in the ac-
lecture et ayant considéré qu'il est ur- customed places and manner, having
gent de prendre des déterminations qui heard it read and having decided that
préviendront les effets funestes de 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 Moûtiers, Registre des déliberations No. VII (de 1792 à l'an IV), folio 2.
o
282
DOCUMENTS
l'anarchie et dissiperont la perplexité cision in order to prevent the fatal
où sont les citoyens, a fait avertir par effects of anarchy and to dissipate the
le son de la cloche, tant hier que ce perplexity of the citizens, has given
matin, et par les avis qu'elle a fait notice both yesterday and this morn-
communiquer, qu'aujourd'hui il y au- ing by means of a bell, and by the
rait une assemblée générale de tous les announcements which have been
habitants de cette communauté, et le made, that to-day there would be a
peuple se trouvant en conséquence general assembly of all the inhabit-
réunie dans l'église métropolitaine de ants of this community; and the
Saint-Pierre, lieu fixé pour cet effet, people finding themselves, conse-
et en nombre excédent les deux tiers quently, assembled in the church of
ainsi qu'il l'a affermé, il a été de nou- Saint-Pierre, the place appointed for
veau fait lecture du manifeste et tous this purpose, and exceeding in num-
ont convenu que les circonstances ber the two-thirds, as has been stated,
exigent impérieusement une assemblée the manifesto was again read and
générale des communes de la Savoie, all agreed that the circumstances
et ils ont ensuite délibéré par acclama- imperatively called for a general as-
tion que, eu égard au trop grand nom- sembly of the communes of Savoy,
bre de citoyens assemblés, la délibéra- and they have thereupon deliberated
tion se fera aussi par acclamation, by acclamation that, by reason of the
qu'elle n'exigera d'autres signatures too great number of citizens as-
que celles des maires, du secrétaire de sembled, the deliberation shall be also
la municipalité et des deux secrétaires by acclamation, that no other signa-
adjoints. . . . Et, sur la proposition tures are needed than those of the
sur le choix du gouvernement, tous les Mayors, the Secretary of the Munici-
citoyens assemblés ont unanimement pality and the two Assistant-secre-
délibéré et par acclamation qu'ils dé-
taries. . . And, regarding the ques-
siroient former partie intégrante de
tion as to the choice of government,
l'Empire français avec lequel ils vou-
all the citizens assembled decided
loient être toujours unis, et s'étant unanimously and by acclamation that
déterminés à élire un représentant, les they desired to form an integral part
citoyens assemblés ont député par ac- of the French Empire with which
clamation et unanimement M. Joseph they wished to be forever united, and
Abondance, médecin, et en cas qu'il having decided to elect a representa-
soit empesché ils ont député M. Mi- tive, the assembled citizens elected M.
chel Gumery et, à son défaut M. Joseph Abondance, physician, unani-
Benoit Fontanel, tous deux hommes 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.
de loy.
SAVOY AND NICE, 1792-3
283
Lesdits citoyens donnent pouvoir
The said citizens by these presents
par le présent aux-dits députés et sup- empower the said deputies and sub-
pléants de se rendre à Chambéry le 21 stitutes to repair to Chambéry on the
du courant pour assister à l'assemblée 21st of the current month and to take
générale des communes qui s'y tien- part in the general assembly of the
dra dans l'église paroissiale y délibérer communes, which is to be held in the
sur ce qu'il convient de faire dans les parish church to deliberate concerning
circonstances sur la forme du Gou- what should be done under the cir-
vernement qu'il convient à la Nation cumstances regarding the form of
de choisir et d'adopter en leur nom; government which it may please the
enfin pour y discuter sur les intérêts nation to choose and to adopt in their
de la patrie et prendre toutes les pré- name; and finally to discuss the inter-
cautions convenables pour la sûreté ests of the country and to take all suit-
et tranquillité des citoyens et la con- able precautions for the safety and
servation de leurs propriétés.
tranquillity of the citizens and the
preservation of their property.
Lesdits députés auront, ainsi qu'on The said deputies are also endowed
leur confère par le présent, un pou- by those present with unlimited power
voir illimité pour la décision de tous for the decision of all questions which
les cas que les circonstances feront may arise except that of union with
naître sauf pour celui d'unir à l’Em- the French Empire, as has been de-
pire français tel qu'il a été délibéré cy- liberated above. The present delib-
devant. La présente délibération a eration has been read in its entirety
été lue dans son entier à tous les cito- to all the citizens, who have again, by
yens qui l'ont de nouveau approuvée acclamation, approved it in all its con-
par acclamation dans tout son con-
tents. (Signed) DUPLAN, BÉ-
tenu, &c. . . . Signé: les syndics RARD, &c., &c., Syndics.
DUPLAN, BÉRARD, &c., &c.
First Draft Decree Reported by the Diplomatic Conimittee, Regarding the
Conduct to be prescribed to the French Generals in Enemy Countries.
October 24, 1792 1
La Convention nationale, après The National Convention, having
avoir entendu le rapport de son comité heard the report of its Diplomatic
diplomatique, presévérant dans la re- Committee, persevering in the renun-
nonciation aux conquêtes, consacrée ciation of conquests, which has been
1 Arch. parl., vol. 52, p. 651, et seq. Consideration of this draft was adjourned, and the
decree adopted on December 15 was substituted. See post, page 306.
284
DOCUMENTS
par la nation française; invariable- consecrated by the French nation; de-
ment décidée à ne jamais méconnaître cided without exception to never dis-
le principe éternel et sacré de la sou- own the eternal and sacred principle
veraineté des peuples; jalouse de dis- of the sovereignty of the peoples;
siper toutes les inquiétudes que la zealous of dissipating all the alarm
présence des armées françaises pour- to which the presence of the French
rait faire concevoir; considérant la arms might give rise; in view of the
nécessité de prescrire aux généraux necessity of prescribing to the generals
des règles de conduite qui préviennent rules of conduct which should provide
toute atteinte à la liberté des peuples against any infringement on the
chez lesquels ils ont porté ou porte- liberty of the peoples to whom they
ront à l'avenir les armes de la Ré- have carried, or shall in the future
publique, décrète ce qui suit:
carry, the arms of the Republic, de-
crees the following:
Art. 1"'. Dans tous les pays où ARTICLE 1. In all the countries
pénétreront les armées françaises, les where the French armies shall pene-
généraux feront respecter la sûreté trate, the generals shall cause the
des personnes et des propriétés, et l'in- safety of persons and of property
dépendance des opinions.
and the independence of opinions to
be respected.
ART. 2. Les généraux français
Art. 2. The French generals may
pourront adresser aux peuples dont ils address to the people whose territory
occuperont le territoire, les proclama- they shall occupy, such proclamations,
tions, instructions et invitations néces- instructions and invitations as are
saires pour les porter à se donner un necessary to lead them to give them-
gouvernement libre; mais ils ne pour- selves a free government; but they
ront, ni les inviter à adopter les lois shall neither invite them to adopt
françaises, ni leur proposer telle autre French laws nor propose to them any
forme de gouvernement.
other form of government.
ART. 3. La Convention nationale ART. 3. The National Convention
défend expressément aux généraux de expressly forbids the generals of the
la République de prendre possession Republic to take possession of any
d'aucun territoire au nom de la na- territory in the name of the French
tion française.
nation.
ART. 4. En entrant en pays en- ART. 4. On entering enemy terri-
nemi, les généraux feront proclamer, tory, the generals shall proclaim in
au nom de la nation française, que le the name of the French nation, that
pays est affranchi de la domination de the country is liberated from the
son ci-devant souverain, et libre de se dominion of its former Sovereign,
donner, sous la protection des armes and free to give itself, under the pro-
de la République, telle organisation tection of the armies of the Republic,
SAVOY AND NICE, 1792–3
285
provisoire, et telle forme de gouverne- such provisional organization and
ment qu'il lui plaira d'adopter. such form of government as it shall
be pleased to adopt.
ART. 5. Les
Les généraux français ART. 5. The French generals at
actuellement en pays ennemi feront present in enemy territory shall make
faire la même proclamation.
the same proclamation.
Art. 6. Le comité diplomatique Art 6. The Diplomatic Commit-
présentera incessamment un projet tee shall without delay present a pro-
d'adresse aux peuples, sur l'exercice posal for an address to the peoples,
de leur souveraineté. Les généraux on the exercise of their sovereignty.
seront tenus de la faire promulguer The generals shall be obliged to
dans tous les pays où ils entreront. 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. November
4, 1792 1
Adresse à la Convention nationale. Address to the National Convention,
Séance du 21 octobre 1792, 7 heures Session of October 21, 1792, at 7
du soir, l'an 1er de la République P. M., Year 1 of the French Re-
française
public
LEGISLATORS:
Les corps administratifs provi- The Provisional Administrative
soires de la ville et ci-devant comté de Bodies of the City and the former
Nice, en permanence, réunis à la mai- County of Nice, in session at the
son commune, considérant que le plus communal hall, considering that the
précieux bien pour l'homme est de most precious possession of mankind
vivre libre, offrent à la République is to live free, offer to the French Re-
française l'hommage pur de leur re- public the pure homage of their
connaissance à cause de leur affran gratitude for their deliverance. Since
chissement. Depuis l'arrivée des the arrival of the French in their
Français dans leur pays, le drapeau country, the flag of liberty decorates
de la liberté décore toutes les places all public places. Before September
publiques. Avant le 29 septembre, 29, this liberty was concentrated in
cette liberté était concentrée dans their hearts; they are aware of its
LÉGISLATEURS,
1 Arch. parl., 1st series, vol. 53, p. 146.
286
DOCUMENTS
a
we
leurs cæurs; ils en sentent'tout le prix. value.
value. Delivered from the tyrant .
Délivrés du tyran qu'ils abhorrent, whom they abhor, they swear to you,
ils vous jurent, Français, qu'élevés par Frenchmen, that, elevated by you to
vos soins à toute la dignité d'hommes, the dignity of manhood, they will
ils sauront soutenir les droits impre- know how to preserve the impre-
scriptibles de la nature et s'ensevelir scriptible rights of nature and to
sous les cendres et les ruines de leur perish under the ashes and ruins of
pays, plutôt que de cesser d'êtres li- their country sooner than cease to be
bres.
free.
Nous avons juré de vivre libres We have sworn to live free or to
ou de mourir; nous attendons de vous die; we await from you the verdict
la vie ou la mort; hâtez-vous de pro- of life or death; make haste to
noncer notre aggrégation à la Répub- pronounce our union with the French
lique française; nous vous disons avec Republic; we say to you with that
cette franchise qui convient à un peu- frankness which becomes free
ple libre, que si notre prière d'être people, that if our prayer to be French
Français n'êtait pas accueillie, nous is not accepted,
shall never
ne transigerions jamais avec nos per- compromise with our
our persecutors,
sécuteurs, et nous embrâserions plu- that sooner than that we would burn
tôt toutes nos possessions dans cette all our possessions in this land of
terre de proscription, pour aller vivre proscription, in order to go to live
dans la terre de la liberté que vous
free in the land of liberty which you
.habitez.
inhabit.
Nous députons vers vous deux We send to you, as deputies, two
citoyens recommendables par leur pa-
citizens eminent for their patriotism.
triotisme, ils vous exprimeront avec They will describe to you with what
quelle impatience les citoyens de cette impatience the citizens of this im-
importante contrée attendent la nou- portant country await the tidings of
velle de leur adoption à leur primitive their adoption by their original
patrie, la République française, dont mother country, the French Republic,
ils n'auraient jamais dû être séparés. from which they should never have
been separated.
Signé: PAUL BARRAS, president; (Signed) PAUL BARRAS, Presi-
LOUIS SALVY, CAUVIN, CHABAUD, dent; Louis Salvy, CAUVIN, CHA-
LECLERC, GIACOBI, maire; MOUQUIN, BAUD, LECLERC, GIACOBI, Mayor;
DEFLY, LEVI l'âiné, HERAUD, VEIL- MOUQUIN, DEFLY, LEVI the elder;
LON, ANDRÉ, FARANDY, JEAN-BAP- HERAUD, VEILLON, ANDRÉ, FARANDY,
TISTE GROSSON, LOUIS SAINT-PIERRE, JEAN-BAPTISTE
LOUIS
DAVID MOÏSE, ANDRÉ GASTAUD, SAINT-PIERRE, DAVID MOÏSE, ANDRÉ
DOMINIQUE BLANQUI, PIERRE-HO-
DOMINIQUE BLANQUI,
GROSSON,
GASTAUD,
SAVOY AND NICE, 1792-3
287
NORÉ ROASSAL, VICTOR TIRANTY, PIERRE-HONORÉ ROASSAL, VICTOR
BERNARDIN
CLEVECY,
BERNADIN CLEVECY, ASDA, JAUME, TIRANTY,
procureur de la commune.
Asda, JAUME, Procurator of the
Commune.
DAVID. Je demande qu'au nom de DAVID I move that, in the name
la nation française le président de la of the nation, the president of the
Convention donne le baiser fraternel Convention give a fraternal kiss to
aux deux députés citoyens de Nice. the two citizen deputies from Nice.
(La Convention décrète cette mo- (The Convention decrees this mo-
tion au milieu des applaudissements tion in the midst of applause which is
qui se prolongent pendant tout le prolonged during the entire time of
temps de l'exécution du décret.) the carrying out of the decree.)
(Les deux députés prennent ensuite (The two deputies thereupon take
place à côté du président.)
their places by the side of the presi-
dent.)
(La Convention décrète alors qu'il (The Convention then decrees that
sera fait mention de tous ces faits dans all these acts shall be mentioned in the
son procès-verbal dont expédition sera formal minute, a copy of which shall
envoyée aux citoyens des villes et be sent to the citizens of the town and
comté de Nice. Elle ordonne, en ou- county of Nice. It further orders
tre, que l'adresse des citoyens de Nice that the address of the citizens of
et la réponse de son président seront Nice and the reply of its president
imprimées et envoyées aux 83 dé- shall be printed and sent to the eighty-
partements et aux armées.)
three departments and to the armies.)
LEQUINIO. Je demande qu'il soit LEQUINIO. I move that the wish
fait droit à l'instant au veu des cito- of the citizens of Nice be acted upon
yens de Nice.
at once.
BARÈRE DE VIEUZAC. J'applaudis BARÈRE DE VIEUZAC. I applauded
avec un vif intérêt à la réception fra- with lively interest the fraternal re-
ternelle des députés du ci-devant ception of the deputies of the former
comté de Nice, et j'ai partagé votre county of Nice, and I shared your
empressement à accueillir leur de-
eagerness to take up their request for
mande en réunion à la République union with the French Republic.
française. Mais il est une observa- But there is one observation which
tion que je crois digne de votre re- I think worthy of your respect for the
spect pour la souveraineté des peuples; sovereignty of peoples; it is that,
c'est qu'avant de s'occuper de l'acces- before concerning ourselves with the
sion, de la réunion d'un peuple à un accession, with the union of one
autre, il est essentiel, il est nécessaire people with another, it is essential,
288
DOCUMENTS
d'avoir son
veu expressément et it is necessary, to have their expressed
librement émis. Or, ce qu'on a lu à and freely uttered wish. Now what
cette tribune, n'est que le vou des has been read at this tribune is only
députés des administrations provi- the desire of the deputies of the
soires de ce pays. Mais, d'après provisional administrative bodies of
vous-mêmes, les administrateurs ne that country. But, according to you
sont pas des représentants, et ne peu- yourselves, administrators are not
are
vent pas émettre le vœu des adminis-
representatives and cannot utter the
trés. Sans doute les citoyens du pays wishes of those for whom they ad-
de Nice sont dignes de la liberté, ministrate. Doubtless the citizens of
puisqu'ils abhorrent comme nous la the country of Nice are worthy of
noblesse et la royauté. Ainsi, avant liberty, since they, like us, abhor
de délibérer sur la réunion, que le nobility and royalty. So, before de-
peuple prononce, que le souverain liberating upon the union, let the
émette son væu; et le souverain n'est people pronounce, let the sovereign
que dans les assemblées primaires, il express his wish; and the sovereign
n'est que là.
dwells only in the primary assemblies,
he is there only. ...
Je demande, en conséquence, que I demand, consequently, that the
la Convention nationale déclare qu'elle National Convention declare that it
ne peut délibérer sur la réunion de- can deliberate upon the union asked
mandée par les députés des adminis- by the deputies of the former county
trations provisoires du ci-devant of Nice only after having learned the
comté de Nice, qu'après avoir connu express wish of the people.
le veu exprès du peuple.
DELACROIX. J'appuie la proposi- DELACROIX. I support the propo-
tion de Barère, mais en attendant je sition of Barère, but in the meantime
demande le renvoi de l'adresse au I move that the address be sent to the
Comité diplomatique.
Diplomatic Committee.
(La Convention ferme la discus- (The Convention closes the discus-
sion et déclare qu'elle ne peut délibérer
sion and declares that it can not de-
sur la demande en réunion présentée liberate upon the demand for union
par les députés des administrations presented by the deputies of the
provisoires du ci-devant comté de provisional administrations of the
Nice, qu'après avoir connu le vou former county of Nice, except after
exprès du peuple, émis librement dans learning the express wish of the
les assemblées primaires. Elle ren- people, freely uttered in primary as-
voie, en attendant, l'adresse au Comité semblies. In the meantime, the ad-
diplomatique.)
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 1
Les citoyens Doppet, Favre, Des- Citizens Doppet, Favre, Dessaix
saix et Villar, députés du peuple Sa- and Villar, deputies of the Savoyard
voisien, se présentent à la barre. people, present themselves at the
bar.
Le citoyen DOPPET, lieutenant- Citizen DOPPET, Lieutenant-Colonel
colonel de la Légion allobroge et ora- of the Legion of the Allobroges and
teur de la députation, s'exprime ainsi: spokesman for the deputation, ex-
presses himself as follows:
Représentants de la République Representatives of the
the French
française, nous avons été chargés par Republic, we have been charged by
l'Assemblée nationale des Allobroges the National Assembly of the Allo-
d'apporter le vœu de tous les Savoi- broges with the duty of carrying the
siens à la Convention nationale de vote of all the Savoyard people to the
France. Nous avons été en même National Convention of France. We
temps chargés par tous nos commet- have at the same time been instructed
tants de vous exprimer les sentiments by all our constituents to express to
de reconnaissance dont ils sont péné- you the sentiments of gratitude which
trés envers la nation française, pour they feel towards the French nation,
le bienfait, ou plutôt (car c'est un for the benefit, or rather (for it is a
bienfait au-dessus de tous les autres) benefit above all others) for the lib-
pour la liberté qu'elle leur a apportée. erty which it has brought to them.
Dès que nous avons pu émettre notre Since giving expression to our wish,
vau, nous avons renversé d'un seul
we have with one stroke overthrown
coup le despotisme royal et la domina- royal despotism and ultramontane
tion ultramontaine. Le peuple savoi- domination. The people of Savoy
sien a exercé spontanément son droit have spontaneously exercised their
de souveraineté. Dès que les troupes right of sovereignty. As soon as the
françaises se furent retirées pour se French troops had retired towards
porter vers Genève, on convoqua une Geneva, a general popular assembly
assemblée générale du peuple. Toutes was convoked. All the communes, to
les communes, au nombre de 655, the number of 655, were assembled
furent
spontanément
assemblées. spontaneously. They first expressed
Elles émirent d'abord leur vau pour their wish for union with France; fur-
la réunion à la France; mais outre thermore, each of them elected a dep-
cela, elles nommèrent chacune un uty to repair to the General Assembly,
député pour se rendre à l'assemblée which was to meet at Chambéry on the
1 Arch. parl., 1st series, vol. 53, p. 506.
290
DOCUMENTS
générale, qui eut lieu à Chambéry, le 21st of October last. At the first ses-
21 octobre dernier. Dans la pre- sion of this assembly of the deputies
mière séance de cette assemblée gé- of the Savoyard people, the powers
nérale des deputés du peuple savoisien, which they had received from their
on vérifia les pouvoirs qu'ils avaient respective communes were verified.
reçus de leurs communes respectives. Here is the formal minute of the sec-
Voici le procès-verbal de la seconde ond session, which will make known
séance, qui fait connaître quel est le what is the wish of all the communes
veu de toutes les communes des Allo- of the Allobroges.
broges.
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.
The session was opened at 9 A. M.
EUSTACHE MONACHON, président EUSTACHE MONACHON, president
d'âge, occupe le fauteuil.
by virtue of seniority, occupies the
chair.
La séance a été ouverte par la The session is opened with the read-
lecture du procès-verbal de la précé- ing of the formal minutes of the pre-
dente. On a fait successivement à la vious session. The reports of the
tribune lecture des rapports des com-
commissioners of each committee on
missaires de chaque bureau sur la the verification of powers, which has
vérification des pouvoirs à laquelle ils been begun the day before, are read
avaient procédé la veille.
in turn from the tribune.
De ces divers rapports, il résulte From these several reports it re-
que, dans la province de Carouge, sults that, in the Province of Car-
composée de 64 communes, 42 ont rouge, composed of sixty-four com-
voté pour la réunion à la République munes, forty-two have voted for
française dans les pouvoirs qu'elles union with the French Republic in
ont remis à leurs députés; que 21 ont the powers which they have given
donné des pouvoirs illimités à leurs to their deputies; twenty-one have
députés, et qu'une seule n'a pas fait given to their deputies unlimited
connaître ses sentiments. Toutes les powers, and one only has failed to
communes de la province de Chablais, make known its sentiments. All the
au nombre de 95, ont unanimement communes of the Province of Chab-
manifesté, dans les pouvoirs remis à lais, to the number of ninety-five,
leurs députés, leurs désirs d'être ré- have unanimously shown, in the pow-
SAVOY AND NICE, 1792-3
291
unies à la nation française; la ma- ers given to their deputies, their
jorité de ces députés avaient des pou- desire to be united to the French na-
voirs illimités. Celles de la province tion; the majority of these deputies
de Faucigny, au nombre de 79, ont had unlimited powers. Those of the
toutes, dans leurs pouvoirs, émis le Province of Faucigny, to the number
vou d'être réunies à la nation fran- of seventy-nine, have all expressed in
çaise, pour en faire partie intégrante. their powers the wish to be united to
Les 116 communes de la province du the French nation, in order to form
Genevois ont toutes chargé leurs an integral part of it. The 116
députés de demander l'incorporation communes of the Province of
à la nation française; la très grande Genevois have all instructed their
majorité a donné à ses députés le pou- deputies to ask for incorporation in
voir de représenter, délibérer et ar- the French nation; the great majority
rêter tout ce qui serait utile pour le have given their deputies the power
bien public et pour l'établissement de of representation, deliberation and
la liberté et de l'égalité savoisienne. decision as to all matters for promot-
Les communes de la province de Mau- ing the public welfare and the estab-
rienne qui sont au nombre de 65, ont lishment of liberty and equality in
toutes manifesté, dans leurs pou- Savoy. The communes
of the
voirs donnés à leurs députés, leurs Province of Maurienne, which num-
désirs d'être réunies à la République ber sixty-five, have all, in the powers
française, sauf celles de Lansvillard, given to their deputies, manifested
Bessan et Bonneval, qui n'ont pu their desire to be united with the
faire connaître leurs voeux, lors des French Republic, with the exception
assemblées des communes, parce que of those of Lansvillard, Bessan and
leur territoire était encore occupé par Bonneval, which were not able to
des soldats piémontais. Des 204 make their wishes known, at the time
communes qui composent la province of the communal assemblies, because
de Savoie, une seule a émis son vau their territory was still occupied by.
pour former une république particu- Piedmontese soldiers. Of the 204
lière; les autres ont exprimé leur vou communes of which the Province
de réunion à l'Empire français. Des of Savoy is composed, one only has
62 communes formant la province de expressed a wish to form an inde-
Tarentaise, treize ont voté pour l'in- pendent republic; the others have ex-
corporation à la République française; pressed their wish for union with
les autres avaient toutes donné, par the French Empire. Of the sixty-
leurs mandats à leurs députés, le pou- two communes forming the Province
voir de choisir et adopter pour elles of Tarentaise, thirteen have voted for
le gouvernement que l'assemblée des incorporation with the French Re-
députés jugerait le plus convenable à public, the others had all, in the man-
la nation savoisienne.
dates to their deputies, given them the
292.
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.
La lecture de ces rapports a été The reading of these reports was
souvent interrompue par les applaudis- often interrupted by the applause of
sements de l'assemblée et des tribunes;
the Assembly and of the galleries;
ils ont été déposés sur le bureau. Il they were placed on the table. It
a été arrêté que les pouvoirs que was determined that the powers re-
chaque député avait reçus de sa com- ceived by each deputy from his com-
mune, y seraient également déposés mune should be likewise deposited, to
pour être conservés dans les Archives, be preserved in the archives and to
et servir éternellement de preuve de serve as a perpetual proof of the at-
l'attachement du peuple savoisien au tachment of the Savoyard people to
gouvernement républicain des Fran-
the republican Government of France.
çais.
Nous, président et secrétaires, dé- We, the President and Secretaries,
clarons le présent extrait conforme à declare that the present extract is an
l'original.
accurate copy of the original.
Signé: J. DECRET, président; F. (Signed) J. DECRET, President;
CHASTEL, F. FAVRE, GUMERY, HAC- F. CHASTEL, F. FAVRE, GUMERY,
QUIER, secrétaires.
HACQUIER, Secretaries.
En attendant que la Convention na- In waiting for the National Con-
tionale de France eût prononcé sur vention of France to pronounce on
notre demande, l'Assemblée nationale our request, the National Assembly
crut qu'il était important d'exercer believed that it was important to
promptement la souveraineté du peu- exercise promptly the sovereignty of
ple savoisien. Son premier décret fut the Savoyard people. Its first de-
l'abolition de la royauté. Elle pro- cree was the abolition of royalty. It
testa contre les soi-disant droits de la protested against all the pretended
ci-devant maison de Savoie; elle an- rights of the former House of Savoy;
nula tous ceux qu'elle pouvait encore it annulled all those which could still
réclamer; ensuite elle décréta une be claimed; it thereupon decreed an
adresse à la Convention nationale de address to the National Convention
France, dans laquelle sont exprimés of France, in which are expressed the
les sentiments de tous les Allobroges. sentiments of all the Allobroges.
Législateurs, on va vous en donner Legislators, this will now be read to
lecture.
you.
SAVOY AND NICE, 1792-3
293
,
LIBERTÉ, EGALITÉ
LIBERTY, EQUALITY
L'assemblée nationale des Allobroges, The National Assembly of the Allo-
à la Convention nationale de broges, to the National Convention
France.
of France.
Législateurs, le soleil bienfaisant “Legislators: the beneficent sun of
de la Liberté vient enfin, par ses liberty, has at last, by its gentle in-
douces influences, de dissiper les fluence, succeeded in dispersing the
nuages épais de la tyrannie et du des- thick mists of tyranny and despotism,
potisme qui infestaient notre atmo- which infested our atmosphere: our
sphère: nos tyrans, aussi lâches qu'ils tyrants, as cowardly as they have been
ont été cruels, n'ont pu soutenir l'as- cruel, have not been able to bear the
pect redoutable du drapeau tricolore; redoubtable sight of the tricolor flag;
ils ont fui, et pour jamais ont délivré they have fled, and have forever de-
de leur odieuse présence une terre trop livered from their odious presence a
longtemps abreuvée des maux émanés land too long overwhelmed with evils
d'un sceptre de fer. Les Savoisiens, arising from an iron sceptre. The
pénétrés de la reconnaissance la plus Savoyards, filled with the deepest
vive, prient l'auguste Assemblée d'en gratitude, request the august Assem-
recevoir les témoignages; nos hom- bly to receive the proofs thereof; our
mages, législateurs, ne sont pas dictés homage, Legislators, is not dictated
par ces organes corrompus de l'ancien by those corrupt organs of the old
régime: ce sont des hommes libres qui régime: these are free men who pre-
vous les présentent et qui sentent toute sent homage to you, and who feel all
la dignité de leur nouvelle existence. the dignity of their new existence.
Vous nous avez laissés les maîtres You have made us masters over
de nous donner des lois, nous avons our own lawmaking, we have acted.
agi. La nation savoisienne, après The Savoyard nation, having de-
avoir déclaré la déchéance de Victor- clared the deposition of Victor
Amédée et de sa postérité, la proscrip- Amadeus and his descendants, and
tion éternelle des despotes couronnés, the perpetual proscription of crowned
s'est déclarée libre et souveraine. despots, has declared itself free and
C'est du sein de cette Assemblée qu'est sovereign. It is from the bosom of
émis le vau unanime d'être réunis à this Assembly that the unanimous
la République française, non par une wish has been expressed to be united
simple alliance, mais par une union in- with the French Republic, not by a
dissoluble, en formant partie inté-
formant partie inté- simple alliance, but by an indissoluble
grante de l'Empire français.
union, forming an integral part of the
French Empire.
294
DOCUMENTS
а
“Législateurs, ce n'est point une Legislators, it is not an Assembly
Assemblée d'esclaves tremblants à of slaves trembling at the sight of the
l'aspect des fers qu'ils viennent de fetters which they have just dis-
quitter, qui vous supplient de la pren- carded, who beg you to take them
dre sous votre protection: c'est un under your protection: it is
souverain, admirateur de votre gloire, sovereign admiring your glory and
demandant à en faire réfléchir sur lui asking to have some rays of that
quelques rayons...
glory reflected on himself. . .
“Fait à l'Assemblée nationale des “ Done in the National Assembly of
Allobroges, séante à Chambéry, le 27 the Allobroges, in session at Cham-
octobre, l'an 1e' de la République. Léry, October 27, the Year I of the
Republic.
Signé: DOPPET, vice-président; (Signed) DOPPET, Vice-Presi-
FAVRE, secrétaire; VILLAR, membre dent; FAVRE, Secretary; VILLAR,
du coniité de rédaction."
Member of the editorial committee.'
nous
VILLAR. Citoyens,
allons VILLAR. Citizens, we shall now
maintenant vous faire connaître nos acquaint you with our powers. They
pouvoirs. Les voici :
are these :
POUVOIRS
POWERS
“L'Assemblée nationale des Allo- The National Assembly of the
broges donne pouvoir aux citoyens Allobroges empowers Citizens Dop-
Doppet, Favre, Dessaix et Villar, pet, Favre, Dessaix, and Villar, de-
qu'elle a députés auprès de la Conven- puted by it to the National Conven-
tion nationale des Français, et aux tion of France, and Citizens Gumery,
citoyens Gumery, Bard et Balmain, Bard and Balmain, their substitutes in
leurs suppléants, en cas d'empêche- case of inability to serve, to present
ment, de lui présenter l'adresse qui to the Convention the address which
lui sera remise et de lui énoncer le shall be transmitted to it and to an-
veu qu'a formé la nation qu'elle rep- nounce to it the desire felt by the na-
résente d'être unie à la République tion for which the Assembly speaks to
française et d'en former partie inté- unite with the French nation and to
grante. Elle charge expressément les form an integral part of it. The As-
députés de soliciter l'acte solennel sembly expressly instructs the depu-
d'adhésion de la Convention nationale ties to beg from the National Conven-
des Français à l'incorporation de- tion of the French people its solemn
mandée et de faire part à la commis- adhesion to the incorporation re-
sion provisoire d'administration de quested, and to inform the Provisional
l'exécution de leur mission et des ré- Administrative Commission of the
ponses qui leur seront faites et d'en- execution of their mission and of the
SAVOY AND NICE, 1792—3
295
tretenir avec elle une correspondance responses which shall be made to them,
exacte: le tout en conformité des dé- and to carry on a detailed correspond-
terminations prises dans les seconde ence with it: all of this in conformity
et dernière séances de l'Assemblée na- with the decisions made at the second
tionale des 22 et 29 octobre dont les and last session of the National As-
extraits des procès-verbaux seront sembly of the 22d and 29th of Octo-
joints au présent, signés par le prési- ber, of which extracts from the formal
dent et les secrétaires.
minutes, signed by the President and
the secretaries, shall be annexed to the
present document.
“Fait à l'Assemblée nationale des “Done in the National Assembly of
Allobroges, séante à Chambéry, le 29 the Allobroges, in session at Cham-
octobre 1792, l'an 1er de la Répub- béry, October 29, 1792, the Year I
lique.
of the Republic.
Signé: J. DECRET, président; “(Signed) J. DECRET, President;
CHASTEL, GUMERY, F. FAVRE, HAC- CHASTEL, GUMERY, F. FAVRE, HAC-
QUIER, secrétaires."
QUIER, Secretaries."
Decree of the French National Convention Uniting Savoy to France.
November 27, 1792 1
1
La Convention nationale, après The National Convention, having
avoir entendu le rapport de ses comités heard the report of its Diplomatic
de constitution et diplomatique, et Committee and the Committee on the
avoir reconnu que le veu libre et uni- Constitution, and having recognized
versel du peuple souverain de la Sa- that the free and universal wish of the
voie, émis dans les assemblées des sovereign people of Savoy, expressed
communes, est de s'incorporer à la in communal assemblies, is for incor-
République française; considérant que poration in the French Republic, and
la nature, les rapports et les intérêts considering that nature as well as
respectifs rendent cette union avan- their relations and respective interests
tageuse aux deux peuples, déclare render this union advantageous to the
qu'elle accepte la réunion proposée, et two peoples, declares that it accepts
que, dès ce moment, la Savoie fait the union proposed and that, from
partie intégrante de la République this moment, Savoy forms an integral
française.
part of the French Republic.
ART. 1er. La Convention nationale ARTICLE 1. The National Conven-
décrète que la Savoie formera pro- tion decrees that Savoy shall form,
1 Duvergier, Collections, vol. 5, p. 59.
296
DOCUMENTS
visoirement un quatre-vingt-quatrième provisionally, an eighty-fourth de-
département, sous le nom de départe- partment, under the name of the De-
ment du Mont-Blanc.
partment of Mont-Blanc.
2. Les assemblées primaires et 2. The primary and electoral as-
électorales se formeront incessament, semblies shall at once convene, ac-
suivant la forme des lois établies, pour cording to the manner provided by
nommer leurs députés à la Conven- law, in order to elect their deputies
tion nationale.
to the National Convention.
3. Ce département aura provisoire- 3. This department shall have a
ment une représentation de dix dépu- provisional representation of ten dep-
tés à la Convention nationale.
uties to the National Convention.
4. Il sera envoyé, dans le départe- 4. Four Commissioners, who shall
ment du Mont-Blanc, quatre commis- be chosen from the members of
saires pris dans le sein de la Conven- the National Convention, shall be sent
tion nationale, pour procéder à la to the Department of Mont Blanc, to
division provisoire et à l'organisation proceed to the provisional division
de ce département en districts et en and to the organization of this de-
cantons. Ces commissaires seront partment into districts and cantons.
nommés par la voie du scrutin. 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 2
LIBERTÉ, EGALITÉ
LIBERTY, EQUALITY
Décret de la Convention nationale des Decree of the National Convention
colons marseillais, du 4 janvier of the Colonists of Marseilles, Jan-
1793, lan II de la République fran- uary 4, 1793, the year II of the
çaise.
French Republic.
L'Assemblée composée des repré- The Assembly, composed of the
sentants des huit sections de la ville representatives of the eight districts of
et territoire de Nice, et des conimunes the city and territory of Nice, and of
de Saint-Agnès, Escarène, Aspro- the Communes of Saint-Agnès, Esca-
mont, Roquette et Saint-Martin, Con- rène, Aspromont, Roquette and Saint-
tes, Château-neuf, Tourrettes, Roque- 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
297
Esteron à gauche de la rivière, Ville- rettes, Roque-Esteron on the left
franche, Peillon, Saint-André, Bou- bank of the river, Ville-franche,
son, Saint-Antonin, Eza, Gillette, Gor Peillon, Saint-André, Bouson, Saint-
bio, Falicon, Toët, Lévens, etc., après Antonin, Eza, Gillette, Gorbio, Fal-
avoir entendu la lecture des procès- cion, Toët, Lévens, etc., after hav-
verbaux de leurs respectives sections ing heard the reading of the formal
et communes, qui constatent l'élection minutes of their respective districts
libre et légale des susdits membres, et and communes, which attest the free
l'autorité et les pouvoirs amples et and legal election of the members
illimités, qui leur ont été transmis et aforesaid, and the authority and full
après avoir prêté successivement le and unlimited powers which have
serment d'être fidèle à la nation, de been bestowed on them, having taken,
maintenir la liberté et l'égalité, et de each in turn, the oath to be faithful
mourir en les défendant, se rappelant to the nation and to the maintainance
avec indignation les injustes provoca- of liberty and equality, and to die in
tions du ci-devant despote, connu sous defending them; recalling with indig-
les nom de roi de Sardaigne, et de nation the unjust provocations which
ses satellites, faites à la nation fran- the former despot, known under the
çaise qui s'était déclarée amie de title of King of Sardinia, and his sat-
l'homme; se rappelant avec douleur ellites have offered to the French na-
les vexations inquisitoriales, sénatori- tion which had declared itself the
ales, préfectorales, militaires et arbi- Friend of Man; recalling with sorrow
traires exercées envers le peuple niçois the inquisitorial, senatorial, prefec-
qu'elle représente; se rappelant en ou- torial, military and arbitrary annoy-
tre toutes les tyrannies, usurpations ances against the people of Nice
et injustices faites à ce même peuple, whom the Assembly represents; re-
tant par le susdit despote, que par tous calling moreover, all the tyrannies,
ses adhérents, qu'il salariait de la usurpations and injustices done to
sueur du pauvre; se rappelant encore this same people, both by the despot
les inhumanités commises envers tous aforesaid and by all his adherents
ceux qui n'avaient pas acheté des ti- whom he paid from the sweat of the
tres, et de l'insolence insupportable poor; recalling the inhuman acts com-
des ci-devant nobles, qu'il n'a jamais mitted against all those who have not
cherché de réprimer, même après que bought titles, and the unbearable
les principes de liberté et d'égalité ont insolence of the former nobles, whom
été propagés par la nation française; he never sought to repress, even
et se rappelant enfin la lâcheté avec after the principles of liberty and
laquelle il a abandonné à la plus af- equality were proclaimed by the
freuse anarchie un peuple, auquel il French nation; and recalling, finally,
avait promis la conservation des pro- the cowardliness with which he
priétés et la sûreté des personnes; abandoned to the most frightful
298
DOCUMENTS
après avoir mis tout en usage pour lui anarchy a people to whom he had
inspirer de l'aversion et une haine im- promised the preservation of property
placable contre les Français qui
Français qui and the protection of persons, after
s'étaient déclarés libres, et avoir usé having done everything to inspire in
de tous les moyens pour le compro- them implacable aversion and hatred
mettre, et l'exposer à leur vengeance, against the French who had declared
déclare unanimement, au nom du même themselves free, and having employed
peuple niçois qu'elle représente, la dé- every means to compromise the peo-
chéance perpetuelle du ci-devant comte ple and to expose them to their ven-
de Nice, Victor-Amédée troisième, geance, declares unanimously, in the
soi-disant roi de Sardaigne, et de toute name of these people of Nice whom
sa descendance, et prête le serment so- it represents, the perpetual deposition
lennel de ne plus reconnaître à l'avenir of the former Count of Nice, Victor
d'autre autorité que celle du peuple, Amadeus III, so-called King of Sar-
ou librement émanée de lui-même; dinia, and of all his descendants, and
comme le seul souverain légitime, dé- takes a solemn oath never to recog-
crétant en même temps l'abolition de nize any other authority in future
tous les titres, privilèges et préroga- than that of the people, or such au-
tives quelconques, comme contraires thority as has been freely delegated
à l'égalité de l'homme, ces distinc- by them, decreeing at the same time,
tions n'ayant été créées que par le des- in its capacity as sole legitimate sov-
potisme et l'aristocratie proscrits par ereign, the abolition of all titles, priv-
· les droits imprescriptibles et inalién- ileges and prerogatives whatsoever, as
ables de l'homme, desquels elle déclare being contrary to the equality of man,
ne pouvoir point s'écarter sans com- these distinctions having been created
mettre la plus noire des injustices, et
et only by despotism and by the aristoc-
sans s'arroger une autorité qu'elle ne racy prescribed by the imprescriptible
peut acquérir en aucune manière. and inalienable rights of man, which
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.
L'Assemblée pénétrée d'autre part The Assembly, actuated on the
d'admiration et de reconnaissance en- other hand by admiration and grati-
vers la nation française, franche et tude for the frank and generous
généreuse, qui a rétabli le peuple niçois French nation, which has restored the
dans tous ses droits; considérant que people of Nice to all their rights, con-
ce même peuple est libre, indépendant, sidering that this same people is free
et dont la souveraineté doit être rep- and independent and that its sover-
résentée par les membres, auxquels il eignty should be represented by those
SAVOY AND NICE, 1792-3
299
a donné toute sa confiance, et ses pou- members to whom it has given its
voirs, déclare s'être constituée en Con- confidence and its powers, declares it-
vention nationale des colons marseil- self to be constituted as the National
lais, pour rappeler à tous les peuples Convention of the Colonists of Mar-
l'origine de celui qu'elle représente, et seilles in order to recall to all peoples
à l'effet de traiter par elle-même, ou the origin of the people it represents;
par les députés, que la grande ma- and for the purpose of treating with
jorité du peuple a nommé, la réunion the National Convention either for
de la ville de Nice, et le ci-devant itself or
itself or by the deputies named by the
comté à la République française avec great majority of the people, regard-
la Convention nationale, au cas que la ing the union of the City of Nice and
demande qui lui sera faite de cette the former County to the French Re-
réunion par les susdits députés, déjà public, if the request which it has
munis du væu du peuple, soit recon-
made for this union, through the
nue insuffisante; et pour pourvoir à aforesaid deputies, already provided
toutes les places d'administration, with proof of the wish of the people,
juges du tribunal et autres, et faire is considered to be insufficient; and in
généralement tout ce que le peuple order to provide for all offices of ad-
réuni aurait droit de faire lui-même. ministration, judges of courts and
others, and, in general, to do all that
a people assembled would have the
right to do for itself.
Ladite Convention nationale des The said National Convention of
colons marseillais décrète, en consé- the Colonists of Marseilles decrees, in
quence avoir chargé comme elle consequence, that it has appointed and
charge expressément les citoyens Blan- expressly appoints the citizens Blan-
qui et Veillon, députés auprès de la- qui and Veillon, delegated to the said
dite Convention nationale de France, National Convention of France, first-
premièrement par les corps adminis- ly by the assembled Provisional Ad-
tratifs réunis provisoires de la ville ministrative Bodies of the City and
et ci-devant comté de Nice, et succes- former County of Nice, and later by
sivement par la très grande majorité the great majority of the communes,
des communes, pour présenter, au nom to present, in the name of the people
du peuple niçois ou des colons mar- of Nice or of the Colonists of Mar-
seillais, le veu librement émis par le seilles, the wish freely expressed by
même peuple dans ses assemblées pri- that same people in its primary assem-
maires, et que l'assemblée et ses rep- blies, and which has just been con-
résentants vient de confirmer, leur firmed by the assembly and its repre-
donnant à ces députés tout pouvoir sentatives, giving to those deputies all
et autorité nécessaires pour solliciter power and authority necessary to
auprès de ladite Convention nationale solicit from the said National Con-
300
DOCUMENTS
en
l'agrément de ce võu, et obtenir d'elle vention the granting of this wish, and
la réunion si désirée à la République to obtain from it the union with the
française, pour laquelle le peuple French Republic, so deeply desired
niçois ne cesse de soupirer.
and for which the people of Nice do
not cease to long.
L'Assemblée décrète, outre, The Assembly decrees, moreover,
que l'extrait de la présente délibéra- that the copy of the present delibera-
tion sera envoyé auxdits députés, et tion shall be sent to the said deputies,
qu'elle sera incessamment imprimée and that it shall be printed immedi-
pour qu'un exemplaire soit également ately in order that copies may also be
envoyé dans toutes les communes du sent to all the communes of the people
peuple des colons marseillais, aux Al- of the Colonists of Marseilles, to our
lobroges nos frères, aux Belges, dans brothers the Allobroges, to the Bel-
toutes les places où la nation fran- gians, in all places where the French
çaise a porté ses armes, dans les villes nation has carried its arms, in the
et villages du Piémont, et de la Sar- towns and villages of Piedmont, and
daigne pour leur inspirer le désir de of Sardinia in order to inspire in them
suivre l'exemple des Allobroges, et le the desire to follow the example of the
nôtre, et finalement un autre exem- Allobroges and ours, and, finally, an-
plaire au despote turinois pour l'as- other copy shall be sent to the Turin
surer des dispositions que l'on prend despot to acquaint him with the meas-
pour le détrôner.
ures taken to dethrone him.
A Nice, et dans la salle des séances Done at Nice, in the meeting hall
de ladite Convention nationale des of the said National Convention of
colons marseillais, le quatre janvier the Colonists of Marseilles, January
mil sept cent quatre-vingt-treize, l'an fourth, seventeen hundred and ninety
second de la République française. three, the second year of the French
Republic.
Signé: LOUIS VILLIERS, prési- (Signed) LOUIS VILLIERS, Presi-
dente; CLERICI, secrétaire; GASTAUD, dent; CLERICI, Secretary; GASTAUD,
secrétaire.
Secretary.
Collationné avec l'original,
(Compared with the original,)
Pour l'Assemblée :
For the Assembly:
GASTAUD, secrétaire.
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 1
La Convention nationale déclare, The National Convention declares,
au nom du peuple français, qu'elle ac- in the name of the French people,
cepte le võu librement émis par le that it accepts the vote of the sover-
peuple souverain du ci-devant comté eign people of the former County of
de Nice dans ses assemblées primaires, Nice, freely expressed in primary as-
et décrète, en conséquence, que le ci- semblies, and decrees, in consequence,
devant comté de Nice fait partie in- that the former County of Nice forms
tégrante de la République française; an integral part of the French Repub-
lic;
Ordonne que le conseil exécutif pro- Orders that the Provisional Execu-
visoire prendra sur-le-champ les me- tive Council shall take immediately the
sures nécessaires pour faire trans- necessary measures to cause the cus-
porter les bureaux de douanes aux toms houses to be moved to points on
points limitrophes du territoire the frontiers of foreign countries :
étranger;
Charge son comité de division de Charges its Committee of Division
lui faire incessamment un rapport sur to make an immediate report regard-
le mode d'organisation générale du ci- ing the mode of general organization
devant comté de Nice.
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
Canbon Reports Regarding the Conduct to be Followed by the French Gen-
erals in the Countries Occupied by the Armies of the Republic. December
15, 1792 1
CAMBON, ail nom des Comités des CAMBON, in the name of the Com-
finances, militaire et diplomatique. mittee on Finances, Military and
Vous avez chargé trois de vos Comités Diplomatic Committees. You have
de l'examen de plusieurs lettres des charged three of your committees
généraux commandant les armées with the examination of many letters
qui sont actuellement sur territoire from the generals commanding the
étranger.
armies now on foreign territory.
Dumourier, en entrant dans la Bel- Dumourier, on entering Belgium,
gique, a annoncé de grands principes announced great philosophic prin-
de philosophie; mais il s'est borné à ciples; but he confined himself to
faire des adresses au peuple. Il a making addresses to the people. Up
jusqu'ici tout respecté, nobles, priv- to the present time, he has respected
ilèges, corvées, feodalité, &c. tout est everything; nobles, privileges, forced
encore sur pied;
labor, feudalism, &c., everything is
still running;
Le général a cru, d'après les in- The General believed that, follow-
structions du conseil exécutif, devoir ing the instructions of the executive
respecter sa souveraineté et son indé- council, he must respect its Sov-
pendance, ne pas lui imposer de con- ereignty and independence and not
tributions extraordinaires; lorsque ses impose on it any extraordinary
convois passent à quelques barrières contributions ; when its
convoys
ou péages, ils y paient les droits ordi- pass through any barriers or toll-
naires. Il a cru ne devoir pas même gates they pay the ordinary taxes.
forcer les habitans à fournir des ma- He thought that he must not even
gasins et des approvisionnemens à nos force the inhabitants to furnish stores
armées. Ces principes philosophiques and provisions to our armies. These
sont les nôtres; mais nous ne voulons philosophical principles are our own; ;
pas, nous ne devons pas respecter les but we do not wish, we ought not,
usurpateurs. Tous ceux qui jouis- to respect usurpers. All 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 are enjoying immunities or privileges
nos ennemis, il faut les détruire; au- are our enemies, they must be de-
trement, notre propre liberté serait en stroyed; otherwise our own liberty
péril. Ce n'est pas aux rois seuls que would be in peril. It is not upon
nous avons à faire la guerre; car s'ils kings alone that we have to make
étaient isolés, ce ne serait que dix ou war; for if they were isolated, there
douze têtes à faire tomber. Nous would be but ten or a dozen heads
avons à combattre tous leurs com- to cut off. We have to fight all their
plices, les castes privilégiées, qui, sous accomplices, the 'privileged castes,
le nom des rois, rongent les peuples, who in the name of the kings, devour
et les oppriment depuis plusieurs the people, and oppress them for
siècles.
many centuries past.
Vos Comités se sont donc dit: Your committees, therefore, said to
Tout ce qui dans les pays où vous themselves: All that exists by virtue
portez les armes, existe en vertu de of tyranny and despotism in the
la tyrannie et du despotisme, est usur- countries where you carry your arms,
pation: car les rois n'avaient pas le is usurpation; for kings have no right
droit d'établir des privilèges en faveur to establish privileges in favor of the
du petit nombre, au détriment du plus few to the detriment of the larger
grand.
number.
Il faut donc que nous nous déclari- It is therefore necessary that we
ons pouvoir révolutionnaire dans les declare the revolutionary power in the
pays où nous entrons. (On applaudit.) countries enter. (Applause.)
L'aristocratie gouverne partout; ... Aristocracy is governing every-
il faut donc détruire toutes les where; therefore all existing authori-
autorités existantes. . Il faut que ties must be destroyed. . . . The
le système populaire s'établisse, que popular rule must be established, all
toutes les autorités soient renouve- authorities must be renewed, or you
lées, ou vous n'aurez que des ennemis will have only enemies at the head of
à la tête des affaires. Vous ne pouvez affairs. You can not then give lib-
donc donner la liberté à un pays, vous erty to a country, you can not stay in
ne pouvez y rester en sûreté, si les
it with safety, if the old magistrates
anciens magistrats conservent leurs keep their powers; it is absolutely
pouvoirs; il faut absolument que les necessary that the Sans-Culottes
Sans-Culottes participent à l'adminis- participate in the administration.
tration. (De nombreux applaudisse- (Great applause in the Assembly and
ments s'élèvent dans l'assemblée et in the galleries.)
dans les tribunes.)
En entrant dans un pays, quel doit In entering into a country, what
être notre premier soin? c'est de pren- should be our first care? to take the
dre pour gage des frais de la guerre possessions of our enemies as
we
a
304
DOCUMENTS
les biens de nos ennemis; il faut donc guarantee for the expenses of the
mettre sous la sauvegarde de la Na- war; therefore it is necessary to place
tion les biens meubles et immeubles in the custody of the nation the per-
appartenant au fisc, aux princes, à sonal and landed property belong-
leurs fauteurs, adhérens, participes, à ing to the public treasury, to princes,
leurs satellites volontaires, à tous les to their followers, adherents, and
complices de la tyrannie. (On ap- partisans, to their voluntary satellites,
plaudit.) Et pour qu'on ne se mé- to all the accomplices of tyranny.
prenne pas sur les intentions pures et (Applause.) And in
in order that
franches de la République française, there shall be no misunderstanding
vos Comités ne vous proposent pas de about the pure and honest intentions
nommer des administrateurs particu- of the French Republic, your com-
liers pour l'administration et la régie mittees do not propose to you to name
de ces biens; mais d'en confier le soin special administrators for the man-
à ceux qui seront nommés par le peu- agement and control of these posses-
ple. Nous ne prenons rien, nous con- sions; but to confide the care of them
servons tout pour les frais de la to those who shall be named by the
guerre.
people. We take nothing, we keep
everything for the expenses of the
war.
Vous sentez qu'en accordant cette You see that in granting this con-
confiance aux administrateurs provi- fidence to the provisional admin-
soires, vous aurez alors le droit d'en istrators, you will then have the right
exclure tous les ennemis de la Répub- to exclude all enemies of the Republic
lique qui tenteraient de s'y intro- who might attempt to introduce them-
duire.
selves there. ..
Ces précautions prises, vos Comités These precautions taken, your com-
ont pensé qu'il ne fallait pas encore mittees thought that a people little ac-
abandonner un peuple peu accoutumé customed to liberty should not yet be
à la Liberté absolument à lui-même; entirely abandoned to itself; that it
qu'il fallait l'aider de nos conseils, was necessary to help it by our coun-
fraterniser avec lui; en conséquence sel, to fraternize with it; consequently,
que dès que les administrations pro- that as soon as the provisional ad-
visoires seraient nommées, la Conven- ministrators should be named, the
tion devait leur envoyer des commis- Convention ought to send to them
saires tirés de son sein, pour entretenir commissioners chosen from its own
avec elles des rapports de fraternité. body, to form with them fraternal re-
Cette mesure n'est pas même suffi- lations. This measure, even, is not
sante. Les représentans du peuple enough. The representatives of the
sont inviolables ; ils ne doivent jamais people are inviolate; they must never
exécuter. Il faudra donc nommer be executive. It is therefore neces-
BELGIAN COMMUNES AND THE RHINE VALLEY, 1793
305
aussi des exécuteurs. Vos Comités sary to name executors also.
Your
ont donc pensé que le conseil exécutif committees, therefore, thought that
devait envoyer de son côté des com- the Executive Council should on its
missaires nationaux qui se concerte- part send national commissioners
ront avec les administrations provi- who would arrange with the provi-
soires pour la défense du pays nou- sional administrators for the defence
vellement affranchi, pour assurer les of the newly enfranchised country,
approvisionnemens et la subsistance for the assurance of supplies and sub-
de nos armées, et enfin se concerter sistence for our armies, and finally
sur les moyens qu'il y aura à prendre to concert measures that will have
pour payer les dépenses que nous au- to be taken for paying the expenses
rons faites ou que nous ferons sur leur that we shall have incurred or that
territoire.
we will incur on their territory.
Vous devez penser qu'au moyen de You must reflect that because of
la suppression des contributions an- the suppression of the former taxes
ciennes, les peuples affranchis n'auront the enfranchised peoples will have no
point de revenus; ils auront recours revenues; they will have recourse to
à vous, et le Comité des finances croit you, and the Committee on Finances
qu'il est nécessaire d'ouvrir le trésor thinks it is necessary to open the
public à tous les peuples qui voudront public treasury to all peoples who
être libres. Quels sont nos trésors? wish to be free. What are our re-
Ce sont nos biens territoriaux, que sources? They are
our territorial
avons réalisés en assignats. possessions, which we have realized in
Conséquemment, en entrant dans un assignats. Consequently, in entering
pays, en supprimant ses contributions, into a country, in suppressing its
et lui offrant une partie de nos trésors taxes, and offering to it a part of our
pour l'aider à reconquérir sa liberté, resources to aid it in reconquering its
nous lui offrirons notre monnaie révo- liberty, we are offering it our revolu-
lutionnaire. (On applaudit.) Cette tionary money. (Applause.) This
monnaie deviendra la sienne; nous money will become its own; we shall
n'aurons pas besoin alors d'acheter à not then have need to buy at great
grands frais du numéraire, pour trou- expense of cash, in order to find
ver, dans le pays même, des habille- clothing and food in the country it-
mens et des vivres; un même intérêt self; a common interest will unite the
réunira les deux peuples pour com- two peoples to fight tyranny. From
battre la tyrannie. Dès lors nous that moment we shall increase our
augmenterons notre propre puissance, own power, since we shall have a
puisque nous aurons un moyen d'écou- channel to diminish the mass of as-
lement pour diminuer la masse des signats circulating in France, and the
assignats circulante en France, et que mortgage furnished by the property
l'hypothèque que fourniront les biens placed in the custody of the Republic
nous
306
DOCUMENTS
mis sous la sauvegarde de la Répub- will increase the credit of these same
lique augmentera le crédit de ces assignats.
mêmes assignats.
Decree by which France Proclaims the Liberty and Sovereignty of all the Peo-
ples to whom she has Carried or shall Carry her Arms, and Prescribes the
Conduct of her Generals. December 15 and 17, 1792 1
are
La Convention nationale, après The National Convention, having
avoir entendu le rapport de ses comités heard the joint report of its Com-
des finances, de la guerre et diploma, mittees of Finance, War and Diplo-
tique réunis; fidèle aux principes de macy; faithful to the principles of
la souveraineté du peuple, qui ne lui popular sovereignty, which do not
permet pas de reconnaître aucune des permit it to recognize any of the
institutions qui y portent atteinte, et institutions which threaten these prin-
voulant fixer les règles à suivre par ciples, and desiring to fix the rules to
les généraux des armées de la Répub- be followed by the generals of the
lique dans les pays où ils porteront les armies of the Republic in the
armes, décrète :
countries where they shall carry its
arms, decrees :
Art. 1º'. Dans les pays qui sont ou
ARTICLE 1. In the countries which
seront occupés par les armées de la or shall be occupied by the
République, les généraux proclame- armies of the Republic, the generals
ront sur-le-champ, au nom de la nation shall immediately proclaim, in the
française, la souveraineté du peuple, name of
name of the French nation, the
la suppression de toutes les autorités sovereignty of the people, the sup-
établies, des impôts ou contributions pression of all established authority,
existans, l'abolition de la dîme, de la existing imposts or taxes, the aboli-
féodalité, des droits seigneuriaux, tant tion of the tithes, of feudal tenure, of
féodaux que censuels, fixes ou casuels, seigniorial rights, both feudal tax and
des banalités, de la servitude réelle poll tax, fixed or unfixed, of socage
et personelle, des privilèges de chasse payments, of real and personal servi-
et de pêche, des corvées, de la noblesse, tude, of the privileges of hunting and
et généralement de tous les privilèges. fishing, of statute-labor, of nobility,
and of all privileges in general.
2. Ils annonceront au peuple qu'ils 2. They shall announce to the peo-
lui apportent paix, secours, fraternité, ple that they bring to them peace, suc-
1 Duvergier, Collection, vol. 5, p. 82.
BELGIAN COMMUNES AND THE RHINE VALLEY, 1793
307
liberté et égalité, et ils le convoqueront cor, fraternity, liberty, and equality,
de suite en assemblées primaires ou and they shall at once convoke them
communales, pour créer et organiser in primary or communal assemblies, to
une administration et une justice pro- create and organize a provisional ad-
visoire; ils veilleront à la sûreté des ministrative and judicial system; they
personnes et des propriétés; ils feront shall care for the safety of persons
imprimer en langue ou idiome du pays, and of property; they shall cause the
afficher et exécuter sans délai, dans present decree and the proclamation
chaque commune, le présent décret et. annexed to be printed in the language
la proclamation y annexée.
or the idiom of the country, and to be
posted and put in execution without
delay in each commune.
3. Tous les agens et officiers civils 3. All the agents and officers,
ou militaire de l'ancien gouvernement, civil or military, of the former gov-
ainsi que les individus ci-devant ré- ernment, as well as the individuals
putés nobles, ou membres de quelques formerly considered noble, or mem-
corporations ci-devant privilégiés, bers of any corporations hitherto
seront, pour cette fois seulement, in- privileged shall be, for the time only,
admissibles à voter dans les assem- excluded from voting in the primary
blées primaires ou communales, et ne or communal assemblies, and may not
pourront être élus aux places d'admi- be elected to office in the provisional
nistration ou du pouvoir judiciaire administration or in the provisional
provisoire. 1
judicial bodies, 1
4. Les généraux mettront de suite 4. The generals shall at once place
sous la sauvegarde et protection de la 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, conçu 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 à voter dans les assemblées priniaires ou
communales, et ne pourront être élus aux places d'administration et de pouvoir judiciaire
provisoire’; et elle décrète que nul ne pourra être admis à voter dans les assemblées pri-
maires et communales, et ne pourra être 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
DOCUMENTS
République française tous les biens the French Republic all the real
meubles et immeubles appartenant au and personal property belonging to
fisc, au prince, à ses fauteurs, ad- the treasury, the prince, his agents,
hérens et satellites volontaires, aux adherents and voluntary satellites,
établissements publics, aux corps et to the public establishments, to the
communautés laïques et ecclésias- bodies and communities, lay and
tiques; ils en feront dresser sans délai ecclesiastical; they shall cause to be
un état détaillé, qu'ils enverront au drawn up without delay a detailed
conseil exécutif, et prendront toutes statement of these, which they shall
les mesures qui sont en leur pouvoir, send to the Executive Council, and
afin que ces propriétés soient re- shall take all measures within their
spectées.
power to cause these properties to be
respected.
L'administration provisoire, nom- The provisional administration,
mée par le peuple, sera chargée de la named by the people, shall be charged
surveillance et régie des objets mis with the oversight and the administra-
sous la sauvegarde et protection de tion of the objects put under the care
la République française; elle veillera and protection of the French Repub-
à la sûreté des personnes et des pro- lic; it shall see to the safety of per-
priétés; elle fera exécuter les lois en sons and property; it shall enforce the
vigueur relatives au jugement des execution of the laws in force relat-
procès civils et criminels, à la police ing to civil and criminal trials, to po-
et à la sûreté publique; elle sera lice and public security; it shall be
chargée de régler et faire payer les charged with the duty of regulating
dépenses locales et celles qui seront and causing to be paid the local ex-
nécessaires pour la défense commune; penses and those which shall be neces-
elle pourra établir des contributions, sary for the common defence; it may
pourvu toutefois qu'elles ne soient pas establish taxes, provided, however,
supportées par la partie indigente et that they shall not be borne by the
laborieuse du peuple.
indigent and laboring class.
6. Dès que l'administration provi- 6. As soon as the provisional ad-
soire sera organisée, la Convention na- ministration shall be organized the
tionale nommera des commissaires National Convention shall name com-
pris dans son sein pour aller frater- missioners, from its own number, to
niser avec elle.
fraternise with it.
7. Le conseil exécutif nommera 7. The Executive Council shall
aussi des commissaires nationaux, qui also name national commissioners,
se rendront de suite sur les lieux who shall at once repair to the spot
pour se concerter avec les généraux to advise with the generals and the
et l'administration provisoire nommée provisional administration named 'by.
par le peuple, sur les mesures à pren- the people, as to the measures to be
BELGIAN COMMUNES AND THE RHINE VALLEY, 1793
309
dre pour la défense commune, et sur taken for the common defence and as
les moyens employés pour se procurer to the means to be employed to pro-
les habillements et subsistances néces- cure the clothing and subsistence nec-
saires aux armées, et pour acquitter essary for armies, and to provide pay-
les dépenses qu'elles ont faites et ment for the expenses which they
feront pendant leur séjour sur son have incurred and shall incur during
territoire.
their sojourn in the territory.
8. Les commissaires nationaux 8. The national commissioner
nommées par le conseil exécutif lui named by the Executive Council shall
rendront compte, tous les quinze jours, render it an account of their opera-
de leurs opérations. Le conseil exé- tions, every fifteen days. The Execu-
cutif les approuvera, modifiera ou re- tive Council shall approve, modify or
jettera, et il en rendra compte de suite reject them, and it shall report the
à la Convention.
result to the convention.
9. L'administration provisoire nom- 9. The provisional administration
mée par le peuple et les fonctions named by the people and the offices of
des commissaires nationaux cesseront national commissioner shall cease as
aussitôt que les habitans, après avoir soon as the inhabitants, after having
déclaré la souveraineté et l'indépen- declared the sovereignty and inde-
dance du peuple, la liberté et l'égalité, pendence of the people, and their
auront organisé une forme de gou- liberty and equality, shall have organ-
vernement libre et populaire.
ized a free and popular form of gov-
ernment.
10. Il sera fait état des dépenses 10. A statement shall be made of
que la République française aura the expenses which the French Re-
faites pour la défense commune, et public shall have incurred for the
des sommes
sommes qu'elle pourra avoir common defense and the service
reçues, et la nation française prendra which it may have received, and the
avec le gouvernement qui sera établi French nation shall agree with the
des arrangemens pour ce qui pourra government which shall be established
être dû; et, au cas où l'intérêt commun as to the arrangements for paying the
exigerait que les troupes de la Ré- amount which may be due; and, in
publique restassent encore à cette case the common interest should de-
époque sur le territoire étranger, elle mand that the troops of the Republic
prendra les mesures convenables pour should remain yet longer in the for-
les faire subsister.
eign territory, it shall take suitable
measures for the provision for their
sustenance.
11. La nation française déclare 11. The French Nation declares
qu'elle traitera comme ennemi le peu- that it will treat as an enemy the peo-
ple qui, refusant la liberté et l'égalité, ple who, refusing liberty and equality
310
DOCUMENTS
ou y renonçant, voudrait conserver, cr renouncing it, should wish to pre-
rappeler ou traiter avec le prince et serve, recall or treat with the prince
les castes privilégiées ; elle promet et and the privileged classes; it promises
s'engage de ne souscrire aucun traité, and engages not to sign any treaty,
et de ne poser les armes qu'après l'af- nor to lay down its arms until after
fermissement de la souveraineté et de the consolidation of the sovereignty
l'indépendance du peuple sur le terri- and independence of the people into
toire duquel les troupes de la Ré- whose territory the troops of the Re-
publique sont entrées, qui aura adopté public have entered, who shall have
les principes de l'égalité, et établi un adopted the principles of equality and
gouvernement libre et populaire. have established a free and popular
government.
12. Le conseil exécutif enverra le 12. The Executive Council shall
présent décret par des courriers ex- forward the present decree by special
traordinaires à tous les généraux, et messengers to all the generals, and
prendra les mesures nécessaires pour shall take those measures necessary to
en assurer l'exécution.
assure its execution.
Form of Proclamation to be Made by the French Generals to the Peoples
Conquered for Liberty
PEU-
THE
PLE.
LE PEUPLE FRANÇAIS AU
THE FRENCH PEOPLE TO
PEOPLE OF:
Frères et amis, nous avons conquis Friends and Brothers, we have con-
la liberté, et nous la maintiendrons. quered liberty, and we shall maintain
Nous offrons de vous faire jouir de it. We offer to you the enjoyment
ce bien inestimable qui nous a tou- of this inestimable benefit which has
jours appartenu, et que nos oppres- always been our right, and of which
seurs n'ont pu nous ravir sans crime. our oppressors have not been able to
deprive us except by crime.
Nous avons chassé vos tyrans;
We have chased away your
montrez-vous hommes libres, et nous tyrants; show yourselves to be free
vous garantirons de leur vengeance, men, and we will guarantee you from
de leurs projets et de leur retour. their vengeance, their projects and
their return.
Dès ce moment, la nation française From this moment the French na-
proclame la souveraineté du peuple, tion proclaims the sovereignty of the
la suppression de toutes les autorités people, the suppression of all the civil
civiles et militaires qui vous ont gou- and military authorities which have
BELGIAN COMMUNES AND THE RHINE VALLEY, 1793
311
vernés jusqu'à ce jour, et de tous les governed you until to-day, and all the
impôts que vous supportez, sous quel- imposts which you support, under
que forme qu'ils existent; l'abolition whatever form they may exist; the
de la dîme, de la féodalité, des droits abolition of the tithe, the feudal ten-
seigneuriaux, tant féodaux que cen- ure, seigniorial rights, both feudal tax
suels, fixes ou casuels, des banalités, and poll tax, socage payments, real
de la servitude réelle et personnelle, and personal servitudes, the privileges
des privilèges de chasse et de pêche, of hunting and fishing, statute labor
des corvées de la gabelle, des péages, and the salt tax, tolls, town dues, and
des octrois, et généralement de toute in general all kinds of taxes imposed
espèce de contributions dont vous avez on you by your usurpers; it proclaims
été chargés par vos usurpateurs; elle also the abolition among you of all
proclame aussi l'abolition parmi vous noble bodies, priestly or otherwise, of
de toute corporation nobiliaire, sacer- all prerogatives and privileges con-
dotale et autres, de toutes les préro- trary to equality. You are from this
gatives et privilèges contraires à moment friends and brothers, all citi-
l'égalité. Vous êtes dès ce moment, zens, all equal in rights, and all called
frères et amis, tous citoyens, tous equally to govern, to serve and to de-
égaux en droits, et tous appelés égale- fend your country.
ment à gouverner, à servir et défendre
votre patrie.
Formez-vous sur-le-champ en as- Form yourselves at once in primary
semblées primaires ou de communes, or communal assemblies, make haste
hâtez-vous d'établir vos administra- to establish your provisional admin-
tions et justices provisoires, en se con- istrations and judicial systems, con-
formant aux dispositions de l'article forming them to the provisions of
3 du décret ci-dessus. Les agens de Article 3 of the above decree. The
la République française se concerter- agents of the French Republic will
ont avec vous pour assurer votre bon- advise with you in order to assure
heur et la fraternité qui doit exister your welfare and the fraternity which
désormais entre nous.
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- Representatives of the French Na-
çaise, nous le disons avec orgueil, avec tion, we say it with pride, with confi-
confiance, le peuple belgique est mûr dence, the Belgian people are ripe for
1 Procès-verbaux des représentants du peuples souverain de Hainaut, nº 31, du 21 décem-
bre 1792. Borgnet, Histoire des Belges, vol. 2, p. 108.
312
DOCUMENTS
à la liberté. . . . Cependant une na- liberty. . . . But a free nation, a na-
tion libre, une nation qui a consacré tion which has consecrated in Europe
en Europe les principes sacrés de la the sacred principles of liberty, which
liberté, qui professe qu'elle la respec- professes to respect it, and to pro-
tera, qu'elle la protégera, qu'elle la tect it and to spread it among all
propagera chez tous les peuples, en en- nations, would at this moment be de-
lèverait aux Belges, en ce moment, priving the Belgian people of its pre-
l'exercice précieux; elle l'usurperait, cious exercise; it would be usurping it,
ou plutôt elle le déléguerait par le droit or rather be delegating it by right of
de conquête à quelques individus, car conquest to certain individuals, for
comment appeler autrement ce pouvoir how otherwise can one describe this
révolutionnaire étranger qu'elle nous revolutionary power” which has
annonce? Il sera à nos yeux, il sera been proclaimed to us? It will be to
aux yeux de l'Europe entière, le pou- our eyes and to the eyes of all Europe,
voir de la force... Généreux Fran- the right of force. .. Generous
çais, nation fière et juste, rappelez Frenchmen, nation proud and just,
votre décret du 15 décembre, ou vous repeal your decree of December 15,
nous parlez en vainqueurs, en maitres, where you speak as conquerors, mas-
en souverains, lorsque de vous-mêmes ters, sovereigns, where you yourselves
vous décrétez la cessation des impôts decree the abolition of taxes and pub-
et de nos revenus publics; que vous lic revenues; by which you put under
mettez sous votre main et que vous your hand and decree the regulation
ordonnez la régie de nos biens na- of our national property, by which
tionaux; que vous prononcez, autre- you pronounce, otherwise than
ment que par notre organe, l'extinc- through us, the extinction of our as-
tion de nos agrégations ou corpora- sociations and political bodies; by
tions politiques; que vous prescrivez which you even prescribe the confis-
même la confiscation des propriétés cation of private property, which our
particulières, ce que nos anciens des- former despots did not dare to do,
potes n'osaient pas faire, lorsqu'ils when they were declaring us to be
nous déclaraient rebelles, et qu'ils rebels and treating us as such.
nous traitaient en rebelles.
Protest of the Representatives of the Sovereign People of the Country of
Namur, December 30, 1792 1
La calomnie seule, peut avoir ar- Calumny alone, ... could have
raché aux oracles de la loi, aux pro- 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
res-
tec'eurs des opprimés, aux protectors of the oppressed, the re-
taurateurs des droits de l'homme, ce storers of the rights of man, this de-
décret terrible pour nous.
Vos cree so terrible for us. Your
généraux, en entrant dans chacune des generals on entering each Belgian
provinces belgiques, ont rendu hom- province have done homage to the
mage à cet enthousiasme des âmes enthusiasm of the Belgian spirit;
belges; partout ils ont vu, ils ont everywhere they have seen, recog-
reconnu, ils ont applaudi l'ivresse de la nized, applauded the intoxication of
joie répandue sur tous les fronts; par- joy shown by everyone; everywhere
tout un peuple nombreux s'offrait sur crowds greeted them on their way,
leur passage, les comblait de félicita- overwhelmed them with felicitations,
tions, et ne cessait de témoigner tour and did not cease to bear witness
à tour sa reconnaissance à ses libéra- to their gratitude to their deliverers,
teurs, et son attachement à la liberté and their attachment to liberty and
et à l'égalité. Ces võux pour la equality. These wishes for liberty
liberté et l'égalité s'étaient déjà an- and equality had been already an-
noncés d'une manière non équivoque nounced in an unequivocal manner
dans le temps même où, gémissant en- at the time when, still groaning under
core sous le fer du despotisme, nous the yoke of despotism, we scarcely
osions à peine lever les yeux vers le dared raise our eyes to the sun which
soleil qui avait fait éclore chez nous had caused these inestimable gifts to
ces deux dons inappréciables. Tel est be showered on us. These are the
ce peuple, tels sont ses sentiments in- people, these are the innermost senti-
times, et c'est cette nation que l'on ments, and this the nation which, in
ose traduire, à la face de l'Europe, the sanctuary whence come the
dans le sanctuaire d'où émanent les oracles of liberty and of equality, one
oracles de la liberté et de l'égalité, dares traduce before Europe as ca-
comme susceptible de sacrifier au des- pable of sacrificing to despotism the
potisme le bien qui faisait depuis si good which had for so long been the
longtemps le seul objet de ses brûlants
sole object of their ardent desire!
désirs. Ce n'est pas, législateurs, It is not, legislators, that your
que votre décret ne contienne des vues decree does not contain sublime ideas,
sublimes, émanées de votre sagesse : results of your wisdom; we appreci-
nous sentons la hauteur des principes ate the loftiness of the principles
que vous y consacrez, mais après tout which you there consecrate, but after
il est injonctif; nous ne pourrons all it is imperative; we can never say
jamais vous dire: Ce sont nos vues,
These are our opinions,
ce sont nos principes ; vous nous prive- these are our principles.” You would
riez de la jouissance du caractère le deprive us of the enjoyment of the
plus sacré de la souveraineté et de la most sacred attribute of sovereignty
liberté, celui de n'obéir qu'à elle-même, and liberty, that of obeying it alone,
to you:
314
DOCUMENTS
celui de ne suivre que sa propre im- of following its own impulse, and
pulsion et de se devoir sa félicité et of owing to itself its happiness and
sa gloire. Vous fûtes, vous êtes ja- its glory. You would be, you are
loux de la vôtre, laissez-nous donc jealous of your own, let us then also
chérir aussi le bienfait que nous vous preserve the benefits which we owe
devons.
to you.
Second Decree Regarding the Conduct of the Generals in those Countries
where the Armies of France have Entered or shall Enter. January 31,
1793 1
La Convention nationale, informée The National Convention, in-
que, dans quelques-uns des pays ac- formed that, in some of the countries
tuellement occupés par les armées de at present occupied by the armies of
la République, l'exécution des décrets the Republic, the execution of the
des 15, 17 et 22 décembre dernier a decrees of the 15, 17 and 22 of last
été arrêté, en tout ou en partie, par les December has been arrested, in whole
ennemis du peuple coalisés contre sa cr in part, by the enemies of the peo-
souveraineté, décrète ce qui suit : ple, joined together against their sov-
ereignty, decrees as follows:
Art. 1º. Les décrets des 15, 17 et ARTICLE 1. The decrees of De-
22 décembre seront executés dans tous cernber 15, 17 and 22 shall be ex-
les lieux où les armées de la Répub- ecuted in all the places where the
lique sont entrées ou entreront à armies of the Republic have entered
l'avenir.
or shall enter in the future.
2. Les généraux des armées de la 2. The generals of the armies of
République prendront toutes les me- the Republic shall take all the meas-
sures nécessaires pour la tenue des ures necessary for the holding of pri-
assemblées primaires ou communales, mary or communal assemblies, accord-
aux termes desdits décrets. Les com- ing to the terms of the said decrees.
missaires envoyés par la Convention The commissioners sent by the Na-
nationale pour fraterniser avec ces
tional Convention to fraternize with
peuples pourront décider provisoire- these people may decide provisionally
ment toutes les questions qui s'élève- all the questions which arise relating
ront relativement à la forme et aux to the form and operations of the as-
opérations des assemblées, même en semblies, even in case of protests
cas de réclamation sur la validité des against the validity of elections.
élections. Ils veilleront particulière. They shall exercise special care over
1 Duvergier, Collection, vol. 5, p. 130.
7
BELGIAN COMMUNES AND THE RHINE VALLEY, 1793
315
ment sur tout ce qui pourra assurer la all that may insure the freedom of
liberté des assemblées et des suffrages. the assemblies and of the votes.
3. Les peuples réunis en assemblées 3. The peoples, convened in pri-
primaires ou communales sont invités mary or communal assemblies, are
à émettre leur vou sur la forme du invited to express their wish as to the
gouvernement qu'ils voudront adopter. form of government which they wish
to adopt.
4. Les peuples des villes et terri- 4. The people of the towns and
toires qui ne se seraient pas assem- territories who shall not have assem-
blés dans la quinzaine au plus tard bled within fifteen days, at the lat-
après la promulgation tant des décrets est, after the promulgation of the de-
des 15, 17 et 22 décembre dernier, si crees of December 15, 17 and 22, if
elle n'a pas été faite, que du présent such promulgation has not already
décret, seront déclarés ne vouloir être been made, shall be declared to be not
amis du peuple français. La Répu- desirous of being friends with the
blique les traitera comme les peuples French people. The Republic shall
qui refusent d'adopter ou se donner treat them as peoples who refuse to
un gouvernement fondé sur la liberté adopt or give themselves a govern-
et l'égalité.
ment founded on liberty and equality.
5. Les trois commissaires de la 5. The three commissioners of the
Convention nationale dans la Bel- National Convention in Belgium,
gique, le Hainaut, le pays de Liège Hainaut, the country of Liège and
et les pays voisins, qui sont venus the neighboring countries, who have
rendre compte de leurs opérations à come to render an account of their
la Convention, se réuniront à leurs operations to the Convention, shall
collègues, et partiront, savoir: Dan- join their colleagues, and shall de-
ton et Lacroix, immédiatement après part as follows: Danton and La-
le présent décret; Camus, dans la hui- croix, immediately after the present
taine au plus tard. Ils pourront agir decree, Camus in a week, at latest.
conjointement ou séparément, pourvu They may act together or separately,
néanmoins qu'ils soient réunis au provided, however, that they shall be
nombre de deux, et à la charge de in
groups of two, and under the obli-
donner connaissance, dans les vingt- gation to render an account of all
quatre heures, de toutes leurs opéra- their actions to the Convention, every
tions à la Convention.
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. February
14, 1793 1
ou
La Convention nationale, constante The National Convention, firm in
dans les principes qu'elle a consacrés the principles it has sanctioned by its
par ses décrets des 19 novembre decrees of the 19th of November and
et 15 décembre derniers, confirmant the 15th of December last, confirm-
les résolutions qu'ils annoncent, ing the resolutions that they announce
d'aider et secourir tous les peuples of aiding and succoring all peoples
qui voudront conquérir leur liberté; who may wish to conquer their own
sur le voeu libre et formel qui lui a liberty; upon the free and formal vote
été adressé par plusieurs communes addressed to it by several foreign,
étrangères, circonvoisines en- neighboring or enclosed communes
clavées, réunies en assemblées pri- gathered in primary assemblies, and
maires, faisant usage de leur droit in- making use of their inalienable right
aliénable de souveraineté à l'effet of sovereignty for the purpose of be-
d'être réunies à la France comme ing united to France as integral parts
parties intégrantes de la République; of the Republic; after having heard
après avoir entendu le rapport de son the report of its diplomatic commit-
comité diplomatique, déclare, au nom tee, declares, in the name of the
du peuple français, qu'elle accepte ce French people, that it accepts this
vau, et en conséquence décrète ce qui vote, and consequently decrees as fol-
suit:
lows:
Art. 1º'. La ci-devant principauté ARTICLE 1. The former princi-
de Monaco est réunie au territoire de pality of Monaco is united to the ter-
la République française, et fait partie ritory of the French Republic, and
du département des Alpes-Maritimes. makes a part of the department of the
Maritime Alps.
ART. 2. La partie inférieure du ART. 2. The lower part of the
bailliage de Schambourg, dite le Bas- bailiwick of Schambourg, called the
Office, est réunie au territoire de la Bas-Office, is united to the territory
République, et fait partie du départe- of the Republic, and makes a part of
ment de la Moselle.
the Department of the Moselle.
ART. 3. The communes of the
Art. 3. Les communes du pays country of
country of Saarwerden and of
de Saarwerden et de Harshkеrich, Harschkerich, as well as those of As-
ainsi que celles d’Asweiller, sont ré- weiller, are united to the territory of
unies au territoire de la République, et the Republic, and will be divided be-
1 Arch. parl., 1st series, vol. 58, p. 550.
BELGIAN COMMUNES AND THE RHINE VALLEY, 1793
317
seront réparties entre les départements tween the departments of the Lower
du Bas-Rhin, de la Moselle et de la Rhine, the Moselle and the Meurthe,
Meurthe, suivant le mode qui sera following the method which shall be
déterminé par un décret particulier. determined by a special decree.
ART. 4. Les communes de Cré- Art. 4. The communes of Cré-
hange, Puttelange, Pontpierre et de la hange, Puttelange, Pontpierre and the
partie allemande de Teting; les com- German part of Teting; the com-
munes de Trulben, Kæpen, Hilscht- munes of Trulben, Koepen, Hilscht-
Schvex, Eppenbrunnen, Oberstein- Schvex, Eppenbrunnen, Oberstein-
bach, Lutzelhart et Armsberg, sont bach, Lutzelhart and Armsberg are
réunies au territoire de la République, united to the territory of the Repub-
et font partie du département de la lic, and make a part of the department
Moselle.
of the Moselle.
Art. 5. Les demandes, en réu- ART. 5. The requests for union
nion, faites par diverses autres com- made by several other communes or
munes ou par des corps administra- by administrative bodies, are deferred
tifs, sont ajournées jusqu'à ce qu'il until fresh information shall have
soit parvenu de nouveaux renseigne- come to hand.
inents.
ART. 6. Les corps administratifs ART. 6. The administrative bod-
des départements auxquels sont ré- ies of the departments to which the
unies les susdites communes par le above named communes are united
présent décret, fourniront à la Con- by the present decree, will furnish
vention nationale tous les éclaircisse- to the National Convention all the
ments nécessaires pour qu'elle puisse necessary explanations in order that
fixer, dans le plus bref délai, le mode the mode of incorporation of these
d'incorporation de ces communes, et communes may be fixed with the
pour lui faire connaître la nature des least possible delay, and that it may
biens nationaux qui en dépendent. be informed of the nature of the
La Convention nationale met national lands which form a part of
biens, ainsi que toutes les propriétés them. The National Convention
comprises dans le territoire des com- places these lands, as well as all prop-
munes nouvellement réunies,
erties comprised within the territory
sauvegarde de la nation et des lois. of the communes just united, under
the safeguard of the nation and of the
laws.
ces
318
DOCUMENTS
Proclamation to the Belgian People by the Commissioners of the French
National Convention, Delacroix, Gossuin and Merlin (de Douai). Feb-
ruary 19, 1793 1
AU NOM DE LA RÉPUBLIQUE
FRANÇAISE
IN THE NAME OF THE
FRENCH REPUBLIC
COM-
LES MEMBRES DE LA CONVENTION
NATIONALE DE FRANCE, SES
MISSAIRES PRÈS L'ARMÉE ET DANS LES
PAYS DE LA BELGIQUE, LIÈGE, ETC.,
THE MEMBERS OF THE NATIONAL
CONVENTION,
ITS COMMISSIONERS
WITH THE ARMY AND IN THE COUN-
TRIES OF BELGIUM, LIÈGE, &c., . .
TO THE BELGIAN PEOPLE:
.
AU PEUPLE BELGE,
Des hommes qui jusqu'à ce jour ont Men who up to this day have per-
éternisé la misère et l'anéantissement petuated the misery and ruin of the
de la classe industrieuse, ne négligent industrial classes are neglecting noth-
rien pour vous exciter contre les Fran- ing to excite you against the French
çais, et vous faire rentrer sous le joug and make you return under the Aus-
autrichien. Ils ne rougissent pas de trian yoke. They do not blush to
nous calomnier avec impudence, de calumniate us with effrontery, to de-
nous peindre comme des athées, des pict us as atheists, as cannibals who
cannibales qui foulent aux pieds les trample under foot laws human and
lois divines et humaines.
divine.
Les Français, des athées et des can- Frenchmen atheists and cannibals!
nibales! . . . eux qui, dès 1789, ont they who, since 1789 have pro-
proclamé les Droits de l'homme, sous claimed the Rights of Man, under the
les auspices de l'Etre suprème! eux auspices of the Supreme Being! they
qui, dès 1790, ont juré une paix im- who, since 1790 have vowed immortal
mortelle à tous les peuples de la terre, peace for all the peoples of the earth,
et mis en pratique cette belle maxime and put in practice that noble maxim
du fils de Dieu : il faut aimer son pro- of the Son of God; Love thy neighbor
chain
comme
soi-même! ... Les as thyself! ... Frenchmen trample
Français fouler aux pieds les lois di- under foot laws human and divine !
vines et humaines ! . eux qui rap- they who are recalling the great
pellent ces beaux jours de l'Eglise days of the primitive Church, when
primitive, où les ministres du culte, the ministers of religion, chosen by
choisis par les chrétiens, au lieu Christians, instead of displaying inso-
d'étaler un faste insolent, retradaient lent pomp, revived all the modesty of
dans une vie sainte et frugale toute la the apostles by a holy and frugal life.
modestie des apôtres.
1 Arch. parl., 1st series, vol. 59, p. 175.
BELGIAN COMMUNES AND THE RHINE VALLEY, 1793
319
Tout rappelle en France les premiers In France all things recall the first
siècles du catholicisme. Les citoyens centuries of Catholicism. Citizens
conimencent à goûter le vertueux plai- are beginning to enjoy the virtuous
sir de la fraternité. Les pauvres, ces pleasure of fraternity. The poor,
enfants chéris du héros de l'Evangile, those cherished children of the hero
ne sont plus un objet de dédain. Les of the Gospels, are no longer objects
hommes se rapprochent, s'aident mu- of disdain. Men approach each
tuellement, s'exhortent à la pratique cther, mutually aid each other, exhort
des vertus sociales, donnent leur su- each other to the practice of social
perflu, quelquefois leur nécessaire, aux virtues, give of their surplus, some-
hommes moins heureux ou plus infor- times of their necessity, to men less
tunés. Des chanoines, des abbés, des happy or more unfortunate. Canons,
prieurs n'attirent plus à eux toutes les abbés, priors no longer draw all
richesses; le Sauveur de monde ne les wealth to themselves; the Savior of
avait pas établis; il n'avait institué the world did not create them; he had
pour prêcher la sublime morale, que instituted to preach his sublime
des apôtres et des disciples, c'est-à- morality only apostles and disciples,
dire des évêques, des curés, des vi- that is to say, bishops, curates and
caires; et il avait prononcé anathème vicars; and he pronounced anathema
sur les faux prophètes, sur les hommes upon false prophets, upon men who
qui oseraient imiter les pharisiens, sur
dared to imitate the Pharisees, upon
les prêtres indignes, dont l'avarice met- unworthy priests, whose avarice put
tait le salut du monde à l'encan.
the salvation of the world up at auc-
tion.
“Ministres de Dieu, s'écrie le "Ministers of God," cries the
prophète Isaïe, vous serez appelés; prophet Isaiah," you shall be called;
prêtres du Seigneur, vous serez nom- you shall be named the priests of the
més; vous vous enorgueillirez de leur Lord; you shall possess yourselves of
gloire; mais, pour votre double honte the wealth of the nations, and in their
et votre double confusion, les nations glory shall you boast yourselves; but
reprendront leur héritage. Remis en- for your double shame and your
tre leurs mains, leurs moyens de pros-
double confusion, the nations shall
périté doubleront, et je serai au milieu take back their heritage. In their
d'eux, dit le Seigneur; parce que je hands shall their ways of prosperity
hais la rapine et l'argent dans les double, and I will be in the midst of
prêtres et le sacerdoce.”
them, saith the Lord; for I hate rob-
bery and riches among priests and the
priesthood."
Ouvrez la Bible, hommes égarés par Open the Bible, ye men led astray
les hypocrites qui corrompent la mo- by hypocrites who corrupt the morals :
rale de l'Evangile, qui perdent la re- of the Gospel, who ruin religion, who
320
DOCUMENTS
ligion, qui déshonorent l'Eglise; dishonor the Church; open the Bible
ouvrez la Bible, et vous y lirez l'arrêt and you will read there the just and
équitable et foudroyant que nous blasting judgment that we have just
venons de citer.
cited.
Ah! sans doute il doit être las, ce
Ah! doubtless he must be weary,
Dieu, de voir depuis si longtemps la this God, to witness for so long a time
honteuse faiblesse des uns, et l'exécra- the shameful weakness of some and
ble tyrannie des autres. Il doit être the execrable tyranny of others. He
las de voir les artisans et les laboureurs must be weary to see artisans and
ne travailler que pour ramper aux
laborers working only to crawl at the
pieds de leurs semblables, et pour ali- feet of their fellows, and to feed the
menter les vices du plus petit nombre. vices of the minority. He must be
Il doit être las de voir qu'une poignée weary to see that a mere handful of
d'individus abuse de son nom pour persons abuse his name to afflict, im-
désoler, appauvrir, humilier ses créa- poverish, humiliate his creatures. He
tures. Il est las, ce Dieu, d'être le is weary, this God, of being the ac-
complice de vos oppresseurs. C'est complice of your oppressors. It is
lui qui vient de réveiller les nations he who comes to waken the sleeping
endormies, et de sonner l'heure der nations, and to sound the last hour of
nière des tyrans.
tyrants.
Les rois de la terre, a-t-il dit par The kings of the earth, he has said
l'organe du prophète déjà cité, seront by the mouth of the prophet already
assemblés en troupe comme des pris- quoted, shall be assembled in a troop
onniers, jetés dans des fosses et des like prisoners, thrown into ditches and
cachots. Il a livré leurs armées pour dungeons. He has delivered their
être tuées; elles tomberont comme la armies to be killed; they shall fall like
feuille de la vigne. . Il n'y aura
the leaves of the vine. There
plus de royaumes, et tous les gouverne-
shall be no more kingdoms, and all
ments seront réduits à rien.
governments shall be reduced to
nothing.
Eh! n'avons-nous pas été assez
Ah! have we not been so happy as
heureux pour voir accomplir cette to see the accomplishment of this as-
étonnante prédiction?
tonishing prophecy?
Il faut être aussi perfide qu'un
One must be as false as a mod-
pharisien du siècle, pour oser mécon- ern pharisee, to dare to mistake the
naître le doigt de la Providence dans finger of Providence in the unheard
les succès inouïs de notre République. of successes of our Republic. This
Cette armée innombrable, accourue du innumerable army rushing from the
fond du Nord pour écraser la nation depths of the North to overwhelm
française, obligée de se replier hon- the French nation, obliged to retire
teusement après quelques succès dus shamefully after a few successes due
!
BELGIAN COMMUNES AND THE RHINE VALLEY, 1793
321
à la trahison, expirant de faim et de to treason, dying of hunger and dis-
maladies dans les lieux qui furent le ease in the places that were the the-
théâtre de ses brigandages et de ses atre of their brigandage and cruelty;
cruautés; le drapeau national planté the national flag planted on the sum-
sur la cime des Alpes, et déployant ses mit of the Alps, and displaying its tri-
trois couleurs jusqu'aux bords de la color even to the banks of the Meuse
Meuse et du Rhin; des montagnes in-
and the Rhine; inaccessible moun-
accessibles, emportées d'assaut; de tains taken by assault; veteran sol-
vieux soldats retranchés derrière ces diers intrenched behind these steep
collines effrayantes, obligés de fuir hills obliged to flee before untrained
devant une jeunesse inaguerrie; le youth; Hainault, Flanders, Brabant,
Hainaut, la Flandre, le Brabant, le Liège occupied by the French armies;
pays de Liège, occupés par les armées the madness which possesses all the
françaises ; l'esprit de vertige qui kings of the earth; the mistakes, the
s'empare de tous les rois de la terre; crimes with which they heap the
les fautes, les crimes dont ils comblent measure; the assassination of which
la mesure; l'assassinat dont le prince the prince of Rome, unworthy suc-
de Rome, indigne successeur de Saint- cessor of Saint Peter, has recently
Pierre, vient de se rendre coupable; made himself guilty; this France,
cette France debout et encore vivante standing still alive after four years
après quatre années de révolutions, of revolutions, inexhaustible in men,
inépuisable en hommes, en ressources, in resources, in virtue, counting her
en vertus, ne comptant plus ses jours days only in marvellous deeds and
que par des actions miraculeuses et astonishing signs of patriotism.
des traits de patriotisme étonnants.
Quoi, Belges! rien n'a pu vous What, Belgians! could nothing
dessiller les yeux ? Vous osez mécon- unseal your eyes? Do you dare to
naître dans cette longue série de prodi- deny the hands of the Omnipotent in
ges, la main du Tout-Puissant, les this long series of prodigies, the ef-
effets de la justice divine, de la ven-
fects of divine justice, of the venge-
geance de l'Eternel qui accomplit en- ance of the Eternal who at length ac-
fin ses promesses, et donne à la terre complishes his promises, and gives the
ce Bonheur promis depuis si long- world the happiness promised so long
temps. Non ... non, les hommes ago.
No.
no, men are not
ne sont pas jetés ici-bas pour le bon thrown here below for the good pleas-
plaisir de quelques brigands privi- ure of a few privileged brigands.
légiés. Les maux de l'espèce humaine The sufferings of the human race have
durent depuis quatre mille ans; il est lasted for four thousand years; it is
temps que le règne des despotes finisse, time that the reign of despots should
et que celui des opprimés commence. end, and that of the oppressed begin.
Peuple belge! il dépend de vous de Belgian people! it depends on you, to
•
322
DOCUMENTS
faire, dès ce moment, commencer le begin yours from this moment. The
vôtre. La Convention nationale de National Convention of France wants
France veut que vous soyez tous libres, you all to be free, all equal in rights;
tous égaux en droits; et c'est à ce and to this great end lead all their
grand but que tendent ses décrets si decrees so cunningly denatured, so
astucieusement dénaturés, si auda- boldly calumniated by those perverse
cieusement calomniés par ces hommes men who seek to usurp your sover-
pervers qui cherchent à usurper votre eignty, while feigning to defend it.
souveraineté, en feignant de la dé- Citizens, the moment to declare
fendre.... Citoyens, le moment de yourselves has come. The decree of
vous expliquer est arrivé. Le décret January 31 last, fixed a limit for
du 31 janvier dernier vous a fixé un you to decide whether you wished to
délai pour déclarer si vous vouliez be our friends or our enemies: this
être nos amis ou nos ennemis : ce délai limit is expiring, and we shall make
expire, nous vous ferons connaître in- known to you immediately the days
cessamment les jours et les lieux où and places when and where you must
vous devrez en conséquence vous ré- consequently come together to pro-
unir pour prononcer en souverains sur
nounce as sovereigns upon your des-
votre sort.
tiny.
Fait à Bruxelles, le 19 février 1793, Done at Brussels, February 19,
l'an II de la République française. 1793, Year II of the French Republic.
Signe: DELACROIX, GOSSUIN, (Signed): DELACROIX, GOSSUIN,
MERLIN (de Douai).
MERLIN (de Douai).
The Union of Brussels, Ghent and other Belgian Cities with France. Extracts
from the Minutes of the National Convention. February 27–March 2,
1793 1
CONVENTION NATIONALE
NATIONAL CONVENTION
Séance du mercredi 27 février 1793 Session of Wednesday, February 27,
1793
PRÉSIDENCE DE DUBOIS-CRANCÉ, DUBOIS CRANCÉ, President, presid-
président.
ing
PRIEUR (de la Marne), secrétaire, PRIEUR (of the Marne) secretary,
reprend la lecture des lettres, adresses resumes the reading of the letters, ad-
et pétitions envoyées à l'Assemblée: dresses, and petitions sent to the As-
sembly:
1 Arch. parl., 1st series, vol. 59, p. 296.
BELGIAN COMMUNES AND THE RHINE VALLEY, 1793
323
Lettre des citoyens Gossuin, Letter from Citizens Gossuin, Mer-
Merlin (de Douai), Camus et Dela- lin (de Douai), Camus and Dela-
croix, commissaires de la Convention croix, Commissioners of the National
nationale dans la Belgique, qui an- Convention in Belgium, which an-
noncent que le peuple de Bruxelles, nounces that the people of Brussels,
dans une réunion très nombreuse, in a large assembly, have voted for
a voté sa réunion à la France; cette their union with France; this letter is
lettre est ainsi conçue:
thus expressed:
Bruxelles, le 25 février 1793. "Brussels, February 25, 1793.
Citoyens nos collègues, le peuple Citizens and colleagues, the peo-
de la ville de Bruxelles vient de voter ple of the City of Brussels have just
sa réunion à la République française. voted for their union with the French
L'Assemblée était nombreuse, et le Republic. The Assembly was large,
veu a été unanime; il a été accom- and the vote was unanimous; it was
pagné de toutes les démonstrations de accompanied by every demonstration
la plus vive satisfaction. Le peuple of the liveliest satisfaction. The
a envoyé une députation vers nous, people sent a deputation to us to in-
pour nous informer du résultat de form us of the result of the Assem-
l'Assemblée : nous avons embrassé les bly; we embraced the deputies as
députés comme frères; on a crié à brothers; vying with each other they
l'envi: Vive la République française, shouted: ‘Long live the French Re-
et vivent les 86 départements.
public, long live the 86 departments.'
Le canon tire, les cloches vont se Cannon are thundering, the bells
faire entendre; toute la journée, se are pealing; the whole day is being
passe en fêtes et en réjouissance; elle spent in celebration and rejoicing; it
sera terminée par des illuminations. will end with illuminations.
“Nous ne vous dirons rien de plus, “We will tell you nothing more in
pour laisser aux deputés du peuple, order to leave to the deputies of the
qui vont se rendre près de la Conven- people, who are going to present
tion, la satisfaction de rendre tous les themselves before the Convention, the
détails d'une réunion aussi heureuse, satisfaction of giving all the details
et votée avec autant d'empressement. of such a happy union, voted with so
much enthusiasm.
Signé: GOSSUIN, MERLIN (de Signed: GoSsuIN, MERLIN (de
Douai); Camus, DELACROIX." Douai); CAMUS, DELACROIX."
A cette lettre est joint le procès- To this letter is attached the formal
verbal qui constate le vou du peuple minute which certifies the vote of the
de Bruxelles qui est ainsi conçu: people of Brussels, which is in these
terms:
324
DOCUMENTS
Procès-verbal de l'Assemblée tenue Fornal Minute of the Assembly
à Bruxelles, le 25 février, 1793, l'an held at Brussels, the 25th of Febru-
II° des peuples libres, par le peuple de ary', 1793, Vear II of the Free Peo-
cette ville et de sa banlieue, pour sol- ples, by the People of this City and its
liciter de la Convention nationale sa suburbs, to beg of the National Con-
réunion à la France.
vention their Union with France.
“L'an II des peuples libres, et le “ Year II of the Free Peoples, Feb-
25 février, à 10 heures du matin, le ruary 25, at 10 o'clock in the morn-
peuple de la ville libre de Bruxelles et ing, the people of the Free City of
de sa banlieue assemblé en très grand Brussels and its suburbs assembled in
nombre dans l'église de Saint-Michel very large numbers in the church of
et Gudule conformément à la convo- Saint Michael and Saint Gudule in
cation qui a été faite par le général conformity with the summons which
Moreton, commandant en chef le was issued by General Moreton, Com-
Hainaut et le Brabant, laquelle a été mander-in-Chief in Hainault and Bra-
affichée et publiée aux termes du décret bant, which was posted and published
de la Convention nationale, du 31 jan- in the terms of the decree of the Na-
vier, pour émettre son veu sur la tional Convention of the 31st of
forme du gouvernement qui lui con- January, for the purpose of casting
vient le mieux; L. J. B. Lavalette, their vote in regard to the form of
lieutenant-colonel commandant le ba- government which best suits them;
taillon des Lombards, ayant été chargé L. J. B. Lavalette, Lieutenant Colonel
par le général Moreton de la repré- commanding the battalion of the
senter, et de remplir en son nom les Lombards, having been charged by
fonctions que le décret attribue aux General Moreton to represent him,
commandants militaires.
and to fulfil in his name the functions
which the decree assigns to military
commanders.
Lavalette a dit: Citoyens, c'est “Lavalette said: 'Citizens, by vir-
en vertu de la réquisition des commis- tue of the demand of the commission-
saires de la Convention nationale, ers of the National Convention, sent
députés dans la Belgique, et d'après les into Belgium, and according to the or-
ordres du général Moreton, que je ders of General Moreton, I come to
viens vous réunir par la lecture du call you together by reading the decree
décret et de la proclamation. Vous and the proclamation. You will un-
jugerez que l'objet qui vous rassemble derstand that the object which brings
est le plus important dont un peuple you together is the most important
puisse s'occuper ; vous allez prononcer with which a people can concern
entre la liberté et l'esclavage; vous themselves; you are to pronounce be-
allez choisir le gouvernement qui vous tween liberty and slavery; you are
convient le mieux; je vous engage à going to choose the government which
BELGIAN COMMUNES AND THE RHINE VALLEY, 1793
325
un
faire librement et avec courage le pre- best suits you; I invite you to per-
mier acte de souveraineté.
form the first act of sovereignty
freely and with courage.
“ Le discours du citoyen Lavalette " The discourse of citizen Laval-
a été souvent interrompu par l'impa- ette was frequently interrupted by the
tience que l'Assemblée témoignait impatience which the Assembly mani-
d'émettre son væu. La parole ayant
fested to cast its vote. Leave to
été donnée au citoyen Gonchon pour speak having been given to citizen
discours patriotique, et dont le but Gonchon in a patriotic discourse of
était d'éclairer le peuple sur ses vrais which the object was to enlighten the
intérêts, malgré les applaudissements people concerning their true inter-
dont les vérités qu'annonçait le cito- ests, in spite of the applause with
yen Gonchon étaient couvertes, il a which the truths that citizen Gonchon
été impossible d'arrêter l'ardeur des uttered were greeted, it was impos-
citoyens; ils ont ordonné l'impression sible to restrain the ardor of the citi-
du discours, et demandé à prononcer zens; they ordered the printing of the
un vau sur lesquels ils ont assuré discourse, and demanded to cast the
qu'ils étaient assez instruits.
vote concerning which they were sure
that they were sufficiently instructed.
“ Le citoyen Gonchon ayant ap- Citizen Gonchon
Gonchon having ap-
plaudi à l'ordre du peuple, Lavalette plauded the order of the people, Lava-
a dit: 'Peuple de Bruxelles, votre lette said: 'People of Brussels, your
impatience est bien louable; mais il impatience is most commendable. but,
faut, pour que les malveillants n'at- in order that the ill-disposed shall not
taquent point votre suffrage, que v attack your vote, it is necessary that
remplissiez les formes qui assurent la you should observe all the formalities
liberté de vos décisions. Vous avez that ensure the liberty of your deci-
un président et des secrétaires à élire: sion. You have a president and sec-
Quel mode voulez-vous employer pour retaries to elect. What method do
l'élection ? Le cri unanime a été par you wish to employ for the election?
acclamation, et surtout la réunion, la The unanimous cry was by acclama-
réunion! La présidence est mise aux ion, and above all union, union! The
voix: la grande majorité a porté le presidency being put to vote, the
citoyen J. B. C. Verlvoy qui, ayant great majority voted for citizen J. B.
prêté le serment, d'être fidèle à la C. Verlvoy who, having taken the
liberté et l'égalité, a occupé la place. oath to be faithful to liberty and
L'Assemblée de suite ayant procédé à equality, took his seat. The Assem-
l'élection des secrétaires, les citoyens bly having then proceeded to the elec-
Grégoire Lorrenzo, A. Dubremy, G. tion of secretaries, citizens Grégoire
J. Claisères, J. François Baret ont été Lorrenzo, A. Dubremy, G. J. Clai-
appelés au bureau; ils ont prêté le ser- res, J. François Baret were sum-
9
326
DOCUMENTS
ment. Le Président a proposé à l'as- moned to the office; they took the
semblée, avant de procéder à émettre oath. The President proposed to the
le veu, à prêter aussi le serment à la Assembly, before proceeding to cast
liberté et à l'égalité. Les transports
Les transports the vote, to take the oath of liberty
les plus vifs se sont manifestés, et and equality also. The most eager
l'église a retenti des cris de fidélité à transports were manifested, and the
la liberté et à l'égalité, vive la Répub- . church rang with cries of fidelity to
lique française, vive la réunion. liberty and equality, long live the
French Republic, long live the union.
"... Lé président ayant rappelé
The president having recalled
l'assemblée au recueillement, a répété, the Assembly to order repeated the
au nom du peuple de Bruxelles et des oath, in the name of the people of
environs, le serment.
Brussels and its environs.
"... Le président ayant proposé
The President having pro-
les différents modes de voter, en a de- posed different methods of voting, the
mandé le mode d'acclamation. Le method by acclamation was demand-
président ayant demandé si on con- ed. The President having asked
naissait bien l'objet de la délibération, whether they were perfectly informed
tous répondent, oui, oui; alors il pro- of the object of the deliberation, they
pose que le peuple choisisse entre le all replied “Yes, yes”; he then pro-
gouvernement aristocratique, qui com- posed that the people should choose
prend les anciens Etats et le gouverne- between the aristocratic government,
ment autrichien et le démocratique. meaning the old States and the Aus-
Le veu unanime a annoncé qu'on trian government, and the democratic.
voulait le démocratique. Il a proposé The unanimous vote announced that
ensuite de prononcer entre le gouver- they wished the democratic. He then
nement simplement libre, ou la réunion proposed that they decide between a
départementale de la France.
government simply free, or depart-
mental union with France.
"... Que ceux qui veulent la ré-
. Let those who desire the un-
union à la France, a-t-il dit, passent à ion with France, said he, pass to the
gauche. Un cri spontané et universel left." A spontaneous and universal
a déclaré vouloir la réunion; les bras cry declared the wish for union; arms
se sont levés; tous ont crié: 'Nous were raised; everybody cried out:
sommes Français; vive la France; "We are French; long live France; we
nous voulons la réunion’: Le prési- want union’; The President repeats
dent répète le même cri; et alors le the same cry; and then the unanimous
veu unanime, vive la République, desire, ‘Long live the Republic, long
vive la réunion, se répète à l'envi. live the union,' was repeated by every
one.
"... Un citoyen fait la motion
“... A citizen makes a motion that
BELGIAN COMMUNES AND THE RHINE VALLEY, 1793
327
a
qu'il soit envoyé à la Convention une a deputation be sent to the National
députation pour porter le væu de ré- Convention to carry the vote for
union. Cette demande est adoptée à union. This demand was adopted
l'unanimité. Les citoyens Rojure, unanimously. Citizens Rojure,
Chapel, Lavalette et Verlvoy ont éte Chapel, Lavalette and Verlvoy were
chargés de porter ce vou à la Conven- charged to carry this vote to the Na-
tion nationale. On a demandé une tional Convention. A large deputa-
nombreuse députation aux députés de tion to the deputies of the Convention,
la Convention, commissaires dans la the commissioners in Belgium, was
Belgique. Chacun crié: Nous called for. Everybody cried: “We
irons tous. On a proposé qu'un regis- will all go.' It was proposed that a
tre serait ouvert à tous ceux qui vou- register should be opened for all those
draient protester contre la réunion. who wished to protest against the
Un mouvement d'horreur allait faire union.
union. A movement of horror was
rejeter cette proposition, si on n'avait about to reject this proposition, if it
dit qu'il ne fallait laisser aucune res- had not been said that no resource
source aux malveillants.
should be left to the evil-disposed.
"... Sur la motion d'un citoyen,
On motion of a citizen, it was
l'on a arrêté que le procés-verbal de decided that the official report of this
cette séance serait imprimé, affiché et session should be printed, posted and
envoyé à la Convention, aux 85 dé- sent to the Convention, to the 85 de-
partements, aux commissaires de la partments, to the commissioners of
Convention, du conseil exécutif, aux the Convention, to the Executive
généraux, commandants, aux autori- Council, to the generals, command-
tés constituées et aux sociétés patrio- ants, the constituted authorities, and
tiques.
patriotic societies.
... Un citoyen demande que “... A citizen asked that the hymn
l'hymne des Marseillais termine la of the Marseillais should conclude the
séance, et que les cris de réunion, de session, and that the shouts of union,
liberté et d'égalité se fassent entendre liberty and equality should make
dans toute la ville. (Adopté.) themselves heard throughout the city.
(Adopted.)
Fait et clos à midi, et ont ... Done and concluded at noon,
signé.” (Vifs applaudissements.) and signed.” (Great applause.)
.
CAMBON. Dans une affaire aussi CAMBON. In so important a mat-
importante, il faut soigneusement ter, it is necessary carefully to exam-
examiner si le veu a été librement ine whether the vote was freely given.
émis. Je demande que ce procès- I demand that the official report be
verbal soit renvoyé au comité de dé- sent to the Committee of General De-
fense générale.
fence.
328
DOCUMENTS
Plusieurs membres proposent que le Several members propose that the
renvoi soit fait de préférence au reference be made preferably to the
comité diplomatique.
Diplomatic Committee.
(La Convention prononce le renvoi (The Convention refers this letter
de cette lettre et du procès-verbal au and the formal minute to the Diplo-
comité diplomatique.)
matic Committee.)
CAMBON. Voilà le moment heu- CAMBON This is the happy mo-
reux où le décret du 15 décembre, tant ment when the decree of the 15th of
calomnié, a fait triompher la démo- December, so much calumniated, has
cratie; mais ce décret n'est pas totale- brought about the triumph of democ-
ment exécuté. Vos commissaires racy; but this decree was not wholly
vous envoient bien exactement le vou carried out. Your commissioners
des villes ; mais les commissaires na- send you very carefully the vote of
tionaux nommés par le conseil exécu- the cities; but the national commis-
tif, négligent de vous transmettre le sioners named by the Executive Coun-
veu des campagnes. Je suis étonné cil, neglect to transmit to you the vote
que le conseil exécutif ne leur rap- of the country places. I am aston-
pelle pas ce devoir; cependant je sais ished that the Executive Council does
que vers le Namurois, presque toutes not recall this duty to them; neverthe-
les communes ont déjà voté pour leur less I know that in the neighborhood
réunion. Je demande que le conseil of Namur, nearly all the communes
exécutif nous rende compte des opéra- have already voted for union. I de-
tions des commissaires nationaux en- mand that the executive council give
voyés dans la Belgique, et qu'il soit us a report of the operations of the
tenu de nous transmettre les procès- rational commissioners sent into Bel-
verbaux qui constatent le võu de ces gium, and that it be held accountable
peuples.
for transmitting to us the official re-
ports which certify the vote of those
people.
(La Convention nationale décrète (The National Convention decrees
quc le conseil exécutif provisoire en- that the Provisional Executive Coun-
verra un de ses inembres pour lui cil shall send one of its members at
rendre, demain à midi, compte des noon to-morrow to render an account
opérations des commissaires par lui of the operations of the commission-
envoyés dans les pays occupés par les crs sent by it into the places occupied
troupes de la République, et remettre by the troops of the Republic, and to
à la Convention les procès-verbaux de transmit to the Convention the forinal
réunion à la France demandées par minutes of the union with France
différents peuples.)
asked by different peoples.)
BELGIAN COMMUNES AND THE RHINE VALLEY, 1793
329
Séance du vendredi 1er mars 1793.
Session of Friday, March 1, 1793.
Lettre des commissaires de la Con- Letter from the Commissioners
sioner
vention dans la Belgique et le pays of the Convention in Belgium and
de Liège par laquelle ils annoncent que the District of Liège in which they
sur 330 communes qui composent la announce that out of 330 communes
province du Hainaut autrichien, 300 which form the province of Austrian
ont voté unanimement pour leur ré- Hainault, 300 have voted unanimous-
union à la France sous le nom de dé- ly for their union with France under
partement de Jemmapes: en voici the name of the Department of Jem-
l'extrait :
mapes; the extract follows:
“Les commissaires nationaux, en-
“ The national commissioners sent
voyés par le conseil exécutif dans le by the Executive Council into the
ci-devant Hainaut autrichien, viennent former Austrian Hainault, have just
de nous rendre compte du résultat de given us an account of the results of
leurs opérations.
their operations.
Cette province est composée de “ This province is composed of 330
330 communes, et 300 ont émis leur communes and 300 have given their
veu unanime de leur réunion à la unanimous vote
vote for union
for union with
France, pour former un des départe- France, in order to make one of the
ments de la République, une et indi- departments of the Republic, one and
visible, sous le nom de département de indivisible, under the name of the De-
Jemmapes. Parmi les 30 autres, partment of Jemmapes. Among the
quelques-unes, ou n'ont point émis de other thirty some have either not
vou, ou ont déclaré adhérer à celui given any vote at all, or have declared
de la majorité, quel qu'il fût, ou bien they would adhere to that of the ma-
n'ont pu, à raison de circonstances jority, whatever it might be, or have
particulières, s'assembler. Un très not been able, from some particular
petit nombre sur les 30 a émis un vou circumstances, to meet together. A
contraire à la réunion. Les députés very small number out of the thirty
du pays partent demain pour vous have given their vote against the
porter les procès-verbaux d'assemblée, union. The deputies of the district
vous rendre compte de tous les détails, leave to-morrow to carry to you the
et solliciter un décret de réunion qu'ils formal minutes of the assemblies,
sont très empressés d'obtenir; et ils to give you an account of all the
nous ont priés de vous engager à vous details, and to beg for a decree of
rendre sans délai à leurs voeux. La union which they are very anxious
position du pays, sa langue, ses usages, to obtain, and they have begged us
plus que tout cela, son empressement to urge you to carry out their wishes
à quitter ce nom de Hainaut autri- without delay. The position of the
330
DOCUMENTS
chien, pour prendre celui de Jem- country, its language, its customs,
mapes, nom mémorable à jamais dans and more than all that, its eagerness
les fastes de l'histoire des peuples to drop this name of Austrian
libres, les assurent du succès de leur Hainault, in order to take that of
demande."
Jemmapes, a name forever memorable
in the annals of the history of free
peoples, ensure them success in their
demand.”
(La Convention renvoie la lettre au
comité diplomatique.)
(The Convention refers the letter
to the Diplomatic Committee.)
Lettre de Lebrun, ministre des af- Letter from Lebrun, Minister of
faires étrangères, qui fait passer à la Foreign Affairs, which transmits to
Convention:
the Convention :
1° Le procès-verbal de l'assemblée 1. The official record of the con-
communale du peuple libre de Dinant, munal assembly of the free people of
dans laquelle il a voté sa réunion à Dinant, in which they voted their
la France, et d'être gouverné dès à union with France, and their govern-
présent par les lois françaises;
ment from the present time by French
laws;
2L'adresse de la même ville à la 2. The address of the same town
Convention;
to the Convention;
3° Le procès-verbal particulier de 3. The special official report of
la ville de Cuincy et de sa banlieue, the town of Cuincy and its suburbs,
qui exprime le même veu de réunion; expressing the same vote for union;
4º La lettre du citoyen Bosque, qui 4. The letter of citizen Bosque,
annonce la nouvelle d'un vou sembla- who announces the news of a similar
ble dans tout l'arrondisement et l'en- vote in the whole district, and the
voi prochain des procès-verbaux qui le early transmission of the official re-
constatent.
ports certifying it.
(La Convention renvoie la lettre du (The Convention refers the letter
ministre et les pièces jointes au comité of the Minister and the accompanying
diplomatique, chargé de faire inces- papers to the Diplomatic Committee,
sainient son rapport.)
instructed to make an immediate re-
port.)
Une députation des citoyens de la A deputation of citizens from the
ville libre de Gand et de sa banlieue free city of Ghent and its suburbs
se présente à la barre.
presents itself at the bar, CITIZEN
Le citoyen Meyer, orateur de la MEYER, the orator of the deputation,
députation, s'exprime ainsi :
speaks as follows:
“Législateurs, des hommes perfides, “ Legislators: malicious men, par-
BELGIAN COMMUNES AND THE RHINE VALLEY, 1793
331
des partisans de l'aristocratie nobi- tisans of the priestly and noble
liaire et sacerdotale, de prétendus re- aristocracy, pretended representa-
présentants de la Flandre, se sont auda- tives of Flanders, boldly presented
cieusement présentés à cette assemblée themselves to this august assembly to
auguste pour demander le rapport et demand the report and the revoca-
la révocation de votre décret des 15, tion of your decree of the 15th, 17th
17 et 22 octobre dernier, sous le faux and 23d of October last, under the
prétexte qu'il blessait la souveraineté false pretext that it injured the
du peuple; ils ont cru, les insensés, ils sovereignty of the people; they be-
ont cru pouvoir égarer votre sagesse, lieved, the madmen, they believed
et surprendre votre justice; mais leurs that they could mislead your wisdom
coupables démarches n'ont produit and take by surprise your justice;
d'autre effet que la honte et l'opprobre but their guilty actions produced no
clont ils se sont couverts.
other effect than the shame and op-
probrium with which they were
covered.
Législateurs, prononcez sur leur “Legislators, pronounce upon their
sort, unissez à jamais à la France une destiny, unite forever to France a part
partie de la Belgique, que les rivalités of Belgium which the rivalries of
des tyrans qui la dominaient n'ont pu tyrants who have ruled it have not
rendre ennemie; nous jurons, au nom been able to make your enemy; we
des Flamands qui nous ont députés swear in the name of the Flemings
vers vous, haine aux tyrans, amour au who have sent us to you, hatred to
peuple, union et fraternité à la nation tyrants, love to the people, union and
française.”
fraternity to the French nation."
LE PRÉSIDENT. Citoyens, ils ont THE PRESIDENT. Citizens, the
donc pris racine dans votre patrie les pure principles of liberty have then
principes purs de liberté, principes taken root in your country, principles
dont la seule pensée était un délit aux of which the thought alone was a
yeux des despotes, prêtres, rois et crime in the eyes of the despots,
nobles, qui, toujours en guerre entre priests, kings and nobles who, always
eux, mais constamment ligués contre at war among themselves, but ever
les peuples, ont souillé si longtemps leagued against the people, have so
la terre des crimes de leur orgeuil. long sullied the earth with the crimes
of their pride.
La Convention nationale, déjà unie The National Convention, already
de coeur avec le peuple belge, prendra united at heart with the Belgian
en grande considération l'objet de people, will take into serious consid-
votre mission; elle n'attend de son eration the object of your mission;
comité diplomatique que les renseigne- it awaits from its Diplomatic Com-
332
DOCUMENTS
ments nécessaires pour sceller du sceau mittee only the necessary information
de la justice, et de la plus douce fra- to seal with the seal of justice and the
ternité, l'incorporation de deux na- warmest fraternity, the incorporation
tions qu'aucune puissance ne pourra
of the two nations which no power
plus séparer.
shall longer separate.
La Convention vous invite à sa The Convention invites you to its
séance.
session.
CHARLIER, secrétaire, donne alors CHARLIER, secretary, then reads the
lecture du procès-verbal de l'assemblée formal minute of the assembly of the
des citoyens de la ville libre de Gand citizens of the free city of Ghent and
et de sa banlieue; il est ainsi conçu: its suburbs; it is as follows:
LIBERTÉ, EGALITÉ
LIBERTY AND EQUALITY
Aujourd'hui, 22 février 1793, l'an This day, the 22d of February,
II° des peuples libres; le peuple de la 1793, Year II of the free peoples ;
ville de Gand, et banlieue, assemblé en the people of the City of Ghent and its
grand nombre en l'église cathédrale de suburbs, assembled in large numbers
Saint-Baron, d'après la convocation in the cathedral church of Saint
solennelle, et par écrit, faite par le Baron, after the solemn summons,
commandant Ferrand, répétée à plu- made also in writing, by the Com-
sieurs reprises dans tous les carrefours mandant Ferrand and repeated sev-
et dans la banlieue, à l'effet de dé- eral times in all the squares and in the
libérer et de voter sur la forme de suburbs, for the purpose of deliberat-
gouvernement qui convient à la Flan- ing and voting upon the form of gov-
dre orientale.
ernment which suits eastern Flanders.
Le commandant de cette ville. a ré- The Commandant of this city re-
pété à haute et intelligible voix sa peated his proclamation in a loud and
proclamation, et annoncé, au nom de clear voice, and in the name of the
la République française, paix et fra- French Republic, announced peace
ternité. Il a ensuite déclaré, ainsi que and fraternity. He then declared, as
le citoyen Alexandre Courtois, com- did Citizen Alexandre Courtois also,
missaire national du pouvoir exécutif National Commissioner of the execu-
dans la Flandre orientale, qu'ils ve- tive power for eastern Flanders, that
naient assurer la liberté des suffrages they came to insure the liberty of
et qu'ils se retireraient au moment de suffrage and that they would retire
leur émission.
at the moment of its being cast.
Alexandre Courtois a proposé de Alexandre Courtois proposed the
nommer un président; toutes les voix nomination of a president: all voices
se sont réunies en faveur de Jacques- united in favor of Jacques-Guillaume
Guillaume Meyer, homme de loi; il a Meyer, lawyer; it was then proposed
été proposé ensuite de nommer quatre to name four secretaries; Citizens
-
BELGIAN COMMUNES AND THE RHINE VALLEY, 1793
333
secrétaires; les citoyens Erasme Van- Erasme Vander-Steene, du Booch,
der-Steene, du Booch, Antheunis, Antheunis, and Van-Straclen, were
Van-Straclen, ont été nommés par ac- nominated by acclamation; they took
clamation; ils ont prêté le serment the required oath between the hands
requis entre les mains du président of the president as he had taken it in
comme il l'avait prêté à son tour entre his turn between the hands of the na-
les mains du commissaire national. tional commissioner.
Alexandre Courtois fait un discours Alexandre Courtois gave an elo-
éloquent et patriotique sur l'état poli- quent and patriotic discourse on the
tique de la Belgique, sur l'importance political state of Belgium, on the
des droits et des devoirs que les cito- importance of the rights and duties
yens allaient exercer et remplir; et which the citizens were about to
sans influencer en rien les opinions, il exercise and fulfil; and without in any
finit par une peinture touchante de la way influencing opinions, he finished
liberté universelle.
with a touching picture of universal
liberty.
Le président lui répond: Vous avez The President replied to him:
parlé des droits du peuple en homme “You have spoken of the rights of the
qui a su les défendre; depuis long- people as a man who knew how to
temps vous avez mérité l'estime des defend them; you have long merited
Flamands, et par votre éloquence per- the esteem of the Flemings, both by
suasive, et par la douceur de vos your persuasive eloquence and by the
mæurs. Je vous répète en leur nom gentleness of your manners.
le témoignage de cette estime. (Vifs peat to you in their name the testi-
applaudissements.) Alexandre Cour- mony of that esteem.” (Great ap-
tois se retire.
plause.) Alexandre Courtois retires.
Le président fait renouveler le ser- The president orders a renewal of
ment de fidélite à la liberté et à the oath of fidelity to liberty and
l'égalité, dans les formes prescrites equality, in the form prescribed by
par le décret du 15; il est prêté a the decree of the 15th. It was taken
l'unanimité. Ensuite il prévient l'as- unanimously. Then he notifies the
semblée qu'il y a un registre préparé Assembly that there is a register pre-
où les citoyens peuvent aller signer pared to which citizens can go and
leur renonciation à tous privilèges et sign their renunciation of all privi-
prérogatives. Il prononce un dis- leges and prerogatives. He delivers
cours énergique sur les circonstances an energetic discourse on present con-
actuelles, qui est souvent interrompu ditions, which is frequently inter-
par des applaudissements.
rupted by applause.
Il propose les différents modes de
He proposes different methods of
voter; l'assemblée délibère de toutes voting; the assembly decides unan-
voix qu'il sera voté par acclamation. imously that it will vote by accla-
I re-
334
DOCUMENTS
Il demande ensuite si l'assemblée a mation. He then asks if the as-
mûrement réfléchi sur le choix du sembly has maturely reflected upon
gouvernement qu'elle doit adopter; the choice of the government that it
tous répondent oui. Il propose trois
Il propose trois should adopt; all reply “Yes." He
formes de gouvernement, qu'il ex- proposes three forms of government,
plique; l'ancienne et défectueuse con- which he explains; the old and de-
stitution, la république purement dé- fective constitution, the republic,
mocratique et indépendante, enfin, purely democratic and independent,
l'union départementaire à la France; finally, departmental union with
il veut poser séparativement les ques- France; he desires to put the ques-
tions; il propose que ceux qui vote- tions separately; he proposes that
ront pour l'union départementaire se those who vote for departmental union
retirent à gauche, et ceux d'un avis shall pass to the left, and those of
contraire à droite. Tout à coup, et contrary opinion to the right. Sud-
par un mouvement spontané, toute denly, by a spontaneous movement,
l'assemblée adopte l'union départe- the entire assembly adopts depart-
mentaire; tous les bras sont levés, mental union; all arms are raised, all
toutes les voix crient; Vive la France! voices cry: Long live France!
Nous sommes Français!
We are Frenchmen!"
Le président répète lui-même ces The president himself repeats these
cris et salue la France au nom des shouts and salutes France in the name
Flamands; il demande un instant de of the Flemings; he calls for a
silence et de recueillement sur le veu moment of silence and meditation
qui vient d'être émis; les cris de: upon the vote which has just been
Vive la République française! vive given; cries of “Long live the French
l'union! vive la liberté! se répètent en Republic! long live the Union! long
chceur.
live Liberty!” are repeated in chorus.
Plusieurs citoyens demandent que,
Several citizens demand that with-
sans délai, le væu qui vient d'être pro- out delay the vote which has just
noncé soit porté à la Convention na- been pronounced shall be carried to
tionale de France, et qu'il lui soit de-
the National Convention of France,
mandé de faire de la Flandre orien- and that it be asked to make eastern
tale un département sous la dénomi- Flanders a department under the
nation des Plaines du Nord. Cette denomination of Plaines du Nord.
demande est arrêtée à l'unanimité; et This demand is unanimously agreed
les citoyens Meyer, la Valeste et upon; and citizens Meyer, la Valeste
Erasme Van-der-Steene, sont nommés and Erasme Van-der-Steene,
pour cette députation. Van-der-Lin- named for this deputation. Ven-der-
den et de Neck sont aussi proposés. Linden and de Neck are also pro-
(Applaudissements.)
posed. (Applause.)
are
BELGIAN COMMUNES AND THE RHINE VALLEY, 1793
335
L'union prononcée sans retour et Union declared without recall and
sans condition, on propose de charger without condition, it is proposed to
les députés de prier la Convention na- charge the deputies to beg the Na-
tionale de déclarer que le papier mon- tional Convention to declare that the
nayé ou assignats de la République paper money or assignats of the
française n'aura point d'effet rétro- French Republic shall have no re-
actif, comme nos frères et amis les troactive effect, as our brothers the
Liégeois l'ont desiré.
people at Liege have desired.
On propose une fête. (Adopté.) A celebration is proposed. (Adopt-
ed.)
Un citoyen demande que le procès- A citizen asks that the formal min-
verbal de cette séance soit imprimé, et ute of this meeting shall be printed
envoyé à la Convention nationale, à and sent to the National Convention,
ses commissaires dans la Belgique, aux to its commissioners in Belgium, to
commissaires nationaux du pouvoir the national commissioners of the
exécutif, aux généraux d'armée et executive power, to the generals of
commandants de place dans la Flan- the army and commandants of towns
dre, aux quatre-vingt-cinq départe- in Flanders, to the eighty-five depart-
ments, aux autorités constituées, et ments, to the constituted authorities,
sociétés patriotiques de la Belgique et and the patriotic societies of Bel-
du pays de Liège. (Adopté.) gium and the district of Liège.
(Adopted.)
Le président, au nom de l'assemblée, The President, in the name of the
après en avoir recueilli le væu, an- Assembly, after having taken the vote,
nonce qu'il sera ouvert dans tout le announces that there will remain open
jour un registre où tous les citoyens all day a register in which citizens
qui voudraient protester, et ceux qui who may wish to protest, and those
voudraient émettre un veu différent who wish to give a different vote
de celui qui vient d'être prononcé sur from that which has just been
la réunion, pourront inscrire leur dé- pronounced in regard to union, may
claration.
inscribe their declaration.
Le citoyen Antoine de Neve a été Citizen Antoine de Nève was pro-
proposé et agréé pour requérir la mu- posed and accepted to require the
nicipalité de tenir ce registre ouvert, et Municipality to keep this register
de le remettre au président dans les 24 open, and to send it to the President
heures.
within 24 hours.
Le citoyen de Moor demande à
pou- Citizen de Moor asks permission to
voir voler aux frontières à la tête de fly to the frontiers at the head of 1000
1,000 sans-culottes. (Vifs applau- sans-culottes. (Great applause.)
dissements.)
336
DOCUMENTS
Fait et clos les jour et an susdits, à Done and concluded the above day
dix heures du matin.
and year at 10 o'clock in the morn-
ing
Signé: J. G. MEYER, président; E. (Signed) J. G. MEYER, President;
VANDER-STEENE, secrétaire; J. J. E. VANDER-STEENE, J. J. ANTHEU-
ANTHEUNIS, J. J. VAN-STRACLEN, NIS, J. J. VAN-STRACLEN, DUBOSCH,
secrétaire; DUBOSCH, secrétaire. Secretaries.
Je soussigné, commissaire national I the undersigned, National Com-
dans la Flandre orientale, certifie que missioner in Eastern Flanders, certify
les signatures des citoyens Meyer, that the signatures of Citizens Meyer,
Vander-Steene, Antheunis, Van- Vander-Steene, Antheunis, Van-Strac-
Straclen et Dubosch sont vraiment len, and Dubosch are actually those of
celles de ces citoyens.
these citizens.
A Gand, ce 23 février, l'an II de la At Ghent, this 23d of February,
République française.
Year II of the French Republic.
Signé: ALEXANDRE COURTOIS. (Signed) ALEXANDRE COURTOIS.
Nous soussignés, officiers inunici- We the undersigned, municipal of-
paux, de la ville libre de Gand, ficers of the Free City of Ghent,
chargés de recueillir les protestations charged with receiving the protests
que les citoyens de cette ville auraient that the citizens of this city might
pu faire contre la légalité du væu make against the legality of the vote
pour la réunion de cette ville et ses for the union of this city and its
banlieues à la République française, suburbs with the French Republic,
spontanément et librement émis par le spontaneously and freely given by the
peuple souverain, en date de hier, cer- sovereign people, under date of
tifions que personne ne s'est présenté, yesterday, certify that no one has
soit pour protester, soit pour contre- presented himself, either to protest or
dire, en quelque manière que ce puisse to contradict, in any manner what-
être, ledit væu du peuple. En foi de soever, the said vote of the people.
quoi nous avons signé.
In witness whereof we have signed.
A Gand, le 23 février 1793, à midi, Ghent, the 23d day of February,
l'an II de la République française. 1793, Year II of the French Republic.
Signé: J. CRISPAL, B. VAN-WAU- (Signed) J. CRISPAL, B. VAN-
WAUBEKE.
Je soussigné, commissaire national I the undersigned, National Com-
dans la Flandre orientale, certifie que missioner in Eastern Flanders, certify
les signatures ci-dessus sont véritable- that the above signatures are actually
ment celles des citoyens Van-Waubeke those of Citizens Van-Waubeke and
et Crispal, officiers municipaux en Crispal, municipal officers of this city.
cette ville.
BEKE.
BELGIAN COMMUNES AND THE RHINE VALLEY, 1793
337
A Gand, le 23 février, l'an II de la Ghent, the 23d February, Year II
République française.
of the French Republic.
Signé: ALEXANDRE COURTOIS. (Signed) ALEXANDRE COURTOIS.
(La Convention décrète que le dis- (The Convention decrees that the
cours des députés belges, la réponse discourse of the Belgian deputies, the
du président, ainsi que le procès-verbal reply of the president, as well as the
de l'assemblée des citoyens de Gand official report of the assembly of the
seront insérés au Bulletin, imprimés citizens of Ghent shall be inserted in
et renvoyés aux départenients et aux the Bulletin, printed and sent to the
armées.)
departments and to the arinies.)
Les quatre députés belges entrent The four Belgian deputies enter the
dans la salle; ils reçoivent du président hall; they receive froni the president
le baiser fraternel; on les couvre d'ap- the fraternal kiss; they are greeted
plaudissements. ...
zeith applause.
CARNOT, au nom du comité diplo- CARNOT, in the name of the Diplo-
inatique, fait un rapport et présente un matic Committee, makes a report and
projet de décret pour déclarer que la presents a draft of a decree to declare
Convention accepte le veu librement that the Convention accepts the vote
émis des ville, faubourgs, et banlieue freely given by the city, outskirts and
de Bruxelles pour leur réunion à la suburbs of Brussels for their union
République française; il s'exprime with the French Republic; he speaks
ainsi :
as follows:
Citoyens, vous avez ordonné que Citizens, you ordered that your
votre comité diplomatique vous ferait Diplomatic Committee should make a
un prompt rapport sur le veu que les prompt report to you upon the vote
citoyens de Bruxelles viennent d'émet- that the citizens of Brussels have just
tre pour leur réunion à la République given for their union with the French
française. Ce võu vous était connu Republic. This vote has been known
depuis longtemps, ainsi que celui de to you for a long time, as well as that
Mons, de Gand, de Liège, et d'un nom- of Mons, of Ghent, of Liège, and of
bre immense d'autres communes du an immense number of other com-
Hainaut et de la Belgique; mais aucun munes of Hainault and Belgium; but
d'eux ne vous était parvenu jusqu'à ce none of them up to this moment have
moment, revêtu des formes légales qui come to you clothed in the legal forms
garantissent la liberté entière et l'au- which guarantee the complete liberty
thenticité d'un acte aussi solennel : and authenticity of an act so solemn:
celui de la ville de Bruxelles et de sa that of the city of Brussels and its
banlieue vous est enfin arrivé, et votre suburbs has at last reached you and
comité diplomatique vous propose la your Diplomatic Committee proposes
réunion immédiate de cette grande et to you the immediate union of this
338
DOCUMENTS
superbe cité au territoire de la Répub- great and superb city with the terri-
lique...
tory of the Republic.
Votre comité diplomatique vous a Your Diplomatic Committee has
déjà présenté le développement des already presented to you the develop-
principes d'intérêt et de justice qui ment of the principles of interest and
doivent être les guides d'un peuple of justice which must be the guides
libre en matière de réunion; il ne of a free people in the question of
s'agit donc plus que d'applications par- union; we are therefore concerned
ticulières.
only with special applications.
Le procès-verbal de l'assemblée The formal minute of the primary
primaire, qui réunissait les citoyens assembly, which brought together the
de Bruxelles et de sa banlieue, annonce citizens of Brussels and its suburbs,
un enthousiasme que je tenterais shows an enthusiasm which I should
vainement d'exprimer : le veu pour la in vain attempt to express; the vote
réunion a été unanime, l'impatience for union was unanimous, the im-
des citoyens n'a pas permis de l'émet- patience of the citizens would not per-
tre autrement que par des acclama- mit that it be given otherwise than by
tions réitérées, et des cris de: Vive la reiterated acclamations, and shouts of
République française, vive la réunion. " Long live the French Republic, long
Des illuminations, des fêtes publiques, live the union." Illuminations, public
des salves d'artillerie et le bruit des celebrations, salvos of artillery and
cloches, ont attesté l'allégresse des cito- the sound of bells, attested the joy of
yens; on a juré l'abolition de la tyran- the citizens; they swore to abolish
nie: jamais væu ne fut plus libre; tyranny; never was a vote more free;
jamais serment ne fut plus solennel. never was an oath more solemn.
Je n'examinerai pas quels peuvent
I will not examine into what may
être les intérêts respectifs des deux be the respective interests of the two
peuples à la réunion désirée: dans ce peoples in the desired union; at this
moment un seul doit nous fixer, la moment one alone should determine
gloire nationale, l'engagement que us, the national glory, the vow
nous avons pris d'aider et défendre have taken to aid and defend all
tous les peuples qui veulent con- peoples who desire to conquer liberty
quérir leur liberté. Bruxelles ne peut for themselves. Brussels can not
conserver la sienne sans nous; c'en est keep hers without us; that is enough;
assez; de ce moment Bruxelles est from this moment Brussels is French.
Française.
Citoyens, vous êtes impatients de Citizens, you are impatient to pro-
prononcer ce décret, qui va porter le nounce this decree, which will strike
coup mortel à vos ennemis. Votre a mortal blow at your enemies.
comité vous le propose en ces termes : Your committee proposes it to you in
these terms:
we
BELGIAN COMMUNES AND THE RHINE VALLEY, 1793
339
na-
La Convention nationale, après “ The National Convention, after
avoir entendu le rapport de son comité having heard the report of its Dip-
diplomatique, sur le væu librement lomatic Committee, concerning the
émis par le peuple souverain des ville, vote freely given by the sovereign
faubourgs et banlieue de Bruxelles, people of the city, outskirts, and
dans leur assemblée primaire, pour suburbs of Brussels, in their primary
leur réunion à la République fran- assembly, for their union with the
çaise, décrète ce qui suit:
French Republic, decrees as follows:
ART. 1°r. “La Convention
ARTICLE 1. " The National Con-
tionale déclare, au nom du peuple vention declares, in the name of the
français, qu'elle accepte le võii, et French people, that it accepts the vote,
qu'en conséquence les ville, faubourgs and that consequently the city, out-
et banlieue de Bruxelles, sont partie skirts and suburbs of Brussels are in-
intégrante de la République.
tegral parts of the Republic.
ART. 2. “ Les commissaires de la ART. 2. " The commissioners of
Convention nationale, envoyés dans la the National Convention sent into Bel-
Belgique, sont chargés de prendre pro- gium, are charged to take provisionally
visoirement toutes les mesures néces- all the measures necessary for the
saires pour l'exécution des lois de la execution of the laws of the French
République française, dans les ville, Republic in the city, outskirts, and
faubourgs et banlieue de Bruxelles, suburbs of Brussels, and also to
ainsi que de recueillir et transmettre gather and transmit to the Conven-
à la Convention tout ce qui peut lui tion all that may be of use to it in
servir à déterminer dans le plus bref determining the manner of union, in
délai possible le mode de réunion.” the shortest possible time.”
(La Convention adopte ce projet de (The Convention adopts this draft
décret). .
decree).
1
Séance du samedi 2 mars 1793. Session of Saturday, March 2, 1793.
CARNOT, au nom du comité diplo- Carnot, in the name of the Diplo-
inatique, fait un rapport et présente matic Committee, makes a report and
un projet de décret pour déclarer que presents a draft of a decree to declare
le nom de département de Jemmapes; that the country of Hainault forms
grante du territoire de la République an integral part of the territory of
et formera un 86º département, sous the Republic and will make the 86th
le nom de département de Jemmapes; department under the name of the De-
il s'exprime ainsi :
partment of Jemimapes; he expresses
himself as follows:
Citoyens, les communes du Hainaut Citizens, the communes of Hain-
ci-devant autrichien, viennent enfin de ault formerly Austrian, have at
340
DOCUMENTS
secouer le joug honteux que leur im- length thrown off the shameful yoke
posaient depuis si longtemps les des- which the despots of Hungary and
potes de Hongrie et de Bohême; elles Bohemia have so long imposed upon
se sont déclarés libres et souveraines; them; they have declared themselves
en cette qualité elles ont délibéré free and sovereign; in this capacity
sur le régime qu'il leur convenait they have considered the form of gov-
d'adopter; celui d'une liberté à la fran- ernment which it suits them to adopt;
çaise, c'est à dire d'une liberté pleine, that of a French liberty, that is, a
sans restriction, leur a paru meilleur: complete, liberty without restriction,
elles ont voté avec enthousiasme leur seemed best to them; they have voted
réunion à la République.
enthusiastically their union with the
Republic.
Mons, Ath, Lenze, Enghien, Jem- Mons, Ath, Lenze, Enghien, Jem-
mapes, sont du nombre de ces com-
mapes, are among the number of
munes. Sur trois cent trente, deux these communes. Out of three hun-
seulement ont montré quelques re- dred and thirty, two only showed any
grets pour leur ancienne constitution, regret for their ancient constitution,
et treize auraient préféré un gouverne- and thirty would have preferred a
ment particulier et pourtant libre; separate government but free never-
mais l'immense majorité des citoyens theless; but the immense majority of
veut être française; elle réclame de la the citizens wish to be French; they
loyauté nationale l'exécution des dé- demand of our national loyalty the
crets par lesquels nous promettons se- execution of decrees by which we
cours et fraternité à tous les peuples promise help and fraternity to all the
qui veulent être libres; vous ne pour peoples who desire to be free; you
riez vous y refuser sans ternir la gloire could not refuse it without tarnish-
que vos armes vous ont acquise dans ing the glory that your arms have ac-
ces contrées.
quired for you in these countries.
Les mêmes raisons qui vous ont The same reasons which decided
déterminés pour Bruxelles s'appli- you for Brussels apply to all the sec-
quent à tous les pays du Hainaut, leur tions of Hainault, their vote was
veu a été émis avec la même liberté, given with the same liberty, the same
la même unanimité de suffrages, les unanimity of suffrage, the same
mêmes transports; ce pays a de plus transports of enthusiasm; this region
l'avantage de la proximité et de la fa- has the further advantage of prox-
cilité des secours; il offre l'étendue et imity and facility for assistance; it
la population d'un vaste département, offers the extent and the population
et présente des ressources qui, dévelop- of a vast department, and shows re-
pées par le génie de la liberté, devien- sources which, developed by the
dront immenses. En ce moment, il
En ce moment, il genius of liberty, will become im-
BELGIAN COMMUNES AND THE RHINE VALLEY, 1793
341
n'y a plus d'autorités existantes; il est mense. At this moment, there is no
pressant d'y établir une organisation existing authority; it is imperative to
conforme à nos principes, et il faut se establish there an organịzation con-
hâter d'y instituer une administration, forming to our principles, and we
d'y créer un département. Le nom must hasten to institute an admin-
de Jemmapes, si cher à la liberté, si istration, and create there a depart-
cher aux Français, est celui que de- ment. The name of Jemmapes, so
mandent, celui que se sont donné dear to liberty, so dear to Frenchmen,
d'avance, comme peuple souverain, les is the one they ask, the one that the
citoyens du ci-devant Hainaut. Sans citizens of the former Hainault, as
doute, vous confirmerez cette dénomi- a sovereign people, have given them-
nation qui seule suffirait pour garan-
selves in advance. Doubtless you
tir l'indissolubilité des liens qui doi- will confirm this denomination which
vent les unir à nous. Votre comité would alone suffice to guarantee the
vous propose donc d'accepter le vou indissoluble ties which must unite
libre de ces citoyens, de former du ci-
them to us. Your committee there-
devant Hainaut dit autrichien, un fore proposes to you to accept the free
quatre-vingt-sixième département sous vote of these citizens, to form from
le nom de département de Jemmapes, the former Hainault called Austrian,
d'abattre à l'instant toutes les bar- an eighty-sixth department under the
rières commerciales qui nous en sépa- name of the Department of Jem-
rent encore, et de transférer les bu-
mapes, to throw down at once all the
reaux des douanes jusqu'aux nouvelles commercial barriers which still
limites de la République.
separate us, and to transfer the cus-
tom houses to the new boundaries of
the Republic.
Voici ce projet de décret:
Here is the draft of the decree:
"La Convention nationale, après “ The National Convention, after
avoir entendu le rapport de son comité having heard the report of its Diplo-
diplomatique sur le võu librement matic Committee concerning the vote
émis par le peuple souverain du pays freely given by the sovereign people
de Hainaut, dans ses assemblées pri- of the country of Hainault, in their
maires, pour sa réunion à la Répu- primary assemblies, for their union
blique française, déclare, au nom du with the French Republic, declares,
peuple français, qu'elle accepte ce vou, in the name of the French people, that
et en conséquence décrète ce qui suit : it accepts this vote, and in conse-
quence decrees as follows:
ART. 1°r. “Le pays de Hainaut ARTICLE 1. The country of Hai-
fait partie intégrante du territoire de nault forms an integral part of the ter-
la République, et formera un quatre- ritory of the Republic and will make
342
DOCUMENTS
vingt-sixième département, sous le an eighty-sixth department, under the
nom de département de Jemmapes. name of the Department of Jcm-
mapes.
Art. 2. “ Les bureaux de duuanes ART. 2. The customs offices es-
établis sur les confins de la France et tablished on the borders of France
du ci-devant Hainaut sont supprimés, and of the former Hainault are sup-
et seront transférés, dans le plus bref pressed, and shall be transferred,
délai possible, aux limites extérieures within the shortest possible time, to
du nouveau département.
the outer boundaries of the new de-
partment.
ART. 3. "Les commissaires de la ART. 3. “The Commissioners of
Convention nationale près les armées the National Convention with the
de la Belgique sont chargés de prendre Armies of Belgium are charged to
toutes les mesures nécessaires pour la take all necessary measures for the
prompte exécution des lois de la Ré-
prompt execution of the laws of the
publique dans le département de Jem- Republic in the Department of Jem-
mapes, de procéder à la division et
mapes, to proceed to the division and
organisation provisoire de ce départe- provisional organization of this de-
ment en districts et cantons, et enfin partment into districts and cantons,
de recueillir et transmettre à la Con-
and finally to gather and transmit to
vention tout ce qui peut lui servir à the Convention everything that may
fixer définitivement cette organisation, serve it in definitely settling this
organization.
ART. 4. “Le pays de Hainaut ART. 4. “ The country of Hainault
nommera, provisoirement 10 députés will nominate, provisionally, 10 dep-
à la Convention nationale."
uties to the National Convention."
(La Convention adopte ce projet de (The Convention adopts this draft
décret.) 1
'1
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., 1st 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.,
1st 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 1
Mayence, le 4 mars 1793,
l'an II de la République.
Mayence, March 4, 1793.
Year II of the Republic.
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
CITOYENS NOS COLLÈGUES,
close a literal translation, will prove
actuellement à 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 11, to-
gether with those of several neighboring villages (ibid., 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 cominunities
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 Comınittee 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 Liège, 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 Bâle 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 Ibid., vcl. 60, p. 105.
344
DOCUMENTS
ence
palité populaire et patriote. Elle est at Mayence a popular and
composé de personnes qui jouissent de patriotic Municipality. It is com-
l'estime des citoyens de tous les partis posed of persons who enjoy the es-
et nous ne pouvons que bien augurer teem of the citizens of all parties and
de son administration.
we can entertain only the best expec-
tations regarding its administration.
Les députés commissaires de la The Deputy Commissioners of the
Convention nationale, pour l'exécution National Convention for the Execu-
du décret du 15 décembre,
tion of the Decree of December 15.
Signé: W. HAUSSMANN, REW- (Signed): W. HAUSSMANN, REW-
BELL.
BELL.
Par les commissaires :
For the Cominissioners:
Signé: DEMANGEOT, secrétaire de (Signed): DEMANGEOT,
la Commission.
Secretary to the Commission.
Suit la traduction de l'adresse pré- The translation of the address
sentée à ces commissaires par la mu- presented to the Commissioners by
nicipalité (2):
the Municipality follows (2):
" Citoyens législateurs:
Citizen Legislators:
Nous sortons en ce moment de la We come direct from the most
cérémonie la plus solennelle qui ait solemn ceremony which Mayence has
jamais été vue à Mayence: nous ve- ever witnessed; we come here from
nons ici d'une assemblée nombreuse a numerous assembly of free inen
d'hommes libres qui nous ont élus, se- who have elected us according to
lon les principes sacrés de la liberté et the sacred principles of liberty and of
de l'égalité, et dans le sein desquels equality, and before whom we have
nous avons preté le serment le plus taken the most solemn oath to main-
auguste de maintenir la liberté et
tain liberty and equality, and the wel-
l'égalité, le bien du peuple, et de rem- fare of the people, and faithfully to
plir fidèlement nos devoirs.
fulfill our duties.
Mayence doit à la généreuse, à Mayence owes to the generous and
la noble nation française, l'événement noble French Nation the happy event
heureux de pouvoir insérer dans ses of being able to insert in her annals
annales l'époque importante où l'es- the important epoch when the op-
clave opprimé a brisé ses pesantes pressed slave has broken his heavy
chaînes; où un peuple fortement chains; when a people grievously
courbé sous le despotisme, a reconquis bowed under despotism has recon-
ses droits naturels, et où l'homme libre quered its natural rights, and when
a repris, dans tout son éclat, sa dignité the free man has resumed in all splen-
primitive, et sa place parmi ses frères dor his primitive dignity and his place
libres.
among his free brothers.
BELGIAN COMMUNES AND THE RHINE VALLEY, 1793
345
Mais vos soins infatigables, cito- But your indefatigable care has
yens législateurs, n'ont pas peu con- contributed not a little to the achieve-
tribué à achever notre bonheur actuel; ment of our present happiness; first
recevez-en d'abord nos remerciements receive for it our most sincere grati-
les plus vifs, et permettez-nous ensuite tude and then permit us to testify
de témoigner, avec le sentiment le plus with the most profound sentiment to
profond, notre respect envers une na- the respect we feel towards a nation
tion qui n'est pas contente d'être seule which is not content to be happy alone
heureuse, mais se donne les soins les but which exerts the greatest care in
plus assidus pour faire pareillement order to bring equal happiness also
le bonheur des peuples si différents to the people so different from her in
d'elle par leur langage et par leurs language and customs.
mours.
are.
Faites part, nous vous en prions “We earnestly beg you to make
instamment, de nos sentiments à votre known our sentiments to your gen-
généreuse nation, et priez-la, en notre erous Nation and beg it, in our name,
nom, de nous continuer sa puissante to continue towards us its powerful
protection pour l'achèvement de l'ou- protection for the sake of the
vrage que nous commençons dans achievement of the work which we
cette contrée pour le bien de l'huma- are beginning in this country for the
nité. Et vous, citoyens législateurs, welfare of humanity. And you,
continuez-nous votre confiance, et ac- Citizen Legislators, continue to ac-
cordez votre amour, non seulement à cord us your confidence and your
nous, mais au peuple dont nous love, and not only to us but to the
sommes les magistrats. Témoignez, people whose magistrates we
selon votre cœur, ainsi que vous l'avez Bear witness, according to your heart,
dit si souvent vous-mêmes, que ce peu- as you have yourselves so often said,
ple est bon, qu'il mérite la plus grande that this people is worthy, that it
attention; et soyez assurés, de notre merits the greatest attention; and be
part, que nous mourrons plutôt que de assured that for our part we will die
devenir infidèles au bien-être du peu- sooner than become un faithful to the
ple, et aux principes de la liberté et de welfare of the people, and to the
l'égalité.
principles of liberty and equality.
Mayence, le 3 mars 1793, l'an II Mayence, March 3rd, 1793, Year
de la République française,
II of the Republic.
Signé: MACKÉ, maire; UMPFEN- (Signed) MACKÉ, Mayor; UMP-
BACH, officier municipal; PATOCKI, of- FENBACH, Municipal official; PA-
ficier municipal; HASSELIN, Officier TOCKI, Municipal officer; HASSELIN,
municipal; NICHEL, officier munici- Municipal officer; NICHEL, Munici-
pal; PAUL EMMERICH, officier mu- pal officer; PAUL EMMERICH, Mu-
nicipal; J.-B. GAAL, G.-E. FACIOLA, nicipal Official; J.-B. GAAL, G. E.
346
DOCUMENTS
3
officier municipal; STEPHAN LINDT, FACIOLA, Municipal Official; STE-
officier municipal; L. EISER, officier PHAN LINDT, Municipal Official; L.
inunicipal; STANDENHERINER, officier EISER, Municipal Official; STANDEN-
municipal; ENDLEIH, officier munici- HERINER, Municipal Official; END-
pal; MULLER
WILHELM, WAN- LEIH, Municipal Official; MULLER
MANN, procureur de la commune; NI. WILHELM, WANMANN, Communal-
DERHUBER, procureur substitut; J.-B. Attorney; NIDERHUBER, vice Com-
REUSSING, secrétaire de la munici- munal Attorney; J. B. REUSSING,
palité; ENHBORN, secrétaire.
Secretary to the Municipality; Enh-
BORN, Secretary
Pour copie conforme:
" Authentic Copy:
Signé: DEMANGEOT, secrétaire de (Signed) DEMANGEOT, Secretary
la commission."
to the Commission."
(La Convention ordonne l'insertion (The Convention orders the inser-
de cette traduction au Bulletin.) 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 1
CITOYEN PRÉSIDENT, le salut du CITIZEN PRESIDENT: the welfare of
peuple est la loi suprême: je viens de the people is the supreme law: I have
lui sacrifier une conquête presqu'as- just sacrificed to it a conquest almost
surée, en quittant la portion victo- assured, by leaving the victorious por-
rieuse de l'armée prête à entrer dans le tion of the army ready to enter into
cæur de la Hollande, pour venir au the heart of Holland, in order to
secours de celle qui vient d'essuyer un come to the aid of that which has
revers, qu'on doit à des causes phy- just suffered a reverse due to physi-
siques et morales, que je vais vous cal and moral causes, which I am
développer.
about to explain to you.
On vous flatte, on vous trompe, je You have been flattered, you have
vais achever de déchirer le bandeau. been deceived; I am going to attempt
On a fait éprouver aux Belges tous to tear off the bandage. The Bel-
les genres de vexations; on a violé à gians have been made to suffer all
leur égard les droits sacrés de la lib- kinds of vexations; their sacred rights
erté; on a insulté avec impudence leurs of liberty have been violated; their
opinions religieuses; on a profané par religious opinions have been im-
un brigandage très-peu lucratif, les in- pudently insulted; the articles of their
1 Moniteur, No. 84, p. 376.
BELGIAN COMMUNES AND THE RHINE VALLEY, 1793
347
were
struments de leur culte; on vous a worship have been profaned by a
menti sur leur caractère et sur leurs brigandage but little lucrative; you
intentions; on a opéré la réunion du have been lied to concerning their
Hainaut à coups de sabres et à coups character and their intentions; the
de fusils; celle du Bruxelles a été faite union of Hainault was effected by
par une vingtaine d'hommes, qui ne means of sabres and muskets; that of
pouvaient trouver d'existence que dans Brussels was accomplished by about
le trouble, et par quelques hommes de twenty men who could not exist ex-
sang qu'on a rassemblés pour intimi- cept in disorder, and by some men of
der les citoyens..
violence who were gathered together
to intimidate the citizens. ...
Vos finances étaient épuisées,
Your finances
exhausted
lorsque nous sommes entrés dans la when we entered Belgium; your cash
Belgique; votre numéraire avait dis- had disappeared or was worth its
paru ou s'achetait au poids de l'or. weight in gold. Cambon, who may
Cambon, qui peut être un honnête cito- be an honest citizen, but who certainly
yen, mais qui certainement est au- is beneath the confidence you have
dessous de la confiance que vous lui given him in financial matters, saw
avez donnée pour la partie financière, no further remedy except in the
n'a plus vu de remède que dans la pos- possession of the wealth of this fertile
session des richesses de cette fertile country.
country. He proposed to
to you the
contrée. Il vous a proposé le fatal fatal decree of the 15th of December;
décret du 15 décembre; vous l'avez you accepted it unanimously, notwith-
accepté unanimement, et cependant standing that each one among you
chacun de ceux d'entre vous à qui j'en with whom I have talked about it,
ai parlé, m'a dit qu'il le désapprouvait, told me that he disapproved it, and
et que ce décret était injuste. Un de that the decree was unjust. One of
mes quatre mémoires était dirigé con- my four memorials
was directed
tre ce décret; on ne l'a pas lu à l'As- against this decree; it was not even
semblée. a
Le même Cambon a cherché read to the Assembly. The same
à rendre mes remonstrances odieuses Cambon tried to render my remon-
et criminelles, en disant à la tribune strances odious and criminal, by say-
que j'apposais un veto sur le décreting in the tribune that I was putting
de l'Assemblée. Vous avez confirmé
a veto upon the decree of the As-
ce décret par celui du 30 décembre; sembly. You confirmed this decree
vous avez chargé vos commissaires de by that of the 30th of December; you
tenir la main à exécution charged your commisioners to lend a
D'après vos ordres, le pouvoir exécu- hand in its execution. According to
tif a envoyé au moins trente commis- your orders the executive power sent
saires; le choix en est très mauvais, at least thirty commissioners. The
et à l'exception de quelques gens hon- choice was very bad, and with the
son
348
DOCUMENTS
а.
nêtes, qui sont peut-être regardés exception of some honest men, who
comme des citoyens douteux, parce are perhaps regarded as doubtful
qu'ils cherchent à mitiger l'odieux de citizens because they seek to lessen
leurs fonctions, la plupart sont ou des the odium of their duties, most of
insensés, ou des tyrans, ou des hommes them are either fools or tyrants, or
sans réflexion, qu'un zèle brutal et in- men without judgment, whom
solent a conduits toujours au-delà de brutal and insolent zeal has con-
leurs fonctions.
tinually led beyond their functions.
Les agens de la tyrannie ont été The agents of tyranny have been
répandus sur la surface entière de la scattered over the whole surface of
Belgique: les commandans militaires, Belgium; the military commandants,
par obéissance au décret, ont été through obedience to the decree, have
obligés d'employer, sur leur réquisi- been obliged to employ the forces en-
tion, les forces qui leur étaient con- trusted to them upon their requisi-
fiées; ces exacteurs ont achevé d'ex- tion; these extortioners have suc-
aspérer l'âme des Belges. Dès lors ceeded in exasperating the mind of
la terreur et peut-être la haine ont the Belgians. From that time terror
remplacé cette douce fraternité qui a and perhaps hatred have replaced the
accompagné nos premiers pas dans la kindly fraternity which accompanied
Belgique ; c'est au moment de nos re- our first steps in Belgium; at the
vers que nos agens ont déployé le plus moment of our reverses our agents
d'injustice et de violence.
have most displayed injustice and
violence.
Vous avez été trompés sur la ré- You have been deceived regarding
union à la France de plusieurs parties the union with France of several
de la Belgique; vous l'avez crue volon- parts of Belgium; you believed it
taire, parce qu'on vous a menti. Dès- voluntary, because some one lied to
lors vous avez cru pouvoir enlever le you. From that moment you
superflu de l'argenterie des églises, thought you could carry off the super-
pour subvenir sans doute aux frais de fluity of silverware in the churches,
la guerre. ... Les prêtres et les moines doubtless to defray the expenses of the
ont profité de cet acte imprudent, et ils ... The priests and monks prof-
nous ont regardés comme des brigands ited by this important act, and have
qui fuient, et partout les communautés looked upon us as fleeing brigands
des villages s'arment contre nous. Ce and everywhere the communities in
n'est point ici une guerre d'aristocra- the villages are arming against us.
tie; car notre révolution favorise les This is not now a war of aristocracy;
habitans des campagnes, et cependant for revolution favored the
ce sont les habitans des campagnes country people, and yet it is the in-
qui s'arment contre nous, et le tocsin habitants of the country who are arm-
sonne de toutes parts. C'est pour eux ing against us, and the tocsin is
war.
our
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. March 30, 1793 1
HAUSSMANN. Citoyens, lorsque HAUSSMANN. Citizens, at a time
l'armée de la Belgique est en déroute, when the Army of Belgium is put to
vous apprendrez sans doute avec sa- rout, you will doubtless hear with
tisfaction que celle des Vosges, qui se satisfaction, that that of the Vosges,
trouve dans la partie la plus riche et which is in the richest and most beau-
la plus belle de vos conquêtes, est tiful part of your conquests, is in the
dans la meilleure position et le meil- best position and state possible.
leur état possible.
Je suis parti lundi passé, 25 mars, I left Mayence on Monday last,
de Mayence. Le général Custine March 25th. General Custine has
s'est porté au-delà de Creutznach, en advanced beyond Creutznach, in his
descendant le Rhin, avec un corps de descent of the Rhine, with a force of
20,000 hommes et il a repoussé l'en- 20,000 men and he has repulsed the
nemi. Il s'est emparé de vive force enemy. He has seized by force the
du château de Stromberg, où les en- château of Stromberg, where the
nemis ont perdu beaucoup de monde, enemy lost large numbers, and where
et où on leur a fait 37 prisonniers, thirty-seven prisoners were taken who
qui ont été sur-le-champ conduits à were forthwith conducted to Landau.
Landau. L'armée occupe maintenant The army now occupies all the defiles,
tous les défilés, presqu' inaccessibles, almost inaccessible, which lead from
qui conduisent de Mayence à Bac- Mayence to Baccarat, Rheinsfelds
carat, Rheinsfelds et Coblentz.
and Coblentz.
11 est inconcevable pour ceux qui It is inconceivable for those who
connaissent le pays, qui connaissent la know the country, who know the
force de Mayence et de Cassel, le cou- strength of Mayence and of Cassel,
rage et la bonne tenue des troupes qui the courage and the fine bearing of
les défendent, qu'on ait eu le projet the troops which are defending them,
de les faire rétrograder d'un pays d'où that anyone should propose their re-
1 Arch. parl., 1st series, vol. 60, p. 713. Cf. ibid., p. 729.
350
DOCUMENTS
non seulement elles tirent toutes leurs treat from a country from which not
subsistances en abondance, mais d'où only do they derive all their sub-
elles peuvent en verser dans l'intérieur. sistence in plenty, but from whence
Eh bien ! on a véritablement conçu ce they can march into the interior.
projet perfide: il a été agité publique- Well, this perfidious project has really
ment à Strasbourg un plan de péti- been conceived; there has been agi-
tion pour faire rétrograder cette tated publicly in Strassburg a peti-
armée; et il ne serait pas étonnant que
tion for the retreat of the army, and
ces intrigues ne fussent combinées it would not be astonishing if their
avec la conduite qu’on a tenue en Bel- intrigues were connected with the
gique; mais les auteurs de ce projet conduct which has been followed in
se trompent terriblement. Non, Ma- Belgium; but the authors of this proj-
yence ne sera jamais livrée; jamais, ect are terribly deceived.
. No, May-
tant qu'un général comme Custine et ence will never be freed; never, while
que vos commissaires y seront, elle ne a general like Custine and while your
tombera au pouvoir de
au pouvoir de l'ennemi. commissioners are there, will it fall
(Applaudissements.)
into the enemy's power. (Applause.)
Vos commissaires se sont occupés Your commissioners are occupied
de l'exécution des décrets de 15 et 17 with the execution of the decree of
décembre, et jusqu'à présent nous y December 15th and 17th and until the
avons parfaitement réussi. Après present time, we have succeeded per-
avoir convoqué les assemblées pri- fectly. After convoking the primary
maires pour le premier février, nous assemblies for February first, we
sommes allés visiter l'armée de la Mo-
went to visit the Army of the Moselle.
selle. A notre retour, nous
avons On our return, we found that the
trouvé que les agitateurs, les intri- agitators, plotters, partisans of the
gants, les partisans de privilèges, enfin privileged classes and, in fine, the
que toute la clique aristocratique, whole
whole aristocratic clique, was in
s'était liguée pour empêcher l'exécu- league to prevent the execution of
tion du décret. De toutes parts on
the decree. From all parts protests
venait nous faire des réclamations, came to us but they were signed only
mais elles n'étaient signées, que par by
by known aristocrats. We held
des aristocrates connus.
Nous avons firm and the decree was executed.
tenu ferme, et le décret a été exécuté. (Applause.)
(Applaudissements.)
La Convention mayençoise a ouvert
The Convention of Mayence
ses séances le 17 de ce mois. Le 18, opened its session on the 17th of this
elle a déclaré son indépendance et la month. On the 18th, it declared its
déchéance de tous les chanoines, prê- independence and the deposition of
tres, seigneurs, magistrats hérédi- all the canons, priests, seigneurs,
BELGIAN COMMUNES AND THE RHINE VALLEY, 1793
351
taires, etc., de leurs droits et pri- hereditary magistrates, etc., of all
vilèges et elle a décrété que, dans le their rights and privileges, and de-
cas où ils feraient des tentatives pour creed that in case they should make
y rentrer, ils seraient punis de mort. efforts to return, they should be
Le 21 la Convention mayençoise a dé- punished with death. On the 21st
crété, à l'unanimité, sa réunion à la the Convention of Mayence unan-
République française. (Double salve imously decreed its union with the
d'applaudissements.)
French Republic. (Double salvos of
applause.)
Nous avons été forcés pour soutenir We have been forced in order to
ces mesures, pour déjouer les agita- support these measures, in order to
teurs et les aristocrates, pour éviter frustrate the agitators and the aristo-
que le scènes de Francfort ne se re- crats, and to prevent the scenes of
nouvellassent de faire déporter les Francfort from being repeated, to
chefs connus de ces complots; partout cause the known chiefs of these
ces chefs étaient des baillis, des pré- plots to be deported; everywhere
tres et des nobles; nous avons cru these chiefs were bailiffs, priests and
devoir les traiter en ennemis, puis- nobles; we considered it our duty to
qu'ils se montraient ceux du peuple; treat them as enemies, since they had
et c'est pour les mettre dans l'impos- so shown themselves to the people;
sibilité de nuire, que nous avons cru and in order to make it impossible for
devoir ordonner leur extradition. them to do injury, we thought it our
Cette mesure a été suivie librement duty to order their extradition. This
et paisiblement, et tout s'est parfaite- measure was followed freely and
ment bien organisé. Je proposerai au peacefully, and everything was per-
comité de défense générale des me- fectly organized. I shall propose to
sures ultérieures qui seront à pren-
the Committee on General Defence
dre.
the further measures which should be
taken.
Je vous ai dit que, le 21, la Con- I have told you that, on the 21st,
vention mayençoise a décidé à l'una- the Convention of Mayence decided
nimité sa réunion à la République unanimously for Union with the
française. Les députés, qui vous ap- French Republic. The deputies who
portent son veu sont ici. Je de- are carrying their vote to you are
mande qu'ils soient introduits.
here. I request that they be ad-
mitted.
PENIÈRES. Citoyens vos commis- PENIÈRES. Citizens, your commis-
saires vous ont rendu compte de l'état sioners have given you a report of
de l'armée des Vosges.
· Je de-
the state of the Army of the Vosges.
352
DOCUMENTS
mande que vous décrétiez que l'armée .. I request that you decree that
des Vosges a bien mérité de la patrie. the Army of the Vosges has deserved
well of the country.
Voix diverses. Et les commis- Diverse Voices. And the com-
saires aussi.- L'impression du rap-
missioners also. Print the report!
port!
CAMBON. Citoyens une grande af-
CAMBON. Citizens, an important
faire va occuper l'Assemblée. Le sys- matter is about to occupy the As-
tème qu'elle avait adopté va être jugé sembly. The system which it has
par l'Europe. Par bonheur nous
nous adopted is going to be judged by
avons besoin de comparaisons dans Europe. Fortunately we must com-
deux endroits différents du même sys- pare the same system in the two dif-
tème: dans l'un, une prompte exécu-
ferent localities; in the one, a prompt
tion; dans l'autre une rare obstination execution; in the other, an unusually
à ne point l'executer. (Interrup- obstinate determination not to exe-
tions.)
Malgré les interrupteurs, je cute it.
cute it. (Interruptions.) In spite
demanderai à parler lorsque l'Assem- of these interruptions, I shall demand
blée m'aura conservé la parole.
the right to speak when the Assembly
shall have come to order and have
granted me the right to speak.
(La Convention décrète que Cam- (The Convention decrees that
bon sera entendu.)
Cambon shall be heard.)
CAMBON. On a demandé de dé- CAMBON. It is proposed that we
créter que l'armée des Vosges a bien decree that the Army of the Vosges
mérité de la patrie; je ne sais si c'est has deserved well of the country. I
l'époque actuellement. On a proposé do not know
On a proposé do not know whether this is the
également d'imprimer le rapport que proper time for such action. It has
vient de nous faire le citoyen Hauss- been proposed also to print the re-
mann, l'un de vos commissaires; c'est port which has just been made to us
sur cette partie que j'ai demandé à by Citizen Haussmann, one of your
parler. J'observerai qu'à une époque Commissioners; it is on this point
peu éloignée, on nous dit au comité that I demand the floor. I shall ob-
qu'il y avait, dans la République, des serve that a short time ago we were
lettres qu'on était à même de nous told in committee that there were
montrer; que ces lettres nous annon- letters in the Republic which were to
çaient que nous avions perdu Ma- be shown to us; that these letters told
yence comme nous avions perdu la us that we had lost Mayence as we
Belgique (et je citerai les membres had lost Belgium (and I shall naine
qui étaient présents), des lettres où those members who were present),
l'on représentait nos commissaires à letters in which our Commissioners
Mayence comme des brigands, des let- to Mayence were represented as
BELGIAN COMMUNES AND THE RHINE VALLEY, 1793
353
tres où l'on assurait qu'on n'avait pas brigands, letters which assured us
le vou du peuple; et c'est par de pa-. that the vote of the people had not
reilles lettres, et c'est avec cette opin- been taken; and it is by such letters
ion qu'on cherche à tout désorganiser. and it is by means of such opinions
Eh bien! tout est contredit par nos that an attempt is being made to dis-
commissaires, et l'enthousiasme que crganize everything. Well! every-
l'Assemblée met à vouloir témoigner thing is contradicted by our commis-
qu'ils ont bien mérité de la patrie, doit sioners, and the enthusiastic desire
terrasser la calomnie. Mais cela ne of the Assembly to bear witness to the
suffit pas. Les lettres circulent, les fact that they have deserved well of
lettres corrompent l'esprit public, con- the country should destroy the
damnent nos systèmes. Il est impor calumny. But that is not sufficient.
tant que nos commissaires ne s'en tien- Letters circulate, letters corrupt the
nent pas à un rapport, comme ils l'ont public morale, condemn our systems.
fait; c'est par une impression de toutes It is important that our commission-
leurs délibérations qu'on les jugera, ers should not rest with one report
et qu'on montrera à l'Europe à juger as they have done; it is by printing
de nos opérations. Je demande donc all their deliberations that they will be
non pas l'impression du rapport fait judged, and that we shall call Europe
par le citoyen Haussmann, mais que to judge of our actions. I do not,
le citoyen Haussmann soit chargé de therefore, move the printing of this
présenter un tableau à la Convention, report made by Citizen Haussmann,
de toutes ses opérations, de l'esprit but that Citizen Haussmann shall be
public qui règne à Mayence afin de instructed to present to the Conven-
détruire les fausses impressions que tion an account of all his acts and of
l'on cherche à répandre dans toute the public opinion which prevails at
l'Europe. (Applaudissements.) Mayence, in order to destroy the false
impressions which there is an attempt
to spread throughout Europe. (Ap-
plause.)
BRÉARD. J'appuie la proposition BRÉARD. I support the proposi-
faite par Cambon; mais d'après ce tion made by Cambon, but according
que vient de me dire le citoyen Hauss- to what Citizen Haussmann has just
mann, il est impossible que cette propo- said to me, it is impossible for this
sition de Cambon puisse être admise proposition of Cambon to be admitted
dans ce moment-ci. Le commissaire at this time. The Commissioner has
n'a pas rapporté avec lui toutes les not brought with him all the docu-
pièces qui seraient nécessaires pour ments which would be necessary to
rédiger un rapport tel que Cambon the drawing up of a report such as
le demande. Il faut se contenter de Cambon asks for. We must be con-
décréter, dans ce moment-ci, l'impres- tented to decree at this time the print-
354
DOCUMENTS
sion du rapport fait par notre col- ing of the report made by our col-
lègue, sauf, .après cela, de décréter league, and after that to decree the
l'impression du rapport du citoyen printing of the report of Citizen
Haussman. Je demande que l'on se Haussmann. I move that we limit
borne à décréter l'impression du rap- ourselves to decreeing the printing of
port d'Haussmann où se trouve plus Haussmann's report in which is
qu'une mention honorable de la con- found more than one honorable men-
duite de l'armée des Vosges.
tion of the conduct of the Army of
the Vosges.
(La Convention décrète l'impres- (The Convention decrees that the
sion du rapport d'Haussman, ainsi Haussmann Report be printed and
que son envoi aux départements et sent at once to the Departınents and
aur armées, elle ordonne ensuite l'ad-
to the Armies; it thereupon orders
mission immédiate à la barre des dé- that the deputies of the Rhéno-
putés du peuple Rhéno-germanique.) Germanic people be iinniediately 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. March 30,
1793 1
La Convention nationale Rliéno- The National Rhéno-Germanic
Germanique, à la Convention nation- Convention to the National Conven-
ale de la République française.
tion of the French Republic.
CITOYENS LÉGISLATEURS :
CITIZEN LEGISLATORS:
Ce n'est pas la chute d'un seul We are not come to announce to
despote que nous allons vous an- you the fall of one despot only. The
noncer. Le peuple Rhéno-Germa- Rhéno-Germanic people have over-
nique a renversé les prétendus trônes turned the thrones claimed by twenty
de vingt petits tyrans, tous avides de petty tyrants, all thirsty for human
sang humain, tous engraissés de la blood, all grown fat on the sweat of
sueur des pauvres et des malheureux. the poor and the unfortunate.
Sur les ruines de leur puissance The sovereign people is seated on
arbitraire le peuple souverain s'est
the ruins of their arbitrary power; it
assis; il a choisi ses magistrats et ses has chosen its magistrates and its rep-
représentants : il les a investis de sa resentatives; it has invested them with
confiance et de la pléntitude de son its confidence and the fulness of its
pouvoir.
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.
power.
BELGIAN COMMUNES AND THE RHINE VALLEY, 1793
355
Les représentants du peuple libre The Representatives of the Rhéno-
Rhéno-Germanique constitués en Con- Germanic people, constituted in Na-
vention nationale à Mayence, après tional Convention in Mayence, hav-
avoir déclaré à l'univers que les tyrans ing declared to the world that the
de ces contrées étaient déchus de tous tyrants of these countries are stripped
leurs droits usurpés, ont prononcé of all their usurped rights, have
la peine de mort contre ceux d'entre pronounced sentence of death against
eux qui oseraient reparaître pour les those among them who shall dare to
revendiquer.
reappear to claim them back.
Mais ces
ces actes de souveraineté But these acts of sovereignity
ne doivent être que les précurseurs should be but the precursors of an
d'une démarche plus importante en- act still more important. It is little
C'était peu d'avoir fait écrouler to have caused the edifice of the
l'édifice de l'ancienne tyrannie, il fal- former tyranny to crumble, it is
lait reconstruire celui de la félicité necessary to reconstruct that of public
publique. Les représantants du peu- felicity. The representatives of the
ple connaissaient le veu unanime de people are cognizant of the unan-
leurs commettants; ils ne font que pro- imous wish of their constituents; in
noncer aujourd'hui le sentiment qui asking of you the union of their
est dans tous les cours, en vous de- country with the French Republic
mandant la réunion de leur pays à la they voice to-day only the sentiment,
République française.
which is in all hearts.
core.
Nous venons vous offrir la ré- We come to offer you the union
union de ce qui vous appartient de which belongs to
you of right.
droit. La nature elle-même a voulu Nature herself has desired that the
que le Rhin fût la frontière de la Rhine should be the frontier of
France, il l'a été dans les premiers France, it was so in the first centuries
siècles de l'Empire français. Il n'y of the French Empire. Even the
a pas jusqu'aux ministres de vos ministers of your tyrants felt the
tyrans qui n'en aient senti le prix; value of it and when an attempt was
et lorsqu'il s'agissait de les détourner made to wean them away from the
de l'infâme alliance avec l'Autriche, infamous alliance with Austria they
ils en marchandèrent la possession bargained with Frederick of Brand-
chez Frédéric de Brandebourg. Et enburg for its possession. Ah, well! !
bien, cette réunion tant convoitée, que this union SO desired, which the
les intrigues des rois n'ont jamais pu intrigues of kings have never been
effectuer, elle n'aura coûté qu'un léger able to effect, has cost but a slight
effort aux armées victorieuses de la effort on the part of the victorious
liberté.
armies of Liberty.
Nous venons vous offrir la ré- We come to offer you the union
356
DOCUMENTS
union de Mayence, du siège de ce prê- of Mayence, the seat of that haughty
tre superbe dont l'ambition déme- priest whose measureless ambition
surée ne lui vaudra dans l'histoire que has won for him in history only the
le nom d'incendiaire; Mayence, au title of " Incendiary”; Mayence at
confluent du Rhin et du Mein, où le the junction of the Rhine and the
commerce d'Allemagne viendra se con- Main, where the commerce of Ger-
centrer entre les mains du négociant many will come to be gathered to-
français; Mayence, la clef de l'Em- gether in the hands of the merchants
pire germanique, et la seule ouverture of France; Mayence, the key of the
par laquelle vos provinces étaient ac- Germanic Empire, and the sole path
cessibles aux armées et aux convois by which your provinces were acces-
d'artillerie de vos ennemis; Mayence sible to the armies and the convoys
enfin reconnue par les maîtres de l'art of artillery of your enemies; May-
pour un chef-d'œuvre de fortification,
ence, in fine, recognized by the masters
où les efforts impuissants des despotes of the art as the masterpiece of forti-
ligués contre vous viendront échouer fications, where the powerless efforts
toutes les fois qu'ils oseraient con- of the despots leagued against you
cevoir le projet insensé de l'attaquer. were destroyed each time that they
C'est là, représentants du souve- dared to conceive the insensate idea
rain français, l'expression fraternelle of attacking it. Here, Representa-
de notre reconnaissance, le premier tives of the French Sovereign, is the
élan des âmes libres que vous avez re- fraternal expression of our gratitude,
conquises à la liberté. Nous the first burst of free souls which you
sommes fiers des avantages qui ré- have reconquered for Liberty. We
unissent nos contrées, que parce que are proud of the advantages which
nous pouvons les porter en don à nos unite our countries, only because we
libérateurs. (Applaudissements.) Ces can bring them as gifts to our
avantages, ces besoins de réunion liberators. (Applause.) These ad-
sont réciproques, et la candeur de peu- vantages, these needs for union are
ple rhéno-germanique n'est pas en re- mutual, and the candor of the
tard pour vous en faire l'aveu; mais Rhéno-Germanic people is not slow to
il craindrait de blesser et votre dig- avow it to you; but it fears to wound
nité et la pureté de son affection both your dignity and the purity of
par un calcul minutieux. L'amour its affection by a minute calculation.
des peuples, comme l'amour des sexes, The love between peoples, like love
doit égaliser les conditions; et ne sa- between the sexes, should equalize
vons-nous pas que si vous vous rendez conditions, and do we not know that
à nos sollicitations, si vous incorporez if you yield to our prayers, if you in-
les contrées rhéno-germaniques dans corporate the Rhéno-Germanic coun-
la République française, ce sera la sin- tries in the French Republic, it will
cérité et l'ardeur avec lesquelles nous be the sincerity and the ardor with
ne
BELGIAN COMMUNES AND THE RHINE VALLEY, 1793
357
nous jetons entre vos bras, qui pour- which we throw ourselves into your
ront seules vous décider?
arms, which have alone decided you?
Fait en Convention nationale à Done in the National Convention
Mayence, le vingt-cinq mars mil sept at Mayence, the 24th of March, 1793,
cent quatre-vingt treize, et signé in- and signed individually by all the
dividuellement par tous les membres members of the Convention.
de la Convention.
Signé: AND. Jos. HOFMANN, pré- Signed: AND. Jos. HOFMANN,
sident; GEORGES FORSTER, vice-prési- President; GEORGE FORSTER, Vice
dent, député de la ville de Mayence; President and deputy for the City of
FRANCK, secrétaire, député de Fus- Mayence; FRANCK, Secretary and
geinheim.
deputy for Fusgeinheim.
(Les députés reçoivent du Président (The deputies receive the fraternal
le baiser fraternel, au milieu des plus kiss from the President, in the niidst
vifs applaudissements.)
of great applause.)
La Convention rend le décret sui- The Convention issues the follow-
vant:
ing decree:
La Convention nationale, après The National Convention, having
avoir entendu l'adresse à elle pré- heard the address presented to it, in
sentée, au nom des peuples libres de the name of the free people of Ger-
la Germanie, par les députés de la many, by the deputies of the National
Convention nationale séante à Ma- Convention sitting at Mayence; in
yence; vu aussi le décret rendu le 21
view also of the decree issued by the
du présent mois par la même Conven- same Convention on the 21st of the
tion, tendant à obtenir la réunion à la present month, with a view to obtain-
République française de toutes les ing union with the French Republic
villes et communes qu'elle représente, of all the towns and communes which
déclare, au nom du peuple français, it represents, declares in the name of
qu'elle accepte ce võu librement émis, the French people, that it accepts
et en conséquence décrète que les the vote freely expressed, and decrees
villes et communes de
de Mayence, in consequence that the town and
Worms, Durkeim, Grünstadt, Fusgen- communes of Mayence,
of Mayence, Worms,
heim, Ecklesheim, Wollstein, Scho- Durkeim, Grünstadt, Fusgenheim,
rusheim, Gumsheim, Altleiningen, Ecklesheim, Wollstein, Schorusheim,
Bleiderheim, Kallkoffen, Flonheim, Gumsheim, Altleiningen, Bleider-
Hoffosweiler, Imsbach, Nackenheim, heim, Kallkoffen, Flonheim, Hoffos-
Batzbach, Badenheim, Oberolin, Bu- weiler, Imsbach, Nackenheim, Batz-
denheim, Heringen, Oberlustadt, bach, Badenheim, Oberolm, Buden-
Karlsberg, Dudenhoffen, Ilbesheim, heim, Heringen, Oberlustadt, Karls-
358
DOCUMENTS
Neubamberg, Niedersaulheim, Sarms- berg, Dudenhoffen, Ilbersheim, Neu-
heim, Obergheim, Hanheim, Reistal, bamberg, Niedersaulheim, Sarmsheim,
Rudelskerchen, Hertlingshausen, Kin- Obergheim, Hanheim, Reistal, Rudels-
denheim, Alsenborn, Niederolm, kerchen, Hertlingshausen, Kinden-
Weinweiler, Genicofin, Wendelsheim, heim, Alsenborn, Niederolm, Wein-
Relsberg, Mülheim, Sprendlingen, weiler, Genicofin, Wendelsheim, Rels-
Bissersheim, Niederlustadt, Essingen, berg, Mülheim, Sprendlingen, Bissers-
Schonborn, Algesheim, Rusbach, Ho- heim, Niederlustadt, Essingen, Schon-
gelstein, Heidesheim, Wartenberg, born, Algesheim, Rusbach, Hogelstein,
Altoof, Mohrbach, Wollsheim, Nie- Heidesheim,
Heidesheim, Wartenberg, Altoof,
derhochlsatt, Obersaulheim, Dieters- Mohrbach, Wollsheim, Niederhochl-
heim, Landstuhl, Finckenbach, Raz- satt, Obersaulheim, Dietersheim,
heim, Schweisweil, Bobenheim, Hei- Landstuhl, Finckenbach,
Finckenbach, Razheim,
desheim, Merterheim, Bretzenheim et Schweisweil, Bobenheim, Heides-
Zalhlbach, Olkenheim, Waleine, heim, Merterheim, Bretzenheim and
Gross-Bockenheim, Schiffersheim, Zalhlbach, Olkenheim, Waleine,
Lohusfels, Reibotzkem, Rugheim, Gross-Bockenheim, Schiffersheim,
Spallon, Kleinwinternheim, Weisse- Lohusfels, Reibotzkem, Rugheim,
nau, Marienborn, Cassel, Kleinbot- Spallon, Kleinwinternheim, Weissen-
heim Sembach, Dromersheim, Muns- Marienborn, Cassel, Klein-
heim, Uffhoren, Büdesheim, Minch- botheim Sembach, Dromersheim,
wesler, Brenheim, Neuhemsbach, Munsheim, Uffhoren, Büdesheim,
Drais, font partie intégrante de la Minchwesler,
Minchwesler, Brenheim, Neuhems-
République.
bach, Drais, form an integral part of
the Republic.
Les commissaires de la Convention The Commissioners of the Na-
nationale aux armées des Vosges, du tional Convention to the Armies of
Rhin et de la Moselle, sont chargés de the Vosges, the Rhine and the Moselle
prendre toutes les mesures nécessaires are instructed to take all the necessary
pour l'exécution des lois de la Répub- measures for the execution of the
lique dans lesdites villes et communes, laws of the Republic in the said cities
et de faire parvenir à la Convention and communes, and to cause such in-
nationale les renseignements néces- formation to be imparted to the Na-
saires pour fixer le mode d'incorpora- tional Convention as shall be neces-
tion.
sary in order to determine the method
of incorporation.
au,
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 1
EGALITÉ --- FRATERNITÉ
EQUALITY AND FRATERNITY
Extrait des registres des délibéra-
tions du Directoire exécutif.
Extract from the minutes of the
deliberations of the executive Di-
rectory.
Paris, le 9 Nivôse,
Paris 9th Nivôse,
l'an VI de la République fran- year VI of the French Republic,
çaise une et indivisible.
One and Indivisible.
Le Directoire exécutif, informé que The executive Directory, informed
les citoyens de la République de Mul- that the citizens of the Republic of
hausen doivent s'assembler incessam- Mulhausen are about to assemble at
ment pour délibérer sur leur réunion
once to deliberate upon their union
à la République française, arrête ce with the French Republic, resolves as
qui suit:
follows:
Art. 1er. Le citoyen Metzger (Jean- ARTICLE 1. Citizen Metzger (Jean-
Ulric), membre de l'administration Ulric), member of the central ad-
centrale du département du Haut- ministration of the department of the
Rhin, est nommé commissaire du Upper-Rhine, is named commissioner
gouvernement à l'effet de conférer of the government for the purpose of
avec les magistrats, citoyens et habi- conferring with the magistrates,
tants de la République de Mulhausen, citizens and inhabitants of the Re-
sur tout ce qui peut avoir trait à leur public of Mulhausen, regarding
demande tendante à la réunion dont il everything that may have relation to
s'agit, ainsi qu'aux opérations pré- their request tending to the union
liminaires et subsequentes y relatives. in question, as well as the preliminary
and subsequent operations relative
thereto.
ART. 2. Il est chargé en consé- ART. 2. He is consequently charged
quence de recevoir le væu des citoyens to receive the vote of the citizens
et habitants de la République de Mul- and inhabitants of the Republic of
hausen, de le constater, d'en stipuler Mulhausen, to authenticate it, to stip-
1 Musée historique de Mulhouse, Bulletin, No. 21–25, p. 10 et seq.
360
DOCUMENTS
le mode et les conditions par tel traité ulate the manner and conditions there-
ou acte qu'il appartiendra et dont il of by such treaty or act as shall be
adressera sur le champ un double au advised and of which he shall imme-
Directoire exécutif.
diately send a duplicate to the execu-
tive Directory.
Art. 3. Il procédera de suite à Art. 3. He shall at once proceed
l'organisation provisoire des autorités to the provisional organization of
administratives et judiciaires qu'il y such administrative and judicial au-
aura lieu d'établir dans le territoire thorities as there shall be occasion to
réuni de Mulhausen.
establish in the united territory of
Mulhausen.
Le président du Directoire exécutif:
Signé: BARRAS.
Pour le Directoire exécutif: Le
secrétaire général,
Signé: LAGARDE.
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. January 19, 1798 1
Colmar, le 29 Nivôse, an VI.
Colmar 29th Nivôse, year VI.
Aulx inagnifiques et puissants sei- To the great and powerful lords,
gneurs, Messieurs les bourguemaîtres the Burgomasters and Council of the
et Conseil de la République de Mul- Republic of Mulhausen.
hausen.
MAGNIFIQUES ET PUISSANS SEI- GREAT AND POWERFUL LORDS!
GNEURS !
Le Directoire exécutif, instruit que The executive Directory, informed
les citoyens de la République de Mul- that the citizens of the Republic of
hausen doivent s'assembler pour dé- Mulhausen are about to assemble to
libérer sur la réunion à la République deliberate upon union with the French
française, m'a honoré de sa confiance Republic, have honored me with
en me nommant son commissaire aux their confidence in naming me as
fins de connaître le vou des citoyens their commissioner for the purposes
de la République de Mulhausen, et de of learning the wishes of the citizens
1 Musée historique de Mulhouse, Bulletin, No. 221-225, p. 10 et seq.
MULHAUSEN AND GENEVA, 1798
361
conférer avec vous, magnifiques et of the Republic of Mulhausen, and of
puissants seigneurs, les citoyens et conferring with you, great
great and
habitants, sur tout ce qui peut avoir powerful lords, the citizens and in-
trait à la réunion dont il s'agit; de habitants, regarding everything that
recevoir et constater vos võux, ainsi may have relation to the union in
que de stipuler du mode et des condi- question; to receive and authenticate
tions. J'ai l'honneur de vous inviter your votes, as well as to stipulate the
à me faire connaître le vou des cito- manner and conditions. I have the
yens de la République de Mulhausen honor to invite you to make known
en cas qu'il fut déjà émis, et me faire to me the vote of the citizens of the
proposer le mode d'après lequel vous Republic of Mulhausen in case it has
voudrez entrer en conférence avec been already declared, and to propose
moi, sur les différents points relatifs to me the manner in which you would
à la réunion à notre République; elle desire to enter into conference with
consolidera le bonheur et la tranquil- me, upon the different points relative
lité de vos concitoyens, que vous avez to the union with our Republic; it will
su maintenir jusqu'ici avec tant de consolidate the happiness and tran-
sagesse.
quillity of your fellow-citizens, which
you have succeeded in maintaining up
to this time with so much wisdom.
J'ai l'honneur d'être avec la con- I have the honor to be, with the
sidération la plus distinguée, ma- most distinguished consideration,
gnifiques et puissants seigneurs, votre great and powerful lords, your very
très humble et très obéissant serviteur. humble and very obedient servant.
Signé: JEAN-ULRIC METZGER. (Signed) JEAN-ULRIC METZGER.
Reply of the Magistracy. January 19, 1798 1
Mulhausen, le 19 Janvier 1798.
Le magistrat de Mulhausen au cito-
gren Metzger, commissaire du gouver-
neinient.
Mulhausen, 19th January 1798.
The Magistracy of Mulhausen to
Citizen Metzger, Commissioner of the
Government.
CITIZEN COMMISSIONER:
La lettre que vous nous avez fait The letter which you have done us
l'honneur de nous écrire sous date du the honor to write us under date of
29 Nivôse, an VI, nous fait connaître the 29th Nivôse, year VI, informs us
que vous êtes chargé du Directoire that you are charged by the executive
CITOYEN COMMISSAIRE!
1 Musée historique de Mulhouse, Bulletin, No. 221–225, p. 10 et seq.
362
DOCUMENTS
exécutif de la République française, de Directory of the French Republic, to
connaître le væu des citoyens de Mul- learn the wishes of the citizens of
hausen, ainsi que de stipuler du mode Mulhausen, as well as to stipulate the
et des conditions de notre réunion à manner and conditions of our union
la France. Vous nous invitez, en with France. You invite us, more-
outre, de vous faire connaître le vau over, to make known to you the vote
pour la réunion, s'il est déjà prononcé, for the union, if it has already been
et le mode d'après lequel nous dé- given, and the manner in which we
sirons entrer en conférence avec vous, desire to enter into conference with
sur les différents points de notre ré- you, upon the different points of our
union à la République française. union with the French Republic.
Permettez, citoyen commissaire, Permit us, Citizen Commissioner,
que nous vous témoignions d'abord, to first testify to you how much pleas-
combien il nous a fait plaisir d'ap- ure it has given us to learn that it is
prendre que ce soit vous, dont les lu- you, whose intelligence and benevo-
mières et le caractère bienfaisant nous lent character are known to us, who
sont connus, qui ayez été chargé de have been charged with this commis-
cette commission.
sion.
Dans une assemblée générale de In a general assembly of our
notre bourgeoisie, le veu de nos con- citizens, the vote of our fellow-
citoyens s'est tellement prononcé, que citizens was so given that out of 606
sur 606 votants, 591 ont été pour en- voters, 591 were for entering into im-
trer de suite en négociations avec le mediate negotiations with the French
gouvernement français, et 15 seule-
government, and only 15 were for
ment ont été pour différer encore. further delay.
Quant au mode pour traiter avec As to the manner of treating with
vous, citoyen commissaire, nous pro- you, Citizen Commissioner, we will
poserons demain dans une nouvelle propose to-morrow in a new assembly
assemblée de la bourgeoisie de nom- of the citizens to name deputies,
mer des députés, choisis parmi le chosen among the magistracy and the
magistrat et les bourgeois, pour trai- citizens, to treat with you of the con-
ter avec vous des conditions de notre ditions of our union.
réunion.
Veuillez, citoyen commissaire, être Be pleased, Citizen Commissioner,
l'interprête auprès du Directoire de to be the interpreter to the Directory
nos vaux pour la prosperité de la of our wishes for the prosperity of
grande et généreuse République fran- the great and generous French Re-
çaise, et être persuadé des sentiments public, and to rest persuaded of the
de la considération la plus distinguée, sentiments of the most distinguished
avec laquelle nous avons l'honneur consideration, with which we have the
d'être, citoyen commissaire, vos très honor to be, Citizen Commissioner,
MULHAUSEN AND GENEVA, 1798
363
/
humbles et très obeissants serviteurs.
your very humble and very obedient
servants.
(Signed) THE
BURGOMASTERS
AND COUNCIL OF THE CITY OF MUL-
Signé: LES BOURGUEMAÎTRES ET
CONSEIL DE LA VILLE DE MULHAU-
SEN.
HAUSEN.
Treaty of Union of the Republic of Mulhausen with the French Republic.
January 28, 1798 1
Art. I. La République Française ARTICLE I. The French Republic
accepte le vou des citoyens de la Ré- accedes to the wish of the citizens of
publique de Mulhausen et celui des the Republic of Mulhausen and that
habitans de la commune d'Ylzach et of the inhabitants of the commune of
de son annexe Modenheim, formant Ylzach and its annex Modenheim,
une dépendance de Mulhausen, et dé- forming a dependency of Mulhausen,
clare lesdits citoyens et habitans and declares the aforesaid citizens and
Français-nés.
inhabitants French-born.
ART. II. Le gouvernement fran- Art. II. The French government,
çais, pour donner une marque de son in order to give a mark of its attach-
attachement à ses anciens alliés, con- ment to its old allies, consents to pro-
sent à prolonger leur état de neutralité, long their state of neutrality, and, in
et les dispense, par conséquent, de consequence, dispenses them from all
toutes réquisitions réelles et person- requisitions, real and personal, and
nelles et du logement des gens de from quartering men at arms, for the
guerre, pendant la durée de la guerre, duration of the war and until a gen-
jusqu'à la paix générale.
ART. III. Les citoyens et habitans ART. III. The citizens and inhab-
de Mulhausen, d'Ylzach et de Moden- itants of Mulhausen, of Ylzach and of
heim, qui voudront quitter le territoire, Modenheim, who may wish to quit the
auront la faculté de transporter en territory, shall have the right to trans-
Suisse, ou ailleurs, leurs personnes et port into Switzerland, or elsewhere,
fortunes, duement constatées; on leur their persons and possessions, duly
accorde une année, à
année, à dater de authenticated; one year is accorded
l'échange de la ratification des pré- them, dating from the exchange of the
sentes pour sortir, et trois ans pour ratification of these presents, to de-
opérer la vente et liquidation de leurs part, and three years to complete the
liens et créances.
sale and liquidation of their property
and debts.
eral peace.
1 Martens, Recueil des traités, vol. 7, p. 237.
364
DOCUMENTS
ART. IV. Les biens de la ville, tant ART. IV. The property of the
ceux qu'elle possède dans sa propre town, not only that which it possesses
banlieue, que ceux qui lui appartien- in its own suburbs, but that which be-
nent dans la banlieue d'Ylzach et qui longs to it in the suburbs of Ylzach
sont régis par le magistrat et ses agens, and which are managed by the magis-
ceux alloués à l'hôpital, les maisons trate and his agents, those granted to
publiques et celles qui contiennent des the hospital, public buildings and those
fonctionnaires publics, les moulins, for public functionaries, mills, fac-
usines, terres labourables, prés, pa- tories, cultivable lands, fields, pas-
cages, forêts, situés, soit dans l'enclave tures, forests, situated either in the in-
du territoire de Mulhausen, soit hors terior part of the territory of Mulhau-
ladite enclave, ainsi que les rentes et sen or outside the said interior, as well
cens qui pourraient être dus, soit à as the rents and quit-rents which may
la commune, soit à l'hôpital, ou telle be due, either to the commune, or to
autre corporation ou fondation de the hospital, or any other corporation
Mulhausen; en général, tout ce qui or foundation of Mulhausen; in gen-
fait partie du patrimoine de ladite ré- eral, all that makes a part of the patri-
publique, et ce qui s'entend sous le mony of the said republic, and which
nom générique de biens communaux, is understood under the generic name
appartiendront en toute propriété et of communal property, shall belong
sans aucune soustraction à la com- in all right and without any subtrac-
mune de Mulhausen.
tion to the commune of Mulhausen.
ART. V. Les maisons, immeubles ART. V. The dwellings, real es-
et capitaux qui étaient l'apanage des tate and funds which were the ap-
six corporations appelées tribus panage of the six bodies called guilds
(Zünfte) sont également regardés (Zünfte) are likewise regarded as
comme biens communaux.
communal property.
ART. VI. Les forêts, maisons et · Art. VI. The forests, buildings
biens fonds des ordres Teutonique et and lands of the Teutonic Order and
de Malthe, de même que ce que pos- of the Order of Malta, as well as what
sèdent en ville le chapitre d'Arlesheim the chapter of Arlesheim and the
et l'abbaye de Lucelles, sont acquis à abbey of Lucelles possess in the town,
la commune.
shall belong to the commune.
ART. VII. Les dispositions que la Art. VII. The dispositions that
République de Mulhausen aura prises the Republic of Mulhausen may have
ou prendra encore jusqu'à l'échange made or shall make up to the time of
de la ratification des présentes, rela- the exchange of the ratification of
tivement aux biens éconcés ès [sic] these presents regarding the properties
Articles IV, V et VI seront exécutés in Articles IV, V and VI shall be car-
selon leur forme et teneur.
ried out according to their form and
tenor.
MULHAUSEN AND GENEVA, 1798
365
ART. VIII. Les maisons,
Les maisons, capi- Art. VIII. The buildings, funds,
taux, rentes, forêts, communaux et rents, forests, commons and hemp-
chenevières que la ville de Mulhausen fields that the town of Mulhausen has
vient de céder aux habitans d'Ylzach just ceded to the inhabitants of Ylzach
et de Modenheim, annexe dudit and of Modenheim, the annex of the
Ylzach, leur appartiendront en pleine aforesaid Ylzach, shall belong to them
propriété, sans aucune distraction, et in full right, without any diminution,
ils en disposeront ainsi qu'ils aviseront and they may dispose of them as they
et de la manière qui paraîtra la plus wish and in the manner that seems
convenable à leurs intérêts.
the most suitable to their interests.
ART. IX. Pour encourager l'agri- Art. IX. In order to encourage
culture paralysée des communes de the paralyzed agriculture of the com-
Mulhausen et dépendances, le gou- munes of Mulhausen and its depend-
vernement français déclare que les encies, the French government de-
rentes foncières emphytéotiques, et clares that the ground rents, long term
généralement quelconques, qui pe- and any general rents whatsoever,
saient sur les biens fonds et immeubles which bore upon the lands and estates
des citoyens de Mulhausen et de leurs of the citizens of Mulhausen and of
dépendances, au profit des ordres men- their dependencies to the profit of the
tionnés dans l’Article VI et qui appar- orders mentioned in Article VI, and
tiendraient à la nation, sont abolies which should belong to the nation,
sans indemnité. Les possesseurs le- abolished without indemnity.
gitimes de ces biens seront délivrés de The legitimate possessors of these
toute rétribution, et en jouiront en lands are freed from all claims, and
parfaite propriété.
will possess them in perfect right.
Art. X. Le tribunal de commerce ART. X. The commercial court
existant dans la commune de Mul- existing in the commune of Mulhau-
hausen, y sera maintenu et organisé sen shall be maintained there and or-
d'après les lois de la République Fran- ganized according to the laws of the
çaise. Il y aura deux notariats dans French Republic. There shall be two
la ville de Mulhausen ; l'un sera exercé notarial offices in the town of Mul-
par l'ancien greffier tabellion, et le sec- hausen; one shall be administered by
ond par un citoyen à nommer.
the former village notary, and the sec-
ond by a citizen to be named.
Les titres, documents et protocoles The titles, documents and protocols
de la chancellerie seront déposés aux of the chancellery shall be deposited
archives qui auront un garde archi- in the archives which shall be under
viste à salarier par la commune.
11
an archivist, whose salary shall be paid
sera établi, pour faciliter les relations by the commune. To facilitate com-
commerciales, une poste aux chevaux mercial relations a relay post shall be
à Mulhausen; celle des lettres y est established at Mulhausen; the mail
are
366
DOCUMENTS
maintenue. Le gouvernement fran- post is maintained there. The French
çais sera établi la communication di- government shall have direct com-
recte avec Bâle, Colmar et Belfort; et munication established with Basle,
pour faciliter l'expédition des affaires, Colmar and Belfort; and in order to
il sera établi un bureau de timbre et expedite the transaction of business
d'enregistrement dans la commune de there shall be established a stamp and
Mulhausen. L'époque de son acti- registry bureau in the commune of
vité sera fixée par le gouvernement, Mulhausen. The period of its active
ainsi que celle des paiemens des con-
service shall be fixed by the govern-
tributions personnelles et foncières; ment, as well as that of the payment
et comme il n'existe ni cadastres, ni of personal and land taxes; and as
matrice de rôle, puisque les citoyens there exist neither land offices nor
de Mulhausen ont été exempts des registers, since the citizens of Mul-
contributions, il sera établi une com- hausen have been exempt from taxes,
mission qui s'occupera de la confec- there shall be established a commis-
tion du cadastre et des opérations pré- sion which shall occupy itself with the
liminaires, pour fixer et répartir les drawing of a register and preliminary
contributions.
operations for fixing and apportion-
ing the taxes.
Et pour rassurer le commerce et And in order to restore the confi-
l'industrie de Mulhausen, et maintenir dence of trade and industry in Mul-
le crédit des entrepreneurs qui travail- hausen and to maintain the credit of
lent avec des capitaux étrangers, le the contractors working with foreign
gouvernement français déclare qu'il capital, the French government de-
entend conserver aux capitalistes de clares that it intends to conserve for
Mulhausen et dépendances, Suisses et the capitalists of Mulhausen and its
autres étrangers, les mêmes droits, dependencies, Swiss or other foreign-
et le système législation qui exis- ers, the same rights, and the system
tait avant la réunion de la République of legislation which existed before the
de Mulhausen, pour tous les actes, union of the Republic of Mulhausen,
et engagements antérieurs à cette in regard to all instruments, and en-
époque; tous les actes, soit hypothé- gagements previous to this period; all
caires, soit sous seing-privé; les dis- the instruments, whether mortgages
positions, testamens, legs, et tous les or under privy seal; dispositions,
jugemens antérieurs à la ratification wills, legacies, and all judgments an-
de la présente, seront exécutés d'après terior to the ratification of the pres-
les lois statuaires de la ville de Mul- ent, shall be executed according to the
hausen.
statutory laws of the town of Mul-
hausen.
ART. XI. La République de Mul- ART. XI. The Republic of Mul-
hausen renonce à tous les liens qui hausen renounces all the ties that
i
MULHAUSEN AND GENEVA, 1798
367
l'unissaient au corps helvétique; elle united it to the Swiss body; it deposits
dépose et verse dans le sein de la Ré- and pours into the bosom of the
publique Française ses droits à une French Republic its rights to private
souveraineté particulière, et charge le sovereignty, and charges the French
gouvernement français de notifier aux government to notify the Swiss can-
cantons helvétiques, de la manière la tons, in the most friendly manner, that
plus amicale, que leurs anciens alliés their old allies will be in future an
seront désormais partie intégrante integral part of a people who are not
d'un peuple qui ne leur est pas moins less dear to them, and in which they
cher, et dans lequel ils ne cesseront pas
will not cease to be in intimate rela-
d'être en relation intimes avec leurs tion with their former friends.
anciens amis.
ART. XII. La ratification du pré- ART. XII. The ratification of
sent traité sera échangée dans le mois, these presents shall be exchanged
à compter du jour de la signature. within the month, counting from the
day of signature.
Fait à Mulhausen, le 9 pluviôse, an Done at Mulhausen, the 9th Plu-
6, et ratifié par le directoire exécutif viôse, Year 6, and ratified by the
le 22. du même mois; par le conseil executive Directory the 22d of the
des cinq cents le 4 ventôse et par le same month; by the Council of 500
conseil des anciens le 22. ventôse the 4th Ventôse and by the Council of
Ancients the 22d Ventôse, year 6.
an 6.
Decree of the Directory Appointing Citizen Desportes Commissioner to the
Republic of Geneva, to Receive the Vote of Union. March 25, 1798 1
Le Directoire, informé que les cito- The Directory, informed that the
yens de la République de Genève doi- citizens of the Republic of Geneva
vent s'assembler incessamment pour are to assemble immediately to delib-
délibérer de leur réunion à la Répub- erate on their union with the French
lique française, arrête ce qui suit: Republic, decrees as follows:
ART. I. Le citoyen Desportes, ré-
ARTICLE I. Citizen Desportes, rep-
sident de la République française près resentative of the French Republic to
celle de Genève, et nommé commis- that of Geneva, is appointed Commis-
saire du gouvernement, à l'effet de sioner of the Government, for the pur-
conférer avec les magistrats, citoyens pose of conferring with the magis-
et habitants de cette dernière Répub- 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
DOCUMENTS
lique sur tout ce qui peut avoir trait latter Republic regarding all that may
à leur demande tendante à la réunion pertain to their request concerning the
dont il s'agit, ainsi qu'aux opérations union in question, as well as the pre-
préliminaires et subséquentes y rela- liminary and subsequent operations
tives.
relative to it.
ART. II. Il est chargé en consé- ART. II. He is accordingly in-
quence de recevoir le vou des citoyens structed to receive the vote of the citi-
et habitants de la République de Ge- zens and inhabitants of the Republic
nève, de le constater, d'en stipuler le of Geneva, to establish it, to stipulate
mode et les conditions par tel traité ou the manner and conditions by such
acte qu'il appartiendra, et dont il ad- treaty or act as may be proper, of
ressera sur le champ un double au Di- which a copy shall at once be for-
rectoire exécutif.
warded to the Executive Directory.
Treaty of Union of the Republic of Geneva with the French Republic. April
26, 1798 1
Art. I. La république française ARTICLE I. The French Republic
accepte le væu des citoyens de la ré- accedes to the wish of the citizens of
publique de Genève, pour leur réunion the Republic of Geneva, for their un-
au peuple français; en conséquence ion with the French people; conse-
les Genevois, tant ceux qui habitent quently the Genevois, both those in-
la ville et le territoire de Genève, que habiting the city and territory of Ge-
ceux qui sont en France ou ailleurs, neva and those who are in France or
sont déclarés français-nés.
elsewhere, are declared to be " French-
born.”
Les Genevois absens ne sont pas
The absent Genevois are not con-
considérés comme émigrés; ils pour- sidered as emigrants; they may at any
ront en tous temps revenir en France, time return to France and establish
et s'y établir. Ils jouiront de tous themselves there. They shall enjoy
les droits attachés à la qualité de cito- all the rights belonging to the French
yen français, conformément à la con- citizenship, according to the Consti-
stitution.
tution.
Le gouvernement français considé- The French government, consider-
rant que les nommés Jacques Mallet ing that Jacques Mallet du-Pan, the
du-Pan l'ainé, François d'Yvernois et elder, François d'Yvernois and
Jacques-Antoine-Duroveray, ont écrit Jacques - Antoine - Duroveray have
et mancuvré ouvertement contre la openly written and labored against the
1 Martens, Recueil des Traités, 2d edition, vol. 7, p. 659.
MULHAUSEN AND GENEVA, 1798
369
république français, déclare qu'ils ne French government, declare that they
pourront en aucun temps être admis à
may never at any time be admitted
l'honneur de devenir citoyens fran- to the honor of French citizenship.
çais.
ART. II. Les Genevois qui vou- ART. II. The Genevois who may
dront transporter leur domicile en wish to change their domicile to Swit-
Suisse ou ailleurs, auront pendant un zerland or elsewhere, shall have, for
an, à dater de la ratification des pré- one year dating from the present rati-
sentes, la faculté de sortir avec leurs fication, the right to depart with their
effets mobiliers, dûment constatés. personal property duly authenticated.
Ils auront trois ans pour opérer la They shall have three years in which
vente et la liquidation de leurs biens to effect the sale and liquidation of
et créances, et pour en exporter le their real property and debts, and to
prix.1
remove the amounts received.
ART. XIII. La république de Ge- ART. XIII. The Republic of Ge-
nève renonce aux alliances qui l'unis- neva renounces the alliances which
saient à des états étrangers; elle dé- unite it to foreign states; it deposits
pose et verse dans le sein de la grande and delivers into the bosom of the
nation, tous ses droits à une souve- great nation all its rights of private
raineté particulière.
sovereignty.
Art. XIV. La ratification du ART. XIV. The ratification of the
présent traité sera échangée dans le present treaty shall be exchanged
mois, à compter du jour de la signa- within the month, counting from the
ture.
date of signature.
Fait double à Genève, le 7 floréal, Done in duplicate at Geneva, the 7
an 6 de la république française, une floréal, year 6 of the French Repub-
et indivisible.
lic, one and indivisible.
Signé: Moïse-Moricand, syndic; Signed: Moise-Moricand, syndic;
Samuel Musard, syndic; L. Guérin, Samuel Musard, syndic; L. Guérin,
syndic de la garde; Paul Louis Rival, chief of the guard; Paul Louis Rival,
syndic; Esau Gasc, secrétaire; Fran- syndic; Esau Gasc, secretary; Fran-
çois Romilly, secrétaire. Le commis- çois Romilly, secretary. The Com-
saire du gouvernement français; signé missioner of the French Gouvern-
FELIX DESPORTES.
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 même 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 1
Le terribili circonstanze di fatto On account of the terrible events
per le quali la nostra città è abban- through which our city has been
donata dalle diverse autorità fa sì che abandoned by the diverse authorities,
la Congregazione municipale debba it devolves upon the Municipality to
assumere in via interinale la direzione assume the direction of all functions
d'ogni potere allo scopo della pubblica in internal matters for the sake of
sicurezza. Egli è perciò che si fa un public security. For this reason it is
dovere di far noto ai cittadini che sino
necessary to notify the citizens that
a nuovo avviso essa concentrerà mo- until further notice the several func-
mentaneamente le diverse attribuzi- tions are concentrated for the present
oni onde condurre le cose al fine des- in its hands in order to bring about
iderato dell'ordine e della tranquillità. the desired order and tranquillity. To
Ai membri ordinari della Congrega- the regular members of the congrega-
zione vengono aggiunti in via prov- tion are added provisionally Messrs. :
visoria i signori: Vitaliano Borro- Vitaliano Borromeo, Francesco Bor-
meo Francesco Borgia - Alessan-
Alessan- gia, Alessandro Porro, Teodoro
dro Porro — Teodoro Lecchi - Giu- Lecchi, Giuseppe Durina, Anselmo
seppe Durini — Avv. Anselmo Guer- Guerrieri, barrister, Enrico Guicciar-
rieri - Avv. Enrico Guicciardi – Ga- di, barrister, Gaetano Strigelli.
etano Strigelli.
Milano, 20 marzo 1848, ore Milan, March 20, 1848, 1 P.M.
pomeridiana.
CASATI, Mayor; BERETTA,
CASATI, Podestà - BERETTA,
,
Secretary.
assessore.
una
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. March 22, 1848 1
GOVERNO PROVVISSORIO
THE PROVISIONAL GOVERNMENT
Finché dura la lotta non è oppor- While the struggle is still going on
tuno di mettere in campo opinioni sui it is not expedient to enter into dis-
futuri destini politici di questa nostra cussion as to the future political des-
carissima Patria.
tiny of our beloved country.
Noi siamo chiamati per ora a con- To-day we are called to conquer
quistarne l'independenza, e i buoni our independence and good citizens
cittadini di null'altro debbono adesso should occupy themselves with noth-
occuparsi che di combattere.
ing but fighting
A causa vinta i nostri destini sar- Our cause victorious, our destinies
anno discussi e fissati dalla Nazione. shall be discussed and settled by the
nation.
22 marzo 1848.
March 22, 1848.
CASATI, Presidente.
CASATI, President
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.
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.
Proclamation of King Carlo Alberto Promising a Free Vote. March 31,
1848 2
ITALIANI DELLA LOMBARDIA, DELLA
VENEZIA, DI PIACENZA E REGGIO!
ITALIANS OF LOMBARDY, VENETIA,
PIACENZA AND REGGIO!
Chiamato da quei vostri concitta-
dini, nelle cui mani una ben meritata
fiducia ha riposto la temporaria di-
Called by those of your fellow citi-
zens, in whose hands a well merited
trust has placed the temporary direc-
1 Le Assemblee, vol. 1, p. 120.
2 Ibid., vol. 1, p. 122.
372
DOCUMENTS
rezione della cosa pubblica, e sopra- tion of public affairs, and, above all,
tutto spinto visibilmente dalla mano visibly impelled by the hand of God,
di Dio, il quale, condonando alle tante who, pardoning her ancient sins be-
sciagure sofferte da questa nostra cause of the misfortunes suffered by
Italia le colpe antiche di lei, ha voluto this Italy of ours, has desired to sum-
ora suscitarla a nuova gloriosissima mon her to a new and most glorious
vita, io vengo tra voi alla testa del life, I come to you at the head of my
mio esercito, secondando così i più army, thus obeying the dearest wish
intimi impulsi del mio cuore; io ven- of my heart; I come to you not desir-
go tra voi non curando di prestabilire ing to make any anticipatory com-
alcun patto: vengo solo per compiere pact: I come solely to fulfil the great
la grande opera dal vostro stupendo work so happily begun by your stu-
valore così felicemente incominciata. pendous valor.
0
Italiani! la vostra vittoria è certa : Italians: Your victory is certain :
le mie armi abbreviando la lotta ricon- My arms, by shortening the struggle,
durranno tra voi quella sicurezza che shall restore security to you which
vi permetterà di attendere con animo will permit you to await with serene
sereno e tranquillo a riordinare il and tranquil mind the reordering of
vostro interno reggimento: il voto your internal system: the wish of the
della Nazione potrà esprimersi ver- nation shall be expressed freely: in
acemente e liberamente: in quest'ora this solemn hour you should be actu-
solenne vi muovano sopratutto la car- ated above all by love of country and
ità della patria e l'abborrimento delle hatred of the ancient divisions and of
antiche divisioni, delle antiche dis- the ancient discords, which opened the
cordie, le quali apersero le porte gates of Italy to the foreigner. In-
d'Italia allo straniero: invocate dall'al- voke from on high celestial inspira-
to le celesti-ispirazioni ; e che l'angel- tion, and may the angelic spirit of
ico spirito di Pio IX scorra sopra di
Pius IX watch over you.
There shall
voi: Italia sarà !
be an Italy.
Dal Nostro Quartier Generale
From Our Headquarters, at Lodi,
in Lodi, il 31 marzo 1848.
March 31, 1848.
CARLO ALBERTO.
CARLO ALBERTO
Il ministro della guerra Franzini.
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. March 31, 1848 1
Lodi, 31 marzo 1848.
Lodi, March 31, 1848.
PREGIATISSIMO SIGNOR CONTE CA- TO THE MOST ESTEEMED COUNT CA-
SATI,
SATI,
Le trasmetto confidenzialmente I send you confidentially a copy of
copia di una nota progettata nei Con- a note proposed in the Royal Council,
sigli del Re, la quale mi venne pure
which was also communicated to me
confidenzialmente comunicata. Mi in confidence. Write me, I pray you,
scriva, la prego, il di lei privato parere your personal judgment on this docu-
su questo documento per mia norma ment, for my rule and guidance; I
e governo; desidero però NON NE SIA desire, however, that NO MENTION OF
AD ALTRI FATTA PAROLA.
IT BE MADE TO ANY ONE ELSE.
Mi credo intanto,
Believe me
Obbligatissimo,
Your obedient servant
MARTINI.
MARTINI.
Inclusa nota. Sua Maestà m'in- Note inclosed. His Majesty in-
carica di significare a Vossignoria le structs me to inform your Excellency
cose qui appresso. Nel riconoscere of the following matter. In recog-
il Governo provvisorio residente in nizing the Provisional Government
Milano, e nel trattare con esso, Sua sitting at Milan, and in treating with
Maestà ha inteso di aver che fare con it, His Majesty had the intention of
un potere che la sola forza imperiosa dealing with a body which has been
delle circostanze aveva investito di invested with authority solely through
quell' autorità, che con tanto patriot- the imperious force of circumstances,
tismo ha saputo esercitare. Sua Ma- and which has known how to exer-
està considera (ed è lieta di trovarsi cise it with so much patriotism. His
in ciò pienamente concorde col senti- Majesty is of the opinion (and happy
mento già chiaramente e pubblica- to find himself, in this, in complete
mente espresso dal Governo prov- accord with the sentiments already
visorio) che al solo popolo che con clearly and publicly expressed by the
tanto valore ha saputo di recente lib- Provisional Government) that to the
erarsi dal giogo straniero, spetta il people alone, who with so much valor
sacro diritto di determinare la forma have known how to deliver themselves
del suo proprio Governo. È perciò recently from the foreign yoke, be-
desiderio di Sua Maestà che il Gov- longs the sacred right of determining
erno provvisorio provveda, nel più the form of its own government.
1 Le Assemblee, vol. 1, p. 124.
374
DOCUMENTS
breve tempo possibile, alla convoca- For this reason it is the desire of His
zione di quell'assemblea elettiva, che Majesty that the Provisional Govern-
dovrà sovranamente decidere dei fu- ment shall provide, as quickly as pos-
turi destini di queste belle provincie sible, for the convocation of an elec-
italiane.
tive assembly, which shall have the
sovereign function of deciding as to
the future destiny of these beautiful
Italian provinces.
È pure desiderio di Sua Maestà (ed It is also the desire of His Majesty
anche in ciò confida di trovarsi piena- (and in this again he is confident of
mente d'accordo colle intenzioni del finding himself in complete accord
Governo provvisorio) che l'Assem- with the intentions of the Provisional
blea emani da un sistema di elezioni Government) that the electoral system
larghissimo e liberalissimo; per modo from which the Assembly shall result,
che le decisioni di essa possano real- shall be very broad and very liberal,
mente riguardarsi siccome l'espres- in order that the decision of the same
sione la più sincera del comun voto. may be really regarded as a most sin-
cere expression of the common will.
Compiacciasi la Signoria Vostra di May it please Your Excellency to
trasmettere questa nota al Governo transmit this note to the Provisional
provvisorio di Milano e di pregare Government at Milan and to beg the
quest'ultimo a volerla diramare ai latter to be so good as to repeat it to
Governi provvisori delle altre città the Provisional Government of the
della Lombardia e della Venezia e in other cities of Lombardy and Venetia,
quelli ancora di Piacenza e di Reggio; and also to the Government of Pia-
in questo modo Sua Maestà intende di
cenza and of Reggio; His Majesty
esprimere il suo desiderio che la città takes this means of expressing his de-
di Milano sia sede dell'Assemblea che sire that the city of Milan should be
sta per convocarsi.
the seat of the Assembly which is to
be convoked.
Vostra Signoria è anche autoriz- Your Excellency, in agreement
zata di far pubblicare per le stampe, with your own Government, is also
d'accordo col proprio Governo, la authorized to make publication of the
presente nota.
enclosed note in the press.
Il ministro della guerra e marina, Minister of War and of the Navy,
FRANZINI.
FRANZINI.
ITALIAN PLEBISCITES OF 1848
375
The Provisional Government Appoints a Commission to Draw up a Plan for
the Convocation of a National Assembly. April 8, 1848 1
GOVERNO PROVVISORIO CENTRALE
DELLA LOMBARDIA
THE CENTRAL PROVISIONAL GOVERN-
MENT OF LOMBARDY
Affinchè la Nazione con un voto In order that the nation, by a free
libero, che sia la vera espressione del vote which shall be the true expres-
poter popolare, possa decidere i fu- sion of the popular will, may be able
turi destini della patria, il Governo to decide the future destiny of the
provvisorio ha fisso di convocare nel country, the Provisional Government
più breve termine possibile una Rap has determined to convoke as soon as
presentanza nazionale.
possible a representative national
body.
A quest'uopo, avendo riconosciuto To this end, having recognized that
che nella gloriosa rigenerazione d'un in the glorious regeneration of a peo-
popolo non si può che fare appello a ple one can not do otherwise than
tutti i cittadini, e interrogare il loro make an appeal to all the citizens and
voto; e considerando quanto sia nec- inquire as to their will; considering
essario uno studio accurato ed una how very necessary is an accurate
disamina imparziale de’mezzi più ac- study and an impartial examination
conci a conoscere veramente il voto of the most appropriate means by
universale, il Governo provvisorio which to truly ascertain the national
crede opportuno di circondarsi dei will, the Provisional Government be-
lumi di tutti i concittadini e di farsi lieves it to be expedient to avail itself
forte del loro consiglio. E però of the intelligence of all the citizens
and to strengthen itself by their
councils. It therefore
DETERMINA:
DECREES:
È istituita una Commissione spe- The institution of a special commis-
ciale, che senza dimora si occupi a sion, which shall occupy itself without
studiare e a proporre un progetto di delay with the study and the presen-
legge per la convocazione delle As- tation of a bill providing for the con-
semblee primarie e circa il modo di vocation of the primary assemblies
riunirle, di raccoglierne e verificarne i and for the method of convoking
voti.
them and of receiving and collecting
the votes.
Questa Commissione è presieduta This Commission shall be presided
1 Le Assemblee, vol. 1, p. 127.
376
DOCUMENTS
da un commissario del Governo prov- over by a commissioner of the Pro-
visorio che possa darle all'uopo quegli visional Government who shall be
schiarimenti che avesse a desiderare. able to give, at need, such explana-
tions as may be desired.
Essa è composta de seguenti citta- The Commission is composed of
dini:
the following citizens :
Alessandro Porro, commissario Alessandro Porro, Government
governativo, Presidente, Gioachino Commissioner, President; Gioachino
Basevi, Paolo Bassi, Giovanni Ber- Basevi, Paolo Bassi, Giovanio Ber-
chet,
chet; . .
Questa Commissione potrà chia- The Commission may add to itself
mare nel suo seno altri membri, non- other members, nominate its own
inare il proprio segretario, determinar secretary, and determine the rules of
l'ordine delle sedute; le quali, dov'essa the sessions, which if it is found ex-
lo trovasse opportuno, potranno anche pedient, shall be public.
essere pubbliche.
Avrà cura la Commissione che il The Commission shall take care
suo progetto sia pur suscettivo di that its proposition shall be capable
poter essere adottato anche dagli altri of being adopted also by the other
paesi d'Italia che ora si stanno cos- divisions of Italy now organizing
tituendo.
themselves.
La migliore, la più grande vittoria The best, the greatest victory which
che avremo ottenuta sarà quella we shall have achieved, will be that of
dell'unità nazionale.
national unity.
Milano, l'8 aprile 1848.
Milan, April 8, 1848.
GABRIO CASATI, Presidente.
GABRIO CASATI, President.
The Provisional Government of Lombardy Proclaims a Plebiscite. May 12,
1848 1
GOVERNO PROVVISORIO DELLA
LOMBARDIA
PROVISIONAL GOVERNMENT OF
LOMBARDY
Milano, 12 maggio 1848.
Milan, May 12, 1848.
CITTADINI!
CITIZENS!
Il Governo provvisorio della Lom- The Provisional Government of
bardia, sorto tra le barricate, tiene il Lombardy, born among the barri-
1 Le 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. Ibid.,
:
p. 200.
ITALIAN PLEBISCITES OF 1848
377
suo mandato dal fatto sublime dell' cades, holds its mandate from the
eroica nostra rivoluzione, la quale, sublime fact of our heroic revolution,
operata dal concorso di tutte le forze which, brought about by the combina-
sociali, non aveva altro scopo che la tion of all the social forces, had no
cacciata dell'Austriaco e la conquista other purpose than the expulsion of
dell'independenza italiana. Perciò, the Austrians and the conquest of
fin da quando tuonava il cannone nelle Italian independence. Therefore,
nostre contrade, e il popolo rispon- from the time when the cannon thun-
deva a'colpi micidiali gridando Viva dered in our land and the people an-
l’Italia!, il Governo, anche nella pres- swered the murderous blows with the
sura di quel momento, anche invocan- cry of “ Long live Italy!” the Gov-
do il soccorso del generoso Re Sardo, ernment, although under the pressure
anche ammirando le prove di maturi- of the moment, and praying for the
tà politica che dava il nostro valoroso success of the generous Sardinian
popolo, disciplinato e mite nei furori 'King, and marvelling at the proof of
stessi di una guerra a morte, non cred- political maturity given by our valor-
ette d'alzare altro grido che il grido ous people, disciplined and mild even
di Viva l'Italia! altro vessillo che il amid the fury of a war to the death, ,
vessillo dell'independenza nazionale. has had no thought of raising any
Così, lasciando intatte tutte le quis- other cry save that of “Long live
tioni di forma politica e di ordina- Italy!”, no other standard than that
mento definitivo, volle che queste re- of national independence. Thus,
gioni, per tanti anni forzate a chi- leaving untouched all the questions of
amarsi straniere all'Italia, prime political form and of definitive organ-
tornassero alla Patria comune e, ization, it determined that these
rassegnate ad ubbidirne i voleri, proc- regions, forced for so many years to
lamassero la loro devozione all'Italia call themselves foreign to Italy,
unita e concorde.
should be first to join the common
country and, submitting to its wishes,
should proclaim their devotion to
Italy, united and harmonious.
Quindi nel Proclama del 22 marzo Hence in the Proclamation of
dichiarava che, essendo chiamati a March 22, it was proclaimed that,
conquistare l'independenza di questa “ being called to conquer the inde-
nostra carissima Patria, di null'altro i pendence of this our beloved Coun-
buoni cittadini doveano allora occu- try, good citizens should occupy then-
parsi che di combattere; quindi nel selves with nothing but fighting,"
Proclama del 29 marzo soggiungeva: hence in the Proclamation of March
Poichè un solo grido - l'indepen- 29 was added, “Since there was one
denza - ci ha fatto vincere, un solo cry alone — Independence' which
378
DOCUMENTS
6
non
grido deve farci compiere la vittoria: has brought victory, one cry alone
L'ITALIA UNITA E LIBERA.
should make the victory complete;
ITALY UNITED AND FREE!'"
Ma ora, o cittadini, il grido salva- But to-day, oh Citizens, the saving
tore di Viva l'Italia! che, riassumeva cry of “ Long live Italy!” which
tutta quanta la politica del Governo summed up the policy of the Provi-
provvisorio, esce più solo. sional Government, is not the only one
Quella coraggiosa neutralità d'opin- heard. That courageous neutrality
ioni, quella forte aspettativa che sa- of opinion, that steadfast patience
rebbe stata uno spettacolo unico nella which would have been a spectacle
storia, che avrebbe offerto un mera- unique in history, offering a stupend-
viglioso esempio di temperanza, di ous instance of temperance, of the
momentaneo sacrificio di ciò che momentary sacrifice of that which
l'uomo men facilmente tempera e sa- men less easily tolerate and sacrifice,
crifica, non venne conservata. Quella was not preserved. That sacred har-
santa concordia, quella generale fra- mony, that general fraternity through
tellanza per cui ogni cittadino vedeva which each citizen was seeking among
e cercava negli altri cittadini de'com- the other citizens for brothers in
militoni, quella magnanima tolleranza arms, that magnanimous patience
che nulla voleva dal presente e tutto which asked nothing of the present
aspettava dall'avvenire, purtroppo and expected everything of the future,
hanno dato luogo all'impazienza sdeg- all these things unfortunately have
nosa ed irritante. Indocili di freno, given place to contemptuous and irri-
smaniose di preoccupare il libero ar- tating impatience. Intolerant of re-
ringo, le opinioni si agitarono, si ac- straint, covetous of the first place in
cusarono a vicenda, s'accamparono le the open forum, the various opinions
une contro alle altre. La neutralità became articulate, making mutual ac-
ch'era proclamata per impedire i dis- cusations and arraigning themselves
sidi e le discussioni inutili in faccia al each against the other. The neutral-
nemico, la neutralità che era stata ity proclaimed in order to avert dis-
proclamata in ossequio alla Patria sension and useless discussion in face
italiana perchè tutto si riferisse a' su- of the enemy, that neutrality pro-
premi di lei interessi e intorno alla claimed in obedience to the Italian
sacra di lei bandiera si raccogliessero Mother Country, in order that every-
per unificarsi tutti i desideri, tutti i thing be referred to her supreme in-
voti, ora viene accusata di nutrire e terests and that around her sacred flag
fomentare le discordie civili, d'autor- all should be joined together for the
izzare le più avverse e nemiche spe- sake of unifying all desires, is now ac-
ranze, di tenere tutto il resto d'Italia cused of nourishing and fomenting
in una paurosa incertezza.
civil discord, of giving rise to the
most adverse and unfriendly hopes,
中 ​•
ITALIAN PLEBISCITES OF 1848
379
and of keeping all the rest of Italy in
a dreadful uncertainty.
Nè gli animi si contennero nei limiti Nor did they keep themselves
di una discussione che nel suo ardore within limits in a discussion already
era già pericolosa; ma in molte prov- dangerous on account of its fervor;
incie si pubblicarono indirizzi, si rac- but in several provinces addresses
colsero firme a miglaia, preludendo were published, and thousands of
così al voto della Nazione: società signatures were collected, thus antici-
s'organizzarono con nomi e intenti di- pating the vote of the nation; soci-
versi, in cui le quistioni più sottili ed eties were organized with various
ardenti vennero agitate, discusse, pub- titles and purposes, in which the most
blicate: la stampa legale, la stampa subtle and vital questions were agi-
anonima si diedero ad esercitare tated, discussed and made public.
propagande fra loro contrarie, susci- The official press and the anonymous
tarono passioni, alimentarono spe- press began to spread propaganda of
ranze, insinuarono, imposero la con- different kinds, to arouse passions, to
venienza, la necessità di riescire ad nourish hopes, to make insinuations,
uno scioglimento.
to maintain the expediency and the
necessity of coming to a solution.
E intanto da tutte parti ci giungono In the meantime, from all sides
inviti, raccomandazioni pressanti di there come to us invitations and press-
prendere una risoluzione: Popoli, Gov- ing, recommendations to come to a
erni, Città, uomini ragguardevoli pel decision; peoples, governments, cities,
senno, pel patriottismo, per le guaren- men noted for their judgment, for
tigie date alla causa italiana, ci esor- their patriotism, for the guarantees
tano ad escire de quel campo in cui given by them to the Italian cause, ex-
c'eravamo trincerati in aspettazione di hort us to issue from that barricade
quello che fossero per maturare gli behind which we had intrenched our-
avvenimenti generali d'Italia.
selves while awaiting the general de-
velopments in Italy.
In questo stato di cose il Governo During this state of affairs the
provvisorio di Lombardia non può più Provisional Government of Lom-
aver fiducia nel principio di quella bardy can no longer trust in the prin-
neutralità che aveva proclamata per ciple of that neutrality which it had
consacrarsi tutto alla guerra e alla proclaimed in order to wholly conse-
difesa del paese. L'aveva procla- crate itself to the war, and to the de-
mata per poter essere un Governo fence of the country. It had pro-
unicamente guerriero ed ammini- claimed it in order to be exclusively
stratore: ed ora invece si trova tra- a military and administrative govern-
scinato in mezzo alle distrazioni di in- ment, and now, instead, it is forced
cessanti dispute politiche, e costretto into the distraction of incessant polit-
380
DOCUMENTS
a difendersi ogni giorno dall'insist- ical disputes and is obliged to defend
enza delle più divergenti opinioni. itself constantly from the most di-
vergent and insistent opinions.
Questo stato di cose non può durare. This state of affairs cannot endure.
O il popolo riprenda il suo impegno Either the people should take back
di non voler parlare di politica, e con again its pledge of not wishing to
la sua grande voce imponga silenzio speak of politics, and with its mighty
ai partiti; o si decida per quella fu- voice impose silence on the parties;
sione che sola è naturale, sola è pos- or it should decide for that fusion
sibile nelle presenti circostanze. which is alone natural and alone pos-
sible in the present circumstances.
In favore del principio della neu-
In favor of this principle of neu-
tralità stava la grandiosità e l'unità trality were the greatness and the
del concetto che tutto subordinava unity of the conception which sub-
al voto dell'intera Nazione. Ma, ordinated everything to the will of
perchè si persistesse a professare e the entire nation. But, it was neces-
praticar questo principio, bisognava sary that minds should become calm
che gli animi si componessero in calma, and confirmed in the courage of pa-
che si confermassero nel coraggio tience, in order that we should con-
della pazienza: bisognava avere una tinue to profess and practice this prin-
stima grandissima degli uomini, un ciple; it was necessary to have a very
giudizio continuamente pacato delle great respect for men, a persistently
cose: bisognava in ispecie che diven- temperate judgment of affairs, it was
tasse legge per tutti il rispetto fra- especially necessary that a fraternal
terno delle opinioni di tutti. Nè respect for other's opinions should be-
veramente era da sperarsi che una come law for all. Nor was it really
tale condizion d'animi, una tale an- to be hoped that such a condition of
negazione d'ogni simpatia individua, mind, such a renunciation of all indi-
d'ogni preoccupazione di dottrine e vidual sympathies, of all preconceived
di fatti, a lungo durasse. Ma, quan- convictions as to doctrines and facts,
do si accoglieva tale speranza, guerra should long endure. When this hope
breve e vittoria sicura erano nel pen- was conceived, a short war and a cer-
siero di tutti; e perciò a tutti pareva tain victory were in the thoughts of
facile e naturale rimettere a causa all; and therefore it seemed easy and
vinta la discussione dei destini po- natural to all to put off
until our
litici del paese.
cause is victorious, the discussion of
the political destinies of the country.”
Invece, guerra grossa, sanguinosa, Instead, a great, long and san-
lunga, armamento di tutto il paese; guinary war, the arming of the whole
leva ed organizzazione di un esercito country, conscription and organiza-
lombardo; sussistenze per questo, pel tion of a Lombard army, supplies for
ITALIAN PLEBISCITES OF 1848
381
piemontese, pel toscano, pel romano, this and for the Piedmontese, for the
pel napolitano; finanze che hanno
che hanno Tuscan, the Roman, the Neapolitan
bisogno di rimedi e sussidi pronti, ef- armies; finances in need of remedy,
ficaci, ubbiditi senza contraddizione and subsidies ready, efficacious and
in tutto il territorio; complicazioni obeyed without question throughout
politiche imprevedute; influenze ostili all the territories. Unforeseen polit-
della straniera diplomazia; bisogno ical complications; hostile influences
urgente d'aver posto nel consorzio of foreign diplomacy; the urgent need
delle nazioni d'Europa; le provincie of a place in the Society of European
venete in gran parte rioccupate dai Nations; Venetia in great part reoc-
barbari; ecco le nuove e gravi con- cupied by the barbarians; these are
dizioni nelle quali il paese si trova e the new and grave conditions in which
che consigliano una decisione.
the country finds itself and which
render a decision expedient.
Quale sarà
questa
decisione? What shall this decision be? Cer-
Certo quella che più favorisca la gran tainly that which will best favor the
causa d'Italia, quella che più acceleri great cause of Italy, which will best
il fine della guerra dell'independenza. accelerate the object of the war of
E però come Lombardi, in nome e independence. Therefore, as Lom-
per l'interesse di queste provincie, bards, in the name and for the inter-
come Italiani, per l'interesse di tutta est of these provinces; as Italians, in
la Nazione, dobbiamo riconoscere the interest of the whole nation, we
provvido il pensiero che le nostre terre must recognize the wisdom of the
si associno al vicino e bellicoso Pie- thought that our land, in order to
monte, salve le communi guarentigie make of Upper Italy an invincible bul-
della libertà, per formare dell'alta wark against any foreign invasion,
Italia un inespugnable baluardo con- should associate itself with the neigh-
tro tutte le forestiere invasioni, sotto boring and warlike Piedmont, with
lo scettro costituzionale di quell’ilus- , mutual guarantees of liberty, under
tre Casa di Savoia a cui la storia as- the constitutional sceptre of that illus-
segnò il glorioso titolo di guardiana trious House of Savoy to which his-
delle porte d'Italia.
tory has assigned the glorious title of
Guardian of the Gates of Italy.
Già Parma e Modena ci hanno Already. Parma and Modena have
preceduto nella manifestazione più o preceded us in more or less explicit
meno esplicita di questo voto che in- manifestations of this desire, which,
izia in si nobile parte d'Italia il gran in such noble regions of Italy is giv-
pensiero dell'italica unità: già la Si- ing rise to the great thought of Italian
cilia, dichiarando solennemente di unity; already Sicily, by solemnly de-
commettere le sue sorti al reggimento claring that it entrusts its destinies to
monarchico costituzionale, ci ha mos- the government of a constitutional
382
DOCUMENTS
trato qual sia di presente la strada monarchy, has shown us the road now
aperta all'unione d'Italia. Or dunque open to the union of Italy. Now,
non dovrà la Lombardia, dall'altezza then, should not Lombardy from the
del posto in che fu collocata dalla sua lofty position in which victory has
vittoria, rispondere fieramente all'ac- placed her, answer proudly the accu-
cusa che le fu niossa di voler fare da se sation made against her of wishing
e per sè? Non dovranno i Lombardi to act by herself and for herself?
attestare grato animo a quei fratelli Should not the Lombards show a
che loro corrono incontro, che danno grateful spirit to those brothers who
loro sì splendidi argomenti di simpatia, hasten to meet them, who give them
che sono pronti a rimuoversi in loro such splendid proof of sympathy and
favore dalle ambizioni più legitime, e who are ready to surrender in their
non altro anelano che d'averli con- favor their most legitimate ambitions,
sorti nella grand'opera del ricomponi- their only desire being to have their
mento dell'italica unità?
fates linked together in the great
work of the remaking of Italian
unity?
A voi tocca decidere, o cittadini, a It is for you to decide, oh Citi-
voi tocca ponderare se nelle circos- zens, it is for you to consider whether
tanze presenti sia da persistere in un under the present circumstances we
partito che, una volta opportuno, ora should persist in a resolution which
potrebbe forse esser fomite di dis- was at one time expedient, but which
cordia, presso alla quale sta sempre might today, perhaps, excite discord,
la schiavitù; o se un altro se ne debba which is always closely followed by
abbracciare, determinato dal pensiero slavery; or whether, determined by
dei grandi interessi della patria itali- the thoughts of great interests and of
Il vostro Governo non può the Italian country, we should form
rimanere spettatore indifferente del another resolution. Your Govern-
pericolo di una discordia civile; ed è ment can no longer remain an indif-
nel proposito di rendervi uniti e forti ferent spectator of the danger of civil
che ha determinato di fare appello al discord; it is for the purpose of ren-
popolo intero perchè la sua sacra e dering you strong and united that it
potentissima voce copra quella di has decided to make an appeal to the
tutti i partiti per confonderli in uno entire population, so that its sacred
solo
and omnipotent voice shall overpower
that of all parties and unite them in
one.
Premesse queste considerazioni. These considerations are here pref-
aced.
ana.
ITALIAN PLEBISCITES OF 1848
383
IL GOVERNO PROVVISORIO
DELLA LOMBARDIA
THE PROVISIONAL GOVERN-
MENT OF LOMBARDY
DECRETA:
DECREES: 1
1. Sono aperti registri della forma 1. The registers are open in all the
di cui abbasso, presso tutte le parro- parishes of the communes of Lom-
chie di tutti i comuni di Lombardia bardy, in order to collect the signa-
all'effeto di ricevere le sottoscrizioni tures of the Lombard people.
del popolo lombardo.
2. L'uomo che avrà ventun anni 2. Every man of twenty-one years
compiuti avrà diritto di sottoscrivere. of age has the right to vote.
3. Gl’illetterati faranno la croce alla 3. Those who can not write will
presenza del parroco e di due dele- make a cross in the presence of the
gati, nominato come agli articoli 5 e 6. curate and two delegates named as in
Articles 5 and 6.
4. La sottoscrizione dovrà essere 4. The vote must be given by each
fatta da ciascheduno nella parrochia person in the parish where he resides,
dove tiene la propria abitazione, senza without distinction of
religious
distinzione di culti.
creeds.
5. I parrochi o coloro che ne fanno 5. The curates, or those who act
le veci saranno assistiti nel ricevi- for them, will be assisted in collect-
mento delle sottoscrizioni da due dele- ing the votes by two delegates named
gati nominati nelle città dalle rispet- in the cities by their respective Munic-
tive Congregazioni municipali, come ipal Congregations as in Article 6.
all'articolo 6.
6. Nei comuni di campagna i par- 6. In the country towns and vil-
roci saranno assistiti da due dei mem- lages the curates will be assisted by
bri delle Deputazioni comunali o loro two of the members of the Communal
sostituti, oppure da due persone scelte Deputations, or their substitutes, or
dalle stesse Deputazioni.
by two persons chosen by the same
Dove però esistono Consigli comun- deputations. Where Communal
ali, i delegati saranno scelti di prefer- Councils exist, however, the delegates
enza nel corpo dei consiglieri.
shall be chosen in preference from
the body of councillors.
7. I registri saranno aperti presso 7. Registers shall be open in the
le parrochie del giorno nel quale parishes from the day in which the
sarà fatta
fatta la pubblicazione della present law shall be published in the
presente legge nei rispettivi comuni, respective communes, and they shall
1 The translation of these articles is taken from British Parliamentary Papers, Affairs of
Italy (1849), vol. 57, part II (1108), p. 465.
384
DOCUMENTS
e saranno chiusi indefettibilmente a be closed definitively on the 29th of
tutto il giorno 29 del corrente mese di May, the anniversary of the battle of
maggio, anniversario della battaglia Legnano.
di Legnano.
Dopo di che, suggellati dai parrochi, After which they will be sealed up
saranno rimessi alle rispettive Depu- by the different curates, and sent to
tazioni comunali od alle Congrega- the respective Communal Deputations
zioni municipali.
or Municipal Congregations.
8. Dovendosi poi provvedere che il 8. It being necessary to provide
diritto di voto possa essere regolar- that the right of voting should be
mente esercitato anche dai cittadini regularly exercised also by the citizens
che si trovano sotto le armi nell'eser- who are now with the army, measures
cito attivo, si dispone che i registri di are taken that registers may be opened
cui sotto vengano pure aperti presso i at the head-quarters of their corps.
comandi dei corpi. I soldati italiani, The Italian soldiers, whether con-
tanto coscritti quanto volontari, che scripts or volunteers, who fight under
militano sotto la bandiera di Lom- the flag of Lombardy, will all vote by
bardia, voteranno anch'essi per sot- subscribing in presence of the su-
toscrizione da farsi alla presenza degli perior officers of the corps to which
ufficiali superiori del Corpo al quale they belong.
appartengono.
9. La Commissione governativa 9. The Government Commission
destinata ad inviare soccorsi alle destined to send succour to the Vene-
provincie venete avrà cura di far rac- tian Provinces will take care to collect
cogliere i voti dei cittadini che for the vote of the citizens forming part
mano parte della compagnia che ora of the company that are now on that
trovasi su quel territorio.
territory.
10. Le Deputazioni comunali e le 10. The Communal Deputations
Congregazioni municipali dovranno and Municipal Congregations will de-
rimettere i registri suggellati alla liver the registers sealed up to the
Congregazione provinciale, dalla quale Provincial Congregations on which
dipendono, col mezzo più pronto e they depend, in the most secure and
sicuro, a spese comunali, e sotto la più ready manner, at the expense of the
stretta loro responsabilità.
commune and on their personal re-
sponsibility.
11. Le Congregazioni provinciali 11. The Provincial Congregations
faranno lo spoglio dei registri alla will make the scrutiny of the registers
presenza del vescovo o suo rappre- in the presence of the Bishop or of his
sentante e di un commissario go- representative, and of a Government
vernativo.
Commissary.
12. Per le speciali condizioni della 12. As in consequence of the pe-
ITALIAN PLEBISCITES OF 1848
385
città e provincia di Mantova non po-
culiar condition of the city and pro-
tendo aver luogo il disposto degli vince of Mantua, Articles 10 and 11
articoli 10 e 11, si stabilisce che le can not be observed, it is determined
Deputazioni comunali debbano rimet- that the Communal Deputations
terre i registri suggellati al Commis- should deliver the sealed registers to
sario straordinario del Governo resi- the extraordinary Commissary of the
dente in Bozzolo, e che lo spoglio dei Government residing in Bozzolo, and
registri sia fatto da lui alla presenza that the scrutiny of the registers be
dell'autorità ecclesiastica e communale made by him in presence of the Ec-
del luogo.
clesiastical and Communal authority.
13. Lo spoglio dei registri dovrà 13. The scrutiny of the registers
essere suggellato dopo analogo pro- must be sealed up after a procès-
cesso verbale, e quindi rimesso al verbal, and delivered to the Govern-
Governo insieme ai registri medesimi ment, together with the same register,
colla massima sollecitudine.
without delay.
14. Lo spoglio dei registri delle 14. The scrutiny of the provincial
provincie verrà reso pubblico dal Go- registers must be made public by the
verno, e quella delle due proposizioni Government, and whichever of the
che avrà riunito il maggior numero di two propositions shall contain the
sottoscrizioni costituirà il voto della greatest number of votes will be the
Nazione.
vote of the nation.
Province of .... Commune of ...
Parrochia di ....
Province of .... Commune of
Parish of ....
PER L'UNIONE IMMEDIATA
FOR IMMEDIATE UNION
Noi sottoscritti, obbedendo alla sul- We, the undersigned, convinced of
prema necessità che l'Italia intiera
the necessity of liberating Italy from
sia liberata dallo straniero, e all'- the foreign yoke, and to the intent of
intento principale di continuare la continuing the war of independence
guerra della indipendenza colla mag- terith the greatest possible efficacy, as
giore efficacia possibile, come Lom- Lombards, in the name and for the
bardi in nome e per l'interesse di interest of these provinces, and as
queste provincie, e come Italiani per Italians, for the interest of the whole
l'interesse di tutta la Nazione, votiamo nation, we now vote the immediate
fin d'ora l'immediata fusione delle union of the Lombard Provinces with
provincie Lombarde cogli Stati Sardi, the Sardinian States, on the condition
semprechè, sulle basi del suffragio uni- that in the above-mentioned States,
versale, sia convocata negli anzidetti and in all those which shall hereafter
paesi e in tutti gli altri aderenti a tale adhere to this union, a Constituent
fusione una comune Assemblea costi- Assembly, formed on the basis of uni-
386
DOCUMENTS
tuente, la quale discuta e stabilisca le versal suffrage, will be called together
basi e le forme d'una nuova Monar- to discuss and to establish the bases
chia costituzionale colla dinastia di and the forms of a new Constitutional
Savoia.
Monarchy under the House of Savoy.
Num.
progressivo.
Nomi e Cognomi Età Genitori
No. of
ballot
Names and
Surnames
Age
Names of
Parents
Le firme soprascritte furono fatté The above signatures were inade in
alla presenza di noi.
our presence.
Parroco
Delegati Priest
Delegates
Suggello della Parrochia e della Seal of the Parish Church and of
Deputazione
the Deputation.
Provincia di .. Comune di.....
Parrochia di .
Province of
Commune of ...
Parish of
PER LA DILAZIONE DEL VOTO
FOR DELAY OF DECISION
Noi sottoscritti non riconoscendo
l'urgenza di prendere subito una de-
terminazione, intendiamo che sia
rimessa a causa vinta la discussione
dei nostri destini politici.
We, the Undersigned, not seeing
the necessity of coming to an imme-
diate determination, vote for delaying
the discussion of our political rights
until the successful termination of the
present war.
Num.
progressivo
Nomi e Cognomi Età
Genitori
No. of
ballot
Names and
Surnames
Age
Names of
Parents
Le firme ecc. (come sopra)
The above signatures, &c. (See
above)
Parroco
Delegati Priest
Delegates
Suggello della Parrochia e della Seal of the Parish Church and of
Deputazione
the Deputation.
Milano, 12 maggio 1848.
CASATI, Presidente.
BORROMEO DURINI LITTA
STRIGELLI
GIULINI BERETTA
GUERRIERI TURRONI Mo
REZZONICO — CARBONERA
GRASSELLI
Dossi COR-
RENTI, segretario generale.
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.
RONI
ITALIAN PLEBISCITES OF 1848
387
Statement by the Provisional Government of the Liberties which the Lombard
People Now Possess. May 28, 1848 1
GOVERNO PROVVISORIO DELLA
LOMBARDIA
THE PROVISIONAL GOVERNMENT OF
LOMBARDY
DICHIARA:
DECLARES:
Il popolo lombardo gode adesso That the Lombard people at present
delle seguenti franchigie:
enjoy the following liberties :
Libertà della stampa : Diritto d'as- Freedom of the press; Right of As-
sociazione: Guardia nazionale.
sociation; National Guard.
Queste franchigie saranno conser- These liberties shall be preserved to
vate al popolo lombardo nella forma the Lombard people in the present
ed estensione attuale di diritto e di legal and actual form and extent, un-
fatto finchè l'Assemblea Costituente til the Constituent Assembly shall
non venga a regolare le sorti del have determined the fate of the peo-
popolo stesso.
ple.
La legge poi, colla quale l'Assem- The law about to be issued, with
blea Costituente sarà convocata, avrà which the Constituent Assembly shall
per base il suffragio universale. be convoked, shall be based on uni-
versal suffrage.
Il Governo provvisorio di Lombar- The Provisional Government of
dia mette queste sue dichiarazioni Lombardy places this, its declaration,
sotto la salvaguardia dell'onor del under the protection of the honor of
paese e del patriottismo della Guardia the country and the patriotism of the
nazionale.
National Guard.
Milano, 28 maggio 1848.
Milan, May 28, 1848.
CASATI, Presidente.
CASATI, President.
Proclamation Announcing the Result of the Plebiscite. June 8, 1848 2
GOVERNO PROVVISORIO THE PROVISIONAL GOVERN-
DELLA LOMBARDIA
MENT OF LOMBARDY
LOMBARDI!
LOMBARDS!
La Nazione ha pronunciato sulle The nation, in the full and free ex-
proprie sorti del pieno e libero eser- ercise of its sovereignty, has decided
cizio della sua sovranità.
on its political condition.
1 Le Asseinblee, vol. 1, p. 204.
2 Ibid., p. 204. Translation from British Parliamentary Papers, Affairs of Italy (1849),
vol. 57, part II (1108), p. 577.
388
DOCUMENTS
pub-
Oggi stesso, in solenne adunanza, To-day, at a solemn meeting, in the
nel cospetto dell'arcivescovo di questa presence of the archbishop of this
metropoli, dei capi delle primarie metropolis, of the chiefs of the high-
magistrature, della Guardia nazio- est rank in the magistracy, of the na-
nale e dell'esercito, il Governo prov- tional guard, and of the army, the
visorio ha pubblicato lo spoglio dei Provisional Government has
registri contenenti le sottoscrizioni lished the result of the registers con-
degli abitanti di tutte le parrochie taining the signatures of the inhabit-
della Lombardia sgombra dal nemico, ants in all the parishes of all those
dei cittadini militanti nelle truppe parts of Lombardy freed from the
regolari e ne' Corpi dei volontari sul enemy, besides those of the citizens
territorio lombardo e sul veneto, per belonging to the regular troops and
la votazione proposta dalle legge 12 corps of volunteers in the Lombard
maggio 1848.
and Venetian territory, agreeably to
the system of voting promulgated in
the law of 12th May, 1848.
Da tale spoglio, che fu raccolto in This result has been embodied in a
atto notarile dai cittadini Tommaso notarial act by the citizens Tomasso
Grossi e Giuseppe Alberti, notai di Grossi and Giuseppe Alberti, notaries
questa città, e che sarà conservato in Milan; an act which will be pre-
nell'archivio nazionale di San Fedele, served in the national archives of S.
si ha questo resultato:
Fedele. The votes are as follows:
N. 561,002 sottoscrizioni per la Votes.- 561,002 signatures for im-
fusione immediata;
mediate incorporation.
N. 681 sottoscrizioni per la dila- Votes.— 681 signatures for delay
sione del voto.
of the vote.
Il popolo lombardo ha dunque ac- The people of Lombardy have
colta alla quasi unanimità la seguente therefore sanctioned almost unani-
proposizione:
mously the following proposition :
“Noi sottoscritti, obbedendo alla We, the undersigned, yielding to
suprema necessità che l'Italia intiera the paramount necessity, that the
sia liberata dallo straniero, e all'in- whole of Italy should be freed from
tento principale di continuare la guerra the foreign yoke, and that the war of
dell'indipendenza colla maggior ef- independence should be continued
ficacia possibile, come Lombardi in with every possible effort, as Lom-
nome e per l'interesse di queste pro- bards, in the name and for the inter-
vincie, e come Italiani per l'interesse est of those provinces, and as Italians
di tutta la Nazione, votiamo fin d'ora for the interest of the whole nation,
l'immediata fusione delle provincie do vote from this moment for the
lombarde con gli Stati Sardi, sem- immediate incorporation of the Lom-
prechè sulla base del suffragio uni- bard Provinces with the Sardinian
ITALIAN PLEBISCITES OF 1848
389
versale sia convocata negli anzidetti States, on the understanding that a
paesi e in tutti gli altri aderenti a tale common Constituent Assembly shall
fusione una comune Assemblea Co- be convoked of the above-mentioned
stituente, la quale discuta e stabilisca States, and of all the others as shall
le basi e le forme di una nuova Mon- assent to be incorporated on the basis
archia costituzionale colla dinastia di of universal suffrage; which Assem-
Savoia."
bly shall discuss and establish the
basis and forms of a new Monarchical
Constitution with the dynasty of
Savoy."
Lombardi! Voi avete consumato Lombards! you have consummated
un atto di profonda prudenza civile; an act of profound civil prudence;
voi avete gettate le fondamenta di
you have laid the foundation of that
quell'edificio che tanti secoli si trava- edifice which so many centuries have
gliarono indarno ad erigere e che laboured in vain to erect, and which
l'età nostra vedrà sorgere sovra solide the present age shall see spring up on
basi, a gloria e sicurezza perenne di a solid basis to the eternal glory and
tutta la Nazione. Quel senno, quel safety of the whole nation. That
patriottismo che vi furono guida e judgment, that patriotism which were
sostegno ad avviare sì grand'opera, your guides and support in bringing
non vi verranno meno a darle intiero forward this great work will not
compimento.
diminish when you are bringing it to
completion.
Or mentre il Governo provvisorio, Now, while the Provisional Gov-
com'è prescritto dall'articolo 14 della ernment (as laid down in the 14th
legge 12 maggio, si affretta a render Article of the Law of 12th May) has-
pubblico il voto della Nazione, an- tens to make public the vote of the na-
nuncia che ne dà parte al Governo di tion, they announce that they will
S. M. Sarda, perchè, consentito dal communicate it to the Government of
Re e dalle Camere, possa tosto essere His Sardinian Majesty, in order that,
efficace.
when agreed to by the King and the
Chambers, it may be immediately car-
ried into effect.
Nel tempo
tempo stesso,
stesso, ricordevole At the same time, the Provisional
de'propri impegni, dichiara che sta Government, mindful of their own
occupandosi attivamente di quei con-
engagements, declare that they will
certi col Governo di S M. Sarda che actively occupy themselves in fram-
valgano a fissare le norme secondo ing laws for the present administra-
le quali le provincie lombarde devono tion of Lombardy, in concert with the
essere governate fino a che la Costitu- Government of Sardinia, until the
ente non abbia provveduto in via Constituent Assembly shall adopt such
390
DOCUMENTS
definitiva; al qual effetto parte imme- definitive measures as may be deemed
diatamente per Torino un'apposita necessary. For this purpose a spe-
Commissione
cial commission will set off immedi-
ately for Turin.
Dichiara ancora che nell'intervallo They declare also that in the inter-
sino alla riunione della comune As- val, until the meeting of the Constitu-
semblea costituente il popolo lom- ent Assembly, the people of Lom-
bardo conserverà intatte le sue fran- bardy shall preserve intact their fran-
chigie, libertà della stampa, diritto chises, viz. :
chises, viz. : - The Liberty of the
dell'associazione, Guardia nazionale, Press; The Right of Association; The
nella forma ed estensione attuale di National Guard; in the form and ex-
diritto e di fatto; e che la legge colla tent both “ de jure and de facto;" and
quale l'Assemblea costituente sarà con- that the law on which the Constituent
vocata avrà per base il suffragio uni- Assembly shall be convoked will be
versale.
based on universal suffrage.
Lombardi! Dopo avere gloriosa- Lombards! after having gloriously
mente conquistata l'independenza e la gained independence and liberty, you
libertà, voi avete deliberato d'asso- have determined to consolidate them
darle mercè la fratellevole unione con by a fraternal union with one of the
una delle grandi parti della Famiglia great parts of the Italian family under
italiana sotto lo scettro costituzionale the constitutional sceptre of a dynas-
d'una Dinastia così benemerita di tutta ty so well deserving of all Italy. And
Italia. E tutt'Italia dall’Alpi ai due all Italy, from the Alps to the two
mari farà plauso alla vostra sapiente seas, will applaud your wise resolu-
risoluzione, e singolarmente ne esul- tion, and the brave army of the mag-
teranno i prodi dell'esercito del mag- nanimous King Carlo Alberto will
nanimo re Carlo Alberto, ai quali sor- exult in the certainty of being joined
riderà la certezza di stringersi con voi, to you in an
an indissoluble bond,
reduci dal campo, in un vincolo indis- strengthened by mutual esteem and
solubile e reso più saldo dalla stima mutual affection.
scambievole e dallo scambievole af-
fetto.
Milano, 8 giugno 1848.
Milan, June 8, 1848.
CASATI, Presidente.
CASATI, President.
BORROMEO - DURINI STRIGELLI BORROMEO, DURINI, STRIGELLI.
ITALIAN PLEBISCITES OF 1848
391
Formal Presentation of the Vote of Union to King Carlo Alberto. June 11,
1848 1
SIRE!
SIRE!
Il popolo lombardo ha pronunciato The Lombard people have pro-
sulle proprie sorti, e noi abbiamo l'o- nounced upon their own fate and we
nore di presentare alla M.V. l'atto have the honor of presenting to your
solenne che raccoglie e suggella il Majesty the solemn act which col-
voto delle provincie lombarde sgom- lects and seals the vote of the Lom-
bre dal nemico per l'immediata loro bard provinces freed from the pres-
fusione con gli Stati Sardi, secondo ence of the enemy, for immediate
la condizione posta nella formula del fusion with the Sardinian States, ac-
voto stesso.
cording to the conditions stated in the
formula of the vote itself.
Sire! Il popolo lombardo attende Sire! The Lombard people wait
con impazienza che le Camere Sarde with impatience for the Sardinian
e il Governo di V. M. rendano efficace Chambers and the Government of
il voto da lui pronunciato.
Your Majesty to put into effect the
vote pronounced by it.
Due grandi e nobili parti dell'itali- Two great and noble parts of the
ana famiglia, congiunte per l'origine, Italian family, one in origin, in inter-
per gl'interessi, per gli animi, e fin ests, in spirit, until now most unhap-
qui deplorabilmente divise dalla legge pily divided by the law of fate, are
dei casi, stanno per avverare il voto di about to realize the wish of so many
tanti secoli, sotto gli auspici della centuries, under the auspices of your
M.V.; stanno per effettuare un'unione Majesty; they are about to achieve the
che è compiuta nei cuori. La M. V. union that is already accomplished in
è degna di comprendere, di sentire all hearts. Your Majesty will be able
tutta la solennità di questo momento to comprehend and to feel all the sol-
che inizia un'era nuova nella storia emnity of this moment which opens a
dell'Italia libera ed unita.
new era in the history of Italy, free
and united.
Sire! Il popolo lombardo, che Sire! The Lombard people, who
nella M. V. saluta riconoscente il in the person of Your Majesty grate-
Capitano del valoroso esercito accorso fully recognize the Captain of the
a compier l'opera dell'italiano riscatto, valorous asmy come to fulfill the
è lieto di raccogliersi coi suoi fratelli 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
DOCUMENTS
degli Stati Sardi, sotto il costitu- happy to join their brothers of the
zionale vostro scettro.
Sardinian States, under your consti-
tutional sceptre.
Ma questo popolo, quanto ama l'or- But this people, much as it loves
dine, senza di cui civile reggimento order, without which civil Govern-
non puo essere, altrettanto ama quella ment cannot exist, loves as much the
libertà che ha conquistato col proprio liberty which it has conquered with
sangue, e senza di cui, a questi giorni, its own blood, and without which, at
un popolo non può dirsi civile. the present day, no people can call
themselves civilized.
Sire! L'altezza del vostro animo Sire! the loftiness of your soul is
ci sta in fede che voi apprezzerete pledge that you will appreciate this
questo nobile sentimento del popolo noble sentiment of the Lombard peo-
lombardo e che il Governo di V. M. ple of which the Government of your
ne sarà franco e geloso custode. Majesty will be a frank and jealous
guardian.
Accogliete, o Sire, i voti riverenti Accept, oh Sire, the reverent votes
del popolo lombardo, e consentite che of the Lombard people and deign to
noi, in occasione così solenne, vi sog-
allow us on this solemn occasion to
giungiamo esultanti la significazione add the joyful expression of a mutual
della commune fiducia.
trust.
1
Reply of the King
Valeggio, 11 giugno 1848.
Valeggio, June 11, 1848.
Quanto mi viene espresso è caris- Your words are most welcome, as I
simo a me, che non ebbi altro pen- have no other thought than to hasten
siero che concorrere con ogni sforzo with all my power to secure Italian
a stabilire l'italiana indipendenza. independence. When I entered Lom-
Quando entrai in Lombardia fu quello bardy this was my sole purpose, hav-
il solo mio scopo, non avendo mire ing no thought of family interest, and
d'interesse di famiglia, ed ora, medi- to-day, by this act, I see that it is
ante questo atto lo veggo consolidato. fulfilled. The happiness, the inde-
La felicità, l'indipendenza e la libertà pendence, and the liberty of the Ital-
della famiglia italiana saranno sempre ian family will always be my care.
doveri per me.
Io mi .affrettai di I hasten to transmit the act to my
trasmettere l'atto al mio Ministero Ministry, for presentation to the
perchè lo presenti alle Camere, e non Chambers, and I have no doubt that
1 Le Assemblee, vol. 1, p. 206.
ITALIAN PLEBISCITES OF 1848
393
dubito che i popoli piemontesi, liguri the Piedmontese, Ligurian and Savoy-
e savojardi abbraccieranno con tras- ard peoples will welcome their broth-
porto i loro fratelli, e così sarà data' ers with joy, and thus effect will be
efficacia alla bramata fusione, e le given to the desired fusion, and thus
franchigie assicurate, gli sforzi uniti those liberties secured, and those
assicureranno la finale liberazione del forces united which shall procure the
suolo italiano dallo straniero.
final liberation of Italian soil from
the foreigner.
Address of the Women of Lombardy to the Women of the Sardinian States.
July 3, 1848 1
Il nostro Governo provvisorio ha Our Provisional Government has
invitati i cittadini lombardi ad iniziare called on the citizens of Lombardy to
l'assestamento delle future sorti del make a beginning of the settlement of
paese col pronunziarsi o per l'unione
the future fate of the country by pro-
immediata di queste provincie con gli nouncing either for the immediate
Stati Sardi o per la dilazione del voto. union of these provinces with the Sar-
Noi donne usate a seguire pur nella dinian States or for the delay of the
politica le ragioni del cuore, non ci vote. We women, accustomed, in
possiamo far capaci che le circos- politics, to follow the dictates of the
tanze consentano indugi al decidersi; heart, can not understand how circum-
e dal cuore siamo condotte a ricono-
stances can allow of a delay of the
scere nel voto per l'unione immediata decision; and we are led by our hearts
una guarentigia per la libertà di questa to recognize in the vote for immediate
nostra carissima patria e per la sua union a guarantee of the liberty of
completa indipendenza.
our beloved country and of its com-
plete independence.
E però ci è nato il pensiero d'es- Hence is born the thought of ex-
primere a voi, o sorelle degli Stati pressing to you, Sisters of the Sardin-
Sardi, questo sentimento nostro, e ian States, these our sentiments, and
darvi un altro segno di quell'affetto of giving another proof of that affec-
che già vi abbiamo pubblicamente at- tion to which we have already at-
testato.
tested.
Con quest'animo solo v’inviamo da With this sole intention we send to
noi sottoscritta la solenne formola di you, signed by us, the solemn formula
votazione proposta dal nostro Gov- of the vote proposed by our Govern-
erno, mentre v'invitiamo a mandare ment and invite you to join with us in
1 Le Assemblee, vol. 1, p. 207.
394
DOCUMENTS
con noi dal cuore questo grido di sa- uttering from the heart this cry of
lute per la patria commune:
salutation to our common country:
Viva L'Italia Unita E Forte!
“ Long live Italy, United and Free!
Viva Il Re Carlo Alberto, Auspice Long live Carlo Alberto, De-
dell'Italica Unità!
fender of United Italy!'
Milano 3 luglio 1848.
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 1
Articolo Unico. L'immediata uni- Article One. The immediate union
one della Lombardia, e delle provincie of Lombardy and of the Provinces of
di Padova, Vicenza, Treviso e Rovigo, Padua, Vicenza, Treviso, and Rovigo,
quale fu votata da quelle popolazioni, voted by their populations, is accepted.
è accettata.
La Lombardia e le dette provincie Lombardy and the above-mentioned
formano cogli Stati Sardi e cogli altri provinces shall form, together with
già uniti un solo Regno.
the Sardinian States and those already
united, one sole kingdom.
Col mezzo del suffragio universale A Constituent Assembly shall be
sarà convocata una comune Assem- convoked by universal suffrage, to
blea costituente la quale discuta e discuss and settle the bases and forms
stabilisca le basi e le forme di una of a new constitutional monarchy
nuova Monarchia costituzionale colla under the House of Savoy, according
dinastia di Savoia, secondo l'ordine to the order of succession established
di successione stabilito dalla legge by the Salic law in conformity with
Salica, in conformità del voto emesso the vote of the Lombardo-Venetian
dai Veneti e dal popolo lombardo sulla people already pronounced upon the
legge 12 maggio p.p.del Governo prov- law of the 12th May proposed by the
visorio di Lombardia.
Provisional Government of Lom-
bardy.
La formola del voto sovra espresso The wording of the above-men-
contiene l'unico mandato della Co- tioned vote contains the sole object of
stituente e determina i limiti del suo the Constituent Assembly, and deter-
potere.
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. March
24, 1848
1
IL GOVERNO PROVVISORIO DELLA
REPUBBLICA VENETA
THE PROVISIONAL GOVERNMENT OF
THE VENETIAN REPUBLIC
La prima nostra parola è parola di Our first word is one of gratitude
gratitudine al popolo veneziano, il to the Venetian people, which, rising
quale, a un tratto sergendo, s'e dimos- suddenly, has shown itself worthy of
trato degno del suo nome, che ha sa- its name, which has known how to
puto affrontare il pericolo, ha saputo face danger and how to heed with
ascoltare con intelligente docilità il intelligent docility the wishes of those
clesiderio di quelli che l'amano. Bene who love it. Well has it shown that
egli ha dimostrato che i germi dell'an- the seed of its ancient civilization
tica sua civiltà non aspettavano se non awaited only the fitting time to de-
la stagione per isvolgersi a nuova vita. velop a new life,
Non sarà meraviglia se questo It is not to be marveled at if this
popolo grida con giubilo il nome di people joyously cries aloud the name
Repubblica, nel qual nome si con- of Republic, in which name are har-
ciliano qui le gloriose memorie dell monized here the glorious memories
passato con le mature condizioni pre- of the past, the ripe conditions of the
senti, e con la maggiore agevolezza present, and the greatest facility for
de' perfezionamanti avvenire. 11
the perfecting of the future. The
nome di Repubblica Veneta non può name of the Republic of Venice can
portare ormai seco alcuna idea am- not now carry with it any ambitious
biziosa o municipale. Le provincie, or municipal idea. The provinces,
le quali si sono dimostrate tanto corag- which have so courageously shown
giosamente unanimi alla comune dig- themselves unanimous for the com-
nità; le provincie, che a questa forma mon dignity; the provinces, which ad-
di Governo aderiscono, faranno con here to this form of Government, will
noi una sola famiglia senza veruna form with us one single family with-
disparità di vantaggi e diritti, poichè out any inequality of rights and
uguali a tutti saranno i doveri: e in- privileges, since the duties shall be
cominceranno dall'inviare in giusta equal for all: and they will begin by
proporzione i loro deputati ciascuna a each sending their deputies, in just
formare il comune Statuto. Aiutarsi proportion, to draw up the common
1 Le 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
DOCUMENTS
fraternamente a vicenda, rispettare i constitution. To help one another in
diritti altrui, difendere i nostri, tale è a brotherly way, to respect the rights
fermo proponimento di tutti noi. of others, to defend our own, such is
L'esempio che noi dobbiamo porgere si
the firm intention of all of us. The
è quello principalmente delle riforme example which we must put forth is
sociali e morali, che importano più principally that of social and moral
delle politiche assai; l'esempio della reforms, so much more important
non sovvertitrice, ma giusta e reli- than those political: the example of
giosamente esercitata uguaglianza. equality not subversive but exercised
justly and religiously.
Venezia, addì 24 anarzo 1848. Venice, 24th of March, 1848.
DANIELE MANIN, Presidente
DANIELE MANIN, President;
NICOLO TOMMASEO — ANTONIO PAU- Nicolo TOMMASEO — ANTONIO PAU-
LUCCI — FRANCESCO CAMERATA LUCCI
FRANCESCO CAMERATA
PIETRO PALEOCAPA — JACOPO Cas- PIETRO PALEOCAPA — JACOPO CAS-
FRANCESCO SOLERA
FRANCESCO SOLERA
LEONE PINCHERLE - TOFFOLI AN- LEONE PINCHERLE — TOFFOLI AN-
GELO,
artiere -- ZENNARI JACOPO, GELO, Executive Officer; ZENNARI
Segretario.
Jacopo, Secretary.
TELLI
TELLI
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
FREE ITALY
VIVA PIO IX! - VIVA CARLO
ALBERTO!
LONG LIVE PIUS IX!-- LONG LIVE
CARLO ALBERTO!
AL GOVERNO PROVVISORIO DELLA
REPUBBLICA VENETA 1
TO THE PROVISIONAL GOVERNMENT
OF THE VENETIAN REPUBLIC
La indipendenza d'Italia non sa- The independence of Italy would
rebbe che un desiderio, ove non fosse be no more than a vain idea, if that
attuata quella unione, dalla quale de- union, whence national dignity and
riva la forza e la dignità nazionale. strength are derived, were not to be
Ii bisogno di siffatta unione è da tutti realized.
realized. The necessity of such union
1 Le Assemblee, vol. 2, p. 46. Translation from British Parliamentary Papers, Affairs of
Italy [1108], p. 568.
ITALIAN PLEBISCITES OF 1848
397
ugualmente sentito, e gli sforzi di is equally felt by all, and the en-
tutti gli Stati della penisola tendono deavours of all the States of the
alla soddisfazione del medesimo. peninsula tend to the accomplishment
of it.
Allora che vi compiaceste di dichi- When you thought fit to declare, in
arare senz'altro la indivisibilità della
the most unqualified manner, the indi-
Venezia colla Lombardia per l'effeto visibility of Venice from Lombardy,
che i destini politici di questa avessero to the end that the political destinies
ad essere i destini politici di quella, of the former should be those of the
abbiamo applaudito nel vedere in tale latter, we rejoiced to recognise in so
ben augurata dichiarazione sancito il auspicious a declaration the sanction
principio che l'unica Assemblea non of the principle that the one single
sarebbe che il mezzo per determinare Assembly was to be the only means of
la modalità della futura esistenza po- determining the future political exist-
litica del tutto in relazione agl'inter- ence of all, in relation to the acknowl-
essi dalla maggioranza riconosciuti. edged interests of the majority.
Nella calma delle opinioni, tanto il In the calm state of public opinion,
Governo di Milano, quanto i Comi- the Government of Milan, as well as
tati delle provincie venete avrebbero the committee of the Venetian Proy-
lasciato alla Costituente, raccolta in inces would have left it to the Con-
causa vinta, lo stabilire la condizione stituent Assembly, called together
politica del paese lombardo-veneto. after the triumph of the cause, to de-
cide upon the political condition of
the Lombardo-Venetian Kingdom,
Ma il valido aiuto che il re Carlo But the efficacious aid which His
Alberto portava alla nazionale indi- Majesty King Carlo Alberto brought
pendenza, e la gloria delle armi pie- to the cause of the national independ-
montesi, altamente eccitarono nella
ence, and the glory of the Pied-
più gran parte del paese il desiderio di
montese arms, excited throughout the
pronunciare la immediata fusione greater part of the country the
cogli Stati sardi.
warmest desire to pronounce for the
immediate union with the Sardinian
States.
Per ciò, e per altri eminenti riguardi Influenced by this, and by other
di guerra, di finanza e di diplomazia, powerful motives of war, finance, and
il Governo centrale delle provincie diplomacy, the Central Government
lombarde trovava necessario di aprire of the provinces of Lombardy found
a' suoi cittadini la via di manifestare it necessary to afford their fellow-
legalmente il loro suffragio anche citizens the opportunity of legally
prima della Costituente, e vi prov- registering their suffrages even before
398
DOCUMENTS
vedeva col decreto 12 maggio 1848. the convocation of the Constituent
Assembly, and provided for this by
their decree of the 12th of May.
I motivi, che hanno provocato un The motives which induced the
tale partito, erano comuni, se non adoption of this measure were com-
anzi più urgenti per le provincie mon to, if not more imperative on, the
venete, siccome quelle, che più spe- Venetian Provinces, as the latter have
cialmente sono fatte bersaglio alla been made in a more especial manner
nemica invasione, e sono men fornite the principal point of invasion by the
di mezzi proprii a sostenere un'efficace enemy, and are worse provided with
difesa.
the means of making a vigorous re-
sistance.
Di qui lo stesso eccitamento nei Hence the same excitement among
popoli della terraferma, e la stessa the population of the mainland, and
necessità nei Comitati d'aprire alle the same necessity for the committees
singole loro provincie, nel silenzio del (in the silence of the Venetian Gov-
Governo veneto, quella stessa via le- ernment), to open, in their respective
gale ad esprimere subito il loro voto, provinces, the same way for their fel-
che era stata dal Governo della Lom- low-citizens to express their wishes
bardia designata.
without delay, as that established by
Lombardy.
Compiuto nel giorno 29 corrente il The period fixed for signing the
termine prefinito alle sottoscrizioni registers opened for the purpose men-
nei registri, a tal uopo istituiti, do- tioned having expired on the 29th
vrebbero i Comitati, fatti gli spogli di instant, the committees, after a scru-
que'registri, pubblicare la risultanza, tiny of the signatures, are to publish
la quale non può non essere conforme the result, which can not but be in con-
alla generale inclinazione, che fu formity with the general desire,
stimolo potente all'aprimento dei which, in fact, was the original mo-
registri medesimi.
tive for the measure.
Se non che, riesce a profonda af- It is, therefore, a subject of deep
flizione dei Comitati il pensiero che il affliction to the committees to think
provocato scrutinio, inducente la im-
that the proposed scrutiny, which
mediata fusione di queste provincie would induce the immediate fusion of
col Piemonte, abbia a poterci distac- these provinces with Piedmont, may
care da Venezia, alla quale ci strin- possibly separate them from Venice,
gono tanti vincoli di comuni interessi, to whom they are attached by so many
di grata affezione e di gloriose me- bonds of common interest, grateful
morie.
affection, and glorious reminiscences.
Un tale distacco, comunque lo si Such a separation, though it is to
dovesse sperare meramente interinale, be hoped that it would only be tem-
ITALIAN PLEBISCITES OF 1848
399
importerebbe la indeclinabile conse- porary, would occasion the inevitable
guenza che avesse ad essere tantosto consequence of the immediate institu-
istituito nelle provincie venete della tion of a new centre of Government
terraferma un nuovo centro di azione in the Venetian Provinces of the
governativa. Nè ciò sarebbe senza mainland. Nor would this take place
pregiudizio della causa comune, e sì without prejudice to the common
nei rispetti materiali, e sì nei politici. cause, as well from a material as from
E le altre potenze d'Europa avrebbero a political point of view. And the
in codesto fatto un argomento per
other Powers of Europe would find in
opporci un'altra volta la taccia d'inet- this proceeding, fresh cause to re-
titudine a redimere questa Italia, che proach us with incapacity to regen-
non sarà grande fino a che non si re- erate Italy, which will never be great
generi nella unità.
until regenerated by union.
Un ampio Stato, che comprende i A vast State comprehending the
territorii sardi, gli ex ducati di Mo- Sardinian States, the ex-Duchies of
dena e di Parma, e tutte le provincie Parma and Modena, and all the Lom-
della Lombardia e della Venezia, bard and Venetian Provinces, would
saprà essere in grado di preservare be in a condition, from its own re-
con mezzi suoi proprii la intiera pen- sources, to preserve the Peninsula
isola da straniera invasione, saprà from foreign invasion, and raise it to
elevarla a tale potenza, da influire an eminence of power so as to in-
molto onorevolmente nella bilancia fluence honourably the political bal-
politica dell'Europa.
ance of Europe.
E pure Venezia non entrerebbe a And yet Venice would form no part
parte di quello Stato, se il Governo, of this State, if the Government
che attualmente la regge, persistesse which at present rules her persists in
nella idea di mantenere la sua forma the idea of maintaining its Republi-
repubblicana, non sostenuta dal voto can form, unsupported by the desire
della Nazione, non favorita da ri- of the nation, unfavoured by political
spetti diplomatici, repugnante alla considerations, and repugnant to the
causa ed alle intenzioni dei Principi, cause and to the intentions of the
che ci aiutano a purgare la patria Prince who is assisting us to rid the
dallo straniero.
country of the stranger.
Nel desiderio vivissimo di ovviare In the ardent desire to prevent the
al dolore ed allo scapito che soffrirem- grief and prejudice we should mutu-
mo a vicenda, qualora Venezia non ally suffer if Venice were not to par-
corresse con esso noi le sorti del nu- ticipate with us in the destinies of the
ovo Stato, i Comitati di Padova, Vi- new State, the committees of Padua,
cenza, Treviso e Rovigo, col mezzo Vicenza, Treviso, and
Rovigo,
dei sottoscritti loro delegati, doman- through the undersigned, their dele-
400
DOCUMENTS
dano e pregano che codesto Governo gates, demand and entreat this Gov-
prenda in matura considerazione le ernment to take into mature consider-
circostanze tutte delle provincie, e
ation the actual condition of the prov-
s'incammini a quella fusione, nella inces and to proceed to that fusion in
quale noi veggiamo la salute nostra e which we see our safety and glory.
la gloria.
A fronte delle circostanze che strin- Under the present urgent circum-
gono i sottoscritti delegati attender- stances, the delegates will wait till
anno fino a sabato 3 giugno p. v. che Saturday the 3rd of June next, for
il Governo dichiari se aderisca, come the declaration, which they hope for,
vogliono sperare, al desiderio leale of the adhesion of the Government to
delle quattro provincie sorelle. Un the fusion desired by the four sister
più lungo indugio importerebbe ad provinces. A longer delay would
essi troppo grave malleveria: e per subject them to too serious responsi-
declinarla, il giorno 4 i membri che bility, to avoid which, the members
saranno scelti dai Comitati si con- who shall have been elected by the
durrano direttamente a Milano.
committees will on the 4th proceed
direct to Milan.
Certamente, per guarentire il lustro Doubtless, there is not a citizen who
e la indipendenza dell'Italia, non è would hesitate to make every sacri-
cittadino che non sia disposto a fice in order to ensure the glory and
anche Venezia, e chi ne tiene il go- independence of Italy. Wherefore,
qualunque maggiore sacrifizio. E E the provinces represented by us en-
però le provincie da noi rappresentate tertain the firm hope that Venice and
nutrono la fermissima fiducia che her rulers will know how to sacrifice
verno, saprà immolare le proprie opi- private opinion to that of the great
nioni al confronto di quelle della majority of the citizens of the main-
grande pluralità dei cittadini della land; they will know how to sacrifice
terra-ferma; saprà immolarle, perchè it in order that the triumph of Italian
il trionfo della nazionalità italiana sia nationality may be more secure, more
più sicuro, più prezioso, più splendido. precious, and more splendid.
Il 31 maggio 1848. Dalla resi- May 31, 1848. From the residence
denza del Comitato di Padova, presso of the committee of Padua, where the
cui i sottoscritti depositano i loro man- undersigned have deposited their cre-
dati.
dentials.
C. LEONI, deputato del Comitato C. LEONI, Deputy Provisional Com-
provv. dipartimentale di Padova; SE- missioner, of Padua; SEB. TECCHIO,
BASTIANO TECCHIO, deputato del Deputy Provisional Commissioner, of
Comitato provv. dipartimentale di Vicenza; LUIGI PERAZZOLO, Deputy
Vicenza; Luigi PERAZZOLO, deputato Provisional Commissioner, of Tre-
ITALIAN PLEBISCITES OF 1848
401
ALESSANDRO
CERVESATO,
del Comitato dipartimentale di Tre- viso;
viso; ALESSANDRO CERVESATO, depu- Deputy Provisional Commissioner of
tato del Comitato dipartimentale di Rovigo.
Rovigo.
Reply of the Provisional Government. June 2, 1848 1
Il Governo Provvisorio della Re- The Provisional Government of the
publica Veneta ai cittadini C. Leoni, Republic of Venice to the citizens C.
Sebastiano Tecchio, Luigi Perazzolo, Leoni, Sebastiano Tecchio, Luigi
Alessandro Cervesato.
Perazzolo, Alessandro Cervesato.
Posta per il momento da parte ogni Abstaining for the moment from all
considerazione sulle precedenze che
consideration of the motives which oc-
hanno condotta la vostra lettera del 31 casioned your letter of the 31st May,
Maggio p. p., e sulle condizioni del and of the actual condition of the
paese veneto in mezzo alle quali ce Venetian Provinces during the con-
l'avete indiritta, ci limitiamo a dichi- tinuance of which you have written
ararvi che abbiamo risoluto d'inter- it, we limit ourselves to a declaration
rogare la volontà del popolo col mezzo to you that we have decided upon ap-
di un'assemblea di rappresentanti che pealing to the opinion of the people
andiamo a convocare pel 18 corrente; by the means of an assembly of rep-
e frattanto scriviamo al cittadino resentatives which we are about to
Calucci, nostro inviato presso il Gov- convoke for the 18th instant; and in
erno provvisorio centrale della Lom- the meantime we write to citizen
bardia, affinchè in quella deliberazioni, Calucci, our Envoy to the Central
delle quali la vostra lettera ci parla, ci Provisional Government of Lom-
rappresenti come potrà essere del caso. 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.
Venezia, li 2 Giugno, 1848.
Venice, June 2, 1848.
Il Presidente, MANIN; TOMMASEO;
President, MANIN; TOMMASEO,
Il Segretario, ZENNARI.
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
To the Venetian Republic, pro-
in questa città il 22 marzo, ed al suo claimed in this city the 22nd of March
Governo provvisorio costituito il 23, and to its Provisional Government,
prestarono successivamente adesioni constituted on the 23rd, all the other
spontanee tutte le altre provincie del provinces of the territory of Venetia,
territorio veneto, eccetto Verona, an- successively lent their spontaneous
cora occupata dall' inimico. E i Gov- support, except Verona, still occupied
erni provvisorii, che in dette provincie by the enemy. The provisional gov-
erano stati istituiti quando ne partiva ernments, which had been instituted
l'Austriaco, al potere centrale del in those provinces when the Austrians
Governo della Repubblica assentendo, withdrew from them, assenting to the
limitate le attribuzioni, assunsero il central power of the Government of
nome di Comitati provvisorii diparti- the Republic, with limited attributes,
mentali.
assumed the name of Provisional De-
partmental Committees
Il Governo provvisorio della veneta The Provisional Government of the
Repubblica fin da principio aveva in Venetian Republic since the beginning
più forme dichiarato, che le que-
had declared in several ways that the
stioni sulla costituzione politica più question of the most suitable political
confacente agl'interessi italiani, non
constitution for Italian interests, was
erano punto pregiudicate; e che, finita not to be at once determined; and that,
la guerra dell'indipendenza, e sgom- the war of independence once finished
berato il territorio dallo straniero, and the territory freed from the for-
sai ebbero state, in regolare Assemblea eigner, these questions should be
costituente, discusse e decise dai legit- brought up in a regular constituent
timi rappresentanti della nazione, cui assembly and discussed and decided
sola apparteneva il potere sovrano. by the legitimate representatives of
the nation, to whom alone sovereign
power belongs.
Queste dichiarazioni si trovarono These declarations were found to
essere conformi a quelle, che faceva be in conformity with those made by
il Governo provvisorio centrale della the Provisional Central Government
Lombardia, liberata nello stesso gi- of Lombardy, which had become free
orno 22 marzo.
cn the same 22nd day of March.
Da esse il nostro Governo veneto From these our Venetian Govern-
non si è mai dipartito; e le confer- ment has never swerved; and it con-
1 Le Assemblee, vol. 2, p. 54.
ITALIAN PLEBISCITES OF 1848
403
mava anche con l'atto 12 maggio de- firmed them also by the Act of May
corso, in cui, secondando il voto de' 12 last, in which, seconding the vote
Comitati dipartimentali veneti e del of the Venetian Departmental Com-
Governo lombardo, e cedendo a vivi mnittees and of the Lombard Govern-
sentimenti di stima e di affezione, ment, and yielding to the lively senti-
cementati dalla fratellanza delle sven- ment of esteem and affection, cement-
ture ne'lunghi anni di comune serv- ed by partnership in the misfortunes
aggio, consentiva che le provincie del of the long years of common servi-
già regno lombardo-veneto fossero
tude, it agreed that the provinces of
tutte a suo tempo rappresentate da the former Lombardo-Venetian King-
una sola Assemblea costituente, ma dom should all, at the proper time, be
sotto condizione che a questa unica- represented by a single constituent
mente spettasse decidere sui destini assembly, but under the condition
politici dello Stato.
that it should be the duty of this alone
to decide on the political destinies of
the State.
Senonchè, il Governo lombardo, al- However, the Lombard Govern-
legando che la guerra d'indipendenza ment, alleging that the war of inde-
si prolungava oltre le sue previsioni, pendence was lasting longer than it
e adducendo le impazienze manifes- had expected and taking into con-
tate dai suoi amministrati, ed altri sideration the impatience shown by
motivi che a lui parvero possenti, de- the people that it was administering
cretò che, pur pendente la guerra, si and other reasons that seemed to it
votasse il partito della fusione imme- important, decreed that, even while
diata del territorio lombardo col regno the war was going on, a vote should
di Sardegna, e la votazione si facesse, be taken on the immediate union of
non in assemblea, ma ricevendo le sot- the Lombard territory with the King-
toscrizioni del popolo in apposite dom of Sardinia, and that the vote
liste.
should be taken, not in the assembly
but by receiving the signatures of the
people arranged in appropriate lists.
L'esempio fu seguito dai Comitati
This example was followed by the
provvisorii dipartimentali di Padova, Provisional Departmental Committees
di Vicenza, di Treviso e di Rovigo, i of Padua, of Vicenza, of Treviso,
quali, di sola loro autorità, decreta- and of Rovigo, which, solely on their
rono votazioni sullo stesso partito e own authority, decreed that votes
col metodo stesso.
should be taken on the same matter
and by the same method.
Ciò facevasi mentre erano già state This was done when the provinces
invase del nemico le provincie di of Udine and of Belluno had already
404
DOCUMENTS
Udine e di Belluno, e trovavasi tuttora been invaded by the enemy and while
da esso occupata quella di Verona. that of Verona was still occupied by
Laonde, prescindendo da ogni ques- him. Therefore, putting aside any
tione di diritto e di convenienza, sta question of right or of convenience, it
il fatto che la provincia di Venezia è is a fact that the province of Venice
minacciata di rimanere, per un tempo is in danger of remaining isolated for
più o meno lungo, nell'isolamento. a shorter or longer time.
Questo fatto è di tanta gravità, che This fact is so serious that the
il Governo provvisorio, sebbene de- Provisional Government, although it
plori che, mentre l'animo e la mente deplores that, while the soul and
d'ogni italiano dovrebbero essere mind of every Italian should be di-
rivolti ad un fine solo, cioè quello rected to a single end, namely, inde-
della indipendenza, s’abbia a trattare pendance, it should have to treat
d'argomenti politici, e così destare of political arguments, and thus
partiti, generare discordie, produrre arouse partisanship, create discords
debolezza; tuttavolta credendo poter and bring about weakness; neverthe-
dispensarsi dall'interrogare pronta- less believes that it cannot dispense
mente, sulle questioni che reclamano with inquiring quickly, on questions
soluzione immediata, la volontà degli that call for an immediate solution,
abitanti di questa provincia, minac- what the wishes are of the inhabitants
ciata di abbandono.
of this province, which is threatened
with isolation.
Ma esso Governo intende che But this Government intends that
queste volontà sieno significate con these wishes should be expressed with
cognizione di causa, previo esame dei knowledge of the reasons, previous
fatti, previa esposizione ragionata
esposizione ragionata inquiry into the facts, previous de-
delle opinioni, e quindi in Assemblea liberate expression of opinions, and
di rappresentanti. Non Assemblea therefore in an assembly of represent-
costituente, che stanzii definitivamente atives. Not a constituent assembly
le leggi fondamentali dello Stato: ma that shall definitely fix the fundamen-
Assemblea, eletta col metodo som- tal laws of the State, but an assembly
inario comandato dalla stringenza del
elected in the summary manner im-
tempo, che deliberi sulle condizioni posed by the exigencies of the time,
del momento, che, mutando o con-
which shall deliberate on the condi-
fermando i membri del Governo, lo tions of the moment and which,
rinforzi e ritempri nel voto popolare. changing or confirming the member-
ship of
the Government, shall
strengthen it and adjust it to popular
opinion.
Pertanto il Governo provvisorio Therefore the Provisional Govern-
della repubblica veneta
ment of the Venetian Republic
ITALIAN PLEBISCITES OF 1848
405
DECRETA:
DECREES:
1. È convocata in Venezia un'As-
1. An assembly of deputies for the
semblea di deputati pegli abitanti di inhabitants of this province is con-
questa provincia, la quale : 1
vened at Venice, which:
(a) Deliberi se la questione rela- (a) Shall decide whether the ques-
tiva alla presente condizione politica tion relating to the present political
debba essere decisa subito, od a condition shall be decided at once, or
guerra finita;
when the war is ended:
(6) Determini, nel caso che resti (b) Shall determine in case the
deliberato per la decisione istantanea, decision is for an immediate settle-
se il nostro territorio debba fare uno ment of the question, whether our
Stato da sè, od associarsi al Piemonte; territory shall form an independent
state by itself, or shall associate it-
self with Piedmont:
(c) Sostituisca o confermi i mem- (c) Shall replace or confirm the
bri del Governo provvisorio.
members of the Provisional Govern-
ment.
2. Le adunanza saranno tenute in 2. The meetings shall be held in
una delle sale del Palazzo Ducale, e one of the halls of the Doge's Palace,
comincieranno col giorno 18 giugno and shall begin with the 18th day of
corrente.
June of the current year.
3. Le norme per l'elezione dei depu- 3. The rules for the election of
tati sono determinate in altro decreto deputies are established in another de-
di oggi.
cree issued to-day.
Venezia, 3 giugno 1848.
Venice, June 3, 1848.
Il presidente, MANIN; PALEOCAPA; The President, MANIN; PALEO-
,
Il segretario, JACOPO ZENNARI. CAPA; The Secretary, JACOPO ZEN-
2
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.
406
DOCUMENTS
Vote of the Consulta of Venice. June 26, 1848 1
Dopo la discussione viene posta ai After discussion, the following
voti la proposta, che interessando proposal has been put to the vote:
sopra tutto che l'opinione pubblica sia Since it is necessary, above all,
istrutta e predisposta sul partito più that public opinion shall be instructed
utile da prendersi dall'Assemblea con- and prepared regarding the most
vocata pel giorno 3 luglio, la Consulta beneficial course to be taken by the
inviti il Governo a far conoscere al assembly convoked for the 3rd day
pubblico il vero stato delle cose nei of July, the Council shall invite the
diversi rapporti delle finanze, della Government to make known to the
marina, della guerra e del commercio, public the true state of things in the
ad illuminare i membri dell'Assem- diverse reports regarding finances,
blea per l'emissione del voto, che navy, war, and commerce, in order
troveranno più opportuno pel comun to supply the members of the as-
bene, e predisporre il pubblico ad ac- sembly with information necessary
cogliere e rispettare questo voto con la for casting their votes for what shall
sommissione confidenza dovute be found most necessary for the
all'espressione legale della volontà dei common good, and to predispose the
rappresentanti della provincia. 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
Questa proposta viene approvata ad This proposal has been approved
unanimi voti.
by unanimous vote.
e
Specch of Manin before the Representative Assembly, and Vote of the Assem-
bly for the Union of Venice with Piedmont. July 4, 1848 2
MANIN. I discorsi dei due valenti MANIN. The speeches of the two
oratori che mi precedettero, dimo- able orators who have preceded me
strano che non vi è opinione minis- demonstrate that there is not minis-
teriale; che noi parliamo qui, non terial opinion here; that we talk here
come ministri, ma come semplici depu- not as ministers, but as simple
tati; e come semplice deputato parlo deputies and as a simple deputy I also
anch'io parole di concordia e di will speak words of harmony and of
amore.
brotherhood..
1 Le Assemblee, vol. 2, p. 59.
2 Ibid., pp. 92–95.
ITALIAN PLEBISCITES OF 1848
407
non
Io ho oggi la stessa opinione che I hold to-day the same opinion
aveva nel 22 marzo, quando, dinanzi which I held on the 22nd of March,
alla porta dell'Arsenale ed in Piazza when, before the door of the Arsenal
S. Marco, proclamai la Repubblica. and in the Piazza S. Marco I pro-
Io la ho: e tutti allora l'avevano. claimed the Republic. I hold it now
Ora tutti
l'hanno. (Agita- and everyone
everyone held it then. At
zione.) Parlo parole di concordia e present everybody does not hold it.
di amore e prego di non essere in- (Agitation.) I speak words of har-
terotto. È un fatto che tutti oggi mony and of brotherhood and I ask
non l'hanno. È pure un fatto che il not to be interrupted. It is a fact
nemico sta alle nostre porte, che il that not all men hold it. It is, more-
nemico attende e desidera una dis- over, a fact that the enemy is at our
cordia in questo paese, inespugnabile door, that the enemy awaits and de-
finchè siamo d'accoido, espugnabilis- sires discord in this country, impreg-
simo se qui entra la guerra civile. nable so long as we are in agreement,
but at the mercy of the enemy should
civil war enter here.
Io, astraendo da ogni discussione Abstaining from all discussion of
sulle opinioni mie, e sulle opinioni al- the opinions of myself and others,
trui, domando oggi assistenza, do- I ask, today, assistance, I ask today
mando oggi un grande sacrificio; e lo a great sacrifice, and I ask it of my
domando al partito mio, al generoso own party --- of the generous republi-
partito repubblicano. (Applausi uni- can party. (Universal applause.)
versali.)
All'inimico sulle nostre porte, che To the enemy at our doors, who
aspettasse la nostra discordia, diamo are expecting discord in our ranks,
oggi una solenne mentita. Dimenti- we will to-day give the solemn lie.
chiamo oggi tutti i partiti; mostriamo Let us forget today all party issues;
che oggi dimentichiamo di essere o let us show that to-day we forget that
realisti o repubblicani, ma che oggi we are royalists or republicans but
siamo tutti Italiani.
that we are now all Italians.
Ai repubblicani dico: nostro è l'av- To the republicans I say:
"the
venire. Tutto quello che si è fatto e future is ours.
All that which has
che si fa, è provvisorio. Deciderà la been done, which is being done, is
Dieta italiana a Roma. (Vive e pro- provisional. The Italian Diet at
lungate acclamazioni universali.) Rome shall decide." (Unanimous
and prolonged cheers.)
(Tornato il Manin al suo posto, (Manin returned to his seat, the
l'avv. Castelli e molti altri deputati lawyer Castelli and many other dep-
vanno ad abbracciarlo con grande ef- uties came and embraced him with
fusione di animo.)
great effusion and animation.)
408
DOCUMENTS
Castelli sale in bigoncia, e colle Castelli rises in the chair, and with
braccia alzate esclama: La patria è arms upraised exclaims:
salva! Viva Manin! (Applausi “The country is saved! Long live
generali.)
Manin!”
(General applause.)
PRESIDENTE. Domando se alcuno PRESIDENT. I ask if anyone of the
dei deputati voglia ancora parlare deputies wishes to speak upon this
sull'argomento.
point.
Risposta Universale. Basta; è General Response: Enough; it is
esaurito.
settled.
Altre Voci: Ai voti.
Other Voices: Put it to vote.
PRESIDENTE. La proposizione è: PRESIDENT. The proposition is,-
,—
se la condizione politica di Venezia whether the political conditions of
debba essere decisa subito, o no.
Venice should be at once decided
or no.
Manin, per una lieve indisposizione, Manin, on account of a slight in-
domanda un po' di sollievo.
disposition asks a short recess.
Dopo mezz'ora si fa l'appello per Half an hour later the vote is taken
la votazione, la quale eseguita, ri- and the result is as follows:
sultano:
Voti affermativi 130; voti nega-
Affirmative: 130;
tivi 3.
Negative: 3.
PRESIDENTE. È accettata la propo- PRESIDENT The proposition is
sizione che si debba decidere sulla accepted, that we must decide on the
condizione di Venezia.
condition of Venice.
Ora devesi far luogo al II articolo Now Article II of the decree of
del decreto 3 giugno, cioè se Venezia June 3rd should be considered, that is
debba fare uno stato da sè, o asso- to say whether Venice shall constitute
ciarsi al Piemonte.
an independent State or shall join
Piedmont.
VARÈ legge l'articolo relativo. VARÈ reads the article relating to
(Animata discussione sulla formola.) this.
this. (Animated discussion as to the
formula.)
CASTELLI. Ogni dispiacere è ces- CASTELLI. All discontent has
sato per l'atto magnanimo di un gran ceased by virtue of the magnanimous
cittadino. (Acclamazioni.)
act of a great citizen. (Applause.)
Io credo, che senza bisogno di altre I believe, that without more discus-
discussioni, l'Italia sia salvata a Ven- sion, Italy will be saved for Venice
ezia all'Italia. (Applausi.)
and Venice for Italy. (Applause.)
Basta dunque rassegnare all'Assem- It is enough then to report to the
blea la formola, che io progetterei per Assembly the formula which I would
la fusione col Piemonte. E sono le suggest for the fusion with Piedmont.
ITALIAN PLEBISCITES OF 1848
409
parole medesime, colle quali, espri- And they are the same words with
mendo la condizione del paese, credeva which, in expressing the condition of
di dover procedere a quell'atto il Gov- the country, the Provisional Govern-
erno provvisorio lombardo, colles- ment of Lombardy thought that it
ordio del decreto con cui è chiamata should proceed to that act with the
la sottoscrizione per la fusione: preamble of the decree by which as-
sent to this fusion is called for.
"Obbedendo alla supreme necessità "Obeying the supreme necessity of
che l'Italia intera sia liberata dallo liberating the whole of Italy from the
straniero ed all'intento principale di stranger, and with the object of
continuare la guerra
guerra dell'indipen- carrying on the war of independence
denza con la maggiore efficacia pos- with the greatest possible efficacy,
sible, come Veneziani in nome e per
both as Venetians, in the name and
l'interesse della provincia di Venezia,
for the interest of the Provinces of
e come Italiani per l'interesse di tutta Venice, and as Italians, for the in-
la nazione, votiamo l'immediata fu- terest of all the nation, we vote for
sione della città e provincia di Venezia the immediate fusion of the city and
negli stati sardi con la Lombardia, e province of Venice with the Sardinian
alle condizioni stesse della Lombardia, States, together with and on the very
con la quale in ogni caso intendiamo same conditions as Lombardy, with
di restare perpetuamente incorporati, which we intend in every case to re-
seguendone i destini politici unita- main perfectly incorporated, following
mente alle altre provincie venete." its political destinies, together with
the other Venetian Provinces."
L'Assemblea quindi votò a scrutinio The Assembly then voted by secret
segreto la formola proposta dal Cas- ballot on the formula proposed by
telli, che risultò ammessa da 127 voti Castelli, which was accepted by 127
contro 6. (Applausi.)
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. Law of July 27,
1848 1
Art. 1. L'immediata unione della
ARTICLE 1. The immediate union
città e provincia di Venezia votata of the town and province of Venice,
dall'Assemblea dei suoi Rappresen- voted by the Assembly of their Repre-
tanti è accettata.
sentatives, is accepted.
1 Le Assemblee, vol. 2, p. 107. Translation from British Parliamentary Papers, Affairs of
ly, part III (1125), p. 79. Passed by the Chamber on July 21, by the Senate July 24. Law
of July 27, 1848, n. 750.
410
DOCUMENTS
La città e la provincia di Venezia The town and Province of Venice
formano cogli Stati Sardi e cogli altri form, with the Sardinian States and
gia uniti un solo Regno alle condizioni those already united, one sole king-
contenute nelle leggi d'unione colla dom, on the conditions contained in
Lombardia.
the laws of the union with Lombardy.
PARMA AND PIACENZA
1
The Council of Elders Appoints the Members of the Provisional Government.
April 11, 1848 1
L'Anzianato composto di cento Cit- The Council of Elders, composed
tadini, radunatosi oggi in numero di of one hundred citizens, met to-day to
ottantotto individui, qui sotto indicati, the number of eighty individuals, in-
nel Palazzo del Comune, dietro in- dicated below, in the City Hall, by
vito del Podestà, al fine di eleggere un invitation of the Mayor, with the pur-
Governo provvisorio per rispondere pose of electing a Provisional Gov-
allo spirito del paese;
ernment in accord with the spirit of
the country.
Ritenuto che la libera scelta di un In the belief that the free choice
Governo provvisorio fatta dall'An- of a Provisional Government made
zianato ossia dalla Rappresentanza by the Council of Elders, or rather
del Popolo, colloca questo paese nelle the Representatives of the People,
condizioni dei limitrofi:
places this state in the condition of
the neighboring states.
Ha nominato e nomina un Gov- Has appointed and appoints a
erno provvisorio composto de' signori: Provisional Government composed of
Messrs:
Conte De Castagnola Ferdinando. Count Ferdinando De Castagnola.
Conte Cantelli Girolamo.
Count Girolamo Cantelli.
Professor Pellegrini Pietro.
Professor Pietro Pellegrini.
Conte Sanvitale Luigi.
Bandini Giuseppe.
Monsignor Carletti Don Giovanni.
Avvocato Maestri Ferdinando.
Count Luigi Sanvitali.
Giuseppi Bandini.
Monsignor Don Giovanni Carletti.
Advocate Ferdinando Maestri.
Parma 11 Aprile 1848.
Sottoscritti: FERDINANDO BOLLA
-E. BARBIERI -0. GARBA-
Parma, 11 April, 1848.
Signed: FERDINANDO BOLLA, E.
BARBIERI, O. GARBARINI,
RINI
1 Le Assemblee, vol. 1, p. 597.
ITALIAN PLEBISCITES OF 1848
411
The Provisional Government of Parma Proclaims a Plebiscite on the Question
of Union with Sardinia. May 8, 1848
1
Il Governo provvisorio di Parma, The Provisional Government of
come non aveva, nè ha, così non si Parma, not having, nor having had
arrogò mai il mandato di disporre authority, has never claimed a right
nè dei voleri, nè dei diritti, nè delle to dispose of the will, nor of the
persone, nè delle cose di questo paese, rights, nor of the persons, nor of the
di questo Popolo, quanto all'aggre- possessions of this State, or of this
garsi all'una od all'altra Provincia, a People, regarding their joining one or
questo od a quel Regno d'Italia. another Province, or this or that
Kingdom of Italy.
Il Governo Provvisorio e nessuno
The Provisional Government and
non poteva ignorare che tale delibera- all others could not be ignorant that
zione non dipende che dal voto si-
such a decision must depend only
gnificato dalla maggioranza del Po- upon the expressed will of the
polo.
majority of the people.
Non ignorava non potersi ciò con- It could not ignore that this could
seguire che in due forme: o per una
be carried out only in two ways,
Rappresentanza legale elettiva; o rac-
either by a representative body legally
cogliendo, quanto è possibile, i singoli elected, or by gathering, as far as pos-
voti dell'universale.
sible, the individual wishes from a
general vote.
Fu già per questo che il Governo It was, then, for this reason that
provvisorio di Parma, secondando
the Provisional Government of
l'invito del Governo provvisorio di Parma, accepting the invitation of
Milano, inviò chi assistesse alla Com- the Provisional Government of
missione intesa a comporre un sistema Milan, sent someone to assist the
di elezione, secondo il quale si otte-
Commission which had been ap-
nesse nel miglior modo il voto co- pointed to compile an elective system
mune. Se il tempo concedeva di met- by which the general vote should be
tere ad effetto quello o somigliante obtained in the best manner. If time
metodo, noi, per quanto era nel poter had permitted of the putting into ef-
nostro, l'avremmo seguito.
fect of that and similar methods, we
should have followed it as far as we
were able.
Ma se il corso degli avvenimenti, se But, if the course of events, if the
gli scritti di uomini sinceramente
uomini sinceramente writings of men who sincerely love
amanti di quest'Italia, se infine le con- Italy, if in fine the conditions of our
1 Le Assemblee, vol. 1, p. 598.
412
DOCUMENTS
dizioni particolari della Città nostra particular city showed the policy of
mostrarono dannoso ad essa, dannoso delay to be damaging to her and
all'Indipendenza Italiana il temporeg- to
to Italian Independence, . . if
giare; . . . se Parma, commossa da Parma, moved by these sentiments
questi sentimenti, che da lungo tempo which long have occupied the spirit
vanno occupando gli animi de'buoni of good Italians, has shown in the
Italiani, diede segno ne’giorni passati, past, and has to-day solemnly demon-
oggi solennemente dimostrò e di- strated and declared to the Provis-
chiarò al Governo provvisorio come ional Government the method which
la Città e lo Stato debbono e vogliono the City and the State should follow
esprimere il loro voto, intorno a questa and desire to follow in expressing
importante risoluzione, nel modo il più their will about this important reso-
universale, ma insieme il più sollecito, lution and has done this most com-
raccogliendo, quanto più si possa, i prehensively and solicitously, collect-
singoli voti; il Governor provvisorio ing single votes as far as possible;
non solo accetta, ma reputa suo debito then the Provisional Government not
di agevolare e assicurare i modi per i only accepts, but considers it its duty
quali il pubblico voto possa essere
to facilitate and assure the ways by
dato, raccolto, manifestato. A ques- which the public vote may be cast,
to fine dispone:
collected, and published. To this
end it orders that:
1. Saranno aperte in ogni Par-
1. Lists shall be opened in every
rochia dello Stato note nelle quali sia parish of the State in which all shall
libero a tutti esporre il suo voto per be free to give their vote for the union
la riunione di questo Ducato al Regno of this Duchy to the Kingdom of
Sardo; sia anche libero esporre quelle Sardinia; they shall also be free to
condizioni o nuove proposte che pa- express such conditions
ressero più convenienti el al nostro proposals as may seem more adapted
Stato e all'Italia.
to our State and to Italy.
2. Ogni Podestà inviterà il Popolo 2. Each Mayor shall invite the
del suo comune a recarsi nelle par- people of his community to meet in
rocchie rispettive a ore determinate their respective parishes at a given
e in compagnia col Parroco assisterà hour, and, together with the Parish
essomedesimo o delegherà un Sindaco Priest, shall himself compile or shall
od un Anziano alla compilazione delle delegate to a Syndic or to an Elder
note;
the duty of compiling the lists.
3. Entre il giorno 17 del corrente 3. Before the tenth of the current
le note dovranno, per le vie ufficiali, month, the lists, sealed, shall be sent
essere trasmesse suggellate al Go- officially to the Government, in order
verno per fare lo spoglio de'nomi e that names and votes may be counted.
de'voti.
or
new
ITALIAN PLEBISCITES OF 1848
413
Il Delegato alla Sezione dell'interno
curerà l'esecuzione delle presenti dis-
posizioni.
The Delegate of the Department of
the Interior shall take charge of the
execution of the present provisions.
Parma, 8 maggio 1848.
G. CANTELLI - F. MAESTRI --F.
DE CASTAGNOLA
Parma, May 8, 1848.
G. CANTELLI, F. MAESTRI, F. DE
CASTAGNOLA,
Formal Minute of the Result of the Plebiscite. May 26, 1848 1
Il Governo provvisorio di Parma, The Provisional Government of
considerando la condizione presente Parma, considering the present condi-
delle cose nostre e d'Italia; la con- tion of affairs in Italy and that it is
venienza e necessità che più a lungo expedient and necessary that an un-
non durasse una incertezza dannosa a certainty which is harmful to each of
ciascuno degli Stati fattisi indipen- the independent States, and danger-
denti, e pericolosa a tutta l'Italia; ad- ous to all Italy, should no longer con-
empiendo pur anco i desideri mani- tinue; fulfilling also the wishes mani-
festati da moltissimi cittadini, fece fested by many citizens, by an act of
con Atto dell' maggio 1848 aprire in May 8, 1848, opened registries in
ogni parrocchia dello Stato registri, every parish of the State, in which
ne' quali ciascuno esponesse libera- everybody should freely express his
mente il suo voto, o per la riunione di vote, either for the union of this
questo Stato al Regno Sardo, o per State to the Kingdom of Sardinia, or
quelle altre condizioni o proposte che for other conditions and proposals
paressero più convenienti al nostro that might seem more suitable to our
Stato e all'Italia.
State and to Italy.
Chiusi e trasmessi i registri entro The registers having been closed
il termine prescritto, il Governo Prov- and sent in within the given time, the
visorio ordinò, il 20 maggio, che la Provisional Government, on the 20th
verificazione ed enumerazione dei voti of May, ordered that a verification
si facesse, assistendovi due membri and enumeration of votes should be
del Governo, il Presidente del Su-
made in the presence of two members
premo Tribunale, il Procuratore gen- of the Government, the President of
erale presso il Tribunale medesimo e
the Supreme Court, the Attorney
l'archivista dello Stato; e che per mi- General of the same Court and the
nistero de’Notai dott. Antonio Lom- Keeper of the State Archives, and
bardi e dott. Enrico Adorni si com- that the notaries, assisted by Dr.
1 Le Assemblee, vol. 1, p. 600.
414
DOCUMENTS
pilasse processo della verificazione dei Antonio Lombardi and Dr. Enrico
voti e del risultamento di essi.
Adorni, should draw up an official re-
port of the verification of the votes
and the result of the same.
Per dar opera alle quali cose gl'in- To make these acts effective, the
dividui anzidetti si sono difatto ra- above mentioned individuals met in
dunati nel Palazzo del Governo la the Town Hall on the evening of that
sera di quel medesimo giorno (20), same day (the 20th) and continued
ed hanno continuato lo squittinio nei the count on the following days
successivi (21, 22, 23, 24); ed at- (21st, 22nd, 23rd, 24th), and care-
tentamente esaminata ciascuna nota fully examined each list of the votes,
dei voti, ne raccolsero i risultati, il and collected the results which are
quali nello Specchio qui unito si rap- shown and are now promulgated in
presentano, ed ora vengono promul- the accompanying table.
gati.1
Dalla maggioranza grandissima From the great majority of the
de'quali voti, è determinata la ri- said votes the union of this State with
unione di questo Stato a quello di S. that of H. M. Carlo Alberto is deter-
M. Re Carlo Alberto; la cui sapienza mined; whose wisdom promises free
promette ai Popoli istituzioni vera- and civilized institutions
institutions to the
mente liberali e civili; dalla cui ma- People; from whose magnanimity
gnanimità Parma invoca e attende Parma invokes and expects the fulfill-
l'adempimento di alcuni desideri, quasi ment of certain wishes, almost uni-
universali pel Popolo Parmense, es- versal among the People of Parma,
pressi da moltissimi nel dare i loro and expressed by many in their votes
1
0
.
1 Note by the editor of the Assembly: Il risultato, completato dalla nota aggiunta in data
26 maggio, è il seguente:
Numero totale dei votanti
39,904
Per la riunione agli Stati Sardi.
37,451
Per Carlo II
1,656
Per gli Stati Pontifici
530
Per la Toscana
158
Diversi ..
8
Indeterminati
101
Translation: The final result, counting in a list added under date of May 26th, is as
follows:
Total number of those voting
39,904
For union with the Sardinian States
37,451
For Carlo II ..
1,656
For the Pontifical States
530
For Tuscany
158
Scattered
8
Undetermined
101
ITALIAN PLEBISCITES OF 1848
415
voti per la riunione al Regno Sardo;
for the union with Sardinia. They
e sono:
are:
Che Parma sia Capoluogo di Prov- That Parma shall be the Capital of
incia, e Sede di un Tribunale Supe- the Province, and the Seat of the
riore;
Supreme Court.
Che i beni del Patrimonio dello That the property of the Patri-
Stato di Parma siano destinati a par- mony of the State of Parma be ap-
ticolare beneficio dello Stato mede- propriated to the sole benefit of the
simo; e le rendite erogate alle pub- said State; and the income ap-
bliche istituzioni, fra le quali prin- propriated to public institutions, prin-
cipalissima l'Università degli Studi di cipally the University of ancient fame
antica fama e splendore; e così tutte and splendor, and also all others al-
le altre che già esistono, come a quelle ready existing, as well as those others
che possono essere dimandate dal which may be demanded by present
bisogno presente e dal progresso delle need and the progress of the Arts
arti e delle scienze; come fu già dis- and Sciences; as was provided in the
posto nel Decreto del Governo prov- Decree of the Provisional Govern-
visorio del 14 maggio corrente; ment of May 14th.
Che, sino ad una nuova legisla- That, until new legislation for the
zione per tutto il nuovo Regno, sieno whole of the new Kingdom be made,
conservati i vigenti nostri Codici, e our present codes, and the present
gli attuali ordini giudiziari ed am- judiciary and administrative provi-
ministrativi;
sions shall be preserved.
Che poi la Costituzione del nuovo Also, that the Constitution of the
Regno si riformasse sopra basi più new Kingdom shall be made over
larghe.
upon a broader basis.
I registri contenenti le espressioni That the registers containing the
dei voti vengono immediatamente expressions of the wishes be given im-
consegnati al qui presente sig. prof. mediately to Professor Amadio
Amadio Ronchini archivista, perchè Ronchini, Keeper of the Archives, in
ne faccia deposito nell’Archivo dello order that he may deposit them in the
Stato in adempimento del sopracitato State Archives in fulfillment of the
Decreto del 20 maggio.
above mentioned Decree of May 20th.
Di tutte le quali cose ne viene dis- Of all of these things a detailed Act in
teso Atto in duplice originale dai sot- duplicate form has been made by the
toscritti Notai della Basilica-Catte- undersigned Notaries of the Cathe-
drale alle ore sei pomeridiane di ques- dral at six P. M. of this day, May
to giorno 25 maggio 1848.
25th, 1848.
Assisterono a quest'Atto solenne i The members of the Provisional
componenti il Governo provvisorio, Government were present at this
416
DOCUMENTS
meno il signor Bandini, che non ha solemn Act, excepting Signor Ban-
potuto intervenire per motivo di dini, prevented from coming by ill
cagionevole salute; il Presidente del health; the President of the Supreme
Supremo Tribunale, il Procuratore Court, the Attorney General of the
generale presso il Tribunale medesimo said Court, and the Keeper of the
e l'Archivista dello Stato: alla pre- State Archives; in the presence of the
senza delle Rappresentanze del Popolo, Representatives of the People, of the
delle Autorità civili e militari dello Civil and Military Authorities of the
Stato, e della Guardia nazionale. State and of the National Guard.
E pubblica lettura data, i membri After the public reading thereof,
del Governo e della Commissione so- the members of the Government and
pradetta si sono sottoscritti coi Notai. Commission above mentioned signed
with the Notaries.
Sottoscritti: DE CASTAGNOLA -- (Signed): DE CASTAGNOLA, L.
L. SANVITALE — G. CANTELLI --- F. SANVITALE, G. CANTELLI, F. MAES-
MAESTRI — P. PELLEGRINI - G. C. TRI, P. PELLEGRINI, G. C. CARLETTI,
CARLETTI — G. BERTOLINI - G. B. G. BERTOLINI, G: B. NICCOLOSI, A.
NICCOLOSI - A. RONCHINI - E. RONCHINI, E. ADORNI, A. LOMBARDI.
ADORNI — A. LOMBARDI.
Nell'istante in cui erano per apporsi At the moment in which they were
le soscrizioni, il signor Carlo Pastori, to affix their signatures, Signor Carlo
condottiere della seconda colonna Pastori, Commander of the Second
mobile dei volontari parmensi, ed il Regiment of the Parma volunteers,
signor dottore Enrico Rossi primo and Dr. Enrico Rossi, First Lieu-
tenente della colonna stessa, composta tenant of the said Company, com-
di dugento uomini, non avendo prima posed of two hundred men, not hav-
d'ora potuto emettere il voto all’unione ing been able to vote upon the pro-
discorsa, perchè occupati in esercizi posed union, owing to military duty,
militari, hanno dichiarato essere la declared their Company unanimously
colonna loro unanimamente pel capi- in favor of H. M. Carlo Alberto as
tano dell'armata' italiana S. M. Carlo Commander of the Italian Army.
Alberto.
Sottoscritti: PASTORI CARLO, Con- (Signed) Carlo PASTORI, Com-
duttore della seconda colonna mobile mander of the Second Mobile Column
di Parma — Dottore ENRICO Rossi, of Parma, Dr. ENRICO Rossi, First
primo tenente.
Lieutenant
Si crede importante dai sottoscritti The undersigned consider it im-
il dichiarare che oggi stesso è perve- portant to declare that the Provi-
nuta a questo Governo provvisorio sional Government has received today
l'adesione per lettera di S. E. Rev. ma by letter the adhesion of His Excel-
ITALIAN PLEBISCITES OF 1848
417
Monsignor Vescovo di Borgo San lency the Rev. Bishop of Borgo San
Donnino al Governo di S. M. l'invitto Donnino to the Government of H. M.
Re Carlo Alberto, adesione da lui si- the invincible King Carlo Alberto,
gnificata come conforme all'espres- an adhesion stated by him to be in
sione della maggioranza dei cittadini. accordance with the expression of the
Onde il risultato ultimo della votazione will of the majority of the citizens.
per aggregazione al Regno Sardo, com- Therefore, the final result of the vot-
presi i dugento della colonna mobile ing for the union with Sardinia, in-
di cui in calce all'atto solenne, ascende cluding the two hundred of the
al numero di trentasettemilaquattro- Mobile Column which is annexed to
centocinquantuno (37,451). Si dichi- the solemn act aforesaid reaches the
ara ad un tempo che al predetto atto number of thirty-seven thousand four
solenne furono presenti anche le au- hundred and fifty-one (37,451). It
torità ecclesiastiche non menzionate is declared at the same time that at the
in esso per omissione materiale. aforesaid solemn Act the ecclesiastic
Questa dichiarazione addizionale è authorities were also present, not
stata sottoscritta dal Governo prov- mentioned in the document through
visorio e dalla Commissione incari- a serious omission. This additional
cata dello squittinio e da noi Notai declaration has been signed by the
dopo lettura
Provisional Government and the
Commission in charge of the count,
and by the Notaries after the reading.
Parma questo di 26 maggio 1848. Parma, May 26, 1848.
Sottoscritti: DE CASTAGNOLA — (Signed) DE CASTAGNOLA, G.
G. CASTELLI - L. SANVITALE - G. CASTELLI, L. SANVITALE, G. C. CAR-
C. CARLETTI — F. MAESTRI
LETTI, F. MAESTRI, P. PELLEGRINI,
PELLEGRINI
G. BANDINI G. G. BANDINI, G. BERTOLINI, G. B.
BERTOLINI G. B. NICCOLOSI A. NICCOLOSI, A. RONCHINI, ADORNI,
RONCHINI ADORNI A. LOM- A. LOMBARDI.
P.
BARDI.
Law of the Sardinian Parliament Accepting the Votes of Parma and Guastalla
and Uniting them with the Sardinian States. Law of June 16, 1848 1
Visto il risultamento della votazione Whereas the result of the universal
universale tenutasi nei Ducati di voting in the Duchies of Parma and
Parma e Guastalla, presentata a S. M. Guastalla, presented to His Majesty
da speciali deputazioni, secondo la 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
DOCUMENTS
quale è general voto di quelle popo- which the will of those populations
lazioni di riunirsi al nostro Stato. for their union with our State is gen-
eral,
Per assicurare a quelle nuove pro- In order to assure to these new
vincie il godimento il più immediato provinces the earliest possible enjoy-
possibile dei diritti politici.
ment of political rights,
ART. 1. I Ducati di Parina e Gua- ARTICLE 1. The Duchies of Par-
stalla faranno parte integrante dello ma and Guastalla shall form an in-
Stato a cominciare dalla data della tegral part of the State, to commence
presente legge.
from the date of the present law.
Art. 2. Avranno immediato vi. ART. 2. The Constitution of the
gore nei Ducati medesimi lo Statuto Kingdom and our laws relating to
fondamentale del Regno, e le leggi communal militia, to political elec-
nostre sulla milizia comunale, sulle tions and to the press shall have im-
elezioni politiche e sulla stampa. mediate force in the said Duchies.
ART. 3. È data facoltà al Governo ART. 3. As a case of immediate
di provvedere in via d'urgenza con necessity the Government is given the
semplici decreti reali ad una prov- power to provide by royal decrees
visoria esecuzione delle operazioni for a provisional execution of elec-
elettorali sulla base dell'analogia colla toral proceedings on the basis of
legge elettorale vigente.
analogy with the existing electoral
law.
ART. 4. La linea doganale esist-
ART. 4. The customs boundary ex-
ente tra il Ducato di Parma e gli Stati isting between the Duchy of Parma
Sardi, come pure quella tuttora con- and the Sardinian States, as likewise
servata tra questi e il Ducato non that maintained at present between
unito di Piacenza, verranno tolte. the latter and the Duchy of Piacenza
which is not united, shall be abolished.
ART. 5. La tariffa doganale Sarda Art. 5. The Sardinian customs tar-
in un colle variazioni alla medesima iff, with all the amendments to the
fatte fino alla data della presente, same made up to the date of this
verrà provvisoriamente posta in vigore present law, shall be provisionally put
in quei due Ducati, non che in quello in force in these two Duchies, as well
di Guastalla.
as in that of Guastalla.
ART. 6. Sarà provvisto con de- ART.6. Provision shall be made by
creto reale circa il modo ed il tempo royal decree concerning the manner
di mandare ad effetto le disposizioni and time of carrying out the provi-
di cui nei due precedenti articoli. sions of the two preceding articles.
Art. 7. Sarà pure provvisto nello Art. 7. Provision shall also be
stesso modo per quanto concerne all’- made in the same manner for every-
uniformità di sistema e di prezzo nella thing concerning the uniformity of
ITALIAN PLEBISCITES OF 1848
419
vendita dei generi di privativa nei tre system and of prices in the private
Ducati.
sale of merchandise in the three
Duchies.
ART. 8. Nulla sarà però innovato Art. 8. But nothing shall be altered
riguardo al prezzo di vendita del sale. in regard to prices in the sale of salt.
ART. 9. Nel resto staranno prov-
ART. 9. For the rest, the present
visoriamente in vigore le leggi attuali, laws shall remain provisionally in
intanto che possa essere maturata la force, until the complete extension of
compiuta estensione della legislazione general legislation of the State to the
generale dello Stato ai Ducati di Duchies of Parma and Guastalla can
Parma e Guastalla.
be developed.
I ministri sono incaricati della ese- The ministers are charged with the
cuzione della presente legge.
execution of the present law.
The Provisional Government of Piacenza Makes Public the Result of the
Plebiscite. May 12, 1848 1
La Nazione italiana che dopo i The Italian Nation, which, after
Trattati del 1815 aveva subito una the Treaties of 1815, had submitted
lunga e dolorosa servitù e i di cui to a long and unhappy servitude, and
sforzi magnanimi più volte rinnovati whose great efforts, many times re-
furono contenuti sempre da una forza newed, were always opposed by an
immensa, preponderante, finalmente, immense and overwhelming force,
nell'anno 1848, aiutata dalla divina finally, in the year 1848, helped by the
parola di Pio IX e dalla forza sempre sacred word of Pius IX, and the ever
crescente della civiltà ruppe il giogo increasing power of
of civilization,
straniero e si rivendicò in libertà, in- broke the stranger's yoke and vindi-
vocando il grande, l'imprescrittibile cated her liberty, invoking the great
principio della sua Nazionalità. and unwritten principles of her Na-
tionality.
Cessato per noi il regnare di Maria When Maria Louisa of Austria
Luigia d'Austria, succedette Carlo II ceased to reign over us, Carlo II of
di Borbone, il quale per breve ora fu Bourbon succeeded, who, for a short
detto Duca di questi Stati. Il suo time was called Duke of these States.
dominio antinazionale e misto con in- His anti-national rule influenced by
timissime alleanze a quello dell'Aus- most intimate alliance with Austria
tria dovette necessariamente e legitti- necessarily and legitimately fell with
mamente cadere con l'altro al quale that which upheld it.
si reggeva.
1
1 Le Assemblee, vol. 1, p. 622.
420
DOCUMENTS
Nel dì 26 marzo ultimo, gli Aus- On the 26th of last March, the
triaci sgombrarono il Castello. Nel Austrians moved out of the Castle.
dì stesso la Città, rotti gli stemmi The same day the City, having de-
ducali, si proclamò libera e padrona stroyed the ducal coat-of-arms, pro-
di sè, dandosi con mirabile consenso
claimed herself free and mistress of
di tutti gli ordini ad un Governo prov- herself, giving herself, with the won-
visorio, che dura tuttavia benemerito derful agreement of all classes, a Pro-
ed approvato. In questo grande visional Government, which still ex-
movimento un'idea dominava sopra ists, worthy and approved. In this
tutte, di allontanarsi dal regime ducale great movement one idea predomi-
incompatibile colla indipendenza della nated over all others, to break away
Nazione, e di accostarsi a tale altro from the ducal régime, incompatible
Governo per cui fosse costituita e cor- with the independence of the Nation,
roborata l'Unità Italiana.
and to draw near to any other Gov-
ernment by which Italian Unity
would be established and strength-
ened.
Se non che a deliberazione così im-
But for such important delibera-
portante parve non fossero per bas- tions, neither the ordinary Councils
tare nè i Consigli ordinari nè qual- nor any other kind of Assembly
unque altra Assemblea deliberante, seemed sufficient, therefore a uni-
ma si richiedesse propriamente il voto versal vote was called for, to be given
universale manifestato individual- individually in the broadest form pos-
mente nella forma più lata possibile sible by each citizen.
da ciascun cittadino.
Secondo questo concetto per voto In accordance with this plan for the
del Consesso civico questo Governo vote of the Civic Assembly, this Gov-
con Atto del giorno 7 aprile ultimo, ernment by Act of the 7th of last
stabilì che ogni cittadino maggiore di April, ordered that each citizen who
età dovesse liberamente esprimere il was of age should freely express his
suo voto sovra appositi registri per vote upon registers provided there-
l'aggregazione di questo Stato ad for, for the union of this State to an-
altro Stato d'Italia.
other State of Italy.
I registri furono aperti in ogni The registers were opened in all
Comune del Piacentino, nel dì 10 the Communes of Piacenza on the
aprile suddetto, e furono chiusi nel 10th of April, and were closed on
giorno 2 maggio corrente e mandati May 2nd, and sent by the respective
dai rispettivi Podestà al signor Dele- Mayors to the Delegate of the Gov-
gato del Governo di Piacenza.
ernment of Piacenza.
Ed ora in virtù dell'Atto del Go- And now by virtue of the Act of
verno del 7 corrente maggio da noi Government of May 7th, Dr. Luigi
ITALIAN PLEBISCITES OF 1848
421
dottor Luigi Guastoni, dottor Vin- Guastoni, Dr. Vincenzo Salvetti, both
cenzo Salvetti, amendue notai a Pia- 12otaries of Piacenza, and Antonio
cenza, e Antonio Bonora archivista di Bonora, Keeper of the Archives of
questo Municipio si procede con l'in- this Municipality, proceed with the
tervento delle infradistinte Autorità, e aid of the various authorities, and in
coll' assistenza dei Corpi civili, eccle- the presence of the civil, ecclesiastical
siastici e militari, ed in presenza del and military bodies, and in the pres-
Popolo allo scrutinio dei sovraindicati ence of the people, with the count of
registri che ci vengono qui presentati the above-mentioned registers which
dal signor Delegato del Governo di were here presented by the Delgate of
Piacenza, Conte Guido Barattieri, e the Government of Piacenza, Count
se ne opera lo spoglio come segue: Guido Barattieri, and the count is
made as follows:
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
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 the Pontifical States
352
With Tuscany
10
Undetermined
61
Totale
37,585
37,585
La maggioranza assoluta di voti è The absolute majority of the votes
per la nostra aggregazione al Pie- is for our union with Piedmont.
monte.
Questo risultato spiega essere stato This result proves the almost unani-
quasi unanime il pensiero di tutti i mous wish of our citizens in favor of
nostri concittadini per la unione di the union of this State with Piedmont;
questo Stato al Piemonte; tolte le omitting the women, minors, the sick,
donne, i minorenni, gli infermi, le and the Corporations of regulars
Corporazioni regolari dal numero to-
from the total number of our popu-
tale della nostra popolazione a poco lation, the number of people able to
più dell'ottenuto pel Piemonte si ridu- vote was reduced to little more than
ceva per noi il numero delle persone the number of votes obtained for
che potevano dar voto.
Piedmont.
I registri si ripongono in casse di The registers, placed in leaden cas-
piombo e si consegnano al signor kets, have been given in charge of the
archivista, onde siano custoditi in Keeper of the Archives to be pre-
questo Archivio municipale a tenore served in the Municipal Archives ac-
del citato Atto del Governo del 7 cording to the Governmental Act of
maggio corrente.
May 7th.
422
DOCUMENTS
Da questo inclito Governo ci si This illustrious Government makes
presenta un Estratto di deliberazione public an Extract of Deliberations
presa dal Consesso civico di Piacenza made by the Civic Assembly of Pia-
nel dì 8 corrente, ove si esprimono cenza on the 8th instant, where many
diversi voti coi quali intende si abbia votes are expressed with the intention
ad accompagnare l'Atto di nostra ade- of joining in the Act of our adhesion
sione al Piemonte. E questa presen- to Piedmont. And this presentation
tazione viene fatta onde quell'Estratto was made in order that the extract
di delibera si rimanga unito e faccia of deliberation may be complete, and
parte dell’Atto presente. E da noi form part of the present Act, and by
notai ed archivista lo si unisce di us, Notaries and Archivist it is for-
fatto a quest'Atto ed è del tenore mally appended to this Act and reads
seguente:
as follows:
Estratto della deliberazione del Con- Extract of the Deliberation of the
SESSO civico di Piacenza del
Civic Assembly of Piacenza
di 8 maggio 1848
May 8, 1848
Il Consesso civico nella omai certa The Civic Assembly in the now
previsione che il nostro territorio sia certain provision that our territory
per aggregarsi al Piemonte ha unani- will be united to Piedmont has unani-
memente espresso i seguenti voti coi mously expressed the following
quali si abbia ad accompagnare l’Atto wishes to accompany the act of trans-
di dedizione al Governo di S. M. mission to the Government of his Sar-
Sarda:
dinian Majesty :
1° Che la città di Piacenza sia ten- 1. That the city of Piacenza be
uta Capoluogo di divisione non sog- held to be the capital of a district, and
getta a dipendenze amministrative se not subject to any administrative
non verso le Autorità supreme e cen- jurisdiction, save that of the supreme
trali dello Stato.
and central authority of the State;
2° Che la sia conservato oltre il 2. That there be continued, be-
Tribunale civile criminale side the Civil and Criminal Courts, a
Tribunale d'appello come lo ha di Court of Appeals as it now exists;
presente;
3° Che gli studi del Liceo siano 3. That the Lyceum be main-
mantenuti ed ampliati secondo è ri- tained, and the studies amplified ac-
chiesto dalla ragione de'tempi;
cording to the demands of the times;
4° Che possa reggersi colle proprie 4. That it shall be ruled by its
leggi civili e penali insino a che la own civil and penal laws, until the
legislazione piemontese non abbia Piedmontese legislation has been sub-
subite le riforme sostanziali di già jected to the substantial reforms al-
e
un
ITALIAN PLEBISCITES OF 1848
423
di cose.
A true copy
promesse e reclamate dal nuovo stato ready promised and called for by the
new state of things.
5° Che sieno mantenite le dispo- 5. That all definite and permanent
sizioni definite di lor natura e perma- arrangements made by the present
nenti date dall'attuale Governo prov-
Provisional Government shall be
visorio ed in ispecie quelle risguard- maintained, especially by those re-
anti i beni del Patrimonio dello Stato. garding the property of the Patri-
mony of the State.
Per copia conforme
Il Segretario del Consesso civico di Secretary of the Civic Assembly of
Piacenza, G. MISCHI.
Piacenza, G. MISCHI.
Tutte queste cose si sono fatte in All these things were done in Pia-
Piacenza nella Chiesa dei SS. Protaso cenza, in the church of SS. Protaso e
e Francesco posta nella Piazza de'Ca- Francesco on the Piazza de' Cavalli,
valli, oggi 10 maggio 1848 alle ore 12 to-day, May 10th, 1848, at twelve
meridiane coll'intervento degli il- o'clock in the presence of the illus-
lustrissimi signori .. (Seguono le trious gentlemen. (Signatures
firme).
follow.)
Questo atto si fa in triplo originale, This act was made in triplicate, and
e dopo lettura fattane dal notaro after the reading by the Notary, Gua-
Guastoni, viene sottoscritto dagli Il- stone, was signed by the illustrious
lustrissimi Signori intervenienti, da gentlemen present, by us the Notaries
noi notai e dall'archivista.
and by the Keeper of the Archives.
Sottoscritti: PIETRO GIOJA — (Signed) PIETRO GIOJA, ANTONIO
ANTONIO ANGUISSOLA CAMILLO ANGUISSOLA, CAMILLO PIATTI.
PIATTI.1 .
Si certifica vera la firma qui sopra We certify to the authenticity of
posta del signor dottore Luigi Guas- the signature placed above by Dr.
toni notaio residente in Piacenza. Luigi Guastoni, notary residing in
Piacenza.
Piacenza 12 maggio 1848
Piacenza, May 12th, 1848.
Il Presidente del Tribunale civile e President of the Civil and Criniinal
criminale, G. COMELLI.
Court, G. COMELLI.
L. BORDI, Cancelliere.
L. BORDI, Chancellor.
Si certifica vera la firma del Signor We certify to the authenticity of
Giuseppe Comelli Presidente del Trı- the signature of Mr. Guiseppe Co-
bunale civile e criminale.
melli, President of the Civil and Crim-
inal Court.
Piacenza li 12 maggio 1848.
Piacenza, May 12th, 1848.
Il Governo provvisorio
The Provisional Government.
7
1 The other 62 signatures given in the original are omitted.
424
DOCUMENTS
P. GIOIA — A. ANGUISSOLA D'AL- P. GIOIA, A. ANGUISSOLA D'ALTOE,
TOE — C. MARAZZANI— C. PIATTI- C. MARAZZANI, C. PIATTI, A. EM-
A. EMMANUELI.
MANUELI.
I Segretari del Governo prov- The Secretaries of the Prov.
visorio Dott. CAMILLO FIORUZZI - Government, Dott. CAMILLO F10-
Avv. CARLO GIARELLI.
RUZZI, Avv. CARLO GIARELLI,
Con successivo atto 7 giugno 1848 By the additional Act of June 7th,
si rettifica lo spoglio, aggiungendo il 1848, the count was rectified, by add-
risultato di quattro Comuni non com- ing the result of four communes not
presi nell Atto precedente, costituendo included in the preceeding Act, thus
così le cifre definitive seguenti: making the final figures become:
Popolazione
217,789 Population
217,789
Numero delle famiglie
44,586 Number of families
44,586
Voti per l'aggregazione al Piemonte.. 38,770 Votes for union with Piedmont .... 33,770
Id.
a Roma
378 Votes for union with Rome
378
Indeterminati
66 Indeterminate
68
MODENA AND REGGIO
The Municipality of Reggio Proclaims a Plebiscite on the Question of Union
with Sardinia. May 3, 1848 1
CONCITTADINI!
CITIZENS:
Secondando l'istanza presentata a In compliance with the demand an-
questi Atti da alcuni Cittadini caldi di nexed to these Acts by a number of
vero amor patrio, i quali negli andati citizens, who, glowing with love of
giorni hanno raccolta una quantità country, have collected a considerable
considerevolissima di firme ad una sos- quantity of signatures to a voluntary
crizione volontaria, apertasi per mani- petition which had been started to
festare il desiderio degli abitanti di show the desire of the inhabitants of
questa Provincia di unir prontamente this Province for the immediate union
i Ducati Estensi al Regno Piemontese, of the Duchies of Este with the King-
formando cogli Stati Parmensi, colla dom of Piedmont, forming with the
Lombardia e colla Venezia un Regno states of Parma, Lombardy and
dell’Alta Italia, questo Comune ad Venetia a Kingdom of Upper Italy,
imitazione di molte altre città italiane, this Commune, in imitation of many
ha nominata una Commissione dei sig- other Italian cities, has elected a com-
nori:
mission composed of the following
members:
Sac. Dott. LUIGI MAJOLI — Dott. Rev. Dr. LUIGI MAJOLI - Dr.
1 Le Assemblee, vol. 1, p. 481.
ITALIAN PLEBISCITES OF 1848
425
NICOMEDE BIANCHI — Dott. PIETRO NICOMEDE BIANCHI — Dr. PIETRO
MENOZZI incaricati specialmente MENOZZI . especially charged with
a raccogliere e custodire religiosa- the function of collecting and care-
mente le firme di tutti quelli che fully keeping the signatures of all
per moto assolutamente libero e asso- those who, moved by an absolutely
lutamente spontaneo sono desiderosi, free and spontaneous desire, wish to
di dare i loro nomi all'Atto suddetto, give their signatures to the Act above
il cui tenore proposto è il seguente:
mentioned of which the proposed
tenor is as follows:
VIVA L'ITALIA — VIVA CARLO AL-
BERTO – VIVA LA COSTITUZIONE
VIVA IL REGNO DELL'ALTA ITALIA.
LONG LIVE ITALY - LONG LIVE
CARLO ALBERTO - LONG LIVE THE
CONSTITUTION — LONG
LONG LIVE THE
KINGDOM OF UPPER ITALY.
Noi desideriamo di unirci al Pie- We desire to join with Piedmont
monte a fine di formare colla Lombar- in order to form with Lombardy a
dia un Regno forte, compatto, agguer- strong and compact Kingdom, forti-
rito, protetto dalla stessa spada, retto fied and protected by the same sword,
dalle medesime leggi costituzionali. and under the same constitutional
Frattanto organizzeremo le nostre laws. In the meanwhile we shall or-
truppe con gli ordini militari del Pie- ganize our troops under the military
monte ed ordineremo possibilmente la orders of Piedmont and shall possibly
nostra Amministrazione colle leggi conform our administration to the ad-
amministrative di quel Regno. I pattie ministrative laws of that Kingdom.
le condizioni della definitive estabile fu- The pact and the conditions of a final
sione politica saranno particolarmente and stable political fusion shall be
ventilati e discussi nella Generale As- brought up in detail and discussed in
semblea, composta dai Rappresentanti the General Assembly, composed of
di tutte le Provincie, che si vorranno representatives of all the provinces
aggregare (e saranno crediamo oltre which may wish to join with the Sub-
le Lombarde anco le Venete) al Regno alpine Kingdom (the Venetian will be
Subalpino: Assemblea necessaria per included with the Lombard Provinces
fissare i principi dell'assimiliazione we believe); an Assembly necessary
con riguardo agli interessi e alle con- to determine the principles of assim-
dizioni locali di ciascuna Provincia. ilation with regard to the interests
Questi patti saranno per noi da stabi- and local conditions of each Province.
lirsi sulle seguenti basi :
These pacts will be settled by us upon
the following basis:
1º. Lo Statuto Costituzionale sarà 1. The Constitution shall be as
il più largo ed il più popolare possi- broad and as popular as possible.
bile;
426
DOCUMENTS
2º. Resteranno a nostro escluso 2. The corporate funds and free-
profitto i beni Camerali ed Allodiali holds belonging to the former Duchy
dell'ex-Ducato Estense, non che i pa- of Este, not excluding the property of
trimoni delle Opere Pie e dei Comuni; charitable institutions and of the com-
munes, shall remain to our exclusive
profit.
3º. Saranno ordinati gli Studi ed 3. The Universities and the Courts
i Tribunali in modo che torni comoda shall be organized in such a way that
e spedita il piu che si può l'Istruzione the public instruction and the ad-
pubblica e l'Amministrazione della ministration of justice shall be as ex-
giustizia.
peditious and convenient as possible.
La Commissione suddetta risederà The said Commission shall sit in
in questo Palazzo Comunitativo ogni this Communal Palace every day
giorno, dalle ore dieci antimeridiane from the hour of 10 a. m, to the hour
alle ore due pomeridiane, e cesserà le of 2 p. m. and shall terminate its
sue operazioni il giorno 25 del mese labors on the 25th day of the current
corrente. Chiunque intanto ama di month.
vedere viemmeglio rassicurata la Na- Whoever, meanwhile, desires to see
zionalità e la Indipendenza Italiana è the cause of Nationality and Italian
invitato a dare il suo libero voto alla Independence fulfilled is invited to
sopra indicata soscrizione, iniziatrice give his free vote to the petition indi-
e preparatrice dell'Assemblea, la quale cated above which will bring about
deciderà definitivamente dei futuri and prepare the Assembly, which
nostri destini.
will definitely decide our future des-
tinies.
Del Palazzo del Comune di
From the Communal Palace of
Reggio, li 3 maggio 1848.
Reggio, the 3rd of May, 1848.
Pel Comune: L. CORBELLI.
For the Commune, L. CORBELLI,
PRANDI-PIERONI, Segretari.
PRANDI-PIERONI, Secretaries.
The Podesta Publishes the Electoral Arrangements. May 5, 1848 1
IL PODESTÀ DEL COMUNE DI
REGGIO NOTIFICA
THE PODESTA OF THE COM-
MUNE OF REGGIO
Che ad agevolare maggiormente
gli effetti del Proclama del 3 corrente,
col quale s'invitano i Cittadini a dare
Gives notice that, in order to better
accomplish the purposes of the Proc-
lamation of the 3rd inst., by which
1 Le Assemblee, vol. 1, p. 482.
ITALIAN PLEBISCITES OF 1848
427
libero voto alla soscrizione per la the citizens are invited to give their
tanto bramata formazione di un free vote to the petition for the
Regno dell'Alta Italia, il Comune, ac- much desired formation of a King-
cogliendo volenteroso un indirizzo del dom of Upper Italy, the Commune,
Circolo Politico di questa città, il willingly accepting an address of the
quale facendo plauso alla suddetta sos- Circolo Politico of this City, which,
crizione ha chiesto di coadiuvare la favoring the said petition, has asked
Commissione Generale delegata a rac- to assist the General Commission dele-
cogliere e custodire le firme dei sos- gated to receive and care for the sig-
crittori; ha nominato una Commis- natures of those who wish to sign, has
sione sussidaria composta dei signori: appointed a subsidiary Committee
composed of the following:
PROF. FRANCESCO SELMI
PROF. FRANCESCO SELMI
MARCO RAVÀ
MARCO RAVÀ
Dott. GIAMBATTISTA GIAVARINI DR. GIAMBATTISTA GIAVARINI
Dott. GIAMPAOLO ZANNONI
DR. GIAMPAOLO ZANNONI
Avv. ANTONIO FOLLONI
ADV. ANTONIO FOLLONI
DOTT. GIUSEPPE TURRI
DR. GIUSEPPE TURRI
Dott. MASSIMILIANO GARAVELLI DR. MASSIMILIANO GARAVELLI
ANTONIO CODAZZI
ANTONIO CODAZZI
Dott. GIAMBATTISTA GORISI
DR. GIAMBATTISTA GORISI
BASILIO GRADELLINI
BASILIO GRADELLINI
BARTOLOMMEO DONELLI
BARTOLOMMEO DONELLI
Dott. GIOVANNI FIASTRI,
DR. GIOVANNI FIASTRI
La suddetta Commissione sussidia- The said subsidiary Committee, for
ria per maggiore comodità del Popolo the greater convenience of the people,
risiederà dalle sei della mattina alle shall sit from 6 in the morning till
due pomeridiane nell'antico locale 2 P. M., in the former premises of the
della farmacia Bezzi sotto il Broletto pharmacist Bezzi, under the Broletto
di questa Città.
of this City. They are charged with
Essa è incaricata a raccogliere i the collection of the names and the
nomi e cognomi delle persone ignare surnames of those illiterate persons
di lettere, le quali desiderano concor- who desire to take part in the said
rere nel suddetto voto; nonchè a pres- vote: also to lend assistance to the
tar mano ai Parrochi di questa Città parish priests of this City so as to col-
per la piu pronta raccolta delle firme lect the signatures and the names as
e dei nomi.
quickly as possible.
Nel giorno 25 corrente anche la On the 25th day of the current
Commissione sussidiaria cesserà dalle month the Subsidiary Committee
sue funzioni e passerà le cartelle di shall cease from its functions, and
428
DOCUMENTS
soscrizione alla Commissione Gene-
rale pel necessario spoglio dei nomi
dei soscrittori.
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 5th day of May, 1848.
For the Podestà, L. CORBELLI.
PRANDI-PIERONI, Secretaries.
Reggio, dal Palazzo del Comune
li 5 maggio 1848.
Pel Podestà: L. CORBELLI.
PRANDI-PIERONI, Segretari.
1
The Municipality of Modena Proclaims a Plebiscite. May 10, 1848
MUNICIPIO DI MODENA
MUNICIPALITY OF MODENA
E desiderio crescente fra noi, è It is an
ever increasing desire
bisogno universalmente sentito quello among us, and a need universally felt,
di fissare per sempre i destini del nos- to determine for all time the destinies
tro paese. Prima necessità di uno of our country. The primary neces-
Stato è la propria indipendenza, e persity of a State is its own independ-
ottenere indipendenza non peritura ence, and in order to obtain an inde-
è indispensabile l'unione. L'unione pendence which shall not be transi-
sola può difendersi dal minacciante tory a union is indispensable. Union,
straniero e guardare par l'avvenire i alone may be defended from threat-
nostro confini, l'unione sola può re- ening strangers, and may guard our
golare stabilmente la cosa pubblica, frontiers in the future; union alone
fornirci di ordinati eserciti, proteg- can regulate public matters in stable
gere le nostre industrie, i nostri com- fashion and can organize armies, pro-
merci, tutelare la vita e l'onore della tect our commerce, our industries,
famiglie.
and uphold the life and the honor of
the family.
Il Municipio di Modena compreso The Municipality of Modena, con-
da queste ragioni e persuaso di gio- sidering these reasons, and sure that
vare, non solo al proprio paese, ma it is aiding not only its own country,
alla grande causa italiana e volendo but also the great Italian cause, and
eziandio secondare il voto pubblico, wishing, also, to favor the public will,
già in tanta parte manifestatosi col already manifested in so many places
mezzo di spontanee sottoscrizioni, e by signatures spontaneously given,
di più confortato oggi dal senno di and, moreover, being to-day supported
scelta mano di cittadini.
by the opinions of a distinguished
group of citizens;
1 Le Assemblee, vol. 1, p. 483.
ITALIAN PLEBISCITES OF 1848
429
DETERMINA:
DETERMINES:
di aprire appositi registri per accog- To open a register, adapted to the
liere le firme di quanti concorrono collecting of the signatures of those
nell'avviso della nostra unione col who are agreed as to our union with
Piemonte per fermare un grande Piedmont, in order to form a great
Regno costituzionale dell'Alta Italia, Constitutional Kingdom of Upper
dietro il programma che segue: Italy, according to the following pro-
gram:
VIVA L'ITALIA! VIVA CARLO AL-
KERTO! VIVA
COSTITUZIONE!
VIVA IL REGNO DELL'ALTA ITALIA !
LA
LONG LIVE ITALY! LONG LIVE
Carlo ALBERTO! LONG LIVE THE
CONSTITUTION! LONG
LONG LIVE
KINGDOM OF UPPER ITALY!
THE
Se la mano di Dio ha protetto If the hand of God has protected
l'Italia per liberarla, è necessario Italy in order to liberate her, it is nec-
operare prontamente per non rica- essary for us to act promptly, so that
dere in più duro e abbietto servaggio, she may not fall again into harder
per non essere maledetti dalle genera- and more abject slavery, in order that
zioni venture. Ogni istante è pre- we may not incur the curses of future
zioso; ogni indugio può rendere im- generations. Every minute is pre-
possibile la difesa. Qualunque sia nel cious: every delay may render de-
fondo del loro cuore l'opinione che fence impossible. Whatever the
professano, tutti gl'italiani dell'Alta opinions cherished at heart, whatever
Italia debbono unirsi in un solo Regno the opinions which we profess, all the
d'Italia, che abbraćci Lombardo-
abbraćci Lombardo- Italians of Upper Italy must join to-
Veneto, Piemonte, Liguria, Sardegna, gether in one Kingdom of Italy,
Modenese e Parmigiano, ristabilendo which should embrace Lombardy,
così e di gran lunga allargando il Venetia, Piedmont, Liguria, Sar-
pensiero di Bonaparte.— Che il Regno dinia, Modena, and Parma, thus re-
sia Monarchico-Costituzionale eredi- establishing and really amplifying the
tario in Carlo Alberto e sua discen- plans of Bonaparte. The Kingdom
denza mascolina. — Che provvisoria- shall be a Constitutional Monarchy,
mente, e per la prima Assemblea si hereditary in Carlo Alberto and his
adotti lo Statuto costituzionale pie- male descendants. Provisionally, and
montese, aggiungendo alle Camere un for the first Assembly, the Con-
numero di membri proporzionato alle stitution of Piedmont shall be adopt-
popolazioni che si uniranno.— Che le ed, adding to the Chamber a propor-
Camere alla prima adunanza possano tional number of members from the
modificare ed allargare lo Statuto a populations which shall join.. The
norma dei bisogni. Che sia adottato Chamber, at the first meeting, may
430
DOCUMENTS
un largo sistema municipale e comu- modify and enlarge the Constitution
nale. Che siavi eguaglianza di do- as necessity requires. A broad mu-
veri e di diritti in tutti i cittadini, a nicipal and communal system shall be
qualunque culto appartengano. adopted. There shall be equalization
of duties and of rights for all citizens,
to whatever religion they may belong.
Ma poichè la situazione di questi But as the situation of these coun-
paesi permette di ottenere certe altre tries allows the establishment of cer-
istituzioni, che noi crediamo neces- tain other institutions which we be-
sarie, giuste ed ultilissime ai mede- lieve necessary, just, and expedient to
simi, si propone di stabilire:
the same, it is proposed to establish
that,
1° I beni demaniali ed allodiali 1. The estates and landed property
dell'ex Duca saranno riservati alle due of the former Duke shall be reserved
provincie di Modena e di Reggio per for the two Provinces of Modena and
essere erogati come stabiilirà il Go- Reggio, to be disposed of as the pres-
verno provvisorio attuale, unitamente ent Provisional Government shall de-
ai Municipi di Modena e di Reggio; cide, jointly with the Municipalities of
Modena and Reggio.
2° Sarà tenuto perpetuamente dis- 2. The public debts owed by the
tinto il debito pubblico dei diversi several countries at the period of
componenti all'epoca dell'aggrega- union shall be held perpetually dis-
zione;
tinct.
3° Saranno conservati tutti gli sta- 3. All the establishments of the
bilimenti delle due Provincie aventi two provinces which have their own
fondi propri, ed all'Università di Mo- funds shall be preserved, and the
dena e Liceo di Reggio, saranno des- wealth of Jesuits of the two Prov-
tinati i beni gesuitici delle du Pro- inces shall be given to the University
vincie, portando insieme all'Università of Modena and the Lyceum of Reg-
e Liceo suddetti quei miglioramenti gio, giving to the said University and
che i tempi richiederanno;
Lyceum the improvements which the
times may require.
4° In ogni caso di Lega doganale 4. In every case of the application
col rimanente d'Italia, la quota del of the tariff laws in relation with the
Regno sarà proporzionata al raggua- other provinces of Italy, the rate of
gliato introito, cumulato insieme, delle the Kingdom shall be in proportion to
singole finanze dei componenti;
the total income ascertained from
adding together the separate incomes
of the various parts.
5° In Modena antica sede d'una 5. In Modena, the ancient seat of
ITALIAN PLEBISCITES OF 1848
431
а.
rinnovata Scuola del genio, ne verrà a School of Engineering, a new one
stabilita una nuova;
shall be established.
6° In Modena e in Reggio vi sarà 6. In Modena and in Reggio there
tribunale di prima istanza, e in Mo- shall be a lower tribunal and in Mo-
dena un magistrato supreme d'appello, dena a Supreme Court of Appeal:
oltre gli istituti relativi alle Camere e besides the institutions in connection
tribunali di commercio, che verranno with the Chambers and Courts of
necessariamente estesi anche a queste Commerce which necessarily will be
Provincie.
extended to these Provinces also.
Ed è per i sovraesposti urgentissimi It is for the above mentioned and
motivi, e per non lasciar trascorrere extremely urgent reasons, in order
un momento, che forse potrebbe essere not to let pass a moment which
may
unico, che sotto le condizioni già dette be the only one, that the undersigned
i sottoscritti aderiscono all'unione col adhere, under the said conditions, to
Regno di Sardegna, non dubitando union with the Kingdom of Sardinia,
che il loro esempio venga imitato dagli not doubting that their example will
altri nostri fratelli d'Italia.
come to be imitated by their other
Italian brothers.
Il Municipio nomina una Commis- The Municipality nominates
sione composta dei signori dottor Egi- Commission composed of the follow-
dio Boni, Guicciardi conte Francesco, ing: Dr. Egidio Boni, Count Fran-
Peretti professore dottor Antonio, .. cesco Guicciardi, Prof. Dr. Antonio
Peretti,
La detta Commissione è incaricata The said Commission is instructed
di assistere alle firme per la loro au- to be present at the signing, so as to
tenticità, e consegnarne a debito tempo be responsible for the authenticity of
gli elenchi al Municipio istesso. Essa their signatures, and shall make a re-
risiederà in questo Palazzo municipale port of the delivery of the lists into
ogni giorno dalle ore 10 antimeridi- the hands of the Municipality. It
ane alle 2 pomeridiane, e cesserà dalle shall sit in the Municipal Palace every
sue funzioni col giorno 25 del cor- day from the hour of 10 A.M. to 2
rente mese di maggio.
P.M., and cease from its functions
on the 25th of the current month of
May.
Modena, dal Palazzo municipale, Modena, the Municipal Palace,
10 magyio 1848.
May 10th, 1848.
La Conimissione:
The Commission.
PARENTI, Presidente; LUCCHI, PARENTI, President; LUCCHI,
GIUDELLI, MONTANARI, MANZINI, GIUDELLI, MONTANARI, MANZINI,
PADOA, AGGAZZOTTI.
PaDoa, AGGAZZOTTI.
,
432
DOCUMENTS
The Provisional Government of Modena, Reggio and Guastalla Embodies the
Result of the Plebiscites in a Formal Act of Union with the Sardinian
States. May 29, 1848 1
Trascorso il tempo assegnato a rac- When the time assigned for the
cogliere le sottoscrizioni, il Municipio collecting of the signatures was
di Modena chiese alla Commissione, passed, the Municipality of Modena
incaricata a tale uffizio, una minuta requested of the Commission charged
relazione dei risultati ottenuti, ed esa- with that function, a minute report of
minati i Registri e gli altri documenti, the results obtained, and having ex-
che irrefragabilmente constatavano il amined the registers and other docu-
voto libero e universale dei Modensi ments which irrefutably establish the
e loro Provincia di aggregarsi imme- free and universal vote of the inhabit-
diatamentel al Regno Sardo, addì 27 ants of Modena and their Province
maggio in piena e solenne adunanza for immediate union with the King-
con partito preso ad unanimità, il dom of Sardinia, on the 27th day of
COMUNE DI MODENA stabiliva che im-' May, at a full and solemn meeting,
mediatamente i Reggenti provvisionali with a resolution taken unanimously,
dovessero proclamare siffatta unione the COMMUNE OF MODENĄ at once de-
e per Atto pubblico e solenne ulti- cided that the Provisional Regents of
marla. I Municipi di Reggio e di Reggio should immediately proclaim
Guastalla avevano fatto la stessa do- this union by a solemn public act.
manda, onde il pubblico banditore The Municipalities of Reggio and of
addì 29 di quel mese lesse il proclama Guastalla have made the same de-
seguente:
mand, therefore the Public Crier, on
the 29th day of this month read the
following proclamation:
IL GOVERNO PROVVISORIO THE PROVISIONAL GOVERN-
DI MODENA, REGGIO,
MENT OF MODENA, REG-
GUASTALLA, ECC., ECC.
GIO, GUASTALLA, ETC., ETC.
Veduta la rappresentanza del Mu- In view of the request of the
nicipio di Modena del 27 andante Municipality of Modena, of the 27th
maggio 1848, il quale notifica al Go- day of the current month of May,
verno provvisorio, che:
1848, which notifies the Provisional
Government that:
Atteso l'unanime consenso degli in- In view of the unanimous consent
tervenuti ad una numerosa e straor- of those present at an extraordinarily
1 Le Asseniblee, vol. 1, p. 491.
2 Guastalla had voted for union with Modena and Reggio on May 24. Ibid., p. 488.
1
ITALIAN PLEBISCITES OF 1848
433
:
dinaria adunanza municipale tenuta il large municipal meeting, held the 10th
10 corrente per la nostra unione al inst. for our union with Piedmont and
Piemonte e per la formazione d'un for a formation of the Kingdom of
Regno dell'Alta Italia;
Upper Italy;
Atteso una coerente dimostrazione In view of a consistent demonstra-
popolare e della Guardia civica in tion of the people and of the Civil
massa, accaduta il giorno 22 succes- Guard“ en masse," on the 22nd day
sivo;
of the following month;
Atteso il libero voto expresso dai In view of the free vote of the citi-
cittadini con le loro sottoscrizioni nei zens, expressed by their signatures in
registri aperti, giusta il proclama del the open registers, in accord with the
detto giorno 10, unitamente a quelle said proclamation of the 10th of the
del clero, dei dipartimenti della gius- month jointly with those of the
tizia, dell'istruzione pubblica, della clergy, of the departments of justice,
finanza, della guerra, del lavori pub- of public instruction, of finance, of
blici, della polizia, del Governo prov- war, of public works, of police, of the
inciale amministrativo, della Guardia Provincial Administrative Govern-
civica stessa, della Presidenza delle ment, of the Civic Guard itself, of the
Opere pie, non che dei diversi comuni President of Charitable Works, as
della provincia, cha hanno fatto capo well as the diverse communes of the
a detto Municipio con lo inoltrare i Provinces which have kept up with
rispettivi elenchi;
the said Municipality, in promoting
their respective lists;
Atteso l'indirizzo dei nostri prodi In view of the address of our
volontari di Governolo 15 maggio worthy volunteers of Governolo, on
1848;
the 15th day of May, 1848;
Atteso l'altro indirizzo del circolo In view of the other address of the
pattriotico di Modena 23 maggio Cercolo Patriotico of Modena, of the
stesso;
23rd day of the same month of May;
Risulta una maggioranza assoluta There results an absolute majority
per la detta unione; maggorianza che for the said union; a majority which
è aumentata dalle sottoscrizioni che is increased by the signatures which
si vanno continuando;
are still coming in;
E quindi conclude perchè si proceda
And thus concludes because it is
ad un atto importante la votata unione time to proceed to an important act,
di questi Stati al Regno Sardo, accet- the union by vote of these States with
tando per ora lo Statuto costituzionale the Kingdom of Sardinia, accepting
piemontese da modificarsi sopra più for the present the Constitution of
larghe basi dal Parlamento nazionale. Piedmont, to be made over upon a
more liberal basis by the National
Parliament;
434
DOCUMENTS
Veduta la rappresentanza del Mu- In view of the fact that the Repre-
nicipio di Reggio, il quale notifica a sentatives of the Municipality of Reg-
questo Governo provvisorio, che ese- gio have notified this Provisional
guito lo spoglio legittimo delle firine Government that the result of the
alla soscrizione per l'aggregazione signatures to the petitions, duly count-
della provincia di Reggio al Regno ed clearly shows that an absolute ma-
costituzionale del Piemonte, e risul- jority of the popular vote of the
tante ad evidenza l'assoluta maggio- Province of Reggio is for union with
ranza del voto popolare, intende che the Constitutional Kingdom of Pied-
sia fatta sollecita profferta della pro- mont it demands that the offer of its
pria unione al Regno Subalpino; own union with the Subalpine King-
dom should be proffered at once;
Veduto che per le provincie di In view of the fact that in the
Guastalla e del Frignano hannosi non Provinces of Guastalla and of Frig-
certe prove del voto universale da esse nano there is a no less certain proof
espresso per l'unione al Piemonte, of their universal vote for union with
voto risultante da un numero di so- the Kingdom of Piedmont, the whole
scrizioni che rappresenta un'assoluta vote resulting in a number of signa-
maggioranza;
tures which represent an absolute ma-
jority;
Considerando che al seguito dei Considering that after the separate
separati spogli delle firme, dimostra- computations of
the signatures,
zioni ed altri atti è comprovato l'uni- demonstrations and other acts have
versale desiderio delle provincie degli proved the universal desire of the
Stati gia Estensi alla immediata un- Provinces of the States which were
ione al Regno Sardo;
formerly under the family of Este to
unite in an immediate union with the
Kingdom of Sardinia;
Il Governo Provvisorio, quale or- The Provisional Government, as
gano delle medesime, eseguendo la the representative of the same, carry-
volontà espressa dalle suindicate prov- ing out the expressed will of the above
incie.
mentioned provinces,
PROCLAMA:
PROCLAIMS:
1. Le provincie di Modena, Reggio, 1. The Provinces of Modena, Reg-
Guastalla, Frignano, ecc., ecc., ecc., gio, Guastalla, Frignano, etc., etc.,
sono unite immediamente agli Stati etc., are immediately united to the
Sardi, ed a quelle qualunque provincie States of Sardinia and to whatever
italiane, che in seguito potessero other Italian Provinces may in future
unirsi ad esei Stati, all'intento di cos- be joined to those states, with the ob-
ITALIAN PLEBISCITES OF 1848
435
tituire un Regno costituzionale dall’- ject of establishing a Constitutional
Alta Italia, sotto la dinastia della Kingdom of Upper Italy, under the
Casa di Savoia.
dynasty of the House of Savoy.
2. I deputati prescelti dalle rispet- 2. The Deputies chosen by the re-
tive provincie sono incaricati di pre- spective Provinces are charged to pre-
sentare a Sua Maestà Sarda il pre- sent to His Majesty of Sardinia the
sente atto di unione.
present Act of Union.
3. Per ciò che riguarda gl'interessi
3. As for local interests each prov-
locali, ciascuna provincia nominerà la ince shall nominate its own Commis-
propria Commissione per trattarne sion in order to negotiate separately
parzialmente col Governo Sardo sulla with the Government of Sardinia on
base dei voti spiegati nei proclami 3 the basis of the desires already ex-
maggio del comune di Reggio e 10 pressed in the proclamations of the
maggio del Municipio di Modena, e third of May, by the Commune of
per presentare i documenti tutti com- Reggio, and the tenth of May by the
provanti la suespressa volontà delle Municipality of Modena, and to pre-
singole provincie.
sent the documents, all proving the
above expressed wish of the separate
provinces.
4. Con questo atto di unione non 4. This Act of Union is not intend-
s'intendono pregiudicati i diritti sulle ed to prejudice the rights of the
provincie segregatesi di fatto dallo provinces which have actually with-
Stato già Estense, di cui facevano drawn from the State formerly be-
parte.
longing to the family of Este of which
they once were part.
Dalla residenza del Governo prov- The Residence of the Provisional
visorio, Modena, 29 maggio 1848. Government of Modena, May 29th,
1848.
GIUSEPPE MALMUSI, Presidente; GIUSEPPE MALMUSI, President;
PERETTI, FERRARI, GIOVANNINI, G. PERETTI, FERRARI, GIOVANNINI, G.
MINGHELLI, PIETRO DANERI.
MINGHELLI, PIETRO DANERI.
Segretari: PIANI - L. MIN-
PIANNI —L. MINGHELLI, Secre-
GHELLI.
taries.
436
DOCUMENTS
Formal Act Embodying the Results of the Plebiscite of Reggio. May 30,
1848 1
DAVANTI A DIO ONNIPOTENTE
IN THE PRESENCE OF ALMIGHTY GOD
a
L'anno 1848 dell'Era volgare, indi- The year 1848 of the Christian
zione Romana VI, questo giorno 30 Era, Roman Indiction VI, this 30th
del mese di maggio, e 71 della nostra day of the month of May and the
Libertà.
71st of our Freedom.
Caduta l'Austro-Estense domina- The Austro-Este domination hav-
zione in quel giorno, in cui gli Italiani ing fallen on the day on which the
sorsero vendicar l'indipendenza Italians rose to assert the independ-
della loro Nazione, la Città di Reggio ence of their Nation, the City of Reg-
ritornata negli antichi suoi diritti, gio, having regained its ancient rights,
avocò a sè la sovranità di questa Pro- assumed the sovereignty over this
vincia coll'unito proclama del 22 Province in the united Proclamation
marzo ultimo scorso, professando di of March 22 last, professing its de-
voler appartenere a quell'Italia, che fu sire to belong to that Italy which was
benedetta dalla parola di Pio, ed è blessed by the word of Pius and is
protetta dal brando del Magnanimo protected by the sword of the Mag-
Re Carlo Alberto.
nanimous King Carlo Alberto.
Si resse da sè per alcuni giorni, po- It governed itself for some days,
scia mandò suoi Rappresentanti in then sent its representatives to Mo-
Modena, per formarvi provvisoria- dena, in order to form there provi-
mente un Governo Centrale, duraturo sionally a Central Government, to last
finchè il Popolo avesse liberamente until the people should have chosen
scelta quella forma di Governo stabile, the form of stable government which
che a lui fosse più in grado.
might best suit it.
Non poteva essere dubbia la scelta There could be no doubt about the
quando un Re valoroso, raccogliendo choice when a valorous King, gather-
intorno a sè l'armi italiane, discaccia ing about him the Italian arms, ex-
lo straniero dall'Italia per farne una pelled the foreigner from Italy in
Nazione.
order to make of her a Nation.
Onde ben presto il Municipio, cono- Wherefore very soon the Munic-
scendo per prove indubitate che le ipality, knowing from indubitable evi-
popolazioni di questa Provincia erano dence that the people of this Province
impazienti di attendere la convoca- were too impatient to wait for the
zione di una Assemblea, e persuaso che convocation of an assembly, and be-
la volontà universale si manifestava ing convinced that the universal will
più direttamente e più liberalmente a would be manifested more directly
1 Le Assemblee, vol. 1, p. 489.
ITALIAN PLEBISCITES OF 1848
437
mezzo di separate soscrizioni, aprì con and freely through separate signa-
suo proclama del 3 corrente appositi tures, by its proclamation of the 3d
registri in tutta la Provincia presso le instant,
instant, opened suitable registers
Comunità ed i Parrochi per ricevere i throughout the Province, in the Com-
voti dell'aggregamento di essa al munes and Parishes, in order to re-
Regno costituzionale del Piemonte. ceive the votes on the annexation of
the Province to the Constitutional
Kingdom of Piedmont.
Mentre i registri si coprivano rego-
While the registers were every-
larmente in ogni dove di firme, pub- where being duly filled with signa-
bliche e solenni dimostrazioni del tures, public and solemn demonstra-
Popolo in diversa maniera celebrate tions of the people held in various
nella Città e nei Comuni, come ne ways in the Cities and Communes (as
prestano fede luminosa parecchi Atti clearly attested by several authentic
autentici esistenti presso il nostro Mu- documents existing in our Municipal-
nicipio, e di cui fa cenno l'ufficiale ity and which are mentioned in the
rapporto della Commissione Generale official report of the General Commis-
istituita col citato proclama da inse- sion instituted by the aforesaid proc-
rirsi in estratto, palesavano l'univer- lamation, an extract of which will be
sale desiderio; e si innalzava il Ves- inserted) revealed the universal de-
sillo Italiano collo Scudo di Savoia. sire, and the Italian Standard was
hoisted with the Arms of Savoy.
Chiusi pertanto tutti i registri ri- All the registers having been closed,
messi alla indicata Commissione, e da and transmitted to the aforemen-
quella unitamente al citato rapporto al tioned Commission, and transmitted
nostro Comune, ha questi immediata- by the latter, together with the re-
mente deliberato con partito del 26 port mentioned, to our Commune, the
cadente e con successivo manifesto, latter immediately decided, by resolu-
che a perpetuità di memoria il risulta- tion of the 26th instant and subse-
mento finale resti autenticato con Atto quent manifesto, that the final result
pubblico e solenne.
should be authenticated by a public
and solemn Act, for permanent rec-
ord.
Quindi è che da noi Dottori e Consequently we, Doctors and
Notai Francesco Bagnoli, Francesco Notaries Francesco Bagnoli, Fran-
Prandi ed Eugenio Pieroni, coll'inter- cesco Prandi, and Eugenio Pieroni,
vento delle infrascritte Autorità e
in conjunction with the undersigned
coll'assistenza di tutti i Corpi civili, Authorities and with the assistance of
ecclesiastici e militari a tal uopo invi- all the civil, ecclesiastical, and mili-
tati, non che alla presenza del Popolo tary bodies invited for the purpose, ,
riunito in questo Tempio, si procede as well as in the presence of the Peo-
438
DOCUMENTS
al confronto del rapporto suddetto coi ple assembled in this Temple, proceed
sovraindicati registri, che qui ne ven- to compare the aforesaid report with
gono presentati dal signor Podestà del the above-mentioned registers, which
Comune di Reggio cavaliere commen- are here presented to us by the Magis-
datore Luigi Corbelli Ferrari. E sic- trate of the Commune of Reggio,
come da tale confronto emerge, che Knight Commander Luigi Corbelli.
l'operato della Commissione è regolare Ferrari. And as it appears from this
e veridico in ogni e singola sua parte, comparison that the work of the Com-
rimane irrefragabilmente constatato mission is regularly and truthfully
quanto segue:
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
Ammontare del numero degli abi-
tanti della Provincia Reggiana
come dall' inserto Atto Gov-
ernati
.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
36,814
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
D'onde evidentemente risulta che, Whence it appears obvious that,
detratto il numero delle persone non after subtracting the number of per-
ammesse a dar voto, come le donne, i sons not permitted to vote, such as
minori, gli assenti, gl'infermi, non women, minor children, absentees,
minore certamente di tre quarti, il and sick, which is certainly not less
desiderio per l'unione al Regno Costi- than three-quarters, the desire for
tuzionale Subalpino è stato pressochè union with the Constitutional Sub-
universale ed unanime.
alpine Kingdom was well nigh uni-
versal and unanimous.
I Registri delle soscrizioni vengono The registers of the signatures are
qui alla presenza del Popolo, per or- hereupon, in the presence of the Peo-
dine del Comune, riposti e suggellati ple and by order of the Commune, re-
in una cassa di piombo, che si con- placed and sealed in a leaden box,
segna al signor Natale Romolotti per which is delivered to Mr. Natale
depositarla e custodirla religiosamente Romolotti in order to be deposited
nell'Archivio secreto Municipale. and religiously preserved in the secret
Municipal Archives.
Questo stato di cose fu prima d'ora This state of things has been al-
rappresentato dal Consesso Comuni- ready presented by the Communal As-
tativo al Governo Centrale, che facen- sembly to the Central Government,
dosi organo dei liberi voleri di questa which, acting as the organ of the free
Provincia, ne ha proclamata la subita desires of this Province, proclaimed
ITALIAN PLEBISCITES OF 1848
439
unione al Regno Costituzionale del the immediate union thereof with the
Piemonte con Atto di ieri.
Constitutional Kingdom of Piedmont
by Act of yesterday.
Le predette cose sono state fatte in The aforesaid documents were done
triplo originale e pubblicate in Reggio in triplicate and published at Reggio
nel Tempio della Beata Vergine della in the Temple of the Blessed Virgin
Ghiara coll'intervento delle sotto- of La Ghiara in the presence of the
scritte Autorità, e dei Capi dei Corpi undersigned Authorities and of the
Morali, non che dei Signori Prospero Heads of the Moral Bodies, as well as
del fu Signor Dottore Gaetano Viani, of Messrs. Prospero, son of the de-
Luigi del fu signor Avvocato Giam- ceased Doctor Gaetano Viani; Luigi,
battista Sforza, Molto Reverendo Don son of the deceased Lawyer Giam-
Luigi del quondan Signor Giuseppe battista Sforza; Right Reverend Don
Grasselli; Angelo del fu Signor Avvo Luigi, son of the late Mr. Giuseppe
cato Bartolomeo Manzotti, e Dottor Grasselli; Angelo, son of the deceased
Fisico Antonio del fu signor Filippo Lawyer Bartolomeo Manzotti; and
Gardini, tutti domicialiti in questa Doctor Fisico Antonio, son of the de-
Città, testimoni noti, idonei, ed aventi ceased Mr. Filippo Gardini, all domi-
i requisiti prescritti dalle vigenti leggi. ciled in this city, witnesses who are
(Seguono le firme.) 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 1
Visto il risultamento della votazione In view of the results of the uni-
universale tenutasi negli Stati di Mo- versal vote held in the States of Mo-
dena i di Reggio proclamato dal Gov- dena and Reggio, proclaimed by the
erno centrale provvisorio di Modena, Central Provisional Government of
e presentato a S. M. da una speciale Modena, and presented to His Maj-
deputazione, secondo la quale vota- esty by a special deputation, accord-
zione è general voto di quelle popola- ing to which vote it is the general will
zieni di riunirsi al nostro Stato; of the said people to unite with our
State;
Per assicurare a quelle nuove pro-
In order to assure to these new
vincie il pronto godimento dei diritti Provinces the prompt possession of
politici;
political rights:
1 Le Assemblee, vol. 1, p. 496.
440
DOCUMENTS
ART. 1. Gli Stati di Modena e di ARTICLE 1. The States of Modena
Reggio faranno parte integrante dello and of Reggio shall form an integral
Stato a cominciare dalla data della part of the State, starting from the
presente legge.
date of the present law.
ART. 2. Avranno immediato vi-
Art. 2. The Constitution of the
gore negli Stati medesimi lo Statuto Kingdom and our laws regarding the
fondamentale del Regno e le leggi nos- national militia, political elections
tre sulla Milizia nazionale, sulle Ele- and the public press shall have imme-
zioni politiche, e sulla Stampa.
diate force in the said States.
ART. 3. È data facoltà al Governo Art. 3. In cases of urgent neces-
di provvedere in via d'urgenza con sity the Government is empowered to
semplici decreti reali ad una provvi- provide by simple royal decree for a
soria esecuzione delle operazioni elet- provisional execution of the electoral
torali sulla base dell'analogia colla measures on a basis analogous with
legge elettorale vigente.
the electoral laws at present in force
ART. 4. La linea di dogana esi- ART. 4. The customs boundary
stente tra il Ducato di Parma e quelli existing between the Duchy of Parma
di Reggio e Modena, come pure quella and the Duchy of Reggio and Mo-
tra il Ducato di Guastalla ed il Ducato dena, as also that between the Duchy
di Reggio e Modena verranno abolite. of Guastalla, and the Duchy of Reg.
ART. 5. La tariffa doganale sarda gio and Modena, shall be abolished.
in un colle variazioni alla medesima Art. 5. The customs tariff of
fatte fino alla data del presente verrà Sardinia, with the variations of the
provvisoriamente posta in vigore nei same enacted up to the present time,
Ducati di Guastalla, Reggio e Modena. shall be provisionally enforced in the
Duchies of Guastalla, of Reggio and
of Modena.
THE ITALIAN NATIONAL ASSEMBLIES OF 1859
TUSCANY
Preliminaries of Peace, Signed at Villafranca. July 11, 1859 1
Entre Sa Majesté l'Empereur d'Au- Between His Majesty, the Emperor
triche et Sa Majesté l'Empereur des of Austria, and His Majesty, the Em-
Français il a été convenu ce qui suit: peror of the French, the following
agreement has been concluded:
Les deux Souverains favorisent la The two Sovereigns are in favor of
création d'une Confédération Itali- the creation of an Italian Confedera-
enne. Cette Confédération sera sous tion. This Confederation shall be
la présidence honoraire du Saint Père. under the honorary presidency of the
Pope.
L'Empereur d'Autriche cède à l'Em- The Emperor of Austria cedes to
pereur des Français ses droits sur la the Emperor of the French his rights
Lombardie, à l'exception des forte- over Lombardy, with the exception of
resses de Mantoue et de Peschiera, de the fortresses of Mantua and Pes-
manière que la frontière des posses- chiera, in such a way that the frontier
sions Autrichiennes partirait du rayon of the Austrian possessions shall start
extrême de la forteresse de Peschiera from the extreme of the fortress of
et s'étendrait en ligne droite de long Peschiera and shall extend in a
du Mincio jusqu'à Legrazie, de là à straight line along the Mincio to Le-
Szarzarola et Lugano au Po, d'où les grazie, from there to Szarzarola and
frontières actuelles continueront à Lugano to Po, from which place the
former les limites de l'Autriche. present frontiers shall continue to
form the boundaries of Austria.
L'Empereur des Français remettra The Emperor of the French shall
les territoires cédées au Roi de Sar- deliver the ceded territories to the
daigne.
King of Sardinia.
La Vénétie fera partie de la Con- Venetia shall form a part of the
fédération Italienne, tout en restant Italian Confederation, while remain-
la Couronne de l'Empereur ing under the Crown of the Emperor
d'Autriche.
of Austria.
Le Grand Duc de Toscane et le Duc The Grand Duke of Tuscany and
1 British and Foreign State Papers, vol. 49, p. 93.
sous
442
DOCUMENTS
de Modène rentrent dans leurs Etats the Duke of Modena shall return to
en donnant une amnistie générale. their States, granting a general am-
nesty.
Les deux Empereurs demanderont The two Emperors shall request the
au Saint Père d'introduire dans ses Holy Father to introduce indispensa-
Etats des réformes indispensables.
ble reforms into his States.
Amnistie pleine et entière est ac- A full and complete amnesty is
cordée de part et d'autre aux per- granted by both sides to those persons
sonnes compromises à l'occasion des concerned in the recent events in the
derniers événements dans les terri- territories of the belligerent parties.
toires des partis belligérants.
Fait à Villafranca, le 11 juillet Done at Villafranca, July 11, 1859.
1859.
FRANÇOIS-JOSEPH.
FRANCIS JOSEPH.
Statement by Lord John Russell of the Attitude of the British Government
Regarding the Preliminaries of Villafranca 1
Lord J. Russell to Earl Cowley.
Foreign Office, August 16, 1859.
MY LORD,
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 of 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 1
IL GOVERNO DELLA
TOSCANA
THE GOVERNMENT OF
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
1 Le Assemblee, vol. 5, p. 647. Translation from British Parliamentary Papers, Affairs
of Italy, 1860, vol. 68 [2609], p. 13.
444
DOCUMENTS
alla formazione immediata delle liste Law of the 9th of May, 1848, ought
elettorali;
to be recalled into vigour, with a view
to the immediate drawing up of the
Electoral Lists;
Considerando che tale parere ha
per Considering that the object with
iscopo di provvedere il paese di una which this opinion has been given is
Assemblea di rappresentanti, la quale- that of providing the country with an
possa emettere un voto legittimo sulla Assembly of Representatives which
sorte definitiva della Toscana;
may be competent to pass a legitimate
vote as to the definitive fate of Tus-
cany;
Considerando che le dichiarazioni
Considering that the declarations
fatte da S. M. l'Imperatore Napoleone made by His Majesty the Emperor
III e quelle emesse nel Parlamento Napoleon III, as well as those pro-
inglese dai ministri della Regina, assi- nounced in the English Parliament by
curano che si terrà conto dei voti the Ministers of the Queen, give the
espressi nei modi legittimi dagl'itali- assurance that due weight will be at-
ani;
tached to the desires expressed in a
legitimate form by the Italians;
Considerando che a questo solo Considering that the Government
provvedimento non si arresta il Gov- has not confined itself to the measure
erno, il quale ha invitato e invierà in question alone, but has sent, or will
rappresentanti alle Corti di Europa send, Representatives to the Courts of
per far valere i bisogni e i diritti della Europe, in order to set forth the re-
Toscana;
quirements and advocate the rights of
Tuscany;
Considerando che tutto ciò reste- Considering that even these meas-
rebbe inutile se non fosse religiosa- ures would be without effect unless
mente conservato l'ordine pubblico, public order were religiously pre-
poichè qualunque siasi perturbamento served, as any sort of disturbance
scemerebbe l'importanza del voto da would detract from the authoritative
emettersi, e ci toglierebbe l'assistenza, character of the vote to be pro-
sia per parte del Re Vittorio Eman- nounced, and would deprive us, on the
uele, il quale non mancherà di fare one hand, of the support afforded to
quanto potrà in favor nostro, sia per us by King Victor Emanuel, who will
parte degli altri potentati che non pos-
not fail to do his utmost to assist us;
sono voler disgiungere l'assestamento and, on the other hand, of that of the
dell'Italia dalla pace europea;
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
445
DECRETA:
DECREES:
ART. 1. La legge elettorale del 3 ARTICLE 1. The Electoral Law of
maggio 1848 è applicata per la ele- the 3rd of May, 1848, is to be applied
zione dei rappresentanti della Toscana to the election of the Representatives
che devono emettere il voto sopra la who are to pronounce, by a vote, upon
sorte futura dello Stato.
the future destiny of Tuscany.
Art. 2. I prefetti procederanno ART. 2. The Prefects will at once
immediatamente a ordinare ai gon- give orders to the “Gonfalonieri”
falonieri di formare senza ritardo le (Mayors), to draw up the Electoral
liste elettorali.
Lists without delay.
ART. 3. Un successivo decreto ART. 3. A Decree, to be published
stabilirà tutto ciò che riguarda i ter- hereafter, will regulate everything
mini e le norme per una sollecita for- concerning the conditions and bases
mazione delle liste elettorali.
on which the Electoral Lists are to be
immediately drawn up.
ART. 4. Il ininistri dell'interno è ART. 4. The Minister of the In-
incaricato della esecuzione del presente 'terior is charged with the execution
decreto.
of the present Decree.
Dato li quindici luglio millottocen- Given this 15th day of July, 1859.
to-cinquantanove
Il commissario straordinario Commissioner Extraordinary,
C. BON-COMPAGNI
C. BON-COMPAGNI.
Il ministro dell'interno
Minister of the Interior,
B. RICASOLI
B. RICASOLI.
Vº. Per l'apposizione del sigillo: Countersigned and Sealed :
Il ministro di giustizia e grazia Minister of Justice and Grace,
(L. S.) E. POGGI
(L. S.) E. Poggi.
Second Decree of the Tuscan Government Fixing Further Details of the
Election July 16, 1859 1
IL GOVERNO DELLA TOS-
CANA
THE GOVERNMENT OF
TUSCANY -
Visto il Decreto del 15 Luglio cor- In view of the Decree of the 15th
rente che ordina l'attivazione delle of July instant, which orders that the
Legge del 3 Marzo, 1848: 2
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
DOCUMENTS
Considerando che l'urgenza di con- Considering that the necessity of
vocare l'Assemblea dei Rappresentanti immediately convoking the Assembly
obblighi ad abbreviare i termini asseg- of Representatives renders it indis-
nati dalla Legge del 3 Marzo, 1848, pensable that the term fixed by the
per la formazione delle Liste Eletto- Law of the 3rd of March, 1848, for
rali, ed a fare alcune variazioni e dis- the making out of the Electoral Lists
posizioni volute dalle specialità del should be curtailed, and that some
presente stato delle cose;-
changes and provisions required by
the present peculiar state of affairs
should be made;
DECRETA:
DECREES:
ARTICOLO 1. S'intende attivato, ARTICLE 1. It is to be understood
con la Legge del 3 Marzo, 1848, anco that with the Law of the 3rd of
il Decreto del 26 Aprile dell'anno March, 1848, the Decree of the 26th
stesso.
of April of the same year is likewise
recalled into activity.
ART. 2. Il Gonfaloniere che pre- ART. 2. The" Gonfaloniere” who,
siede il Collegio Elettorale ai termini according to the provisions of Article
dell’Articolo 53 della precitata Legge 53 of the above-named Law of the
del 3 Marzo, esercita il diritto di Elet-
3rd of March, presides over the Elec-
tore nel Collegio stesso.
toral College, will also exercise the
rights of an elector in that College.
Art. 3. Entro otto giorni dal pre- Art. 3. Within eight days from
sente Decreto, i Gonfalonieri avranno (the date of) the present Decree the
formato le Liste Elettorali nei modi “ Gonfalonieri” will
will prepare the
prescritti dell'Articolo 14 all'Articolo Electoral Lists in the manner pre-
20 della Legge predetta.
scribed by Articles 14 to 20 of the
above-mentioned Law.
Art. 4. Il possessore di beni sta- ART. 4. The proprietor of real
bili che potrà esercitare il diritto elet- estate, who exercises his rights as a
torale in un luogo diversa da quello voter in a different locality from that
della sua dimora, dovrà rimettere una in which he resides, must within six
dichiarazione in scritto alla Cancel- days from the publication of this De-
leria della Comunità ove intende dare cree, address a declaration in writing
il suo voto, ed un'altra simile alla
to the Chancery of the Commune in
or education. An income of over 300 lira, later cut in half, or status as a professor,
magistrate, priest, attorney, notary, doctor, surgeon, military official, wholesale 1terchant 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
447
Cancelleria della Comunità ove ha la which he intends to vote, and a simi-
sua dimora, entro sei giorni dal dì lar declaration to the Chancery of the
della pubblicazione del presente De- Commune in which he has his resi-
creto; resta fermo in ogni rimanente dence. In every other respect, the
il disposto del Articolo 12 del Legge provisions of Article 12 of the Elec-
Elettorale.
toral Law remain unaltered.
Art. 5. Le Liste appena compilate
Art. 5. When the lists are made
saranno trasmesse al Prefetto
Prefetto del out, they are to be transmitted within
Compartimento, o al Sotto-Prefetto two days to the Prefect of the De-
del rispettivo Circondario, nel termine partment or to the Sub-Prefect of the
di due giorni, con le osservazioni dei district, accompanied by the observa-
respettivi Gonfalonieri.
tions of the respective Gonfalo-
nieri."
ART. 6. Entro quattro giorni i Art. 6. Within four days the
Préffeti e Sotto-Prefetti procederanno Prefects and Sub-Prefects will make
alla generale revisione delle Liste a a general revision of the lists which
loro trasinesse ai termini del Articolo will have been sent to them, in con-
21 della detta Legge.
formity with the provisions of Article
21 of the said Law.
ART. 7. I Prefetti e Sotto-Pre- ART. 7. This revision being com-
fetti, compita tale revisione in detto pleted within the period fixed, the
termine, manderanno immediatamente Prefects and Sub-Prefects will imme-
le Liste purificate e corrette ai Gon- diately send back the amended and
falonieri perchè esse siano affisse alia corrected lists to the “ Gonfalonieri,"
porta degli Uffizi Comunitativi, a in order that they may be posted on
norma e per gli effetti voluti dagli Ar- the door of the Communal Office, in
ticoli 23 e 24 della Legge Elettorale. accordance with and for the objects
intended by Articles 23 and 24 of the
Electoral Law.
ART. 8. Entro tre giorni dall'af- Art. 8. Within three days from
fissione delle Liste avrà diritto a ricor- the posting up of the lists, any person
rere al Consiglio di Prefettura e di whose name may have been improp-
Sotto-Prefettura chiunque ne fosse erly excluded or inserted incorrectly,
stato escluso indebitamente, o inscritto shall have the right of appealing to
inesattamente; e il Consiglio di Pre- the Council of the Prefecture or Sub-
fettura e di Sotto-Prefettura deciderà Prefecture; and the said Council of
nel termine di tre giorni dalla presen- Prefecture or Sub-Prefecture shall
tazione del ricorso.
pronounce a decision within three
A quest' effetto speciale sarà for- days from the presentation of the ap-
mato in ogni Circondario di Sotto- peal. For this special purpose there
Prefettura un Consiglio composto del shall be created in each Sub-Prefect's
448
DOCUMENTS
Sotto-Prefetto, del Pretore, e del District, a Council composed of the
Delegato del luogo di residenza del Sub-Prefect, the “Pretore," and the
Sotto-Prefetto.
Police Delegate of the town in which
the Sub-Prefect resides.
Art. 9. Le decisioni dei Consigli ART. 9. The decisions
decisions of the
di Prefettura o di Sotto-Prefettura Council of Prefecture or Sub-Pre-
saranno immediatamente affisse alla fecture shall be immediately posted
porta delle Prefettura o Sotto-Prefet- against the door of the Prefect's or
tura; e tale affissione terrà luogo dì Sub-Prefect's office; and this mode of
notificazione.
publication shall take the place of a
personal notification.
ART. 10. I Giudizj del Consiglio ART. 10. The decisions of the
di Prefettura e di Sotto-Prefettura Councils of Prefecture or Sub-Pre-
sono appellabili ai Tribunali di Prima fecture may be appealed against be-
Istanza del luogo ove risiendono i fore the Tribunal of First Instance of
detti Consigli.
the place where the said Councils are
established.
Art. 11. I'appello dovrà esser
ART. 11. The appeal must be
fatto dentro due giorni accompagnato made within two days, and be accom-
dai documenti giustificativi e dovrà panied by documentary proof; and
essere notificato dentro tre giorni tanto notification of the appeal must be
al Prefetto, o Sotto-Prefetto, quanto made within three days to the Pre-
alla parte interessata.
fect as well as to the Sub-Prefect, and
to the party concerned.
ART. 12. La sentenza del Tribu- ART. 12. The decision of the
nale di Prima Istanza terrà luogo di Tribunal of First Instance shall be
biglietto personale per essere ammesso accepted, in place of the personal
alla votazione, secondo l’Articolo 47 ticket, as proof of a right to vote, in
della precitata Legge.
conformity with the provisions of
Article 47 of the above-mentioned
Law.
Art. 13. Due giorni dopo la spi- ART. 13. Two days after the ex-
razione del termine a pronunziare sui piration of the term within which the
ricorsi il Prefetto e Sotto-Prefetto in- appeals are to be decided, the Prefect
vieranno ai respettivi Gonfalonieri la or Sub-Prefect will send to the “ Gon-
nota dei nomi da aggiungersi o correg- faloniere ” a note of the names which
gersi nelle Liste Elettorali: dei quali are to be added or corrected in the
nomi il Gonfaloniere formerà e affig- Electoral Lists. A supplementary
gerà dentro due giorni una Lista sup- list comprising these names will be
plementaria.
made out by the “Gonfaloniere," and
posted up within two days.
ITALIAN NATIONAL ASSEMBLIES OF 1859
449
Art. 14. Gli Articoli della Elet- Art. 14. That portion of the dif-
torale sono abrogati nelle parti in cui ferent Articles of the Electoral Law
siano contrarj al presente Decreto. which may be in contradiction with
the present Decree is hereby abro-
gated.
ART. 15. I Ministri dell'Interno e ART. 15. The Ministers of the In-
della Giustizia e Grazia sono incari- terior, and of Justice and Grace, are
cati della esecuzione del presente De- charged with the execution of the
creto.
present Decree.
Dato in Firenze, il 16 Luglio, 1859. Given at Florence, the 16th of July,
1859.
Il Commissario Straordinario Commissioner Extraordinary,
(Firmato) C. BON-COMPAGNI (Signed) C. BON-COMPAGNI.
Il Ministro dell'Interno
Minister of the Interior,
(Firmato) B. RICASOLI.
(Countersigned) B. RICASOLI.
Visto per l'apposizione del sigillo. Countersigned and Sealed:
Il Ministro di Giustizia e Grazia, Minister of Justice and Grace,
(L. S.) E. POGGI.
(L. S.) E. POGGI.
Dispatches of Lord John Russell to the British Minister at Florence Concern-
ing the Tuscan Assembly 1
Lord J. Russell to Mr. Corbett
Foreign Office, July 19, 1859.
SIR,
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 Tuscany, 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.
(Signed) J. RUSSELL.
Foreign Office, July 28, 1859.
(Extract)
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
DOCUMENTS
Convocation of the Electoral Constituencies. July 29, 1859 1
IL GOVERNO DELLA
TOSCANA
THE GOVERNMENT OF
TUSCANY
DECRETA:
DECREES:
I collegi elettorali sono convocati That the electoral constituencies
per la mattina del dì 7 agosto prossimo shall be convoked for the morning of
per la elezione dei rappresentanti della the 7th of August next, for the elec-
Toscana.
tion of representatives of Tuscany.
Il ministro dell'interno è incaricato The Minister of the Interior is
della esecuzione del presente decreto. charged with the execution of the
present decree.
Dato in ventinove luglio mille otto- Done on the 29th day of July, 1859.
cento cinquantanove.
BON-COMPAGNI. B. RICASOLI.
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
THE ROYAL COMMISSIONER
EXTRAORDINARY IN
TUSCANY
Considerando che l'ordinamento Whereas the present political or-
politico attuale della Toscana si fonda ganization of Tuscany is based on the
sulla volontà popolare e sulla neces- will of the people and on political ex-
sità politica;
igency;
Che il Re Vittorio Emanuele, pro- Whereas King Victor Emanuel,
tettore della Toscana durante la protector of Tuscany during the war,
guerra, sarebbe stato in diritto di con- would have been entitled to retain this
servare questa qualità finchè la pace title until peace had been definitively
non fosse definitivamente stabilita, con concluded, to which he had consented
che avrebbe aderito alle richieste della at the request of the Council of State;
Consulta di Stato;
Che gravi considerazioni di con- Whereas grave considerations of
venienza politica avendolo impedito political expediency having prevented
di aderire a queste richieste diveniva adherence to this request, it became
1 Le Assemblee, vol. 5, p. 650.
2 Ibid., p. 652.
ITALIAN NATIONAL ASSEMBLIES OF 1859
451
non
necessario che Egli provvedesse in necessary for him to take steps so that
modo che al cessare del protettorato Tuscany might not remain without
la Toscana rimanesse senza government upon relinquishment of
Governo;
the protectorate;
Che perciò con lettera del 21 luglio, Whereas, therefore, by letter of
di cui fu trasmessa copia autentica alla July 21, of which an authentic dupli-
Consulta di Stato, il Re Vittorio cate was transmitted to the Council
Emanuele per mezzo del suo ministro of State, King Victor Emanuel
degli affari esteri prescriveva al suo through his Minister of Foreign Af-
Commissario quanto segue: “Ella fairs prescribed the following to his
rassegnerà la Cosa Pubblica in mano Commissioner: "You shall hand over
di una o più persone aventi la fiducia
your powers into the hands of one or
pubblica; cosicchè cessando la pro- more persons enjoying public confi-
tezione del Governo di S. M., le sorti dence, so that with the protection of
del Paese rimangano affidate ai natu- the Government of His Majesty com-
rali suoi difensori”;
ing to an end, the fate of the country
will remain intrusted to its natural de-
fenders”;
Che a cospetto di questa condizione Whereas in view of this state of af-
di cose e del comando del Re, il Com- fairs and of the order of the King,
missario non può a meno di dichiarare the Commissioner can not do less than
a chi debba passare il Governo dello declare to whom the Government of
Stato nell'atto in cui cessano i suoi the State must pass upon his resigning
poteri;
his powers;
Che per rendere la mutazione meno Whereas in order to make the
sensibile, è opportuno che il Governo change more effective, it is expedient
risieda nel Consiglio dei ministri, che that the Government should rest in
ha coadiuvato finora il Regio Com- the Council of Ministers, who have
missario col consiglio e colla coopera- hitherto given aid and counsel to the
zione;
Royal Commissioner;
DECRETA:
DECREES:
ART. 1. I poteri del Regio Com- ARTICLE 1. The powers of the
missario passano nel Consiglio dei Royal Commissioner are hereby as-
ministri, il quale li esercita a nome signed to the Council of Ministers,
del popolo toscano.
who shall exercise them on behalf of
the Tuscan people.
ART. 2. 11 Presidente del Con- ART. 2. The President of the
siglio dei ministri appone la propria Council of Ministers shall affix his
firma nei decreti ed atti del Governo. own signature to the decrees and acts
Nei decreti che concernono al suo di- of the Government. The counter
452
DOCUMENTS
partimento apporrà 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.
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.
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. August 1, 1859
IL REGIO COMMISSARIO
STRAORDINARIO IN
TOSCANA
THE ROYAL COMMISSIONER
EXTRAORDINARY IN
TUSCANY
Visto il decreto di questo medisimo In view of the decree of this same
giorno col quale i poteri del Regio day with which the powers of the
Commissario si trasmettono al Con- Royal Commissioner are transmitted
siglio dei ministri,
to the Council of Ministers,
DECRETA:
DECREES:
Il Barone Bettino Ricasoli, minis- That Baron Bettino Ricasoli, Min-
tro dell'interno, è nominato presidente ister of Internal Affairs, is appointed
del Consiglio dei ministri ritenendo President of the Council of Ministers,
però il portafoglio dell'interno. retaining, nevertheless, the portfolio
of the Interior.
Dato in Firenze questo di primo Florence, this first day of August,
agosto milleottocentocinquantanove 1859.
Il Commissario Straordinario
Cominissioner Extraordinary,
C. BON-COMPAGNI.
C. BON-COMPAGNI.
Il segretario generale
General Secretary,
CELESTINO BIANCHI.
CELESTINO BIANCHI.
ITALIAN NATIONAL ASSEMBLIES OF 1859
453
Decree Fixing Conditions of Eligibility of Deputies. August 2, 1859 1
IL GOVERNO DI TOSCANA
THE GOVERNMENT OF
TUSCANY
3
Visto l'articolo 84 della legge elet-
torale dei 3 marzo 1848;
In view of Article 84 of the elec-
toral law of March 3, 1848;
DECRETA:
DECREES:
ART. 1. Il presidente di ogni col- ARTICLE 1. The president
of
legio ellectorale avvertirà gli elet- every electoral constituency shall no-
tori;
tify the voters :
1º che essi devono eleggere due 1. That they must select two repre-
rappresentanti per l'unico effetto di sentatives for the sole purpose of ex-
esprimere i voti legittimi della popo- pressing the legitimate wishes of the
lazione toscana intorno alle sue sorti Tuscan people as regards their final
definitive;
condition;
2º che essi li possono eleggere tra 2. That they may select them from
tutti quelli che hanno titolo ad essere among all those who are entitled to
elettori dei diversi Collegi del Dis- vote in the several constituencies of
tretto elettorale;
the electoral district;
3° che essi li devono eleggere tra 3. That they must select them
gli elettori che hanno l'età di 30 anni from among voters who have reached
compiuti.
the age of thirty
.
Art. 2. Un esemplare del pre- Art. 2. A copy of this decree
sente Decreto rimarrà affisso nel locale shall remain posted at the voting
delle adunanze elettorali per tutto il places throughout the duration of the
tempo delle elezioni.
elections.
ART. 3. Il ministro dell'interno è Art. 3. The Minister of the In-
incaricato dell'esecuzione del presente terior is charged with the execution
decreto.
of this decree.
Dato il 2 agosto 1859.
Dated, August 2, 1859.
Il presidente del Consiglio dei mi- The President of the Council of
nistri e Ministro dell'interno
Ministers and Minister of the Interior,
B. RICASOLI.
B. RICASOLI.
Il ministro della pubblica istruzione The Minister of Public Instruction,
C. RIDOLFI.
C. RIDOLFI.
1 Le Assemblee, vol. 5, p. 653.
454
DOCUMENTS
Proclamation of the Ministry Concerning the Approaching Elections.
August 4, 1859 1
TOSCANI!
TUSCANS!
Le imminenti elezioni chiamano i The impending elections call Tus-
toscani all'esercizio della più alta pre- cans to exercise the highest preroga-
rogativa che abbia un cittadino in tive that belongs to a citizen in a
paese libero; lo statuire sui destini
free country: that of deciding the
della patria. Il Governo ebbe con- future of the motherland. The Gov-
forti autorevoli per aprire alla Tos- ernment had due justification in open-
cana questa via di salute; e se l’Eu- ing to Tuscany this way to salvation;
ropa non vuol macchiare la pace con and if Europe does not want to sully
opere di violenza, e perpetuare in peace with acts of violence and to per-
Italia le cause delle rivoluzioni, pos- petuate in Italy the cause of revolu-
siamo augurarci che sarà dato ascolto tions, we may augur that our votes
ai nostri voti.
will be heeded.
Alle accuse maligne di anarchia e To malicious accusations of an-
di violenza di parti, rispondano archy and violence of parties, the
dunque i toscani con una elezione or- Tuscans will therefore reply by an
dinata e tranquilla, e con un fermo orderly and peaceful election and by
e concorde volere: e sarà questa una a firm and unanimous will, and that
vittoria civile, la quale avrà merito election will be a civil victory that will
al pari di quelle riportate sui campi equal in merit those won on the bat-
đi battaglia. Non siano indarno gli tlefield. Let the examples of our bet-
esempi dei nostri maggiori, che sep- ters, who have known how to defend
pero col senno, colla parola, col san- with energy the independence and
gue fortissimamente propugnare la freedom of the motherland with their
indipendenza e la libertà della patria. knowledge, speech, and blood, not be
Il Governo riposa sicuro sul senno dei in vain. The Government has faith
toscani; e confida che le prossime in the judgment of the Tuscans and
elezioni porgeranno a Napoleone Im- is confident that the forthcoming elec-
peratore un valido argomento per tions will offer to the Emperor Na-
adempiere i suoi benevoli intendi- poleon a valid argument to fulfill his
menti verso l'Italia.
benevolent intentions toward Italy.
L'Europa desidera la pace; ma pace Europe desires peace; but Europe
non avrà l'Europa se i leggittimi voti will not have peace if the legitimate
ordinatamente espressi dagl'italiani wishes regularly expressed by the
non saranno rispettati, nè vorrà l'Eu- Italians are not respected, nor will
1 Le Assemblee, vol. 5, p. 655.
ITALIAN NATIONAL ASSEMBLIES OF 1859
455
ropa che questa sua elettissima parte, Europe wish that this most valuable
anzichè strumento possente della feli- portion of it, instead of being a pow-
cità universale, sia minaccia continua erful instrument of universal happi-
e perpetuo pericolo.
ness, should be a continual menace and
a perpetual danger.
Firenze, li 4 agosto 1859.
Florence, August 4, 1859.
Il presidente del Consiglio dei The President of the Council of
ministri ministro dell'interno
Ministers, Minister of the Interior,
B. RICASOLI.
B. RICASOLI.
Il ministro della pubblica instru- The Minister of Public Instruction,
sione ministro interino degli affari Minister of Foreign Affairs ad in-
esteri
terim,
C. RIDOLFI.
C. RIDOLFI.
Il ministro di giustizia e grazia The Minister of Justice and Grace,
E. POGGI.
E. POGGI.
Il ministro delle finanze, del com- The Minister of Finance, Com-
mercio e dei lavori pubblici
merce and Public Works,
R. BUSACCA.
R. BUSACCA.
Il ministro degli affari ecclesiastici The Minister of Ecclesiastical Af-
fairs,
V. SALVAGNOLI.
V. SALVAGNOLI.
Il ministro reggente della guerra The Acting Minister of War,
P. A. DE CAVERO.
P. A. DE CAVERO.
Il segretario generale del governo The Secretary General of the Tus-
della Toscana
can Government,
CELESTINO BIANCHI.
CELESTINO BIANCHI.
Decree of Convocation of the Assembly. August 7, 1859 1
IL GOVERNO DELLA
TOSCANA
THE GOVERNMENT OF
TUSCANY
DECRETA:
DECREES:
ART. 1. L'Assemblea dei rappre- ARTICLE 1. The Assembly of
sentanti è convocata in Firenze per il Representatives shall meet in Florence
giorno undici del corrente mese. on the 11th day of the current month.
Art. 2. Questa Assemblea ha per Art. 2. The purpose of this As-
oggetto di esprimere i voti leggitimi sembly is to express the legitimate
1 Le Assemblee, vol. 5, p. 656.
456
DOCUMENTS
della popolazione toscana intorno alle wishes of the Tuscan people as re-
sue sorti definitive.
gards their final destiny.
Art. 3. Il ministro dell'interno è ART. 3. The Minister of the In-
incaricato della esecuzione del presente terior is charged with the execution
decreto.
of this decree.
Dato in Firenze li sette agosto Done at Florence, August seventh,
milleottocentocinquantanove.
cighteen hundred and fifty-nine.
Il presidente del consiglio dei minis- The President of the Council of
tri e ministro dell'interno
Ministers and Minister of the Interior,
B. RICASOLI.
B. RICASOLI.
Il ministro della pubblica istruzione The Minister of Public Instruction,
C. RIDOLFI.
C. RIDOLFI.
Dispatch from Lord John Russell to the British Minister at Turin 1
Lord J. Russell to Sir J. Hudson
Foreign Office, August 10, 1859.
SIR,
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 2
Mr. Corbett to Lord J. Russell
Florence, August 10, 1859.
My LORD,
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.
1
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 whom 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) Edwin CORBETT.
Vote of the National Assembly of Tuscany Dethroning the House of Austro-
Lorraine. August 16, 1859 1
Considerando che gli avvenimenti Considering that the events which
di più anni, e i fatti maturati in have been prepared for several years,
questi ultimi mesi hanno dimostrato and matured for many months, have
ad evidenza quanto sia fortemente ed plainly demonstrated how deeply-
evidentemente radicato nei toscani il rooted is the sentiment and love of
sentimento della nazionalità italiana, Italian nationality, and the intention
ed il proposito di costituirla, e di as- of establishing and maintaining it in
sicurarla;
the Tuscan people;
Considerando che questi sentimenti Considering that these sentiments
€ questi propositi dimostrati per and intentions have been manifested
tanti modi e particolarmente coll- with extraordinary concurrence and
accorrere dei volontari alla guerra admirable unanimity in the election
dell'indipendenza, si sono manifestati 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. Translation from British Parliamentary Papers, Affairs of
Italy, 1860, vol. 68 [2609], p. 60.
458
DOCUMENTS
con straordinario concorso e con mira- ever named in conformity with this
bile unanimità anche nella elezione dei principle;
deputati all'Assemblea, chiamati do-
vunque in conformità di questo prin-
cipio;
Considerando che tuttociò è stato Considering that all this has been
fatto, e si mantiene senza la minima done and is maintained without the
turbazione dell'ordine pubblico, e che slightest disturbance of public order,
la ferma volontà di conservarlo è nell’- and that the predominant idea, even
animo di tutti;
in the lowest classes of society, is that
of maintaining it;
Considerando che la Casa austro- Considering that the Austrian
lorenese imposta già dalla forza, House of Lorraine, which was for-
benchè poi stata un tempo benemerita merly held in estimation in Tuscany,
per le riforme operate da alcuno dei has voluntarily broken the bond
suoi principi, abbia volontariamente which united it to this country, and
spezzati i vincoli che la legavano alla has, since the restoration of April
Toscana e dopo la restaurazione del 12, 1849, by its acts and declara-
12 aprile 1849 sottoposto il paese all’- tions, induced the persuasion in men's
onta e al danno della occupazione minds that, even should it profess to
straniera, abbia con suoi atti e colle reestablish the Constitution which
sue dichiarazioni indotto negli animi it abolished, and to accept the Ital-
la certezza, che dove anche pro- ian tricolor flag, which it has hitherto
fessasse ella di ristabilire lo Statuto openly repelled, it could neither, from
fondamentale che abolì e di accettare its inability to unite its destinies to
la bandiera tricolore italiana che aper- the national cause, procure the confi-
tamente osteggiò, ella non potendo dence of the Tuscans, nor obtain that
mai legare le sue sorti alla causa na- moral authority which is the neces-
zionale non può nemmeno procurarsi sary foundation of every Govern-
la fiducia dei toscani, nè ottenere ment;
quella morale autorità che è fonda-
mento necessario di ogni Governo.
L'ASSEMBLEA
THE ASSEMBLY
Dichiara che la Dinastia austro- Declares that the Dynasty of Lor-
lorenese, la quale nel 27 aprile 1859 raine, which on the 27th of April,
abbandonava la Toscana senza ivi las- 1859, voluntarily abandoned Tuscany,
ciare forma di Governo, e riparava without leaving any form of gov-
nel campo nemico, si è resa assoluta- ernment in the country, and re-
mente incompatibile con l'ordine e la paired to the enemy's camp, has
ITALIAN NATIONAL ASSEMBLIES OF 1859
459
felicità della Toscana.— Dichiara che thereby rendered itself totally incom-
non vi è modo alcuno per cui tale Di- patible with the order and happiness
nastia possa ristabilirsi e conservarsi of Tuscany; declares further, that it
senza oltraggio alla dignità del Paese, knows no mode whereby such Dynas-
senza offesa ai sentimenti delle popo- ty can be reestablished and main-
lazioni, senza costante e inevitabile tained without offence to the senti-
pericolo di vedere turbata incessante- ments of the people, without constant
mente la pace pubblica, e senza danno and inevitable danger of seeing the
d'Italia.— Dichiara conseguentemente public peace continually disturbed,
non potersi nè richiamare, nè ricevere and without injury to Italy. The As-
la Dinastia austro-lorenese a regnare sembly, therefore, finally declares that
di nuovo sulla Toscana.
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 1
Coerentemente alle considerazioni e In accordance with the considera-
dichiarazioni espressi nella risolu- tions and declarations expressed in
zione dell'Assemblea del dì 16 agosto the resolution of the Assembly of the
corrente, intorno alla dinastia austro- 16th August instant, with respect to
lorenese, dovendo l'Assemblea me- the Austrian Dynasty of Lorraine, the
desima provvedere alle sorti future Assembly, having to provide for the
del paese secondo i bisogni della na- future destiny of the country accord-
zionalità italiana, dichiara esser fermo ing to the necessities of Italian na-
voto della Toscana di far parte di un tionality, declares that it is the firm
forte Regno costituzionale sotto lo desire of the Tuscans to form part of
scettro del Re Vittorio Emanuele. a strong constitutional Kingdom, un-
der the sceptre of King Victor
Emanuel.
Confida che il prode e leale Re, il It trusts that the faithful and loyal
quale tanto operò per l'Italia, e pro- King who has done so much for Italy
tesse con particolare benevolenza il and protected our country with pe-
nostro paese, accoglierà questo voto. culiar favor, will favorably receive
this desire.
Raccomanda la causa della Toscana It recommends the cause of Tus-
alla generosa protezione e all'alto
cany to the generous protection and
1 Le Assemblee, vol. 5, p. 698. This vote was by secret ballot, and unanimous, with two
abstentions. Translation from British Parliamentary Papers, Affairs of Italy, 1860, vol.
68 [2609], p. 84.
460
DOCUMENTS
senno dell'imperatore Napoleone III, high wisdom of the Emperor Na-
magnanimo defensore dell'italiana in- poleon III, the magnanimous defend-
dipendenza.
er of Italian independence.
Ripone speranza nella manifesta It reposes confidence in the declared
simpatia dell'Inghilterra, e nella sa- sympathy of England, and in the wise
piente giustizia della Russia e della justice of Russia and Prussia.
Prussia.
Commette al Governo di procurare It leaves it to the Government to
l'adempimento di questo voto nei ne- procure the fulfillment of this desire
goziati che avranno luogo per l'ordi- in the negotiations which will take
namento delle cose italiane, e di re- place for the settlement of the affairs
ferire a suo tempo all'Assemblea. 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. September 3, 1859 1
Oggi, 3 settembre a ore 4 pom. S. To-day, at 4 o'clock P. M., His
M. il Re Vittorio Emanuele II, cir- Majesty King Victor Emanuel II, sur-
condato dal Ministro e dagli Ufficiali rounded by the Ministry and Officers
della R. Casa, ha ricevuto ufficialmente of the Royal Household, officially re-
a Torino i delegati dell'Assemblea ceived at Turin the Delegates of the
Toscana, i quali gli hanno presentato Tuscan Assembly, who presented to
il seguente indirizzo, con che il Go- him the following Address, with
verno Toscano accompagnava i voti which the Tuscan Government accom-
dell Assemblea:
panied the votes of the Assembly:
i
ALLA MAESTÀ DI VITTORIO
EMANUELE II
TO HIS MAJESTY VICTOR
EMANUEL
RE DI SARDEGNA
KING OF SARDINIA
Your Majesty',
Un voto unanime dell'Assemblea A unanimous vote of the National
nazionale, interprete fidele dei senti- Assembly, the faithful interpreter of
menti di tutto un popolo, ha solenne- the sentiments of a whole people, has
mente dichiarato esser volontà della solemnly declared it to be the will of
Toscana di far parte di un Regno Tuscany to form part of an Italian
Maestà!
ile Assemblee, vol. 5, p. 710. Translation from British Parlianientary Papers, Affairs of
Italy, 1860, vol. 68 [2609], p. 100.
ITALIAN NATIONAL ASSEMBLIES OF 1859
461
Italiano sotto lo scettro costituzionale Kingdom under the Constitutional
della Maestà Vostra.
sceptre of your Majesty.
Il Governo della Toscana, cui è The Government of Tuscany,
stato commesso d'implorare dalla which has been charged with the of-
benevolenza di V. M. la favorevole fice of imploring from the benevolence
accoglienza di questo voto, ha accet- of your Majesty the favourable recep-
tato l'altissimo ufficio con quella gioia tion of this wish, has accepted the
che dà l'adempimento di un gran do high office with that joy which accom-
vere, quand'esso è in pari tempo la panies the discharge of a great duty,
soddisfazione di un lungo e ardentis- when it at the same time satisfies a
simo desiderio.
long-felt and most ardent desire.
Maestà! Se questo omaggio di Sire! if this homage of fidelity
fiducia e di devozione del popolo tos- and devotion of the Tuscan people
cano non avesse altro scopo, nè do- had no object, and would have no
vesse avere altro effetto che quello di other effect, than that of procuring
procurare alla M. V. un ingrandi- for your Majesty an extension of ter-
mento di Stato, noi potremmo dubi- ritory, we might well doubt of the
tare del successo delle nostre preg- success of our petition; but since the
hiere; ma poichè il voto dell'Assem- vote of the Tuscan Assembly is in-
blea toscana è ispirato dall'amore spired by the love of Italian national-
dell'italiana nazionalità, ed ha in mira ity, and has in view the greatness and
la grandezza e la prosperità della pa- prosperity of the common country, we
tria comune, ci conforta la speranza feel comforted by the hope that the
che il pensiero d'Italia prevarrà nel thought of Italy will prevail in your
generoso animo Vostro sopra ogni generous mind above every other con-
altro pensiero, e che la M. V. si deg- sideration, and that your majesty will .
nerà far lieta la Toscana della Sua deign to render Tuscany happy by
Augusta adesione ai voti che con tanta your august acceptance of the votes
effusione di riconoscenza e di fede i which her legitimate Representatives
leggittimi rappresentanti di Lei hanno have expressed in the sight of the
espresso al cospetto del mondo. world with so great an effusion of
gratitude and fidelity.
Firenze, 31 agosto 1859.
Florence, August 31, 1859 .
RICASOLI RIDOLFI POGGI
RICASOLI, RIDOLFI, POGGI, SAL-
SALVAGNOLI BUSACCA DE CA- VAGNOLI, BUSACCA, DE CAVERO, CE-
VERO — C. BIANCHI, segretario. LESTINO BIANCHI, Secretary-General
of the Government of Tuscany.
462
DOCUMENTS
Reply of the King
Io sono profondamente grato al I am profoundly grateful for the
voto dell'Assemblea della Toscana, di vote of the Assembly of Tuscany, of
cui voi siete gl'interpreti verso di me. which you are the interpreters to me.
Ve ne ringrazio e meco ve ne ringra- I thank you, and my people equally
ziano miei popoli. Accolgo questo voto with me, thank you for it. I accept
come una manifestazione solenne della this vote as a solemn manifestation of
volontà del popolo toscano che, nel the will of the Tuscan people, who,
far cessare in quella terra, già madre in putting an end to the last remnants
della civiltà moderna, gli ultimi ves- of foreign rule in that land which is
tigi della signoria straniera, desidera already the mother of modern civil-
di contribuire alla costituzione di un ization, are desirous of contributing
forte reame che ponga l'Italia in grado to the constitution of a strong king-
di bastare alla difesa della propria in- dom which may place Italy in a con-
dipendenza.
dition to be sufficient for the defence
of her own independence.
L'Assemblea toscana ha però com- The Tuscan Assembly has, how-
preso, e con essa comprenderà l'Italia ever, understood, and all Italy will un-
tutta, che l'adempimento di questo derstand with it, that the accomplish-
voto non potrà effettuarsi che col ment of this vote can not be effected
mezzo dei negoziati che avranno luogo otherwise than by means of the nego-
per l'ordinamento delle cose italiane. tiations which will take place for the
settlement of Italian affairs.
Secondando il vostro desiderio av- In seconding your desire, strength-
valorato dai diritti che mi sono con- ened by the rights which have been
feriti dal vostro voto, propugnerò la conferred on me by your vote, I will
causa della Toscana innanzi a quelle advocate the cause of Tuscany with
potenze in cui l'Assemblea con grande those Powers in whom the Assembly,
senno ripose le sue speranze, e sopra- with great wisdom, reposes its hopes,
tutto presso il generoso Imperatore and especially with the generous Em-
dei francesi che tanto operò par la peror of the French, who has done so
Nazione italiana.
much for the Italian nation.
L’Europa non ricuserà, io spero, di Europe will not, I trust, refuse to
esercitare verso la Toscana quell'opera exercise towards Tuscany that work
riparatrice che in circostanze meno fa- of restoration which she has already
vorevoli già esercitò in prò della Gre- exercised, under less favorable cir-
cia, del Belgio e dei Principati Moldo- cumstances, in behalf of Greece, Bel-
Valacchi.
gium, and the Principalities of Mol-
davia and Wallachia.
Mirabile esempio di temperanza e Your noble country has given.
ITALIAN NATIONAL ASSEMBLIES OF 1859
463
di concordia ha dato, o signori, in gentlemen, in these last days, an ad-
questi ultimi tempi il vostro nobile mirable example of temperance and
paese.
unanimity.
A queste virtù che la scuola della To these virtues, which Italy has
sventura ha insegnato all'Italia, voi learned from the school of adversity,
aggiungerete, son certo, quella che you will add, I am assured, that which
vince le più ardue prove ed assicura overcomes the most arduous trials,
il trionfo delle giuste imprese, la per- and secures the triumph of just enter-
severanza. .
prises — perseverance. .
The Provisional Government Announces that It Will Exercise Authority in
the Name of Victor Emanuel. September 29, 1859 1
TOSCANI!
TUSCANS!
L'Assemblea de'vostri Rappresen- The Assembly of your lawful rep-
tanti legittimi deliberava esser fermo resentatives has decided that it was
volere della Toscana di far parte d'un the firm will of Tuscany to form part
forte Regno costituzionale sotto lo of a strong constitutional kingdom
scettro del RE VITTORIO EMANUELE under the scepter of KING VITTORIO
di Casa Savoia. Le Assemblee di EMANUELE of the house of Savoy.
Modena, di Parma e delle Romagne The Assemblies of Modena, Parma,
emanarono unanimemente conformi and Romagna. have unanimously ex-
deliberazioni. Questi voti solenni pressed similar resolutions. These
sono stati esauditi. La Maestà del solemn wishes have been granted.
Re Elletto accolse il libero atto di sud- His Majesty the King elect acknowl-
ditanza del popolo toscano, modenese, edges the free act of submission of
parmense e romagnolo; e dichiarò che
the peoples of Tuscany, Modena,
primo atto della sua sovranità sarebbe Parma, and Romagna, and declares
il far valere i diritti che quei popoli that the first act of his sovereignty
gli avevano dato.
shall be to assert the rights that these
peoples have given him.
Ma finchè il Re Eletto non prenda But so long as the King elect will
a regger personalmente i toscani, se il not personally govern the Tuscans, if
Governo presente deve reggerli per la the present Government is to goverii
Maestà Sua, deve anche gloriarsi e on behalf of His Majesty, it must
fortificarsi nel suo Nome Augusto. also strengthen and fortify itself by
Così l'assetto nuovo della nazione his august name.
Thus the new
1 Le Assemblee, vol. 5, p. 713.
464
DOCUMENTS
italiana procederà con sicurezza e gli order of the Italian nation will pro-
ostacoli tutti un dopo l'altro cadranno, ceed safely, and all obstacles will be
e l'Europa dovrà la sua quiete e il suo overcome one after the other, and
vero equilibrio alla concordia e alla Europe will owe its tranquillity and
fermezza degl'italiani.
its very equilibrium to the harmony
and stability of the Italians.
Toscani, il vostro Governo pro-
Tuscans! Your Government pro-
clama che d'ora in poi eserciterà il suo claims that henceforth it shall exer-
potere in nome di S. M. VITTORIO cise its power on behalf of His Maj-
EMANUELE DI SAVOIA, RE ELETTO. esty VICTOR EMANUEL OF Savoy,
KING ELECT.
Dato in Firense, il dì ventinove set- Done at Florence, the twenty-ninth
tembre milleottocentocinquantanove. of September, eighteen hundred and
fifty-nine.
B. RICASOLI C. RIDOLFI E. B. RICASOLI — C. RIDOLFI - E.
POGGI — R. BUSACCA — V. SALVAG- POGGI — R. BUSACCA — V. SALVAG-
NOLI — P. DE CAVERO — CELESTINO NOLI — P. DE CAVERO — CELESTINO
BIANCHI, segretario.
BIANCHI, Secretary.
MODENA
Electoral Law for a National Assembly of the Province of Modena. July 29,
1859 1
GOVERNO NAZIONALE DELLE
PROVINCIE MODENESI
THE NATIONAL GOVERN-
MENT OF THE PROV-
INCE OF MODENA
IL DITTATORE 2
THE DICTATOR
Considerando che le popolazioni Considering that the people of
modenesi hanno diritto e dovere d'es- Modena have the right and the duty to
primere i loro voti sulle proprie sorti; express their wish as to their own
destiny;
Considerando che a questa sola con- Considering that by this method
dizione esse potranno trovare uno sta- only can be formed a stable order and
bile ordinamento e concorrere colle association with the other Italian
altre Provincie Italiane alla grandezza Provinces in the greatness and the
ed alla prosperità dell'intiera nazione; prosperity of the entire nation;
1 Le 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
465
an
Considerando che un'Assemblea Considering that Assembly
nominata dai Comizi popolari sarà la elected by the popular assemblies will
legittima rappresentante di quel prin- be the legitimate representative of
cipio della volontà nazionale in cui si that principle of national will on
fondano i più prosperi e civili Go- which are founded the most prosper-
verni d'Europa;
ous and civilized Governments of
Europe;
DECRETA:
DECREES:
Requisiti per essere elettore
Electoral Qualifications
ART. 1. Per esercitare i diritti di ART. 1. To exercise the rights
elettore politico sono necessarie le con- of political electors the following
dizioni seguenti:
qualifications are necessary :
1° essere nato o naturalizzato nelle 1. To be born or naturalized in the
Provincie modenesi;
Province of Modena;
2° essere giunto alla età di 21 anni 2. To have completed the 21st.
compiuti il giorno della iscrizione nelle
year, before the day of inscription on
liste elettorali;
the electoral lists;
3º sapere leggere e scrivere.
3. To know how to read and write.
Art. 2. Non possono esercitare i ART. 2. None may exercise the
diritti di elettore politico coloro che rights of political electors who have
furono condannati a pene criminali; been condemned to criminal punish-
coloro che sono in istato di falliinento ment; nor those who are in a state of
dichiarato o di interdizione giudizia- declared bankruptcy or of judicial in-
ria; coloro che hanno fatta cessione terdiction; nor those who have given
dei loro beni, sinchè non abbiano sod- away their possessions, if they have
disfatti integralmente i loro creditori; not completely satisfied their credit-
coloro che furono condannati per ors; nor those who have been con-
furto, truffa ed attentato ai costumi. demned for theft, fraud and crimes
against morality.
L'esclusione dai diritti elettorali Exclusion from electoral rights be-
per causa di pene criminali non è ap- cause of criminal punishment is not
plicabile a coloro che furono condan- applicable to those who have been
nati per delitti politici. .
condemned for political crimes.
ART. 3. Parimenti non possono ART. 3. In like manner no citizen
esercitare i diritti di elettore politico may exercise political electoral rights
quei cittadini i quali fanno parte di who is a member of a cloistered or
congregazioni claustrali o monastiche monastic order in which a solemn
nelle quali si emette voto solenne di oath of obedience is taken.
obbedienza.
:
466
DOCUMENTS
Art. 4. Ognuno esercita i diritti ART. 4. Electoral rights shall be
elettorali nel luogo del suo ultimo exercised in the place of permanent
domicilio all'epoca della formazione domicile at the time of compilation of
delle liste.
the lists.
Formazione delle liste
Compilation of the Lists
ART. 5. I Podestà colle Commis- Art. 5. The Podestà, with the
sioni comunali inviteranno immediata- Communal Commissions, shall invite
mente con apposito manifesto tutti immediately and in suitable manner
coloro che sono chiamati all'esercizio all those called to exercise electoral
dei diritti elettorali a presentarsi al rights, to present themselves at the
Comune per fare la dichiarazione, che town hall to make declaration in their
dovrà essere la loro scritta e sotto-
own writing and under their signa-
ture
scritta,
;
1° della loro età;
2º del luogo di nascita e domicilio;
3º della professione, arte o mes-
tiere che esercitano.
1. of their age;
2. of their place of birth;
3. of their profession, science or
trade.
Non sarà più ricevuta alcuna di- No declaration shall be received
chiarazione dopo il giorno 5 del p. v. later than the afternoon of August
mese di agosto.
5th.
ART. 6. Appena pubblicato il man- ART. 6. As soon as the above
ifesto di cui sopra, le Commissioni notification is published, the Com-
comunali si riuniranno per esaminare munal Commission shall meet to ex-
le dichiarazioni e per intraprendere amine the declarations and to under-
immediatamente la formazione in dop- take immediately the compilation in
pio originale delle liste degli elettori. duplicate of the lists of the electors.
Le Commissioni comunali coinpren-
The Communal Commission shall
deranno nelle liste anche coloro che also include in the list those who have
non avranno fatta alcuna dichiara- made no declaration, in case it is a
zione, quando sia notorio che essi matter of common knowledge that
hanno i requisiti voluti per essere elet- they possess the qualifications re-
tori.
quired for electors.
ART. 7. La formazione delle liste ART. 7. The compilation of the
deve essere terminata il giorno 9 del list should be terminated on August 9.
prossimo agosto.
Art. 9. Uno degli originali delle
ART. 9. A copy of the original
ITALIAN NATIONAL ASSEMBLIES OF 1859
467
liste così formate sarà affisso all'albo list thus compiled shall be affixed to
pretorio della Comunità per ventiquat- the pretorian register of the Com-
tro ore, urante le quali chiunque avrà munity for twenty-four hours, during
reclami a proporre potrà presentarli which any one wishing to make an
alle Cominissioni comunali.
appeal may present it to the Com-
munal Commission.
Art. 10. In caso di richiami, le ART. 10. In case of appeal the
Commissioni comunali si aggiunge- Communal Commission, to which
ranno tre probi cittadini, unitamente three reputable citizens have been
ai quali decideranno a maggioranza added, shall together decide the ques-
di voti sui richiami stessi.
tion by majority vote.
Art. 11. Le liste per tal modo Art. 11. The list thus compiled
formate e rivedute passeranno in cosa and revised shall be final for the first
giudicata per la prima elezione nè election, nor shall it be subjected to
potrà più farvisi alcuna variazione. further alteration.
ART. 12. A cura dei Podestà una ART. 12. The Podestà shall send
copia di queste liste sarà mandata agli a copy of this list to the General In-
Intendenti generali ed Intendenti delle tendents and the Intendents of the re-
rispettive provincie.
spective Provinces.
ART. 13. Gli elettori riceveranno ART. 13. The electors shall re-
dai Podestà prima del giorno fissato ceive from the Podestà before the day
per la riunione dei collegi elettorali un fixed for the meeting of the electoral
certificato comprovante la loro iscri- college, a certificate attesting to their
zione sulle liste elettorali.
inscription on the electoral list.
Dei Collegi elettorali
Electoral Districts
Art. 14. Le elezioni si faranno Art. 14. Deputies shall be chosen
nella proporzione di un deputato per in the proportion of one deputy for
ogni 8,000 abitanti.
each 8,000 inhabitants.
Art. 15. I collegi elettorali sono ART. 15. The electoral districts
distribuiti secondo la tabella annessa are distributed according to the table
alla presente legge e che fa parte di annexed to the present law and shall
form part of the same.
Art. 16. Ogni collegio elettorale ART. 16. Each electoral district
elegge un solo deputato.
shall elect one deputy only.
Nei comuni in cui per la cifra della In the communes which, because of
popolazione, a termini del precedente the size of the population, should, ac-
articolo, si deve eleggere più di un cording to the preceding article, elect
deputato, vi sarà un collegio per ogni more than one deputy, there shall be a
deputato da eleggere.
district for each deputy to be elected.
essa.
468
DOCUMENTS
In tal caso le Commissioni comu- In such a case the Communal Com-
nali dovranno stabilire a quale colle- mission shall determine to which dis-
gio appartengono gli elettori.
trict the electors shall belong.
Art. 17. I collegi elettorali sono ART. 17. The electoral districts
convocati dal Capo del Governo. shall be convoked by the Head of the
Government.
ART. 18. Gli elettori non possono ART. 18. The electors can not be
farsi rappresentare.
represented by substitutes.
Art. 19. Gli elettori si riuniscono ART. 19. The electors shall as-
al capoluogo del collegio elettorale ove semble at the headquarters of the
sono convocati a votare, uniti o divisi electoral district where they are sum-
in sezioni, secondo le circostanze, dalle moned by the Communal Commission
Commissioni comunali.
to vote, together or divided into sec-
tions, according to circumstances.
Art. 20. Le Commissioni comu- Art. 20. The Communal Com-
nali potranno dividere il collegio in mission may divide the district into
sezioni e provvedere alla formazione sections and provide for the forma-
e composizione di queste sezioni tion and composition of each section
quando il numero degli elettori ecceda when the number of electors exceeds
quello di mille.
one thousand.
In tal caso ciascheduna sezione non In such case no section shall contain
potrà comprendere meno di 500 elet- less than 500 electors or more than
tori nè più di 750.
750.
Ciascuna sezione concorre diretta- Each section shall at once proceed
mente alla nomina del deputato che il to the election of the deputy whom the
collegio ha da eleggere.
district has to elect.
ART. 23. Il collegio o la sezione ART. 23. The district or the sec-
elegge a semplice maggioranza di voti tion shall elect the permanent Presi-
il Presidente e gli scrutatori definitivi, dent and tellers by simple majority
e l'Uffizio così composto nomina puro vote, and the Bureau thus composed
il segretario definitivo non avente an- shall name the permanent secretary
cor esso se non voce consultiva. who shall have only an advisory func-
tion.
ART. 25. Il Presidente del collegio ART. 25. The President of the
o della sezione è incaricato egli solo district and of the section is intrusted
della polizia dell'adunanza. Niuna with the whole policing of the meet-
specie di forza armata può senza la ing. No armed force may be ad-
sua richiesta collocarsi nella sala della mitted into the meeting hall or in the
stessa adunanza o nelle vicinanze. vicinity without his orders.
ITALIAN NATIONAL ASSEMBLIES OF 1859
469
Le autorità civili, le autorità mili- The civil and military authorities
tari ed i comandanti la Guardia na- and the official heads of the National
zionale saranno tenuti di ottemperare Guard shall hold themselves at his or-
alle sue richieste.
ders.
Tre membri almeno dell'Uffizio Three members of the Bureau shall
dovranno sempre trovarsi presenti. always be present.
ART. 26. L'Uffizio pronunzia in Art. 26. The Bureau shall pro-
via provvisoria sopra tutte le diffi- nounce provisionally on all difficulties
coltà che si sollevano riguardo alle arising regarding the operations of
operazioni del collegio o della se- the college and of the sections.
zione.
E riserbato all'assemblea dei depu- Final judgment as to all protests
tati nominati in conformità del pre- shall be reserved to the deputies
sente Decreto il pronunziare sui re- elected in conformity with the pres-
clami il giudizio definitivo.
ent Decree.
Art. 33.1 Niuno è ammesso ad en- ART. 33. No one shall be allowed
trare nel locale delle elezioni se non to enter the place of election without
presenta volta per volta il certificato presenting, each in turn, the certificate
di cui all'articolo 13.
mentioned in Article 13.
ART. 35. Ogni elettore, dopo di ART. 35. Each elector, after hav-
aver risposto alla chiamata, riceve daling answered to his name, shall re-
Presidente un bollettino spiegato, ceive from the President an unfolded
sopra il quale scrive o fa scrivere da ballot, on which he shall write, or
un altro elettore di sua scelta il suo shall cause another elector of the
voto: piegato poscia il bollettino, lo same denomination to write, the vote
consegna al Presidente che lo pone for him. After folding the ballot he
nell'urna a tal uso destinata.
shall give it to the President who shall
place it in the urn provided for the
purpose.
La tavola a cui siede l'elettore scri- The table at which the elector shall
vendo il voto è separata da quella dell’- write his vote shall be separate from
Ufficio: quest'ultima, alla quale sie- that of the Bureau; the latter, at
dono il Presidente, gli scrutatori ed il which are seated the president of the
segretario, è disposta in modo che 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
DOCUMENTS
gli elettori possano girarvi attorno placed that the electors can pass
durante lo squittinio dei suffragi. around during the examination of
the votes.
ART. 36. A misura che gli elettori ART. 36. As each elector deposits
van deponendo i loro voti nell'urna, his vote in the urn, one of the tellers
uno degli scrutatori ed il segretario and the secretary shall write his name
ne farà constare scrivendo il proprio upon a copy of the list provided for
nome a riscontro di quello di ciascun that purpose, which list shall contain
votante sopra un esemplare della lista the names and the qualifications of all
a ciò destinata, che conterrà i nomi e the members of the districts and of
le qualificazioni di tutti i membri del the section.
collegio e della sezione.
ART. 37. Ad un'ora dopo il mnez- ART. 37. At 1 P. M. there shall
zodì si procederà ad una seconda chia- be a second calling of the electors who
mata degli elettori che non risposero have not answered to the first call, so
alla prima onde diano il loro voto. that they may cast their vote. The
Quest'operazione eseguita, la vota- operation finished, the President shall
zione dichiarasi dal Presidente com- declare the polls closed.
piuta.
Art. 38. Aperta quindi l'urna e ART. 38. When the urn has been
riconosciuto il numero dei bollettini, opened and the number of votes as-
uno degli scrutatori piglia successiva- certained, one of the tellers shall take
mente ciascun bollettino, lo spiega, lo each ballot in turn, unfold it and give
consegna al Presidente che ne dà let- it to the President who shall read it
tura ad alta voce e lo fa passare ad un in a loud voice and pass it to another
altro scrutatore.
teller
Il risultato di ciascun squittinio è The result of each counting shall
immediatamente reso pubblico.
be immediately made public.
Art. 39. Tosto dopo lo squittinio ART. 39. Immediately after the
dei suffragi i bollettini sono arsi in counting of the votes the ballots shall
presenza del collegio, salvo quelli su be burned in the presence of the elec-
cui nascesse contestazione, i quali sa- tors, in order to prevent any contest
ranno uniti al verbale e vidimati al- arising.
meno da tre dei componenti l'Ufficio. This shall be entered in the official
report and witnessed by at least three
of the members of the Bureau.
Art. 40. Nei collegi divisi in più ART. 40. In the districts divided
sezioni lo squittinio dei suffragi si fa into sections the count of the votes
in ciascuna sezione. L'Ufficio della shall be made in each section. The
sezione ne dichiara il risultato me- Bureau of the section shall state the
ITALIAN NATIONAL ASSEMBLIES OF 1859
471
diante verbale soscritto dai suoi mem-
bri. ..
result in a report signed by the mem-
bers.
Art. 41. I bollettini ne'quali il ART. 41. The ballots in which the
votante sarebbesi fatto conoscere sono voter makes known his name shall be
nulli.
void.
ART. 42. Sono altresì nulli i bol- ART. 42. Those ballots are also
lettini contenenti più di un nome e
void which contain more than one
quelli che non portono sufficiente in- name and which do not contain suffi-
dicazione della persona eletta.
cient indication of the person chosen.
Art. 43. L'Ufficio pronunzia so- ART. 43. The Bureau shall decide
pra la nullità come sopra ogni altro on the nullity as on all other inci-
incidente, salve le reclamazioni. dents save appeals.
ART. 44. I bollettini
I bollettini dichiarati ART. 44. The ballots declared
nulli non verranno computati nel de-
void shall not be counted in the result
terminare il numero dei votanti.
of the vote.
Art. 45. Per essere eletto depu- ART. 45. An absolute majority of
tato bisogna avere la maggioranza the votes of the electors present at the
assoluta dei voti degli elettori presenti voting shall be necessary for the elec-
alla votazione.
tion of a deputy.
ART. 46. Ove nel primo squittinio ART. 46. If at the first count no
nessuno dei candidati abbia ottenuta one of the candidates shall have ob-
la maggioranza assoluta, si procederà tained an absolute majority, a new
nel giorno seguente ad una seconda election shall be held on the follow-
votazione fra i due candidati che nel ing day, the choice to be between the
primo squittinio ottennero il maggior two candidates who at the first count
numero di voti. ...
have obtained the greater number of
votes.
ART. 47. Non può esservi che una ART. 47. There shall be but one
sola adunanza ed un solo squittinio in meeting and one count on each day.
ciascun giorno. Dopo lo squittinio After the count the meeting shall be
l'adunanza verrà sciolta immediata- immediately closed, except when ap-
mente, eccettochè siansi proposti re- peals have been entered concerning
clami intorno allo squittinio mede- the count, upon which appeals the
simo, sui quali dovrà essere statuito committee must decide before the
dall'Ufficio prima che sciolgasi l'adu- meeting in which they have arisen is
nanza in cui ebbe luogo.
dissolved.
ART. 48. I membri dell'Ufficio ART. 48. The members of the
principale stenderanno il verbale dell' principal Bureau shall make the re-
elezione prima di sciogliere l'adunanza port of the election before closing
472
DOCUMENTS
e lo indirizzeranno immediatamente al the meeting, and shall send it imme-
Governo per mezzo dell'Intendente diately to the Government by means
generale od Intendente della rispettiva of the Intendent General or the In-
provincia.
tendent of the respective province.
five years.
Dei Deputati
Deputies
ART. 49. Ogni elettore è eleggi- ART. 49. Each elector is eligible
bile quando abbia raggiunto l'età di 25 who has attained the age of twenty-
anni.
Art. 50. I deputati rappresen-
ART. 50. The deputies shall rep-
tano le provincie modenesi in generale resent the provinces of Modena in
e non le sole provincie in cui furono general and not the single province
eletti.
from which they were elected.
Nessun mandato imperativo può No imperative mandates shall be
loro darsi dagli elettori.
given them by the electors.
Art. 51. Se un deputato cessa per ART. 51. If a deputy for any rea-
qualunque motivo dalle sue funzioni, son ceases to act, the district which
il collegio che lo aveva eletto sarà con- elected him shall be convened for a
vocato per fare una nuova elezione. new election.
ART. 52. Le funzioni di depu- ART. 52. The functions of a dep-
tato non dànno luogo ad alcuna retri- uty, shall not carry remuneration.
buzione.
ART. 53. Durante il tempo in cui ART. 53. While the Assembly is
l'Assemblea sta adunata nessun depu- in session no deputy may be arrested
tato può essere arrestato se non in save in case of a flagrant offence, nor
caso di flagrante delitto, nè tradotto in brought to trial for crime without the
giudizio per causa criminale senza il previous consent of the Assembly.
previoo consenso dell'Assemblea.
Dell'Assemblea
The Assembly
Art. 54. L'Assemblea si riunisce ART. 54. The Assembly shall meet
per costituire il Potere esecutivo e in order to constitute the executive
per esprimere i suoi voti sulla sovra- power and to express its will regard-
nità delle provincie modenesi e sull'- ing the sovereignty of the provinces
essere loro rispetto all'ordinamento of Modena and their relation with
nazionale dell'Italia.
regard to the national organization of
Italy.
ART. 55. Le sedute e le delibera- ART. 55. The sessions and the de-
zioni dell'Assemblea non sono valide liberations of the Assembly shall not
ITALIAN NATIONAL ASSEMBLIES OF 1859
473
.
se la maggioranza assoluta de'suoi be valid if the absolute majority of its
membri non è presente.
members is not present.
Art. 56. Le deliberazioni non'- ART. 56. Decisions can not be
possono essere prese se non alla mag- taken except by a majority of votes.
gioranza dei voti.
ART. 57. L'Assemblea si riunisce ART. 57. The Assembly shall meet
per la prima volta sotto la presidenza at the first instance under the presi-
del decano e assume come segretari i dency of the dean and shall appoint
due membri più giovani.
as secretary the two youngest mem-
bers.
ART. 58. L'Assemblea è essa sola ART. 58. The Assembly shall
competente per giudicare della vali- alone be competent to judge of the
dità dei titoli di ammissione dei singoli validity of the title to his seat of each
membri.
of its members.
Art. 59. Fatta la verificazione dei Art. 59. The powers having been
poteri, l'Assemblea nomina nel pro- verified, the Assembly shall elect from
prio seno il presidente, i vice-presi- its members a President, a Vice-presi-
denti, i segretari ed i questori, i quali dent, Secretaries and the Quaestors
rimangono in carica durante tutta la who shall remain in office during the
sessione.
whole session.
Art. 60. Le sedute dell'Assemblea ART. 60. The sessions of the As-
sono pubbliche: ma quando dieci mem- sembly shall be public; but when ten
bri ne facciano domanda al Presidente members shall make a request to the
essa può deliberare in segreto.
President, the debate may be secret.
Art. 61. . Ogni proposta debbe es- ART. 61. All propositions shall
sere prima esaminata dalle Commis- first be examined by the Committees
sioni che saranno dall'Assemblea no- which shall be nominated by the As-
minate pei lavori preparatori.
sembly for the preparatory work.
Art. 62. L'Assemblea ha
Art. 62. The Assembly has the
sola il diritto di ricevere le dimissioni sole right to receive the resignation
dei suoi membri.
of its members.
Modena, 29 luglio 1859.
Modena, July 29, 1859
FARINI.
FARINI.
essa
474
DOCUMENTS
Convocation of the Electoral Colleges, August 5, 1859 1
IL DITTATORE
DELLE PROVINCIE MODENESI
THE DICTATOR
OF THE PROVINCES OF
MODENA
Visto l'articolo 17 del decreto 29
luglio ultimo scorso.2
In view of Article 17 of the decree
of the 29th of last July:
DETERMINA:
DETERMINES :
ART. 1. I collegi elettorali sono ARTICLE 1. That the electoral
convocati pel giorno quattordici del districts are convoked for the four-
corrente agosto.
teenth of the current August.
Occorrendo una seconda votazione Should a second balloting be neces-
questa avrà luogo il giorno quindici sary it will take place on the fifteenth
successivo.
following:
ART. 2. L'Assemblea dei deputati Art. 2. That the Assembly of
è convocata in Modena pel giorno se- Representatives is convoked in Mo-
dici.
dena for the sixteenth.
Il presente decreto sarà pubblicato The present Decree shall be pub-
nei modi voluti dalla legge.
lished in the manner required by law.
Dato in Modena dal Palazzo Na- Given in Modena from the Na-
sionale, li 5 agosto 1859.
tional Palace, August 5th, 1859.
Il Dittatore, FARINI.
Dictator, FARINI.
0
The National Assembly of the Provinces of Modena Dethrones the House of
Hapsburg-Lorraine. August 20, 18593
L'ASSEMBLEA NAZIONALE
DELLE PROVINCIE
MODENESI:
THE NATIONAL ASSEMBLY
OF THE PROVINCES
OF MODENA:
Considerando che il diritto impre- Considering that the unwritten
scrittibile dei popoli di costituirsi, right of the peoples to organize them-
troppe volte disconosciuto, è oggi am- selves, too often unrecognized, is to-
messo da tutte le nazioni civili, e day admitted by all civilized nations,
forma ormai parte del diritto pubblico and forms, henceforth, part of the
europeo;
public law of Europe;
i Le Assemblee, vol. 1, p. 526.
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."
3 Ibid., p. 546.
ITALIAN NATIONAL ASSEMBLIES OF 1859
475
nem-
Considerando che non è
Considering also that it is not com-
manco compatibile nelle stesse prov- patible that in these same provinces,
incie il regno di chi per ragioni di anyone should reign because of fam-
famiglia, o per trattati pretendesse ily, or should claim succession
succederle, perchè stranieri essi pure, through treaties, because they also are
ed avversi all'indipendenza e al bene foreigners and averse to the inde.
della nazione italiana,
pendence and welfare of the Italian
nation,
DECRETA:
DECREES :
Francesco V. d'Austria d'Este e That Francesco V. of Ausria-Este
decaduto dalla sovranità degli Stati is dethroned from the sovereignty of
modenesi.
the States of Modena.
E esclusa in perpetuo dal reggi- The Dynasty of Austria-Este or
mento di queste provincie, sotto qual- any Prince of the House of Haps-
siasi forma, la Dinastia d'Austria burg-Lorraine, is excluded perpetually
d'Este, e qualunque principe della from reigning in these provinces un-
Casa d'Absburgo-Lorena."
der any form whatever.
The National Assembly of the Provinces of Modena Decrees the Union of the
Provinces with the Constitutional Monarchy of Sardinia. August 21,
1859 1
L'ASSEMBLEA NAZIONALE
DELLE PROVINCIE
MODENESI:
THE NATIONAL ASSEMBLY
OF THE PROVINCES
OF MODENA:
Considerando che il Governo costi- Considering that the Constitutional
tuzionale di Vittorio Emanuele II, Government of the generous and
Re generoso e leale, è quello intorno a loyal King Victor Emanuel II is that
cui dobbiamo stringerci per ottenere around which we should unite to ob-
la nostra indipendenza e libertà; tain our independence and liberty;
Considerando che l'unione a quel Considering that union with that
Governo è consigliata alle provincie Government is advisable for the
modenesi dal bisogno di costituire un Provinces of Modena by reason of
forte Regno in Italia, dalla loro posi- the necessity of forming a strong
zione geografica e dai materiali loro Kingdom in Italy, of their geograph-
interessi;
ical position, and of their material in-
terests;
1 Le Assemblee, vol. 1, p. 550. This decree was passed unanimously by secret ballot.
476
DOCUMENTS
Considerando che pei voti univer- Considering that by the universal
salmente espressi dalle provincie mo- vote expressed by the provinces of
denesi nel 1848, con un solenne atto Modena in 1848, they joined and
di dedizione, furono le medesime ag- were incorporated in the Kingdom of
gregate ed incorporate al Regno Sardinia by a solemn act of dedica-
Sardo, e cessarono solo di farne parte tion, and only ceased to belong to it
per la prepotenza delle armi straniere; through the supreme power of for-
eign arms;
Considerando che questi voti co- Considering that these votes, con-
stantemente nutriti, malgrado della stantly maintained in spite of severe
più dura pressione a delle più sfa- pressure and under the most unfa-
vorevoli condizioni politiche, fu- vorable political conditions, were in
rono nel 1859 manifestati in un modo 1859 manifested in a manner still
anche più solenne ed irrefragibile more solemn and irrefutable, by send-
col'invio di miglaia di volontari alla ing thousands of volunteers to the
guerra della indipendenza e con oltre war of independence, and by more
90 mila soscrizioni;
than 90,000 signatures;
Considerando che questi voti così Considering that these votes, so
splendidamente proclamati ebbero di splendidly proclaimed, were fulfilled
nuovo il loro adempimento dalla metà in the middle of last June, even to the
dell'ultimo scorso giugno sino alla stipulation of the treaties of Villa-
stipulazione dei patti di Villafranca franca which, leaving these provinces
i quali rimettendo queste provincie in to their own authority placed them
balìa di loro medesime le collocarono under the necessity of providing for
nella necessità di provvedere ai loro their future destinies;
futuri destini.
DECRETA:
DECREES:
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.
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 1
CITTADINI!
CITIZENS!
La manifestazione del voto generale The manifestation of the general
sull'ordinamento della cosa pubblica, will as to the ordering of public af-
è naturale diritto d'ogni popolo. fairs, is the natural right of every
people.
Questo diritto venne proclamato This right was solemnly proclaimed
solennemente dall'Imperatore dei by the Emperor of the French in the
Francesi al cospetto del mondo, come face of the world, as the true founda-
la vera base del diritto pubblico. tion of public right.
Nelle attuali gravi circostanze in cui In the actual grave circumstances
le sorti d'Italia vittoriose sui campi when the fate of Italy, victorious on
di battaglia, sono rimesse anche una the battlefield, has been placed in the
volta nelle mani della diplomazia, a hands of a diplomat, the Italians
questo diritto gl’Italiani debbono con ought to resort to the right with con-
fiducia ricorrere e palesare ordinata- fidence, and duly make known their
mente i loro voti.
wishes.
Chè se la forte gioventù degli Stati For if the valiant youths of the
romani versò anch'essa valorosamente Romian states gave their blood so
il sangue per la causa nazionale illu- bravely for the national cause, making
strando il nome italiano, questo nobil illustrious the Italian name, this noble
sangue sarebbe versato indarno, se blood would be shed in vain if every
ogni cittadino che lo può liberamente citizen who can freely do so, does not
non accorresse al compimento dell' agree to the fulfillment of the work,
opera, col manifestare la propria vo- by manifesting his own wishes in re-
lontà intorno al futuro reggimento di gard to the future administration of
questi popoli.
these people.
Bologna, 22 luglio 1859.
Il Comitato costituitosi per la sotto-
scrizione al voto popolare:
Bologna, 22 July, 1859.
The Committee which has formed
itself to procure signatures of the
popular will:
PRINCE RINALDO SIMONETTI -
FRANCESCO RAMPONI GIOVANNI
ZOBOLI
RINALDO PRINCIPE SIMONETTI
RAMPONI FRANCESCO - ZOBOLI GIO-
VANNI
i Le Assemblee, vol. 1, p. 357.
478
I
DOCUMENTS
The Sardinian Commissioner Retires from Office that the Vote may be Free.
July 28, 1859 1
POPOLI DELLE ROMAGNE!
PEOPLE OF ROMAGNA!
La pace conchiusa in Villafranca The peace concluded at Villafranca
fra i due Imperatori ha fatto cessare between the two Emperors, has put
il più importante dei motivi pei quali an end to the most important of the
il Re Vittorio Emanuele mi aveva reasons why Victor Emanuel had sent
mandato suo Commissario fra voi : me as Commissioner to you: that of
quello di chiamarvi alle sue bandiere calling you to his standard for the
per la guerra d'indipendenza.
war of independence.
Egli m'imponeva al tempo stesso He also commissioned me, at the
che io mantenessi l'ordine in queste same time, to maintain order in this
provincie e vuole ora disponga le cose province, and he wishes now to make
in modo che in queste nuove ed impre- disposition of affairs so that in these
viste condizioni esso non s'abbia a tur- new and unforeseen conditions it shall
bare. Per quanto era in me e per
er not be disturbed. As far as it was in
quanto lo concedesse il tempo, cercai my power and time allowed, I have
servire fedelmente a queste sue leali tried to serve faithfully these loyal
intenzioni.
purposes of his.
Ho l'incarico di annunziarvi che I have the task of announcing to
egli, sollecito sempre del nostro bene, you that he, always solicitous of our
impiegherà con premura caldissima good, will employ with the greatest
tutti i mezzi concessi dal diritto inter- cagerness all the means conceded by
nazionale onde otteniate dal concorso international law, in order that you
dei Governi europei l'adempimento may obtain from the cooperation of
dei vostri giusti e ragionevoli desideri. European governments the fulfillment
of your just and reasonable wishes.
La presenza di un Commissario del The presence of a Royal Commis-
Re ne potrebbe preoccupare la libera sioner might hinder their free mani-
manifestazione alla quale il sospetto festation, from which a suspicion of
di interessate influenze toglierebbe interested influence might take away
fede e valore. Egli quindi mi richi- confidence and validity. Therefore,
ama da quest'ufficio ed è mio dovere he recalls me from this office, and it is
ubbidire. Con qual cuore io vi lascio my duty to obey.
my duty to obey. With what heart I
ve lo dica il cuor vostro. Ma vi dica leave you, your own heart may tell
insieme che, se non è sempre dato all’- you. But it may tell you, at the same
uomo vincere la fortuna, neppure la time, that it is not always given to
1 Le Assemblee, vol. 1, p. 358.
ITALIAN NATIONAL ASSEMBLIES OF 1859
479
fortuna può vincerlo ove egli nol vo-
glia.
man to conquer fortune, nor can for-
tune conquer him when he does not
wish it.
It is your right to proclaim in the
face of the world what are your
wishes.
È vostro diritto il proclamare al cos-
petto del mondo quali siano vostri
voti.
Torino, 28 luglio 1859.
MASSIMO D'AZEGLIO.
Turin, 28 July, 1859.
MASSIMO D'AZEGLIO.
The Governing Council Announces that an Assembly will be held. August 2,
1859 1
POPOLI DELLE ROMAGNE!
PEOPLE OF ROMAGNA!
cern us.
Noi, assumendo per breve tempo il We, assuming for a short time the
poderoso incarico, a cui niun probo heavy burden which no upright citi-
cittadino può ricusarsi quando la zen may refuse, when the need of the
necessità della patria il dimanda, ab country calls, have immediately real-
biamo subito compreso che due gra- ized that two very heavy duties con-
vissimi doveri c'incombevano.
L'uno di eleggere un capo del Go- The one, to elect a head of Gov-
verno per dare al potere esecutivo ernment to give to the executive
quell'unità e speditezza che sono in- power that unity and expedition that
dispensabili nei momenti difficili come are indispensable in difficult moments
i presenti. E quindi abbiamo eletto like the present. Therefore, we have
ad unanimità il Colonnello Leonetto unanimously elected Colonel Leo-
Cipriani, ben noto per l'energia de' netto Cipriani, well known for the
suoi propositi e per la sua inalterabile vigor of his intentions and his unal-
devozione alla causa italiana.
terable devotion to the Italian cause.
L'altro di convocare prestamente, a The other, to call at once an assem-
somiglianza di Toscana e di Modena bly like that of Tuscany and Modena
un'Assemblea che sia interprete dei which, legally constituted, may inter-
voti del Paese legalmente costituito e pret the wishes of the country, and
nomini stabile Governo che prenda which may nominate a stable Govern-
con gli Stati vicini un assetto defini- ment that shall take, together with
tivo per renderci più forti contro la the neighboring states, a definite
ristaurazione dei Governi passati e stand, to make themselves stronger
1 Le Assemblee, vol. 1, p. 360.
480
DOCUMENTS
I
fare meglio accordi ed apprezzati i against the restoration of the former
nostri voti davanti al Consesso d'Eu- Government, and give better agree-
ropa.
ment and value to our votes before the
tribunal of Europe.
Bologna, il 2 di agosto 1859.
GIOACHINO NAPOLEONE PEPOLI
ANTONIO MONTANARI.
Bologna, 2nd of August, 1859.
GIOACHINO NAPOLEONE PEPOLI,
ANTONIO MONTANARI.
Instructions in Regard to the Approaching Elections. August 8, 1859 1
AI SIGNORI INTENDENTI
DELLE PROVINCIE
TO THE INTENDENTS OF THE
PROVINCES
Illustrissimo Signore,
Honored Sir,
È imminente la pubblicazione della The publication of the law relative
legge relativa alle elezioni dei depu- to the elections of deputies for the
tati per l'Assemblea Nazionale chia- National Assembly, called to proffer
mata a proferire un voto solenne e a solemn and legal vote on the fate
legale sulle sorti di queste Provincie.2 of these provinces, is imminent.
Affinchè l'opera importante delle In order that the important work
elezioni non sia preoccupata dai par- of the elections may not be hindered
titi, è d'uopo che il Governo, in un by factions, it is necessary that the
paese non abituato all'esercizio rego- Government, in a country not accus-
lare di tali diritti, prenda una bene- tomed to the regular exercise of such
fica iniziativa.
rights, should take a benevolent initi-
ative.
La S. V. Illustrissima pertanto, va- Your Excellency, therefore, avail-
lendosi dell'opera di cittadini degni di ing yourself of the aid of the citi-
tutta la di Lei fiducia, userà ogni cura zens worthy of all your trust, will
onde in codesto capo-luogo e in tutta use every care so that in this capi-
la Provincia siano formati Comitati
tal and throughout the province there
elettorali, incaricati d'illuminare e may be formed electoral committees,
dirigere gli elettori e di cooperare onde commissioned to instruct and direct
la Rappresentanza nazionale si com- the electors and to cooperate so that
ponga di uomini savi ed energici ad un the national Representation may be
tempo, capaci a penetrarsi della grave, composed of men both wise and ac-
importanza del loro mandato e a com- tive, capable of understanding the
prendere che dal senno, dalla pru- great importance of their calling and
i Le Assemblee, vol. 1, p. 362.
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
481
denza, dall'energia dell'Assemblea Na- of realizing that upon the wisdom, the
zionale dipenderà la salvezza di queste prudence and the energy of the Na-
Provincie e l'adempimento dei voti di tional Assembly will depend the
queste popolazioni.
safety of these provinces and the ful-
fillment of the wishes of the people
of these districts.
Non è certo tra i desideri del Go-
It is certainly not the wishes of the
verno che gli uomini dei partiti es- Government that men of the extreme
tremi siano esclusi dalle elezioni. factions should be excluded from the
Ciò che il Governo desidera pel vero elections. What the Government de-
bene del Paese si è che i partiti estremi sires for the true good of the country
non abbiano ad imporre alla Rappre- is that the extreme factions may not
sentanza nazionale opinioni e desideri impose upon the national representa-
che non sono della maggioranza dei tives opinions and desires that are not
cittadini.
shared by the majority of the citizens.
Con queste norme generali Ella po- With these general rules you may
trà dunque accingersi alla formazione then prepare for the formation of
dei Comitati elettorali, adoperando electoral committees, using all the
tutta la prudenza che le è propria e prudence that is needful and calling
chiamando a cooperarla que'cittadini upon the cooperation of those citizens
che Ella reputa più acconci all'uopo, whom you consider most appropriate
sia per la loro probità e saviezza che for the work, either because of their
pel loro attaccamento all'attuale or- honesty and wisdom or because of
dine di cose.
their attachment to the present order
of things.
Passo nel frattanto a confermarmi In closing I sign myself, with es-
coi sensi di stima distinta.
teemed consideration,
Bologna, 8 agosto 1859.
Bologne, August 8, 1859.
ANTONIO MONTANARI.
ANTONIO MONTANARI.
Circular Letter to the Officials of Romagna Emphasising the Importance of
the Approaching Elections. August 22, 1859 1
Agl’Intendenti e Sotto Intendenti e
Alle Commissioni Municipali delle
Romagne.
SIGNORI,
Ecco che si approssima il giorno
To the Intendents and Sub-Intend-
ents and to the Municipal Commit-
tees of Romagna,
GENTLEMEN!
Now the day is approaching on
i Le Assemblee, vol. 1, p. 363.
482
DOCUMENTS
in che le nostre popolazioni hanno da which our people must fulfill one of
compiere uno degli atti più nobili e the most noble and serious acts of
gravi della loro rigenerazione; hanno their regeneration; they must elect
da eleggere i deputati all'Assemblea deputies to the Assembly which will
che sarà interprete e banditrice dei be interpreter and herald of our firm
nostri fermi propositi, dei nostri sa- resolutions and of our sacred rights
crosanti diritti in faccia all'Italia ed in the face of Italy and of all Europe.
all’Europea intera.
Ma però, in mezzo a quella amara Yet, in the midst of this bitter sur-
sorpresa, gli Stati dell'Italia centrale prise, the states of central Italy soon
compresero tosto che le sorti loro non understood that their fates were not
erano decise e che grave e nobile com- decided, and that a serious and noble
pito era riservato al senno, all'energia task was reserved for the wisdom, en-
e fermezza di queste popolazioni. ergy and steadfastness of this popu-
Napoleone III aveva detto nel suo lation. Napoleon III had said in his
proclama di Milano: oggi tutti soldati proclamation at Milan:-“all are
per essere domani liberi cittadini. E soldiers to-day in order to be free citi-
quindi la prima idea che si affacciava zens to-morrow.”— And thus the first
spontanea alle menti e diffondevasi idea that came spontaneously to mind
come elettrica scintilla nell'universale and spread universally like an electric
fu quella di esprimere popolarmente spark, was that of expressing popu-
con cittadine sottoscrizioni la incom- larly, by signatures of the citizens,
patibilità dei dominatori passati ed il the incompatibility of the former rul-
voto fermo e costante di queste con- ers with the steadfast and constant
trade. Ciò che praticavasi in Tos- wishes of these regions. What was
cana, a Parma, a Modena, aveva luogo going on in Tuscany, in Parma and
anche nelle Romagne, e le centinaia di in Modena, was also taking place in
migliaia di firme che si veggono nei Romagna, and the hundred thousand
registri dicono abbastanza eloquente- signatures that are seen in the regis-
mente al mondo
mondo cosa pensino e ters, tell eloquently enough to the
cosa vogliano le nostre popolazioni. world what our people think and
Quella votazione nazionale dell’Indi- wish. That national voting of the
rizzo a Vittorio Emanuele, a Napo- Address to Victor Emanuel, to Na-
leone III ed alle Potenze d'Europa, poleon III and to the powers of Eu-
cui sottoscrissero concordemente le rope, which the city, the boroughs and
città, i borghi e le campagne fu la the country districts signed in unison,
seconda dichiarazione e protesta che was the second declaration and pro-
espressero le Romagne.
test which the people of Romagna ex-
pressed.
:
ii. e., Villafranca.
ITALIAN NATIONAL ASSEMBLIES OF 1859
483
Ma ora ci resta a compiere la terza But now it remains for us to com-
e più rilevante di tutte, che, pigliando plete the third and most important of
la forma di quella legalità che si all, which, taking the legal form which
pratica fra i popoli civili e libera- is usual among civilized people living
mente costituiti, ha da riuscire come under a free constitution, must appear
la riprova, il suggello dei nostri fermi as the token and seal of our firm and
ed inalterabili proponimenti. E sic- unalterable resolution. And as this
come questa riprova deve essere so- token must be solemn and must have
lenne, deve avere un pondo gravissimo very heavy weight in the Councils of
nei Consigli dell'Europa, così importa Europe, it is important that it should
che da un lato sia coscienziosa ed as- be conscientious and wise, and that it
sennata, dall'altro abbia il voto gene- should have the general assent of ev-
rale di ogni ordine di cittadini.
ery class of citizens.
Per questo il Governo, come sapeva For this reason the Government, as
di rendersi interprete dell'opinione it knew that it was making itself
pubblica chiamando a votare tutti i cit- the interpreter of public opinion, by
tadini atti ad intenderne l'importanza, calling to vote all the citizens able to
così oggi fa appello alla stessa pub- understand its importance to-day
blica opinione perchè tutti i chiamati makes an appeal to this same public
concorrano con frequenza ne'collegi opinion so that all those summoned
elettorali a compiere il nobile mandato. may crowd to the voting places to
fulfil their noble duty.
Ora ogni cittadino col suo
Let every citizen now show
voto dimostri al mondo che siamo ma- the world by his vote that we are ripe
turi a libertà, che sappiamo esercitare for liberty, that we know how to ex-
il diritto più nobile di un popolo, quale ercise the most noble right of a peo-
si è di fondare il Governo che vuole, ple, which is to found the government
e decidere delle proprie sorti.
which it wishes, and to decide its own
fate.
Mostriamolo al mondo dignitosa- Let us show this to the world wor-
mente e fiduciosi, e rendiamoci ben thily and trustingly, and let us be
certi che i potentati europei ne apprez- assured that the European Powers
zeranno il valore. Passato è il tempo will realize its importance. The time
in che la politica guardava solo ai is passed in which politics regarded
titoli delle dinastie e i diritti dei cnly the titles of dynasties, and the
popoli poneva in non cale ... oggi rights of the people were uncared for.
comprendono anche i regnanti che to-day even the ruling powers of
l’Europa è stata un focolare di rivo- Europe understand that Europe has
luzioni negli ultimi quarant'anni ap- been a hot-bed of revolutions in the
punto perchè in quel Consesso del last forty years, precisely because in
484
DOCUMENTS
1815 i diritti dei popoli vennero dura- that Congress of 1815 the rights of
mente conculcati. Per questi motivi the peoples were harshly trampled
noi abbiamo veduto la diplomazia upon. For these reasons we have
ricredersi mano mano e far ragione ai seen diplomacy gradually turning to
diritti dei Belgi, dei Greci, della Peni- take into consideration the rights of
sola spagnuola, e da ultimo anche dei the Belgians, the Greeks, the Spanish
Rumeni. Or via, ciò che due anni fa peninsula, and lately also the Ru-
i potentati europei acconsentivano ai manians. Now, then, will the Euro-
Principati danubiani, vorranno ne- pean Powers try to deny to the home
garlo alla patria delle arti belle, delle of the Fine Arts, of the Sciences and
scienze e del diritto, alla madre della of Law, to the Mother of Culture and
coltura, dell'incivilmento?
Civilization that which they granted
two years ago to the Danubian Prin-
cipalities?
0
con-
Votiamo adunque concordi, animosi Let us vote, then, unitedly, boldly
e fidenti, come facevano non ha guari and trustingly as the people of Tus-
i Toscani e i Modenesi, e come fa- cany and of Modena have done not
ranno in breve i Parmigiani e i Pia- long ago and as those of Parma and
centini. Votiamo numerosi e
Piacenza will soon do. Let us vote
cordi, e poi, a somiglianza dell'Assem- in large numbers and harmoniously,
blea fiorentina, affidiamo il nostro and then, like the Florentine Assem-
voto alla protezione generosa di Na- bly, let us trust our votes to the gen-
poleone III, il quale non può dimen- erous protection of Napoleon III,
ticare che il suo trono fondavasi sulla who can not forget that his throne was
base del suffragio popolare; alla sim- built on the basis of popular suffrage;
patia dell'Inghilterra, che è patria an- on the sympathy of England which
tica del diritto individuale e della is the ancient home of the rights of
libertà cittadina; alla giustizia dell’- the individual and of the freedom of
Europa, la quale riconosce oggimai citizens; on the justice of Europe,
che l'Italia ha diritto di sedere anch' which recognizes even now that Italy
essa al banchetto delle Nazioni libere also has the right to sit at the banquet
ed indipendenti.
of free and independent nations.
Bologna, 22 agosto 1859.
Bologna, August 22nd, 1859.
Il gerente la Sezione dell'interno, The Chairman of the Section of the
Interior
A. MONTANARI.
A. MONTANARI.
.
ITALIAN NATIONAL ASSEMBLIES OF 1859
485
Convocation of the Electoral Constituencies of Romagna. August 24, 1859 1
IL GOVERNATORE GENERALE
DELLE ROMAGNE
THE GOVERNOR GENERAL OF
ROMAGNA
Visto il decreto 8 di agosto 1859;
Visti gli articoli 3 e 5 del medesimo;
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;
7
Vista la tabella pubblicata il 20 cor-
rente agosto;
DECRETA:
DECREES :
sono
1. I collegi elettorali delle Ro- 1. The electoral districts of Ro-
magne, a norma della tabella suddetta, magna, according to the table above-
convocati per domenica, 28 mentioned, are convoked for Sunday,
agosto 1859
August 28th, 1859.
2. Le Commissioni municipali dei 2. The municipal commissions of
luoghi ove si riuniscono i collegi sta- the places where the districts will
biliranno le indicazioni più precise del meet, shall give the most exact direc-
luogo e dell'ora delle adunanze.
tions as to the place and hour of the
meetings.
3. Il gerente dell'interno è incari- 3. The Secretary of the Interior is
cato della esecuzione del presente de- charged with the execution of the
creto.
present decree.
Fatto a Bologna, il 24 agosto 1859. . Done at Bologna, August 24th.
1859.
Il governatore generale
Governor General,
LEONETTO CIPRIANI
LEONETTO CIPRIANI
Il gerente dell'interno e di
Secretary of the Interior and
pubblica sicurezza
of Public Welfare,
A. MONTANARI.
A. MONTANARI.
1 Le Assemblee, vol. 1, p. 366.
486
DOCUMENTS
Convocation of the National Assembly of Romagna at Bologna. August
25, 1859
IL GOVERNATORE GENERALE THE GOVERNOR GENERAL OF
DELLE ROMAGNE
ROMAGNA
Visto il decreto 8 agosto 1859 per In view of the decree of August
la convocazione dell'Assemblea na- 8th, 1859, for the convocation of the
zionale delle Romagne;
National Assembly of Romagna;
Visto il decreto del 24 agosto, col In view of the decree of August
quale è stabilita la riunione dei collegi 24th, by which it is decreed that the
elettorali pel dì 28 corrente;
electoral districts shall meet on the
28th of the current month;
DECRETA:
DECREES:
L'Assemblea nazionale si riunirà The National Assembly shall meet
in Bologna giovedì, 1° di settembre in Bologna on the first of September,
1859, alle ore 12 meridiane nel palazzo 1859, at 12 o'clock, noon, in the pal-
dell'Accademia di belle arti.
ace of the Academy of Fine Arts.
Il gerente dell'interno è incaricato The Secretary of the Interior is
della esecuzione del presente decreto. charged with the execution of the
present decree.
Fatto in Bologna, il 25 agosto 1859. Done at Bologna, the 25th of Au-
gust, 1859.
Il governatore generale
Governor General,
LEONETTO CIPRIANI
LEONETTO CIPRIANI
Il gerente dell'interno e di pubblica Secretary of the Interior and of
Public Safety,
A. MONTANARI.
A. MONTANARI.
sicurezza
Decree of the National Asseinbly of Romagna Deposing the Temporal
Power. September 6, 1859 2
Considerando che questi popoli, Considering that these
these people,
dopo avere avuto statuti e leggi pro- after having had their own statutes
prie, e nel principio del secolo presente and laws, and, in the beginning of the
fatto parte del Regno Italico, furono present century having been part of
nel 1815, senza il consenso loro posti the Italian Kingdom, were in 1815,
sotto il Governo temporale pontificio, without their consent, put under the
1 Le Assemblee, vol. 1, p. 366.
2 ibid., vol. 1, pp. 390–391. The vote was by secret ballot and unanimous.
ITALIAN NATIONAL ASSEMBLIES OF 1859
487
e che questo, senza ripristinare le an- pontifical temporal government, and
tiche franchigie, distrusse i buoni or- that this government without renew-
dini nuovamente introdotti;
ing the old franchises has destroyed
the good arrangements recently intro-
duced; .
Considerando infine che il Gov- Considering, finally, that the tem-
erno temporale pontificio è sostanzial- poral pontifical government is sub-
mente e storicamente distinto dal po- stantially and historically distinct
tere spirituale della Chiesa, cui questi from the spiritual power of the
popoli professano piena reverenza; Church, for which these peoples pro-
fess full reverence;
Noi, rappresentanti dei popoli delle We, representatives of the people
Romagne, convenuti in generale As- of Romagna, convened in the General
semblea, appellandone a Dio della ret- Assembly, calling upon God to wit-
titudine delle nostre intenzioni, dichia- ness the righteousness of our inten-
riamo:
tions, declare:
Che i popoli delle Romagne, riven- That the people of Romagna, hav-
dicato il loro diritto, non vogliono più ing regained their rights, no longer
Governo temporale pontificio.
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 Considering that the unanimous
e fermo di questi popoli è per un and decided vote of these people is for
Governo forte, che assicuri l'indipen- a strong government which may as-
denza nazionale, l'uguaglianza civile sure them national independence, civil
e la libertà;
equality and liberty.
Considerando che il loro primo Considering that their first need
bisogno è di posare in un assetto sta- is to establish a stable and definite or-
bile e finale rispetto alla Nazione, il der for the nation, thus ending the
quale chiuda l'era delle rivoluzioni; era of revolutions;
Considerando che il solo Governo Considering that the only govern-
che possa adempiere queste condizioni ment which can fulfil these conditions
è quello di Sardegna, per la forza, per is that of Sardinia, through its power,
le tradizioni, per la organizzazione, traditions, its organizations,
per le istituzioni e pei sacrifici fatti through its institutions and the sacri-
alla causa italiana;
its
fices made for the Italian cause;
1 Le Assemblee, vol. 1, p. 397. The vote was by secret ballot and unanimous.
488
DOCUMENTS
Noi, rappresentanti i popoli delle We, representing the people of Ro-
Romagne,
magna,
DICHIARIAMO:
DECLARE:
Che i popoli delle Romagne vo- That the people of Romagna wish
gliono l'annessione al Regno Costitu- for annexation to the Constitutional
zionale di Sardegna sotto lo scettro di Kingdom of Sardinia, under the scep-
Vittorio Emanuele II.
tre of Victor Emanuel II.
Reply of King Victor Emanuel to the Delegates Presenting the Vote of the
People of Romagna
1
Sono grato al voti de' Popoli delle I am grateful for the votes of the
Romagne di cui voi, o signori, siete people of Romagna, of which you,
gl'interpreti verso di me. Principe Gentlemen, are the interpreters to me. .
cattolico, serberò in ogni evento pro- As a Catholic prince, I will preserve
fonda ed inalterabile riverenza verso in any event profound and unalterable
il Supremo Gerarca della Chiesa.
reverence towards the Supreme Hier-
Principe italiano, debbo ricordare che arch of the Church. As an Italian
l'Europa, riconoscendo e proclamando prince, I must remember that Europe,
che le condizioni del vostro paese acknowledging and proclaiming that
ricercavano pronti ed efficaci provvedi- the conditions of your country de-
menti, ha contratto con esso formali mand prompt and efficient supervi-
obbligazioni. Accolgo impertanto sion, has contracted with it some for-
vostri voti, e forte del diritto che mal obligations. I welcome, how-
questi mi conferiscono, propugnerò ever, your votes and, strong in the
la causa vostra innanzi alle grandi right which these confer upon me, I
Potenze. Confidate nel loro senno will defend your cause before the
e nella loro giustizia; confidate nel great Powers. Trust in their wisdom
generoso patriottismo dell'Imperatore and in their justice, trust in the gen-
dei Francesi, che vorrà compiere
compiere erous patriotism of the Emperor of
quella grande opera di riparazione, the French, who would like to see fin-
alla quale pose si potentemente la ished that great work of reparation to
mano e che gli ha assicurato la rico- which he so powerfully gave his hand,
noscenza dell'Italia tutta. L’Eu- and which has assured for him the
ropa sentirà che è comune dovere, gratitude of all Italy. ... Europe
com'è comune interesse, di chiuder will feel that it is a common duty, as
l'êra dei rivolgimenti italiani procu- it is a common interest, to close the
rando soddisfazione ai legittimi voti. era of Italian upheaval by giving sat-
isfaction to legitimate desires.
: Le Assemblee, vol. 1, p. 404.
ITALIAN NATIONAL ASSEMBLIES OF 1859
489
PARMA AND PIACENZA, 1859
The Sardinian Governor Resigns Power to Giuseppe Manfredi as Provisional
Governor. August 8, 1859 1
1
POPOLI DI PARMA E DI PIACENZA! PEOPLE OF PARMA AND PIACENZA!
Le innumerevoli e solenni prove da The innumerable and solemn proofs
voi fornite di volere a prezzo di qual- furnished by you of your wish, at the
unque sacrificio essere per sempre as- price of any sacrifice, to be ever as-
sociati ai destini di quello Stato itali- sociated with the destinies of that
ano che rappresenta i grandi principi Italian State which represents the
dell'indipendenza nazionale e della great principles of national independ-
libertà, il silenzio serbato nei prelimi- ence and liberty, the silence observed
nari di pace di Villafranca sulle sorti in the Preliminaries of Peace at Villa-
di queste provincie, e sopratutto le franca regarding the destiny of these
assicurazioni che io ebbi da un illustre provinces, and, above all, the assur-
ministro, il quale a sua volta poteva e ance which I had from an illustrious
doveva credersi autorizzato a darle, minister who could and ought to con-
non mi lasciavano alcun dubbio che i sider himself authorized to give them,
vostri desideri non fossero irremovi- leaves no doubt that your wishes were
bilmente adempiuti, ed io ve ne dava absolutely fulfilled, and I gave you
con somma gioia il faustissimo an- with great joy, the happy announce-
nunzio. Pur non di meno tutte le ment.
But notwithstanding your
vostre proteste ed i fatti più eloquenti protestations and the more eloquent
non hanno ancora abbastanza per- facts, some of the Powers are not
suaso qualche Potenza della sincerità sufficiently persuaded of the sincerity
ed universalità dei vostri voti e della and universality of your will, and of
incrollabile fermezza dei propositi the unshakable firmness of your pur-
vostri.
pose.
E dell'interesse e dell'onore di It is to the interest and honor of
queste nobili e valorose provincie, è these noble and valorous provinces,
dell'interesse e dell'onore d'Italia, che and to the interest and honor of Italy
i vostri immutabili divisamenti si that your immutable decisions should
spieghino ancora una volta senza che be again expressed without any possi-
alcun pretesto possa mettersi in campo bility of reproach as to the free mani-
da chicchessia sulla libera manifesta- festation of the popular will, which
zione della volontà del popolo, unica, is the sole legitimate source of all
legittima fonte d'ogni potere civile. civil power. It is to render new hom-
Ed è per rendere nuovo omaggio a age to this great principle, to obviate
1 Le Assemblee, vol. 1, p. 653.
490
DOCUMENTS
questo grande principio, per allonta- the last suspicions of pressure or in-
nare ogni sospetto di pressione o d'in- fluence and to disarm ever watchful
fluenza e disarmare la vigile insistente calumny, that the Government of the
calunnia, che il Governo del Re nella King, in its loyalty, takes from me the
sua lealtà mi ritira quel mandato di mandate which has been so easy for
cui mi rese tanto facile l'esercizio il
me to carry out, thanks to your great
vostro immenso amor patrio, la vos- love of country, your admirable
tra ammirabile saggezza, l'ordine per- sagacity and the perfect order which
fetto costantemente da voi mantenuto. you have constantly maintained.
Non potendo rassegnare all'istante As I cannot at once resign the
questi poteri nelle mani del popolo, power into the hands of the people,
che solo ha diritto a riprenderli, io, who alone have the right to exercise
ritirandomi con le Autorità piemon- it, on retiring with the Piedmontese
tesi, li confido a persona che per ogni authority, I shall resign it into the
rispetto gode meritamente la vostra hands of a person who in all respects
piena fiducia; ...
merits your full trust; . .
Intorno a questo capo provvisorio, So for this provisional head, whom
che unico io scelsi perchè i tempi diffi- I chose only because these difficult
cili richieggono unità di direzione e times require unity of direction and
d'impulso; intorno a questo animoso e initiative, I expect you to rally around
illuminato patriota, l'avvocato Giu- the animated and intelligent patriot,
seppe Manfredi, vostro concittadino, Advocate Guiseppe Manfredi, your
stringetevi tutti, ponendo in cima ai fellow-citizen, holding as the highest
vostri pensieri gl'interessi di queste object of your thoughts the interests
forti provincie, gl'interessi d'Italia che of Italy which anxiously turns her
ansiosamente sopra di voi tiene fisso fixed gaze upon you.
lo sguardo.
Iarma, 8 agosto 1859
PALLIERI.
Parma, August 8, 1859
PALLIERI.
ITALIAN NATIONAL ASSEMBLIES OF 1859
491
Convocation of the People of Parma in Popular Assemblies, for a Plebiscite.
August 8, 1859 1
IN NOME DEL POPOLO DELLE IN THE NAME OF THE PEOPLE
PROVINCIE PARMENSI
OF THE PROVINCES OF
PARMA
IL GOVERNO PROVVISORIO
THE PROVISIONAL GOVERN-
MENT
sito;
L'unanime votazione fattasi nel The unanimous vote cast in 1848
1848 da queste italiane provincie; by these Italian provinces :
La fermezza ammirabile con cui, The admirable firmness with which,
disprezzando le lusinghe ed i terrori di despising the flattery and terrors of a
un Governo instaurato dallo straniero, government established by the for-
costanti si mantennero nel loro propo- eigner, they have nevertheless per-
sisted in their purpose:
Il nobile sacrificio della vita fatto The noble sacrifice of life made by
dai numerosi volontari che allo aprirsi numerous volunteers who at the be-
della guerra accorsero nelle file dell' ginning of the war flocked to the
esercito italiano del leale Re Vittorio ranks of the Italian army of the loyal
Emanuele;
King Victor Emanuel;
La irresistibile manifestazione del The irresistible manifestation of
risentimento popolare, dinanzi a cui the popular wrath before which the
dovette cedere e ritirarsi il caduto fallen Government was obliged to
Governo;
yield and withdraw.
Gli atti con cui rinnovarono l'atto The acts by which were renewed
d'unione gli Anzianati tutti, composti the act of union of the Elders, com-
d'uomini eletti dal Governo caduto; posed of men elected by the fallen
Government;
Le adesioni spontanee di tutti i The spontaneous adhesion of all
Corpi e di tutte le Autorità costituite; Corporations and constituted Author-
ities;
Il giuramento al Re Vittorio Eman- The oath to King Victor Emanuel
uele da tutti i pubblici funzionari pres- given by all public functionaries;
tato;
Le popolari sottoscrizioni che, The popular subscriptions, which
quantunque in pochi centri raccolte, though gathered in only a few places,
raggiunsero in brevi giorni un altis- reached, in a few days, a great num-
simo numero;
ber;
Sono questi altrettanti fatti per cui These are the
the additional facts
1 Le Assemblee, vol. 1, p. 655.
492
DOCUMENTS
una
irremovibile si appalesa il proposito which reveal the firmness of purpose
di queste italiane provincie;
of these Italian provinces : Consider-
Considerando tuttavia che, per ing however, that, to prevent a final
togliere un ultimo pretesto agli eterni protest from our perpetual adver-
nostri avversari e far ancora saries and to reconsecrate the princi-
volta consacrare il principio di unione ple of union by the popular sovereign-
dalla sovranità popolare, unica, leggit- ty, the only legitimate source of all
tima fonte di ogni civile potere, è op- civilized powers, a new and solemn
portuna una nuova solenne votazione vote by universal suffrage is expedi-
col suffragio universale;
ent;
DECRETA:
DECREES:
ART. 1. Le popolazioni delle Pro- ARTICLE 1. That the population
vincie Parmensi sono convocate solen- of the Provinces of Parma are sol-
nemente in comizi il giorno 14 di emnly convoked to the polls on the
questo mese per accettare o respingere 14th day of the month to accept or
il plebiscito seguente:
reject the following plebiscite :
“Le popolazioni delle Provincie “The people of the Provinces of
Parmensi vogliono essere unite al Parma wish to be united to the King-
Regno di Sardegna sotto il Governo dom of Sardinia under the constitui-
costituzionale del Re Vittorio Eman- tional Government of King Victor
liele II.
Emanuel II.'
ART. 2. Sono chiamati a votare
ART. 2. That all the male inhab-
tutti gli abitanti maschi delle Pro- itants of the Provinces of Parma, 21
vincie Parmensi che abbiano l'età di years old, enjoying civil rights, are
21 anni e godano dei diritti civili. summoned to vote.
ART. 3. Ricevuto il presente De- ART. 3. That upon receiving the
creto, i Podestà di ciascun Comune present decree, the Podestà of each
apriranno immediatamente due regis- Commune shall immediately open two
tri in carta libera, l'uno di accetta- registers, one for acceptation, the
zione, l'altro di rifiuto del plebiscito. other for refusal of the plebiscite.
Nelle 48 ore del ricevimento del De- Within 48 hours of receiving the de-
creto stesso, i pretori o loro supplenti cree, the praetors, with their assist-
si trasferiranno ai capiluoghi dei ants, shall transfer themselves to the
Comuni della loro giurisdizione per chief town of the communes of their
invigilare e render certa la formazione jurisdiction to watch over and render
e l'aprimento dei registri.
certain the installment of the registers.
In caso d'impedimento o d'assenza In case of obstacles or in the ab-
del Podestà, i pretori delegheranno o sence of the Podestà, the praetors
un consigliere comunitativo o un no- shall delegate either a councillor or a
tabile del Comune a farne le veci. notable of the Commune to take his
place.
ITALIAN NATIONAL ASSEMBLIES OF 1859
493
Art. 4. I registri dal 14 a tutto il ART. 4. That the registers shall
21 di questo mese rimarranno aperti remain open from the 14th to the 21st
nell'Ufficio podestariale dalle ore 8 del instant in the office of the Podestà,
mattino alle 6 della sera.
from 8 A.M. to 6 P.M.
I cittadini scriveranno o faranno The citizens shall write, or in case
scrivere, caso che non sapessero, il they cannot write, shall cause to be
voto rispettivo sopra uno dei registri, written, their respective wishes upon
con menzione del loro nome e cog- one of the registers, giving their
nome.
names and surnames.
ART. 5. Spirato il termine stabil- ART. 5. At the end of the time
ito nell'articolo precedente, entro 24 stated in the preceding article, with-
ore al più tardi sarà constatato il nu- in 24 hours at the latest, the number
mero dei voti espressi, e ciascun regis- of votes shall be examined, and each
tro verrà chiuso e trasmesso dall'uffi- register shall be closed and trans-
ciale depositario all'Intendente gener- initted by the official depositary to the
ale o Intendente della Provincia. La Intendent General or the Intendent of
numerazione dei voti, la chiusura e la the Province. The counting of the
trasmissione dei registri tenuti dai votes, the closing and transmission of
Podestà sarà invigilata dai pretori. the registers held by the Podestà shall
be supervised by the praetors.
ART. 6. Una Commissione com- Art. 6. A Commission composed,
posta, in Parma, Piacenza, Pontre- in Parma, Piacenza, Pontremoli and
moli e Borgotaro, del presidente e del Borgotaro, of the President and of
regio procuratore dei Tribunali civili the Attorney General of the civil and
e correzionali rispettivi e del notaio correctional courts respectively, and
più anziano del luogo; e in Borgo of the eldest notary of the place; and
San Donnino, del vice-presidente e del in Borgo San Donnino, of the Vice-
regio vice-procuratore del Tribunale President and of the Assistant Attor-
civile e correzionale di Parma e del
ney General of the civil and correc-
notaio più anziano del luogo, farà im- tional courts of Parma and the eldest
mediatamente l'enumerazione dei voti notary of the place, shall count at once
espressi in ciascuna Provincia. Il the votes of each province. The re-
risultato delle operazioni sarà tras- sult shall be carefully transmitted to
messo col mezzo più sollecito al presi- the President of the Supreme Court
dente della Corte Suprema di revi- of Revision.
sione.
ART. 7. La numerazione generale Art. 7. The general counting of
dei voti si farà in Parma da una Com- votes shall be made in Parma by a
missione composta del presidente e Commission composed of the Presi-
del regio procuratore generale presso dent and Royal Attorney General of
la Corte Suprema di revisione, dell'- the Supreme Court of Revision, of
494
DOCUMENTS
archivista dello Stato in Parma, del the Keeper of the State Archives of
presidente e del segretario della Ca- Parma, of the President and of the
mera notarile in Parma.
Secretary of the Chamber of Notaries
Il risultato sarà reso noto dalla in Parma. The result shall be made
Commissione stessa.
public by the Commission.
Art. 8. Le spese fatte dalla Am- ART. 8. The expenses of the Com-
ministrazione comunale e dai pretori o munal Administration, of the praetors
altri funzionari o impiegati saranno and other functionaries or employees
pagate, dietro dichiarazione degli shall be paid upon statement of the
stessi, dagli esattori delle contribu- aforesaid, by the collectors of the
zioni dirette in ciascuna Provincia, direct taxes in each Province, subject
salvo il riconoscersi la legittimità delle to the correction of the expenses by
spese stesse dalla Camera dei conti. the Chamber of Accounts.
Parma, 8 agosto 1859.
Parma, August 8, 1859.
MANFREDI.
MANFREDI.
Convocation of the Electoral Constituencies for the Election of Deputies to a
Representative Assembly. August 30, 1859 1
GOVERNO NAZIONALE DELLE
PROVINCIE MODENESI
E PARMENSI
THE NATIONAL GOVERN-
MENT OF THE PROV-
INCES OF MODENA
AND PARMA
IL DITTATORE
THE DICTATOR
1:1
Veduto l'articolo 7 del decreto in In view of Article 7 of the decree
data del 19 agosto volgente, col quale dated August 19th, which orders that
è disposto che entro il 29 dello stesso by the 29th instant the lists of the
mese debbono essere terminate le liste political electors of the provinces of
degli elettori politici nelle provincie Parma should be finished.
parmensi,
DECRETA:
DECREES:
ART. 1. I Collegi elettorali per la ARTICLE 1. The Electoral Col-
nomina dei deputati all'Assemblea dei leges for the election of Deputies to
rappresentanti del popolo nelle pro- the Assembly of Representatives of
vincie parmensi sono convocati pel di the People of the Provinces of Parma
4 del prossimo venturo mese di set- are convened for the 4th of next Sep-
tembre.
tember.
ART. 2. L'Assemblea è convocata Art. 2. The Assembly is con-
1 Le 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
495
in Parma pel dì 7 del mese di settem- vened in Parma for the 7th day of
bre suddetto.
September.
ART. 3. Il Direttore dell'interno ART. 3. The Director of the In-
nelle provincie parmensi è incaricato terior of the Provinces of Parma is
dell'esecuzione del presente decreto. charged with the execution of the
present decree.
Dato a Parina, li 30 agosto 1859 Given at Parma, August 30th, 1859.
FARINI.
FARINI.
Il Direttore dell'interno
Director of the Interior,
ARMELONGHI
ARMELONGHI
Decree of the Representative Assenibly of the States of Parma Dethroning
the House of Bourbon. September 11, 1859 1
L'ASSEMBLEA
THE ASSEMBLY
dichiara che la dinastia Borbonica declares that the Bourbon Dynasty
non può restituirsi in questi Stati can not be restored in these States
senza conculcare i diritti di questi without trampling upon the rights of
popoli, senza offesa al sentimento na- this people, without offending the na-
zionale, senza pericolo di nuove e più tional sentiment, without danger of
grandi commozioni per tutta Italią. new and greater uprisings in all Italy.
Dichiara per ciò non potere, nè richia- For this reason it is declared that the
marsi nè riceversi la dinastia Bor- Bourbon Dynasty can not be recalled
bonica a regnare nuovamente sulle or taken back to reign again over the
Provincie Parmensi.
Provinces of Parma.
Decree of the same Assembly for Union with the Constitutional Kingdom of
Sardinia. September 12, 1859 2
L'ASSEMBLEA DEI RAPPRE-
SENTANTI DELLE PRO-
VINCIE PARMENSI:
THE ASSEMBLY OF THE
REPRESENTATIVES OF
THE PROVINCES
OF PARMA:
Veduti gli atti di dedizione di queste
provincie al Regno Sardo nell'anno
1848;
In view of the dedicatory acts of
these Provinces to the Kingdom of
Sardinia in 1848;
1 Le 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
DOCUMENTS
Vedute le recenti unanimi delibera- In view of the recent unanimous
zioni dei Municipi dello Stato; deliberations of the Municipalities of
this State;
Veduto il risultamento della vota- In view of the result of the direct
zione diretta universale delle popola- and universal vote of the population
zioni di queste provincie per la aggre- of these provinces for their union
gazione loro al Regno di Sardegna; with the Kingdom of Sardinia;
Conferma e proclama l'unione delle Confirms and proclaims the union
Provincie Parmensi al Regno costi- of the Provinces of Parma with the
tuzionale della dinastia di Savoia. 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 1
SIRE!
SIRE!
Il Corpo municipale di Milano è The Municipal Body of Milan is,
orgoglioso d'usare uno de suoi più proud to exercise one of its most
preziosi privilegi, quello d'essere l'in- precious privileges, that of being the
terprete naturale de'suoi concittadini natural interpreter of its fellow citi-
nelle circostanze straordinarie, quan- zens in these extraordinary circum-
do la vita politica e la comunale si stances, in which the political and the
confondono e si completano a vicenda, communal life so mingle and complete
per testimoniare alla Maestà Vostra each other, and to attest to Your Maj-
l'unanime voto della popolazione. esty the unanimous desire of the
population.
Essa vuol rinnovare il patto del 48 It is their desire to renew the pact
e riproclamare in cospetto della Na- of 1848 and to proclaim again before
zione un fatto politico che undici anni the Nation a political fact which
di fidente aspettazione e d'intemerata eleven years of faithful waiting and
lealtà avevano maturato in tutte le in- of fearless loyalty have brought to
telligenze e in tutti i cuori. L'annes- maturity in all minds and in all
sione della Lombardia al Piemonte fu hearts. The annexation of Lom-
proclamata stamane quando ancora le bardy to Piedmont was proclaimed
artiglierie del nemico potevano ful- this morning while yet the enemy
minarci e suoi battaglioni sfilavano artillery might have been turned upon
1 Le Assemblee, vol. 1, p. 263.
ITALIAN NATIONAL ASSEMBLIES OF 1859
497
sulle nostre piazze. Siffatta unione è us and while their battalions were
il primo passo sulla via del nuovo marching across our squares. Such
diritto pubblico che ridona alle nazioni a union is the first step on the path
l'arbitrio di sè medesime. L'eroico
L'eroico of a new public law which gives back
esercito di Vostra Maestà e quello del to the nations the arbitrament of
generoso vostro Alleato, che proclamò their own destinies.
The heroic army
che l'Italia dev'essere libera dall'Alpi of Your Majesty and that of Your
sino all'Adriatico, compiranno in generous Ally, who proclaimed that
breve la magnanima impresa.
Italy should be free from the Alps to
the Adriatic, will shortly complete the
magnanimous enterprise.
Gradite intanto, Sire, l'omaggio Until then, Sire, accept the hom-
che la città di Milano vi manda per age which the city of Milan tenders
mezzo nostro, e credete che una è la you through us, and be assured that
voce che esce da tutti i cuori, uno il there is but one voice speaking from
grido nostro: Viva il Re! Viva lo all hearts, but one cry: “ Long live
Statuto! Viva l'Italia!
the King! Long live the Constitu-
tion! Long live Italy!”
Milano, il 5 giugno 1859.
Milan, June 5, 1859.
Gli assessori municipali: ALBERTO Municipal Assessors: ALBERTO DI
DI HERRA — MASSIMILIANO DE LEVA HERRA MASSIMILIANO DE LEVA
FRANCESCO MARGARITA GIO- FRANCISCO MARGARITA - GIOVANNI
VANNI UBOLDI DE CAPEI FABIO UBOLDI DE CAPEI FABIO BORELLI
BORETTI ACHILLE ROUGIER — ACHILLE ROUGIER - SILVA, Sec-
SILVA, segretario.
retary.
The Communal Council of Milan Ratifies the Vote of the Municipal
Congregation. June 6, 1859
1
Radunatisi oggi in via d'urgenza il The Communal Council of the city
Consiglio comunale di questa città, ed summoned to-day in haste and in-
informato delle disposizioni prese formed of the resolution taken by the
dalla Congregazione municipale in Municipality in consequence of the
conseguenza degli attuali straordinari extraordinary events which have
eventi, il medesimo ha prese per ac- transpired, has adopted by acclama-
clamazione le seguenti deliberazioni, tion the following resolutions, of
di cui la prima e la seconda fra le which the first and the second were
grida unanimi da parte dei numerosi given with the unanimous acclama-
i Le Assemblee, vol. 1, p. 264.
498
1
DOCUMENTS
intervenuti di: Viva il Re! Viva tions of the great number of those
l'Italia! e Viva l'Imperatore Napo- who attended: "Long live the King!
leone!
Long live Italy! and Long live the
Emperor Napoleon!”
I. Il Consiglio comunale approva
I. The Communal Council ap-
l'operato della Congregazione munici- proves the action of the Municipality
pale e fa proprio l'indirizzo di omag- and sanctions the address of homage
gio da lei spedito a S. M. il Re Vit- sent by it to H. M. King Victor
torio Emanuele II, incaricandola di Emanuel II, instructing the congrega-
far pervenire alla lodata M:S. un tale tion to send to Your Majesty a simi-
voto della civica rappresentanza. lar vote passed by the representatives
of the citizens.
Milano, 6 giugno 1859.
Milan, June 6, 1859.
Proclamation of Victor Emanuel to the People of Lombardy
1
Milano, 9 giugno 1859.
June 9, 1859.
POPOLI DI LOMBARDIA !
PEOPLE OF LOMBARDY!
La vittoria delle armi liberatrici mi The triumph of the armies of liber-
conduce fra Voi.
ation brings me amongst you.
Ristaurato il diritto nazionale, i The national right restored, your
Vostri voti raffermano l'unione col votes have reaffirmed the union with
mio regno, che si fonda nelle guaren- my kingdom, which is founded on the
tigie del vivere civile.
guarantees of civilized life.
Dal Quartiere Generale principale
in Milano
From the General Headquarters at
Milan.
VITTORIO EMANUELE.
VICTOR EMANUEL.
1 Zini, Storia d'Italia, vol. 2, pt. 2, p. 157.
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" 1
1 ار
Foreign Office, January 15, 1860.
MY LORD:
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 Emperor 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 1
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 2
Paris, le 24 février, 1860.
M. LE BARON,
Paris, February 24, 1860.
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
DOCUMENTS
1
celle qui se concilie le mieux avec les tions the one best suited to the press-
circonstances pressantes du moment, ing circumstances of the moment and
et les convenances d'un avenir plus the prospects of a calmer future, it
calme, on arrive à reconnaître qu'il will be admitted that it is high time
est grand temps de s'arrêter à une to agree on a combination that may
combinaison que l'on puisse offrir à be offered to Europe with some
l'agrément de l'Europe, avec quelque chance of being accepted, and which
chance de la lui faire accepter, et qui would preserve to Sardinia the full
conserverait à la Sardaigne l'entier exercise of the normal influence which
exercice de l'influence normale qu'elle she has a right to claim in the Penin-
a le droit de revendiquer dans la Pé- sula
ninsule.
Cette combinaison, dans l'opinion Such a combination, in the opinion,
mûrement pesée du Gouvernement de maturely weighed, of the Government
l'Empereur, serait la suivante :
of the Emperor, is as follows:
1. Annexion complète des Duchés 1. Complete annexation of the
de Parme et de Modène à la Sar- Duchies of Parma and Modena to
daigne.
Sardinia.
2. Administration temporelle des 2. Temporal administration of the
Légations de la Romagne, de Ferrare, Legations of the Romagna, of Fer-
et de Bologne, sous la forme d'un rara, and Bologna, under the form of
Vicariat exercé par Sa Majesté Sarde a Vicariat exercised by His Sardinian
au nom du Saint Siége.
Majesty, in the name of the Holy
See.
3. Rétablissement du Grand Duché 3. Re-establishment of the Grand
de Toscane dans son autonomie poli- Duchy of Tuscany in its political and
tique et territoriale.
territorial autonomy.
Dans cet arrangement l'assimilation In this arrangement, the assimila-
bornée à la Lombardie, et aux Duchés tion confined to Lombardy and to the
de Parme et de Modène, ne serait plus Duchies of Parma and Modena would
une oeuvre à laquelle la Sardaigne no longer be a work to which Sar-
serait tenue de consacrer exclusive- dinia would be bound to devote all her
ment tous efforts; le Cabinet de Turin efforts exclusively; the Turin Cabinet
conserverait sa liberté d'action et would preserve its liberty of action
pourrait l'employer à consolider aussi, and might exercise it in establishing
pour sa part, la tranquillité en Italie, also, for its part, tranquillity in Italy,
pendant qu'il organiserait solidement while organizing firmly in a compact
en un Royaume compact, les terri- kingdom the territories added to the
toires ajoutés aux possessions hérédi- hereditary possessions of King Victor
taires du Roi Victor Emanuel.
Emanuel.
Le Vicariat s'accorderait
The Vicariat would be in harmony
avec
TUSCANY AND EMILIA, 1860
503
l'esprit municipal qui est une tradi- with the municipal spirit which is a
tion séculaire dans les Romagnes, secular tradition in the Romagnas, as
comme avec l'influence naturelle que well as with the natural influence
doit désirer exercer la Puissance deve- which the Power ought to wish to
nue maîtresse de la plus grande partie exercise that has become mistress of
du bassin du Po.
the greater portion of the valley of
the Po.
Ce que j'ai dit, M. le Baron, de la What I have said, M. le Baron, of
nécessité de prévenir les dangers aux- the necessity of anticipating the dan-
quels la Sardaigne se trouverait ex- gers to which Sardinia might be ex-
posée, si elle poursuivait d'autres posed if she sought further aggran-
agrandissements, s'applique plus par- dizements, is more particularly ap-
ticulièrement à la Toscane. L'idée plicable to Tuscany. The idea of the
de l'annexion du Grand Duché, c'est-
, annexation of the Grand Duchy, that
à-dire, de l'absorption dans un autre is to say, the absorption in another
Etat d'un pays doté d'une si belle et State of a land gifted with so beauti-
si noble histoire, et si attaché jusqu'ici ful and so noble a history, and so at-
à ses traditions, ne peut parvenir as- tached, hitherto, to its traditions, can-
surément que d'une aspiration dont il not assuredly emanate except from an
est impossible au Gouvernement de aspiration, the danger of which it is
l'Empereur de méconnaître le danger, impossible for the Government of the
et qu'il est loin de croire partagée par Emperor to disown, and which it is
la masse de la population. Cette as- far from believing to be shared by the
piration il ne faut pas s'y tromper, mass of the population. That aspira-
quelles que soient aujourd'hui, je n'en tion, there must be no delusion, what-
doute pas, les intentions correctes du ever may be at the present moment, I
Gouvernement de Sa Majesté Sarde, doubt not, the correct intentions of
révèle, de la part de ceux qu'elle en- the Sardinian Government, reveals on
traîne, une arrière-pensée de guerre the part of those whom it carries
contre l'Autriche pour la conquête de along with it an arrière-pensée of a
la Vénétie, et une arrière-pensée, sinon war against Austria for the conquest
de révolution, tout au moins de me- of Venetia, and an arrière-pensée, if
nace pour la tranquillité des Etats du not of revolution, at least of menace
Saint Siège, et du Royaume des Deux for the tranquillity of the States of
Siciles. L'opinion ne s'y tromperait, the Holy See and of the Kingdom of
ni en Italie ni ailleurs, et les questions the Two Sicilies. Public opinion
qu'il s'agit d'apaiser ne feraient que would not be deceived in Italy or else-
se rouvrir avec une violence nouvelle. where, and the questions which it is
our object to settle, would only be re-
opened with fresh violence.
>
504
DOCUMENTS
Le Gouvernement de l'Empereur, The Government of the Emperor,
sans se dissimuler les difficultés qui without overlooking the difficulties
resteraient à résoudre pour aniener le which would remain to be overcome
triomphe de la situation, à laquelle, si to secure the triumph of the solution
le Cabinet de Turin y adhérait, il con- to which, if the Turin Cabinet would
sacrerait ses efforts les plus éner- assent, it would devote its most ener-
giques et les plus persévérantes, à la getic and persevering efforts, enter-
confiance que ces difficultés ne seraient tains the confidence that those diffi--
pas insurmontables. Certain d'ail- culties would not be insurmountable.
leurs d'opérer sur une base de nature Certain, moreover, of operating upon
à satisfaire complètement la France et a basis of a nature to satisfy com-
la Sardaigne, à pacifier l'Italie pour pletely France and Sardinia, to pacify
une longue période, et enfin à ne con- Italy for a long period, and finally.
trarier d'une façon trop absolue aucun not to clash in too absolute a manner
des intérêts que l'Europe a le droit et with any of the interests which Eu-
le devoir de placer moralement sous la rope has the right and duty morally to
sauvegarde, le Gouvernement de Sa watch over, the Government of His
Majesté non seulement n'hésiterait Majesty would not only not hesitate
pas à s'engager à prendre dans une
to engage to take, in a Conference or
Conférence ou dans un Congrès la Congress, the defence of such an ar-
défense d'une semblable combinaison, rangement, but it would proclaim it
mais il la proclamerait comme étant as unassailable, in its eyes, by foreign
inattaquable, à ses yeux, par une inter- intervention. In this hypothesis,
vention étrangère. Dans cette hypo- then, Sardinia would be sure of hav-
thèse donc, la Sardaigne serait sure ing us with her and behind her. You
de nous avoir avec elle, et derrière are authorized to declare this formal-
elle. Vous êtes autorisé à déclarer ly to Count Cavour.
formellement à M. le Comte de Ca-
vour.
Ai-je besoin maintenant, M. le Do I need now, M. le Baron, very
Baron, de bien longs détails pour ex- long details to explain what would be
pliquer quelle serait notre attitude si our attitude if the Turin Cabinet, free
le Cabinet de Turin, libre dans son in its option, should prefer to run all
option, préférait courir tous les the risks which I have pointed out
hasards que j'ai signalés en le con- while advising it to avoid them? The
jurant de les éviter? L'hypothèse hypothesis in which the Government
dans laquelle le Gouvernement de Sa of His Sardinian Majesty would have
Majesté Sarde n'aurait qu'à compter to rely only on its own forces develops
sur ses seules forces, se développe, en itself, so to say, naturally, and it
quelque sorte, d'elle-même, et il me would be painful for me to dwell upon
serait pénible de m'y appesantir. Je it.
Je it. I therefore confine myself to say-
TUSCANY AND EMILIA, 1860
505
me borne donc à vous dire, par ordre ing, by the Emperor's orders, that we
de l'Empereur, que nous ne consen- would not consent, at any price, to
tirions à aucun prix à assumer la res- take upon ourselves the responsibility
ponsabilité d'une pareille situation. of such a situation. Whatever may
Quelles que soient ses sympathies pour le his sympathies for Italy, and espe-
l'Italie, et notamment pour la Sar- cially for Sardinia, which has mingled
daigne, qui a mêlé son sang au nôtre, its blood with ours, His Majesty
Sa Majesté n'hésiterait pas à témoig- would not hesitate to evince his firm
ner de sa ferme et irrévocable résolui- and irrevocable resolve to take the in-
tion de prendre les intérêts de la terests of France as the sole guide of
France pour guide unique de sa con- his conduct.
duite. .
Je ne terminerai pas cette dépêche, I shall not conclude this despatch,
M. le Baron, sans vous dire quelques M. le Baron, without saying a few
mots de la Savoie et du Comté de words respecting Savoy and the
Nice. Le Gouvernement de l'Em- County of Nice. The Government of
pereur a regretté la discussion préma- the Emperor has regretted the pre-
turée et inopportune dont cette ques- mature and inopportune discussion of
tion a été l'objet de la part des jour- this question in the public journals:
naux, mais il ne saurait ne pas la but it cannot refrain from taking it
prendre pour l'expression d'une opi- as the expression of an opinion which
nion qui se fortifie chaque jour et avec daily gains in strength, and with
laquelle il lui faut compter. Des tra- which it must deal. Historical tradi-
ditions historiques qu'il est inutile de tions, which it is needless to recall,
rappeler ont accrédité l'idée que la for- lave accredited the idea that the
mation d'un Etat plus puissant au formation of a more powerful State
pied des Alpes serait défavorable à at the foot of the Alps would be un-
nos intérêts, et bien que dans la com- favourable to our interests; and al-
binaison développée dans cette dépêche though, in the arrangement developed
l'annexion de tous les Etats de l'Italie in this despatch, the annexation of all
Centrale à la Sardaigne ne fût pas the States of Central Italy to Sardinia
complète, il est certain qu'au point de should not be complete, it is certain
vue des relations extérieures, elle that in the point of view of external
équivaudrait en réalité à un résultat relations it would be equivalent, in
analogue. Les mêmes prévisions, si reality, to an analogous result. The
éloignées qu'elles soient assurément, same provisions, however distinct they
réclament les mêmes garanties, et la may actually be, claim the same guar-
possession de la Savoie et du Comté antees; and the possession of Savoy
de Nice, sauf les intérêts de la Suisse, and of the County of Nice, with a
que nous désirons toujours prendre reservation for the interests of
en considération, se présente aussi à Switzerland, which we always desire
506
DOCUMENTS
nous, dans cette hypothèse, comme to take into account, also presents it-
une nécessité géographique pour la self to us in that hypothesis as a geo-
sûreté de nos frontières. Vous de- graphical necessity for the safety of
vrez appeler sur ce point l'attention de our frontiers.
M. Comte de Cavour, mais vous lui You must, therefore, call the at-
déclarerez, en même temps, que nous tention of Count Cavour to this point;
ne voulons pas contraindre la volonté but you will state to him, at the same
des populations, et que le Gouverne- time, that it is not our wish to con-
ment de l'Empereur, en outre, ne man- strain the will of the populations, and
querait pas, lorsque le moment lui that the Government of the Emperor,
paraîtrait venu, de consulter préala- moreover, would not fail, when the
blement les Grandes Puissances de moment should appear to it to have
l'Europe, afin de prévenir une fausse arrived, to consult first the Great
interprétation des raisons qui diri- Powers of Europe, so as to prevent a
geraient sa conduite.
false interpretation of the reasons that
would direct its conduct.
Vous voudrez bien lire cette dépêche You will please read this despatch
à M. le Comte de Cavour, et lui en to Count Cavour, and leave him a
remettre une copie.
copy.
Agréez, &c.
I beg, etc.
(Signé) THOUVENEL.
(Signed) THOUVENEL.
Dispatch of Cavour to the Governors of Emilia and Tuscany, Concerning the
Proposition made by the French Government 1
A S. E. il signor barone Ricasoli, To H. E. Baron Ricasoli, President
Presidente del Governo della Toscana, of the Tuscan Government, Florence;
Firenze; ed a S. E. il sig. cav. Farini, and to H. E. Cav. Farini, Governor
Governatore delle Provincie dell of the Provinces of Emilia, Modena.
Emilia, Modena.
Torino, li 29. Febbraio 1860.
Turin, February 29th, 1860.
ECCELLENZA,
EXCELLENCY:
Il barone di Talleyrand, per ordine Baron Talleyrand, by order of the
del Governo di Francia, mi ha dato French Government, gave me yester-
ieri lettura e copia del dispaccio che day the text and copy of the dispatch
mi pregio di comunicare qui unito which I have the honor to remit to
alla E. V. Esso contiene l'esposizione Your Excellency, here enclosed. It
delle idee dell'Imperatore dei Fran- contains a statement of the ideas of
1 Zini, v. II, pt. 2, document No. 259 C.
TUSCANY AND EMILIA, 1860
507
un
cesi intorno all'assetto da darsi alle the French Emperor regarding the
cose dell'Italia centrale, idee che si form to be given to the affairs of Cen-
riassumono nelle tre proposizioni tral Italy, ideas summed up in the
seguenti;
three following propositions:
I Ducati di Parma e Modena ver- The Duchies of Parma and Mo-
rebbero immediatamente riuniti al dena would be immediately united to
Piemonte senza interrogare nuova- Piedmont without again consulting
mente il suffragio popolare.
the popular vote.
Le Romagne formerebbero
The States of Romagna would be
Vicariato posto sotto l'alta sovranità formed into a Vicariate placed under
della S. Sede, e governate da S. M. the high sovereignty of the Holy See,
che assumerebbe tosto l'amministra- and governed by H. M. who would
zione.
assume at once the administration.
La Toscana poi sarebbe costituita Tuscany would be made into a
in regno separato sotto un principe separate Kingdom, under a Prince
liberamente eletto dalla popolazione. freely elected by the people.
Il Governo Francese non esprime The French Government does not
alcuna preferenza intorno alla scelta express any preference regarding the
del futuro sovrano, ma da verbali ed choice of the future sovereign, but
autentiche assicurazioni mi consta che from verbal and authentic informa-
la elezione di un Principe di Casa Sa- tion I am assured that the election of
voia non incontrerebbe per parte della a Prince of the House of Savoy would
Francia opposizione alcuna.
meet with no opposition on the part
of France.
Dopo aver presi gli ordini di S. M., After having taken his Majesty's
ho risposto al barone di Talleyrand, orders, I replied to Baron Talleyrand,
che il Governo del Re dal canto suo that the Government of the King of-
non moveva difficoltà contro il divi-
fered no difficulty in the way of the
sato assestamento, e che, trasmettendo proposed adjustment, and that, sub-
ai Governi della Toscana e dell'Emilia mitting the above mentioned proposi-
le proposizioni sovraesposte,
le tions to the Governments of Tuscany
avrebbe confidate al senno degli and Emilia, I entrust them to the good
uomini che reggono la cosa pubblica sense of the men who manage public
in quei paesi.
affairs in those countries.
A questo fine io mi rivolgo all'E. V. To this end I turn to Your Excel-
ed io non dubito che il Governo della lency and I do not doubt that the
Toscana (della Emilia) nel prendere Government of Tuscany (of Emilia)
notizia dell'annesso documento, con- in taking notice of the enclosed docu-
sidererà che i consigli dati alla Tos- ment, will consider that the advice
cana (Emilia) provengono dal ge- given to Tuscany (Emilia) comes
neroso alleato a cui l'Italia è in gran from the generous ally to whom Italy
508
DOCUMENTS
parte debitrice dei nuovi destini a cui is in great part indebted for the new
è chiamata.
destinies to which she is called.
Quindi è che mentre il dispaccio del Therefore, while the dispatch of
Gabinetto Francese non dev'essere the French Cabinet should not be sub-
fatto di pubblica ragione, sarà peral- mitted to the public, it would, how-
tro conveniente che non si ignori dal ever, be desirable not to keep the
pubblico l'origine delle proposte che public in ignorance of the origin of
le trasmetto.
the proposals which I transmit to you.
Io non dissimulo tuttavia che nè I realize, however, that neither you
ella, nè i suoi colleghi non vorranno nor your colleagues would wish to as-
togliere sopra di sè la responsabilità sume the responsibility of a definite
di una deliberazione terminativa senza decision without consulting again the
consultare nuovamente la Nazione che, Nation which had already manifested
per mezzo dell'Assemblea a ciò eletta, their votes, by means of an Assembly
già aveva manifestati i suoi voti.
elected for that purpose.
In contemplazione di un tale evento, In consideration of such an event,
S. M. il Re, riconoscendo l'oppor- H. M. the King, recognizing the ad-
tunità di un nuovo voto, lascia all'E. visability of a new vote, leaves Your
V. piena balia intorno al modo d'in- Excellency full powers regarding the
terrogare la volontà delle popolazioni, way of interrogating the will of the
e si affida che il Governo porrà ogni population, and trusts that the Gov-
cura affinchè, come pel passato, le ernment will use all possible care, as
elezioni si compiano con tutta lealtà in the past, that the elections shall be
e sincerità.
held with loyalty and sincerity.
Qualunque sia per essere il risul- Whatever may be the result of this
tato di questo voto, il Governo del Re vote, the King's Government accepts
lo accetta anticipatamente, non avendo it beforehand, never having had any
esso avuto altro intento mai ſuorchè other intention than that of insuring
quello d'assicurare la pace e l'ordina- the peace and reconstruction of Italy,
mento d'Italia, mercè del legittimo according to the legitimate satisfac-
soddisfacimento dei voti dei popoli. tion of the votes of the people.
Gradisca i sensi dell'alta mia con- Please accept the expression of my
siderazione.
highest regard.
C. CAVOUR.
C. CAVOUR.
TUSCANY AND EMILIA, 1860
509
Reply of Ricasoli, Governor of Tuscany 1
A S. E. il conte di Cavour, Presi- To H. E. Count Cavour, President
dente del consiglio dei Ministri ecc. of the Council of Ministers, etc.
Torino.
Turin.
Firenze, 4 marzo 1860.
Florence, March 4, 1860.
ECCELLENZA,
EXCELLENCY:
Ricevo el dispaccio che l’E V. mi I am in receipt of the dispatch
ha fatto l'onore d'indirizzarmi da which Your Excellency has done me
Torino in data del 29 prossimo per- the honor to send me from Turin,
duto Febbraio, contenente l'esposi- under date of the 29th of last Febru-
zione delle idee di S. M. l'Imperatore ary, a letter containing a statement of
dei Francesi intorno all'assetto da the ideas of His Majesty, the Emper-
darsi alle cose dell'Italia centrale. or of the French, concerning the form
to be given to the affairs of Central
Italy.
La Toscana ripugnerebbe certa- Tuscany would most certainly re-
mente a lasciarsi assorbire da un paese sent being absorbed by a heterogenous
straniero eterogeneo, che la volesse foreign country, which aimed to re-
uguagliare a sè in una condizione di duce her to a condition of relative
relativa barbarie; ma più la si reputa barbarity; but the more she considers
avanzata nella civilità, e tenera di herself advanced in civilization, and
questo suo privilegio, e più le si deve proud of her privilege, the more one
supporre l'intelligenza delle condi- must accord to her the knowledge of
zioni atte a custodire e far valere the conditions necessary to preserve
questa sua dote.
and assert these qualities.
Ora per quanto grande sia la de- However great may be the defer-
ferenza che il Governo della Toscana ence which the Tuscan Government
professa e sente di dover professare professes, and feels in duty bound to
per debito di gratitudine verso il go- profess, in gratitude towards the
verno dell'Imperatore dei Francesi e Government of the French Emperor,
verso il Governo di S. M. il Re, tut- and towards the Government of H.
tavia egli confida che l'uno e l'altro M. the King, nevertheless she trusts
facilmente comprenderanno non essere that both the one and the other will
nei suoi poteri accettare per la Tos- easily comprehend that it is not in
cana un assetto differente da quello 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
DOCUMENTS
evidentemente voluto dalla popola- different arrangement from that evi-
zione e deliberato dall'assemblea. dently desired by the population, and
deliberated in the Assembly.
Governo e popolo in Toscana dalle From the repeated assurances con-
replicate assicurazioni contenute negli tained in the official and diplomatic
atti ufficiali e diplomatici del Governo acts of the French Government, the
francese, hanno dovuto trar la cer- Government and the people of Tus-
tezza che rimaneva loro libertà pienis-. cany have accepted it as certain that
sima di disporre di sè e che i loro liberi full liberty remains to them to dis-
voti sarebbero guarentiti contro ogni pose of themselves, and that their free
intervento straniero.
votes would be guaranteed against all
foreign intervention.
L'ultima comunicazione dell'E. V. The last communication of Your
mi trasmetteva le quattro proposizioni Excellency transmitted to me the four
dell'Inghilterra per l'assetto definitivo propositions of England for the final
dell'Italia centrale, e faceva sperare arrangement of Central Italy, and led
che mercè del generoso patrocinio us to hope, that, thanks to the gener-
dell'Imperatore dei Francesi, sortireb- ous patronage of the French Emperor,
bero buon esito.
a good result would follow.
Secondo quelle proposizioni, e presi In accordance with those proposi-
gli opportuni concerti col Governo tions, and having taken the necessary
delle RR. provincie dell'Emilia, venni steps with the Government of the
nella determinazione di accettare Royal Provinces of Emilia, I came to
qualunque forma venisse consigliata the determination to accept whatever
di nuova votazione col fine di consta-
form of suffrage might be advised, in
tare la indole e la veracità dei senti- order to make sure of the inclination
menti di queste popolazioni. Quando and the real sentiments of the people.
questa forma non fosse prima deter- Where this form had not been al-
minata, stabilii d'accordo col Gov- ready determined upon, I decided, to-
ernatore Farini che avremmo scelta gether with Governor
Governor Farini, to
la più larga e la più solenne, quella choose the broader and more solemn
cioè del suffragio universale.
form, that of universal suffrage.
Fra le altre considerazioni che ci Among the other considerations
determinavano a questa scelta, non ul- that determined our choice, not the
tima, nè meno influente nell'animo last nor least influential was the con-
nostro era la considerazione che il sideration that universal
that universal suffrage
suffragio universale doveva essere would be the most acceptable to the
meglio accetto al governo imperiale, Imperial Government, as it is the basis
siccome quello che è la base delle in- of its institutions, and the foundation
stituzioni, e il fondamento della legit- of the legitimacy of the present
timità dell'attuale Impero francese. French Empire.
TUSCANY AND EMILIA, 1860
511
Il tempo dell'applicazione poi ci The opportune time to adopt this
parve opportunamente indicato dal seemed to us to be indicated by the
momento che S. M, il Re convocasse il convocation of the National Parlia-
Parlamento nazionale.
ment by H. M. the King.
V. E. non ignora che fino dal gen- Your Excellency is not in igno-
naio ultimo caduto, i Governi dell’- rance of the fact that last January
Emilia e della Toscana, promulgato the Governments of Emilia and of
lo statuto e la legge elettorale del Tuscany, having promulgated the
regno sardo, prescrissero quindi le Constitution and electoral law of the
operazioni preliminari delle elezioni, Kingdom of Sardinia, afterwards
determinati ad ordinarne il compi- prescribed the preliminary operations
mento quando S. M. le intimasse negli of the elections, determined to order
Stati ereditari ed annessi.
their fulfillment when H. M. should
intimate the same in his hereditary
and annexed States.
Cosi facendo, tutto ci confermava Proceeding thus, everything con-
nell'opinione di essere nel nostro di- firmed our opinion that we were with-
ritto, poichè avevano ordinatamente in our rights, because everything on
proceduto, da canto nostro seguendo our side had proceeded towards an-
la volontà dei popoli da noi amminis- nexation in orderly fashion in accord-
trati, negli atti di annessione, senza ance with the will of the people we
che l'Europa si risolvesse a stringersi administered, unless Europe should
in quel congresso, dove si avevano da resolve to meet in that congress where
discutere le nostre sorti. Era tempo our destiny was to be decided. The
di uscire da una incertezza e da un imperial political language, and prin-
provvisorio pieno d'insidie e di peri- cipally the note of Signor Thouvenel,
coli: il linguaggio della politica im- dated January 31, confirmed our judg-
periale, e principalmente della nota ment that it was time to issue from
del Signor Thouvenel, in data del 31 uncertainty, and from a provisional
gennaio, ci confermava in tali giudizi. state, full of snares and dangers. It
Ci
parve opportuno pertanto di de- seemed opportune to us, meanwhile,
terminare con un'ultima e risolutiva to determine by a last and decisive
prova se questi popoli avessero da proof, if this people were to take part
concorrere alle elezioni del parlamento in the elections to the national parlia-
nazionale; e prescrivemmo col decreto ment, and we prescribed the means.
del primo marzo, di cui ebbi l'onore di
and terms of a new vote by universal
inviar copia all'E. V., i modi e i ter- suffrage and secret ballot by a decree
mini di una nuova votazione per suf- of March 1st, of which I had the
fragio universale e scrutinio segreto. honor to send Your Excellency a
copy.
Posteriormente a questi fatti mi After these events I received the
512
DOCUMENTS
pervenivano le comunicazioni dell’E. communication from Your Excellency
V. colla esposizione delle idee fran- with the statement of the French ideas
cesi sulla questione dell'Italia centrale. upon the question of Central Italy.
Considero come debito della lealtà del I consider it obligatory on the loy-
Governo il divulgare quelle idee fra alty of the Government to publish
i Toscani; e son pago che l'interrogarli these ideas among the Tuscans; and I
che noi facciamo per mezzo del suf- am satisfied that the inquiry which we
fragio universale non contraddica al shall make by means of universal suf-
desiderio dell'Imperatore, verso del frage will not contradict the desire of
quale i titoli della gratitudine di questa the Emperor, towards whom this
come delle altre popolazioni d'Italia and other states of Italy owe a deep
sono molti e grandissimi.
debt of gratitude.
Mentre però mi giova ripetere che While, however, I repeat that the
il Governo Toscano non poteva assu- Tuscan Government could not as-
mere sopra di sè, dirimpetto al man- sume, in face of the absolute mandate
dato assoluto dell'Assemblea, la re- of the Assembly, the responsibility of
sponsabilità di una risoluzione termi- a decisive resolution, I can guarantee
nativa, posso guarentire all'E. V. che Your Excellency, that the full and ab-
sarà mantenuta la piena e assoluta solute freedom of the vote will be
libertà del voto, affinché dall'urna del maintained, in order that from the
suffragio universale pura e schietta ballot urns of universal suffrage the
esca la manifestazione della volontà manifestation of the national will may
nazionale.
issue pure and undefiled.
Potrà l'E. V., se lo crede opportunio, Should you think it worth while,
comunicare queste considerazioni al Your Excellency, you might commu-
barone di Talleyrand, e farne quell'uso nicate these considerations to Baron
che riputerà migliore.
Talleyrand, and make of them what
use you see fit.
Gradisca, Eccellenza, le assicura- Accept, Excellency, the assurances
zioni della mia distintissima consid- of my most distinguished considera-
erazione.
tion.
B. RICASOLI.
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. March 1,
1860 1
REGNANDO S. M. VITTORIO
EMANUELE
IN THE REIGN OF HIS MAJ-
ESTY, VICTOR EMANUEL
IL R. GOVERNO DELLA TOSCANA
TIIE ROYAL GOVERNMENT OF TUSCANY
Visti i decreti del 20 gennaio, coi In view of the decrees of the 20th
quali furono promulgati in Toscana of January, promulgating in Tuscany
lo Statuto Costituzionale e la legge the Constitutional Statute and the
elettorale del Regno di Sardegna; electoral law of the Kingdom of Sar-
dinia;
Visto il decreto di S. M. il Re Vit- In view of the decree of His Maj-
torio Emanuele, col quale sono con- esty the King Victor Emanuel, call-
vocati pel 25 marzo corrente i collegi ing together the electoral colleges for
elettorali al fine di eleggere i deputati the 25th of March instant, to elect
al Parlamento Nazionale:
the deputies to the National Parlia-
ment;
Considerando che prima della ri- Considering the necessity that Tus-
unione del Parlamento Nazionale è cany should be definitively in a settled
necessario che la Toscana abbia un as- position before the meeting of the Na-
setto definitivo;
tional Parliament;
Considerando che l'Assemblea tos- Considering that the Tuscan As-
cana nel dì 20 agosto 1859 deliberò sembly, on the 20th of August, 1859,
con suffragio unanime la unione alla unanimously resolved on union with
Monarchia Costituzionale di Casa Sa- the Constitutional Monarchy of the
voia;
House of Savoy;
Considerando che ad avvalorare i Considering that, with a view to
voti dell Assemblea giova ora il con- rendering available the votes of the
sultare direttamente il popolo toscano Assembly, it is expedient to consult
con ogni ampiezza di forme legali, the Tuscan people directly, with full
ed anche in confronto di un'altra pro- legal forms, and also in view of an-
posta discussa in Europa, mentre si other proposition discussed in Europe,
ha sicurtà che, qualunque sia il voto having the assurance that whatever
popolare, esso sarà rispettato e fatto the popular vote may be, it will be re-
rispettare;
spected, and the respect will be en-
forced ;
1 Le Assemblee, vol. 5, p. 750. Translation froin British Parliamentary Papers, Affairs of
Italy, pt. 3, 1860, vol. 67 (2638), p. 37.
514
DOCUMENTS
Considerando che in questo modo si Considering that in this way all
toglie ogni dubbio all'Europa sulla doubt will be dissipated in Europe,
piena libertà dei voti precedenti, e relative to the complete freedom of
sulla sincerità e costanza della volontà the former votes, and to the sincerity
nazionale;
and firmness of the national will;
In virtù dei poteri conferiti dall’- In virtue of the powers conferred
Assemblea per il compimento dei suoi on the Assembly for carrying its
voti,
wishes into effect,
DECRETA:
DECREES:
Art. 1. Il popolo toscano è solen- ARTICLE 1. The Tuscan people is
nemente convocato nei comizi i giorni solemnly called together in assem-
11 e 12 marzo 1860 per dichiarare la blies on the 11th and 12th days of
sua volontà sulle due seguenti pro- March, 1860, to declare their wishes
poste :
on the two following propositions :
Unione Alla Monarchia Costituzionale Union with the Constitutional Mon-
del Re VITTORIO EMANUELE, archy of King VICTOR EMANUEL
ovvero
Regno Separato
Separate Kingdom
or
Art. 2. Son chiamati a dare il Art. 2. All Tuscans of the full
voto tutti i toscani, che hanno com- age of 21 years, and in the possession
piuti i 21 anni, e che godono dei diritti of civil rights, are called upon to give
civili;
their votes.
ART. 3. I gonfalonieri ed i Col- ART. 3. The mayors and alder-
legi dei priori prima del giorno 11 men shall, previously to the 11th day
marzo formeranno una lista di tutti of March, make out a list of all per-
gli individui domiciliati nella Comu- sons who have been for six months
nità da sei mesi, e che abbiano com- resident in the commune and have
piuti gli anni 21.
completed their 21st year.
A questo effetto invieranno alle For this purpose they shall send
Parrocchie comprese nella respettiva trustworthy persons to the parishes
Comunità persone di loro fiducia per included in their respective communes,
eseguire lo spoglio dei libri dello stato to make abstracts from the parish
di anime di ciascuna Parrocchia. registers of each parish.
Gli acattolici che sono cittadini tos- Non-catholics who are citizens of
cani anderanno personalmente a darsi Tuscany shall go in person to register
in nota all'uffizio comunale del luogo themselves at the communal office of
ove dimorano.
the place where they reside.
Per gli israeliti le Cancellerie delle In regard to Jews, the chanceries
Università trasmetteranno le note of the universities shall transmit
TUSCANY AND EMILIA, 1860
515
degli individui, che si trovano nelle registers of the persons who are en-
condizioni richieste per dare il voto, titled to be electors to the mayors of
ai gonfalonieri delle Comunità nelle the communes where they reside.
quali dimorano.
ART. 4. Coloro che non essendo ART. 4. Persons not entered on
iscritti sulle liste faranno constare di the list, who shall prove that they ful-
avere le condizioni contemplate nell’- fil the conditions required by Article
art. 2, saranno ammessi alla votazione. 2, shall be admitted to vote.
Art. 5. Il suffragio sarà dato per Art. 5. The vote shall be given
schede a scrutinio segreto.
by ticket, by secret ballot.
Art. 6. Lo scrutinio sarà aperto ART. 6. The ballot shall be taken
nel capoluogo di ogni Comunità nei at the chief town of every commune
due giorni sopra indicati 11 e 12 in the two days above mentioned,
marzo dalle ore 8 del mattino sino alle namely, the 11th and 12th days of
5 della sera.
March, from 8 o'clock in the morn-
ing till 5 o'clock in the afternoon.
I gonfalonieri per mezzo di notifi- The mayors shall exhort the citi-
cazioni da affigersi ad ogni Parroc- zens to give their votes by notices
chia ecciteranno i cittadini a rendere posted up in every parish.
il loro voto.
Art. 7. I gonfalonieri hanno fa- Art. 7. The mayors are at lib-
coltà di dividere il collegio in quel erty to divide the college into any
numero di sezioni che crederanno con- number of sections they may consider
veniente.
expedient.
ART. 8. I gonfalonieri incariche- Art. 8. The mayors shall require
ranno cinque consiglieri comunali, o five common councillors, or in default
in mancanza di essi cinque probi cit- thereof, five respectable citizens, to
tadini, di presiedere ciascuna delle preside over each of the sections.
sezioni. Due almeno di questi si tro- Two of them, at least, shall always be
veranno sempre presenti alla vota- present at the voting. They may ob-
zione. Essi potranno farsi assistere tain the assistance of Secretaries ap-
da segretari da loro nominati.
pointed by themselves.
Art. 9. Ogni votante deporrà Art. 9. Every voter shall put into
nell'urna a ciò destinata una scheda the urn provided for the purpose a
manoscritta o stampata esprimente la written or printed ticket expressing
sua volontà in questa formula:
his wishes in this form:
Unione Alla Monarchia Costituzionale Union with the Constitutional Mon-
del Re Vittorio Emanuele ovvero in archy of King Victor Emanuel
quest'altra
Regno Separato.
Separate Kingdom
or
516
DOCUMENTS
Le schede portanti un'altra qual- Tickets in any other form whatever
siasi formula sono nulle.
are null.
Art. 10. Il votante prima di de- Art. 10. The voter, before put-
porre la sua scheda nell'urna dovrà ting his ticket into the urn, shall de-
dichiarare il suo nome e cognome, che clare his name and surname, which
verrà notato da uno dei consiglieri shall be written down by one of the
componenti il Seggio, o dal segretario. councillors composing the Chair, or
by the secretary.
ART. 11. Alle ore
Alle ore 5 pom. del
ART. 11. At 5 o'clock P.M. of
giorno 11 marzo l'urna sarà pubblica- the 11th of March, the urn shall be
mente suggellata dai consiglieri presi- publicly sealed by the councillors pre-
denti l'adunanza, i quali sono respon- siding over the assembly, who are re-
sabili della sua custodia e della integ- sponsible for the custody thereof, and
rità dei sigilli durante la notte.
for the unbroken condition of the
seals during the night.
ART. 12. In ambedue i giorni i ART. 12. The common councillors
consiglieri comunali presidenti l'adu- shall, on both days, make a formal
nanza faranno l'atto verbale dello minute of the voting.
scrutinio.
ART. 13. Chiuso lo scrutinio del ART. 13. When the voting of the
giorno 12 marzo, le urne suggellate 12th day of March is concluded, the
insieme coi processi verbali saranno sealed urns, together with the minutes
accompagnate da due almeno dei con- drawn up, shall be accompanied by
siglieri alla Pretura, nella cui giuris- two, at least, of the Councillors, to
dizione civile è compresa la Comu- the Pretura, in whose civil jurisdic-
nità, e saranno consegnate al pretore, tion the commune is included, and
il quale insieme con essi e pubblica- shall be given over to the praetor, who
mente fa lo spoglio dei voti.
shall, together with them count the
votes in public.
ART. 14. Gli uffiziali, sotto uffi- ART. 14. Officers,
non-commis-
ziali e soldati voteranno nelle ris- sioned officers and privates, shall vote
pettive località alla presenza di un in the respective localities, in presence
Consiglio composto di tre uffiziali of a council composed of three officers
più elevati in grado, e di due uf-
di due uf- of the highest rank, and of the two
fiziali i meno anziani nel grado in- junior officers of the lower rank.
feriore. Chiuso lo scrutinio, l'urna When the voting is concluded, the
suggellata insieme coi processi ver- sealed urn, together with the formal
bali, accompagnata da due uffiziali minutes made, accompanied by two
almeno, sarà trasportata alla Pretura, officers at least, shall be conveyed to
nella cui giurisdizione civile accade la the Pretura in whose jurisdiction the
TUSCANY AND EMILIA, 1860
517
votazione, per gli effetti di che articolo voting has taken place, for the pur-
13.
poses mentioned in Article 13.
Gli uffiziali sotto ufficiali e soldati Officers, non-commissioned officers
che sono in campagna voteranno nel and privates, who may be in cam-
modo stesso. Il risultato dello scru- paign, shall vote in the same manner.
tinio col processo verbale dell'adu- The result of the voting, with the for-
nanza sarà trasmesso dal generale mal minutes of the meeting, shall be
comandante la nona divisione al Pre- sent by the General commanding the
sidente della Corte Suprema di Cassa- Ninth Division to the President of the
zione di Firenze dentro il dì 14 marzo. Supreme Court of Cassation of Flor-
ence, before the 14th day of March.
I RR. carabinieri, i soldati e RR. The Royal Carabineers, the soldiers
guardie di finanza distribuiti in pic- and Royal Guards of the treasury
chetti voteranno alle singole Comu- distributed in pickets, shall vote in the
nità dove risiedono.
several communes where they are
resident.
ART. 15. I pretori trasmetteranno ART. 15. The praetors shall im-
immediatamente il processo verbale da mediately transmit the formal min-
loro firmato, che costata il resultato utes showing the result of the voting,
della votazione, al prefetto o sotto- signed by them, to the prefect or sub-
prefetto del Compartimento, i quali prefect of the district, who shall im-
li trasmetteranno immediatamente al mediately transmit them to the Presi-
Presidente della Corte Suprema di dent of the Supreme Court of Cassa-
Cassazione di Firenze.
tion of Florence.
Art. 16. Il giorno 15 successivo Art. 16. On the following day,
la Corte di Cassazione, ricevuti i pro- the 15th, the Court of Cassation, hav-
cessi verbali portanti i resultati degli ing received the formal minutes show-
scrutini parziali, ne farà lo spoglio ing the results of the several votings,
generale in seduta pubblica coll'assis- shall make out a general result of the
tenza del Pubblico Ministero, e lo tras- whole in public session, with the as-
metterà immediatamente al ministro sistance of the Ministry, and shall
di giustizia e grazia.
transmit the same immediately to the
Minister of Grace and Justice.
Art. 17. Tutte le leggi e discipline ART. 17. All the laws and ordi-
che regolano le convocazioni elettorali nances which regulate the electoral as-
pei Consigli comunali a fine di garan- semblies for the Common Councils,
tire l'ordine e la libertà del voto, sono with the object of insuring order and
applicabili alle convocazioni presenti. the freedom of the ballot, are appli-
cable to the present assemblies.
Art. 18. I ministri dell'interno e ART. 18. The Minister of the In-
518
DOCUMENTS
di giustizia e grazia sono incaricati terior, and the Minister of Grace and
dell'esecuzione del presente decreto. Justice, are charged with the execu-
tion of the present decree.
Dato in Firenze il primo marzo Done at Florence, on the 1st day of
milleottocentosessanta.
March, 1860.
Il presidente del Consiglio dei President of the Council of Min-
ministri e ministro dell'interno
isters, and Minister of the In-
terior,
B. RICASOLI.
B. RICASOLI.
Il ministro della istruzione pub- Minister of Public Instruction,
lica e ministro interino degli and Interim Minister of For-
affari esteri
eign Affairs,
C. RIDOLFI.
C. RIDOLFI.
Il ministro di giustizia e grazia Minister of Grace and Justice,
E. POGGI.
E. POGGI.
Il ministro delle finanze, del con- Minister of Finance, Commerce
mercio e dei lavori pubblici
and Public Works,
R. BUSACCA.
R. BUSACCA.
Il ministro degli affari ecclesiastici Minister of Ecclesiastical Affairs,
V. SALVAGNOLI.
V. SALVAGNOLI.
Il ministro della guerra
Minister of War,
R. CADORNA.
R. CADORNA.
Il segretario generale del Governo General Secretary of the Tuscan
della Toscana
Government,
CELESTINO BIANCHI.
CELESTINO BIANCHI.
V° Per l'apposizione del sigillo Seal affixed :
(Signed)
Il ministro di giustizia e grazia Minister of Grace and Justice,
(L. S.)
E. POGGI.
(L. S.) E. POGGI.
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. March
1, 1860 1
REGNANDO S. M. VITTORIO
EMANUELE II
IN THE REIGN OF HIS MAJESTY Vic-
Tor EMANUEL II
IL GOVERNATORE DELLE
REGIE PROVINCIE DELL'
EMILIA
THE GOVERNOR OF THE
ROYAL PROVINCES OF EMI-
LIA
Visti i decreti dittatoriali coi quali In view of the dictatorial decrees
furono promulgati lo Statuto costi- with which the constitution and the
tuzionale e la legge elettorale del electoral law of the Kingdom of Sar-
Regno di Sardegna nelle Provincie dinia were extended to the provinces
modenesi, parmensi e romagnole; of Modena, Parma and Romagna ;
Visto il decreto di S. M. il Re Vit- In view of the decree of His Maj-
torio Emanuele II, in data 29 feb- esty King Victor Emanuel II of the
braio, col quale sono convocati i Col- date of February 29, by which the
legi elettorali del Regno per eleggere electoral colleges of the Kingdom are
i deputati al Parlamento nazionale; convoked to elect the deputies to the
national Parliament;
Considerando che prima della ri- Considering that before the meet-
unione del Parlamento è necessario ing of Parliament, it is necessary that
che queste Provincie abbiano un as- these provinces come to a definite ad-
setto definitivo;
justment;
Considerando che le Assemblee con- Considering that the assemblies
vocate a Modena, Parma e Bologna convoked at Modena, Parma and
deliberarono a suffragio unanime l'an- Bologna voted unanimously for an-
nessione alla Monarchia costituzionale nexation to the Constitutional Mon-
di Casa Savoia;
archy of the House of Savoy;
Considerando che giova ora il con- Considering that it is well now to
sultare direttamente il popolo con ogni consult the people directly with every
ampiezza di forme legali ed anche in fullness of legal form and also in re-
confronto di un'altra proposta dis- gard to another proposal discussed in
cussa in Europa, mentre si ha sicurità Europe, while we are sure that what-
che, qualunque sia il voto popolare, ever may be the popular vote it will
esso sarà rispettato e fatto rispettare; be respected and will command re-
spect;
Considerando che in questo modo Considering that in this way Eu-
1 Le Assemblee, vol. 1, p. 435.
520
DOCUMENTS
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,
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,
DECRETA:
DECREES:
ovvero
Art. 1. Il popolo di queste Prov- ARTICLE 1. The people of these
incie è solennemente convocato nei provinces are solemnly convened in
Comizi i giorni 11 e 12 marzo 1860 assemblies, on the 11th and 12th days
per dichiarare la sua volontà sulle due of March, 1860, to declare their
seguenti proposte :- Annessione alla wishes as to the two following pro-
Monarchia costituzionale del Re Vit- posals: – Annexation to the Consti-
torio Emanuele II
Regno tutional Monarchy of the King
separato.
Emanuel II — or --- Separate King-
dom.
Art. 2. Sono chiamati
Sono chiamati a dare il Art. 2. All the citizens who have
voto tutti i cittadini che hanno com- completed their 21 years, and who en-
piuti i 21 anni e che godono dei di- joy civil rights are summoned to vote.
ritti civili.
Art. 3. I sindaci o capi del co- ART. 3. The syndics or heads of
mune e le Giunte o Ammistrazioni the communes and the communal
comunali prima del giorno 11 dov- councils or administrations, before
ranno aggiungere alle liste già esis- the 11th, should add to the lists of
tenti degli elettori comunali i nomi di communal electors already existing,
quei cittadini che non vi sono com- the names of those citizens who are
presi e che da sei mesi abbiano il not included in them, and who for six
domicilio nel comune o che vi si tro-
months have had their domicile in
vino per ragione d'impiego.
the commune, or who may find them-
selves there because of employment.
Art. 4. Coloro che, non essendo ART. 4. Those who; not being
iscritti sulla lista, faranno constare di registered on the list, shall prove that
avere le condizioni contemplate negli they have the qualifications mentioned
articoli precedenti, saranno ammessi in the preceding articles, shall be ad-
alla votazione.
mitted to vote.
ART. 5. Gli uffiziali, sotto-uffiziali ART. 5. The officers, non-com-
e soldati voteranno sotto la presidenza missioned officers and soldiers shall
del capo più elevato di grado nel luogo vote under the presidency of the per-
della loro residenza al momento del son of highest rank in the place where
voto. Il risultato di questo scrutinio they are quartered at the time of vot-
TUSCANY AND EMILIA, 1860
521
sarà immediatamente communicato ing. The result of this ballot shall
all'intendente generale della Provincia. be immediately communicated to the
General Intendant of the province.
ART. 6. Il suffragio si darà per ART. 6. The voting shall be by
ischeda a scrutinio segreto.
secret ballot.
ART. 7. Lo scrutinio sarà aperto Art. 7. The polls shall be open
nel capoluogo di ogni comune nei due in the chief place of every commune
giorni suindicati 11 e 12 marzo dalle on the two days indicated above, the
ore 8 del mattino alle 5 della sera. 11th and 12th of March, from eight
o'clock in the morning until five in the
afternoon.
ART. 8. Nei comuni che hanno più ART. 8. In the communes which
di 1,000 elettori i capi del comune have more than a thousand electors,
e le Amministrazioni comunali po- the head of the commune and the
tranno per comodo dei votanti divi- communal administration may, for
derli in sezioni non minori di 500. the convenience of the voters, divide
them into sections of not less than
500.
ART. 9. Le Amministrazioni co- Art. 9. The communal adminis-
munali incaricheranno cinque consi- trations shall appoint five communal
glieri comunali di presiedere ciascuna councillors to preside over each of the
delle sezioni. Tre almeno di questi sections. Three at least of these shall
si troveranno sempre presenti alla vo- always be present at the voting.
tazione. Essi potranno farsi assis- These may be assisted by secretaries
tere da segretari da loro chiamati. of their own choice.
Art. 10. Ogni votante deporrà
ART. 10. Each voter shall place
nell'urna a ciò destinata una scheda in the urn designated for it a ballot,
manoscritta o stampata esprimente la either written or printed, expressing
sua volontà in questa formola : - his wishes in this formula :
Annessione alla Monarchia costitu- Anneration to the constitutional
zionale del Re Vittorio Emanuele II monarchy of King Victor Emanuel II
ovvero in quest'altra -- Regno or in this other Separate King-
separato.
dom.
Le schede portanti un'altra qual- The ballots bearing any other
siasi formola sono nulle.
formula are void.
Art. 11. Il votante, prima di de- Art. 11. The voter, before plac-
porre la sua scheda nell'urna, dovrà ing his ballot in the urn, must de-
dichiarare il suo nome e cognome,
che clare his own name and surname,
verrà notato da uno dei consiglieri which will be noted by one of the
componenti l'uffizio o dal segretario. councillors in office, or by the secre-
tary.
522
DOCUMENTS
ART. 12. Alle ore 5 del giorno 11 Art. 12. At five o'clock on March
l'urna sarà pubblicamente suggellata 11th, the urn shall be publicly sealed
dai consiglieri presidenti l'adunanza, i by the councillors presiding over the
quali sono responsabili della sua cus- assembly, who are responsible for its
todia e della integrità dei sigilli. safe keeping and for the integrity of
the seals.
ART. 13. Chiuso lo scrutinio dal Art. 13. The polls having been
giorno 12, le urne suggellate saranno closed on March 12th, the sealed urns
portate da due almeno dei consiglieri shall be carried by at least two of the
al capoluogo di mandamento e con- councillors to the chief place of the
segnate al giudice, pretore o giusdi- district and given over to the judge,
cente, il quale insieme con essi e pub- praetor or justice, who together with
blicamente ne fa lo spoglio.
them and publicly shall make the
count.
Art. 14. I giudici, pretori o gius- ART. 14. The judges, praetors
dicenti trasmetteranno immediata- and justices shall at once transmit to
mente il processo verbale, da loro for- the Intendant General of the Province
mato, che constata il risultato della the formal minute drawn up by them
votazione all'intendente generale della which shall state the result of the vote.
provincia.
ART. 15. Il giorno 14 le Corti di ART. 15. On the
On the 14th day of
cassazione o Tribunali di revisione March the Courts of Appeal, or
esistenti in Bologna, Modena e Parma, Tribunals of Revision, existing in
ricevuti dagli intendenti generali delle Bologna, Modena and Parma, having
Provincie che sono nella loro giuris- received from the Intendants General
dizione i processi verbali portanti i of the provinces which are in their
risultati degli scrutini parziali, ne fa- jurisdiction formal minutes containing
ranno lo spoglio generale in seduta the results of the partial votes, shall
pubblica e li trasmetteranno al Min- make the general count in a public
istero di grazia e giustizia.
place and shall transmit the result to
the Minister of Grace and Justice.
ART. 16. Le leggi e discipline che ART. 16. The rules and regula-
regolano le convocazioni elettorali pei tions of the electoral conventions for
Consigli comunali e provinciali a fine the Communal and Provincial Coun-
di guarentire l'ordine e la libertà del cils for the purpose of guaranteeing
voto sono applicate alle convocazioni the order and freedom of the vote, are
applied to the conventions here pro-
vided.
Bologna 1° marzo 1860.
Bologna, March 1st, 1860.
FARINI.
FARINI.
presenti.
.
TUSCANY AND EMILIA, 1860
523
1
Letter of Cavour to Villamarina, Minister of Sardinia at Naples
Torino, marzo 1860.
Turin, March, 1860.
Attendo con ansietà il risul-
I await with anxiety the result
tato dello scrutinio, al quale si pro- of the count, which is taking place in
cede ora nell'Italia centrale. Se, Central Italy. If, as I hope, this last
come spero, questa ultima prova è proof is decisive, we shall have writ-
decisiva, avremo scritto una pagina ten a marvelous page in the history of
meravigliosa nella storia d'Italia. La Italy. Even should Prussia and Rus-
Prussia e la Russia, pure contestando sia contest the legal value of universal
il valore giuridico del suffragio uni- suffrage, they can not place in doubt
versale, non potranno mettere in dub- the immense importance of the event
bio l'immensa importanza del fatto to-day brought to pass. Dukes, arch-
che in questo giorno si compie. I dukes and grand-dukes will be buried
duchi, gli arciduchi, i granduchi an- forever, beneath the heap of votes de-
dranno sepolti in perpetuo, sotto il posited in the urns of the voting places
cumulo delle schede deposte nelle urne of Tuscany and Emilia. .
dei comizi nella Toscana e nell'-
Emilia. .
Bon-Compagni Resigns the Office of Governor General. March 2, 1860 2
A. S. E, il Barone Ricasoli, Presi- To his Excellency Baron Ricasoli,
dente del Consiglio dei ministri à President of the Council of Minis-
Firenze.
ters, Florence.
Bologna, 2 marzo 1860.
Bologna, March 2, 1860.
ECCELENZA,
YOUR EXCELLENCY,
Allorquando, addì tre dicembre ul- When on the 3d of December last
timo, firmai l'atto per cui d'accordo I signed, in agreement with your Ex-
con V. E., e col cavaliere Farini as- cellency and with cavaliere Farini,
sunsi la qualità di Governatore gen- the act by which I assumed the func-
erale delle provincie collegate dell’- tions of Governor General of the
Italia centrale, ebbi nell'animo, non United Provinces of Central Italy, I
solo di dare effetto, per quanto in intended not only to give effect, in so
quelle contingenze si poteva, alla de- far as contingencies would permit, to
signazione fatta della mia persona da the designation made through me of
S. A. R. il Principe di Savoia Cari- His Royal Highness the Prince of
gnano, ma di cooperare alla politica Savoy-Carignano, but to cooperate
1 Chiala, Lettere, vol. 3, p. 211.
2 Le Assemblee, vol. 5, p. 752.
524
DOCUMENTS
del Governo di S. M. nell'Italia cen- in the policy of the Government of
trale. Questa politica mirava a te- His Majesty in Central Italy. This
nere unite fra loro e al Piemonte le policy was aimed at keeping united
provincie che avevano deliberato di
among themselves and with Pied-
unirsi al Regno Subalpino, e ad age- mont the provinces which had elected
volare ad esse il conseguimento dei to join the Subalpine Kingdom, and
loro voti. Oggi, dappoichè, in se- to facilitate thereby the attainment
guito al decreto promulgato da V. E., of their wishes. To-day, since, as a
il suffragio universale debbe decidere result of the decree promulgated by
se il popolo voglia piuttosto questa an- your Excellency, universal suffrage
nessione, o regno separato, la mia must decide whether the people favor
qualità viene a
cessare.
Continu- this annexation or a separate king-
ando, essa potrebbe dare occasione alle dom, my functions come to an end.
accuse di coloro, che non curando ne To remain in office might give rise
la verità dei fatti, nè l'evidenza delle to the accusations of those who, car-
dimostrazioni, accusarono il Governo ing neither for the reality of facts,
del Re di avere carpito i voti dei nor for the evidence of demonstra-
popoli. L'onore del paese che io tions, would accuse the King's Gov-
rappresento e l'onor mio esigono che ernment of having unlawfully secured
io non lasci luogo a questi sospetti, 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 suis-
picions.
Indi a poco le Assemblee che rap- The assemblies which represented
presentavano quelle provincie pronun- these provinces will shortly proclaim
ciarono il voto di annessione, ed io the vote of annexation, and I have
usai i diritti consacrati dallo Statuto availed myself of the rights sanc-
propugnando colla stampa la politica tioned by the Constitution to defend
della annessione. Fui designato all’- by the pen the policy of annexation.
ufficio da cui oggi mi dimetto, perchè, I was appointed to the office which
designando me, S. A. R. il Principe I am to-day relinquishing because by
di Savoia Carignano ed il Governo selecting me His Royal Highness the
del Re credettero dar segno di at- Prince of Savoy-Carignano and the
tenersi ad una politica favorevole alle King's Government have thought to
annessioni. L'Unione liberale desti- show that they followed a policy fa-
nata a preparare le elezioni politiche vorable to annexation. The “ Unione
mi elesse a suo Presidente, credendo liberale," designed to prepare the po-
che il mio nome fosse per dimostrare litical elections, chose me as its Presi-
come essa ponesse in cima alla sua dent, thinking that my name would
TUSCANY AND EMILIA, 1860
525
politica la causa delle annessioni. Da show that the cause of annexation
tutte queste precedenze mi è indicata was holding first place in its policy.
la via che debbo tenere in progresso, e All that precedes points out to me the
mi è indicata altresì la moderazione course which I must follow in the fu-
con cui debbo procedervi. Qui il dis- ture; it shows me also with what
cutere le opinioni che professai fin'ora caution I must act. It is not for us
in ordine alle annessioni, o per difen- Subalpines but for the citizens of
derle o per impugnarle, non si appar- these provinces now called upon to
tiene a noi Subalpini, ma ai cittadini decide finally upon their future, to
di queste provincie, chiamate ora a discuss the opinions which I held
deliberare definitivamente delle pro- hitherto in regard to the annexations,
prie sorti. A noi si apparterrà either to defend or to combat them.
adoperare affinchè il loro voto, qual. It is for us to see to it that their vote,
unque siasi per essere, non riesca in- whatever it may be, is not given in
vano, ed i loro diritti non vengano o vain, and that their rights are neither
negletti o manomessi.
neglected nor impaired.
Nel chiudere le relazioni d'ufficio In concluding the official relations
che le cariche da me ultimamente sos- which the functions lately held by me
tenute mi posero in grado di tenere have enabled me to maintain with
coll’E. V. non mi rimane che da rin- your Excellency, it only remains for
graziarla della benevolenza di cui volle me to thank you for the kindness you
ognora essermi cortese. La prego ad have always been so good as to show
un tempo di portare questa mia lettera I beg you at the same time to
a cognizione del pubblico affinchè i make known this letter to the public
cittadini di codesta nobil parte d'Italia in order that the citizens of this noble
sappiano di quanta riconoscenza io sia part of Italy may know how grateful
penetrato per la benevolenza che essi I am for the kindness they have
pure vollero dimostrarmi in ogni oc- shown me on every occasion.
casione.
Prego V. E. di gradire i sensi del I beg your Excellency to accept the
mio rispetto.
assurance of my respect.
C. BON-COMPAGNI.
C. BON-COMPAGNI.
me.
Proclamation of the Tuscan Council of Ministers Regarding the Duty of the
Tuscan People. March 5, 1860 1
TOSCANI!
Or compie un anno le armi di Pie-
monte e di Francia si scontrarono in
TUSCANS!
A year ago the armies of Pied-
mont and France clashed with those
1 Le Assemblee, vol. 5, p. 754.
526
DOCUMENTS
guerra con quelle d'Austria perchè, of Austria because, the predominance
cessato una volta il predominio di of the latter having ceased in Italy,
questa in Italia, fosse assicurata colla the peace of Europe was assured with
nostra indipendenza la pace d'Europa. our independence.
La Convenzione di Villafranca non The convention of Villafranca did
raggiunse intero questo scopo.
not fully attain this end.
L'Italia centrale abbandonata a sè Central Italy, left unsupported by
stessa da chi non poteva più gover-
those who could no longer govern
narla, concorse alla guerra; e questa it, entered the war; and the latter
immaturamente troncata, intese che being prematurely ended, she under-
per non perdere tutti i benefizi dell' stood that, if she was not to lose all
occasione e della vittoria, bisognava the gains of the occasion and of vic-
fare un regno forte, riparo al presente, tory, it was necessary to create a
tutela delle cose conquistate in futuro. strong kingdom, a defense for the
present and a protection for the con-
quests of the future.
I popoli legittimamente rappresen- The peoples, lawfully represented,
tati deliberarono con saviezza pari al decided with a wisdom equal to right
diritto, e con tutta la risoluzione pari and with a full resolve equal to ne-
alla necessità, la formazione di un
cessity, upon the formation of a
forte Regno italiano sotto lo scettro
strong Italian kingdom under the
costituzionale di S. M. VITTORIO
constitutional sway of H. M. VICTOR
EMANUELE.
EMANUEL.
A fronte di questa grande opera, In the face of this great work,
unica nella storia della civiltà, gli ar- unique in the history of civilization,
bitri dell'Europa riconobbero giusto the arbiters of Europe acknowledged
di non usare la forza, e la dichiara-
the justice of not using force, and the
zione del non intervento fu il primo declaration of non-intervention was
omaggio reso alle Nazioni risorte.
the first homage paid to the reborn
nations.
Sembrava però che un Congresso It seemed, therefore, that a con-
su questo nuovo giure dovesse compir gress should complete the work of
l'opera ristauratrice d'Italia e pacifica- restoration of Italy and of European
trice d'Europa : ma ogni studio per pacification on this new kind of right.
riunire il Congresso tornò vano. But every effort to convene the con-
L'Inghilterra e la
e la Francia allora
gress failed. England and France
misero innanzi opportune proposte. put forward at that time timely pro-
Con queste, mentre si riconosceva il posals. These, while recognizing our
nostro diritto a costituirci liberamente, right to organize freely, showed a de-
si mostrava desiderio di una solenne sire for a solemn confirmation of the
TUSCANY AND EMILIA, 1860
527
conferma dei voti già legittimamente votes already law fully and freely
e liberamente emessi.
cast.
Intanto il Re Leale e Magnanimo In the meantime the loyal and
decretava di aprire il Parlamento. magnanimous King decreed the open-
ing of Parliament.
I popoli dell'Emilia e della Toscana The peoples of Emilia and Tus-
avean già stabilito di voler far parte cany had already recorded their will
di questo gran comizio nazionale, e to form part of this great national
colla legge del nuovo Regno erano assembly, and under the law of the
state preordinate le elezioni dei depu- new Kingdom the election of depu-
tati per formare uno Stato solo e una ties had been preordained for the pur-
difesa comune.
pose of forming a single State and
a common defense.
Ma prima di entrare in questo gran
But before entering this great as-
comizio, è buon consiglio che diano sembly, it is advisable that they give
prova con atto nuovo di coscienza proof by means of a fresh act of po-
politica, in faccia a Dio e agli uomini, litical conscience, before God and be-
di aver votato l'Unione per diritto, per fore mankind, that they have voted
senno, per utilità, per suprema legge the Union by right, with judgment,
di salute nazionale.
for convenience, as the supreme law
of national salvation.
Non già che a dar quest'ultima Not that they were bound to give
prova fossero tenuti, poichè nessuno this last proof, since no one may
può ragionevolmente dubitare che nel reasonably believe that at the time of
tempo, nel quale si sono formate le the formation of the great nations,
grandi Nazioni, le memorie municipali municipal memories had so obscured
tanto ci abbiano ottenebrata la mente the mind as to cause us to lose sight
da farci disconoscere i vantaggi dell' of the advantages of being united
essere riuniti per centuplicare l'antica for the purpose of promoting the
civiltà, per profittare in comune di old civilization, of profiting together
tutti gli elementi di una vita nuova by all the elements of a new national
nazionale, impossibile colla divisione life, impossible with the old division
antica e colla piccolezza degli Stati and smallness of the States which
figli dei comuni, in mezzo a Nazioni had issued from the communes, in
che da quattro secoli si prevalgono di the midst of nations which, for four
essere divenute grandi e compatte per centuries, had taken advantage of the
territorio, istituzioni e armi.
fact that they had become great and
united in territory, institutions and
arms.
Spontanei i popoli dell'Emilia e The peoples of Emilia and Tuscany
della Toscana potranno confermare il may spontaneously confirm their own
528
DOCUMENTS
giudizio proprio col plebiscito cui judgment by the plebiscite to which
sono chiamati.
they are called.
Questo coronerà l'opera vostra, o Tuscans, this plebiscite will crown
toscani. Voi siete tutti chiamati a your work. You are all called upon
gettare nell'urna il vostro voto, che to place in the ballot box the vote
in tanti modi avete espresso, con tanta
which you have expressed in so many
solennità, con tanta ragione. Voi ways with such solemnity and such
non smentirete in questa occasione la judgment. You will not on this oc-
serena e composta dignità, colla quale casion belie the serene and grave
da dieci mesi andate preparando i vo- dignity with which you have been
stri grandi destini, che vi ha guadag- preparing for ten months for your
gnate le simpatie dell'Europa, ed è great destinies, by which you have re-
quella che conviene a chi ha la co- tained the sympathy of Europe, and
scienza del proprio diritto.
which befits one conscious of his
own right.
Il suffragio che voi gettate nell'urna The ballot which you cast in the
è libero: non ne darete conto che a box is free; you are accountable
Dio e a voi stessi.
therefor only to God and to your-
selves.
Il mondo dovrà ammirare, o tos- Tuscans, the world shall admire
cani, la vostra religiosità e il vostro your piety and your example. You
esempio. Voi avete fin qui raddriz- have so far corrected the errors of
zato gli errori della fortuna e degli fortune and of mankind: now you can
uomini: ora potete compiere questo complete this great structure of na-
grande edificio della Nazionalità, e tionality and crown your work.
coronare l'opera vostra.
TOSCANI!
TUSCANS!
Noi siamo alteri di avervi condotto We are proud to have conducted
fin presso alla meta; e siamo certi che
you until almost up to the goal and
il vostro ultimo passo sarà uguale ai feel certain that your last step will
precedenti. Fra pochi giorni godrete be worthy of the preceding ones. A
la pienezza di sentirvi italiani sotto il few days hence you shall enjoy the
Leale e Magnanimo RE VITTORIO satisfaction of feeling yourselves to
EMANUELE.
be Italians under the royal and
magnanimous KING VICTOR EMAN-
UEL,
Firenze, 5 marzo 1860.
Florence, March 5, 1860.
B. RICASOLI — C. RIDOLFI
- C. RIDOLFI – E. B. RICASOLI C. RIDOLFI E.
POGGI -- R. BUSACCA — V. SALVAG- POGGI R. BUSACCA — V. SALVAG-
NOLI R. CADORNA CELESTINO NOLI R. CADORNA CELESTINO
BIANCHI, segretario.
BIANCHI, Secretary'.
TUSCANY AND EMILIA, 1860
529
Rules for the Publication of the Results of the Plebiscite in Emilia. March
13, 1860 1
REGNANDO S. M. VITTORIO EMAN-
UELE II
IN THE REIGN OF HIS MAJESTY
VICTOR EMANUEL II
IL GOVERNATORE DELLE
PROVINCIE DELL'EMILIA
THE GOVERNOR OF THE
PROVINCE OF EMILIA
Sulla proposta del ministro di gra-
zia, giustizia e culti,
At the proposal of the Minister of
Justice and Education,
DECRETA;
DECREES:
Art. 1. I processi verbali delle ARTICLE 1. The formal minute of
votazioni con l'annesso elenco nomi- the voting, together with the list of
nale dei votanti resteranno cinque voters, shall remain for five days af-
giorni affissi nelle cancellerie del Tri- fixed to the registers of the Tribunal
bunale di cassazione in Bologna, del in Bologna, of the Tribunal of Re-
Tribunale di revisione in Modena, e vision at Modena, and the Supreme
della Regia Corte suprema di revisione Court of Revision at Parma, so that
in Parma perchè chiunque, o italiano anyone, either Italian or foreigner,
o straniero, possa esaminarli.
can examine them.
Art. 2. Il ministro di grazia, ART. 2. The Minister of Justice
giustizia e culti è incaricato dell'ese- and Education is charged with the
guimento del presente decreto, che execution of the present decree, which
sarà pubblicato a norma di legge. shall be published by rule of law.
Dato a Modena, 13 marzo 1860. Done at Modena, 13th March,
FARINI, 1860
FARINI,
CHIESI.
CHIESI.
Proclamation of the Results of the Plebiscite in Tuscany. March 15, 1860 2
REGNANDO S. M. VITTORIO
EMANUELE
IN THE REIGN OF HIS MAJ-
ESTY VICTOR EMANUEL
IL REGIO GOVERNO DELLA TOSCANA
THE ROYAL GOVERNMENT OF TUSCANY
Promulga la solenne dichiarazione
Hereby promulgates the solemn
emessa dalla Corte Suprema di Cas- declaration issued by the Supreme
sazione costatante il plebiscito del po- Court of Cassation recording the
polo toscano convocato nei Comizi plebiscite of the Tuscan people sum-
1 Le Assemblee, vol. 1, p. 436.
2 Ibid., vol. 5, p. 756.
530
DOCUMENTS
nei giorni undici e dodici marzo cor- moned in assemblies on the 11th and
rente.
12th of the present month of March.
“L'anno milleottocentosessanta “In the year eighteen hundred and
questo di quindici del mese di marzo. sixty, this 15th day of the month of
March;
* La Corte Suprema di Cassazione The Supreme Court of Cassa-
riunita in seduta plenaria nella sua sala tion, meeting in plenary session in its
delle pubbliche udienze posta nel Pa- public audience chamber located in the
lazzo della Signoria in virtù del de- Palazzo della Signoria in pursuance
creto del primo marzo corrente, all' of the decree of the 1st instant, for
effetto di verificare i resultati del suf- the purpose of ascertaining the re-
fragio universale reso dal popolo tos-
sults of the universal suffrage ex-
cano concovato nei Comizi.
pressed by the Tuscan people con-
voked in assemblies;
"Presenti gli uffiziali del Ministero “In the presence of representa-
Pubblico.
tives of the Public Prosecutor;
“ Presenti due pubblici impiegati “In the presence of two employees
della Corte dei conti a bella posta in- of the Court of Accounts specially
vitati per eseguire le necessarie opera- invited to control the necessary com-
zioni di calcolo.
putations;
“ Veduto il decreto di primo marzo, • Having considered the decree of
e le istruzioni del Ministero di gius- March 1st, and the instructions of
tizia e grazia comunicate con lettere the Minister of Justice and Grace
dei 5, 7, e 8 marzo.
communicated by the letters of March
5, 7, and 8;
Riscontrata e verificata l'inte- Having compared and ascer-
grità dei sigilli apposti sopra tutti gli tained the soundness of the seals 'af-
involti pervenuti sul suo banco, e che fixed on all the packages which have
appartengono ai Compartimenti, Go- reached its bench and which pertained
verni e Corpi militari della Toscana. to the divisions, governments and
military corps of Tuscany;
“Visti tutti i verbali dei prefetti, Having seen all the formal min-
sottoprefetti, governatori, e coman- utes of the prefects, subprefects, gov-
danti dei Corpi militari ed uditane la ernors, and commanders of military
lettura fatta alla pubblica udienza. corps and having heard them read in
public session;
“Riscontrata e verificata l'integrita Having compared and ascertained
dei sigilli appositi sui plichi dei pretori the soundness of the seals affixed to
che corrisponnono al numero delle the packages of the magistrates cor-
Preture esistenti in Toscana.
responding to the number of Preturas
existing in Tuscany;
TUSCANY AND EMILIA, 1860
531
66
" Riscontrata e verificata altresì
' Having compared and ascer-
l'integrità dei sigilli apposti sui plichi tained also the soundness of the seals
di tutti i Comandi militari.
affixed on packets from all the mili-
tary commanders;
'Visti i verbali contenuti in cias- Having considered the minutes
cuno dei plichi dei pretori e dei co- contained in each one of the packets
mandanti dei Corpi militari, e uditane from the magistrates and command-
lettura fatta alla pubblica udienza. ers of the military corps, and having
heard them read at a public session;
“ Sentito il Pubblico Ministero.
“Having heard the Public Prose-
cutor;
“Dichiara che dietro gli spogli ese- “Declares that following the
guiti a questa medesima udienza dei enumeration made at the same session
resultati parziali del suffragio univer- of the partial results of the universal
sale registrati negli atti verbali sud- suffrage recorded in said minutes,
detti, si è ottenuto il resultato finale the final result obtained is as follows:
che è il seguente.
“ 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 1
(Number of votes for union with the Constitutional Monarchy of King Victor
Emanuel)
“Numero dei voti per il Regno separato.
14,925
(Number of votes for a Separate Kingdom)
“Numero dei voti dichiarati nulli..
4,949
(Number of votes declared null and void)
“Constata conseguentemente e di- “ Certifies consequently and here-
chiara il Plebiscito del popolo toscano by declares that the plebiscite of the
essere per l'Unione alla Monarchia Tuscan people is for union with the
Costituzionale di RE VITTORIO constitutional monarchy of KING
EMANUELE.
VICTOR EMANUEL.
“ Così dichiarato dalla Corte Su- Thus declared by the Supreme
prema di Cassazione alle ore undici e Court of Cassation at eleven o'clock
minuti cinquantacinque pomeridiane and fifty-five minutes P. M. of the
del giorno predetto nella Sala suddetta aforesaid day in the above-mentioned
sedendo il commendatore Vicenzio 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
DOCUMENTS
CHI
Bani presidente, cavalier Giuseppe mendatore Vincenzio Beni, President,
Puccioni vice presidente e cavalier Cavalier Giuseppe Puccioni, Vice-
Carlo Carducci, Silvio Bonajuti, cava- president and Cavalier Carlo Car-
lier Zanobi Pasqui, Angiolo Nucco- ducci, Silvio Bonajuti, Cavalier Zan-
rini, Giuseppe Gilles, cavalier Raffaelle obi Pasqui, Angiolo Nuccorini, Giu-
Cocchi e Gio. Batta Ajazza consig- seppe Gilles, Cavalier Raffaelle
lieri, che si sono sottoscritti in piè Cocchi, and Gio. Batta Ajazza, Coun-
dell'Atto insieme col cancelliere. cillors, who have signed at the bot-
tom of the act, together with the
clerk.
“V. BANI, presidente — G. Puc- “V. BANI, President - C. PUCCI-
CIONI, vice-presidente — C. CARDUCCI ONI, Vice-President - C. CARDUCCI
- S. BONAJUTI - Z. PASQUI - A. - S. BONAJUTI — Z. PASQUI — A.
NUCCORINI G. GILLES
R. Coc- NUCCORINI - G. GILLES — R. Coc-
CHI — G. B. AJAZZI - F. NASI, can-
-C
C. B.
B. AJAZZI — F. NASI,
celliere."
Clerk."
Dato in Firenze li quindici marzo Done at Florence, the fifteenth of
millottocentosessanta,
March, eighteen hundred and sixty.
Il presidente del Consiglio dei The President of the Council of
ministri e ministro dell'interno
Ministers and Minister of the
B. RICASOLI.
Interior,
B. RICASOLI.
Il ministro della istruzione pub- The Minister of Public Instruc-
blica e ministro interino degli
tion and acting Minister of
affari esteri,
Foreign Affairs,
C. RIDOLFI.
C. RIDOLFI.
Il ministro di giustizia e grazia The Minister of Justice and Grace,
E. POGGI,
E. POGGI.
Il ministro delle finanze, del com- The Minister of Finance, Com-
mercio e dei lavori pubblici
merce, and Public Works,
R. BUSACCA.
R. BUSACCA.
Il ministro degli affari ecclesiastici The Minister of Ecclesiastical
V. SALVAGNOLI.
Affairs,
V. SALVAGNOLI.
Il ministro della guerro.
The Minister of War,
R. CADORNA.
R. CADORNA.
V° per l'apposizione del sigillo. Seen for affixing the seal:
Il ministro di giustizia e grazia
The Minister of Justice and Grace,
(L. S.)
(L. S.) E. Poggi.
E. POGGI.
Il segretario generale del Governo The General Secretary of the Gov-
della Toscana
ernment of Tuscany,
CELESTINO BIANCHI.
CELESTINO BIANCHI.
TUSCANY AND EMILIA, 1860
533
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 Comunità che rese il voto.
By decree of March 17, 1860, it
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 1
REGNANDO S. M. VITTORIO EMANUELE
IN THE REIGN OF HIS MAJESTY VICTOR
II
EMANUEL II
GOVERNO DELLE REGIE
PROVINCIE DELL'EMILIA
GOVERNMENT OF THE ROYAL
PROVINCES OF EMILIA
IL MINISTRO DI GRAZIA, GIUSTIZIA E
THE MINISTER OF GRACE, JUSTICE AND
CULTI
WORSHIP
Visto il decreto 1° marzo di con- In view of the decree of March
vocazione dei comizi delle Regie Pro- 1st convoking the assemblies of the
vincie dell'Emilia;
Royal Provinces of Emilia;
Visto il rapporto del Supremo Tri- In view of the report of the Su-
bunale di Cassazione in Bologna del preme Tribunal of Appeal in Bologna,
14 marzo 1860, dal quale risulta: March 14th, 1860, of which the re-
sult was:
Popolazione complessiva
1,014,900
(Total population)
Inscritti
252,727
(Registered)
Votanti
203,384
(Voting)
Per l'annessione alla Monarchia costituzionale del Re Vittorio Emanuele II..... 202,659
(For annexation to the Constitutional Monarchy of King Victor Emanuel II)
Pel Regno separato
254
(For separate Kingdom)
Voti nulli
471
(Void)
6
.
.
.
.
203,384
Visto il rapporto del Supremo Tri-
bunale di Revisione in Modena del 14
marzo 1860, dal quale risulta:
In view of the report of the Su-
preme Tribunal of Revision in Mo-
dena, March 14th, 1860, of which the
result was:
1 Le Assemblee, vol. 1, p. 437.
534
DOCUMENTS
.
Popolazione complessiva
495,731
(Total population)
Inscritti
131,527
(Registered)
Votanti
108,798
(Voting)
Per l'annessione alla Monarchia costituzionale del Re Vittorio Emanuele II....
(For the annexation to the Constitutional Monarchy of King Victor Emanuel)
Pel Regno séparato
(For separate Kingdom)
Voti nulli
(Void)
108,336
231
.
231
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
147,838
(Total population)
Inscritti
36,814
(Registered)
Votanti
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
62
(For Separate Kingdom)
Voti nulli
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
434,082
(Total population)
Inscritti
107,435
(Registered)
Votanti
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 Einanuel)
Pel Regno separato
181
(For Separate Kingdoni)
Voti Nulli
(Poid)
88,692
TUSCANY AND EMILIA, 1860
535
Visto il rapporto del Tribunale
civile e correzionale di Borgotaro del
14 marzo 1860, dal quale risulta:
In view of the report of the civil
and correctional Tribunal of Borgo-
taro of March 14th, 1860, of which
the result was:
Popolazione complessiva
34,554
(Total population)
Inscritti
7,715
(Registered)
Votanti
3,054
(Voting)
Per l'annessione alla Monarchia, costituzionale Re Vittorio Emanuele II.......
(For annexation to the Constitutional Monarchy of King Victor Emanuel)
Pel Regno separato
(For Separate Kingdom)
Voti nulli
(Void)
3,008
28
18
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
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
756
(For Separate Kingdom)
Voti Nulli
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 1
“ SIRE!
“ SIRE!
' Ho l'onore di deporre nelle mani “I have the honor of placing in
di Vostra Maestà i documenti legali the hands of Your Majesty the legal
1 Le Assemblee, vol. 1, p. 439. Farini was spokesman for the delegation.
536
DOCUMENTS
.
del suffragio universale dei popoli documents regarding the universal
dell'Emilia. La Maestà Vostra che suffrage of the people of Emilia.
ne senti pietosamente le grida di do- May Your Majesty, who pitifully felt
lore, ne accolga benignamente il pegno their cry of sorrow, accept benignly
di gratitudine e di fede. Appagati this proof of gratitude and trust.
dei legittimi voti, quei popoli, O Sire, Satisfied with these legal votes, these
non avranno altro desiderio che quello people, oh Sire, will have no other
di benemeritare della Maestà Vostra e wish than that of deserving well of
dell'Italia, emulando nelle civili e nelle Your Majesty and of Italy and of
militari virtù gli altri popoli della vos- emulating in civil and military virtue
tra Monarchia costituzionale."
the other peoples of your Constitu-
tional Monarchy.”
Ultimata la lettura, piegava di His speech finished, he folded up
nuovo la carta del discorso, e la ri- the document of the discourse and
metteva, insieme col fascio delle altre
gave it, together with a package of
carte che contenevano i documenti le- other papers which contained the
gali del suffragio dei popoli dell'
popoli dell' legal documents of the suffrage of
Emilia, nelle mani del Re, che, dopo the people of Emilia, into the hands
averli ricevuti, leggeva con voce ferma of the King, who after having re-
e gagliarda questo discorso:
ceived them, read, with a firm strong
voice, this discourse :
•
“ Accetto il solenne il loro voto, e “I accept their solemn vote, and
da quindi innanzi mi glorierò di chia- henceforth I will glory in calling
marli miei popoli.
them my people.
“ Aggregando alla Monarchia cos- “By uniting them to the Constitu-
tituzionale di Sardegna e pareggiando tional Monarchy of Sardinia, and
alle altre sue provincie non solo gli putting on an equal footing with
Stati modenesi e parmensi, ma ezian- 'the other provinces not only the
dio le Romagne, che già si erano da se states of Modena and Parma, but also
medesime separate dalla signoria Romagna, which already had sepa-
pontificia, io non intendo di venir rated by its own accord from the
meno a quella devozione verso il capo pontifical dominion, I do not mean to
venerabile della Chiesa che fu e sarà give less devotion to the Venerable
sempre viva nell'animo mio.
Head of the Church which was and
always will be alive in my mind.
“Come principe cattolico e come As a catholic prince and as an
principe italiano, io sono pronto a Italian prince, I am ready to defend
difendere quella indipendenza neces- that independence necessary to his
saria al supremo di lui ministero, a supreme ministry, to contribute to
contribuire allo splendore della sua the splendor of his Court, and to pay
TUSCANY AND EMILIA, 1860
537
Corte, e a prestare omagio all'alta sua homage to his High Sovereignty.
sovranità.
“Il Parlamento sta per adunarsi. “ Parliament is ready to assemble.
Questo, accogliendo nel suo seno i This body, gathering to itself the
rappresentanti dell'Italia centrale in- representatives of Central Italy, to-
sieme con quelli della Lombardia e gether with those of Lombardy and
del Piemonte, assoderà il nuovo Piedmont, will strengthen the new
Regno e ne assicurerà viemmaggior- Kingdom and will secure for it in-
mente la prosperità, la libertà e l'in- finitely greater prosperity, liberty and
dipendenza."
independence."
Royal Decree Accepting the Popular Vote of Emilia and Uniting it to the
Sardinian State. March 18,
, 1860 1
VITTORIO EMANUELE II
VICTOR EMANUEL II
RE DI SARDEGNA, DI CIPRO E DI GERU-
SALEMME, ECC., ECC.
KING OF SARDINIA, CYPRUS AND JE-
RUSALEM, ETC., ETC.
Visto il risultamento della vota- In view of the result of the uni-
zione universale tenutasi nelle prov- versal vote held in the provinces of
incie dell'Emilia, dalla quale risulta Emilia which shows that the desire
essere generale il voto di quelle popo- of these people to be united to our
lazion di unirsi al nostro Stato; state is a general one;
Udito il Nostro Consiglio dei min- Having heard our Council of Min-
istri;
isters;
Abbiamo decretato e decretiamo: We have decreed, and decree;
ART. 1. Le provincie dell'Emilia ARTICLE 1. The provinces of
faranno parte integrante dello Stato Emilia shall form an integral part of
dal giorno della data del presente de- the state from the day of the date of
creto.
the present decree.
ART. 2. Il presente decreto verrà ART. 2. The present decree shall
presentato al Parlamento per essere be presented to Parliament for con-
convertito in legge.
version into law.
I Nostri ministri sono incaricati Our ministers are charged with the
dell'esecuzione del presente decreto il execution of
of the present decree
quale, munito del sigillo dello Stato, which, sealed with the state seal,
sarà inserito nella Raccolta degli Atti shall be inserted in the collection of
1 Le Assemblee, vol. 1, p. 440. This decree and the one relating to Tuscany, in the saine
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
DOCUMENTS
del Governo e pubblicato nelle pro- government documents and published
vincie dell'Emilia.
in the Provinces of Emilia.
Dato a Torino, addì 18 marso 1860. Done at Turin on the 18th day of
March, 1860.1
VITTORIO EMANUELE,
VICTOR EMANUEL,
C. CAVOUR.
C. CAVOUR.
SAVOY AND NICE, 1860
Napoleon III Asserts the Claim of France to Savoy on the Opening of the
Legislative Chambers. March 1, 1860 1
MESSIEURS LES SÉNATEURS, MES- MESSIEURS LES SÉNATEURS, MES-
SIEURS LES DÉPUTÉS,
SIEURS LES DEPUTÉS,
A l'overture de la dernière ses- On the opening of last session, re-
sion, confiant dans le patriotisme de lying upon the patriotism of France,
la France, je tenais à prémunir vos I endeavoured to fortify your minds
esprits contre les appréhensions exa- in advance against the exaggerated
gérées d'une guerre probable. Au- apprehensions of a probable war.
jourd'hui j'ai à coeur de vous rassurer To-day I have at heart to reassure
contre les inquiétudes suscitées par la you against the anxiety caused by
paix même. Cette paix, je la veux peace itself. That
That peace I desire sin-
sincèrement, et ne négligerai rien cerely, and shall neglect nothing to
pour la maintenir.
maintain it.
La pensée dominante du Traité de The dominant idea of the Treaty
Villafranca était d'obtenir l'indépen- of Villafranca was to obtain the al-
dance presque complète de la Vénétie
most complete independence of Ven-
au prix de la restauration des Archi- etia at the price of the restoration of
ducs. Cette transaction ayant échoué, the Archdukes. That transaction
malgré mes plus vives instances, j'en having failed, despite my most ear-
ai exprimé mes regrets à Vienne nestendeavors, I have expressed
comme à Turin; car la situation, en my regret at Vienna as well as at
se prolongeant, menaçait de demeurer Turin; for the situation, by being
sans issue. Pendant qu'elle était l'ob- prolonged, threatened to lead to no
jet d'explications loyales entre mon issue. While it was the object of
Gouvernement et celui de l'Autriche, loyal explanations between my Gov-
1 Text and translation from British Parliamentary Papers, Affairs of Italy [2638), p. 19.
SAVOY AND NICE, 1860
539
elle inspirait à l'Angeleterre, à la ernment and that of Austria, it sug.
Prusse, et à la Russie, des démarches gested to England, to Prussia, to
dont l'ensemble atteste clairement, de Russia, measures the whole of which
la part des Grandes Puissances, le clearly prove on the part of the
désir d'arriver à la conciliation de tous Great Powers their desire to obtain
les intérêts. Pour seconder ces dis- a reconciliation of all the interests.
positions, il importait à la France de To second these dispositions, it
présenter la combinaison dont l'adop- was necessary for France to present
tion avait le plus de chance d'être ac- that combination the adoption of
cepté par l'Europe. Garantissant par which would have the greatest chance
mon armée l'Italie contre l'interven- of being accepted by Europe. Guar-
tion étrangère, j'avais le droit de anteeing Italy by my army against
marquer les limites de cette garantie. foreign intervention, I had the right
Aussi n'ai-je pas hésité à déclarer au to assign the limits of that guaran-
Roi de Sardaigne que, tout en lui lais- tee. Therefore I did not hesitate to
sant l'entière liberté de ses actes, je declare to the King of Sardinia that,
ne pourrais pas le 'suivre dans une while leaving him full liberty of ac-
politique qui avait le torte de paraître, tion, I could not follow him in a pol-
aux yeux de l'Europe, vouloir ab- icy which had the fault of appearing
sorber tous les Etats de l'Italie, et qui in the eyes of Europe a desire to ab-
menaçait de nouvelles conflagrations. sorb all the States of Italy, and which
Je lui ai conseillé de répondre favor- threatened
conflagrations. I
ablement aux veux des provinces qui counselled him to reply favourably to
s'offraient à lui, mais de maintenir the wishes of the provinces which
l'autonomie de la Toscane, et de re-
should offer themselves to him, but
specter en principe les droits du Saint to maintain the independence of Tus-
Siège. Si cet arrangement ne satis- cany, and to respect in principle the
fait pas tout le monde, il a l'avantage rights of the Holy See. If this ar-
de réserver les principes, de calmer rangement does not satisfy every-
les appréhensions, et il fait du Pié- body, it has the advantage of reserv-
mont un Royaume de plus de 9,000,- ing principles, of calming apprehen-
000 d'âmes.
sions, and makes Piedmont a king-
dom of more than 9,000,000 souls.
En présence de cette transforma- Looking to this transformation of
tion de l'Italie du Nord, qui donne à Northern Italy, which gives to a
un Etat puissant tous les passages des powerful State all the passes of the
Alpes, il était de mon devoir, pour la Alps, it was my duty, for the se-
sûreté de nos frontières, de réclamer curity of our frontiers, to claim the
les versants Français des montagnes. French slopes of the mountains.
Cette revendication d'un territoire de This reassertion of a claim to a ter-
peu d'étendue n'a rien qui doive ritory of small extent has nothing in
new
540
DOCUMENTS
alarmer l'Europe et donner un dé- it of a nature to alarm Europe, and
menti à la politique de désintéresse- give a denial to the policy of disin-
ment que j'ai proclamée plus d'une terestedness which I have proclaimed
fois, car la France ne veut procéder more than once; for France does not
à cet agrandissement, quelque faible wish to proceed to this aggrandize-
qu'il soit, ni par une occupation mili- ment, however small it may be, either
taire, ni par une insurrection pro- by military occupation or by pro-
voquée, ni par de sourdes manceuvres, voked insurrection, or by underhand
mais en exposant franchement la manoeuvres, but by frankly explain-
question aux Grandes
Grandes Puissances. ing the question to the Great Powers.
Elles comprendront, sans doute, dans They will doubtless understand in
leur équité, comme la France le com- their equity, as France would cer-
prendrait certainement pour chacune tainly understand it for each of them
d'elles en pareille circonstance, que under similar circumstances, that the
l'important remaniement territorial important territorial rearrangement
qui va avoir lieu nous donne droit à which is about to take place gives us
une garantie indiquée par la nature a right to a guarantee indicated by
elle-même.
Nature herself.
Answer of Sardinia to France Agreeing to the Principle of Self-Determina-
tion 1
Count Cavour to M. Nigra
Turin, le 3 mars, 1860.
Turin, March 3, 1850.
M. LE CHEVALIER,
M. LE CHEVALIER,
Dans sa dépêche du 24 février, M. In his despatch of the 24th of Feb-
Thouvenel charge M. de Talleyrand ruary, M. de Thouvenel directs M.
d'appeler l'attention du Governement de Talleyrand to call the attention of
du Roi sur la question de la Savoie et the King's Government to the ques-
de Nice. Il considère que d'après les tion of Savoy and Nice. He con-
traditions historiques fort répandues, siders that according to widely spread
la formation d'un Royaume puissant historical traditions, the formation of
au pied des Alpes serait défavorable
a powerful kingdom at the foot of
aux intérêts de la France, et présen- the Alps would be unfavourable to
terait pour elle un véritable danger si the interests of France, and would
ses frontières n'étaient étendues et
present a real danger to her, if her
fortifiées dans cette direction.
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
541
M. Thouvenel s'empresse toutefois M. de Thouvenel hastens to add
d'ajouter qu'il n'est nullement dans that it is by no means the intention
l'intention du Gouvernement de l'Em- of the Government of the Emperor
pereur de réclamer des changements to demand territorial changes which
territoriaux qui seraient contraires would be contrary to the wishes of
aux voeux des populations, et de le the people, or to effect the change
faire sans tenir compte des intérêts without paying regard to the inter-
de la Suisse et sans avoir consulté les ests of Switzerland, and without
Grandes Puissances de l'Europe. having consulted the Great Powers
of Europe.
Je ne m'arrêterai pas à examiner la I will not stop to examine the value
valeur des traditions historiques aux- of the historical traditions to which
quelles M. Thouvenel fait allusion. M. de Thouvenel alludes. I am far
Je suis loin de croire que l'agrandisse- from thinking that the aggrandize-
ment de la Sardaigne puisse jamais ment of Sardinia could ever consti-
constituer un danger pour la France, tute a danger for France, to whom
à laquelle les derniers événements the late events attach us by the ties
nous rattachent pas les liens de la of gratitude and friendship; never-
reconnaissance et de l'amitié. Ce- theless we are too sensible of what
pendant nous avons trop de sentiment Italy owes to the Emperor, not to
de ce que l'Italie doit à l'Empereur give the most serious attention to a
pour ne pas accorder la plus sérieuse request which rests on the principle
attention a une demande qui repose of respect for the wishes of the peo-
sur le principe du respect des veux ple. The Government of His Maj-
des populations. Le Gouvernement esty would never consent, even with
de Sa Majesté ne consentirait jamais, a view to the greatest advantages, to
même en vue de plus grands avan- cede or exchange any portion of the
tages, à céder ou échanger aucune des territory which has formed for so
parties du territoire qui forme depuis many ages the glorious appanage of
tant de siècles l'apanage glorieux de the House of Savoy; but the King's
la Maison de Savoie. Mais il ne Government cannot refrain from tak-
pourrait s'empêcher de prendre en ing into consideration the changes
considération les changements que les which the events that have taken
événements qui se sont succédés en place in Italy have caused with re-
Italie auraient apportés dans la situa- spect to the situation of the People
tion des populations de la Savoie et of Savoy and Nice. At the moment
de Nice. Au moment où nous ré- when we are loudly demanding for
clamons hautement pour les habitants the inhabitants of Central Italy the
de l'Italie Centrale le droit de disposer right of disposing of their lot, we
de leur sort, nous ne saurions, sans could not, without incurring the re-
encourir le reproche d'inconséquence proach of inconsistency and injus-
542
DOCUMENTS
et d'injustice, refuser aux sujets du tice, refuse the subjects of the King
Roi qui habitent au delà des Alpes le living beyond the Alps the right of
droit de manifester librement leur vo- freely manifesting their wishes.
lonté.
However lively might be the re-
Quelques vifs que seraient les re- grets which we should feel, if the
grets que nous éprouverions si les provinces which have been the glori-
provinces qui ont été le berceau glo- ous cradle of the Monarchy should
rieux de la Monarchie pouvaient se decide upon demanding their separa-
décider à réclamer leur séparation tion from the rest of the King's
d'avec le reste des Etats du Roi pour States in order to associate them-
s'associer à d'autres destinées, nous selves with other destinies, we should
ne nous refuserions pas à reconnaître not refuse to recognize the value of
la valeur de cette manifestation. that manifestation.
Les déclarations de M. Thouvenel The declarations of M. de Thou-
relativement aux Grandes Puissances venel relative to the Great Powers,
et à la Suisse sont de nature à pré- and to Switzerland, are of a nature
venir toute fausse interprétation et à to prevent any false interpretations,
aplanir bien des difficultés. Ces and to smooth over many difficulties.
déclarations, qui sont inspirées par These declarations, which are in-
un sentiment si élevé d'équité et de spired by such a high feeling of
justice, ne nous laissent d'ailleurs au- equity and justice, leave us, more-
cun doute que dans toute hypothèse over, no doubt that in any hypothesis
le soin de laisser à la Sardaigne, aussi the care of leaving to Sardinia as
bien qu'à la France, une ligne de fron- well as to France a suitable line of
tière convenable présiderait à ces né- frontier will preside over these ne-
gociations.
gotiations.
Veuillez, M. le Chevalier, donner Be so good, M. le Chevalier, as to
lecture et laisser copie de cette dépêche read to, and leave a copy of this
à son Excellence le Ministre des Af- despatch with, his Excellency the
faires Etrangères; et agréez, &c. Minister for Foreign Affairs, and
accept, &c.
(Signé) C. CAVOUR.
(Signed) C. CAVOUR.
Proclamation by the Governor of Annecy Announcing that there will be a
Popular Vote. March 8, 1860 1
La question des remaniements ter- The question of redistributions of
ritoriaux, soulevée d'abord par les territory, originally raised in the
1 Text and translation from British Parliamentary Papers, Affairs of Italy [2702], p. 3.
SAVOY AND NICE, 1860
543
journaux et tout récemment traitée journals, and quite recently treated
dans les documents officiels, pouvait of in official documents, might have
justifier votre anxiété sur l'avenir de justified your anxiety regarding the
votre noble patrie.
future of your noble fatherland
Cependant, la loyauté et la justice Nevertheless, the loyalty and the
qui ont toujours présidé aux actes du justice which have ever presided over
Gouvernement du Roi aurait dû vous the acts of the King's Government
prémunir contre des alarmes exa- ought to have warned you before-
gérées.
hand against exaggerated alarms.
Préoccupé de votre pénible per- Having been already concerned
plexité, je suis heureux maintenant for your painful perplexity, I am now
de pouvoir vous apprendre que vous happy that I have it in my power to
allez être vous-mêmes les arbitres de acquaint you that you are yourselves
vos destinées.
about to become the arbiters of your
destiny.
Vous serez appelés à manifester You will be summoned to declare
vos vaux dans la forme légale que le your wishes by a legal formality
Parlement déterminera.
which will be determined on by the
Parliament.
Vous aurez vous-même à choisir You will have to choose for your-
entre le Piémont, auquel vous unis- selves between Piedmont, to which
sent les liens d'une affection séculaire, you are united by ancient bonds of
et la nation qui, par les rapports d'in- attachment, and the nation which,
térêts que crée le voisinage et par les
from the relations of common inter-
secours généreux qu'elle nous a don- ests which neighbourhood creates,
nées dans la dernière guerre, a tant and from the generous succour which
de titres à vos sympathies.
she has given us in the late war, has
so great a title to your sympathies.
Savoisiens!
Savoyards!
Je connais trop vos sentiments I know your sentiments too well
pour douter un seul instant que vous to doubt for a single instant that you
n'apportiez dans cet acte solennel cet will display, in this solemn act, that
esprit d'ordre et de modération dont spirit of order and moderation of
vous avez déjà donné tant de preuves which you have already, under other
dans d'autres circonstances. Si l'élé-
.
circumstances, given so many proofs.
ment le plus précieux de toute délib- If the most precious element that can
ération est la liberté, l'ordre est une enter into any deliberation be liberty,
condition non moins essentielle de order is no less an essential condi-
toute votation populaire.
tion of all popular voting.
Notre magnanime Roi ne saurait se Our magnanimous King could not
544
DOCUMENTS
décider à se séparer des provinces qui resolve to separate from himself
ont été le berceau glorieux de la mo- those provinces which have been the
narchie que par déférence à leurs dé- glorious cradle of the Monarchy, ex-
sirs exprimés d'une manière pacifique cept out of deference to their wishes
et régulière.
expressed in a peaceful and regular
manner.
Rien ne l'affligerait plus que des Nothing would grieve him more
troubles qui empêcheraient de con- than disorders which should prevent
naître quelle est réellement la volonté the true will of the population from
des populations.
being ascertained.
Savoisiens!
Savoyards!
Vous ne mentirez pas à votre passé! You will not belie your past!
Vous garderez tous, j'en suis sûr, You all will, I am sure of it, pre-
cette attitude calme et digne qui con- serve that calm and becoming atti-
vient à des citoyens appelés à se pro-
tude which befits citizens summoned
noncer librement sur le sort de leur
to pronounce freely upon the destiny
patrie.
of their native land.
Annecy, le 8 mars, 1860.
Annecy, March 8, 1860.
Le Gouverneur,
The Governor,
(Signé) MAGGI.
(Signed) Maggi.
1
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. Thouyenel, 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 6th 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-
i 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. March 10, 1860 1
HABITANTS DE LA PROVINCE DE INHABITANTS OF THE PROVINCE OF
CHAMBÉRY!
CHAMBERY!
Envoyé ici par le Gouvernement du Being sent here by the King's Gov-
Roi dans le but de resserrer davantage ernment for the purpose of binding
les anciens liens qui unissent ces popu- more closely together the ancient ties
lations à la Monarchie, je ne pouvais which unite these populations to the
prévoir des événements qui me sont Monarchy, I could not foresee events
étrangers, et qui rendent si difficile which are new to me, and which
l'accomplissement de ma mission. make the accomplishment of my mis-
sion so difficult.
Il y a quelque temps qu'une sourde Some time ago, a secret agitation
agitation s'est emparée de l'esprit des seized upon the minds of the popu-
populations de la Savoie. Cette agi- lation of Savoy. The first cause of
tation a eu d'abord pour cause la ques- this agitation was the question of ter-
tion des remaniements territoriaux ritorial alterations, stirred up by the
soulevée par les journaux et ensuite la
newspapers, and, afterwards, the
publication récente de documents offi- publication of official documents,
ciels, qui ont fait naître une pénible which have caused a painful anxiety
anxiété sur le sort de votre noble pa- to be felt respecting the fate of your
trie
noble country.
Préoccupé de vos destinées, le Preoccupied with your destinies,
Gouvernment du Roi, qui jamais ne the King's Government, which has
1 Text and translation from British Parliamentary Papers, Affairs of Italy [2702], p. 1.
546
DOCUMENTS
s'est éloigné des voies de la justice et never wandered from the paths of
de la loyauté, avant de prendre au- justice and loyalty, before taking any
cune résolution, fera appel à une sin- resolution, will appeal to a sincere
cère manifestation des veux des manifestation of the wishes of the
populations, selon la forme légale que population, according to the legal
le Parlement du Royaume voudra form which the Parliament of the
établir.
kingdom shall wish to establish.
Vous serez alors appelés à choisir You will then be called upon to
entre cette ancienne Monarchie de choose between this ancient Mon-
Savoie, à laquelle vous unissent une archy of Savoy, to which you are
affection séculaire et un dévouement united by old affection and by unlim-
sans bornes, et la nation, qui a 'tant de ited devotion, and the nation which
titres à vos sympathies, soit à raison has so many claims on your sympa-
de son voisinage, soit à raison de bien- thies, whether ori account of its
faits récents.
neighbourhood or on account of re-
Quelque vif que serait au cœur du cent benefits. However great might
Roi le regret qu'il éprouverait și les be the regret felt by the King, if the
provinces qui ont été le berceau glo- provinces which have been the glori-
rieux de la Monarchie pouvaient se ous cradle of his kingdom should de-
décider à se séparer d'avec le reste cide to separate themselves from the
des Etats, il ne se refuserait pas à rest of his States, he would not re-
reconnaître la valeur de cette mani- fuse to recognize the value of this
festation, exprimée d'une manière manifestation, expressed in a peace-
pacifique et régulière; mais rien n'af- ful and regular manner; but nothing
fligerait autant le cour de notre mag-
would afflict the heart of our mag-
nanime Roi que si, en faisant loyale- nanimous King more, than if, whilst
ment appel à vos vœux, des désordres loyally appealing to your wishes, dis-
venaient troubler la solennelle mani- orders should
orders should trouble the solemn
festation demandée franchement à manifestation asked of this popula-
ces populations, et empêcher en même tion, and, at the same time, prevent
temps de connaître réellement votre your will from being really known.
volonté.
Prêt à maintenir l'ordre et le ré- Ready to maintain order and re-
spect aux lois, je compterai en tout spect for the laws, I shall expect, un-
cas sur l'attitude calme et tranquille der all circumstances, that calm and
qui convient à un peuple qui doit se tranquil conduct which is suited to
prononcer sur le sort de sa patrie. a people about to pronounce on the
fate of their native country.
Chambéry, le 10 mars, 1860.
Chambery, March 10, 1860.
Le Gouverneur,
The Governor,
(Signé) ORSO SERRA.
(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.
Paris, March 15, 1860.
M. LE MINISTRE,
M. LE MINISTRE,
En suite d'une dépêche de Berne, In compliance with a despatch
je dois informer votre Excellence que from Berne, it is my duty to inform
le Conseil Fédéral a adressé au Gov- your Excellency that the Federal
ernement de Sa Majesté le Roi de Council has addressed to His Majes-
Sardaigne une note, où il demande ty the King of Sardinia a note, in
l'observation des stipulations du which it demands the observation of
Traité de 1564, confirmé par le Traité the stipulations of the Treaty of
du 16 mars, 1816, entre la Sardaigne 1564, confirmed by the Treaty of
et la Suisse, en tant qu'elles touchent the 16th of March, 1816, between Sar-
la cession du territoire actuel de la dinia and Switzerland, so far as they
Savoie à une autre Puissance.
affect the session of the existing Sa-
voyard territory to another Power.
Je dois observer que mon Gouverne- I must observe, that my Govern-
ment regarde tout particulièrement ment most distinctly regards any an-
toute annexion des Provinces neu- nexation of the neutralized Proy-
tralisées du Chablais, du Faucigny, et inces of Chablais, Faucigny, and the
du Génévois, à une autre Puissance, Genevese to another Power as being
comme étant en contradiction avec les in contradiction to the stipulations of
stipulations des Traités de 1815, qui the Treaties of 1815, which guaran-
garantissent ces Provinces, dans l'in- tee those Provinces, in the interest of
térêt de la neutralité Suisse, comme si Swiss neutrality, as if they were an
elles étaient une partie intégrante de integral portion of the Confedera-
la Confédération en déclarant "qu'elles tion, declaring "that they are to
doivent jouir de la neutralité de la benefit by the neutrality of Switzer-
Suisse de la même manière que si land in the same way as if they be-
elles appartenaient à celle-ci."
longed to her.”
En attendant, mes instructions Meanwhile, my instructions im-
m'imposent le devoir, en me référant
pose on me the duty, referring to the
aux considérations que j'ai eu l'hon- reasons which I had the honour to
neur de vous exposer dans l'audience
state to you at the audience which
que vous avez bien voulu m'accorder
you were good enough to grant me
le 13 mars, de protester formelle- on the 13th of March, to protest
ment, au nom de la Confédération formally, in the name of the Swiss
Suisse, contre toute mesure qui aurait Confederation, against any measure
1 Text and translation from Parliamentary Papers, Affairs of Italy [2702], p. 4.
548
DOCUMENTS
pour but d'annexer ces Provinces à which should have for its object the
la France, jusqu'à ce que les Puis- annexation of those provinces to
sances de l'Europe, auxquelles le France, until the Powers of Europe,
Gouvernement Impérial lui-même a to whom the Imperial Government
déclaré vouloir soumettre cette ques-
itself has declared its desire to sub-
tion ce soient prononcées.
mit this question, shall have pro-
nounced their opinion.
Je profite, &c.
I avail, &c.
KERN.
KERN.
1
Views of the French Government on the Swiss Protest
M. Thouvenel to M. Tillos
Paris, le 13 mars, 1860.
Paris, March 13, 1860.
MONSIEUR,
SIR,
Le Conseil Fédéral, ne pouvant se
The Federal Council, being un-
dissimuler l'importance et l'unanimité able to conceal from itself the im-
des manifestations que provoque en portance and the unanimity of the
Savoie l'éventualité d'un démembre manifestations which the prospect of
ment, a chargé M. Kern de me de- a dismemberment has called forth in
mander si le Gouvernement de l'Em- Savoy, instructed M. Kern to de-
pereur persistait à ce sujet dans les mand of me whether the Government
intentions que je vous ai fait con- of the Emperor persisted in the in-
naître. M. le Ministre de Suisse, tentions, with regard to this subject,
durant notre entretien, m'a fait en- which I have communicated to you.
tendre que si la Confédération Helvé- The Swiss Minister, during our con-
tique ne devait obtenir ni le Chablais versation, gave me to understand that
ni le Faucigny, il ne resterait à son if the Swiss Confederation was not
Gouvernement qu'à protester auprès to obtain either Chablais or Faucigny,
des Cours signataires des Traités de it would only remain for his Gov-
Vienna contre toute modification du ernment to protest at the Courts
statu quo, et à soulever, sans nulle which signed the Treaties of Vienna,
hésitation, une question très grave et against any modification of the
très embarrassante pour le Gouverne- status quo, and to raise, without any
ment de Sa Majesté Impériale. hesitation, a question very grave and
very embarrassing to His Imperial
Majesty's Government.
Voici en substance ce que j'ai ré- What follows is the substance of
pondu à M. Kern:
my reply to M. Kern:.
1 Text and translation from British Parliamentary Papers, Affairs of Italy [2702], p. 6.
SAVOY AND NICE, 1860
549
Nous avons voulu, dès l'origine, We wished, from the beginning, to
concilier tous les intérêts, et nous conciliate all interests, and we are
sommes encore prêts à entrer dans vos still ready to enter into your views:
vues; mais s'il nous est démontré que but if it is demonstrated to us that
nous ne pourrons obtenir la Savoie, we cannot obtain Savoy, with the
avec l'agrément et selon les voeux des consent and according to the wishes
populations, sans renoncer à en ac- of the Populations, without refusing
cepter le démembrement à votre avan- to accept its dismemberment to your
tage, nous nous soumettrons à cette advantage, we will submit to this
condition, et le Conseil Fédéral recon- condition, and the Federal Council
naîtra lui-même que nous ne saurions will itself admit that we could not
la décliner. Nous cherchons scrupu- decline it. We are scrupulously
leusement à nous renseigner à cet seeking to inform ourselves in this
égard et à connaître, aussi exactement respect, and to ascertain, as clearly
que possible, les véritables disposi- as possible, the true disposition of the
tions des habitants sur ce point; ce inhabitants on this point; what can-
qu'on ne peut nous demander, c'est not be demanded of us is, that we
de subordonner nous-mêmes la ces- should ourselves make the cession of
sion du territoire que nous jugeons the territory which we consider in-
indispensable pour la sécurité de nos dispensable for the security of our
frontières, à celle que sollicite le frontiers, subordinate to that which
Gouvernement Fédéral, et de réussir the Federal Government requires,
ou d'échouer avec lui, en plaçant les and that we should succeed or fail
populations dans l'obligation de se with it, by placing the populations
prononcer contre leur réunion à la
under the obligation of pronouncing
France si elles ne veulent consentir à against their union with France if
remettre à la Suisse une portion de la they do not wish to consent to yield
Savoie. Cette solution maintiendrait a portion of Savoy to Switzerland.
l'état de choses actuel qui convient à This solution would maintain the ex-
la Confédération; elle ne saurait con- isting state of things which suits the
venir à la France, qui, sans avoir le Confederation; it could not suit
Chablais et le Faucigny, perdrait France, who, without gaining Cha-
également les autres districts de-
blais and Faucigny, would also lose
venus nécessaires à notre propre dé- the other districts become necessary
fense. Il y a, comme vous le voyez, for our own defence. There is, as
une différence notable entre la position you see, a notable difference between
des deux Gouvernements et
the position of the two Governments,
devons en tenir compte. L'agitation and we should take this into account.
que soulève le partage de la Savoie ne Besides, the agitation excited by the
se serait d'ailleurs produite à ce de- partition of Savoy could not have
gré si, pendant que nous laissions aux been produced to the extent it has,
nous
550
DOCUMENTS
populations le soin d'apprécier libre- if, whilst we were leaving to the
ment leur véritable intérêt dans cette populations the care of freely com-
question, des émissaires Suisses n'eus- prehending their true interest in this
sent pas donné l'alarme et joint à leur question, Swiss emissaries had not
propagande des menées qui ont eu given the alarm, and united with their
pour effet de blesser le sentiment na- propagandism intrigues, the effect of
tional.
which was to wound the national
feeling.
Tel est, Monsieur, le langage que Such, Sir, is the language which I
j'ai tenu à M. Kern; je ne doute pas held to M. Kern. I do not doubt his
qu'il n'en rende un compte exact à son giving a correct account of it to his
Gouvernement; je vous autorise, néan- Government; nevertheless, I author-
inoins, à donner lecture de cette dé- ized you to read this despatch to the
pêche à M. le Président du Conseil President of the Federal Council.
Fédéral.
Recevez, &c.
Receive, &c.
(Signé) THOUVENEL.
(Signed) THOUVENEL.
1
Swiss Protest to Sardinia 1
M. Tourte to Count Cavour
Turin, le 14 mars, 1860.
Turin, March 14, 1860.
EXCELLENCE,
EXCELLENCY,
Le Conseil fédéral, postérieure- The Federal Council, after the
ment à la date de la note dont je viens date of the note which I have just
de vous donner lecture, a su que les read to you, was made aware that
Intendants de la Savoie ont publié à the Intendants of Savoy had pub-
Chambéry et à Annecy des proclama- lished at Chambery and at Annecy,
tions par lesquelles ils annoncent aux Proclamations by which they an-
citoyens une votation prochaine rela- nounce to the citizens an approach-
tive à l'annexion de leur pays à la ing vote relative to the annexation of
France.
( their country to France.
En présence de cette manifestation In face of this official manifesta-
officielle des intentions du Gouverne- tion of the intentions of the Sardin-
ment Sarde, et sans prétendre s'op- ian Government, and without pre-
poser en principe à des rectifications tending to oppose himself in prin-
de frontières qui peuvent être dans ciple to amendments of frontiers
les convenances de la France et de la 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
551
Now
at
Sardaigne, et conformes aux vaux Sardinia, and in conformity to the
d'une partie des populations Savoi- wishes of a part of the Savoyard
siennes, le Soussigné, faisant appel à population, the Undersigned, appeal-
la loyauté de Sa Majesté Victoring to the loyalty of His Majesty
Emanuel II, dont les ancêtres ont juré King Victor Emanuel II, whose an-
les Traités qu'invoque la Suisse, cestors swore to the Treaties which
Traités religieusement observés par
Switzerland
invokes,- Trea-
elle, demande au Gouvernement Sarde ties. which have been strictly ob-
de ne pas procéder plus avant dans la served by her,— demands of the Sar-
voie qu'indiquent les proclamations dinian Government that they should
affichés à Chambéry et Annecy, sans not proceed further in the path which
que des négociations soient ouvertes the Proclamations published
avec la Confédération Suisse, aux fins Chambery and Annecy point out,
de préparer une solution des questions without opening negotiations
negotiations with
pendantes de nature à respecter les
Switzerland, in order to prepare a
droits, tout en ménageant les intérêts solution of the pending questions of
bien entendus des limitrophes.
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.
Tant qu'une entente avec la Suisse As long as an understanding with
ne sera pas intervenue pour régler ce Switzerland shall not have been come
qui, aux termes des Traités, la con- to in order to arrange that which, in
cerne dans l'éventualité d'une cession the terms of the Treaty, concerns it
de la Savoie à une autre Puissance, in the event of a cession of Savoy
le Soussigné, au nom et par ordre du to another Power, the Undersigned,
Conseil Fédéral, proteste contre toute in the name of and by order of the
votation, ou tout autre acte dont le Federal Council, protests against any
résultat pourrait apporter un change- voting, or any other act which would
ment à l'état actuel des choses en Sa- result in a change in the present state
voie.
of affairs in Savoy.
Dans l'espoir que les légitimes ré- Hoping that the legitimate de-
clamations de la Suisse seront accueil- mands of Switzerland will be re-
lies par votre Excellence avec cette ceived by your Excellency with that
bienveillance qui a toujours carac- courtesy which has always distin-
terisé les rapports entre le Gouverne- guished the communications between
ment du Roi et la Confédération, le the King's Government and the Con-
Soussigné, &c.
federation, the Undersigned, &c.
(Signé) A. TOURTE.
(Signed) A. TOURTE.
552
DOCUMENTS
Declaration Signed by Inhabitants of Northern Savoy, Asking for Union with
Switzerland. March 16, 1860 1
AUX HAUTES PUISSANCES!
TO THE HIGH POWERS!
Les Soussignés ont l'honneur d'ex- The Undersigned have the honor
poser, au nom d'un grand nombre de to state, in the name of a large num-
leurs compatriotes, qu'appelés, comme ber of their compatriots, that being
ressortissants de la Monarchie Sarde, invited, as subjects of the Sardinian
à voir se rompre définitivement les Monarchy, to see the bonds defin-
liens qui les unissaient à leur Roi et itively broken which united them to
à manifester, en conséquence, les their King, and to manifest, in con-
vaux qu'ils forment pour la recon- sequence, the wishes which they form
struction politique de leurs pays, ils for the political reconstruction of
croient devoir faire connaître aux
their country, they think it their duty
Puissances, dont l'assentiment a été to inform the Powers whose assent
jusqu'ici nécessaire aux remaniements has hitherto been necessary to terri-
territoriaux en Europe, que les popu- torial readjustments in Europe, that
lations habitant la Savoie du nord ont the populations inhabiting Northern
déjà, en prévision d'une séparation re- Savoy have already, in anticipation
grettable de la Monarchie Sarde, té- of a separation, which they will regret,
moigné hautement, par des adhésions from the Sardinian Monarchy, clear-
personnelles et nombreuses, leur désir ly testified, by personal and numer-
d'être, en ce cas, réunis à la Con- ous adhesions, their desire to be, in
fédération Suisse, dont l'anciennes re- that case, annexed to the Swiss
lations de bon voisinage, la commun- Confederation, with whom ancient
nauté des intérêts, des habitudes, des relations of good neighborhood,
besoins, et des meurs les a depuis community
of
interests,
habits,
longtemps intimement rapprochées. wants, and manners, have long in-
timately connected them.
Ce désir, qui dès lors a trouvé sa This desire, which has also found
sanction dans les assurances données sanction in the assurances given by
par les Gouvernements Français et the French and Sardinian Govern-
Sarde que la volonté des populations ments, that the will of the popula-
comme les intérêts de la Suisse, qui tions, as well as the interests of
possède des droits sur notre territoire, Switzerland, who possesses rights
seraient pris en sérieuse considération, over our territory, should be taken
les autorise à réclamer de ceux à into serious consideration, author-
l'examen desquels le Chef du Gouv- izes them to claim from those to
ernement Français a déclaré que cette whose examination the Chief of the
1 Text and translation from British Parliamentary Papers, Affairs of Italy [2702], p. 32.
SAVOY AND NICE, 1860
553
affaire doit être soumise, leur bien- French Government has declared that
veillante attention et leur sérieux this affair must be submitted, their
appui.
kind attention and their serious sup-
port.
En conséquence, ils ont l'honneur Consequently, they have the honour
de porter à la connaissance des Hautes to bring to the knowledge of the High
Puissances le texte de la déclaration Powers the text of the annexed decla-
ci-jointe qui émane des Provinces du ration, which emanates from the prov-
Chablais, du Faucigny, et du Géné- inces of Chablais, Faucigny, and the
vois, avec les signatures déjà au nom- Genevese, with the signatures col-
bre de plus de 11,000 recueillies jus- lected up to this day in the communes
qu'à ce jour dans les communes de ces of these three provinces, amounting
trois provinces.
already to the number of more than
11,000.
16 Mars, 1860.
March 16, 1860.
Les Présidents des Conités,
The Presidents of the Committees,
(Signé)
(Signed)
JOSEPH BARD, Avocat, Bonneville, JOSEPH BARD, Advocate, Bonneville,
TH. A. BETEMPS, Ingénieur-Géo- TH. A. BETEMPS, Geographical En-
graphe, Thonon.
gineer, Thonon.
HENRI FAURAX, Avocat, St. Julien. Henry FAURAX, Advocate, St. Julien.
(Des adresses particulières ont été (Special Addresses have been sent
envoyées à leurs Majestés le Roi de to their Majesties the King of Sar-
Sardaigne et l'Empereur des Fran- dinia and the Emperor of the French,
çais, ainsi qu'au Conseil Fédéral). as well as to the Federal Council).
·, proy-
DÉCLARATION DES
HABITANTS DU DECLARATION OF THE INHABITANTS
NORD DE LA SAVOIE
OF NORTHERN SAVOY
Les Souissignés, habitant la Com- The Undersigned, inhabitants of
mune de
province the commune of
de
inquiets des ince of ...
disturbed by
bruits qui se répandent, et d'après les- the rumors which are current, and
quels la Savoie cesserait de faire par- according to which Savoy would cease
tie des Etats de Sa Majesté Sarde, to form part of the States of His Sar-
désirent consigner ici l'expression de dinian Majesty, desire to record here
leur dévouement au Roi, et le veu the expression of their devotion to the
qu'ils forment de ne voir aucun King, and the wish which they form
changement apporté a leur union avec not to see any change made in their
la Monarchie Sarde.
union with the Sardinian Monarchy.
Mais, d'autre part, et dans le cas où But, on the other hand, in case po-
des raisons politiques dont ils ne veu- litical reasons, of which they do not
554
DOCUMENTS
lent point se faire juges, rendraient wish to constitute themselves judges,
une séparation inévitable, ils sont con- should render a separation inevitable,
vaincus que leur Souverain ne dis- they are convinced that their Sov-
posera pas de sujets fidèles, sans leur ereign will not dispose of faithful sub-
avoir permis de manifester leurs jects without having permitted them
veux, dans une circonstance aussi to manifest their wishes in a matter
importante pour leur avenir.
so important for their future.
En conséquence, et malgré les sym- Consequently, and in spite of the
pathies que peut éveiller un grand et sympathies which a great and glori-
glorieux Empire, ils témoignent ex- ous Empire may excite, they express-
préssement leur désir d'être réunis à ly testify their desire to be annexed to
la Confédération Suisse, de laquelle the Swiss Confederation, to which
les rapprochent dès longtemps la com- they have been long attached by com-
munauté des intérêts et des sentiments, munity of interests and sentiments, as
ainsi que les relations de bonne amitié well as by the relations of friendship
dont ils ont reçu tant de preuves. of which they have received so many
proofs.
[Signed by 11,052 individuals.]
[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 1
Paris, le 21 mars, 1860.
Paris, March 21, 1860.
L'Empereur a reçu aujourd'hui aux The Emperor received to-day, at
Tuileries une Députation de Conseil- the Tuileries, a deputation of Provin-
lers Provinciaux de la Savoie, et de cial Councillors of Savoy, and Munic-
Conseillers Municipaux des villes prin- ipal Councillors of the principal
cipales, chargés de présenter à Sa towns, charged to present to His
Majesté les Adresses de leurs concito- Majesty the Addresses of their fel-
yens au sujet de l'annexion.2
low-citizens on the subject of the an-
nexation.1 :
1 Text and translation from British Parliamentary Papers, Affairs of Italy [2702], p. 25;
Extract from the Moniteur 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
555
Sa Majesté l'Impératrice assistait à Her Majesty the Empress assisted
cette réception, ainsi que son Altesse at this reception, as well as His Im-
Impériale le Prince Impérial.
perial Highness the Prince Imperial.
Leurs Majestés étaient entourées Their Majesties were surrounded
des officiers et dames de service. by officers and ladies in waiting.
Le Président de la Députation, M. The President of the Deputation,
le Comte Greyfié de Bellecombe, a Count Greyfié de Bellecombe, read to
donné lecture à Sa Majesté de l'Ad- His Majesty the following Address :-
resse suivante :
“ SIRE,
Sire,
En approchant de votre Majesté, In approaching your Majesty, the
un premier sentiment nous domine chief sentiment which inspires us all
tous : c'est celui de notre profonde ad- is that of profound admiration for
miration pour le Souverain qui, après the Sovereign who, after having been
avoir été élu par la France entière, a elected by entire France, has known
su en augmenter encore la gloire et la how to augment her glory and her
prospérité.
prosperity.
“Sire, tant de liens naturels, tant “Sire, so many natural ties, so
de glorieux souvenirs, tant de sympa- many glorious recollections, so many
thies unissent la Savoie à la France, sympathies unite Savoy to France,
qu'elle a tressailli de bonheur lorsque that she trembled with happiness when
la parole auguste de votre Majesté a your Majesty's august word gave our
donné à esperer a notre partie qu'elle party the hope that she was to be in-
allait être appelée à faire partie de la vited to form part of the great French
grande famille Française, avec l'as- family, with the consent of her legit-
sentiment de son légitime Souverain. imate Sovereign.
“Une seule préoccupation a pu en
Only one doubt has had the power
arrêter jusqu'ici l'élan: c'est la crainte of hitherto arresting our enthusiasm;
de voir démembrer en faveur de la it was the fear of seeing dismem-
Suisse une nationalité compacte par bered, in favour of Switzerland, a
l'affection et par tant de liens de tout nationality compact by affection and
genre.
by so many bonds of every descrip-
tion.
“Les Conseillers Provinciaux qui “ The Provincial Councillors who
représentent la Savoie nous ont represent Savoy have charged us,
chargés, Sire, de venir déposer aux Sire, to deposit at your Majesty's feet
pieds de votre Majesté l'instante the urgent prayer to avert such a
prière d'éloigner de notre partie un misfortune from our party; and the
pareil malheur, et les Conseillers Mu- Municipal Councillors of the princi-
nicipaux des villes principales ont
556
DOCUMENTS
voulu joindre leurs députations à la pal towns wished to join their Depu-
nôtre.
tations to ours.
SIRE,
SIRE,
"Votre Majesté appréciera la ré- "Your Majesty will appreciate the
serve imposée à des corps constitués, à reserve imposed on the constituted
des hommes qui ont toujours été les bodies, on men who have ever been
fidèles sujets de leur Roi, comme ils le faithful subjects of their King, as they
seront de votre Majesté. Mais, après will be of your Majesty. But, after
les actes du Gouvernement du Roi, il the acts of the King's Government, it
nous sera permis sans doute d'adresser will doubtless be permitted us to ad-
à votre Majesté l'expression des sen- dress to your Majesty the expression
timents que nous éprouvons pour la of the sentiments which we feel to-
France, auprès de laquelle la Savoie wards France, in who Savoy will find
trouvera non seulement la grandeur et not only grandeur and glory, but also
la gloire, mais encore la sympathie et sympathy and security for all her
la sauvegarde de tous ses intérêts moral and material interests.
moraux et matériels.
“ Des bords du Lac Léman aux “From the shores of Lake Leman
vallées du Mont Cenis, ceux qu'ont to the valleys of Mont Cenis, those
honorés les suffrages de leurs concito- whom the votes of their fellow-citi-
yens sont accourus auprès de votre zens have honoured have hastened to
Majesté pour lui exprimer la joie que your Majesty to express to you the
la Savoie éprouvera lorsqu'elle sera joy which Savoy will feel when she
tout entière réunie à la France, et shall be in her entirety united to
qu'elle pourra toujours, avec cette France, and when she shall ever be
grande et noble nation, n'avoir qu'un able, with that great and noble nation,
cri, celui de "Vive l'Empereur!' to have but one cry,-- that of 'Vive
"Vive la France!'"
l'Empereur!' 'Vive la France!'”
L'Empereur a repondu:
The Emperor replied:
“MESSIEURS,
" GENTLEMEN,
“Te vous remercie des sentiments "I thank you for the sentiments
que vous venez de m'exprimer, et je which you have expressed, and I re-
vous reçois avec plaisir. Le Roi de ceive you with pleasure. The King
Sardaigne ayant accédé au principe de of Sardinia having acceded to the
la réunion de la Savoie et du Comté principle of the annexation of Savoy
de Nice à la France, je puis, sans man- and the County of Nice to France, I
quer à aucun devoir international,
may, without violating any interna-
vous témoigner ma sympathie et tional duty, testify to you my sym-
agréer l'expression de
pathy and accept the expression of
VOS
voeux.
SAVOY AND NICE, 1860
557
your wishes.
Les circonstances dans lesquelles se
The circumstances
produit cette rectification de frontières which have produced this rectification
sont si exceptionnelles que tout en ré- of frontiers are so exceptional, that,
pondant à des intérêts légitimes, elles whilst answering legitimate interests,
ne blessent aucun principe et par con- they wound no principle, and conse-
séquent n'établissent aucun précédent quently establish no dangerous prece-
dangereux.
dent.
“En effet, ce n'est ni par la con- “In fact, it is neither by conquest
quête ni par l'insurrection que la Sa- nor by insurrection that Savoy and
voie et Nice seront réunies à la Nice will be annexed to France, but
France, mais par le libre consente- by the free consent of the legitimate
ment du Souverain légitime appuyé Sovereign, supported by the adhesion
de l'adhésion populaire. Aussi, tout of the people. Besides, every Power
ce qui en Europe ne cède pas à un in Europe which is not influenced by
esprit d'antagonisme d'une autre an antiquated spirit of antagonism,
époque, regarde comme naturelle et regards this addition of territory as
équitable cette adjonction de terri- natural and equitable. The reception
toire. L'accueil fait aux communica- given to the communications ad-
tions adressées par mon Gouverne- dressed by my Government to the
ment aux Puissances représentées au Powers represented at the Congress
Congrès de Vienne autorise pour la of Vienna, authorise, for the most
plupart d'entre elles la juste espérance part, the just hope of a favourable ex-
d'un examen favorable.
amination.
Mon amitié pour la Suisse m'avait “My friendship for Switzerland
fait envisager comme possible de dé- made me consider it possible to de-
tacher en faveur de la Confédération tach, in favour of the Confederation,
quelques portions du territoire de la certain portions of the territory of
Savoie; mais devant la répulsion qui Savoy; but in face of the repulsion
s'est manifestée parmi vous à l'idée which has been manifested among you
de voir démembrer un pays qui a su at the idea of seeing a country dis-
se créer à travers les siècles une indi- membered which has through cen-
vidualité glorieuse et se donner ainsi turies created for itself a glorious in-
une histoire nationale, il est naturel dividuality, and has also given itself
de déclarer que je ne contraindrai pas a national history, it is natural to de-
au profit d'autrui le vou des popula- clare that I shall not constrain the
tions. Quant aux intérêts politiques will of the populations for another's
et commerciaux qui lient à la Suisse profit. As for the political and com-
certaines parties de la Savoie, il sera mercial interests which bind certain
facile, je crois, de les satisfaire par portions of Savoy to Switzerland, it
des arrangements particuliers.
will, I think, be easy to satisfy them
by special arrangements.
558
DOCUMENTS
J'espère donc, Messieurs, pouvoir “I hope, therefore, Gentlemen, that
bientôt vous considérer comme mem- I shall soon be able to consider you as
bres de la grande famille Française. members of the great French family.
Je tiendrai à honneur de réaliser toutes I shall make it a point of honour to
vos espérances, et l'annexion d'un pays realise all your hopes, and the an-
que tant de liens rattachent à la France nexation of a country bound by so
deviendra pour lui une nouvelle cause many ties to France will be to her a
de prospérité et de progrès.
fresh cause of prosperity and prog-
ress.
En retournant au milieu de vos “When you return to your fellow-
concitoyens, dites-leur combien j'ai citizens, tell them how much I have
été touché de la manifestation dont been touched by the manifestation of
vous avez été les honorables organes. which you have been the honourable
11 y a parmi vous tant de descendants organs. There are among you so
de ces familles qui ont contribué à many descendants of those families
l'illustration de la France, dans la car- which have contributed to the lustre
rière des sciences comme dans celle des of France, in the career of science as
armes, que tout concourt à expliquer well as in that of arms, that every-
et à justifier l'æuvre de l'union qui se thing combines to explain and justify
prépare."
the work of union which is in prepara-
tion.”
Address to Victor Emanuel by the Municipality of Nice, Protesting against
the Proposed Annexation. March 19, 1860 1
SIRE,
SIRE.
Quando i popoli dell'Italia Centrale WHEN the people of Central Italy
(al grido di dolore dei quali non pote (to whose cry of pain your Majesty
restare insensibile il magnanimo cuore could not remain insensible), become
di vostra Maestà), fatti arbitri dei arbiters of their own destiny, showed
loro destini, manifestavano fermo più the firm intention of uniting them-
che mai ed irremovibile il proposito di selves to your Constitutional King-
unirsi al Costituzionale vostro Regno, dom, official documents gave ground
documenti ufficiali vennero dare cre- for the report that the County of
dito ed autorità alla voce già da tempo Nice was to be ceded to France.
diffusa, che Nizza colla sua contea
potesse essere ceduta ed unita all'Im-
pero Francese.
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
559
La popolazione di Nizza, fidele alle The population of Nice, faithful to
sue tradizioni di amore e di devozione their traditions of love and devotion
verso la Reale vostra Dinastia, e le
to your Royal Dynasty and your lib-
libere istituzioni che ci reggono, si è eral institutions, are much moved, and
vivamente commossa, e la Giunta Mu- think it their duty to break the re-
nicipale, organo della legale sua rap- spectful silence they have hitherto
presentanza, si è creduto in dovere di kept.
rompere il rispettoso silenzio che
finora aveva serbato.
Ascoltate, o Sire, la sua voce: essa They speak to your Majesty in the
vi parla in nome dei cinque secoli di name of five centuries of history
storia che Nizza ha comuni coll'antica which Nice has in common with your
vostra prosapia, in nome delle prove race, in the name of the unwavering
di costante ed inalterabile fedeltà che loyalty and faith which she has not
non cessò di dare ai Reali vostri prede- ceased to give your Royal prede-
cessori ed alla Maestà vostra, dei sac- cessors and to your Majesty, and of
rifizi ai quali si espose, dei patimenti what she has suffered for her fidelity.
che sopportò per la sua fedeltà.
E impossibile che l'idea di separarvi It is impossible that the idea of
da sudditi così fedeli ed antichi, non parting with such old and faithful
commuova il generoso vostro cuore. subjects can be indifferent to your
Seguitene gl'impulsi, e tramandate ai heart. Follow its impulses, and hand
vostri posteri questa parte del glorioso down to your posterity this part of
retaggio che ricevute dai vostri mag- the glorious heritage left you by your
giori.
ancestors.
Che se la parte gloriosa che la If the glorious part France played
Francia ebbe nella liberazione dell'-
in freeing [Central] Italy, and the
Italia Centrale, e i vincoli d'immensa bonds of great gratitude which bind
gratitudine coi quali si è avvinto il
the new kingdom to her, do not suffice
Regno novello, non valgono a rassi- to reassure your potent ally, and she
curare l'augusto e potente vostro desires a guarantee for the security of
alleato, e desidera garantie per la her frontier, let Nice be neutralized
sicurezza delle sue frontiere, si neu- instead of being separated from your
tralizzi Nizza senza staccarla dal glo- glorious sceptre, and all apprehen-
rioso vostro scettro, e saranno cal- sions will be calmed and all wishes
mate tutte le apprensioni ed appagati satisfied. .
tutti i voti.
(Firmato) Avvocato MALAUSSENA, (Signed) MALAUSSENA, Syndic;
Sindaco — A. F. LUBONIS CONTE A. F. LUBONIS; CONTE ENRICO DI
ENRICO DI FALICON Cav. ARSON FALICON; Cav. ARSON GONZAGA;
GONZAGA BUNICO MONTOLIVO.
BUNICO; MONTOLIVO.
560
DOCUMENTS
Notes Exchanged Between Switzerland, France and Sardinia 1
Count Cavour to M. Jocteau
Turin, le 21 mars, 1860.
Turin, March 21, 1860.
M. LE COMMANDEUR,
M. LE COMMANDEUR,
M. Tourte m'a remis copie de la M. Tourte has furnished me
note que vous trouverez ci-jointe, par with a copy of the note, which you
laquelle le Conseil Fédéral appelle l'at- will find inclosed, in which the Fed-
tention du Gouvernement du Roi sur eral Council calls the attention of the
la position juridique des provinces King's Government to the juridical
neutralisées de la Savoie. Il rappelle position of the neutralized provinces
à cet effet le Traité de 1564, entre la of Savoy. With reference to this
Savoie et Berne, et les stipulations they appeal to the Treaty of 1564 be-
Européennes de 1815.
tween Savoy and Berne, and to the
stipulations sanctioned by all Europe
in 1815.
M. Tourte en me laissant copie de
M. Tourte left with me a copy of
cette note m'en a adressée une autre that note, and addressed another to
dans laquelle, en se référant aux pro- me, in which, after referring to the
clamations des Gouverneurs de Cham- proclamations of the Governors of
béry et d'Annecy, annonçant une vota- Chambery and Annecy, announcing
tion prochaine relative à l'annexion de that votes would shortly be taken on
la Savoie à la France, il proteste, au the subject of the annexation of Sa-
nom du Conseil Fédéral, contre toute voy to France, he protests, in the
votation ou toute autre acte dont le name of the Federal Council, against
résultat pourrait apporter un change- all voting or other proceedings, the
ment à l'état actuel des choses en Sa- result of which might make a change
voie. Vous trouverez également ci- in the existing state of affairs in Sa-
joint copie de la note de l'Envoyé voy. You will also find inclosed a
Extraordinaire de la Suisse.
copy of the note from the Swiss En-
voy Extraordinary.
J'ai répondu verbalement à M. I answered M. Tourte verbally that
Tourte que je ne comprenais pas com- I did not understand how the course
ment la marche que le Cabinet du Roi taken by the King's Cabinet under
avait suivi dans cette circonstance these circumstances could have been
avait pu être un sujet de récrimina- a subject of recrimination on the part
tion de la part du Conseil Fédéral. 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
561
En effet il aurait suffi de lire la ré- have sufficed, indeed, to read the an-
ponse que, par l'entremise du Chargé swer which, through the agency of
d'Affaires de Sa Majesté à Paris, the King's Chargé d'Affaires at
j'avais fait à la communication dans Paris, I had made to the communica-
laquelle M. Thouvenel avait demandé tion in which M. Thouvenel had de-
des garanties pour la sécurité de la manded guarantees for the security
France, pour se convaincre que le of France, to be convinced that the
Cabinet du Roi, ne pouvant se refuser King's Cabinet, unable to decline ac-
à reconnaître la valeur d'un vote qui knowledging the value of a vote al-
serait prononcé, d'une manière légale, ready pronounced, in a legal manner,
par les populations de la Savoie, by the populations of Savoy, had not,
n'avait fait cependant cette déclaration however, made this declaration ex-
que sur les assurances exprimées dans cept upon the assurances expressed in
les notes du Cabinet Français de pren- the notes of the French Cabinet that
dre en sérieuse considération les in- they would take into serious consider-
térêts de la Suisse. J'ai ajouté à M. ation the interests of Switzerland.
Tourte que je comprenais moins en- I said in addition to M. Tourte, that
core de quel droit la Suisse protestait I understood still less well by what
non seulement contre toute modifica- right Switzerland protested, not only
tion territoriale de la Savoie, mais against any redistribution of territory
contre toute votation tendante à con- in Savoy, but against any vote whose
stater légalement les veux des popu- tendency is to record legally the
lations. Il y a là un oubli singulier wishes of the populations. In this
des droits de souveraineté de Sa Maj- there is a singular forgetfulness of
esté qu'il est assez difficile de s'ex- His Majesty's rights of sovereignty,
pliquer, même en tenant compte des which it is difficult enough to account
stipulations internationales invoquées for, even if we keep in view the inter-
par le Conseil Fédéral.
national stipulations appealed to by
the Federal Council.
Je ne crois donc pas convenable de I therefore deem it inexpedient to
m'arrêter sur cette partie de la comu- pause at this part of the Communi-
nication de la Confédération Helvé- cation from the Helvetic Confedera-
tique, et je me bornerais à quelques tion, and I would limit myself to
remarques sur la valeur attribuée par some observations on the value at-
le Conseil Fédéral au Traité de 1564 tached by the Federal Council to the
et aux transactions de 1815.
Treaty of 1564 and to the transac-
tions of 1815.
Je vous prie, M. le Commandeur, de
donner lecture et copie de cette de-
I beg, M. le Commandeur, that you
will read this despatch to the Presi-
562
DOCUMENTS
pêche à M. le Président de la Con-
fédération.
Agréez, &c.
(Signé) C. CAVOUR.
dent of the Confederation, and give
him a copy of it.
I beg, &c.
(Signed) C. Cavour.
The Swiss Federal Council to Dr. Kern 1
Berne, le 24 mars, 1860.
Berne, March 24, 1860.
MONSIEUR,
MONSIEUR,
M. Tillos, Chargé d'Affaires ad in- M. Tillos, Chargé d'Affaires ad
terim de France à Berne, a donné con- interim of France at Berne, has com-
naissance à M. le Président de la Con- municated to the President of the
fédération d'une note datée du 17 Confederation a note, dated the 17th
courant que son Excellence M. le instant, which his Excellency the
Ministre des Affaires Etrangères a Minister for Foreign Affairs has ad-
adressés au Représentant de la France, dressed to the Representative of
et qui doit être considéree comme ser- France, and which must be considered
vant de réponse à votre protestation as serving a reply to your Protest
présentée le 15 mars contre la cession presented on the 15th of March
sans condition de la Savoie à la against the unconditional cession of
France.
Savoy to France.
Si l'on a égard à la disposition du If regard be had to the disposition
peuple, qui paraît devoir fournir ici of the people, which it seems should,
la raison de décider et dont le Conseil in this matter, furnish the ground of
Fédéral ne méconnaît nullement l'im- the decision, and the importance of
portance, on peut réclamer pour la which the Federal Council by no
population du nord de la Savoie, con- means ignores, there might be claimed
formément à toutes les règles de for the population of Northern Sa-
l'équité, le droit d'exprimer librement voy, in conformity with all the rules
son opinion. Ou peut-être ne fau- of equity, the right of expressing
drait-il tenir aucun compte des 12,000 freely its opinion. Or might not,
citoyens qui se sont déjà prononcés perhaps, the 12,000 citizens who have
pour l'annexion à la Suisse? qui ont already pronounced for annexation to
declaré que leurs intérêts et leurs Switzerland be taken into account to
veux, leurs tendances, leurs besoins, a certain extent? citizens who have
leurs sympathies sont tout autres que declared that their interests and their
ceux des provinces méridionales ? wishes, their tendencies, their wants,
1 Text and translation from British Parliamentary Papers, Affairs of Italy [2702], p. 46.
I
SAVOY AND NICE, 1860
563
their sympathies, are all different
from those of the southern provinces ?
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,
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.
Le Président de la Confédération
(Signé) FREY-HEROSEE
Le Chancelier de la Confédération,
SCHIESS.
M. Tourte to Count Cavour 1
Turin, 28 mars, 1860.
Turin, March 28, 1860.
EXCELLENCE,
EXCELLENCY,
Un Traité pour la cession de la Sa- A Treaty for the cession of Sa-
voie à la France, Traité conclu le 24 voy to France, concluded on the 24th
courant, sous réserve de la ratification instant by the Plenipotentiaries of His
du Parlement Sarde, entre les Pléni- Majesty King Victor Emanuel II, and
potentiaires de Sa Majesté le Roi Vic- those of His Majesty the Emperor
tor Emanuel II, et ceux de Sa Majesté Napoleon III, subject to the approval
l'Empereur Napoleon III, vient d'être of the Sardinian Parliament, has just
inséré au " Moniteur Universel."
'' been inserted in the “ Moniteur Uni-
versel."
Ce Traité ayant été conclu sans la As this Treaty has been concluded
participation de la Suisse, qui cepen- without the concurrence of Switzer-
dant avait demandé d'être admise land, who had, however, applied to be
comme partie principale à prendre allowed to participate in it as one of
part aux négociations relatives à cette the principal parties concerned in the
cession, sa publication officielle doit negotiations relative to the cession,
être considérée par le Conseil Fédéral this official publication cannot be con-
comme un acte préliminaire menaçant sidered by the Federal Council but as
pour les droits que la Confédération a preliminary act of menace against
tient des Traités antérieurs.
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
DOCUMENTS
En conséquence, toute prise de pos- Consequently any act of appropri-
session, tant civile que militaire, du ation by France in the North of Sa-
nord de la Savoie par la France, aussi voy, whether civil or military, as long
longtemps qu'une entente à ce sujet as no understanding shall have been
n'aura pas eu lieu avec la Suisse, come to with Switzerland on the sub-
serait envisagée par cette dernière ject, will be regarded by her as a
comme une violation flagrante de ses flagrant violation of her rights.
droits.
Une prise de possession préliminaire A preliminary occupation by for-
par des Agents étrangers serait aussi eign Agents would be an unfair coer-
une restriction peu loyale apportée à cion of the free expression of the
la libre expression des voeux des popu- wishes of the population of these
lations de ces provinces.
provinces. Switzerland therefore re-
La Suisse revendique donc itera- peatedly claims the indefeasible right,
tivement le droit imprescriptible which she possesses, of not allowing
qu'elle a de ne pas voir un état de a state of things on which her inde-
choses sur lequel repose son indé- pendence is based, to be severely com-
pendance gravement compromis, sans promised, without her own consent to
qu'elle soit consentante à ce change- the change.
ment.
La défense de la neutralité de la The defence of Switzerland's neu-
Suisse rendant indispensable, trality in time of war, making the oc-
temps de guerre, l'occupation par les cupation of Faucigny, Chablais, and
troupes Fédérales du Faucigny, du Genevois, by Federal troops indis-
Chablais, et du Génévois, le Conseil pensable, the Federal Council has been
Fédéral a dû s'adresser aux Puissances obliged to address the Powers who
signataires de l'Acte Final du Con- signed the Final Act of the Congress
grès de Vienne, et de la Déclaration of Vienna, and the Declaration of
de Paris du 20 Novembre, 1815 -- Paris of the 20th of November, 1815,
Puissances qui ont garanti cette neu- which Powers guaranteed this neu-
tralité et la neutralité du territoire, trality, and also that of the territory,
Sarde alors, situé au nord d'Ugine, à at that time belonging to Sardinia,
l'égal de celle de la Suisse - pour situated north of Ugine, in order to
leur soumettre la position nouvelle submit to them the new position
qu'une des Parties Contractantes veut which one of the Contracting Powers
lui faire isolément, en transférant de alone wishes to impose upon her, in
la Sardaigne à la France la souve- transferring the sovereignty of these
raineté de ces Provinces.
provinces from Sardinia to France.
Au cas de cession de la Savoie à la In the event of the cession of Savoy
France, la Suisse demande l'annexion to France, Switzerland demands the
à son territoire des districts limi- annexation to her territory of the
en
SAVOY AND NICE, 1860
565
trophes de la Savoie du Nord; et cela, frontier districts of Northern Savoy.
conformément à la lettre et à l'esprit This demand is in conformity with
des Traités qui lient tant les Puis- the letter and spirit of the Treaties,
sances du Congrès de Vienne que la which are equally binding on the Pow-
Maison de Savoie et la Confédération ers who signed the Congress of Vi-
Helvétique.
enna, and on the House of Savoy and
the Helvetic Confederation.
Dans ces circonstances, je dois, au
Under these circumstances I am
nom et par ordre du Conseil Fédéral, obliged, in the name and by order of
en me référant à la note de ce corps the Federal Council, with reference
en date du 11 mars courant, à ma pro- tu their note dated the 11th of March,
testation du 14, et à mes notes des 21 to my Protest of the 14th, and to my
et 27 du même mois, protester de nou-
notes of the 21st and 27th of the
veau auprès du Gouvernement de Sa same month, again to protest to the
Majesté Victor Emanuel II, contre Government of His Majesty King
toute prise de possession, civile ou Victor Emanuel II, against any occu-
militaire, par la France, du territoire pation, civil or military, on the part
en litige, jusqu'à ce qu'une entente à of France, of the disputed territory,
ce sujet soit intervenue entre les Puis- until an understanding shall have been
sances garantes de la neutralité Suisse, come to on the subject between the
et la Suisse elle-même; cette dernière Powers who guaranteed the neutrality
demandant positivement la réunion of Switzerland, and Switzerland her-
d'une Conférence appelée à s'occuper self; this latter positively demanding
exclusivement de ce sujet.
the assembly of a Conference, con-
voked exclusively for the considera-
tion of this subject.
Dans l'espoir que le bon droit que In the hope that the just right to
j'invoque sera respecté par le Gouv- which I appeal will be respected by
ernement de Sa. Majesté le Roi de the Government of His Majesty the
Sardaigne, et qu'il n'oubliera jamais King of Sardinia, and that that Gov-
les égards dûs à un viel et bon voisin, ernment may never forget the con-
je vous prie, &c.,
sideration due to an old and friendly
neighbour, I beg, &c.
(Signé) A. TOURTE.
(Signed) A. TOURTE.
.
566
DOCUMENTS
Treaty Between France and Sardinia for the Union of Savoy and Nice with
France. Signed at Turin, March 24, 1860 1
Au nom de la Très-Sainte et Indi- In the name of the Most Holy and
visible Trinité.
Indivisible Trinity.
Sa Majesté l'Empereur des Fran- His Majesty the Emperor of the
çais ayant exposé les considérations French having explained the consider-
qui, par suite des changements sur- ations which, in consequence of the
venus dans les rapports territoriaux changes which have arisen in the ter-
entre la France et la Sardaigne, lui ritorial relations between France and
faisaient désirer la réunion de la Sa- Sardinia, caused him to desire the an-
voie et de l'arrondissement de Nice nexation of Savoy and of the arron-
(“circondario di
di Nizza") à la dissement of Nice (“circondario di
France, et Sa Majesté le Roi de Sar- Nizza") to France, and His Majesty
daigne s'étant montré disposé à y the King of Sardinia having shown
acquiescer, leurs dites Majestés ont himself disposed to acquiesce in it,
décidé de conclure un Traité à cet their said Majesties have decided to
effet, et ont nommé pour leurs Pléni- conclude a Treaty to this effect, and
potentiaires, savoir :-
have named as their Plenipotentiaries:
Sa Majesté l'Empereur des Fran- His Majesty the Emperor of the
çais, M. le Baron de Talleyrand- French, Baron de Talleyrand Peri-
Périgord, &c., &c., et M. Vincent gord, &c., and M. Vincent Benedetti,
Benedetti, &c., &c.;
&c.;
Et Sa Majesté le Roi de Sardaigne, And His Majesty the King of Sar-
son Excellence le Comte Camille dinia, his Excellency Count Camille
Benso de Cavour, &c., &c., et son Ex- Benso de Cavour, &c., and his Ex-
cellence M. le Chevalier Charles Louis cellency the Chevalier Charles Louis
Farini, &c., &c.;
Farini, &c.;
Lesquels, après avoir échangé leurs Who, after having exchanged their
pleins pouvoirs trouvés en bonne et full powers, found to be in good and
due forme, sont convenus des Articles due form, agreed on the following
suivants :
Articles :
ARTICLE I
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
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
1 Text and translation from British Parliamentary Papers, Affairs of Italy (2656), p. 25.
SAVOY AND NICE, 1860
567
et successeurs, en faveur de Sa Maj- descendants and successors, in favour
esté l'Empereur des Français, à ses of His Majesty the Emperor of the
droits et titres sur les dits territoires. French, his rights and titles over the
Il est entendu entre leurs Majestés que said territories. It is understood be-
cette réunion sera effectuée sans nulle tween their Majesties that this annex-
contrainte de la volonté des popula- ation shall be effected without any
tions, et que les Gouvernements de constraint of the wishes of the popu-
l'Empereur des Français et du Roi de lations, and that the Governments of
Sardaigne se concerteront le plus tôt the Emperor of the French and the
possible sur les meilleurs moyens d'ap- King of Sardinia will concert together
précier et de constater les manifesta- soon as possible upon the best
tions de cette volonté.
means of appreciating and verifying
the manifestations of those wishes.
as
ARTICLE II
ARTICLE 2
Il est également entendu que. Sa It is equally understood that His
Majesté le Roi de Sardaigne ne peut Majesty the King of Sardinia cannot
transférer les parties neutralisées de transfer the neutralized parts of Sa-
la Savoie qu'aux conditions auxquelles voy, except on the conditions upon
il les possède lui-même, et qu'il appar- which he himself possesses them, and
tiendra à Sa Majesté l'Empereur des that it will appertain to His Majesty
Français de s'entendre à ce sujet, tant the Emperor of the French to come to
avec les Puissances représentées au an understanding on this subject, both
Congrès de Vienne qu'avec la Con- with the Powers represented at the
fédération Helvétique, et de leur Congress of Vienna, and with the
donner les garanties qui résultent des Swiss Confederation, and to give
stipulations rappelées dans le présent them the guarantees required by the
Article.
stipulations referred to in this Article.
ARTICLE III
ARTICLE 3
Une Commission Mixte détermi- A Mixed Commission shall deter-
nera, dans un esprit d'équité, les fron- mine, in a spirit of equity, the fron-
tières des deux Etats, en tenant tiers of the two States, taking into ac-
compte de la configuration des mon- count the configuration of the moun-
tagnes et de la nécessité de la défense.
tains and the requirements of defence.
ARTICLE IV
ARTICLE 4
Une ou plusieurs Commissions
Mixtes seront chargés d'examiner et
de résoudre, dans un bref délai, les
diverses questions incidentes aux-
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
DOCUMENTS
quelles donnera lieu la réunion, telles nexation will give rise, such as the set-
que la fixation de la part contributive tlement of the share to be contributed
de la Savoie et de l'arrondissement de by Savoy and the Arrondissement of
Nice (“ circondario di Nizza ") dans Nice (“ circondario di Nizza ”) to-
la dette publique de la Sardaigne, et wards the public debt of Sardinia, and
l'exécution des obligations résultant the execution of the obligations re-
des contrats passés avec le Gouverne- sulting from contracts entered into
ment Sarde, lequel se réserve toute- with the
the Sardinian Government,
fois de terminer lui-même les travaux which Government, however, reserves
entrepris pour le percement du tunnel the right of itself terminating the la-
des Alpes (Mont-Cenis).
bours undertaken for boring the tun-
nel of the Alps (Mont Cenis).
ARTICLE V
ARTICLE 5
Le Gouvernement Français tiendra The French Government will se-
compte aux fonctionnaires de l'ordre cure to the civil and military func-
civil et aux militaires appartenant par tionaries belonging by birth to the
leur naissance à la Province de Savoie Province of Savoy and to the Arran-
et à l'arrondissement de Nice (“cir- dissement of Nice (“circondario di
condario di Nizza ") et qui devien- Nizza”), and
Nizza”), and who shall become
dront sujets Français, des droits qui French subjects, the rights due to them
leur sont acquis par les services ren- on account of the services rendered
dus au Gouvernement Sarde; ils joui- by them to the Sardinian Govern-
ront notamment du bénéfice résultant
ment: they shall especially enjoy the
de l'inamovibilité pour la magistrature advantages resulting from the perma-
et des garanties assurées à l’armée. nency of the magisterial appointments,
and from the guarantees ensured to
the army.
ARTICLE VI
ARTICLE 6
Les sujets Sardes originaires de la Sardinian subjects natives of Sa-
Savoie et de l'arrondissement de Nice,
voy and the Arrondissement of Nice,
ou domiciliés actuellement dans ces at present domiciled in those prov-
provinces, qui entendront conserver inces, who shall desire to preserve
la nationalité Sarde, jouiront, pendant their Sardinian nationality, shall en-
l'espace d'un an à partir de l'échange joy, during the space of one year
des ratifications, et moyennant une from the date of the exchange of
déclaration préalable faite à l'autorité ratifications, and provided that they
compétente, de la faculté de trans- make a previous declaration to the
porter leur domicile en Italie et de s'y competent authority, the right of
fixer, auquel cas la qualité de citoyen transporting their domicile into Italy,
Sarde leur sera maintenue.
and of fixing it there, in which case
SAVOY AND NICE, 1860
569
Ils seront libres de conserver leurs
immeubles situés sur les territoires
réunis à la France.
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 VII
ARTICLE 7
Pour la Sardaigne, le présent Traité
sera exécutoire aussitôt que la sanc-
tion législative nécessaire aura été
donnée par le Parlement.
As concerns Sardinia, the present
Treaty shall be in force as soon as the
necessary legislative sanction shall
have been given by Parliament.
ARTICLE VIII
ARTICLE 8
Le présent Traité sera ratifié, et les The present Treaty shall be rati-
ratifications en seront échangées à fied, and the ratifications of it shall
Turin dans le délai de dix jours, ou be exchanged at Turin within ten
plus tôt si faire se peut.
days, or sooner if possible.
En foi de quoi, les Plénipotentiaires In faith of which the respective
respectifs l'ont signé et y ont apposé Plenipotentiaries have signed it, and
le cachet de leurs armes.
affixed to it their armorial seals.
Fait en double expédition à Turin, Done in duplicate at Turin, the
le vingt-quatrième jour du mois de twenty-fourth day of the month of
Mars de l'an de grâce mil huit cent March of the year of grace one thou-
soixante.
sand eight hundred and sixty.
(Signé) TALLEYRAND.
(Signed) TALLEYRAND.
BENEDETTI.
BENEDETTI.
CAVOUR
CAVOUR.
FARINI.
FARINI.
Proclamation of Victor Emanuel to the Inhabitants of Savoy and Nice.
April 1, 1860 1
AUX HABITANTS DE LA SAVOIE ET DE TO THE INHABITANTS OF SAVOY AND
NICE.
OF NICE.
Un traité conclu le 24 mars établit A treaty concluded on the 24th
que la réunion de la Savoie et de Nice of March determines that the union
à la France aura lieu avec l'adhésion of Savoy and Nice to France shall
1 Martens, N. R. G., vol. 16, pt. II, p. 541. Translation from Parliamentary Papers.
570
DOCUMENTS
des populations et la sanction du Par- take place with the concurrence of the
lement.
populations and the sanction of the
Parliament.
Quelque pénible qu'il me soit de me However painful it may be for me
séparer des provinces qui ont fait si to separate myself from provinces
longtemps partie des Etats de mes which have for so long a period
ancêtres, et auxquelles tant de sou- formed part of the dominions of my
venirs me rattachent, j'ai dû con- ancestors, and to which I am bound
sidérer que les changements territo- by so many recollections, I have had
riaux amenés par la guerre en Italie to take into consideration that the
justifiaient la demande que mon au- territorial changes which the war in
guste allié l'Empereur Napoléon m'a Italy led to, justified the demand which
adressée pour obtenir cette réunion. my august ally the Emperor Napoleon
J'ai dû en outre tenir compte des addressed to me with a view to ef-
services immenses que la France a fecting this union.
I had, moreover,
rendus à l'Italie, des sacrifices qu'elle to take into account the vast services
a faits dans l'intérêt de son indépen- rendered by France to Italy, the sacri-
dance, des liens que les batailles et les fices made in the interest of her in-
traités ont formés entre les deux pays. dependence, the ties which battles and
Je ne pouvais méconnaître d'ailleurs Treaties have formed between the two
que le développement du commerce, countries. I could not, besides, ig-
la rapidité et la facilité des communi- nore the fact that the development
cations augmentent chaque
chaque jour
jour of commerce, the rapidity and the
davantage l'importance et le nombre ease of communication, increase more
des rapports de la Savoie et de Nice and more every day the importance
avec la France. Je n'ai pu oublier and the number of the relations of
enfin que de grandes affinités de race, Savoy and of Nice with France.
de langage et de maurs rendent ces Lastly, I could not forget that great
• rapports de plus en plus intimes et affinity in race, in language, and in
naturels.
manners, render these relations con-
tinually closer and more natural.
Toutefois ce grand changement Nevertheless, this great change in
dans le sort de ces provinces ne sau- the destiny of the provinces cannot
rait vous être imposé. Il doit être le be imposed upon you.
It must be the
résultat de votre libre consentement. result of your free consent. Such is
Telle est ma ferme volonté: telle est my determined wish; such is also the
aussi l'intention de l'Empereur des intention of the Emperor of the
Français. Pour que rien ne puisse French. In order that nothing may
gêner la libre manifestation de vos hinder the free manifestation of your
vaux, je rappelle ceux parmi les prin- wishes, I recall those among the prin-
SAVOY AND NICE, 1860
571
cipaux fonctionnaires de l'ordre ad- cipal functionaries in the ranks of the
ministratif qui n'appartiennent pas à Administration who do not belong to
votre pays, et je les remplace momen- your country, and I replace them tem-
tanément par plusieurs de vos concito- porarily by several of
porarily by several of your fellow-cit-
yens entourés de l'estime et de la con- izens who have earned the esteem and
sidération générale.
regard of the public.
Dans ces circonstances solennelles In circumstances of such solemnity
vous vous montrerez dignes de la répu- you will show yourselves worthy of
tation que vous avez acquise. Si vous the reputation which you have ac-
devez suivre d'autres destinées, faites quired. If you should have to seek
en sorte que les Français vous accueil- a new destiny, act in such wise that
lent comme des frères qu'on a depuis the French shall receive you as breth-
longtemps appris à apprécier et à es- ren whom they have long since learnt
timer. Faites que votre réunion à la to appreciate and to esteem.
France soit un lien de plus entre deux that your union to France may be-
nations dont la mission est de travail- come an additional link between two
ler de concert au développement de la nations whose mission is to labour in
civilisation,
concert for the development of civili-
zation.
Turin, 1 avril 1860.
Turin, April 1, 1860.
Act so
Speech of Victor Emanuel on Opening the Sardinian Parlianient. April 2,
1860 1
SIGNORI SENATORI, SIGNORI DEPU- SENATORS AND DEPUTIES,
TATI,
L'ultima volta che io apriva il Par- The last time that I opened Par-
lamento in mezzo ai dolori dell'Italia liament amid the afflictions of Italy
ed ai pericoli dello Stato, la fede and the dangers of our country, faith.
nella Divina giustizia confortavami a in Divine justice made me hopeful for
bene augurare delle nostre sorti (Ap- our future, and consoled me.
plausi).
In tempo brevissimo una invasione In the shortest space of time an in-
respinta, libera la Lombardia per glo- vasion repulsed, Lombardy freed by
riose gesta d'eserciti, libera l'Italia glorious deeds of arms, Central Italy
Centrale per meravigliosa virtù di freed by marvellous virtues on the
1 Text and translation from British Parliamentary Papers, Affairs of Italy, Savoy and
Switzerland [2702], p. 116.
572
DOCUMENTS
popoli (Viva approvazione,) ed oggi part of the people, and to-day as-
qui accolti intorno a me i rappresen-
sembled around me the representa-
tanti del dritto e delle speranze della tives of right, and of the hopes of
nazione (Applausi clamorosi.
Eva the nation.
viva il Re!")
Di tanto bene andiamo debitori ad All this we owe, partly to a mag-
un Alleato magnanimo, alla prodezza nanimous ally, to the bravery of his
dei suoi e dei nostri soldati (Applausi and our soldiers, to the abnegation of
prolungati), alla abnegazione dei vo- the volunteers, to the persevering con-
lontari, alla perseverante concordia cord of the people, and we render
dei popoli, e ne rendiamo merito a God thanks for it; for without his
Dio; chè senza aiuto sovrumano non help such events, memorable for the
si compiono imprese memorabili alle
present and the future could not have
presenti ed alle future generazioni come to pass.
(Nuovi applausi).
Per riconoscenza alla Francia, pel In gratitude to France, for the wel-
bene d'Italia, per assodare la unione fare of Italy, to consolidate the union
delle due nazioni che hanno comu- of those nations which have a com-
nanza di origini, di principii e di des- mon origin, common principles and
tini, abbisognando alcun sacrificio, ho destinies, some sacrifice being neces-
fatto quello che costava di più al sary, I have made that one most pain-
mio cuore (Sua Maestà il Re pro- ful to my heart. Conditionally on
nuncia queste parole con commozione the wish of the natives and the con-
visible. Nuove grida di “Viva il
sent of Parliament, and that the In-
Re!"). Salvi il voto dei popoli e ternational rights of Switzerland be
l'approvazione del Parlamento, salvi guaranteed, I have stipulated a Treaty
in risguardo della Svizzera le guaren- that Savoy and the territory of Nice
tigie del diritto internazionale, ho be reunited to France.
stipulato un Trattato sulla riunione
della Savoia el' del circondario di
Nizza alla Francia.
Proclamation of the Provisional Governor of Savoy. April 4, 1860 1
CITIZENS,
CONCITTADINI,
Nel farci lealmente conoscere le po- In announcing to us frankly the
tenti considerazioni che lo hanno in- weighty considerations which have
dotto a separarsi da noi, Sua Maestà il induced him to separate himself from
1 Text and translation from British Parliamentary Papers, Affairs of Italy [2702], p. 162.
SAVOY AND NICE, 1860
573
ma-
voce.
Re Vittorio Emanuele II ci ha detto us, King Victor Emanuel has told us
come questo sacrificio sia stato colo- how much this costs him.
roso al suo cuore.
Egli conserva per la Savoia, per He cherishes for Savoy, a name
questa terra di cui la sua famiglia ha which his family have so much illus-
illustrato il nome, quei sentimenti di trated, those sentiments of esteem and
stima e di affezione che essa ha saputo' affection which Savoy has earned by
meritarsi per otto secoli di fedelità e eight centuries of fidelity and devo-
di devozione.
tion.
Un pensiero, nondimanco, tempra One feeling moderates his regret,
l'amarezza del suo rammarico ed è which is that the union of our coun-
che la riunione della nostra patria try to France secures for ever her
alla Francia assicura per sempre la prosperity, the care of it being in-
sua felicità e la sua prosperità, affi- trusted to our magnanimous ally Na-
dandone egli la cura al suo
poleon III.
gnanimo alleato, Sua Maestà l'Impe-
ratore Napoleone III.
Il paese intanto dee far udir la sua Still the country must let its voice
I due Sovrani lo esigono be heard. Both Sovereigns demand
ugualmente, e la lor ferma volontà è it, and their wish is that the most en-
che sia assicurata la libertà più intera tire liberty prevail in the voting.
alla manifestazione de'suoi voti.
Accettando in queste circostanze Under these circumstances, in ac-
l'ufficio delicato che mi è stato affidato, cepting the office confided to me, and
e che, quantunque temporaneo, è which, though temporary, is much
d'assai superiore alle mie forze, io non above my abilities, I have only con-
ho consultato che il mio attaccamento sulted my love for my country.
alla nostra cara patria.
Io fo assegnamento, per compierlo, I count on the loyal support of the
sul concorso leale di tutte le autorità e authorities, and on the good sense of
sul buon senso della popolazione di the populace.
questa provincia.
Concittadini,
Citizens,
Raccogliamoci aspettando il mo- Let us await with calm the sol-
mento solenne in cui dovremo espri- emn moment in which we shall have
mere i nostri voti, secondo il modo to express our wishes in the man-
che sarà ulteriormente adottato; e ner which shall hereafter be pre-
quando questo giorno sarà venuto, ri- scribed; and when that day shall come,
uniti tutti in uno stesso sentimento di united in one common sentiment of
amore per la patria, ci avvieremo con love for our country, we will turn
altrettanta calma e risoluzione verso i with calm and resolution to the new
574
DOCUMENTS
destinies that so gloriously await her.
nuovi e grandi destini che la atten-
dono.
Ciamberi, 4 Aprile, 1860.
Il Governatore Provvisorio,
(Firmato) Du PASQUIER.
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 1
On nous transmet la Proclaination The following Proclamation has
suivante, adressée le 5 avril aux habi- been transmitted to us, addressed, on
tants de la Ville et du Comté de Nice April 5, to the inhabitants of the town
par le Gouverneur-Régent, M. Lu- and county of Nice by the Governor-
bonis:
Regent, M. Lubonis:
“ CONCITOYENS,
• FELLOW-CITIZENS,
“Les incertitudes sur nos destinées “ The uncertainty as to our des-
viennent de cesser. Par le Traité tinies has ceased. By the Treaty
signé le 24 mars dernier, le vaillant signed on the 24th of March last, the
Roi Victor Emanuel a cédé à la France valiant King Victor Emanuel has
la Savoie et l'Arondissement de Nice. ceded to France Savoy and the Ar-
Les plus puissants motifs de conve- rondissement of Nice.
of Nice. The most
nance politique, les exigences de l'ave- powerful motives of political con-
nir de l'Italie, le sentiment de recon- venience, the exigencies of the future
naissance envers son puissant allié, of Italy, the sentiment of gratitude
les circonstances enfin toutes particu- towards his powerful ally --- in fine,
lières de notre pays ont décidé, quoique the altogether peculiar circumstances
à regret, ce bien-aimé Souverain à se of our country, decided our well-be-
séparer de provinces étroitement liées loved Sovereign, although with re-
depuis de siècles à sa Dynastie. Mais gret, to separate himself from prov-
le sort des peuples ne doit pas res- inces for centuries closely connected
sortir exclusivement de la volonté des with his Dynasty. But the fate of
Princes. Aussi le magnanime Em- peoples ought not to depend exclu-
pereur Napoléon III et le loyal Victor sively on the will of Princes.
Emanuel ont-ils désiré que le Traité magnanimous Emperor Napoleon III
de Cession fut fortifié par l'adhésion and the loyal Victor Emanuel also de-
populaire.
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
575
“A cet objet, vous serez sous peu should be fortified by popular adhe-
convoqués aux Comités Electoraux, et sion. With this object, you will soon
Sa Majesté le Roi m'a confié inopiné- be summoned to the Electoral Com-
ment le Gouvernement Provisoire de mittees; and His Majesty the King
cet arrondissement en ma qualité de has confided to me, unexpectedly, the
votre concitoyen.
Provisional Government of this Ar-
rondissement in my quality of your
fellow-citizen.
“Concitoyens, à la voix auguste du “Fellow-citizens, at
at the
the august
Roi, tout incertitude sur notre avenir voice of the King all uncertainty as to
a disparu. De la même manière, à our future has disappeared. In the
ses augustes paroles doivent dispa- same manner, at his august words
raître désormais les dissensions et les dissensions and rivalries must hence-
rivalités. Tous les citoyens doivent forth disappear. All the citizens
être animés par le même esprit de con- should be animated by the same spirit
ciliation. Toutes les oppositions doi- of conciliation. All oppositions must
vent se briser impuissantes contre les fall powerless before the interests of
intérêts de la patrie et le sentiment du country and the sentiment of duty.
devoir. Au surplus, elles trouve- Besides, it would find an insurmount-
raient un obstacle insurmontable dans able obstacle in the desires of Victor
les désirs mêmes de Victor Emanuel. Emanuel.
" Les demonstrations publiques "Public demonstrations at this mo-
dans ce moment n'ont plus leur raison ment have no longer an object. The
d'être. Leur but serait de compro-
result of them would be to compro-
mettre l'ordre public, qui sera désor- mise public order, which will hence-
mais protégé énergiquement.
forth be energetically protected.
“La confiance, la tranquillité, et le "Confidence, tranquility, and calm-
recueillement doivent présider à l'acte ness should preside over the solemn
solennel auquel vous serez appelés. act to which you will be invited.
"Concitoyens, la mission que le Roi "Fellow-citizens, the mission which
vient de me confier est transitoire, the King has confided to me is transi-
mais importante. Pour remplir ma tory, but important. For the fulfil-
tâche dans ces moments extraordi- ment of my task in these extraordi-
naires, je compte sur votre concours, nary moments I count on your con-
sur votre respect pour les lois, et sur currence, on your respect for the laws,
le haut degré de civilisation auquel and on the high degree of civilization
vous avez su vous élever.
to which you have elevated your-
selves.
“Hâtons-nous donc d'affermir par “Let us, then, hasten to affirm by
nos suffrages la réunion de notre our votes the annexation of our coun-
Comté à la France. En nous rendant try to France. In rendering our-
576
DOCUMENTS
l'écho des intentions du Roi, serons- selves the echo of the King's inten-
nous autour du drapeau de cette noble tions, let us rally round the flag of
et grande nation qui a toujours excité that noble and great nation which has
nos plus vives sympathies. Rallions- ever excited our most lively sympa-
nous autour du Trône du glorieux thies. Let us rally round the Throne
Empereur Napoléon III. Entourons- of the glorious Emperor Napoleon
nous de cette fidelité toute particulière III; let us surround it with that fidel-
à notre pays que nous avons conservée ity altogether peculiar to our coun-
jusqu'à ce jour à Victor Emanuel. try, which we have hitherto preserved
Pour ce Prince auguste qu'on garde for Victor Emanuel. As regards that
parmi nous le sulte des souvenirs, et august Prince, let the cultivation of
que des væux bien ardents s'élèvent memories be kept up among us, and
pour ses nouvelles et brillantes des- let most ardent wishes be raised for
tinées. Pour le grand Napoléon III, his new and brilliant destinies. As
dont la puissante volonté est d'ouvrir regards the great Napoleon III, whose
une ère nouvelle de prospérité pour powerful will is to open a new era of
notre pays, commenceront notre fide- prosperity for our country, let us
lité à toute épreuve et notre dévoue- commence our unswerving fidelity and
ment sans bornes.
our boundless devotion.
“Vive la France !
"Vive la France !
Vive l'Empereur Napoléon III ! Vive l'Empereur Napoleon III!
'Le Gouverneur-Régent,
" The Governor-Regent,
(Signé) LUBONIS
(Signed) LUBONIS.
“Nice, le 5 Avril, 1860."
“Nice, April 5, 1860."
Address to the Sardinian Parliament by the Deputies elected from Savoy to
that Body. April 5, 1860 1
Les Députés au Parlement Sarde, The Deputies of the Sardinian Par-
dont suivent ci-dessous les noms, ont liament, whose names will be found
décidé avant hier qu'ils adresseront à below, decided on the day before yes-
M. le Président de la Chambre à terday to address the following letter
Turin la lettre suivante, que nous to the President of the Chamber at
croyons devoir reproduire:
Turin, which we think it our duty to
publish:
M. LE PRÉSIDENT,
“MR. PRESIDENT,
“Les Députés au Parlement sous- “ The following Deputies in Parlia-
signés, représentant les Collèges de 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
577
!
Chambéry, Aix-les-Bains, Pont-Beau- Chambery, Aix-les-Bains, Pont Beau-
voisin, Yenne, Alvertville, Ugine, voisin, Yenne, Albertville, Ugine, St.
Saint-Jean de Maurienne, Aiguebelle, Jean de Maurienne, Aiguebelle, Mou-
Moûtiers, Annecy, Rumilly, Saint- tiers, Annecy, Rumilly, St. Julien,
Julien, Bonneville, Saint Jeoire, Tho- Bonneville, St. Jeoire, Thonon, and
non et Evian, croient devoir s'abstenir, Evian, think it their duty to absent
pour le moment, de se rendre à la
themselves at present from the Cham-
Chambre des Députés.
ber of Deputies.
“Leur patrie est appelée à sanc- Their country is called upon to
tionner par le vote universel le Traité sanction by a general vote the Treaty
de cession à la France avant qu'il soit of Cession to France, before it is sub-
soumis au Parlement. Le résultat de mitted to Parliament.
ce vote ne peut être douteux, car les “The result of this vote cannot be
Alpes, la langue, les mœurs, les rela- doubted, for the Alps, the language,
tions commerciales rendent la Savoie habits, and commercial relations make
Française. Elle votera donc la réali- Savoy French. It will vote, there-
sation politique de ce que la nature a fore, for the political realization of
déjà fait, et avec d'autant moins what Nature has already done, and
d'hésitation qu'elle a déjà la certitude with so much the less hesitation as it
qu'elle ne sera pas démembrée, et is already certain that it will not be
qu'elle trouvera, dans une zone doua- divided, and that it will find in a com-
nière, pour les provinces qui en ont mercial zone a safeguard for the com-
besoin, la sauvegarde de leurs intérêts mercial interests of the provinces who
commerciaux. Dans de pareilles cir- have need of it.
have need of it. Under such circum-
constances, les Députés Savoisiens stances, the Savoyard Deputies think
soussignés croient devoir, jusqu'après it their duty to abstain from taking
l'émission du vote universel, s'abstenir part in the deliberations of the Par-
de prendre part aux délibérations du liament, until the universal vote has
Parlement.
been taken.
Chambéry, le 5 Avril, 1860.
Chambery, April 5, 1860.
(Signé)
(Signed)
“ ERNEST DE BOIGNE, Député de “ERNEST DE BOIGNE, Deputy of
Chambéry.
Chambery.
" DE MARINEL, d'Aix,
“DE MARINEL, of Aix.
“ CHAPPERON, du Pont Beauvoisin. "CHAPPERON, of Pont Beauvoisin.
“ GIROD DE MONTFALCON, d’Yenne.
“
GIROD MONTFALCON,
of
Yenne.
CHALLEND, d'Albertville.
CHALLEND, of Albertville.
MAURICE BLANC, d'Ugine.
"MAURICE BLANC, of Ugine.
"GREYFIE, de Moûtiers et de St. "GREYFIE, of Moutiers and St.
Jean de Maurienne.
Jean de Maurienne.
DE
578
DOCUMENTS
“ J. REPLAT, d'Annecy.
GINET, de Rumilly.
“HIPPOLYTE PISSARD, de St. Ju-
lien.
“PELLOUX, de Bonneville.
ALEXIS DE LA FLECHERE, de St.
Jeoire.
JULES BEAURIN, de Thonon.
"FAVRAT DE BELLEVAUX, d'Evian.
FRANÇOIS GRANGE, d’Aiguebelle.”
“J. REPLAT, of Annecy.
GINET, of Rumilly.
HIPPOLYTE PISSARD, of St. Ju-
lien.
"PELLOUX, of Bonneville.
“ ALEXIS DE LA FLECHERE, of St.
Jeoire.
JULES BEAURIN, of Thonon.
“ FAVRAT DE BELLEVAUX, of Evian.
“ FRANÇOIS GRANGE, of Aigue-
belle."
M. Chenal, Deputy of Sallanches,
and M. Louaraz, being absent, did not
sign.
M. Chenal, Député de Sallanches, et
M. Louaraz, absent, n'ont point signé.
Cavour Assures the Swiss Government that France will not take Possession
until after the Plebiscite. April 6, 1860 1
Count Cavour to M. Tourte
ce mois.
Turin, le 6 Avril, 1860.
Turin, April 6, 1860.
M. L'ENVOYÉ,
M, L'ENVOYÉ,
J'ai l'honneur de vous accuser ré- I have the honor to acknowledge
ception des deux notes que vous avez the receipt of the two notes which you
bien voulu m'adresser le 1 et le 5 de were good enough to address to me
on the 1st and 5th of this month.
D'après le désir que vous m'en avez In conformity with the wish you
témoigné, je m'empresse de vous dé- expressed, I hasten to inform you
clarer que conformément aux dispo- that, in conformity with the provi-
sitions du Traité du 24 Mars, la sions of the Treaty of the 24th of
France ne prendra pas possession des March, France will not take posses-
provinces de la Savoie avant que les sion of the Provinces of Savoy be-
populations se soient prononcées et fore the population have given their
que le Parlement ait ratifié le Traité.
votes, and the Parliament has ratified
the Treaty
Les autorités Sardes continueront Consequently the Sardinian author-
en conséquence à administrer le pays. ities will continue to govern the coun-
Veuillez, &c
try.
Accept, &c.
(Signé) C. CAVOUR.
(Signed) C. CAVOUR.
1 Text 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 1
GOUVERNEMENT DE L'AR-
RONDISSEMENT DE NICE
GOVERNMENT OF THE DIS-
TRICT OF NICE
1
THE PROVISIONAL GOVERNOR OF THE
LE GOUVERNEUR PROVISOIRE DE LA
VILLE ET DU COMTÉ DE NICE,
CITY AND COUNTY OF NICE,
Vu le traité conclu le 24 mars der- In view of the treaty concluded on
nier, par lequel S. M. le Roi a cédé à March 24, last, by which H. M. the
la France la Savoie et l'arrondisse- King has ceded Savoy and the district
ment de Nice;
of Nice to France;
Vu la proclamation du Roi aux In view of the proclamation of the
habitants des pays cédés, en date du King to the inhabitants of the ceded
premier du courant;
countries, dated the first of the cur-
rent month;
Considérant que la réunion de la Considering that the union of Sa-
Savoie et de l'arrondissement de Nice voy and the district of Nice to France
à la France doit avoir lieu avec l'ad- should take place with the adhesion
hésion des populations,
of the population,
ARRÊTE:
DECREES:
ART. 1. Les populations de la ville ARTICLE 1. The population of the
et de l'arrondissement de Nice sont City and district of Nice are called to
appelées à voter sur leur réunion à la vote on their union with France.
France.
Art. 2. Le vote aura lieu par ART. 2. The vote shall be by YES
QUI ou par NON, au scrutin secret, or NO, by secret ballot, written or
au moyen de bulletins écrits ou im- printed.
primés.
Les bulletins portant tout autre Ballots containing any other form-
formule seront comme non-avenus et ula shall be considered null and void.
considérés nuls.
ART. 3. Le scrutin sera ouvert ART. 3. The polls shall be open in
dans chaque commune dimanche 15 et each commune on Sunday the 15th
lundi 16 avril 1860, de neuf heures and Monday the 16th of April, 1860,
du matin jusqu'à quatre heures du from nine A. M. to four P. M.
soir
Art. 4. Seront admis à voter tous 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
DOCUMENTS
munale.
travel papers.
les citoyens âgés de 21 ans au moins, age of 21 years, at least, shall be qual-
appartenant par leur naissance ou leur ified to vote who by birth or origin be-
origine au comté de Nice, habitant la long to the county of Nice, who have
commune depuis six mois, et n'ayant been residents of the commune for
pas subi de condamnations pénales six months past, and have not suffered
prévues par l'article 25 de la loi com- any penal sentence, as provided in Ar-
ticle 25 of the communal law.
L'obligation d'une résidence de six The obligation of a residence of six
mois n'est pas exigée des Niçois no- inonths is not required of those who
toirement connus qui rentreront pour are known to be Niçois, who shall re-
se faire inscrire et prendre part au turn in order to register and take part
vote.
in the vote.
ART. 5. Tous les contingents ni- ART. 5. Whereas all the armed
çois devant être renvoyés dans leurs forces of Nice shall be returned to
foyers, les soldats licenciés ou en their homes, the soldiers discharged
congé qui rentreront en temps utile or on furlough who shall return to
dans l'arrondissement de Nice y se- the district of Nice within the proper
ront admis à voter sur la présentation time shall there be allowed to vote on
de leur congé ou de leur feuille de the presentation of their furlough or
route.
ART. 6. Il sera formé dans chaque ART. 6. In each commune there
commune un comité présidé par le shall be formed a committee presided
syndic, et composé d'au moins quatre over by the syndic and composed of at
conseillers municipaux désignés par least four municipal councillors ap-
le gouverneur ou par son délégué. pointed by the governor or by his
agent.
ART. 7. Les comités dresseront et ART. 7. The committees shall
publieront d'urgence dans la commune draw up and publish with expedition,
la liste des citoyens appelés à voter; in the commune, the list of citizens
ils statueront sommairement sur toutes summoned to vote; they shall give
les réclamations.
final decisions on all appeals.
ART. 8. Dans les communes où ART. 8. In the communes where
les citoyens inscrits dépasseront le the registered citizens exceed the num-
nombre de mille on établira plusieurs ber of 1,000, several sections shall be
sections dont chacune ne pourra comp- established, no one of which shall in-
ter moins de cinq cents citoyens in- clude less than five hundred registered
scrits.
citizens.
ART. 9. A quatre
A quatre heures, di- Art. 9. At four o'clock, on Sun-
manche 15, le scrutin sera clos et day the 15th, the voting shall be closed
l'urne sera scellée publiquement par le and the electoral urn shall be publicly
SAVOY AND NICE, 1860
581
comité, et déposée à la maison com- sealed by the committee and deposited
mune sous sa responsabilité.
at the City Hall under its responsi-
bility.
Art. 10. A quatre heures, lundi Art. 10. At four o'clock, on
16, le scrutin sera définitivement clos; Monday the 16th, the voting shall be
les comités procéderont publiquement finally closed; the committees shall
au dépouillement, dresseront procès- proceed publicly to the summing up,
verbal de toutes les opérations et du and shall draw up a formal minute of
résultat du scrutin.
all the operations and of the result of
the vote.
Le procès-verbal sera signé par tous The formal minute shall be signed
les membres du comité, et dressé en by all the members of the committee,
double original, dont l'un sera déposé and shall be drawn up in copy, one of
dans les archives de la commune et which shall be deposited in the ar-
l'autre adressé immédiatement au chives of the commune and the other
gouverneur qui réglera ultérieurement sent immediately to the governor who
par un décret spécial de qui est relatif shall later, by a special decree, pro-
au recensement général et à la procla- vide for whatever relates to the gen-
mation du vote.
eral count and to the proclamation of
the vote.
Nice, 7 avril 1860.
Nice, April 7, 1860.
Le gouverneur provisoire,
The Provisional Governor,
LUBONIS.
LUBONIS.
Proclamation of the Syndic of the City of Nice, April 8, 1860 2
CONCITOYENS!
FELLOW-CITIZENS !
Vous êtes appelés à accomplir un You are called to fulfill an act
acte qui marquera dans vos annales which will mark a memorable epoch
une époque mémorable.
in your annals.
Le 15 et le 16 de ce mois les urnes On the 15th and 16th of this month
du suffrage universel s'ouvriront pour the urns of universal suffrage will be
constater votre volonté sur l'annexion opened to determine your will as to
à la France.
annexation with France.
Dans un moment aussi solennel, la At a moment of such solemnity, the
voix de votre premier magistrat mu- voice of your chief municipal magis-
nicipal ne peut pas rester silencieux; trate can not remain silent; both his
1 Atti del Parlamento Italiano 10, Camera dei Deputati, April 12, 1860, p. 86.
582
DOCUMENTS
il est de son devoir et de son honneur duty and honor compel him to de-
de vous déclarer franchement, ouver- clare to you, frankly and openly, the
tement, la voie que sa conscience et path which his conscience and the pub-
l'intérêt public lui commandent de lic interest command him to follow.
suivre.
Les devoirs que lui imposaient son Nice has nobly fulfilled the duties
histoire et les traditions de sa vieille imposed by its history and traditions
fidélité, Nice les a noblement remplis. of ancient fidelity.
En présence du traité du 24 mars, In the presence of the treaty of
en présence de la proclamation de S. March 24, in the presence of the proc-
M. notre Roi bien-aimé du premier lamation of April 1 of H. M. our be-
avril, tous ceux qui aiment véritable- loved King, all those who truly love
ment leur pays, tous ceux qui sont their country, all those who are sin-
sincèrement dévoués au Roi et à la cerely devoted to the King and to the
cause italienne
ne peuvent avoir
Italian cause can have but one thought,
qu'une seule pensée, qu'un seul but: but one object, namely, that the high
c'est que la haute volonté des deux will of the two sovereigns, accepted by
Souverains, acceptée par le libre con- the free consent of the people, should
sentement du peuple, ne rencontre ni encounter neither difficulty nor obsta-
difficulté, ni obstacle; c'est que sa cle; that its frank and loyal execution
franche et loyale exécution resserre should unite in indissoluble fashion
d'une manière indissoluble les liens de the ties of alliance of the two great
l'alliance des deux grandes nations, nations, on which rest the future and
sur laquelle reposent l'avenir et les the hopes of Italy.
espérances de l'Italie.
Serons-nous donc autour des urnes Let us crowd about the electoral
avec calme et dignité; soyons unis urns with calm and dignity; let us
dans un même esprit de patriotisme be united in a like spirit of patriotism,
éclairé et conciliant; que rien n'arrête enlightened and harmonious; let
la libre expression de nos veux, mais nothing prevent the free expression
que chacun de nous, en déposant son of our wishes, but let each one of us,
vote, songe à ce qu'il doit à son pays, on casting his vote, consider what he
à la France et à l'Empereur !
owes to his country, to France and to
the Emperor!
Vive la France! Vive l'Empereur! Long live France! Long live the
Emperor!
Donné à l'hôtel de ville, le 8 avril Done at the City Hall, April 8,
1860.
1860.
Le syndic de la ville,
The Syndic of the City,
Av. MALAUSSENA,
Av. MALAUSSENA.
SAVOY AND NICE, 1860
583
Proclamation of the Syndic of the City of Nice, Regarding Registration,
April 8, 1860 1
LE SYNDIC,
Vu le décret de M. le gouverneur
provisoire de l'arrondissement en date
du 7 courant,
THE SYNDIC,
In view of the decree of the Provi-
sional Governor of the district, dated
the 7th of the current month,
ARRÊTE:
DECREES:
1. Le comité nommé par M. le 1. The Committee appointed by the
gouverneur provisoire procédera dans Provisional Governor shall proceed
les journées du 9, 10 et 11 courant à during the days of the 9th, 10th, and
la formation des listes pour le vote 11th of the current month to the draw-
qui doit avoir lieu dans les journées ing up of the lists for the vote which
du 15 et du 16 de ce même mois. is to take place during the 15th and
16th of the same month.
2. Les citoyens inscrits sur les an- 2. The citizens registered on the
ciennes listes électorales ayant droit à old electoral lists are entitled to be
être inscrits sur les listes nouvelles, registered on the new lists and those
et ceux notoirement connus comme publicly known to be such shall be
tels, seront inscrits d'office.
registered without application.
3. Tous ceux qui croient avoir droit 3. All those who believe themselves
à l'inscription devront, dans les trois to be entitled to be registered shall,
jours susindiqués, se présenter au within the three days above indicated,
bureau ouvert à l'hôtel de ville, pour present themselves at the office opened
y faire la déclaration de leur nom, in the City Hall, to there declare their
prénom, lieu et date de naissance, et name, surname, place and date of
domicile.
birth, and domicile.
Le bureau sera constanment ouvert The office shall be open continu-
depuis 8 heures du matin jusqu'à 6 ously from 8 A. M. to 6 P. M.
heures du soir.
4. Aux termes de l'art. 25 de la loi 4. According to the terms of Ar-
du 25 octobre dernier, auquel se rap-
ticle 25 of the law of October 25
porte l'art. 4 du décret de M. le gouver- last, referred to in Article 4 of the
neur provisoire, outre les interdits decree of the Provisional Governor,
et ceux qui sont pourvus d'un conseil besides those under special interdic-
judiciaire, sont exclus du vote: tion and those under authority of the
court there are excluded from voting :
a) Ceux qui ont été déclarés en a) Those who have been declared
1 Atti del Parlamento. Camera dei Deputati, April 12, 1860, p. 87.
584
DOCUMENTS
état de faillite et ceux qui ont fait ces- to be in a state of bankruptcy and
sion de leurs biens sans avoir entière- those who have assigned their prop-
ment payés leurs créanciers.
erty without having made coniplete
payment to their creditors.
b) Les condammés à des peines b) Those under criminal sentence
criminelles qui n'ont pas été réhabil- who have not been rehabilitated.
ités.
c) Les condamnés à des peines cor- c) Those under sentence of cor-
rectionnelles, ou à des interdictions rection, or who are at the moment un-
particulières qu'ils subissent en ce mo- der particular interdictions.
ment.
d) Les condamnés
pour vol, d) Those under sentence for theft,
fraude, ou attentat aux mours.
fraud or misdemeanors.
5. S'ils s'élève des réclamations, 5. If these enter appeals, they shall
elles seront portées immédiatement be immediately carried to the Com-
devant le comité qui restera en perma- mittee which shall be permanent.
nence.
6. Pour le vote, les citoyens inscrits 6. For the purpose of the vote the
seront partagés en quatre sections par registered citizens shall be alphabet-
ordre alphabéthique, et voteront dans ically divided into four sections, and
les endroits ci-dessous désignés. shall vote in the places designated be-
low..
7. Les comités pour présider aux 7. The committees to preside over
opérations dans les quatre sections, the operations in the four sections,
ont été composés par M. le gouverneur have been constituted by the Provi-
provisoire de la manière suivante. ... sional Governor in the following man-
ner.
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.
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 Details of the Election. April 7, 1860 1
eux:
M. le Gouverneur de la Province The Governor of the Province of
de Chambéry a fait publier et afficher Chambery has had the following
aujourd'hui la Proclamation suivante, Proclamation published and posted to-
sur les dispositions qui ont été arrêtées day, respecting the arrangements
d'un commun accord, touchant l'ex- which have been unanimously adopted
pression des voeux par le suffrage uni- by the Governments of Turin and
versel entre les Gouvernements de Paris for the expression of the public
Turin et de Paris :
will by universal suffrage:
“Le Gouverneur de la Province de The Governor of the Province of
Chambéry s'empresse d'informer les Chambery hastens to inform the in-
habitants de la Province, qu'il a été habitants of the Province that the
convenu entre le Gouvernement Sarde Sardinian and French Governments
et le Gouvernement Français que l'ex- have agreed that the expression of the
pression des væux du pays se ferait wishes of the country should be made
au moyen du suffrage universel, et by means of a general vote, and that
qu'à cet effet les dispositions qui sui- for this purpose the following ar-
vent ont été arrêtées de concert entre rangements have been agreed upon
between them:
Art. 1. Les Savoisiens habi- ARTICLE 1. The Savoyards in-
tant la Province de Chambéry sont liabiting the Province of Chambery
appelés à voter sur la question sui- are invited to vote on the following
vante : La Savoie veut-elle être ré- question: Does Savoy wish to be
unie à la France ?
united to France ?
ART. 2. Le vote aura lieu par
ART. 2. The vote will be ex-
Oui et par Non, au scrutin secret, au pressed by Yes or No, by ballot, either
moyen d'un bulletin manuscritou by nieans of a manuscript or printed
imprimé.
paper.
“Tout bulletin qui ne contiendrait “Every paper which does not con-
pas une réponse directe à la question tain a direct reply to the question
posée, ou qui contiendrait quelque ex- asked, or which contains any objec-
pression repréhensible, sera considéré tionable expression, will be considered
comme nul.
as null and void.
ART. 3. Le scrutin sera ouvert “Art. 3. The poll will be open
dans chaque commune le Dimanche, in all the communes on Sunday the
1
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
DOCUMENTS
sera
22 Avril, 1860, de 8 heures du matin 22nd of April, 1860, from 8 o'clock
à 7 heures du soir.
in the morning till 7 o'clock in the
evening
"ART. 4. Seront admis à voter “ ART. 4. All citizens of not less
tous les citoyens âges de 21 ans au than 21 years of age, born in Sa-
moins, nés en Savoie, ou hors de la voy, or of Savoyard parents out of
Savoie, de parents Savoisiens, habi- Savoy, having lived in the commune
tant la commune depuis six mois au not less than six months, and not
moins, et n'ayant pas subi de condam- having been condemned to any crim-
nation à une peine criminelle.
inal punishment, will be allowed to
vote.
" ART. 5. 11
formé dans ART. 5. A Committee will be
chaque commune un Comité présidé formed in each commune, presided
par le Syndic, et en cas d'absence ou over by the Syndic, or in case of his
d'empêchement, par l'Assesseur le absence, by the senior Assessor of the
plus ancien non empêché de la Junte Municipal Junta, and composed, be-
Municipale, et composé en outre de sides, of four members taken from the
quatre membres pris dans la Junte, et Junta, and if necessary from the Mu-
au besoin dans le Conseil Municipal, nipical Council, by order of seniority,
,
par ordre d'ancienneté, suivant l'Ar- according to Article 193 of the Law
ticle 193 de la Loi du 23 Octobre of the 23rd of October last.
dernier.
Ce Comité s'adjoindra un Secré- “ This Committee will select a Sec-
taire de son choix.
retary.
"ART. 6. Il dressera les listes et “ ART. 6. He will arrange the
les fera afficher le Dimanche 15 cou- lists, and will have them posted on
rant au plus tard. Il statuera d'ur- Sunday, the 15th instant, at the latest.
gence sur les réclamations qui pour- He will decide, in case of necessity,
raient être faites.
upon the objections which may be
raised.
“ Il présidera à la votation et il en “He will preside at the poll, and
consignera le résultat dans un procès- he will announce the result in a
verbal signé par tous les membres. procès-verbal signed by all the mem-
bers.
ART. 7. Dans les communes où Art. 7. In the commune where
le Comité croirait nécessaire de for- the Committee shall think it neces-
mer plusieurs sections, eu égard au sary to form several sections, on ac-
nombre des citoyens inscrits, il sera count of the number of citizens in-
établi, moyennant autorisation préa- scribed, a special bureau shall be es-
lable du Gouverneur, pour chaque sec- tablished for each section, composed
tion, un bureau spécial, composé de of five members of the Municipal
SAVOY AND NICE, 1860
587
cinq membres pris dans le Conseil Council, in the manner pointed out in
Communal, de la manière indiquée Article 5 above.
dans l’Article 5 ci-dessus.
Sont au surplus applicables à ce “The arrangements for public or-
vote les dispositions d'ordre public der contained in Articles 51, 52, 53,
contenues dans les Articles 5, 52, 53, 54, 55, and 56, are also applicable to
54, 55 et 56, ainsi que celles de l'Ar- this vote, as well as those of Article
ticle 65 de la Loi précitée du 23 Oc- 65 of the Law above mentioned of the
tobre dernier.
23rd of October last.
Art. 8. Le dépouillement étant ART. 8. The result of the votes
achevé, les procès verbaux seront im- being ascertained, the procès-verbal
médiatement transmis aux Intendants will be immediately transmitted to
des Arondissements, qui les feront the Intendants of the Arrondissement,
parvenir au secrétariat de la Cour who will send them through the Gov-
d'Appel par l'intermédiaire du Gouv-
ernor to the Secretary's office at the
erneur.
Court of Appeal.
'ART. 9. La Cour, Chambres ré- "Art. 9. The Court, the Houses
unies, procédera au dépouillement being united, will proceed to the gen-
général et en constatera le résultat par eral scrutiny, and will announce the
un arrêt prononcé en séance publique. result by a Decree pronounced in pub-
lic assembly.
Chambéry, le 7 Avril, 1860.
Chambery, April 7, 1860.
"Le Gouverneur Régent,
“ Le Gouverneur Régent,
(Signé) “Du PASQUIER.” (Signed) “Du PASQUIER.”
Circular of Instructions Issued to the Syndics of Savoy by the Governor
1
Chambéry, le 9 avril, 1860.
Chambery, April 9, 1860.
M:. LE SYNDIC,
M. LE SYNDIC,
Pour mieux garantir la sincérité du In order more thoroughly to guar-
vote solennel qui doit avoir lieu le 22 antee the sincerity of the solemn vote
du courant, en assurant la régularité which is about to take place on the
des opérations, j'ai jugé convenable 22nd of this month, and to insure the
de vous adresser encore quelques in- regularity of the proceedings, I have
structions relatives aux dispositions thought fit to address some further
contenues dans le manifeste du 7 du instructions to you relative to the pro-
courant.
visions contained in the manifesto of
the 7th instant.
1 Text and translation from British Parliamentary Papers, Affairs of Italy [2656], p. 186.
588
DOCUMENTS
Je vous prie en même temps de bien I beg of you, at the same time, to
faire comprendre à vos administrés explain to the persons under your ad-
que Sa Majesté le Roi Victor Eman- ministration that His Majesty King
uel, en signant le Traité du 24 Mars Victor Emanuel, by signing the
dernier, et en nous appellant, par sa Treaty of the 24th of last March, and
proclamation du 1 d’Avril, à donner by summoning us by his Proclamation
notre adhésion à ce Traité, nous a par of the 1st of April to notify our ad-
la même deliés de nos serments, et liesion to this Treaty, has thereby re-
nous a rendu notre pleine liberté. leased us from our oaths, and given
us our entire liberty.
Faites-leur remarquer aussi que la
Point out to them, too, that Savoy
Savoie n'a pas à se prononcer entre le
has not to choose for Sardinia or for
Gouvernement Sarde et le Gouverne- France. The French sides of the
ment Français; les versants Français Alps can no longer belong to the
des Alpes ne peuvent plus appartenir powerful State of which Piedmont
à l'Etat puissant dont le Piémont fait now forms a part.
maintenant partie.
Il n'y a donc pas de choix à faire We have, therefore, not to choose
entre France et le Piémont, et la ques- between France and Piedmont. The
tion est uniquement de savoir si nous question before us is, only whether
voulons adhérer au Traité qui nous we wish to stand by the Treaty which
réunit à la grande nation Française, unites us to the great French nation,
ou si nous préférons livrer notre pays or whether we prefer to give up our
au chances imprévues d'un avenir in- country to the unforeseen chances of
connu. Que chacun mette la main an unknown future. Let each man
sur son coeur et qu'il réponde en toute put his hand on his heart, and answer
liberté!
with all freedom.
The Swiss Federal Council Renews its Protest to the Powers 1
The Swiss Federal Council to Lord J. Russell
Berne, le 11 avril, 1860.
D'après des rapports concordants
et dignes de foi, la votation sur l'an-
nexion de la Savoie à la France a été
fixée au 22 Avril prochain. La ques-
tion doit être 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.
Text and translation from British Parliamentary Papers, Affairs of Italy, Savoy and
Switzerland (2702], p. 179.
SAVOY AND NICE, 1860
589
La votation aura lieu par communes. The voting will take place by com-
niunes.
Le Conseil Fédéral Suisse ne sau- The Swiss Federal Council could
rait accepter en silence la nouvelle not accept in silence the new phase
phase dans laquelle l'affaire pendante into which the pending affair is about
doit entrer. Il a déjà eu l'honneur to enter. It has already had the hon-
d'exposer dans la note circulaire du our to explain, in its circular note of
19 Mars à que il croit devoir appré- March 19, from what point of view it
cier en général les effets d'une pareille believes that it must appreciate in
votation. Déjà à cette occasion il a general the effects of a mode of vot-
exprimé l'opinion que les droits sur les ing of this kind. Already, on that oc-
provinces neutralisées de la Savoie, casion, it expressed the opinion that
droits si solennellement garantis par the rights over the neutralized prov-
l'Europe, ne sauraient être mis à néant inces of Savoy, rights so solemnly
ni par une simple cession ni par une guaranteed by Europe, could not be
votation populaire. En ce qui con- extinguished either by a simple cession
cerne la votation elle-même, le Conseil or a popular vote. As far as con-
Fédéral a cru devoir exposer en toute cerns the voting itself, the Federal
franchise et à diverses fois sa maniére Council has considered it its duty to
de voir et a réservé formellement ses explain its view with all frankness
droits à cet égard.
and on several occasions, and has
formally reserved its rights in that
respect.
Aussitôt après les proclamations Immediately after the well-known
bien connues des Gouverneurs d’An- proclamations of the Governors of
necy et de Chambéry, des. 8 et 10 Annecy and Chambery, of the 8th and
Mars, il a chargé ses Représentants à 10th of March, it instructed its Rep-
Paris et à Turin de protester contre resentatives at Paris and Turin to
toute votation jusqu'à ce qu'on se fût protest against any voting until an
entendu avec la Suisse. Il a formel-
Il a formel- understanding had been come to with
lement déclaré qu'il ne pourrait pas Switzerland. It formally declared
reconnaître comme obligatoire une vo- that it could not recognize as obliga-
tation opérée sans une entente préala- tory a vote taken without a previous
ble, une votation dans laquelle la understanding; a vote in which
Suisse et ses légitimes prétentions Switzerland, and her legitimate pre-
seraient méconnues.
tensions, should be ignored.
Il a absolument maintenu ce point It absolutely maintained this point
de vue dans sa nouvelle protestation of view in its new Protest of March
du 27 Mars, en demandant que la 27, by demanding that Switzerland
Suisse fût consultée sur le mode de should be consulted upon the mode of
procéder à une votation dans les proceeding to a vote in the neutralized
590
DOCUMENTS
ces
provinces neutralisées et qu'à cet égard provinces, and that in that matter
il ne fût rien fait sans son assenti- nothing should be done without her
ment. Le Conseil Fédéral a eu l'hon- consent. The Federal Council had
neur d'en donner connaissance aux the honour to communicate that pro-
hauts garants des Traités Européens test to the High Powers who guaran-
par note du même jour, en ajoutant teed the European Treaties by a note
qu'il devait insister sur le maintien of the same day; adding that it must
absolu du même jour, en ajoutant insist upon the absolute maintenance
qu'il devait insister sur le maintien of the status quo, until the understand-
absolú du statu quo jusqu'à ce que ing in prospect, with the Powers and
l'entente mise en perspective, avec les Switzerland herself, should have in-
Puissances et la Suisse elle-même, fût tervened. By the projected vote
intervenue. Par la votation projetée, above mentioned, all these remon-
susmentionée, toutes ces réclamations, strances, all these demands of Swit-
toutes demandes aussi justes zerland, as just as they are equitable,
qu'équitables de la Suisse seraient en- would be entirely ignored. An act is
tièrement méconnues. Il doit être to be performed of great political and
procédé à un acte d'une grande portée moral bearing, without the concur-
politique et morale, sans le concours rence of one of the principals inter-
de l'un des principaux intéressé, sans ested; without the previous under-
l'entente préalable des Puissances dont standing of the Powers whose meet-
la réunion, avec la participation de la ing, with the participation of Swit-
Suisse, a été positivement sollicitée zerland, had been positively solicited
par la note du 5 courant.
by the note of the 5th instant.
En présence de ce fait, impliquant
In face of this fact, implying a
un mépris flagrant de ses droits, le flagrant contempt for its rights, the
Conseil Fédéral éprouve le besoin de Federal Council feels the need of de-
déclarer positivement qu'il ne saurait claring positively that it could not
reconnaître comme décisif le résultat recognize as decisive the result of the
de la prochaine votation et qu'il de- approaching vote, and that it must
vrait protester formellement contre protest formally against any infer-
toute inférence par laquelle on vou- ence by which it might be wished to
drait se prévaloir de cet acte pour por- take advantage of that act to infringe
ter atteinte aux droits appartenant à the rights belonging to Switzerland.
la Suisse.
Le Conseil fédéral peut d'autant The Federal Council can so much
moins reconnaître la votation comme the less recognize the vote as obliga-
obligatoire que d'un côté la libre ex- tory, inasmuch as on one side the free
pression de la volonté que l'on n'a expression of will which has been un-
cessé de réclamer pour la population ceasingly claimed for the population
de la Savoie du Nord n'est pas as- of Northern Savoy is not assured;
SAVOY AND NICE, 1860
591
surée, que de l'autre il doit y être pro- and as, on the other, it is contem-
cédé sans l'entente préalable avec la plated to act without previous un-
Suisse, et qu'enfin le Conseil Fédéral derstanding with Switzerland; and as,
n'a aucun moyen pour contrôler la vo- finally, the Federal Council has no
tation, tandis qu'il est de notoriété means of controlling the voting,
que des Agents Français ayant à leur whilst it is notorious that French
tête le Sénateur Laity, travaillent en Agents having at their head the Sen-
Savoie dans l'intérêt de la France. ator Laity are working in Savoy in
the interest of France.
Le Conseil Fédéral se trouve dès The Federal Council is therefore in
lors dans la position de renouveler ses the position of renewing its protests
protestations devant les hauts garants before the High Powers who guaran-
des Traités Européens et en face de teed the European Treaties, and in
toute l'Europe. Il leur recommande face of all Europe. It earnestly
avec instance de soumettre la présente recommends them to submit the pres-
réclamation à une appréciation sé- ent remonstrance to a serious and im-
rieuse et impartiale, tout comme aussi partial appreciation, as also to take
de prendre dûment en considération duly into consideration the rights of
les droits de la Suisse et de faire de Switzerland, and to take prompt steps
promptes démarches pour le maintien for the maintenance of the status quo.
du statu quo.
Il saisit, &c.
It seizes, &c.,
Au nom du Conseil Fédéral,
In the name of the Federal Council,
Le Président de la Confédération, The President of the Confederation,
(Signé) FREY-HEROSEE.
(Signed): FREY-HEROSEE.
Le Chancelier de la Confédération, The Chancellor of the Confederation,
SCHIESS.
SCHIESS.
Circulars Sent by the Intendant Regent of Faucigny to the Syndics, Com-
munal Magistrates, Governors of Charitable Associations and Public Func-
tionaries 1
Intendance de l'Arondissement du Intendance of the Arrondissement
Faucigny.
of Faucigny
Objet: Entrée en Fonctions. Subject: Entry on Functions.
Bonneville, le 16 Avril, 1860.
Bonneville, April 16, 1860.
MESSIEURS,
GENTLEMEN
Appelé à régir l'Intendance de Invited to superintend the Intend-
1 Extract from Journal de Génève; text and translation from British Parliamentary Papers,
Affairs of Italy, 1860 [2656], p. 206.
592
DOCUMENTS
l'Arrondissement du Faucigny en ance of the Arrondissement of Fau-
remplacement de M. le Chevalier Ber- cigny in place of the Chevalier Ber-
goën, je sens toute l'importance et la goën, I feel the whole importance
responsabilité de l'emploi qui m'est and responsibility of the employment
confié.
which is confided to me.
Mais, enfant du Faucigny, dévoué But, a child of Faucigny, devoted
à mon pays et à mes concitoyens, j'ose to my country and my fellow-citizens,
assumer cette charge, parce que je I venture to assume this charge, be-
compte sur le zèle éclairé et le con- cause I count upon the enlightened
cours bienveillant des Syndics et au- zeal and the friendly assistance of the
tres Administrateurs, et des fonction- Syndics and other Magistrates, and
naires publics avec lesquels je dois of the Public Functionaries, with
entrer en relation.
whom I am to enter into relations.
La votation à laquelle sont ap- The voting to which all Savoy-
pelés tous les Savoisiens pour les 22 ards are invited on the 22nd and
et 23 de ce mois, est l'acte le plus 23rd of this month, is the most solemn
solennel auquel il soit donné à un peu- act in which it could be given to a free
ple libre de prendre part; elle va dé- people to take part; it is to decide
cider de l'avenir de notre chère patrie. the future of our dear country.
La votation doit avoir lieu avec The voting is to take place with
toute la liberté possible, mais, pour en all possible liberty, but, in order to
assurer l'heureux résultat, il importe ensure the successful result of it, it is
de bien éclairer les votants.
necessary to instruct the voters well.
Veuillez leur rappeler, Messieurs, Be good enough to remark to
qu'il n'est pas question de prononcer these gentlemen, that there is no ques-
sur une préférence entre la France et tion of pronouncing on a preference
le Piémont, entre la France et la between France and Piedmont, be-
Suisse; que le Piémont nous a cédés à tween France and Switzerland; that
la France par le Traité du 24 Mars, et Piedmont has ceded us to France by
que nous ne pouvons plus lui appar- the Treaty of the 24th of March, and
tenir; et que la Suisse est étrangère à that we can no longer belong to her;
ce Traité, soumis a leur adhésion. and that Switzerland is a stranger to
that Treaty, which is submitted for
their adhesion.
Reste donc le vote affirmatif ou There remains, therefore, the vote
négatif sur la réunion à la France, tout affirmative or negative upon union
autre vote étant réputé nul.
with France; any other vote being re-
puted null.
En votant affermativement, on con- By voting affirmatively, you ad-
firme la votation (?) 1 de nos pères here to the voting (?) of your sires
1 This interrogation appears in the text as printed in Parliamentary Papers.
SAVOY AND NICE, 1860
593
en 1792; on rentre dans la grande in 1792; you re-enter into the great
famille après une longue absence pour family, after a long absence, to en-
y jouir des droits et avantages at- joy therein rights and advantages at-
tachés à la qualité de Français, et du tached to the title of Frenchmen, and
privilège inappréciable d'une zone the inappreciable privileges of a Cus-
douanière, que vous désirez depuis si toms zone, which you have so long
longtemps et qui est officiellement desired, and which is officially guar-
garantie.
anteed.
L'Empereur, qui est la personni- The Emperor, who is the personi-
fication des idées grandes et géné- fication of great and generous ideas,
reuses, ne restera pas insensible à cette will not remain insensible to this man-
manifestation des sympathies d'un ifestation of the sympathies of a peo-
peuple; il rendra à ce peuple en bien- ple; he will restore to that people in
veillance le centuple de la satisfaction benevolence a hundred-fold the satis-
qu'il lui aura causée.
faction which it shall have caused him.
En votant négativement, la Sa- By voting negatively, Savoy will
voie sera réduite à l'impuissance, à be reduced to impotence and anarchy.
l'anarchie.
Il était de mon devoir de faire
It was my duty to make known
connaître la situation pour éviter des the situation in order to avoid mis-
surprises.
takes.
Agréez, &c.
Receive, &c.,
L'Intendant Régent du Faucigny, The Intendant Regent of Faucigny,
(Signé) J. GUY.
(Signed) J. Guy.
Intendance du Faucigny Intendance of the Arrondissement of
Faucigny
Objet: Vote des 22 et 23 Avril Subject: Vote of the 22nd and 23rd
of April
Bonneville, le 17 avril, 1860.
Bonneville, April 17, 1860.
MONSIEUR,
SIR,
Le 22 courant tous les Savoisiens On the 22nd instant, all the Savoy-
sont appelés à fixer eux-mêmes leurs ards are invited themselves to fix their
destinées.
destinies.
Je crois inutile d'insister sur l'im- I consider it useless to insist on the
portance de l'acte solennel auquel importance of the solemn act in which
doivent prendre part tous nos compa- all our compatriots are to take part.
triotes.
Votre mission, Monsieur, vous im- Your mission, Sir, imposes on you
pose de nouveaux devoirs, de nou- new duties, new obligations still
594
DOCUMENTS
::
velles obligations, plus grandes en- greater than those which your devo-
core que celles que votre dévouement tion to the common affairs has, with-
à la chose commune vous a sans nul out any doubt, already dictated to you.
doute déjà dictées.
Profitez de l'influence que vos ser- Take advantage of the influence
vices passés vous donnent sur les which your past services give you over
habitants des campagnes pour bien the inhabitants of the “campagnes, ”
leur faire comprendre l'intérêt majeur to make them understand the deep in-
qui se rattache à la votation des 22 et terest which attaches to the voting of
23 Avril, 1860.
the 22nd and 23rd April, 1860.
Qu'ils soient mis en garde contre Let them be put on their guard
les menées de ces hommes qui, ne pou- against the practices of those men
vant faire prévaloir leurs criminelles who, being unable to gain success for
tentatives, voudraient les entrainer their criminal attempts, would wish
dans leur chute. Qu'ils comprennent to drag them with them in their fall.
bien que ce sont des conseils perfides, Let them well understand that they
ceux de ces faux patriotes qui leur are perfidious counsels, those of these
disent, “ Tout est fini; il est inutile de false patriots who say to them, “ All
voter.”
is finished; it is useless to vote."
L'abstention est toujours un acte To abstain is always an act of bad
de mauvais citoyen. Aujourd'hui ce citizenship; at present it would be still
serait plus encore; ce serait une faute
more; it would be an irreparable fault.
irréparable.
Il faut qu'une immense majorité, It is necessary that an immense ma-
la presque unanimité des bulletins ap- jority, the all but unanimity of the
prenne à l'Europe que la Savoie est
votes, should teach Europe that Savoy
toute entière Française par le coeur, is entirely French at heart, and that
et que les exigences de la politique se political exigencies are perfectly in
sont parfaitement conciliées avec les unison with the national aspirations.
aspirations nationales.
Vous donnerez une preuve écla- You will give a striking proof of
tante de votre dévouement à la Savoie your devotion to Savoy by conforming
en vous conformant aux instructions yourself to the instructions of this let-
de cette lettre.
ter.
En m'adressant à vous avec pleine In addressing you with full confi-
confiance, j'espère que vous voudrez dence, I hope that you will be good
bien me prêter une active collabora- enough to lend me an active coopera-
tion.
tion.
Agréez, &c.
Receive, &c.,
L'Intendant Régent du Faucigny, The Intendant Regent of Faucigny,
(Signé) J. Guy.
(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 1
(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.)
Oui .....
1,200
(Yes)
Non
186
(NO)
Nuls
23
(Void)
Tableau Officiel du Vote du 15 et du 16 Avril
(Official Statement of the Vote of April 15 and 16)
Non
(No)
. 11
Nuls
(Void)
25
::
:
1
: : : : :
1
Communes
Inscrits
(Registered)
Nice ...
7,918
Ascros
146
Aspremont
505
Auvare
33
Bairols
67
Belvedere
283
Berre
175
Beuil
152
Bollene
210
Bonson
120
Breil
841
Briga
1,190
Castellar
219
Chateauneuf
337
Chateauneuf d'Entraunes 75
Castillon
100
Clans
232
Coaraze
211
Contes
521
Cuebris
92
Daluis
95
Drap
247
Duranus
81
Entraunes
151
Escarène
465
Votants
(Voting)
6,846
129
412
33
65
261
174
145
208
114
557
323
137
305
70
37
212
209
499
84
94
217
76
147
425
Oui
(Yes)
6,810
129
412
32
65
261
174
145
208
114
556
323
79
305
70
72
212
209
499
84
94
217
76
147
424
58
.
: : : : : : : : : : : : : : : : : : : :
.
:
: : : : :
1
1 Extract from the Messager de Nice, April 29, British Parliamentary Papers, Affairs of
Italy [2702], p. 217.
596
DOCUMENTS
Non
(NO)
Nuls
(Void)
0
26
: : : : : : : : : :
54
: : : : : : : : : :
Communes
Inscrits
(Registered)
Eze
171
Falicon
52
Gilette
230
Gorbio
170
Guillaumes
307
Lieusola
287
La Croix
92
Lantosque
696
La Penne
71
La Tour
244
Levens
487
Lieuche
52
Lucérame
305
Malaussene
123
Marie
72
Massoins
81
Menton
910
Molinet
330
Peille
548
Peillon
167
Peone
179
Pierlas
53
Pierrefeu
68
Puget-Rostang
60
Puget-Thénier
374
Rigaud
156
Rimplas
71
Roubion
105
Roquebillère
527
Roquebrune
210
Roquesteron
122
La Roquette
235
Roure
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
91
Sigale
118
Sospel
940
Tende
676
Thierry
64
Toudon
140
Touet de Beuil..
114
Votants
(Voting)
133
51
230
85
292
266
90
627
70
227
481
47
302
109
67
78
695
231
408
151
179
46
66
57
352
144
55
101
503
194
122
228
154
96
166
27
98
213
38
148
425
117
505
605
74
118
868
388
61
139
114
Oui
- (Yes)
133
51
230
59
292
266
90
627
70
227
481
47
302
109
67
78
639
231
408
151
179
46
66
57
352
144
55
101
503
194
122
228
154
91
166
27
98
213
38
148
425
117
505
605
74
118
864
387
61
139
114
: : : : : : : : : : : : : : : : : : : : : : : : : : : : : : :
.
: : : : : : : :
5
: : : :
: : : : : : :
: : :
..
: : :
2
2
1
: :
: : :
SAVOY AND NICE, 1860
597
Non
(NO)
Nuls
(Void)
.
.
Communes
Inscrits
(Registered)
Touet de l'Escarène... 123
Tournefort
60
Tourette-Levens
408
Tourrette-Revest
119
Trinité-Vict.
433
Turbie
224
Utelle
729
Valdeblore
282
Venanson
84
Villefranche
604
Villeneuve d'Entraunes 73
Villars
245
Ylonse
134
Votants
(Voting)
105
56
369
119
301
191
694
212
70
535
73
228
124
Oui
(Yes)
105
56
369
119
301
191
694
212
70
535
73
228
124
: : : : : : : : : : :
C
.
.
el :::
Total .
..30,712
25,933
25,743
160
Result of the Plebiscite of Savoy as Proclaimed by the Municipal Junta of
Chambery. April 29, 1860 1
HABITANTS DE CHAMBÉRY,
INHABITANTS OF CHAMBERY,
La Savoie tout entière vient de dé- The whole of Savoy has just de-
clarer qu'elle veut être Française. clared that she desires to be French.
135,449 Savoisiens étaient con- 135,449 Savoyards have been con-
sultés sur les destinées de leur patrie: sulted as to the destiny of their coun-
130,533 ont opté pour la France (235 try: 130,533 have chosen France
non, 71 bulletins nuls).
(235 against, 71 tickets null).
Jamais un tel spectacle n'avait été Never was a like spectacle offered
offert au monde.
to the world.
Il ne saurait plus y avoir aujourd'- This day can there be no longer
hui de vainqueurs ni de vaincus. Au conquerors and conquered. In the
milieu de cette imposante unanimité, midst of this imposing unanimity the
les vieilles haines de parti ont dû dis- ancient enmities of party were forced
paraître et ne laisser après elles que to disappear, and to leave behind
l'union et la paix.
them only union and peace.
Le Faucigny et le Chablais, qu'on Faucigny and Chablais, which had
avait cherché à séparer de notre cause, been sought to be separated from our
continueront à partager nos destinées, cause, will continue to share our des-
et l'antique lien qui unissait les pro- tinies,
tinies, and the ancient tie which
vinces de la Savoie ne sera point brisé. 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
DOCUMENTS
aura
En nous rappelant avec orgueil le In recalling with pride our coun-
passé de notre pays, nous pouvons try's past, we can be happy and ex-
être heureux et fiers de son avenir. ulting for its future. Chambery still
Chambéry retentit encore des cris de rings with the cries of joy which
joie qui ont accueilli le résultat du greeted the result of the poll in our
scrutin de notre antique cité. Nous ancient city. We hailed this result as
acclaminons ce résultat comme l'hon- an honour to our town, as the. ex-
neur de notre ville, comme l'expres- pression of what entire Savoy had
sion de ce que la Savoie entière venait just voted at the same time as our-
de voter en même temps que nous. selves. The event has fully borne out
L'événement a pleinement justifié ces these prognostications.
prévisions.
Bientôt la décision du Parlement Shortly will the decision of Parlia-
tranché définitivement cette ment have definitively solved this
question, qui tient notre pays en sus- question, which during several months
pens depuis plusiers mois. A cette has kept our country in suspense.
époque seulement notre sort sera ir- At that period only will our lot be ir-
révocablement fixé. Alors nous pour- revocably fixed. Then will it be for
rons exprimer notre allégresse de us to express our gratification at find-
nous voir enfin rentrés dans le sein de ing ourselves at length restored to the
la grande famille Française; alors bosom of the great French family;
nous appellerons votre concours pour
then shall we invite your co-operation
une fête publique qui soit à la hau- in a public festival which may be
teur de nos sentiments.
worthy of the depth of our sentiments.
Vive la France! Vive l’Emper- Vive la France! Vive l'Empereur !
eur!
Chambéry, le 29 Avril, 1860.
Chambery, April 29, 1860.
Les Membres de la Junte,
The Members of the Junta,
(Signé) L. MARTIN,
(Signed) L. MARTIN.
J. DE VILLE,
J. DE VILLE.
T. CHAPPERON,
T. CHAPPERON.
F. GRUAT,
F. GRUAT.
E. DE BOIGNE,
E. DE BOIGNE.
BOURBON.
BOURBON.
SAVOY AND NICE, 1860
599
The Vote of Savoy by Districts and Communes as Announced by the Court of
Appeals. April 29, 1860 1
Arrondissements.
(Districts)
Chambéry
Albertville
St. Jean de Maurienne
Moûtiers
18
Inscrits.
(Registered)
36,826
10,477
15,438
9,249
Bulletins (Ballots)
Affirmatifs. Négatifs. Nuls.
(Affirmative) Negative Void
35,892
51
10,334
6
2
15,226
12
2
9,093 (sic) 5
4
Votants.
(Voting)
35,961
10,342
15,240
9,093
Total
71,990
70,636
70,536
74
26
Annecy
Thonon
Bonneville
25,986
14,594
22,879
24,999
13,866
21,338
24,945
13,836
21,216
43
27
91
11
3
31
Total
63,459
60,203
59,996
161
45
135,449
130,839
130,533
235
71
Total général
(Grand total)
13
Votes of the Thirty-Two Principal Communes of Savoy
Bulletins (Ballots)
Communes
Inscrits
Votants
Oui
Non
(Registered) (Voting)
(Yea)
(Nay)
Chambéry
3,953
3,619
3,588
22
Annecy
2,296
2,139
2,117
21
Thonon
1,265
1,161
1,160
1
Aix-les-Bains
1,195
1,105
1,091
Roumilly
1,128
1,125
1,125
St. Jean de Maurienne
809
795
795
Yenne
835
802
802
Albertville
731
722
719
Moûtiers
468
462
462
Bonneville
539
517
516
La Roche
795
757
755
2
Sallanches
425
423
422
1
Cluses
417
416
416
1
Bourg St. Maurice
637
629
629
Seyssel
436
408
408
Annemasse
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
Communes
C
St. Pierre d'Albigny
Pont Beauvoisin
Les Echelles
St. Genix
Ugines
Aiguebelle
Thorens
Chamonix
St. Gervais
Samoens
Taninges
Inscrits
(Registered)
895
322
249
532
549
285
685
620
396
570
539
Votants
(Voting)
864
321
249
507
533
285
627
609
356
550
505
Bulletins (Ballots)
Oui
Non
(Yea) (Nay)
864
321
248
507
533
285
627
608
340
16
548
2
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
1
SIGNORI,
GENTLEMEN,
Ho l'onore di presentare alla Ca- I have the honour to present to
mera il progetto di legge che autorizza the Chamber the Bill authorizing the
i, Governo del Re a dar esecuzione al Government to carry out the Treaty
Trattato conchiuso a Torino il 24 of 24th March, 1860, for the union of
Marzo, 1860, per la riunione della Savoy and Nice to France.
Savoia e del circondario di Nizza alla
Francia.
In pochi mesi, mercè l'aiuto gen- In the course of a few months,
erosa accordatoci dall'Imperatore dei thanks to the generous help of the
Francesi, un regno di undici milioni Emperor of the French, a kingdom of
d'Italiani, capaci di difendere oramai 11,000,000 of Italians, capable of de-
la propria indipendenza, sottentrò a fending itself, grew out of that Sub-
quello Stato Subalpino che per aver alpine State which in taking up the
assunta la difesa della causa d'Italia cause of Italian defence saw its prov-
vedeva le sue provincie invase dalle inces invaded by Austria.
truppe Austriache.
La Francia, che ebbe tanta parte France, which took such part in
nei combattimenti avvenuti, espose al these conflicts, objected to Sardinia,
Governo del Re non essere conveniente thus enlarged, retaining the frontier
1 Text and translation from British Parliamentary Papers, Affairs of Italy, Savoy and
Switzerland [2702], p. 246.
SAVOY AND NICE, 1860
601
'.
che il Regno di Sardegna, cosi am- towards France fixed in 1815, and
pliato di territorio e di sudditi, con- therefore demanded our provinces be-
servasse quelle stessa linea di fron- yond the Alps.
tiere che l'Europe aveva fissata fra i
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 However great the sacrifice, we did
che ci veniva chiesto, il Re ed i suoi not think we could refuse the request.
Ministri non riputarono di poter re-
spingere questa domanda.
Consci, anche per recenti esperienze, Well aware that the worst of po-
che l'ingratitudine è il peggiore dei litical systems is ingratitude, we were
sistemi politici, noi non volemmo che unwilling that France should regret
la Francia potesse rammaricare l'aiuto her aid, and feel less secure in having
accordatoci, e stimarsi meno tran- as a neighbour, instead of Italy weak
quilla e sicura avendo per vicina, an- and divided, Italy of the Italians.
zichè l'Italia debole e divisa, l'Italia
degli Italiani.
Però, nell'acconsentire alla separa- Still before consenting, several im-
zione di due province, le quali, benche portant conditions were made.
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.
Stabilì in primo luogo che la Fran- Firstly, that France should bind
cia si obbligasse ad osservare, rispetto herself to observe, as regards neutral
alle provincie neutralizzate della Sa- Savoy, all the special stipulations ex-
voia, tutte le specialistipulazioni isting between Sardinia and Switzer-
vigenti a questo proposito fra la Sar- land;
degna e la Confederazione Elvetica.
Chiese inoltre che le popolazioni That Nice and Savoy should ex-
della Savoia e del circondario di Nizza
press their wishes by the same mode
fossero consultate intorno alla loro of vote as had been used by the Ital-
riunione alla Francia con quella stessa ians in voting their annexation to
forma di votazione con cui gli abitanti Sardinia;
602
DOCUMENTS
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 That a Mixed Commission should
una Commissione Mista avrebbe fis- mark out the new frontier, recipro-
sato i nuovi confini fra i due paesi, cally taking into consideration the
tenendo conto delle necessità reci- necessities of defence and the con-
proche della difesa e della configura- figuration of the mountains. Its la-
zione delle montagne. Questa Com- bours are not yet ended, but we shall
missione, che dovrà pur recarsi sui remain in possession of the Upper
luoghi, non ha ancora compiuti i lavori Roia, of the Tinea, and Vesubia, and
che gli furono affidati. Il riferente of the plateaux of the great and lit-
è però lieto di recare a notizia della tle Mont Cenis, now part of the prov-
camera che, giusta gli accordi già ince of Maurienne.
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 The necessity of bringing to an end
uno stato d'incertezza che non era a state of uncertainty which might
senza pericoli per l'ordine pubblico become dangerous, caused us to take
fece si che si dovesse procedere alle the votes of Nice and Savoy before
votazioni nella Savoia e nel circon- consulting Parliament, whose con-
dario di Nizza prima che il Trattato sent, however, was especially stipu-
potesse essere sottomesso al Parla- lated for.
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- It now. remains for you either to
SAVOY AND NICE, 1860
603
sacri o respinga col suo voto questa accept or reject the Treaty. In sub-
importante stipulazione. Nel sotto- mitting it to you I shall limit my re-
porre questo grave argomento, alle narks to this one, that if a cession of
vostre deliberazioni, il riferente si territory is always painful, this one is
limita ad osservare che, se ogni ces- less so than usual, being not the result
sione di territorio è sempre doloroso, of humiliating defeat, but the conse-
essa lo è assai meno quando non è il quence of a glorious war; not a con-
risultato d'umilianti sconfitte, ma la cession to a victorious enemy, but a
consequenza d'una guerra gloriosa; solemn testimonial of gratitude to a
non è una concessione ad un vittorioso generous ally.
nemico, ma un attestato solenne della
gratitudine d'un popolo risorto verso
il suo generoso alleato.
Extract from Discussion Regarding the Votes of Savoy and Nice. Italian
Chamber of Deputies. May 25, 1860 1
GUERRAZZI. L'obbligo assunto GUERRAZZI. ... The obligation as-
in virtù della profferta o del facile sumed in virtue of the offer or of the
consenso alla cessione di Savoia e easy consent to the cession of Savoy
Nizza, dopo tutto questo impose la and Nice after all this, imposed the
necessità di destreggiarsi in guisa che necessity of managing so that the vote
il voto non uscisse contrario al negozio would not result contrary to the pact
conchiuso. Sarebbe adesso tempo op- entered into. It might now be timely
portuno di esporre le arti onde si ot- to expose the arts by which that vote
tenne cotesto voto; io non lo farò: was obtained; I shall not do so: this
parmi questo tale sentiero dove il de- seems to me a place where decorum
coro mi persuade a passare presto e in persuades me to pass quickly and on
punta di piede per tema di lordarmi il tiptoe for fear of besmirching my
calzare. Solo dirò come un Lubonis shoes. I shall but say how one Lu-
fosse eletto governatore temporaneo bonis was appointed temporary gov-
a Nizza durante la votazione; dirò ernor at Nice during the voting; I
com'egli adoperasse ogni via abusando shall say how he used every means of
del magistrato per corrompere le 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.
604
DOCUMENTS
menti; dirò come giungesse perfino a opinion; I shall say how he even
dare una smentita alle parole del Re; went so far as to belie the words of
imperciocchè, mentre questi bandiva the King; for, while the latter an-
libero il voto e confortava il popolo a
nounced a free vote and exhorted the
fare uso senza ritegno di questa sua people to use this faculty without re-
facoltà, egli dichiarava, il popolo av- straint, he declared that the people
rebbe fatto cosa contraria alla volontà would act contrary to the will of the
del Re depositando nell'urna un voto King by placing in the urn a vote
contro la separazione di Nizza dall' against the separation of Nice from
Italia. Rincrebbe il contegno del Lu- Italy. The attitude of Lubonis of-
bonis, troppo più dolse la temerarietà fended, much more did his temerity
di offendere la regia parola: contro di in acting counter to the royal word:
lui questa aula suonò già di meritate against him this hall has already re-
querele, alle quali rispondendo l'ono- sounded with deserved complaints, an-
revole presidente del Consiglio dei swering which the Honorable Presi-
ministri promise gli avrebbe fatto una dent of the Council of Ministers
lavata di capo delle solenni (Ilarità); promised that he would give him a
no, signori, questo non è caso di ra- solemn dressing-down (Hilarity);
manzine.
no, gentlemen, this is not a matter
for rebuke.
Il Lubonis era suddito del Re allora, Lubonis was then a subject of the
e dovrebbe esserlo anche adesso: il King, and ought to be it even now.
Lubonis era nostro magistrato allora, Lubonis was then our magistrate and
e dovrebbe esserlo anco adesso; nos- should be it even now; Nice was ours
tra era, e tuttavia dovrebbe esserlo and ought to be ours now; but the ac-
Nizza: però le azioni del Lubonis do- tions of Lubonis should have been con-
vevano estimarsi tradimento, e quindi sidered treason and hence he ought not
non garrirlo, bensì arrestarlo, accu- to have been rebuked but arrested, in-
sarlo, punirlo; altrimenti taluno po- dicted, punished; otherwise one might
trebbe sospettare che il goffo servi- suspect that the foolish servant with
tore col soverchio zelo mise a mal excessive zeal betrayed the master
partito il padrone, che in palese lo who openly scolds him, secretly re-
rampogna, in segreto lo ricompensa wards him by doubling the tip.
raddoppiandogli la mancia. (Ila- (Hilarity.)
rità.)
Ancora, il vescovo del voto con- The bishop, also, almost made a
trario all'Italia fece quasi caso di case of conscience of the vote against
coscienza. Che cosa mai non ardis- Italy. What do Archbishops not
cono i vescovi? (Si ride.) Il Min- dare! (Laughter.) It was the duty
istero avrebbe dovuto sottoporlo a of the Ministry to censure him; at all
censura; ad ogni modo, con pubblico events to disavow his words by public
SAVOY AND NICE, 1860
605
bando e pei diarii ufficiali smentire le proclamation and through the official
sue parole; smentire quelle del Lu- journals; to disavow those of Lu-
bonis, assicurare le menti incerte, con- bonis, reassure the uncertain ones,
fermare la fede dei popoli esitanti, strengthen the faith of the hesitating,
mantenere l'autorità alle parole regie. maintain the authority of the royal
Tutto questo fece almeno il Minis- words. Did the Ministry do this at
tero? No, o signori, non fece nulla, the least? No, Gentlemen, it did
non poteva più farlo, e oggi egli viene nothing, could no longer do anything,
a cantare di necessità.
and to-day it comes and chants about
necessity.
E tanto hasterebbe sul voto di And that would be enough about
Nizza, perchè, domando io, con popoli the vote of Nice, for, I ask, can
religiosissimi e fedelissimi può egli one with very religious and very faith-
adoperarsi violenza maggiore della ful peoples use greater violence than
tema di offendere Dio e di offendere the fear of offending God and the
il Re? Ma poichè volle fortuna che King? But, as fortune wills that in
nella trama delle vicende umane the woof of human vicissitude there
qualche filo di burlesco ci abbia ad should always enter some thread of
entrare sempre, ecco che nella vota- the burlesque, behold in the voting of
zione di Nizza venne ad incastrarvisi Nice appeared also the miracle: that
anco il miracolo: quello della molti- of the multiplication of the votes.
plicazione dei voti. (Ilarità.) E (Hilarity.) The truth is that at La-
valga il vero: a Lavenzo gl'iscritti a venzo the registrations amounted to
votare sommarono a 407, i voti furono 407, the votes were 481; consequently
481: dunque 74 voti più dei votanti. 74 more votes than voters. Surely
Certo l'antica moltiplicazione dei pani the old multiplication of the loaves
e dei pesci fu più copiosa assai: Tut- and fishes was far more copious: yet
tavolta anco questa ritiene del mira- even this partakes of the nature of a
colo. (Ilarità prolongata.)
miracle. (Prolonged hilarity.)
Ma che importa insistere su lo stra- But why insist on the illegality used
zio della legalità menato in cotesta in the conduct of this vote, if the very
votazione, se lo stesso Ministero per Ministry through the Honorable Min-
l'organo dell'egregio ministro dell' ister of Public Instruction confesses
istruzione pubblica lo confessava ? ... it? ...
TORNATA DEL 26 MAGGIO 1860
SESSION OF MAY 26, 1860
RATTAZZI. (Movimento generale RATTAZZI: (General movement of
di attenzione.) Sorgendo per far attention.) Rising
attention.) Rising to censure the
censura del trattato sottoposto alle treaty submitted to our deliberation,
nostre deliberazioni, non posso nè I neither can nor will dissemble how
606
DOCUMENTS
voglio dissimulare come sia dolente di painful is the duty of disapproving
dovere su questo argomento disap- the conduct of the Ministry on this
provare la condotta del Ministero. point. . . . I can not approve the
.. Io non posso approvare il trat- treaty, particularly as the Ministry, in
tato, mosso particolarmente dalla con- accepting it, has abandoned that pol-
siderazione che il Ministero nell'accet- icy followed hitherto which had made
tarlo ha abbandonato quella politica Piedmont strong and powerful : it has
che si era seguita fin qui, che aveva abandoned that principle of Italian
reso il Piemonte forte e potente; il nationality to lean upon another in-
principio della nazionalità italiana egli terest, I mean the exclusive desire
lo ha abbandonato per appoggiarsi of increasing the Kingdom. (Move-
sopra un altro interesse, voglio dire ment.)
sul desiderio esclusivo dell'ingrandi-
mento del regno. (Movimento.)
... Per me, o signori, la ques-
For me, Gentlemen, the ques-
tione sulla nazionalità di Nizza è ri-
tion of the nationality of Nice is
solta dal voto 1 e dal fatto costante di solved by the vote and the fact estab-
quelle popolazioni pel corso di più lished by those populations through
secoli.
the course of several centuries.
Quando i popoli sono liberi di darsi When the peoples are free to give
a chi meglio loro piaccia, essi, per themselves to whom they choose, they,
naturale istinto, si portano necessaria- by natural instinct, are carried neces-
mente verso quella parte con cui hanno sarily to that section with which they
comune il principio della nazionalità. have the principle of nationality in
Ora sta di fatto che, or son cinque common. Now it is a fact that, five
secoli, le popolazioni nizzarde, lasciate centuries ago, the people of Nic be-
libere del loro voto, si diedero a questa ing free to vote, gave themselves to
parte d'Italia.
that part of Italy.
Io voglio supporre che realmente I wish to suppose that the votes
fossero sinceri e liberi i voti, che non were truly sincere and free, that no
si sia usata violenza a quelle popola-' violence was used on these popula-
zioni. Crede egli ad ogni modo il tions. Does the Minister really be-
signor ministro che realmente fosse lieve that there was actually a desire
desiderio di quelle provincie di unirsi of these provinces to unite with
alla Francia ?
France ?
PRESIDENTE DEL CONSIGLIO.2
PRESIDENT OF THE COUNCIL. Yes.
Si.
1 Of 1388.
2 Cavour.
:
SAVOY AND NICE, 1860
607
RATTAZZI. Il signor presidente del RATTAZZI: The President of the
Consiglio mi risponde di si, ed io sog- Council answers “yes,” and I add that
giungo che egli è in errore grandis- he is in great error.
simo.
Egli è in errore, poichè quando a He is in error because when a peo-
popolazioni, le quali erano tranquille, ple who were tranquil, who showed
che mostravano in ogni loro atto la in all their acts the greatest abnega-
più grande abnegazione, che diedero tion, who gave constant proof of
costanti prove di fedeltà al Principe, fidelity to the Prince, who showed the
che mostravano un caldissimo affetto warmest affection towards the other
verso le altri parti dello Stato a dell' parts of the State and of Italy, when,
Italia, quando, dico, a queste popola- I say, such a people, after the sacri-
zioni, dopo i sacrifizi che fecero, dopo fices made, after so many years of
tanti anni di fratellanza e di unione, fraternity and of union say: “We are
dite loro: noi siamo disposti a res disposed to withdraw from our asso-
pingervi dal nostro consorzio, dal nos- ciation, from our idea of union with
tro seno per unirci ad altre parti
ad altre parti the other parts of Italy”; do you be-
d'Italia; credete voi che queste popo- lieve that these people, when they had
lazioni, anche quando non avessero no thought of separating, would not
intenzione di separarsi, tuttavia indis- be averse if they were to be joined
pettite non si darebbero ad un altro to another country?
paese?
Questo, o signori, è il fatto av- This, Gentlemen, is what has hap-
venuto in Savoia e Nizza.
pened in Savoy and Nice.
Il proclama dei governatori di Nizza The proclamation of the Governors
e di Savoia è una solenne testimoni- of Nice and of Savoy is a solemn
anza di quello che affermo, poichè le proof of what I affirm, because the
parole che furono pronunciate da words which were pronounced by
questi due funzionari pubblici suona- these two public officials ring still
vano ancora più dure ed amare al more hard and bitter to the hearts of
cuore de Savoiardi e de’Nizzardi. Se the people of Savoy and Nice. If,
dunque, poste a queste strette, abban- then, after this pressure, abandoned
donate da noi, si diedero ad altro by us, they have given themselves to
paese, credete voi che sia questa una another country, do you believe that
prova sicura che tal fosse l'intendi- this is a dependable proof that such
inento del loro cuore? Non lo credo. was the judgment of their hearts? I
do not believe it.
PRESIDENTE DEL CONSIGLIO.
PRESIDENT OF THE COUNCIL:
Ora, signori, io ve lo dico con pro- Now, Gentlemen, I tell you with pro-
fonda convinzione, a mantenere le found conviction, the cession of Sa-
masse francesi favorevoli all'Italia era voy and Nice was necessary to keep
608
DOCUMENTS
necessaria la cessione della Savoia e the French masses favorable to Italy.
di Nizza. · A torto od a ragione, io Rightly or wrongly, I will not discuss
non lo voglio discutere, le masse fran- this point, the French masses believed
cesi credevano e credono che le pro- and believe that the provinces referred
vincie ora accennate appartengano le- to legitimately belong to France. It
gittimamente alla Francia. Sarà un may be an error, if you will, but no
errore, se lo volete, ma che quest' one who knows France well can in
opinione esista nelle masse francesi è good faith deny that this opinion pre-
un fatto che niuna persona, la quale vails among the French masses.
conosca a fondo la Francia, potrà in
buona fede negare.
Gli onorevoli preopinanti, e spe-
The honorable speakers, particu-
cialmente l'onorevole deputato Rat- larly the honorable Deputy Rattazzi,
tazzi, hanno parlato della Savoia e have spoken of Savoy and Nice as
di Nizza come se mai fosse stata messa though it had never been proposed to
avanti l'idea di riunire queste due pro- unite these two provinces with
vincie alla Francia: come se mai non France; as though there had never
vi fossero state in Savoia ed in Nizza been French aspirations in Savoy and
aspirazioni francesi; come se in quelle in Nice; as though in those two prov-
due provincie non vi fosse mai stato inces there had never been a French
un partito francese.
party.
Veramente io non posso capire come Really I can not understand how
seriamente si venga a sostenere che in one can seriously say there is not a
Savoia non vi fosse un partito che party in Savoy which desires union
desiderava la riunione alla Francia. with France. Why, Gentlemen, we
Ma, o signori, noi abbiamo avuto nel have had with us for many years,
nostro seno per molti anni un gran many deputies from Savoy who, de-
numero di deputati della Savoia, i spite their oath, ill hid their desire
quali, a malgrado del prestato giura- of seeing their country united with
mento, mal celavano il loro desiderio France. I think that they have
di vedere la loro patria riunita alla clearly manifested that to you at sev-
Francia. A me pare che in più circo- eral times. This may amaze you:
stanze essi ve lo abbiano schiettamente but, Gentlemen, if you think of the
palesato. Ciò può farvi stupore; ma, commercial relations, the community
o signori, se badate alle relazioni com- of speech and the facility of communi-
merciali, se badate alla comunanza cation you must acknowledge that
della lingua e alla facilità delle com- there were very strong forces driving
municazioni, non potete disconoscere Savoy toward France.
che vi erano delle forze prepotenti che
spingevano la Savoia verso la Francia.
SAVOY AND NICE 1860
609
La Savoia intellettualmente vive Savoy, intellectually, lives upon
della letteratura francese; avreste French literature; you would hardly
dura fatica a trovare in Chambéry od find in Chambéry or in Annecy an
in Annecy, un giornale italiano; voi Italian paper, you find no other books
non trovate dai librai altro che libri than French at the book sellers; and
francesi; e se vi fosse accaduto, come if it had happened to you as it did to
accadde a me qualche volta, di assist- me sometimes to be present at the de-
ere alle partenze dei convogli delle parture of the trains from Chambéry
strade di ferro dalla stazione di Cham- station, you would have seen that in
béry, voi avreste visto che in quelli those going toward France there were
diretti verso la Francia partiva im- a great number of travellers while in
menso numero di viaggiatori, laddove those toward Italy there were only a
in quelli verso l'Italia ve n'era solo uno small number, which became very
scarso numero,
fatto scarissimo small when arriving at San Giovanni
quando si giungeva a S. Giovanni di di Moriana.
Moriana.
RATTAZZI. Non ho parlato della RATTAZZI: I have not spoken of
Savoia, ma di Nizza.
Savoy but of Nice.
PRESIDENTE DEL CONSIGLIO. Verrò PRESIDENT OF THE COUNCIL: I
poi anche a parlare di Nizza.
shall speak of Nice also.
Ora, se il partito francese che esis- Now if the French party remained
teva in Savoia si mantenne pel passato in the past within the limits of a more
nei limiti di un'opposizione più o meno or less legal opposition which, how-
legale, che però si spingeva spesso ai ever, often touched the extreme lim-
limiti estremi della legalità, questo its of legality, this party, emboldened
partito, fatto più ardito dalle domande by the demand of the French govern-
del Governo francese, eccitato dalla ment, excited by the powerful voice
voce potente della stampa francese, si of the French press, would have
sarebbe in ora più vivamente e più grown more lively and more energetic,
energicamente spiegato e radicato; e and do you believe that it would have
credete voi che sarebbe stato facil- been easily governable? . .
mente governabile?
.
.
L'onorevole deputato Rattazzi m'in- The honorable Deputy Rattazzi in-
terrompeva dicendo: lasciamo stare la terrupted me by saying let us leave
Savoia, passiamo a Nizza. Io credo
Io credo Savoy and pass to Nice. I believe
che l'onorevole preopinante abbia that the honorable speaker has almost
quasi sempre confuso o almeno ris always confused or at least joined in
unite nel suo discorso Nizza e Savoia, his speech Nice and Savoy and distin-
e non fece distinzione se non sulla guished only on the point of national-
610
DOCUMENTS
questione di nazionalità. Nessuno ity. No one having disputed the na-
avendo contestato la nazionalità della tionality of Savoy, I have not alluded
Savoia, non ne ho fatto cenno.
to it.
Ora vengo alla questione di Nizza. I turn to the question of Nice.
L'onorevole deputato Rattazzi ha The honorable Deputy Rattazzi has
detto che Nizza era incontestabilmente said that Nice was incontestably an
una provincia italiana, e per dimos- Italian province, and to demonstrate
trarlo, lasciando da parte gli argo- it, leaving aside the ethnographic and
menti etnografici e quelli geografici, geographic arguments, put forth one
ne mise in campo un solo, e disse che only and says that he believes Nice
credeva che Nizza fosse italiana, was Italian because in a given circum-
perchè in una data circostanza Nizza, stance Nice of her own accord gave
libera di sè, si era data all'Italia. herself to Italy.
Ma che cosa fecero i Nicesi? But what did the people of Nice do?
Dichiararono essi di voler diventare Did they say that they wished to be-
Italiani? Dichiararono almeno di vo- come Italian? Did they even say that
lersi riunire sotto la corona di un prin- they wished to unite under the crown
cipe italiano? Ma no, signori, chè in of an Italian prince? No, Gentle-
allora, è forza il dirlo, la Casa di Sa- men, ... the House of Savoy was
voia non era ancora fatta italiana.. not yet become Italian.
Ma, si dice: Nizza è italiana, ed a But they say that Nice is Italian
prova di ciò si adduce un argomento and by way of proof whose value I
di cui non disconosco il valore. Si admit, they say that Nice has given
dice: Nizza ha dato molti cittadini many famous, heroically devoted citi-
illustri, devoti, eroicamente devoti alla zens to Italy's cause.
causa d'Italia.
Questo io non contesto, anzi alta- This I do not dispute, rather I
mente lo riconosco, lo riconosco spe- loudly recognize it, I recognize it es-
cialmente a gloria di questi individui, pecially in honor of those individuals,
i quali pare che abbiano voluto far who, it seems, have wanted to per-
persuaso il rimanente d'Italia della suade the rest of Italy of the nation-
nazionalità della loro patria, compen- ality of their country, compensating
sando collo zelo, colla devozione, coll' with zeal, devotion and heroism, for
eroismo al difetto d'italianità. Nizza the lack of being Italian. Nice has
ha prodotto molti Italiani, ma Nizza produced many Italians, but Nice is
non è italiana.
not Italian. .
Ma, o signori, qual è l'indizio più But, Gentlemen, what is the strong-
forte della nazionalità di una popola- est indication of the nationality of a
zione? Egli è la lingua. Or bene, la people? The language. Now, the
lingua che si parla a Nizza non ha che language spoken at Nice has only a
SAVOY AND NICE, 1860
611
lontanissima analogia colla lingua distant similarity to Italian and is
italiana, ed è identica a quella che si identical to that spoken at Marseilles,
parla a Marsiglia, a · Tolone, a Toulon and Grasse. .
Grasse. 1
Ma mi si dice: il voto non è stato But they tell me that the vote has
libero, non solo non ha nessuna au- not been free. Not only has it no
torità, ma ha una autorità contraria, authority, but, a contrary authority,
prova
il contrario di ciò che esprime. it proves the contrary of what it ex-
presses.
Mi pare l'argomento un po'strano. The argument seems a little strange
Ma poichè parlo di voto, debbo spie- to me. But since I am speaking of
garvi, o signori, come dopo avere sta- the vote I must explain, gentlemen,
bilito che il suffragio dovesse esser how, after having established that the
regolato dalla Camera, il Governo ab- voting must be regulated by the Cham-
bia consentito poi che esso precedesse ber, the government then consented
la deliberazione del Parlamento. that it precede the deliberation of Par-
liament.
Quando si discusse il trattato, il When the treaty was discussed, the
Governo propose il voto universale. government proposed a universal vote.
Questa idea non venne immediata- The idea was not immediately ac-
mente accolta dal Governo francese, cepted by the French government and
ed in allora si venne a quella proposta then that proposal was reached of hav-
di farlo regolare dal Parlamento. Ma ing it regulated by Parliament. But
quando il Governo francese si decise when the French government decided
risolutamente ad accettare il voto uni- to accept the universal vote, and ac-
versale, ed accettarlo sulle basi e die- cept it on the basis and in the form
tro le norme state applicate nell'Italia applied in Central Italy, we truly be-
centrale, in verità noi abbiamo creduto lieved that a reasonable proposal
che non si potesse respingere una pro- could not be rejected.
posta ragioneyole
Ma, mi si dice: a Nizza il voto fu But they tell me that in Nice the
carpito, vi fu coazione morale, vi fu vote was stolen, there was moral co-
un proclama del governatore, vi fu- ercion, there was a proclamation of
rono agenti spediti in tutti i comuni. the governor, agents were sent to all
the communes.
Io ho già manifestata la mia opin- I have already stated my opinion
ione sul proclama del governatore; 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 Niçois 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
DOCUMENTS
ma quello che non vi ho detto, e che but what I have not told you and what
ora credo di poter dire, è che lo zelo I now believe I can say, is that the
poco abile di certi agenti, i quali cre- awkward zeal of certain agents, who
dettero di fare la loro corte alla Fran- thought they were pleasing France,
cia, lungi dal rendere più facile l'uni-. far from making the union easier,
one, la rese più difficile. Io credo che made it more difficult. I believe that
l'unione alla Francia avrebbe in Nizza the union with France would have met
incontrate molto minori difficolta, av- with much less difficulty, would have
rebbe suscitato molto minori opposi- aroused much less opposition, without
zioni, senza il troppo zelo degli agenti the excessive zeal of the French
francesi.
agents.
Ma io posso assicurarvi che le oper- But I can assure you that the opera-
azioni procedettero con regolarità. tions proceeded regularly, in all the
In tutti i comuni lo squittinio fu pre- communes the voting was presided
sieduto dal sindaco e da quattro primi over by the syndic and four first coun-
consiglieri o aggiunti comunali. Ora cillors or communal adjuncts. Now
i sindaci erano stati nominati molto the syndics had been appointed long
prima del trattato del 24 marzo, e gli before the treaty of March 24, and
aggiunti erano stati eletti dal libero the adjuncts had been elected by the
suffragio dei loro concittadini. Del free vote of their fellow citizens.
resto, se avessi bisogno di una testi- Moreover, if I needed testimony of
monianza del come le cose sono pas- how the matter has passed, I could in-
sate, potrei invocare quella dell'onore- voke that of the honorable deputy
vole deputato Niel, che è stato pre- who was present at the voting.
sente alle operazioni del voto...
MELLANA. Ed ai pranzi. (Si
MELLANA. And at the dinners.
ride.)
(Laughter.)
PRESIDENTE DEL CONSIGLIO. Che PRESIDENT OF THE COUNCIL: I
gli agenti francesi abbiano cercato di do not deny that the French agents
porre in luce i vantaggi dell'unione have tried to set forth the advantages
alla Francia, io non lo nego; che aves-
of union with France; that they had
sero molti argomenti a far valere, pur many arguments to use is only too
troppo è vero. Essi potevano dire ai true. They could say to the priests:
parroci: ponete mente che voi in “Remember that in these poor dis-
queste povere contrade non ricevete tricts you receive from the Govern-
dal Governo e dall'economato se non ment and the treasury only 500 or
cinque o seicento franchi; se passate 600 francs; if you become French,
sotto la Francia, il vostro stipendio your stipend will be raised to 1000,
sarà elevato a mille, mille e duecento 1200 and 1500 lire;” and this argu-
e mille cinquecento lire; e pur troppo ment was only too strong without the
•
SAVOY AND NICE, 1860
613
questo argomento aveva molto valore need of the circular of the archbishop
senza che fosse necessaria la circolare to reinforce it.
del vescovo per darci forza.
Agli istitutori primari nelle men- To the primary teachers in the
tagne dicevano : non ricevete che 200, mountains they said: “ You receive
250 o 300 franchi; la legge in Francia but 200, 250 or 300 francs; the law
stabilisce che il minimo dello stipendo in France says that the minimum pay
degli istitutori primari si è di lire 600; of the primary teachers is 600 lire”;
ed ecco una seconda categoria degli and there you have a second class of
apostoli ferventi della riunione alla fervent apostles for union with
Francia.
France.
Lo stesso argomento facevano va- They used the same argument with
lere presso le institutrici femminili. the female teachers.
Finalmente voi non ignorate che Finally, you know that many labor-
una gran parte di, operai, una gran ers, many of the poor class of the
parte della classe povera della contea county of Nice emigrates every year
di Nizza emigra tutti gli anni per to seek work in the towns of Provence.
andar a cercar lavoro nelle città della To these they said: “Henceforth
Provenza. A questi dicevano: d'ora you will no more need the formality
in avanti non avrete più bisogno della of a passport, you will save the lire
formalità del passaporto, voi farete that you must pay to the State, you
l'economia di quelle lire che dovete will no longer be inconvenienced about
pagare al fisco, non avrete più l'in- going to the intendant or governor to
comodo di recarvi dal intendente o dal get one”; these arguments had only
governatore per farvelo rilasciare; pur too great a force; certainly they will
troppo questi argomenti avevano have exaggerated them considerably,
molto valore; certamente li avranno di they must have added imaginary bene-
molto esagerati, avranno a benefizi fits to real ones; but, Gentlemen, can
reali aggiunti benefizi immaginari; you cite any general popular elections,
ma, o signori, potete voi citarmi delle where the parties do not use exag-
elezioni popolari generali, dove i par- gerations, where they do not hold out
titi non facciano uso di esagerazioni, promises that they know they can not
dove non pongano in campo promesse always keep, where they do not bring
che sanno di non poter sempre man- against their opponents charges that
tenere, che non muovano contro i loro are surely exaggerated? And if I
avversari delle accuse sicuramente esa- told you the story of the American
gerate? E se vi facessi la storia delle elections, I could tell you means of
elezioni americane vi potrei accennare coercion much more powerful than
dei mezzi di coazione ben altrimenti those used at Nice, for the parties at
potenti di quelli adoperati a Nizza, times use not only the intellectual ar-
614
DOCUMENTS
.
poichè i partiti talvolta non solo ado- guments, but resort to those deduced
perano gli argomenti intellettuali, ma from material force. (Laughter.)
hanno ricorso agli argomenti dedotti
dalla forza materiale. (Risa.)
E nelle elezioni inglesi i partiti non And in the English elections, do not
si lanciano a vicenda le più gravi ac- the parties hurl against each other the
cuse? E presso noi questi fatti non most serious charges? And have
si riproducono?
these facts not been reproduced with
us?
Tutti i popoli liberi sono sottoposti All free peoples are subjected to
a queste anomalie, a queste esagera- these anomalies, to these exaggera-
zioni, a questi inconvenienti.
tions, to these inconveniences.
Io voglio aminettere che a Nizza se I will admit that at Nice a wider
ne sia fatto un uso più largo che non use than usual was made, but will you
d'ordinario; ma volete voi credere che believe that these somewhat excessive
questi mezzi un po'eccessivi avessero means would have had an effect of
avuto tanta autorità da produrre la producing a quasi unanimity in favor
quasi unanimità in favore della ri- of union with France, if the senti-
unione alla Francia, se il sentimento ments of the people, if their in-
delle popolazioni, se i suoi interessi terest had not carried them toward
non le avessero portate verso la Fran- France? .
cia?.
E finalmente, se vi fu coazione per And, finally, if there was coercion
parte degli agenti francesi a Nizza of the people on the part of the
sulle popolazioni, non vi fu certo coa- French agents at Nice, there certainly
zione sui nostri soldati i quali si tro- was no coercion of our soldiers, who
vavano divisi in tutti i corpi dell'eser- were scattered in all the army corps;
cito; poichè voi ben sapete che non for you know well that there is no
esiste brigata speciale nicese. Eb- special Nice brigade. Well, among
bene fra i soldati nicesi la votazione the soldiers from Nice the vote took
ebbe luogo con tutta libertà; che anzi, place with entire freedom; even if
se vi fu pressione, essa fu piuttosto there was pressure, it was rather in
nel senso contrario, essendo italiana the contrary sense, the majority of
la magioranza dei loro colleghi: ep- their comrades being Italian: yet the
pure l'unanimatà si produsse nei loro vote was unanimous. But I do not
voti. Però io non voglio dar a ciò wish to give too much weight to that;
troppa importanza; so che presso i I know that with the soldiers one has
soldati si è anche fatto valere l'argo- also used the argument that in France
mento che in Francia la ferma è solo the enlistment is only for seven years,
di sette anni, mentre da noi è di un- with us eleven, and that this argu-
SAVOY AND NICE, 1860
615
dici, e che quest'argomento ha potuto ment may have had a strong influence
avere molta influenza sull'animo loro; upon them; but, if they had been Ital-
ma tuttavia, se fossero stati soldati ian soldiers they would have preferred
italiani, avrebbero preferito rimanere remaining eleven years with the col-
11 anni sotto le armi che vedere la loro ors to seeing their enlistment end after
ferma finire dopo 7 anni a costo della seven years, at the expense of their
propria nazionalità.
own nationality
Con questo, o signori, io penso di With this, gentlemen, I think that
aver adempiuto alla parte più impor- I have fulfilled the most important
tante del mio assunto, di avervi dimos- part of my task, that of showing that
trato che, se il trattato ci impone do- if the treaty imposes very painful
lorosissimi sacrifizi, se ci priva di due sacrifices, deprives us of two most
nobilissime provincie che furono e po- noble provinces, which have aided and
tevano ancora esserci larghe di aiuti may still aid us considerably in arms
in armi e denari, noi non abbiamo and money, we have certainly not vio-
certo violato il principio di nazionalità, lated the principle of nationality, that
quel principio sul quale riposa, lo dico principle on which, I say it emphat-
altamente, la nostra politica. Se io ically, our policy is based. If I had
avessi creduto che colla cessione di thought that this transfer of Nice
Nizza quel sacrosanto principio fosse were a violation of such a sacro-
stato leso, io, lo dichiaro altamente, sanct principle I would openly declare
avrei diviso tutte le opinioni che in- I should have agreed to all the opin-
torno ad essa l'onorevole Rattazzi ha ions expressed in regard thereto by
manifestate.
the honorable Rattazzi.
i
Statement of the Position of Great Britain Regarding the Vote 1
Lord J. Russell to Earl Cowley
Foreign Office, May 15, 1860.
MY LORD,
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. RUSSELL.
Report Made to the Emperor by the Minister for Foreign Affairs, Regarding
the Treaty of Turin. June 11, 1860
1
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 l'Em- His Majesty King Victor Emanuel,
SIRE,
1 De Clercq, Recueil, vol. 8, p. 32.
618
DOCUMENTS
pereur tous ses droits et titres sur la in transferring to the Emperor all his
Savoie et l'arrondissement de Nice, rights and titles to Savoy and the dis-
a consenti à la réunion de ces deux trict of Nice, has consented to the
pays au territoire de la France.
union of these two countries to the
territory of France.
Le parlement sarde vient de sanc- The Sardinian parliament has just
tionner par un vote solennel la ces- sanctioned by a solemn vote the ces-
sion opérée d'abord par le Souverain, sion previously made by the sov-
et ratifiée ensuite par le voeu des po- ereign, and afterwards ratified by the
pulations destinées a devenir fran- vote of the populations destined to
çaises. Jamais la légitimité d'une become French.
become French. Never has the legit-
transaction internationale ne fut plus imacy of an international transaction
solidement établie.
been more solidly established.
L'accomplissement régulier et suc- The regular and successive accom-
cessif de cet ensemble de conditions, plishment of this combination of con-
rapproché de l'exposé préalablement ditions, added to the statement pre-
soumis aux cours signataires de l'acte viously submitted to the courts sig-
général de Vienne pour leur faire ap- natory to the general act of Vienna,
précier les motifs qui ont déterminé for the purpose of making clear to
M. le Roi de Sardaigne, fait ressortir them the motives which determined
la demande adressée par V. M. à S. the demand addressed by Your Maj-
le caractère entièremement exception- esty to His Majesty the King of Sar-
nel de la nouvelle acquisition de la dinia, shows the entirely exceptional
France.
character of the new acquisition of
France.
Ce n'est pas une pensée d'ambition It is no thought of ambition which
qui a dirigé la politique impériale; has directed the imperial policy, it is a
c'est un sentiment de prévoyance. V. sense of foresight. Your Majesty
M. n'a pas poursuivi une conquête: has not pursued a conquest: you have
elle a cherché une garantie. Ce n'est sought a guarantee. You have not
pas à la force qu'elle a eu recours pour had recourse to force in order to as-
se l'assurer, c'est de l'amitié et de la sure yourself of it, but you have ob-
reconnaissance d'un souverain qu'elle tained it from the friendship and
l'a obtenue; et la valeur de cette ga- gratitude of a sovereign; and the
rantie est doublée par l'élan spontané value of this guarantee is doubled by
et unanime des populations qui en the spontaneous and unanimous en-
seront désormais les gardiennes. thusiasm of the populations who will
henceforth be its guardians.
V. M. et la France, Sire, peuvent Your Majesty and France, Sire,
être fières d'un succès, qui ajoute à may be proud of a success which adds
SAVOY AND NICE, 619
,
1860
leur prestige moral sans qu'il en ré- to their moral prestige without the
sulte pour aucune puissance la lésion injury of legitimate interest or the
d'un intérêt légitime ou un sacrifice sacrifice of pride for any power, as
d'amour-propre. En effet, par l'ar- a result. In fact, by article 2 of the
ticle 2 du Traité de Turin, les condi- Treaty of Turin, the special condi-
tions spéciales dont l'Europe, à la de- tions by which Europe, at the request
mande de la Sardaigne, a entouré la of Sardinia, surrounded the posses-
possession d'une partie de la Savoie sion of a part of Savoy, are main-
sont maintenues, et notre loyauté nous tained, and our loyalty imposes on us
impose le devoir de les respecter à the duty of respecting them equally
l'égal de la neutralité de la Suisse, en with the neutrality of Switzerland,
attendant qu'une prochaine entente while expecting that an approaching
avec les cours signataires de l'acte agreement with the courts signatory
général de Vienne et avec la Confé- to the general act of Vienna and with
dération helvétique elle-même ait ar- the Swiss Confederation itself may
rêté le réglement définitif de cette have settled the definite regulation of
question.
this question.
Que V. M. veuille donc revêtir de May Your Majesty be pleased
sa signature le décret ci-joint, qui therefore to affix your signature to
forme une belle page de l'histoire d'un the accompanying decree, which
règne déjà si fécond en prospérités. forms a noble page of the history
of a reign already so fruitful in pros-
perous events,
Je suis avec respect, etc.
I am with respect, etc.,
THOUVENEL.
THOUVENEL.
Paris, le 11 juin 1860.
Paris, June 11, 1860.
Senatus-Consulte Uniting Savoy and the District of Nice to France. June
12, 1860 1
ART. 1er. La Savoie et l'arrondisse-
ment de Nice font partie intégrante de
l'Empire français.
La Constitution et les lois françaises
y deviendront exécutoires à partir du
1e7 janvier 1861.
Art. 2. La répartition des terri-
ARTICLE 1. 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-
1 Martens, N. R. G., vol. 16, pt. 2, p. 542.
i
620
DOCUMENTS
toires réunis à la France en ressorts ritory annexed to France into cir-
de cours impériales et en départe- cuits of the Imperial Courts and into
ments sera établie par une loi.
departments shall be established by
law.
ART. 3. Les diverses mesures rel- ART. 3. The diverse measures re-
atives à l'assiette des lignes de douanes lating to the rate of the customs tar-
et toutes dispositions nécessaires pour iffs and all arrangements necessary
l'introduction du régime français dans
for the introduction of the govern-
ces territoires pourront être réglées ment of France into these territories
par décrets impériaux rendus avant shall be regulated by imperial decrees
le 1er janvier 1861. Ces décrets au- rendered before January 1, 1861.
ront force de loi.
These decrees shall have the force of
law.
Délibéré et voté en séance, au pa- Deliberated and voted in session at
lais du Sénat, le 12 juin 1860.
the palace of the Senate on June 12,
1860.
Le président,
President
TROPLONG.
TROPLONG.
SICILY AND NAPLES, 1860
Garibaldi Assumes the Dictatorship of Sicily, May 14, 1860 1
ITALIA E VITTORIO
EMMANUELE
ITALY AND VICTOR
EMANUEL
Giuseppe Garibaldi, comandante in
capo le forze nazionali in Sicilia:
Sull'invito 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
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,
uomo,
DECRETA:
DECREE:
di assumere nel nome di VITTORIO that, in the name of VICTOR EMAN-
1 Le Asseniblee, vol. 15 (Sicilia vol. 4), p. 1009.
SICILY AND NAPLES, 1860
621
EMANUELE re d'Italia la Dittatura
in Sicilia.
Salemi, 14 maggio 1860.
Il Dittatore
G. GARIBALDI.
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
ITALY AND VICTOR
EMANUEL
IL PRODITTATORE
THE PRO-DICTATOR
In virtù dell'autorità a lui delegata; By virtue of the authority delegated
to him;
Udito il parere dei segretari di After hearing the opinion of the
Stato;
Secretaries of State;
Considerando che il voto espresso Considering that the wish ex-
dai Siciliani nella gloriosa rivoluzione pressed by the Sicilians in the
del 4 aprile col grido unanime degļ glorious revolution of April 4 with
insorti, al quale unanime rispose quello the unanimous cry of the insurgents,
di tutte le popolazioni dell'Isola, con which was unanimously answered by
la bandiera che levarono combattendo, the cry of all the inhabitants of the
con gl'indirizzi di tutti i comuni, fu Ísland, with the banner which they
ed è l'annessione al Regno italiano e carried while fighting and with the
costituzionale dello augusto Vittorio addresses of all the people, was and is
Emmanuele Re d'Italia;
for annexation to the Italian and con-
stitutional Kingdom of the august
Victor Emanuel, King of Italy;
Considerando che questo voto è Considering that this wish is in con-
conforme al dritto nazionale superiore formity with the superior and eternal
ed eterno, che spinge i popoli di una national right, under which the
stessa Nazione a costituirsi ad unità peoples of the same Nation are im-
di Stato, e fu suggellato dal sangue pelled to organize themselves into a
degl'insorti e dei valorosi che, guidati single State, and that it was sealed
dal generale Garibaldi, portarono vit by the blood of the insurgents and the
toriosa e coprirono di nuovi allori la brave men who, under the leadership
tricolore bandiera nella quale è im- of General Garibaldi, carried to
pressa la Croce di Savoia;
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
the tricolor banner on which is dis-
played the Cross of Savoy;
Che le altre provincie italiane e Considering that the other Italian
tutte le nazioni civili accolsero con
provinces and all the civilized nations
plauso il programma Italia e Vittorio received with applause the program
Emmanuele, e la bandiera della Rivo- Italy and Victor Emanuel and the
luzione Siciliana;
banner of the Sicilian Revolution;
Considerando che se i poteri straor- And considering that, while the
dinari della Dittatura, intesi a con-
extraordinary powers of the Dictator-
solidare l'ordine novello, e a conse- ship, intended to firmly establish the
guire il fine della Rivoluzione, non new order of things and to consum-
consentono per ora l'attuazione im-
mate the purpose of the Revolution,
mediata della legge fondamentale della do not permit, for the present, of the
Monarchia italiana, è necessario tut- immediate enforcement of the fund-
tavia affrettarne la promulgazione amental law of the Italian Monarchy,
,
perchè in essa legge s'informa tutto it is nevertheless necessary to hasten
l'ordinamento delle nuove leggi, delle the promulgation thereof for the
autorità e delle giurisdizioni, che sono, reason that on this law is based the
o che debbono entrare in vigore; whole system of the new laws,
authorities, and jurisdictions which
are or are to be in force;
DECRETA:
DECREES:
ART. 1. Lo Statuto costituzionale ARTICLE 1. The Constitution of
del 4 marzo 1848 vigente nel Regno March 4, 1848, in force in the King-
d'Italia, è la legge fondamentale della dom of Italy, is the fundamental law
Sicilia.
of Sicily.
Art. 2. Esso entrerà in vigore ART. 2. It shall enter into force
nelle diverse sue parti all'epoca che in its various parts at the time to be
sarà designata con decreto dittatoriale. designated by dictatorial decree.
Art. 3. Sarà pubblicato il detto ART. 3. The said Constitution
Statuto insieme al presente decreto in shall be published, together with the
ogni comune e nel Giornale Officiale di present decree, in every commune and
Sicilia.
in the Official Gazette of Sicily.
Art. 4. Tutti i segretari di Stato ART. 4. All the Secretaries of
sono incaricati della esecuzione del
State are charged with the enforce-
presente decreto.
ment of the present decree.
Palermo, 3 agosto 1860.
Palermo, August 3, 1860.
Il Prodittatore
DEPRETIS. Pro-Dictator
DEPRETIS,
Il segretario di Stato dell'interno
Secretary of the Interior
F. CRISPI.
F. CRISPI.
SICILY AND NAPLES, 1860
623
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, 1860 1
PARLAMENTO ITALIANO
PARLIAMENT OF ITALY
CAMERA DEI DEPUTATI
CHAMBER OF DEPUTIES
Seduta 2 ottobre 1860.
Session of October 2, 1860.
Presentazione del progetto di legge Presentation of the Bill for the An-
per l'annessione delle provincie dell’- nexation of the Provinces of Central
Italia centrale e meridionale.
and Southern Italy.
Cavour, presidente del Consiglio CAVOUR, president of the council of
dei ministri. D'ordine di Sua Maestà Ministers. By order of His Majesty
io debbo presentare alla Camera un I am to present to the Chamber a bill
progetto di legge, stante l'importanza in view of the importance of which
del quale io la pregherei di farmi fa- I would beg you to allow me to read
coltà di darle lettura della relazione the report that is to accompany it.
che lo deve accompagnare.
(Vivi (Lively signs of attention.)
segni di attenzione.)
All'aprirsi della Sessione attuale i At the opening of the present ses-
rappresentanti di undici milioni d'ital- sion, the representatives of eleven
iani si adunavano intorno al Monarca million Italians united around the
da essi unanimemente acclamato. Monarch unanimously acclaimed by
Ora, dopo trascorsi appena sei mesi, them. Now, after
them. Now, after the lapse of
altri undici milioni d'italiani hanno in- scarcely six months, another eleven
frante le loro catene, e sonosi fatti ar- million Italians have broken their
bitri di scegliere quel Governo ch'ei chains and acquired the right to
reputeranno più convenevole ai sen- choose such government as they
timenti ed agli interessi loro. (Sen deem most suitable to their sentiments
sazione.)
and interests. (Sensation.)
Il Ministero è al tutto alieno dall'
The Ministry is far from attribut-
attribuire unicamente a sè stesso il ing solely to itself the credit for such
merito di sì mirabili eventi. Egli non wonderful events. It is not unaware,
disconosce, ma proclama invece alta- but rather loudly proclaims the fact
mente che al genio iniziatore dei that it is to the initiating genius of
1 Le 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
DOCUMENTS
popoli è sovratutto da attribuire un the people that such a stupendous re-
così stupendo rivolgimento. A ri- vulsion is above all to be attributed.
spetto poi di Napoli e della Sicilia, With respect to Naples and Sicily,
esso è dovuto senza dubbio al con- it is due without doubt to the gen-
corso generoso dei volontari; e più erous cooperation of the volun-.
che ad altra cagione, al magnanimo teers; and, more than to any other
ardire dell'illustre loro capo, al gen- cause, to the magnanimous daring
erale Garibaldi. (Vivissimi applausi of their illustrious chief, Gen-
dalla Camera e dalle tribune.)
eral Garibaldi. (Very lively applause
from the Chamber and from the
galleries.)
Il Ministero si ristringe pertanto a The Ministry therefore confines it-
notare che questi memorandi casi fu- self to noting that these memorable
rono conseguenza necessaria della
events were a necessary consequence
politica già iniziata da Carlo Alberto, of the policy already begun by Carlo
e proseguita per dodici anni dal Go- Alberto and pursued for twelve years
verno del Re. (Segni d'approva- by the King's Government. (Signs
zione.) Certo, se tale politica fosse of approval.) To be sure, if that
stata in disparto, ovvero se ne fossero policy had been neglected, or if its
mutati od alterati i principi direttivi, guiding principles had been changed
le cause surriferite sarebbero tornate or impaired, the causes referred to
impotenti a compiere la liberazione di above would have become powerless
tanta parte d'Italia.
to accomplish the liberation of so
large a part of Italy.
Quindi, non per essergli subita- Accordingly, not because it has
mente mancata la fede nell'efficacia di suddenly lost faith in the efficacy of
tali principi, il Ministero stimò suo these principles, the Ministry deemed
debito di far più sollecita dell'usato it to be its duty to hasten more than
la riunione del Parlamento. A ciò lo usual the convening of Parliament.
indusse, in prima, la persuasione che It was induced to do this, firstly, by
le presenti emergenze, non prevedute the conviction that the present emer-
nei giorni della votazione del prestito, gencies, not foreseen during the days
imponevangli lo stretto obbligo di ac- when the loan was being voted, im-
certarsi che non gli sia venuto meno posed upon it the strict obligation to
quel concorso efficace delle due Ca- insure itself against the lack of
mere, dal quale emerge la maggiore the effective cooperation of the two
delle forze governative. Egli pensò, Chambers from which arises the
inoltre, con una schietta esposizione greatest of governmental forces. It
dei propri intendimenti mettere i rap- thought, moreover, that by means of
presentanti della nazione in grado di a frank statement of its own ideas it
SICILY AND NAPLES, 1860
625
pronunziare solenne giudizio sul si-
stema politico da lui proseguito.
would enable the representatives of
the Nation to pass a solemn judgment
on the political system pursued by
it.
Signori, se la causa italiana si pro- Gentlemen, if the Italian cause has
cacciò finalmente la simpatia univer- finally won the universal sympathy
sale d'Europa, se la mente delle na- of Europe, if the minds of the most
zioni più culte ed educate le si di- cultured and educated nations are
mostra favorovole, ciò è specialmente favorable to it, this is to be speciall
da attribuirsi alla mirabile temperanza
attributed to the wonderful temper-
d'idee, alla compostezza dei modi ser- ateness of ideas and to the dignity of
bati dalle varie provincie della peni- the manners observed by the various
sola, tostochè riuscirono a liberarsi dal provinces of the Peninsula as soon as
reggimento che lo straniero aveva loro they succeeded in liberating them-
imposto. Quelle provincie porsero la selves from the régime which foreign-
prova più solenne di quanto sia vera ers had imposed upon them. Those
e profonda la civiltà del popolo ita- provinces furnished the most solemn
liano, sradicando immediatamente proof of the trueness and depth of
ogni germe di anarchia, ordinandosi the civilization of the Italian people,
senza indugio in conformità dei prin- eradicating immediately every germ
cipi che prevalgono appo le nazioni of anarchy, organizing itself without
più provette nell'esercizio della libertà hesitation in accordance with the prin-
manifestando infine la ferma volontà ciples which prevail among the na-
loro di uscire dal provvisorio e di ve- tions most experienced in the exercise
der istituito un Governo nazionale e of freedom, and finally manifesting
libero, ma forte ad un tempo e impa- its firm determination to abandon a
ziente d'ogni maniera di eccessi. 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.
Con questa moderazione e concor- With this moderation and concord
dia degli animi, con questa fermezza of minds, with this unshakable firm-
incrollabile di proposito i popoli della ness of purpose, the peoples of Tus-
Toscana e dell'Emilia pervennero da cany and Emilia finally succeeded in
ultimo a persuadere la diplomazia che persuading the diplomatic world that
gl’Italiani sono capaci di costruire un the Italians are capable of construct-
vasto Regno fondato ed ordinato ing a vast kingdom founded and or-
sovra principi ed istituzioni larga- ganized on broadly liberal principles
mente liberali.
and institutions.
.
626
DOCUMENTS
Le cose debbono procedere in egual Things must proceed in the same
modo nell'Italia meridionale. Guai manner in Southern Italy. Woe unto
se quei popoli avessero a durar lunga- them if those peoples should remain
mente nella incertezza del provvisorio; long in the uncertainty of a provision-
le perturbazioni e l'anarchia, che poco al régime; the disturbances and the
tarderebbero a scoppiare, diverreb- anarchy which would not be long in
bero cagione di danno immenso e di breaking out would become a source
immenso disdoro alla patria comune. of enormous injury and great dis-
Il gran moto nazionale, uscendo dall' honor to the common fatherland.
orbita regolare e meravigliosa che ha . The great national movement, deviat-
trascorsa finora, farebbe correre su- ing from the regular and wonderful
premi pericoli, cosi alle provincie testè orbit through which it has traveled
emancipate quanto a quelle che sono up to the present, would place in su-
da oltre un anno fatte libere ed in- preme peril not only the provinces
dipendenti. (Sensazione). Ciò non just emancipated but also those which
deve succedere. Il Re, il Parlamento have been made free and independ-
non vi possono acconsentire.
ent for over a year. (Sensation).
This must not happen. The King
and the Parliament can not consent
to it.
Il Principe generoso, che l'Italia in-
The generous Prince whom all
tera proclama iniziatore e duce del Italy proclaims as the initiator and
risorgimento nazionale, ha verso i leader of the national resurrection has
popoli del Mezzogiorno d'Italia spe- special duties toward the peoples of
ciali doveri. L'impresa liberatrice fu the south of Italy. The liberating
tentata in suo nome; attorno al suo enterprise was undertaken in his
glorioso vessillo si raccolsero, si strin-
name; around his glorious standard
rero i popoli emancipati. Egli è di- rallied and crowded the emancipated
nanzi all'Europa, dinanzi ai posteri peoples. He is responsible for their
risponsabile delle loro sorti.
fates before Europe and before pos-
terity.
Non già che Re Vittorio Emanuele Not, indeed, that King Victor
intenda perciò disporre a suo talento Emanuel intends for this reason to
dei popoli dell'Italia meridionale, ma dispose at will of the peoples of
incombe a lui il debito di dare a quelli Southern Italy, but the duty devolves
opportunità d'uscire dal provvisorio, upon him of affording them an op-
manifestando apertamente, liberissi- portunity to emerge from their provi-
mamente la volontà loro.
sional régime, manifesting their will
openly and freely.
Quale sarà il risultato del voto ? What will be the result of the vote?
La risposta giace nell'urna elettorale. The answer lies in the ballot box.
SICILY AND NAPLES, 1860
627
1
Come italiani, noi desideriamo ar- As Italians, we ardently desire that
dentemente che gli abitatori delle the inhabitants of the provinces not
provincie non ancora unite operino yet united should act similarly to
non diversamente da quelli dell'Italia those of Central Italy and with like
centrale, e collo stesso entusiasmo, con enthusiasm, and that they should with
pari unanimità si dichiarino consen- equal unanimity declare their acqui-
zienti al principio unificatore di tutta escence in the principle of unification
quanta la penisola sotto lo scettro co- of the whole Peninsula under the con-
stituzionale di Vittorio Emanuele. stitutional scepter of Victor Einan-
uel.
Come ministri di un principe scevro As ministers of a prince who is
d'ogni ambizione personale e che devoid of any personal ambition and
sacrò la sua spada e la vita alla grande who bared his sword and risked his
opera di fare l'Italia degli Italiani, noi life in the great task of making Italy
dobbiamo fermamente pronunziare in belong to the Italians, we must firm-
suo nome che qualunque sia per es- ly declare in his name that whatever
sere il voto di quei popoli esso verrà the vote of those peoples is to be,
religiosamente rispettato. (Bravo!
it will be religiously respected.
Bene!)
(Bravo! Good!)
A noi non fallisce la fiducia che voi We feel confident that you will
pure vi accorderete in questo pensiero. also agree in this opinion. We all
Tutti vogliamo recare a compimento wish to bring to completion the grand
il grande edificio della unità nazionale. edifice of national unity. But it must
Ma esso debbe sorgere mediante lo come through the spontaneous con-
spontaneo consenso dei popoli, non per sent of the people, not through any
atto alcuno di costringimento e di act of constraint or force.
forza.
Tali considerazioni indussero il These considerations induced the
Governo del Re a chiedere alle due King's Government to ask the two
Camere che gli sia fatta facoltà di Chambers to grant him the power to
compiere l'annessione di tutte quelle accomplish the annexation of all
affrancate provincie italiane le quali, those liberated Italian provinces,
interrogate col mezzo del voto uni- which, after being interrogated by
versale e diretto, dichiarassero di vo- means of direct and universal suf-
lere esser parte della numerosa famig- frage, should declare their desire to
lia di popoli già ricoverati sotto le ali become a part of the numerous fam-
del regno glorioso di Vittorio Eman- ily of peoples already gathered into
uele.
the folds of the glorious Kingdom of
Victor Emanuel.
Non crede il Ministero che la The Ministry does not think that
forma del voto possa esser argomento the form of the vote can give room
N
628
DOCUMENTS
di discussioni. Imperocchè sarà quella for discussion; since it is the same
medesima già posta in atto nell'Emilia which was used in Emilia and Tus-
e nella Toscana. I popoli verranno cany. The people will be invited to
invitati ad esprimere nettamente se state plainly whether or not they wish
vogliono o no congiungersi al nostro to join our State, though no condi-
Stato, senza però ammettere alcun tional vote will be admitted. For just
voto condizionato. Poichè, com'è as we are firmly determined not to im-
ferma nostra deliverazione di non im- pose annexation upon any part of
porre l'atto d'annessione ad alcuna Italy, so must we likewise declare
parte d'Italia, dobbiamo dichiarare with equal frankness that we do not
con pari schiettezza essere nostro av- think that annexations should be ac-
viso che non si debbano ammettere cepted which are subject to any spe-
annessioni subordinate ad alcuna con- cial condition. (Applause.) This,
dizione speciale. (Applausi.) Ciò Gentlemen, would be authorizing one
sarebbe, o signori, dar facoltà ad una or more Italian provinces to impose
o più provincie italiane di imporre la their will upon the provinces consti-
volontà loro alle provincie già innanzi tuted previously and to hinder the
costituite e d'inceppare l'ordinamento future organization of the Nation by
futuro della nazione introducendovi introducing therein a radical defect
un vizio radicale e un germe funesto and a baneful germ of antagonism
d'antagonismo e di discordia. (Segni and discord. (Signs of approval.)
d'approvazione.) Noi non dubitiamo
Noi non dubitiamo We do not hesitate, on the other
d'altra parte di significare che il sis- hand, to intimate that the system of
tema delle annessioni condizionate da conditional annexations rejected by us
noi ripulso è contrario all'indole delle is contrary to the nature of modern
moderne società, le quali, se possono societies, which, while they may be
in certe peculiari congiunture ordi- able under certain peculiar circum-
narsi convenientemente sotto forma stances to organize themselves in a
federativa, non ammettono più il patto federative form,
form, nevertheless
deditizio, vera reliquia del medio evo, longer admit of the capitulatory com-
modo d'unione poco degno di Re e pact, which is a genuine relic of the
di popolo italiano. (Applausi.) middle ages and a mode of union little
worthy of the Italian King and peo-
ple. (Applause.)
no
0
Ci si permetta adunque di ripeterlo. Let us then repeat: The provisional
Quella condizione di cose provvisoria and revolutionary condition of affairs
e rivoluzionaria che poteva avere ra- which might have had a reason for
gione di esistere a Napoli ed in Sicilia existence in Naples and Sicily must
debbe aver termine al più presto pos- terminate as soon as possible. This
SICILY AND NAPLES, 1860
629
sible. Lo richiede l'interesse di quelle is required by the interests of those
provincie per cui lo stato presente è provinces to which the present state
cagione feconda di gravissimi sconci; of affairs is a fruitful source of grave
lo richiede sovratutto l'interesse e injuries; it is required above all by
l'onore della causa nazionale. E the interests and the honor of the na-
come potrebbe, senza notabile scapito tional cause. “And how could King
della dignità della Corona, come po-
Victor Emanuel, without notable
trebbe Re Vittorio Emanuele accon- detriment to the dignity of the
sentire che provincie italiane siano Crown, consent that Italian provinces
lungo tempo governate nel nome di lui should be long governed in his name
quali paesi di conquista, senza che il as conquered countries, without the
popolo adunato nei liberi comizi abbia people, assembled in free assemblies,
espresso e manifestato con solenne having expressed and manifested its
legalità di voto la sua
sua volontà ?
will by means of a solemn and lawful
(Segni d'approvazione.)
vote? (Signs of approval.)
Per queste ragioni io piglio spe- For these reasons I take hope that
ranza che voi farete, o signori, acco- you, Gentlemen, will receive with fa-
glienza favorevole alla proposta di vor the bill which I have the honor
legge che ho l'onore di presentarvi. to lay before you.
Custodi fedeli dello Statuto, del
Faithful custodians of the Consti-
quale a noi più che ad altri incombe la tution, whose most scrupulous en-
esecuzione più scrupolosa, non cre-
forcement devolves upon us more
diamo che la parola d'un cittadino, per than on any others, we do not think
quanto segnalati siano i servigi da lui that the word of a citizen, however
resi alla patria, possa prevalere alla meritorious may have been the serv-
autorità dei grandi poteri dello Stato.
ices that he has rendered to his coun-
(Bene! Bravo!)
try, should prevail over the authority
of the great powers of the State.
(Good! Bravo!)
Però è debito assoluto dei ministri But it is the absolute duty of the
d'un Re costituzionale di non cedere ministers of a constitutional King not
innanzi a pretese poco legittime, anche to yield to unwarranted claims, even
quando sono avvalorate da una splen- when they are backed by a splendid
dida aureola popolare e da una spada popular glory and by a victorious
vittoriosa. (Segni d'assentimento.) sword. (Signs of assent.)
Ma se cedendo a quelle esigenze But if, yielding to these demands,
avremmo mancato al nostro debito, ci we had failed in our duty, we were
correva l'obbligo tuttavia d'interro- nevertheless under obligation to in-
gare il Parlamento, onde sapere terrogate Parliament, in order to
630
DOCUMENTS
s'egli è disposto a sancire la sentenza
profferita contro di noi.
learn whether it is disposed to con-
firm the dictum pronounced against
us.
Questo effetto uscir deve dalla dis- This result should not come within
cussione cui darà motivo la presente the discussion to which the present
proposta di legge.
bill will give rise.
Qualunque esser possa la delibera- Whatever your decision may be,
zione vostra, noi l'accetteremo con we will accept it with tranquil minds.
animo tranquillo. Sicuri della rettitu- Certain of the uprightness of our in-
dine delle nostre intenzioni, noi siamo tentions, we are equally willing to
egualmente disposti a servire la pa- serve our country as ministers or as
tria come ministri o come privati cits citizens, in either case devoting our
tadini, consacrando in qualunque caso strength to the great task of estab-
tutte le nostre forze alla grand'opera fishing Italy under the constitutional
di costituire l'Italia sotto la Monarchia Monarchy of Victor Emanuel.
costituzionale di Vittorio Emanuele. (Prolonged and boisterous applause.)
(Applausi fragorosi e prolungati.)
PROGETTO DI LEGGE 1
BILL
ARTICOLO UNICO. Il Governo del ARTICLE ONE. The King's Gov-
Re è autorizzato ad accettare e sta- ernment is authorized to accept and
bilire per reali decreti l'annessione allo establish by royal decrees the annexa-
Stato di quelle provincie dell'Italia tion to the State of those provinces of
centrale e meridionale, nelle quali si Central and Southern Italy in which
manifesti liberamente, per suffragio the will of the inhabitants to form an
diretto universale, la volontà delle po- integral part of our constitutional
polazioni di far parte integrante della Monarchy shall be freely manifested
nostra Monarchia costituzionale. 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. October 8, 1860 1
----
ALIA
ITALIA E VITTORIO
EMMANUELE
ITALY AND VICTOR
EMANUEL
IL DITTATORE DELL'ITALIA MERI-
THE DICTATOR OF SOUTHERN ITALY
DIONALE
Sulla proposizione del ministro On the recommendation of the
dell'interno, deliberata in Consiglio Minister of the Interior and after de-
dei ministri.
liberation in the Council of Ministers,
DECRETA:
DECREES:
Art. 1. Il popolo delle provincie ARTICLE 1. The people of the con-
continentali dell'Italia meridionale
meridionale tinental provinces of Southern Italy
sarà convocato pel dì 21 del corrente shall be convoked for the 21st of the
mese di ottobre in comizi, per accet- present month of October in assem-
tare o rigettare il seguente plebiscito: blies in order to accept or reject the
following plebiscite:
Il popolo vuole l'Italia una ed in- “The people wishes Italy one and
divisibile, con Vittorio Emmanuele, indivisible under Victor Emanuel,
Re costituzionale, e suoi legittimi di- constitutional King, and his legitimate
scendenti.
descendants.”
Il voto sarà espresso per si o per no,
The vote shall be expressed by yeas
col mezzo di un bollettino stampato. and nays, on printed ballots.
ART. 2. Sono chiamati a dare il ART. 2. All citizens are called
voto tutti i cittadini, che abbiano com- lipon to vote who have reached the
piuti gli anni ventuno, e si trovino nel age of 21 years and are in the full
pieno godimento dei loro diritti civili enjoyment of their civil and political
e politici.
rights.
Sono esclusi dal dare il voto tutti All those are excluded from voting
coloro, i quali sono colpiti da con- who have been sentenced for crimes
danne, sieno criminali, sieno corre- or misdemeanors, charges of fraud,
zionali, per imputazioni di frode, di larceny, bankruptcy, or forgery.
furti, di bancarotta e di falsità.
Sono esclusi parimenti coloro, i All those are likewise excluded who
quali per sentenza sono dichiarati have been
have been declared bankrupt by
falliti.
judicial decree.
ART. 3. Dal sindaco di ciascun Art. 3. The mayor of each com-
1 Le Assemblee, vol. 11, p. 644.
632
DOCUMENTS
comune saranno formate le liste dei mune shall prepare the lists of the
votanti, ai termini dell'articolo prece- voters, in accordance with the fore-
dente, le quali verranno pubblicate ed going article, which lists shall be pub-
affisse nei luoghi soliti pel giorno 17 lished and posted up in the usual
ottobre.
places for the 17th day of October.
I reclami avverso le dette liste sa- Complaints against the said lists
ranno prodotti fra le 24 ore seguenti shall be filed within the following 24
dinanzi al giudice di circondario, che hours before the judge of the district,
deciderà inappellabilmente per tutto who shall decide beyond appeal by the
il dì 19 detto mese.
19th of said month.
ART. 4. I voti saranno dati e rac- ART. 4. The votes shall be cast
colti in ogni capoluogo di circondario, and gathered in each chief town of a
presso una Giunta, composta del giu- district, before a board composed of
dice presidente, e dei sindaci dei co- the judge as president and of the
muni del circondario medesimo. mayors of the communes of the dis-
trict in question.
Si troveranno, nei luoghi destinati At the places designated for the
alla votazione, su di un apposito voting, there shall be placed on a suit-
banco, tre urne, una vuota nel mezzo, able bench three urns, one of them
e due laterali, in una delle quali sa- being empty and placed in the middle
ranno preparati i bullettini col si, e and two on the sides, in one of which
nell'altra quelli del no, perchè ciascun shall be placed the ballots bearing the
votante prenda quello che gli aggrada word yea and in the other those with
e lo deponga nell'urna vuota.
the word nay, in order that each
voter may take the one that suits him
and deposit it in the empty urn.
ART. 5. Compiuta la votazione, la ART. 5. When the
When the voting has
Giunta circondariale, in seduta per- been terminated, the district board,
manente, invierà immediatamente in permanent session, shall, through
l'urna dei voti, chiusa ed assicurata, the judge who is its president, im-
per mezzo del giudice, suo presidente, mediately send the urn containing the
alla Giunta provinciale.
ballots, closed and made secure, ,
to the Provincial Board.
ART. 6. In ogni capoluogo di ART. 6. At every chief town of
provincia vi sarà una Giunta provin- à province there shall be a provincial
ciale composta dal governatore, presi- board composed of the Governor as
dente, dal presidente e procuratore its president, of the President and
generale della Gran Corte criminale, Solicitor General of the Great Crim-
e dal presidente e procuratore regio inal Court, and of the President and
del tribunale civile. Tale Giunta, Royal Solicitor of the Civil Tribunal.
anche in seduta permanente, procederà This board, also in permanent
SICILY AND NAPLES, 1860
633
allo scrutinio dei voti, raccolti nelle session, shall proceed to count the
Giunte circondariali, ed invierà im- votes gathered by the district boards,
mediatamente il lavoro, chiuso e sug- and it shall immediately send the re-
gellato, per mezzo di un agente muni- sult, closed and sealed, through a
pale o di altra persona di sua fiducia, municipal agent or other trustworthy
al presidente della Corte Suprema di person, to
to the
the President of the
giustizia.
Supreme Court of Justice.
Art. 7. Lo scrutinio generale de' Art. 7. The general count of
voti sarà fatto dalla indicata Suprema the votes shall be made by the afore-
Corte. Il presidente di essa annun- mentioned Supreme Court. The
zierà il risultato del detto scrutinio president of the latter shall announce
generale da una tribuna, che verrà the result of the said general count
appositamente collocata nella piazza from a speaker's platform to be lo-
di S. Francesco di Paola.
cated for the purpose on the square
of S. Francesco di Paola.
ART. 8. Per la città di Napoli la ART. 8. In the city of Naples,
votazione si farà presso ciascuna delle the voting shall take place in each
dodici sezioni, nelle quali è divisa la of the twelve sections into which the
capitale.
capital is divided.
La Giunta di ogni sezione sarà com- The board of each section shall be
posta dal giudice di circondario, presi- composed of the district judge as
dente, dall'eletto e da due decurioni, president, of the candidate elect, and
all'uopo delegati dal sindaco.
of two decurioni delegated for the
purpose by the mayor.
Saranno applicate per la città di All the rules shall be applied in
Napoli tutte le regole, stabilite per Naples which have been established
gli altri comuni, in quanto alla forma- for the other communes as regards
zione delle liste ed alla discussione dei the preparation of the lists and the
reclami.
discussion of complaints.
ART. 9. I ministri dell'interno e ART. 9. The Ministers of the In-
della giustizia sono incaricati della terior and Justice are charged with
esecuzione.
the enforcement hereof.
Napoli, 8 ottobre 1860.
Naples, October 8, 1860.
Il Pro-Dittatore
Pro-Dictator
GIORGIO PALLAVICINO.
GIORGIO PALLAVICINO,
Il ministro dell'interno e polizia Minister of the Interior and Police
RAFFAELE CONFORTI.
RAFFAELE CONFORTI.
634
DOCUMENTS
Convocation of the Assembly of the Representatives of the Sicilian People.
October 9, 1860 1
IN NOME DI S. M. VITTORIO
EMMANUELE
IN THE NAME OF H. M. VIC-
TOR EMANUEL
RE D'ITALIA
KING OF ITALY
2
IL PRODITTATORE
THE PRO-DICTATOR
Veduto il decreto del 5 di questo In view of the decree of the 5th
mese, 3 col quale fu disposta la convo- cf this month, whereby the convoca-
cazione dei Collegi elettorali:
tion of the electoral colleges was or-
dered;
Volendo accelerare il fortunato mo- Wishing to hasten the fortunate
mento in cui il popolo siciliano, debi- moment when the Sicilian people,
tamente rappresentato, possa mani- duly represented, may freely mani-
festare liberamente la sua volontà in- fest its will in regard to the annexa-
torno alla annessione di cui trattasi tion to which the said decree relates;
nel citato decreto;
Sulla proposta del segretario di On the recommendation of the
Stato per gli affari esteri e pel com- Secretary of State for Foreign Af-
mercio, quale reggente interinalmente fairs and for Commerce, as tempo-
la Segreteria di Stato dell'interno; rarily in charge of the Department of
the Interior;
Udito il Consiglio dei segretari di And after hearing the Council of
Secretaries of State,
Stato;
DECRETA E PROMULGA :
DECREES AND PROMULGATES:
ART. 1. L'Assemblea de'rappre- ARTICLE 1. The Assembly of the
sentanti del popolo siciliano si riunirà representatives of the Sicilian people
in Palermo nel dì del vegnente novem- shall meet at Palermo on the 9th day
bre.
of next November
ART. 2. Il segretario di Stato Art. 2. The Secretary of the In-
dell'interno è incaricato della esecu- terior is charged with the enforce-
zione del presente decreto.
inent of the present decree.
Ordina che il presente, munito del He orders that the present decree,
suggello dello Stato, sia inserto nella with the seal of State attached, be in-
Raccolta degli Atti del Governo, man- serted in the Collection of the Acts
1 Le Assemblee, vol. 15, p. 1026.
2 Mordini was appointed by Garibaldi as Prodictator on September 17, 1860.- Ibid., p. 1022.
3 Ibid., 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
635
dando a chiunque spetti di osservarlo
e di farlo osservare.
Dato in Palermo il 9 ottobre 1860
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.
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. October 15, 1860 1
IN NOME DI S. M. VITTORIO
EMMANUELE
IN THE NAME OF H. M. VIC-
TOR EMANUEL
RE D'ITALIA
KING OF ITALY
IL PRODITTATORE
THE PRO-DICTATOR
In virtù dei pieni poteri a lui con-
feriti;
Sulla proposta del segretario di
Stato dell'interno;
Udito il Consiglio dei segretari di
Stato;
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,
DECRETA E PROMULGA:
DECREES AND PROMULGATES:
Art. 1. I Comizi elettorali, con- ARTICLE 1. The Electoral Assem-
vocati pel 21 ottobre, in luogo di pro- blies called for October 21, instead of
cedere all'elezione dei deputati, do- proceeding to the election of depu-
vranno votare per plebiscito sulla se- ties, shall vote by plebiscite on the fol-
guente proposizione:
lowing proposition:
“Il popolo siciliano vuole l'Italia “ The Sicilian people wishes Italy
Una e Indivisibile con Vittorio Em- One and Indivisible under Victor
manuele Re costituzionale e i suoi Emanuel, Constitutional King, and
legittimi discendenti."
his legitimate descendants."
ART. 2. Il voto sarà dato per bul- ART. 2. The vote shall be given
lettino stampato o scritto portante la by a printed or written ballot contain-
scritta sì o no. Ogni altro bullettino ing the word yea or nay. Any other
sarà reputato nullo.
ballot shall be deemed null and void.
Art. 3. Lo spoglio dei voti sarà ART. 3. The votes shall be counted
1 Le Assemblee, vol. 15, p. 1027.
*
636
DOCUMENTS
fatto nel modo prescritto dal decreto in the manner prescribed by the de-
del 5 ottobre; e proclamatone il risul- cree of October 5; and when the
tato ne sarà trasmesso verbale all'in- result of the count has been pro-
tendente del circondario e da questo claimed, a record thereof shall be
al governatore della provincia, che lo transmitted to the intendent of the
spedirà immediatamente al presidente district and by the latter to the
della Corte Suprema di giustizia. governor of the province, who shall
forward it immediately to the Presi-
dent of the Supreme Court of Jus-
tice.
Art. 4. La Corte Suprema di ART. 4. The Supreme Court of
giustizia in seduta permanente, rac- Justice in permanent session, after
colti tutti i verbali, procederà allo gathering together all the records,
scrutinio generale. Il risultato finale shall proceed to make a general count.
sarà proclamato dal presidente della The final result shall be proclaimed
Suprema Corte dal balcone del Pa- by the President of the Supreme
lazzo dei Tribunali.
Court from the balcony of the Court
House.
ART. 5. Il segretario di Stato dell' ART. 5. The Secretary of the In-
interno è incaricato della esecuzione terior is charged with the enforce-
del presente decreto.
ment of the present decree.
Ordina che il presente decreto, mu- He orders that the present decree,
nito del suggello dello Stato, sia in- with the seal of State attached, be in
serto nella Raccolta degli Atti del serted in the Collection of the Acts
Governo, mandando a chiunque spetti of the Government, commanding all
di osservarlo e di farlo osservare.. concerned to observe it and cause it
to be observed.
Dato in Palermo, il 15 ottobre 1860. Given at Palermo, October 15,
Il Prodittatore
1860.
MORDINI
Pro-Dictator
Il segretario di Stato dellinterno
MORDINI
ENRICO PARISI
Secretary of the Interior
Il segretario di Stato della gius-
ENRICO PARISI
tizia
Secretary of Justice
SCROFANI
SCROFANI
1
SICILY AND NAPLES, 1860
637
Garibaldi Decrees the Union of the Two Sicilies with the Constitutional King-
dom of Victor Emanuel. October 15, 1860 1
Per adempiere ad un voto indispen- In order to fulfill a wish ardently
sabilmente caro alla Nazione intera; cherished by the whole Nation,
IL DITTATORE
THE DICTATOR
DECRETA:
DECREES:
suo
Le Due Sicilie, che al sangue ita- The Two Sicilies, which owe their
liano devono il loro riscatto e che mi redemption to Italian blood and which
elessero liberamente a Dittatore, fanno freely exalted me to the position of
parte integrante dell'Italia Una ed Dictator, constitute an integral part
Indivisibile — con Re costitu- of Italy, One and Indivisible, under
zionale Vittorio Emmanuele ed i suoi its constitutional King Victor
discendenti.
Emanuel and his descendants.
Io deporrò nelle mani del Re -- al I shall deposit in the hands of the
suo arrivo — la Dittatura conferi- King, upon his arrival, the Dictator-
tami dalla Nazione.
ship conferred upon
me by the
Nation
I Prodittatori sono incaricati della The Pro-dictators are charged with
esecuzione del presente decreto. the enforcement of the present decree.
Sant'Angelo, 15 Ottobre 1860.
Sant' Angelo, October 15, 1860.
G. GARIBALDI.
G. GARIBALDI.
Proclamation of the Pro-Dictator of Sicily Urging a Vote for Union.
October 15, 1860 1
Italiani della Sicilia!
Italians of Sicily:
Io vi dissi giungendo al potere:
When I came into power I told
La vostra Storia vi obbliga ad essere you that your history made it
grandi.
obligatory upon you to be great.
Ora è forza mostrar che lo siete. Now it is necessary to show that
you are so.
Ad affrettare il compimento dei vos- In order to hasten the fulfillment
tri destini, io scelsi, or son pochi di, of your destinies, I chose, a few days
una via che altri popoli d'Italia ave- ago, a path which other peoples of
vano percorsa con plauso d'Europa. Italy had trodden with the applause
E la scelsi perchè aveva l'approva of Europe. I chose it because it had
1 Le Assemblee, vol. 15, p. 1028.
638
DOCUMENTS
zione del Dittatore, perchè guidava ad the approval of the Dictator, because
un patto solenne di conciliazione e di it led to a solemn compact of concilia-
pace, perchè non escludeva la succes- tion and peace, and because it did not
siva applicazione d'un altro principio, preclude the subsequent application of
che m’ebbe sempre appassionato cul- another principle of which I was al-
tore.
ways an impassioned advocate.
Oggi nuovi casi han cangiato le con- To-day new events have changed
dizioni dei giorni passati.
the conditions of past days.
Qui si tratta di fare colla concordia It is now a question of construct-
la Patria.
ing our country on the basis of con-
cord.
Italiani della Sicilia!
Italians of Sicily:
Dal fondo dell'urna, ove il giorno From the urns, in which your
21 si deciderà del vostro avvenire, future will be decided on the 21st, see
fate che sorga questo commovente an- that the following stirring announce-
nunzio ai Popoli della Penisola: In ment to the peoples of the Peninsula
Sicilia più non sono partiti. Sarà emerges: “In Sicily there are no
per GARIBALDI la miglior prova d'af- longer any parties.” This will be the
fetto; sarà il mio conforto nel sepa- best evidence of affection to Gari-
rarmi da Voi.
baldi; it will be my comfort when I
part from you.
Palermo, li 15 ottobre 1860.
Palermo, October 15, 1860.
Il Pro-Dittatore,
Pro-Dictator,
MORDINI.
MORDINI.
Circular to the Governors of the Provinces Regarding the Plebiscite. October
16, 1860 1
SIGNOR GOVERNATORE,
MR. GOVERNOR:
Ella ha ricevuto per mezzo dei tele- You have received by telegraph the
grafi il decreto che convoca il popolo decree which convokes the people for
per accettare o rigettare il seguente the purpose of accepting or rejecting
Plebiscito:
the following plebiscite:
Il popolo vuole l'Italia una ed indi- The people wishes Italy one and
visibile con Vittorio Emmanuele e indivisible under Victor Emanuel and
suoi legittimi discendenti.
his legitimate descendants."
L'importanza di questo grande atto, The importance of this great act,
che deve decidere delle nostre sorti ed which is to decide our fates and in-
1 Le Assemblee, vol. 11, p. 645.
SICILY AND NAPLES, 1860
639
integrare la Nazione, è visibile e mani- tegrate the Nation, is obvious and
festa, ed io crederei offendere il pa- plain, and I should fear to offend
triottismo della Signoria Vostra, se your patriotism if I were to expend
spendessi molte parole a dimostrarlo. many words in demonstrating it.
Ho creduto però mio debito esporle However, I have deemed it my duty
alcune considerazioni in proposito, af- to set forth to you some considera-
finchè sia noto all'universale che il tions on the matter, to the end that
Ministero sente e conosce i slipremi the public at large may know that the
doveri che gli impongono le presenti Ministry feels and realizes the su-
necessità. Ella quindi trasmetterà a preme duties imposed upon it by
tutt'i pubblici funzionari da lei di- present necessities. You will there-
pendenti e diffonderà in tutt'i luoghi fore transmit the present circular to
della sua giurisdizione la presente cir- all the public officials subordinate to
colare.
you and disseminate it throughout all
places under your jurisdiction.
Questa nobilissima parte della Pen- This most noble part of the Penin-
isola, che si dicea Reame di Napoli, sula, which was called the Kingdom
fu sequestrata finora dalla vita na- of Naples, has hitherto been se-
zionale. Un feroce dispotismo, che questrated from the national life. A
non ha riscontro nelle storie, aiutato ferocious despotism, which has no
da forze mercenarie e dalle arti più counterpart in history, aided by mer-
inique e più vili, comprimendo forte- cenary forces and by the most vile
mente il popolo, era un potente osta- and iniquitous arts, forcibly sup-
colo alla restaurazione della Patria pressed the people and was a power-
italiana. Ma un eroe, seguito da ful obstacle to the restoration of the
un pugno di prodi, con una serie di Italian fatherland. But a hero, fol-
prodigi, che hanno sorpreso il mondo, lowed by a handful of brave men,
rompea quel fascio di forze che sos- through a series of prodigious feats
tenea la oscena tirannide, e ci liberava. which surprised the world, broke that
Innanzi e dietro i passi dell'uomo combination of forces which sus-
straordinario le nostre popolazioni in- tained the outrageous tyranny, and
sorsero, e la Monarchia, fuggitiva con
freed us.
Before and behind the
gli ultimi avanzi del suo esercito, ap- steps of the extraordinary man our
pena ebbe tempo di nascondersi nei people rose, and the Monarchy, flee-
propugnacoli di Capua e di Gaeta. ing with the final remains of its army,
hardly had time to hide in the defen-
sive works of Capua and Gaeta.
Infrante le nostre catene, risorto il Our chains being broken, the people
popolo a vita novella, acquista ora il have risen to a new life and are now
dritto di pronunziarsi intorno a'suoi acquiring the right to pass upon their
futuri destini. Bisogna quindi, si- future destinies. It is therefore
640
DOCUMENTS
gnor Governatore, che ella faccia alta- necessary, Mr. Governor, that you
mente sentire che ora appartiene al should proclaim aloud that it is now
popolo di queste provincie continentali for the people of these continental
di accertare per sempre la sua reden- provinces to secure for ever their
zione e quella della intera Italia. La
La redemption and that of all Italy.
sentenza che uscirà dall'urna nel dì 21 The verdict to be pronounced at the
del corrente mese rivelerà alle na- polls on the 21st instant will reveal
zioni, se la terra del Sannio e della to the Nations whether the land of
Magna Grecia, ove si udì per la Samnium and Magna Graecia, where
prima volta il nome santo d'Italia, ed the sacred name of Italy was heard
ove sorse la prima civiltà d'Occidente, for the first time and where the civil-
sia degna di far parte della grande ization of the Occident arose, is
famiglia italiana.
worthy of forming a part of the great
Italian family.
Il Ministero ha la fiducia che le The Ministry is confident that the
genti napolitane, per italianità e fer- Neapolitan people will not prove in-
mezza di proposito, non si mostre- ferior, in Italian character and firm-
ranno minori di quelle della Toscana ness of purpose, to the people of Tus-
e dell'Emilia, e che esse compiranno cany and Emilia, and that they will
l'opera stupenda del patrio risorgi- complete the stupendous work of
mento, fondando con libero voto la national resurrection by founding, ,
grande Monarchia italiana.
through their free vote, the great
Italian Monarchy.
Signor Governátore, ella adotterà
Mr. Governor, you will adopt the
i più efficaci provvedimenti, affinchè most effective measures to the end
sia rispettato il dritto che hanno tutte that the right of all to express their
le opinioni di manifestarsi libera- opinion freely may be respected.
mente. Impedisca qualunque violenza Prevent any violence which may,
che, sotto qualsiasi pretesto, possa tur- under any pretext, perturb the con-
bare la coscienza de'cittadini, nè per- science of the citizens, and do not
metta che con minaccie ipocrite o fa- permit the solemn act to be marred
ziose sia alterato l'atto solenne.
by hypocritical or factious threats.
Il Re magnanimo è alle nostre porte. The magnanimous King is at our
Invitato dal Dittatore, egli non viene doors. Being invited by the Dic-
sospinto da ambizione di nuovi do- tator, he does not come spurred on by
mini, ma dall'ambizione nobilissima di ambition for new dominions, but by
rendere l'Italia agl’Italiani.
the most noble ambition to restore
Italy to the Italians.
Egli viene a capo del possente eser- He comes at the head of the power-
cito, che in pochi giorni liberava dalle ful army which in a few days liber-
SICILY AND NAPLES, 1860
641
orde mercenarie due altre nobili prov- ated two other noble provinces from
incie.
the mercenary hordes.
La più bella accoglienza, che noi The most handsome reception that
possiam fargli, si è quella di procla- we can give him will be to proclaim
marlo con libero ed unanime suffragio him King of Italy by our free and
Re d'Italia. Così il popolo di questa unanimous suffrage. Thus the people
meridional parte della Penisola avrà of this southern part of the Peninsula
la gloria di suggellare il patto d'amore, will have the glory of sealing the
che già stringe con nodo indissolubile compact of love which already binds
Italia e Vittorio Emmanuele.
Italy to Victor Emanuel with an in-
dissoluble knot.
GIORGIO PALLAVICINO - RAFFAELE GIORGIO PALLAVICINO, RAFFAELE
CONFORTI
LUIGI GIURA PAS- CONFORTI, LUIGI GIURA, PASQUALE
QUALE SCURA — AMILCARE ANGUIS- SCURA, AMILCARE ANGUISSOLA, GIA-
GIACOMA COPPOLA.
COMA COPPOLA,
SOLA
Formal Minute of the Result of the Plebiscite of the Neapolitan Provinces as
Proclaimed by the Supreme Court. November 3, 18601
L'anno 1860, il giorno 3 Novembre, At 9 o'clock A. M. of the 3d day
alle ore 9 antim., in Napoli;
of November, 1860, at Naples;
La Corte Suprema di Giustizia, The Supreme Court of Justice,
composta dei Signori: Presidente, composed of the President, NIUTTA;
NIUTTA; Vice Presidente, SPACCAPIE- the Vice-President, SPACCAPIETRA;
TRA; Consiglieri, ABBATEMARCO, Counselors ABBATEMARCO, SICA,
SICA, CASTRIOTA, NICOLINI, Cav. CASTRIOTA, NICOLINI, Cav. ZAMPAG-
ZAMPAGLIONE, Cav. DALIA, Cav, LIONE, Cav. DALIA, Cav. Rossi, Cav.
Rossi, Cav. DE STASI, Cav. MORELLI, DE STASI, Cav. MORELLI, D'ALENA,
D'ALENA, Cav. GRIMALDI, COLOSIMO, Cav. GRIMALDI, COLOSIMO, LANZILLI,
LANZILLI, PIRONTI, Procurator Gen- PIRONTI, Solicitor-General VACCA,
erale VACCA, Avvocati Generali Cav. Attorneys-General Cav. GIGLI and
GIGLI e Cav. CARACCIOLO e dal Giu- CAv. CARACCIOLO and SACCOMANDI,
dice di Gran Corte Civile Cancelliere Judge of the High Court of Chancery,
SACCOMANDI; si è riunita in Sessione met in general session in the Palace
generale nel Palazzo di Maddaloni, of Maddaloni, the usual place of its
solito luogo delle sue udienze.
sessions.
Il Presidente, Signor NIUTTA, ha The President, Sig. NIUTTA, stated
nianifestato al Supremo Collegio che to the Supreme College that the
1 Le Asseinblee, vol. 11, p. 650.
642
DOCUMENTS
l'oggetto della Sessione sia quello di object of the session was to proceed,
procedere, ai termini dell’Art. 7 del in accordance with Art. 7 of the
Decreto Dittatoriale 8 Ottobre 1860, Dictatorial Decree of October 8,
allo scrutinio generale dei voti rac- 1860, to make a general count of the
colti nei Comizi, in tutte le Provincie votes gathered at the assemblies, in
continentali dell'Italia Meridionale, all the continental provinces of
sul seguente Plebiscito:
Southern Italy, on
Italy, on the following
plebiscite:
Il Popolo vuole l'Italia una ed in- “The people wishes Italy one and
divisibile, con VITTORIO EMANUELE indivisible under Victor Emanuel,
Re Costituzionale e suoi legittimi Dis- Constitutional King, and his legiti-
cendenti."
mate descendants."
A quale effetto ha egli presentato For which purpose he presented to
al Collegio medesimo i Processi Ver- the College the records of the counts
bali dei lavori di scrutinio rispettiva- made by the various Provincial
mente eseguiti dalle Giunte Provin- Boards, and the dispatches and docu-
ciali, e gli uffizi e documenti correla- ments relating thereto which were
tivi a lui pervenuti in esecuzione dell'- sent to him in compliance with Art.
Art. 6 del Decreto anzidetto.
6 of the aforementioned decree.
La Corte Suprema si è quindi im- The Supreme Court, therefore, at
mediatamente occupata di tale impor- once took up this important work and,
tante obietto, e dopo diligente e ac- after a diligent and careful examina-
curato esame degli Atti ha osservato; tion of the documents, observed :
Che le operazioni delle Giunte That the operations of the Provin-
Provinciali siano state eseguite in cial Boards had been performed in an
piena regola ed ai termini della Legge; absolutely regular manner and in ac-
cordance with the law;
Che il numero dei votanti in tutte That the number of voters in all the
le Provincie continentali ascenda a continental provinces amounts to
1,312,376, e che abbiano votato 1,302,- 1,312,376, and that 1,302,064 had
064 affermativamente, e negativa- voted affirmatively and only 10,312
mente soli 10,312, siccome emerge da negatively, as is shown from separate
uno stato distinto per ciascuna Prov- statements for each Province, signed
incia, e sottoscritto dai componenti di by the members of this Supreme
questa Corte Suprema e che rimane Court and appended to the present
alligato al presente Processo Verbale record in order to form an integral
per formarne parte integrante;
part thereof;
Che perciò il risultato generale That, consequently, the general re-
della votazione offra voti affermativi sult of the voting shows that there
1,302,064, contro voti 10,312 nega- were 1,302,064 affirmative as against
tivi.
10,312 negative votes.
SICILY AND NAPLES, 1860
643
Quindi la Corte Suprema di Gius-
tizia dichiara:
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.
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.
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.
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.
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.
Arrivata la Corte Suprema all'in- The Supreme Court having arrived
dicata piazza e preso posto nell'enun- at the said piazza and having taken its
ciata tribuna, il Presidente Signor position on the platform mentioned,
VINCENZO NIUTTA ha annunziato all' the President, Sig. VINCENZO NI-
immenso Popolo quivi radunato il ri- UTTA, announced to the immense
sultato dello scrutinio generale fatto crowd of people there gathered, the
dalla Corte Suprema di Giustizia e result of the general count made by
proclamato il Plebiscito nei termini the Supreme Court of Justice, and
medesimi di sopra espressi.
proclaimed the plebiscite in the same
terms as expressed above.
Di tutto ciò è stato redatto il pre- Of all of which the present record
sente Verbale in tre originali, dei quali was drawn up in triplicate, one copy
uno sarà trasmesso al Ministro di to be transmitted to the Minister of
Giustizia e Grazia ed un altro al Min- Justice and Grace and another to the
istro dell'Interno, ed il terzo rimarrà Minister of the Interior, while the
644
DOCUMENTS
OTA
depositato nell'Archivio della Corte third shall remain on file in the
Suprema di Giustizia, unitamente ai archives of the Supreme Court of
Processi Verbali delle Giunte di Prov- Justice, together with the Formal
incia ed agli uffizi e documenti soprac- Minutes of the Provincial Boards and
cennati, il cui Elenco sottoscritto dal the above-mentioned dispatches and
Presidente e dal Cancelliere verrà documents, a list of which, signed by
pure alligato al terzo originale anzi- the President and Chancelor, shall
detto.
also be appended to the third original
copy aforementioned.
VINCENZO NIUTTA NICOLA VINCENZO NIUTTA, NICOLA SPAC-
SPACCAPIETRA FEDERICO CASTRI- CAPIETRA, FEDERICO CASTRIOTA, Do-
DOMENCIO DALIA — GIO-
MENICO DALIA, GIOVANNI DE STASI,
VANNI DE STASI MICHELE ZAM-
MICHELE
ZAMPAGLIONE, LUIGI
PAGLIONE — LUIGI D'ALENA — NI- D'ALENA, NICOLO GIGLI, GIO. BAT-
COLO GIGLI
Gio. BATTISTA NICO- TISTA NICOLINI, BENIAMINO CARAC-
BENIAMINO CARACCIOLO CIOLO, CALLISTO Rossi, GAETANO
CALLISTO Rossi – GAETANO GRI- GRIMALDI, GREGORIO MORELLI, Do-
GREGORIO MORELLI Do- MENICO COLOSIMO, MICHELE PI-
MENICO COLOSIMO MICHELE PI-
RONTI, GIAMBATTISTA SICA, DOMEN-
RONTI GIAMBATTISTA SICA Do-
ABBATEMARCO, ANTON MARIA
MENICO ABBATEMARCO - ANTON- LANZILLI, GIUSEPPE VACCA, RAF-
MARIA LANZILLI — GIUSEPPE VACCA FAELE SACCOMANDI, Chancelor.
- RAFFAELE SACCOMANDI, Cancel-
liere.
LINI
MALDI
ICO
Formal Minute of the Result of the Plebiscite in Sicily as Announced by the
Supreme Court of Justice of Palerno. November 4, 1860 1
L'anno 1860 il giorno 4 novembre On the 4th day of November of
in Palermo;
the year 1860 at Palermo,
Alle ore 8 antimeridiane;
At 8 o'clock A. M.,
La Corte Suprema di giustizia, com- The Supreme Court of Justice,
posta dei signori:
composed of:
Pasquale Calvi, presidente;
Messrs. Pasquale Calvi, President;
Pietro Cirino, Vincenzo Errante, Pietro Cirino, Vincenzo Errante,
Salvatore Schiavo, Antonino Gia- Salvatore Schiavo, Antonio Giaconia,
conia, Giuseppe Pulese, Giuseppe Giuseppe Pulese, Guiseppe Vinci
1 Le Assemblee, vol. 15, p. 1029.
SICILY AND NAPLES, 1860
645
Vinci Orlando, Vincenzo Cacioppo, Orlando, and Vincenzo Cacioppo,
consiglieri;
counselors;
Antonino. Ferro, giudice di Gran Antonio Ferro, Judge of the High
Corte civile, col grado ed onori di vice- Civil Court, with the rank and honors
presidente della stessa, destinato a ser- of Vice-President thereof, designated
vire in questa Corte Suprema, coll' to serve in this Supreme Court, with
intervento del signor Francesco Cal- the cooperation of Sig. Francesco
cagno, avvocato generale, assistito dal Calcagno, Attorney General, assisted
signor Cirino Caruso, vice-cancelliere; by Sig. Cirino Caruso, Vice-Chan-
celor;
Si è riunita nel palazzo dei Tri- Convened in the Court House, in
bunali nell'aula delle sue ordinarie its ordinary hall of sessions, in pur-
sedute in esecuzione dell'articolo 4 del suance of article 4 of the decree of
decreto del Prodittatore del 15 ottobre the Pro-dictator of October 15 last,
ultimo per esaminare in seduta per- in order to examine in permanent
manente i verbali tutti dei comuni di session the records of all the com-
Sicilia contenenti il numero dei voti munes of Sicily containing the
pronunziati per plebiscito dalle popo- number of votes cast by plebiscite
lazioni dell'Isola, per Si, o No, sulla by the people of the Island, in the
proposizione scritta dall'articolo primo form of Yeas or Nays, on the propo-
nell'indicato decreto così concepita:
sition set forth in article 1 of the said
decree and worded as follows:
Il Popolo Siciliano vuole l'Italia “ The Sicilian people wishes Italy
una ed indivisibile con Vittorio Eman- One and Indivisible under Victor
uele Re costituzionale, ed i suoi legit- Emanuel, Constitutional King, and
timi discendenti.”
his legitimate descendants.”
Raccolti tutti i verbali, e fattone il Having gathered together all the
dovuto scrutinio, si sono ottenuti i ri- minutes and having duly examined
sultamenti che seguono:
them, the following results were
found:
(Sono riportati i votanti ed i voti (The voters and the votes are re-
pel Sì e pel No per ciascun comune ported by Yeas and Nays for each
della Sicilia.)
commune of Sicily.)
Totale votanti ....432,720 Total number voting . 432,720
pel Sì 432053 pel No 667 Yeas. 432,053. Nays 667
Non si è tenuto conto dei voti nulli, No account was taken of the votes
come pure non si è tenuta ragione dei which were null and void, and neither
due verbali di Ustica e Mandanici, per were the two minutes for Ustica and
avere quelle popolazioni votato il Si Mandanici taken into consideration,
646
DOCUMENTS
4
pel No.
per acclamazione, senza distinzione di because the people of those places
età e di sesso. Non si è del pari fatto voted Yea by acclamation, without
conto del verbale del comune di Ali distinction of age or sex.
The record
per non offrire le indicazioni del nu- of the commune of Ali was likewise
mero dei votanti, tanto pel Si, quanto disregarded because it afforded no in-
dication of the number of voters vot-
ing either Yea or Nay.
Si sono giudicati difettosi e però es- • The following were deemed defec-
clusi :
tive and accordingly excluded:
Primo, il verbale degli uffiziali am- Firstly, the record of the adminis-
ministrativi dell’Intendenza militare trative officers of the Military Intend-
di Messina per aver votato col Sì i ancy of Messina because the nineteen
diciannove individui sottoscritti sulla
persons signing had voted Yea on the
seguente proposizione:
following proposition:
Per l'annessione al Regno Italico For annexation to the Italian King-
rappresentato dal Re costituzionale.
dom represented by the Constitutional
King.
Secondo, quello del battaglione dei Secondly, that of the battalion of
Cacciatori dell'Etna, per aver votato Chasseurs of Etna, because the two
numero duecentotrentasei individui hundred and thirty-six persons voted
pel Sì sulla seguente formola :
Yea on the following proposition :
Per l'annessione al Regno costitu- For annexation to the constitutional
zionale di Vittorio Emanuele II e suoi Kingdom of Victor Emanuel II and
legittimi discendenti.
his legitimate descendants.
Terzo, del battaglione Siculo Co- Thirdly, that of the Siculo Colina
lina, per avere i duecento individui che battalion because the two hundred
votarono pel Sì, seguita questa for- persons who voted Yea used the fol-
mola :
lowing wording :
Per l'annessione al Governo costitu- For annexation to the constitutional
sionale di Vittorio Emanuele II. Government of Victor Emanuel II.
Formole tutte tre non conformi alla None of these three forms of word-
proposizione scritta all'articolo 1 del ing is in conformity with the proposi-
decreto Prodittatoriale del 15 ottobre tion as embodied in article 1 of the
ultimo.
decree of the Pro-Dictator of October
15.
Finalmente non ha potuto ammet- Finally, it was impossible to admit
tersi un atto notarile qui pervenuto da a notarial act received here from
Torino esibito alla Corte Suprema di Turin and exhibited to the Supreme
giustizia, che mostra essersi presen- Court of Justice, showing that nine-
tati in Torino a notar Giovanni Sig- teen Sicilians went before notary
norelli numero diciannove individui Giovanni Signorelli at Turin and
SICILY AND NAPLES, 1860
647
siciliani, i quali chiesero atto della asked that a record be made of their
loro spontanea votazione, rispettiva- spontaneous votes, respectively ex-
mente espressa col Si nella seguente pressed by Yea on the following
proposizione:
proposition :
Sulla quistione dell'annessione im- On the question of the immediate
mediata di quella parte di Italia al annexation of that part of Italy to the
Regno costituzionale di Vittorio constitutional Kingdom of Victor
Emanuele e suoi discendenti;
Emanuel and his descendants.
Che ognun vede quanto sia diversa Any one can see how much the
da quella indicata nel cennato decreto. foregoing differs from the form in-.
dicated in the aforementioned decree.
Compite tutte le operazioni, il si- After counting all the returns, the
gnor Presidente accompagnato dai President, in company with two
componenti la Corte Suprema si è members of the Supreme Court, went
fatto al balcone di centro del Palazzo to the central balcony of the Court
dei Tribunali, ed ha proclamato i ri- House and proclaimed the results of
sultati del Plebiscito Siciliano, colle the Sicilian plebiscite in the follow-
seguenti parole:
ing words:
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 Sì sono stati quattro-
cento trentadue mila e cinquantatre.
I voti pel No sono stati seicento ses-
santasette.
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:
were: Yeas, four
hundred and thirty-two thousand
and fifty-three; Nays, six hundred
and seventy-seven.
Del tutto si è formato il presente Of all of which the present record
processo verbale in triplo originale was prepared in triplicate by the
dalla Corte Suprema in Corpo, due al Supreme Court in a body, two copies
Prodittatore, e conservarsi il terzo being for the Pro-Dictator and the
nell'archivio di questa Corte Suprema third being kept in the archives of this
di giustizia, insieme a tutti verbali Supreme Court of Justice, together
originali di sopra indicati.
with all the original records indicated
above.
Chiuso nel giorno suddetto alle ore Closed on the aforementioned date
due pomeridiane.
at 2 o'clock P. M.
Pasquale Calvi, presidente.
Pasquale Calvi, President.
Francesco Calcagno, avvocato gen- Francesco Calcagno, Attorney-Gen-
erale; Pietro Cirino, Vincenzo Er- eral; Pietro Cirino, Vincenzo Errante,
rante, Salvatore Schiavo, Antonio Salvatore Schiavo, Antonio Giaconia,
648
DOCUMENTS
Giaconia, Giuseppe Pulese, Giuseppe Giuseppe Pulese, Giuseppe Vinci Orl-
Vinci Orlando, Vincenzo Cacioppo, ando, Vincenzo Cacioppo, Antonio
Antonino Ferro, Cirino Caruso, vice- Ferro, Cirino Caruso, Vice-Chancelor.
cancelliere.
Il consigliere di Luogotenenza pel Counselor of Lieutenancy of the
Dicastero di grazia e giustizia, Department of Grace and Jus-
tice,
FILIPPO ORLANDO.
FILIPPO ORLANDO.
Presentation of the Plebiscite of Naples to Victor Emanuel. November 7,
1860 1
Alle ore undici, questa mane, la At 11 o'clock this morning His
Maestà del Re Vittorio Emanuele, Majesty King Victor Emanuel, in the
nella gran sala del Trono, circondato great Hall of the Throne, surrounded
dai grandi dignitari della Corona, dal by the great dignitaries of the Crown,
suo stato maggiore, e con S. E. il cav. by his general staff, and by H. E. Cav.
Carlo Luigi Farini, suo ministro di Carlo Luigi Farini, his Minister of
Stato, ha ricevuto il Dittatore generale State, received the Dictator General
Garibaldi e l'attual Ministero di Stato. Garibaldi and the Minister of State in
Il Dittatore si è avanzato verso il real Office. The Dictator advanced to-
Trono, ed il ministro dell'interno e ward the royal throne and the
polizia signor Raffaele Conforli ha Minister of the Interior and Police,
pronunziato queste parole:
Sig. Raffaele Conforti, spoke the fol-
lowing words:
SIRE!
SIRE:
Il popolo napolitano, raccolto nei The Neapolitan people, gathered
comizi, ad immensa maggioranza vi in assemblies, have by an immense
ha proclamato suo Re. Nove milioni majority proclaimed you their King.
d'Italiani si uniscono alle altre pro- Nine million Italians unite with the
vincie rette dalla Maestà Vostra con other provinces ruled by Your Maj-
tanta sapienza, e verificano la vostra esty with so much wisdom, and verify
solenne promessa, che l'Italia dev'
your solemn promise that Italy is to
essere degl'Italiani."
belong to the Italians.”
Al che la Maestà Sua si è degnata To which His Majesty deigned to
rispondere con brevi parole, calde di reply in brief words, warm with noble
nobili e generosi senși italiani. Dopo and generous Italian meaning. After
1 Le Assemblee, vol. 11, p. 655.
SICILY AND NAPLES, 1860
649
was
di ciò è stato rogato e sottoscritto nelle this the solemn act of union
debite forme l'atto solenne di unione. drawn up and signed.
Erano presenti a questa solennità, This solemnity was attended by the
oltre al Dittatore ed ai ministri coi Dictator and the Ministers together
direttori del Ministero, il sindaco coi with the Chiefs of Division of the
rappresentanti del Municipio di Na- Ministry, besides the representatives
poli, i grandi uffiziali della Corona, il of the Municipality of Naples, the
tenente generale comandante della high officers of the Crown, the
Guardia nazionale col generale co- Lieutenant General in command of the
mandante di quella della provincie di National Guard together with the
Napoli e coi loro stati maggiori, il General in Command of the National
Consiglio di Stato, la Corte Suprema Guard of the Province of Naples and
di giustizia, i capi della Gran Corte their general staffs, the Council of
de'conti, della Gran Corte civile e State, the Supreme Court of Justice,
della Gran Corte criminale, il vice- the heads of the High Court of Ac-
presidente del Consiglio generale di counts, of the High Civil Court, and
pubblica istruzione, ecc.
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. November 7, 1860 1
Il suffragio universale mi dà la The dictum of universal suffrage
sovrana potestà di queste nobili prov- confers upon me the sovereign power
incie.
over these noble provinces.
Accetto quest'altro decreto della vo- I accept this further decree of the
lontà cazionale, non per ambizione di national will, not out of ambition to
regno, ma per coscienza d'italiano. rule, but on my conscience as an
Italian.
Crescono i miei, crescono i doveri My own duties and those of all
di tutti gli Italiani. Sono più che mai Italians are growing. It is more than
necessarie la sincera concordia e la ever necessary that sincere concord
costante abnegazione. Tutti i partiti and constant self-denial should pre-
debbono inchinarsi dinnanzi alla vail. All parties must bow to the
Maestà dell'Italia che Dio solleva. majesty of Italy, which God is lift-
ing up
.
A
1 Le Assemblee, vol. ii, p. 655.
650
DOCUMENTS
All'Europa dobbiamo addimostrare We must demonstrate to Europe
che, se l'irresistibile forza degli eventi that if the irresistible force of events
superò le convenzioni fondate nelle overcame the conventions established
secolari sventure d'Italia, noi sap-
d'Italia, noi sap- during the centuries of misfortunes
piamo ristorare, nella nazione unita, of Italy, we know how to restore, in
l'impero di quegli imnutabili dommi the united Nation, the prevalence of
senza de'quali ogni società è inferma, those immutable dogmas without
ogni autorità combattuta ed incerta. which any society is weak and any
authority disputed and uncertain.
Napoli, 7 novembre 1860.
Naples, November 7, 1860.
VITTORIO EMMANUELE.
VICTOR EMANUEL.
Proclamation of Victor Emanuel to the People of Sicily on Entering Palermo.
December 1, 1860 1
POPOLI DELLA SICILIA !
Coll'animo profondamente com-
mosso io metto il piede in 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.
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.
Palermo, 1° dicembre 1860.
VITTORIO EMMANUELE.
G. B. CASSINIS.
VICTOR EMANUEL.
G. B. CASSINIS.
1 Le Assemblee, vol. 15, p. 1032.
SICILY AND NAPLES, 1860
651
Formal Minute of the Acceptance of the Sicilian Plebiscite by King Victor
Emanuel. December 2, 1860 1
!
L'anno mille ottocento sessanta, il At 11 o'clock A. M. on the 2d day
dì due dicembre alle ore 11 A. M. in of December of the year 1860, at
Palermo nel Real Palazzo e nella sala Palermo, in the Royal Palace and in
del Tesoro, alla presenza di S. M. il the Treasury hall, in the presence of
Re Vittorio Emanuele II, assistendo H. M. King Victor Emanuel II, the
al presente atto il ministro di grazia e present act being witnessed by Sig.
giustizia e degli affari ecclesiastici, Giovan Battista Cassinis, Minister of
cav. Giovan Battista Cassinis, S. E. il Grace and Justice and Ecclesiastical
ministro della guerra, generale d'ar- Affairs; His Excellency Naval Gen-
mata Manfredo Fanti, gli aiutanti di eral Manfredo Fanti, Minister of
campo, gli officiali di ordinanza e le War; the aides-de-camp, the orderly
altre persone della Casa e del seguito officers, and the other members of the
di S. M., l'arcivescovo di Palermo, il Household and suite of His Majesty;
giudice della Monarchia, la Magistra- the Archbishop of Palermo, the Judge
tura ed il Municipio di Palermo ed of the Monarchy, the Magistracy and
altri funzionari civili e militari, è in- the Municipality of Palermo, and
trodotto il signor Antonio Mordini, other civil and military officials, there
deputato al Parlamento Nazionale, was introduced Sig. Antonio Mordini,
Prodittatore per il generale Garibaldi deputy to the National Parliament,
in Sicilia, il quale a nome del detto Pro-Dictator for General Garibaldi in
Generale presenta alla M. S. il risulta- Sicily, who, on behalf of the said
mento del Plebiscito, con cui il popolo General, presented to His Majesty the
dell'Isola di Sicilia, convocato in result of the plebiscite, whereby the
comizi il di 21 ottobre per suffragio people of the Island of Sicily, called
universale diretto, ha dichiarato con together in popular assemblies on
voti affermativi quattrocentotrenta-
October 21 for the purpose of exer-
duemila e cinquantatre, contro voti cising the right of direct universal
negativi seicentosessantasette di suffrage, declared, with 432,053 af-
firmative as against 677 negative
votes, that they
Volere l'Italia una ed indivisibile Wished Italy one and indivisible
con Vittorio Emanuele suo Re Costi- under Victor Emanuel, its Constitu-
tuzionale e coi suoi legittimi discen- tional King, and under his legitimate
denti:
descendants.
Sua Maestà il Re, nell'accettare per His Majesty the King, in accepting
sè e pei suoi legittimi discendenti il for himself and for his legitimate de-
1 Le Assemblee, vol. 15, p. 1030.
652
DOCUMENTS
risultamento del plebiscito, esprime scendants the result of the plebiscite,
quanto gli sia grato che l'Isola di Si- expressed his gratification that the
cilia, celebre per patrie tradizioni, già Island of Sicily, celebrated for its
avvinta alla sua casa per antiche e patriotic traditions and already bound
recenti memorie, ora si unisca alla to his Household by ancient and re-
libera famiglia italiana e concorra così cent memories, now joined the free
alla grande opera dell'unificazione Italian family and thus contributed to
della indipendenza nazionale.
the great work of the unification of
the national independence.
Di tutto ciò il ministro di grazia e Of all of which the Minister of
giustizia d'ordine del Re ha rogato il Grace and Justice, by order of the
presente processo verbale, sottoscritto King, drew up the present formal
da Sua Maestà, dal Prodittatore di minute, signed by His Majesty, by the
Sicilia, dai segretari della Proditta- Pro-Dictator of Sicily, by the secre-
tura, dall'Arcivescovo di Palermo, da taries of the Pro-Dictator, by the
Monsignor giudice della Monarchia, Archbishop of Palermo, by the Hon-
dal Presidente della Cassazione e Su- orable Judge of the Monarchy, by the
prema Corte di giustizia, dal Presi- President of the Court of Cassation
dente della Gran Corte dei conti, dal and the Supreme Court of Justice, by
Presidente della Gran Corte civile, the President of the High Court of
dal Presidente e dal Procuratore Accounts, by the President of the
Generale della Gran Corte criminale, High Civil Court, by the President
dal Presidente e Procuratore generale and the Solicitor General of the High
del Tribunale civile, dal Pretore, dal Criminal Court, by the President and
Governatore della Provincia, dall' the Solicitor General of the Civil
Ispettore generale e comandante della Tribunal, by the Praetor, by the Gov-
Guardia nazionale, controsegnato dal ernor-General of the Province, and
ministro della guerra e dal ministro by the Inspector-General and Com-
di grazia e giustizia, e munito del gran
mander of the National Guard, being
sigillo dello Stato.
countersigned by the Minister of War
and by the Minister of Grace and
Justice, with the great seal of the
State affixed.
L'originale del presente processo The original of the present rec-
verbale sarà depositato e conservato ord shall be deposited and preserved
nell'Archivio generale del Regno. in the general archives of the King-
dom
VITTORIO EMANUELE.
VICTOR EMANUEL.
ANTONIO MORDINI
ANTONIO MORDINI.
ENRICO PARISI
ENRICO PARISI.
NICOLÒ FABRIZI
NICOLÒ FABRIZI.
SICILY AND NAPLES, 1860
653
GREGORIO UGDULENA
GREGORIO UGDULENA,
DOMENICO PIRAINO
DOMENICO PIRAINO.
DOMENICO PERANNI
DOMENICO PERANNI.
GIORGIO TAMAJO
GIORGIO TAMAJO.
GIOVAN BATTISTA FAUCHÉ
GIOVAN BATTISTA FAUCHÉ.
PAOLO ORLANDO
PAOLO ORLANDO.
PIETRO SCROFANI
PIETRO SCROFANI.
GIOVAN BATTISTA NASELLI, arcives- GIOVAN BATTISTA NASELLI, Arch-
covo di Palermo
bishop of Palermo.
PIETRO CALI, presidente della Gran PIETRO CALI, President of the High
Corte civile
Civil Court.
DOMENICO ARISTA, presidente della DOMENICO ARISTA, President of the
Gran Corte criminale
High Criminal Court.
GAETANO MELLI, procuratore gene- GAETANO MELLI, Solicitor General of
rale della Gran Corte criminale
the High Criminal Court.
ANTONIO GARAJO, giudice di Corte ANTONIO GARAJO, Judge of the
criminale funzionante da presidente Criminal Court acting as President
del Tribunale civile
of the Civil Tribunal.
FRANCESCO NOBILE, Regio procura- FRANCESCO NOBILE, Royal Solicitor
tore presso il Tribunale civile
before the Civil Tribunal.
CANONICO CIRINO RINALDI, giudice CANONICO GIRINO RINELDI, Judge of
della Monarchia ed Apostolica the Monarchy and Apostolic Le-
Legazia
gate.
PASQUALE CALVI, presidente della PASQUALE CALVI, President of the
Suprema Corte di giustizia
Supreme Court of Justice.
PIETRO SCROFANI, presidente della PIETRO SCROFANI, President of the
Gran Corte dei conti.
High Court of Accounts.
GIULIO BENSO, duca di Verdura, Pre- GIULIO BENSO, Duke of Verdura,
tore di Palermo
Praetor of Palermo.
DUCA DI CESARÒ, governatore della DUKE OF CESARÒ, Governor of the
provincia di Palermo
Province of Palermo.
AMATO PAULET, ispettore generale AMATO PAULET, Inspector General.
NICOLÒ TURRISI-COLONNA, coman- NICOLÒ TURRISI-COLONNA, Com-
dante della Guardia nazionale.
mander of the National Guard.
Il ministro della guerra, MANFREDO Minister of War, MANFREDO FANTI.
FANTI.
Il ministro di grazia e giustizia e Minister of Grace and Justice and of
degli affari ecclesiastici
Ecclesiastical Affairs
G. B. CASSINIS.
G. B. CASSINIS.
654
DOCUMENTS
Royal Decree of Annexation of the Neapolitan Provinces to the Kingdom of
Italy. December 17, 1860 1
VITTORIO EMANUELE II, ECC.
VICTOR EMANUEL II, ETC.,
Visto il Plebiscito sottoposto al In view of the plebiscite submitted
suffragio universale e diretto del to the universal and direct suffrage
Popolo delle Provincie Napoletane of the people of the Neapolitan prov-
convocato in Comizi il 21 scorso Otto- inces convoked in assemblies on the
bre;
21st of October last;
Visto il Processo Verbale di presen-
In view of the record of presenta-
tazione e di accettazione di tale Ple- tion and acceptance of said plebiscite,
biscito, seguito in Napoli il giorno 8 occurring at Naples on November 8
scorso Novembre;
last;
Vista la Legge del 3 corrente inese In view of the law of the 3d in-
con cui il Governo del Re è auto- stant, authorizing the King's Gov-
rizato ad accettare e stabilire per De- ernment to accept and establish by
creti Reali l'annessione allo Stato di royal decrees the annexation to the
quelle Provincie dell'Italia Centrale e State of those provinces of Central
Meridionale, nelle quali si manifesti and Southern Italy in which the de-
liberamente per suffragio diretto uni- sire is freely manifested by direct uni-
versale la volontà di far parte inte- versal suffrage to constitute an in-
grante della Nostra Monarchia Costi- tegral part of our Constitutional
tuzionale;
Monarchy;
Udito il Consiglio dei Ministri; And after hearing the Council of
Ministers,
Abbiamo decretato e decretiamo: Have decreed and do decree :
ART. 1. Le Provincie Napoletane
ARTICLE 1. The Neapolitan prov-
faranno parte integrante dello Stato inces shall form an integral part of
Italiano dalla data del presente De- the Italian State from the date of the
creto.
present decree.
Art. 2. L'articolo 82 dello Sta- Art. 2. Article 82 of the Consti-
tuto, concui è stabilito che fino alla tution, prescribing that until the first
prima riunione delle due Camere il meeting of the two Chambers the
Governo provvederà al pubblico ser- Government shall provide for the
vizio con Sovrane disposizioni, sarà public service by means of sovereign
applicabile alle Provincie suddette sino measures, shall be applicable to the
alla riunione del Parlamento Na- aforementioned provinces until the
zionale, fermi, rimanendo i poteri meeting of the National Parliament,
prima d'ora da Noi conferiti al Nos- the powers hitherto conferred by us
1 Le Assemblee, vol. 11, p. 659.
UMBRIA AND THE MARCHES, 1860
655
Iro Luogotenente Generale delle Pro-
upon our Lieutenant General of the
vincie Napoletane.
Neapolitan provinces remaining in-
tact.
Ordiniamo che il presente Decreto, We order that the present decree,
munito del Sigillo dello Stato, sia in- with the seal of State affixed, be in-
serto nella Raccolta degli Atti del serted in the Collection of Acts of the
Governo e pubblicato nelle Provincie Government and published in the
suddette, mandando a chiunque spetti aforementioned provinces, command-
di osservarlo e di farlo osservare. ing all concerned to observe it and
cause it to be observed.
Dato a Napoli, addì 17 dicembre Given at Naples, December 17,
1860.
1860.
VITTORIO EMANUELE.
VICTOR EMANUEL.
G. B. CASSINIS M. FANTI C. G. B. CASSINIS M. FANTI C.
CAVOUR – M. MINGHETTI — F. S. CAVOUR M. MINGHETTI F. S.
VEGEZZI — S. JACINI — T. MAMI- VEGEZZI
S. JACINI
T. MAMI-
ANI — T. CORSI.
T. CORSI.
ANI
UMBRIA AND THE MARCHES, 1860
Appointment of Lorenzo Valerio as Commissioner General Extraordinary for
the Provinces of the Marches. September 12, 1860 1
VITTORIO EMANUELE II
VICTOR EMANUEL II
RE DI SARDEGNA, DI CIPRO E DI GERU-
SALEMME, DUCA DI SAVOIA E DI GE-
NOVA, PRINCIPE DI PIEMONTE, ECC.
ECC. ECC.
KING OF SARDINIA, OF CYPRUS, OF
JERUSALEM, DUKE OF SAVOY AND
OF GENOA, PRINCE OF PIEDMONT,
ETC., ETC., ETC.
Sulla proposta del Nostro Ministro
segretario di Stato per gli affari dell’-
interno;
Sentito il Consiglio dei ministri;
Abbiamo ordinato ordiniamo
quanto segue:
Art. 1. Il signor Lorenzo Va-
lerio, governatore della provincia di
1 Le Assemblee, vol. 1, p. 771.
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 1. Signor Lorenzo Va-
lerio. Governor of the Province of
e
656
DOCUMENTS
Como, è nominato Nostro Commis- Como, is appointed our Commission-
sario generale straordinario nelle er General Extraordinary in the
provincie delle Marche.
Provinces of the Marches.
ART. 2. Tutte le autorità nelle Art. 2. All the authority of the
provincie delle Marche sono poste Provinces of the Marches is placed
sotto l'immediata dipendenza del Nos- under the immediate control of our
tro Commissario straordinario. Commissioner Extraordinary.
Art. 3. Il predetto Nostro Com- ART. 3. The aforesaid Com-
missario dipenderà dal Nostro minis- missioner will be under Our Minis-
tro dell'interno.
ter of the Interior,
Dato a Torino, addì 12 settembre
1860
VITTORIO EMANUELE.
FARINI.
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 1
VITTORIO EMANUEL II
VICTOR EMANUEL II
RE DI SARDEGNA, DI CIPRO E DI GERU-
SALEMME, DUCA DI SAVOIA E DI GE-
NOVA, PRINCIPE DI PIEMONTE, ECC.
ECC. ECC.
KING OF SARDINIA, OF CYPRUS, OF JE-
RUSALEM, DUKE OF SAVOY AND OF
GENOA, PRINCE OF PIEDMONT, ETC.,
ETC., ETC.
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
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.
Tutte le autorità delle
ART. 2. All the authorities of the
1 Le Assemblee, vol. 1, p. 771.
UMBRIA AND THE MARCHES, 1860
657
provincie dell'Umbria sono poste sotto provinces of Umbria are placed under
l'immediata dipendenza del Nostro the immediate control of our Commis-
Commissario straordinario.
sioner Extraordinary.
Art. 3. Il predetto Nostro Com- ART. 3. The aforesaid Commis-
missario dipenderà dal Nostro minis- sioner shall be under our Minister of
tro dell'interno
the Interior
Dato a Torino, addi 12 settembre
1860.
VITTORIO EMANUELE
FARINI.
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 1
IN NOME DI S. M. IL RE VITTORIO
IN THE NAME OF HIS MAJESTY, KING
EMANUELE II
VICTOR EMANUEL II
IL GOVERNATORE DELLA
PROVINCIA DI COMO
THE GOVERNOR OF THE
PROVINCE OF COMO
.
R. COMMISSARIO GENERALE STRAOR-
THE
ROYAL
COMMISSIONER
GEN-
DINARIO
NELLE
PROVINCIE
DELLE
ERAL EXTRAORDINARY IN THE PROV-
MARCHE.
INCES OF THE MARCHES.
Considerando che i Popoli delle Considering that the people of the
Marche da oltre un decennio con ogni Marches for more than a decade
maniera di manifestazioni protesta- have by every kind of manifestation
rono contro la mala signoria clericale protested against the evil clerical gov-
che protetta da forze straniere li op- ernment which, aided by foreign
primeva;
power has oppressed them;
Considerando che la volontà di Considering that the will of these
questi Popoli di far parte della
della people to form a part in the Great
Grande Famiglia Italiana fu nobil- Italian Family was nobly attested by
mente attestata dai volontari accorsi volunteers, gathered in great numbers
in gran numero nell'anno passato tra in the past year to the ranks of the
le file del Regio Esercito a combattere royal army, to fight the war of inde-
la guerra dell'Indipendenza, e da quelli pendence, and by those who in Cen-
che nell'Italia Meridionale combat- tral Italy still fight against a Mon-
1 Le Assemblee, vol. 1, p. 773.
658
DOCUMENTS
1
tono ancora contro una Monarchia archy many times perjured and allied
più volte spergiura ed alleata ai nemici with the enemies of Italy;
d'Italia;
Considerando che il giusto malcon- Considering that the just popula.
tento popolare irruppe nel mese di discontent broke out in the month of
giugno del 1859 e fu compresso da June, 1859, and was suppressed by
mercenari soldati straniere; che, ag- inercenary foreign soldiers; that the
gravati i mali, e resa insopportabile evils being aggravated and made in-
la quotidiana offesa al diritto di citta-
supportable by daily offences against
dini ed alla dignità d'uomini, questi the rights of the citizens and the dig-
Popoli insorsero di nuovo nel settem- nity of manhood, these people rose up
bre di quest'anno; e che il grido degl' again in September of this year; and
insorti proclamò l'una volta e l'altra that the cry of the insurgents again
l'annessione alla Monarchia Costitu- and again called for annexation to the
zionale ed Italiana di Vittorio Eman- Constitutional and Italian Monarchy
uele II;
of Victor Emanuel II;
Considerando che i Municipi ed Considering that the Municipali-
ogni ordine di cittadini di queste Pro- ties and every order of citizens of
vincie con Deputazioni e Indirizzi, in- these Provinces, with deputations and
vocarono il soccorso delle armi del Re addresses, have invoked the help of
Vittorio Emanuele, esprimendo fin the armies of King Victor Emanuel,
d'allora la decisa volontà di apparte- expressing even from the beginning
nere alla sua gloriosa Monarchia; la the decisive wish to belong to his
quale volontà poi coll'universale entu- glorious Monarchy; which wish they,
siasmo confermarono al Re stesso nel with universal enthusiasm, confirmed
suo passaggio per queste Provincie; to the King himself in his passage
through these provinces;
Considerando il diritto imprescrit- Considering the imprescriptible
tibile di questi Popoli alla nazionalità right of these people to Italian na-
italiana;
tionality;
Considerando che tutti i Popoli Considering that all the people of
dell'Italia aspirano con meravigliosa Italy aspire with marvelous accord to
concordia a costituire una grande Na- the establishment of a great Nation
zione in uno Stato solo, forte, libero in a single state, strong, free and
e civile;
civilized;
Considerando che gli Stati più civili Considering that the most civilized
d'Europa o si fondano sulla larga base states of Europe are founded either
del voto universale o ne riconoscono il upon a broad basis of universal suf-
diritto; e che questo voto, espresso frage or recognize its right; and that
nell'Emilia e nella Toscana, condusse this suffrage, expressed in Emilia and
ad un assetto politico che la Nazione in Tuscany, led to a political adjust-
UMBRIA AND THE MARCHES, 1860
659
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;
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, 186Q.
In virtù del potere conferitigli col
Decreto Reale 12 settembre 1860.
DECRETA:
DECREES:
no
ART. 1. Il Popolo delle Provincie Article 1. The people of the
delle Marche è convocato pei giorni Provinces of the Marches are con-
4 e 5 del novembre prossimo in Co- voked to meet on the 4th and 5th days
mizi per statuire con Plebiscito sulla of November next to decide by plebis-
seguente domanda: Volete far parte cite the following question: “Do you
della Monarchia Costituzionale del Re wish to form a part of the Constitu-
VITTORIO EMANUELE II?
tional Monarchy of King VICTOR
EMANUEL II?"
Il voto sarà espresso per Si o per The vote shall be expressed by
No col mezzo di un bollettino scritto o yes” or by means of a writ-
stampato ed a scrutinio secreto.
ten or printed ballot and by secret
ballot.
ART. 2. Sono chiamati a dare il ART. 2. All those citizens who
voto tutti i cittadini che hanno com- have completed their 21st year, who
piuti i 21 anni, domiciliati nel are domiciled in the community and
Comune, e che si trovino nel godi- enjoy. civil rights are summoned to
imento dei diritti civili.
vote.
Sono esclusi dal dare il voto tutti All those are excluded from voting
coloro, i quali sono colpiti da con- who have been condemned for
danna per imputazione di frode, di fraudulent bankruptcy and also those
furto, di bancarotta con falsità, come who by sentence have been declared
pure coloro i quali per sentenza sono bankrupt.
dichiarati falliti.
ART. 3. Dalle Commissioni mu- Art. 3. In each commune the
nicipali, definitive o provvisorie, sa- Municipal Commission, whether per-
ranno in ciascun Comune formate le manent or provisional, shall draw up
liste dei votanti a termini dell'articolo the list of those entitled to vote by
precedente, le quali verranno pubbli- the terms of the preceding article,
660
DOCUMENTS
sera.
cate ed affisse nei luoghi soliti pel which list shall be published and post-
giorno 31 del corrente mese.
ed in the usual places on the 31st day
of the present month.
I reclami contro le dette liste sa- Complaints against the said lists
ranno prodotti fra le ventiquattro ore shall be made during the following
seguenti nanti la rispettiva Commis- twenty-four hours before the respec-
sione municipale, la quale deciderà tive Municipal Commissions, which
definitivamente non più tardi del 2 shall decide definitely not later than
novembre successivo.
the 2nd of November following.
ART. 4. Coloro che, non essendo ART. 4. Those who, not being
iscritti sulla lista del loro Comune fa- registered on the lists of their com-
ranno constare di avere le condizioni mune, have established the qualifica-
contemplate negli articoli precedenti, tions stated in the preceding articles,
saranno ammessi alla votazione. shall be admitted to the polls.
ART. 5. Lo scrutinio sarà aperto ART. 5. The polls shall be opened
nel Capoluogo di ciascun Comune in the headquarters of each commune
coll'assistenza della Commissione mu- in the presence of the Municipal Com-
nicipale, ed avrà principio alle ore 9 mission, and shall open at 9 o'clock in
del mattino e terminerà alle 5 della the morning and shall close at 5 in the
evening
Ad un tale effetto saranno per cura For this purpose there shall be dis-
di ciascuna Commissione municipale tributed, under the supervision of
distribuiti prima e durante la vota- each municipal commission, before
zione bollettini in istampa esprimenti and during the voting, printed ballots,
un Si ed un No, di cui i cittadini po- expressing a “yes
yes” or
or “no," which
tranno valersi per deporre il loro voto
each citizen can make use of to put
nella urna che verrà per quest'oggetto his vote in the urn, which shall be
disposta nella sala dell'adunanza. placed for this purpose in the Assem-
bly Hall.
Art. 6. Nei Comuni che hanno Art. 6. In the communes having
più di 1000 elettori, le Commissioni more than 1000 electors, the munici-
municipali potranno per comodo dei pal commissions, for the convenience
votanti dividerli in sezioni non mi- of the voters, may divide themselves
nori di 500.
into sections of not less than 500.
In tal caso le sezioni saranno presie- In such case, the sections shall be
dute da uno dei membri della Com- presided over by one of the members
missione municipale, assistito da quat- of the Municipal Commission, assisted
tro cittadini designati preventivamente by four citizens chosen exclusively by
dalla Commissione municipale mede- the same Municipal Commission.
sima.
UMBRIA AND THE MARCHES, 1860
661
Tre almeno dei membri delle Com- Three members at least of the
missioni anzidette si troveranno sem- aforesaid commissions shall always be
pre presenti alla votazione. Essi po- present at the voting. These may be
tranno farsi assistere da segretari da assisted by secretaries appointed by
loro chiamati.
them.
Il Presidente è incaricato della po- The President is charged with
lizia dell'Adunanza e di prendere le maintaining order in the Assembly
necessarie precauzioni onde assicurare and with taking the necessary precau-
l'ordine e la tranquillità. Ayrà a sua tions by which to secure order and
disposizione la Guardia nazionale. quiet. He shall have the National
Nessuna forza armata può essere Guard at his disposal. No armed
collocata, senza la richiesta del Presi- force shall be called into the hall of
dente, nella sala delle votazioni. voting except on demand of the
President.
. Le Autorità civili ed i Comandanti The civil authorities and the mili-
militari sono tenuti ad obbedire ad tary commanders are bound to re-
ogni sua richiesta.
spond to all his requests.
ART. 7. Il votante, prima di de- ART. 7. The voter, before putting
porre la sua scheda nell'urna, dovrà his ballot in the urn, must declare his
dichiarare il suo nome, che verrà no- name, which shall be noted by one of
tato da uno dei membri componenti the members of the commission or by
l'Uffizio o dal segretario.
the secretary
ART. 8. Alle ore 5 pomeridiane ART. 8. At 5 o'clock in the after-
del giorno 4, l'urna sarà pubblica- noon of the 4th, the urn shall be pub-
mente suggellata dalla Commissione licly sealed by the commission which
che avrà presieduto all'adunanza, la has presided in the assembly, and
quale e responsabile della sua custodia which shall be responsible for the
e della integrità dei sigilli.
custody and the integrity of the seals.
ART. 9. Chiuso il scrutinio del ART. 9. When the vote of No-
giorno 5, le urne suggellate saranno vember 5th has been closed, the sealed
portate da due almeno dei membri urns shall be carried by at least two
della Commissione suddetta e conse- of the members of the aforesaid com-
gnate al rispettivo Giusdiscente, il mission and consigned to the respec-
quale insieme con essi ne farà pubbli- tive justice, who with these shall pub-
camente lo spoglio.
licly count the votes.
ART. 10. I Giusdicenti trasmette- ART. 10. The justices shall im-
ranno immediatamente il processo ver- mediately give out the formal minute
bale, firmato da loro e dai membri of proceedings signed by them and by
presenti delle Commissioni municipali, the members of the municipal commis-
constatante il risultato della votazione, sion present, announcing the result of
662
DOCUMENTS
al Commissario della rispettiva Pro- the voting to the Commissioner of the
vincia.
respective Province.
Art. 11. Il giorno 9 i Presidenti Art. 11. On the 9th, the Presi-
dei Tribunali di prima istanza delle dent of the tribunals of the First
Provincie delle Marche, riuniti in Instance of the Provinces of the
Ancona sotto la Presidenza del Presi- Marches, assembled at Ancona, un-
dente del Tribunale d'appello di Mace- der the presidency of the President
rata, ricevuti dai Commissari provin- of the Tribunal of Appeal of Mar-
ciali i processi verbali portanti i risul- cerata, having received from the
tati parziali di cui all'articolo prece- provincial commissions the formal
dente, ne faranno lo spoglio generale minutes telling the partial results ac-
in seduta pubblica, e lo rimetteranno cording to the preceding article, shall
al Regio Commissario generale straor- make a general count of the votes in a
dinario.
public session and shall transmit it
to the Royal Commissioner General
Extraordinary.
Il presente Decreto sarà pubblicato The present decree shall be pub-
ed inserto nella Raccolta ufficiale degli lished and inserted in the Official
Atti del Regio Commissario generale Records of Documents of the Royal
straordinario, mandandosi a chiunque Commissioner General Extraordi-
spetta di osservarlo e di farlo osser- nary, ordering all whom it may con-
vare.
cern to obey it and to have it obeyed.
Dato in Ancona, 21 ottobre 1860. Given at Ancona, October 21st,
1860.
LORENZO VALERIO.
LORENZO VALERIO.
Proclamation of the Royal Commissioner to the People of the Marches.
October 21, 1860 1
Italians of the Marches.
Con Decreto d'oggi vi chiamo a In to-day's decree I call upon you
determinare per votazione solenne la to determine by solemn vote your
vostra sorte politica. Avrei deside- political destiny. I should have
rato di far precedere a questo atto wished that this act had been preceded
l'organamento completo delle vostre by the complete organization of your
Provincie, alle quali la natura diede provinces, to which nature gave every-
tutto per farle prospere, e una domi-
Italiani delle Marche!
prospere, e una domi- thing to make them prosperous and
1 Le Assemblee, vol. 1, p. 776.
UMBRIA AND THE MARCHES, 1860
663
nazione ora fiacca, ora violenta, in- from which a power now weak, now
giusta sempre, tolse ogni cosa, e violent, and always unjust, took away
avrebbe rapito anche il libero ingegno everything and would have stolen
e l'onore agli uomini, se orma di Dio even the free spirit and honor of men,
si potesse cancellare. Ma omai gli if it were possible to destroy God's
avvenimenti si succedono con una ra- work. But now events are follow-
pidità ignota ed impossibile in altri ing each other with a rapidity un-
tempi, ed al loro confronto le previ- known and impossible in other times,
sioni più sollecite divengono tarde. and in their presence the quickest pro-
È trascorso poco più di un mese
visions become slow. Little more
dacchè voi faceste pervenire al Re il than a month has transpired since you
grido del vostro dolore, e già fostemade known to the King your cry of
non solo liberati ma rallegrati dalla sorrow, and already you are not only
vista del Liberatore... Più fortu- freed but have rejoiced in the sight of
nati di voi, altre Provincie sorelle vi your Liberator. .. More fortunate
precedettero nell'opera della Unifica- than you, other sister provinces pre-
zione Italiana. Modena, Parma e le ceded you in the work of Italian uni-
Romagne, e la Toscana eziandio, che fication — Modena, Parma, and Ro-
pure aveva una signoria meno dura magna, and Tuscany likewise, which
della vostra e tradizioni di autonomia had a government less harsh than
di non picciolo conto, statuirono già yours and traditions of autonomy of
da tempo come signore di sè; ed oggi no small account, decided sometime
stesso i Popoli dell'Italia Meridionale ago as their own masters; and the
si raccolgono nei Comizi a stabilire people of Central Italy are gathering
non tanto il proprio quanto il destino to-day in assembly to establish not so
dell'Italia. Or bene: io rompo gli in- much their own destiny as that of
dugi e vi chiamo a decidere.
Italy. Now then, I end all delays and
Ma voi direte che la vostra inten- call on you to decide. But you will
zione è già manifesta.
say that your intention is already
Sì, è vero: voi avete già votato manifested. Yes, it is true, you have
cogli sforzi tante volte ripetuti per already shown your wishes, by efforts
torvi di dosso la mala signoria; avete often repeated, to get rid of evil
votato cogli esilii, colle prigioni, colle government; you have shown your
torture d'ogni specie che avete sofferte, wish by exile, imprisonment, torture,
e coi patiboli che non avete temuti, by every kind of suffering, not even
col sangue dei vostri volontari, con gli fearing the gallows; by the blood of
applausi onde accoglieste il Re e your volunteers, by the applause with
l'Esercito: ma più di tutto coll'ordine which you received the King and the
mirabile che serbate in questo reggi- Army; but more than all, by the won-
mento provvisorio, nel quale il solo derful order which you keep in this
664
DOCUMENTS
.
nome del Re fa l'autorità e la forza. Provisional Government, to which
only the name of the King gives au-
thority and force.
La vostra libertà è piena, e delitto Your liberty is complete and no
o vendetta o intemperanza di parte non crime nor revenge nor intemperance
la contamina.
of parties contaminate it.
Tutto questo è vero. Ma, dopo All this is true, but after having ob-
aver ottenuto dalle Potenze che rico- tained from the Powers the recogni-
noscono ai Popoli il diritto di far la tion that in the peoples themselves lies
legge a sè stessi, egli è giusto che il the right to make their own laws, it
Popolo lo eserciti anche coi modi is right that the people exercise it in a
solenni della votazione, e ch'egli usi serious manner by voting, and that
di quelle forme che sono la guaren they use those forms which are the
tigia della libertà del voto. Alle Na-
guarantee of a free vote. To friend-
zioni amiche la volontà degli Italiani ly nations the will of the Italians must
deve mostrarsi aperta e indubitabile; show itself to be open and undoubted;
alle Potenze ostili deve togliersi ogni from hostile Powers it must take
pretesto o possibilità di dubbiezza.
away any pretext or possibility of
doubt.
Soffrite perciò che vi rammenti es- Permit me to remind you then that
sere obbligo d'ogni buon cittadino il it is the duty of every good citizen to
votare. Ma il voto è libero, piena- vote. But the vote is free, absolutely
mente libero; nè chi parla e regge in free; nor can he who speaks and
nome di VITTORIO EMANUELE II
po- rules in the name of VICTOR EMAN-
trebbe mai tollerare una pressione UEL II ever tolerate a physical or
fisica o morale che lo menomasse. I moral pressure that would lessen this.
termini del paragone sono ormai evi- The terms of the choice are now clear.
denti. O esser parte di una grande Either to be part of a great nation or
Nazione o Provincia di un piccolo provinces of a small state. Either
Stato. O commilitoni di VITTORIO fellow soldiers of VICTOR EMANUEL
EMANUELE II colle glorie di Palestro II with the glories of Palestro and of
e di San Martino, o soldati di Lamori- San Martino, or soldiers of Lamori-
cière e suoi pari coi loro nomi di cière and his like with their terms of
scherno. O eguali avanti alle leggi scorn. Either equal before all laws
che i vostri Deputati concorreranno a which your deputies worked together
formare, e quindi reggitori di voi to form, and so rulers of yourselves,
medesimi, o servi all'arbitrio d'una or slaves to the whims of a privileged
classe privilegiata. Dipende da voi class. It depends upon you whether
appartenere ad uno Stato civile che vi
you belong to a civilized State which
dia la giustizia, la sicurezza, l'istru- gives you justice, safety and instruc-
zione; avere industrie e commerci; o tion, industries and commerce, or
UMBRIA AND THE MARCHES, 1860
665
nulla di tutto questo, come non aveste
nulla sinora. A voi la sentenza.
whether you will have none of all this
as you have not had it hitherto.
.
VIVA L'ITALIA!
Dato ad Ancona, 21 ottobre 1860.
LONG LIVE ITALY!
Given at Ancona, October 21st,
1860.
LORENZO VALERIO.
LORENZO VALERIO.
Convocation of the Popular Assemblies of the Provinces of Umbria.
October 21, 1860 1
IL REGIO COMMISSARIO GEN- THE ROYAL COMMISSIONER
ERALE STRAORDINARIO
GENERAL EXTRAORDI-
PER LE PROVINCIE
NARY IN THE PROV-
DELL'UMBRIA.
INCES OF UM-
BRIA.
In virtù dei pieni poteri conferi- By virtue of the full power con-
tigli da Sua Maestà il Re VITTORIO ferred upon him by His Majesty
EMANUELE II;
King VICTOR EMANUEL II;
Considerando che questi popola- Considering that these people by
zioni insistono con pubbliche solenni solemn public demonstrations insist
dimostrazioni per essere chiamate a upon being called to deliberate on
deliberare sulle proprie sorti;
their own fate;
Considerando ch'è urgente procu- Considering that it is urgent to
rare ad esse uno stabile e legale as- procure for this a stable and legal
setto;
basis;
Considerando che la Patria do- Considering that the country de-
manda che i cittadini di queste Pro- mands that the citizens of these
prov-
vincie col libero loro voto mostrino inces shall, by their free vote, show to
all'Europa se intendano consacrare le Europe whether or not they mean to
aspirazioni di Unità Monarchica Co- turn their aspirations to a United
stituzionale sotto lo scettro di VIT- Constitutional Monarchy, under the
TORIO EMANUELE II, la di cui lealtà e
sceptre of VICTOR EMANUEL II,
coraggio hanno disciplinata la revolu- whose loyalty and courage have held
zione e ristaurato in Italia l'ordine the revolution within bounds and re-
morale;
stored moral order in Italy;
DECRETA:
DECREES:
ART. 1. Il Popolo di queste Pro- ARTICLE 1. The people of these
vincie è solennemente convocato nei provinces are solemnly called in popu-
1 Le Assemblee, vol. 1, p. 779.
666
DOCUMENTS
Comizi i giorni 4 e 5 novembre 1860 lar assemblies on the 4th and 5th days.
per dichiarare la sua volontà sulla se- of November, 1860, to declare their
guente proposta: Volete far parte wishes on the following proposal :
della Monarchia Costituzionale del Re “Do you wish to form a part of the
VITTORIO EMANUELE?
Constitutional Monarchy of King
VICTOR EMANUEL?”
ART. 2. Sono chiamati a dare il Art. 2. All the citizens who have
voto tutti i cittadini che hanno com- completed their twenty-first year and
piuto il ventunesimo anno e che go- who enjoy civil rights are called upon
dono dei diritti civili.
to vote.
ART. 3. I Sindaci o Capi del ART. 3. The Syndics or Heads of
Comune prima del 4 novembre note- the Commune before November 4th
ranno nelle liste già esistenti degli shall enter in the lists already existing
elettori comunali i nomi di quei citta- of communal electors the names of
dini che non vi sono compresi a che da those citizens who have not been in-
sei mesi hanno domicilio nel Comune cluded, or who have been domiciled
o che vi si trovano per ragioni di im- for six months in the Cominune, or
piego.1
who are there because of employment.
ART. 15. Il giorno 7 novembre il ART. 15. That on the 7th day of
Tribunale di prima istanza residente November the Tribunal of the First
in Perugia, ricevuti dai Commissari Instance sitting in Perugia, having re-
Regi di queste Provincie i processi ceived from the Royal Commission-
verbali portanti i risultati degli scru- ers of these provinces the formal min-
tinii parziali, ne farà lo spoglio gene- utes containing the results of the par-
rale in seduta pubblica e li trasmet- tial vote shall make the general count
terà al Regio Commissariato generale. of votes at a public meeting, and shall
transmit them to the Royal Commis-
sioner.
ART. 16. Le leggi e le discipline ART. 16. That the rules and regu-
che regolano le convocazioni elettorali lations for guaranteeing an orderly
pei Consigli comunali e provinciali a and free vote which govern the elec-
fine di garantire l'ordine e la libertà toral meetings of the communal and
del voto, sono applicate alle convoca- provincial Councils, are applicable to
zioni presenti.
the present meetings.
Dato in Perugia dal Palazzo del Given in Perugia at the Governor's
Governo, questo giorno 21 ottobre Palace, this 21st day of October, 1860.
1860.
G. N. PEPOLI,
G. N. PEPOLI,
A. VIVIANI.
A. VIVIANI.
1 The omitted articles providing for the method of voting are identical with those
decreed for the Marches, see ante, p. 657.
UMBRIA AND THE MARCHES, 1860
667
Formal Minute of the Result of the Plebiscite in the Provinces of the Marches.
November 9, 1860 1
IN NOME DI DIO
IN THE NAME OF GOD
CATTABENI,
Nella grande Aula del Palazzo mu- In the great hall of the Municipal
nicipale si è riunita in seduta pubblica Palace there is gathered in public as-
la Corte di Giustizia delle Provincie sembly the Court of Justice of the
delle Marche, specialmente costituita Provinces of the Marches, specially
per l'effetto dell'articolo 11 del De- constituted in accordance with Article
creto emanato il 21 ottobre prossimo II of the Decree which was given out
passato da S. E. il signor Regio Com- on the second of October last by the
missario generale straordinario nelle Royal Commissioner General Ex-
Provincie medesime, e composta degli traordinary in the Provinces afore-
111. mi ed Ecc. mi Signori:
said, and composed of their Excellen-
cies the following gentlemen:
Avv. DOMENICO
PANTALEONI,
Advocate DOMENICO PANTALEONI,
Presidente del Tribunale d'Appello di President of the Tribunal of Appeal
Macerata.
of Macerata.
Avv. FILIPPO BONACCI, Presidente Advocate FILIPPO BONACCI, Presi-
del Tribunale di Ancona.
dent of the Tribunal of Ancona.
Avv. ANDREA CATTABENI, Presi- Advocate ANDREA
dente del Tribunale di Pesaro
President of the Tribunal of Pesaro.
Avv. FEDERICO MONTI, ff. di Presi- Advocate FEDERICO MONTI, Acting
dente del Tribunale di Fermo
President of the Tribunal of Fermo.
Avv. LUIGI ALIPPI, ff. di Presi- Advocate LUIGI ALIPPI, Acting
dente del Tribunale d'Urbino
President of the Tribunal of Urbino.
Avv. LORENZO LIVERANI, Presi- Advocate LORENZO
LIVERANI,
dente del Tribunale di Macerata President of the Tribunal of Mace-
rata.
Avv. FILIPPO MARSILI, ff. di Presi- Advocate FILIPPO MARSILI, Acting
dente del Tribunale d'Ascoli
President of the Tribunal of Ascoli.
Avv. PAOLO BALESTRA, Presidente Advocate Paolo BALESTRA, Presi-
del Tribunale di Camerino
dent of the Tribunal of Camerino.
Intervenne pure l'Ill. mo Sig. Dott. There were present also the Hon-
Angelo Mazzoleni, Procuratore fiscale orable
orable Doctor Angelo Mazzaloni,
presso il Tribunale d'Ancona in rap- Fiscal Attorney for the Tribunal of
presentanza del Pubblico Ministro, ed Ancona, representing the State, and I,
assistetti io Clemente Marinelli, segre- Clemente Marinelli, Secretary of the
tario del Municipio d'Ancona, special- Municipality of Ancona, specially
1 Le Asseinblee, vol. 1, p. 777.
668
DOCUMENTS
mente assunto a funzionare da cancel- charged to register the present docu-
liere all'Atto presente.
ment, was present.
Il lodato signor Presidente del Tri- The worthy President of the Tribu-
bunale d'Appello dichiarò aperta la nal of Appeal opened the meeting and
seduta, ed espose essere oggetto della announced that its object was to count
medesima lo spoglio generale dei voti the total vote cast by the people of
resi dal Popolo delle Marche nei the Marches in the meetings called on
Comizi adunati il 4 e 5 del corrente, the 4th and 5th, to decide by a plebis-
per statuire un Plebiscito sulla do- cite the question: "Do you wish to
manda: Volete far parte della forma part of the Constitutional
Monarchia Costituzionale di VITTORIO Monarchy of VICTOR EMANUEL II?”
EMANUELE II ?
Invitò quindi i signori Presidenti He then invited the honorable presi-
dei Tribunali di prima istanza a pre-
dents of the Tribunals of the First
sentare i risultati delle votazioni nelle Instance to present the results of the
rispettive Provincie alla loro giuris- vote in the respective provinces sub-
dizione soggette.
ject to their jurisdiction.
I medesimi allora esibirono gli The said presidents then exhibited
analoghi prospetti, dei quali, previa their reports, which, after an exami-
collazione sui relativi verbali e verifica nation of the various formal minutes
dell'esattezza, lo stesso signor Presi- and a verification of their exactness,
dente d'Appello, li invitò a dare pub- the aforesaid President of Appeal in-
blica lettura, locchè ciascuno di essi vited them to read publicly; which
eseguì coll'ordine seguente dando let- each of them did in the following or-
tura dei detti prospetti che a me con- der, reading the said results which
segnarono:
they delivered to me:
VOTI (VOTES)
Province
Affirmativi
Negative
Nulli
(Province)
(Affirmative)
(Negative)
(Void)
Ancona
26,773
244
87
Macerata
32,575
212
60
Pesaro
21,017
149
68
Urbino
21,111
365
29
Fermo
16,694
90
7
Ascoli
10,199
87
9
Camerino
5,412
65
Somma (Total)
133,783
1,212
260
Dai quali complessivi risultati io, Which total results, I, according to
appresso l'ordine del signor Presi- the order of the President of Appeal,
dente d'Appello, feci la pubblicazione. made public.
Allora il signor rappresentante del Then the representative of the State
UMBRIA AND THE MARCHES, 1860
669
Pubblico Ministero prese la parola fa- took the floor demanding that the
cendo requisitoria perchè la Corte pro- Court should pronounce its decision
nunciasse la sua analoga dichiara- accordingly.
zione.
Ed il signor Presidente d'Appello, And the President of Appeal, hav-
consultati i membri della Corte, pro- ing consulted the members of the
nunciò come appresso:
Court, pronounced as follows:
La Corte dichiara che il Popolo The Court declares that the People
delle Provincie delle Marche nei of the Provinces of the Marches at
Comizi tenuti i giorni 4 e 5 del cor- the popular assemblies held the 4th
rente novembre, per statuire con Ple- and 5th days of the present Novem-
biscito sulla domanda: Volete far ber to decide by plebiscite the ques-
parte della Monarchia Costituzionale tion: “Do you wish to form a part of
di VITTORIO EMANUELE II? ha de- the constitutional monarchy of Vic-
ciso per l'affermativa con la maggio- TOR EMANUEL II?” have decided for
ranza di voti 133,783, contro negativi the affirmative with the majority vote
1212 e nulli 260.
of 133,783 against 1212 negatives and
260 void.
Dopo di che esso signor Presidente After which the President declared
dichiarò sciolta la seduta, della quale the meeting dissolved, of which I, as
io compilai in duplo il presente ver- secretary pro-tem, compiled the pres-
bale, che, premessa lettura, fu dalla ent formal minute in duplicate which,
Corte a da me sottoscritto ed a cui after being read, was signed by the
vennero apposti i sigilli di questo Mu- Court and by me, and to which were
nicipio e di questo Tribunale di prima affixed the seals of this Municipality
istanza.
and of this Tribunal of the First In-
stance.
D'ordine del signor Presidente del . By order of the President of the
Tribunale d'Appello si fa menzione Tribunal of Appeal, mention is made
esser giunti in pendenza dell'opera- that there is added, during the opera-
zione un Atto in brevetto emesso in tion, a document given out in Turin
Torino da ventitre Marchigiani, che by twenty-three men of the Marches,
dichiararono il loro voto in senso who declared their vote in the affirma-
affermativo sulla sovraccennata for- tive on the aforesaid formula, and a
mula, ed una lettera da Livorno, dell'- letter from Livono from Gustave
anconitano Gustavo Schelini,
Gustavo Schelini, che Schelini of Ancona who makes the
dichiara altrettano. Lo che reca il same declaration. This brings the
numero dei voti affermativi a 133,807. affirmative votes to 133,807.
Avv. DOMENICO PANTALEONI,
Advocate DOMENICO PANTALEONI,
Presidente della Corte d'Apello in President of the Court of Appeal in
Macerata — ,
Avv. FILIPPO BONACCI, Macerata, Advocate
Macerata, Advocate FILIPPO Bo-
670
DOCUMENTS
Presidente del Tribunale di Ancona --- NACCI, President of the Tribunal of
Avv. LORENZO LIVERANI, Presidente Ancona, Advocate LORENZO LIVE-
del Tribunale di Macerata - Avv. RANI, President of the Tribunal of
ANDREA CATTABENI, Presidente del Macerata, Advocate ANDREA CATTA-
Tribunale di Pesaro Avv. LUIGI
BENI, President of the Tribunal of
ALIPPI, ff. di Presidente del Tribunale Pesaro, Advocate LUIGI ALIPPI, Act-
d'Urbino Avv. FEDERICO MONTI, ing President of the Tribunal of Ur-
ff. di Presidente del Tribunale di bino, Advocate FEDERICO MONTI,
Fermo - Avv. FILIPPO MARSILI, Giu- President of the Tribunal of Fermo,
dice ff. di Presidente del Tribunale di Advocate FELIPPO MARSILLI, Acting
Ascoli Avv. PAOLO BALESTRA, Judge, Acting President of the Tri-
Presidente del Tribunale di Camerino. bunal of Ascoli, Advocate Paolo BA-
LESTRA, President of the Tribunal of
Camerino.
CLEMENTE MARINELLI
CLEMENTE MARINELLI
Segretario del Municipio d’Ancona. Secretary of the Municipality of An-
cona.
Ancona, li 9 novembre 1860.
Ancona, November 9, 1860.
Formal Minute of the Result of the Plebiscite in the Provinces of Umbria 1
SEDUTA PUBBLICA DEI GIORNI 8 E 9 PUBLIC SESSION OF THE 8TH AND 9TH
NOVEMBRE 1860
OF NOVEMBER, 1860
Visto il Decreto di S. E. il Regio In view of the Decree of His Ex-
Commissario generale per le Provincie cellency the Royal Commissioner
dell'Umbria del dì 21 ottobre 1860, General for the Provinces of Umbria
col quale il Popolo delle medesime era of October 21st, 1860, in which the
convocato nei Comizi dei giorni 4 e 5 people of the same Provinces were
novembre dello stesso anno, a dichia- convoked in popular assemblies on the
rare la sua volontà sulla proposta : 4th and 5th days of November of the
same year, to declare their wishes on
the proposal :
Volete far parte della Monarchia " Do you wish to form a part of the
Costituzionale del Re VITTORIO Constitutional Monarchy of King
EMANUELE?
VICTOR EMANUEL ? "
Visto il successivo Decreto del pre- In view of the later decree of the
lodato Regio Commissario generale honorable Commissioner General of
1 Le Assemblee vol. 1, p. 781.
UMBRIA AND THE MARCHES, 1860
671
del dì 6 suddetto mese di novembre, the 6th day of the aforesaid month
col quale, prorogato al giorno 8 del of November, which prorogued to the
ripetuto mese lo spoglio generale degli Sth day of the same month the gen-
scrutini parziali, venne questo affidato eral count of the partial votes, which
al Tribunale d'Appello unitamente a was entrusted to the Tribunal of Ap-
quello di prima istanza già designato peal together with the Court of the
nel Decreto antecedente;
First Instance already designated in
the preceding decree;
Visti ed esaminati i processi ver- Having seen and examined the
bali portanti i risultati degli scrutinii formal minute containing the partial
parziali trasmessi alla Presidenza dai results of the vote transmitted to the
Commissari Regi delle rispettive Pro- President by the royal commissioners
vincie fattone lo spoglio generale; of the respective provinces and the
general count of votes having been
made;
INVOCATO IL SS. NOME DI DIO
HAVING INVOKED THE HOLY NAME OF
GOD
I Tribunali riuniti di Appello e di The united Tribunals of Appeal,
prima istanza, residenti in Perugia and of the First Instance, in session
solennemente proclamano i seguenti in Perugia, solemnly proclaim the fol-
risultati generali del Plebiscito emesso lowing general results of the plebis-
dagli abitanti delle Provincie dell'Um- cite of the inhabitants of the Prov-
bria sull'annessione alla Monarchia inces of Umbria as to the question of
Costituzionale del Re VITTORIO annexation to the Constitutional
EMANUELE II:
Monarchy of King VICTOR EMANUEL
II.
Inscritti (Registered)
Votanti (Voting)
Pel Si (Yes)
Pel No (NO)
Voti nulli (Void)
N. 123,011
97,625
97,040
380
205
LUIGI 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
Advocate LUIGI 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
DOCUMENTS
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
ARMOGASTE STAMIGNI, Vice-Presi-
dent.
Adv. RAFFAELE CORSI, Justice.
GIULIO JERMINI, Justice.
Adv. ORAZIO LATONI, Justice.
GIUSEPPE FRATELLINI, Justice.
GIUSEPPE GIRRI, Chancellor.
ALLESSANDRO PAPI, Chancellor.
Formal Act of Acceptance of the Plebiscite of the Marches and of Umbria.
November 22, 1860 1
Alle ore 11 del mattino del 22 no- At eleven o'clock in the morning
vembre 1860 le vetture di Corte hanno on the 22nd of November, 1860, the
condotto al Palazzo reale di Napoli il Court carriages conducted to the
Regio Commissario generale per le Royal Palace of Naples, the Royal
provincie delle Marche, Lorenzo Va- Commissioner General for the Prov-
lerio (Governatore di Como), cava- inces of the Marches, Lorenzo Valerio
liere gran croce dell'ordine dei Santi (Governor of Como), Chevalier of
Maurizio e Lazzaro, il Regio Commis- the Grand Cross of the Order of
sario generale per le provincie dell’ Saints Maurizio and Lazzaro, the
Umbria, marchese Gioachino Napo- Royal Commissioner General for the
leone Pepoli, deputato al Parlamento Provinces of Umbria, Marquis Gio-
nazionale e cavaliere gran croce dell'achino Napoleone Pepoli, Deputy to
Ordine suddetto, e le Deputazioni the National Parliament and Cheva-
delle Marche e dell'Umbria. S. M. il lier of the Grand Cross of the afore-
Re era nella sala del trono, e trova- said Order, and the Deputations of the
vansi presenti il Luogotenente gene-
Marches and of Umbria. His Maj-
rale del Re coi consiglieri di luogo- esty the King was in the Throne
tenenza, il Consiglio di Stato, la Su- Room, and there were present the
prema Corte di giustizia, la Gran Lieutenant General of the King, with
Corte dei conti, la Casa militare de! the Councillors in Office, the Council
Re e il Municipio di Napoli.
of State, the Supreme Court of Jus-
tice, the High Court of Accounts, the
Military Household of the King, and
the Municipality of Naples.
I Regi Commissari hanno presen-
The Royal Commissioners present-
1 Le Asemblee, vol. 1, p. 782.
UMBRIA AND THE MARCHES, 1860
673
tato al Re il verbale dello spoglio dei ed to the King the formal minute of
voti fatto in Ancona e Perugia il the result of the votes cast at Ancona
giorno 9 di novembre, e le rispettive and Perugia on the 9th day of No-
Deputazioni. Quindi il Regio Com- vember, and the respective Deputa-
missario delle Marche ha indirizzate tions.
tions. Thereuport the Royal Com-
al Re brevi parole, dicendo:
missioner of the Marches addressed
to the King a few words, saying:
Sire! Alla vostra corona italica Sire! To your Italian crown is
si aggiunge ora una piccola, ma pre- now joined a small but most precious
ziosissima gemma. Le sei provincie gem. The six provinces of the
delle Marche, col loro milione d'abi- Marches, with their million inhabit-
tanti offrono il sangue e gli averi a ants, offer their blood and their be-
Voi, per la cui virtù si ricompose la longings to you through whose valor
grande famiglia italiana, di cui vog- the great Italian family has been re-
liono far parte. O Sire! Voi nelle united, of which they wish to be a
Marche avrete operosi cittadini, sol- part. Oh Sire! In the Marches you
dati valorosi, italiani degni di Vittorio will have active citizens, valiant sol-
Emanuele."
diers, Italians worthy of Victor
Emanuel."
Anche il Regio Commissario dell’- The Royal Commissioner of Um-
Umbria rivolgeva a S. M. a un di- bria also addressed to His Majesty
presso queste parole:
words of this nature:
“ Alla M. V. presento il voto dei “ The vote of the people of Umbria
popoli dell'Umbria. Essi vogliono has been presented to your Majesty,
appartenere alla gloriosa Vostra Di- and they wish to belong to your glori-
nastia, nella quale è già identificata ous Dynasty with which Italy is al-
l'Italia. Voi troverete i popoli dell’ ready identified. You will find the
Umbria devoti sempre alla M. V. ed people of Umbria always devoted to
alla patria.
your Majesty and to the country.”
S. M. il Re rispondeva ringraziare His Majesty the King replied by
i Regi Commissari e le Deputazioni thanking the Royal Commissioners
delle Marche e dell'Umbria pei voti and the Deputies of the Marches and
recati e per i sensi espressigli. La Umbria for the votes cast and the sen-
sua vita intera essere consacrata all’- timents expressed. His entire life
Italia, ed alla causa nazionale. Aver would be consecrated to Italy and to
vivo desiderio di visitare i paesi ora
He had a great
novellamente congiunti allo Stato. T desire to visit the countries newly
dopoli delle Marche, e dell'Umbria joined to the state. The people of
avere fatto anch'essi opera di senno, the Marches and of Umbria had also
e di virtù dichiarando di voler essere committed acts of wisdom and of
the national cause.
674
DOCUMENTS
riuniti in un solo grande Stato per virtue in declaring their wish to be
formare la Nazione italiana.
united in a single state to form the
Italian nation.
Il ministro di grazia e giustizia e The Minister of Grace and of Jus-
guardasigilli ha letto il verbale della tice and Keeper of the Seals read the
presentazione e dell'accettazione del formal minute of the presentation and
voto di annessione, nel quale si dichi- of the acceptance of the vote for an-
ara che il Re è ben lieto di accettare i nexation, in which it is declared that
popoli delle Marche e dell'Umbria in the King is very happy to accept the
patto di libertà e di fede. Il verbale people of the Marches and of Umbria
è stato sottoscritto dal Re, dai Regi in a compact of liberty and trust.
Commissari, dalle Deputazioni, dai The report was signed by the King,
ministri e dai presidenti dei grandi by the Royal Commissioner, the
Corpi.
Deputations, the Ministers, and by the
Presidents of the high official bodies.
Il Regio Commissario delle Marche The Royal Commissioner of the
ha presentato al Re gl'indirizzi delle Marches presented to the King the ad-
donne e dei minorenni delle città delle dresses of the women and children of
Marche, per invocare l'esaudimento the cities of the Marches, asking for
del voto di annessione. S. M. il Re the acceptance of the vote of annexa-
ha accolto questi indirizzi con singo- tion. His Majesty the King re-
lare compiacenza. Così venne rogato ceived these addresses with singular
il seguente atto:
pleasure. The following Act was
then drawn up.
“L'anno 1860, il dì 22 novembre “ In the year 1860, on the 22nd of
alle ore 11 antimeridiane, in Napoli, November at eleven o'clock A.M. in
nel Palazzo reale, e nella sala del Naples, in the Throne Room of the
trono, alla presenza di S. M. il Re Royal Palace in the presence of His
Vittorio Emanuele II, assistendo al Majesty Victor Emanuel II, there be-
presente Atto il ministro di grazia e ing present the Minister of Grace and
giustizia ed affari ecclesiastici, cava- Justice and of Ecclesiastical Affairs,
liere Giovanni Battista Cassinis, ed il Chevalier Giovanni Battista Cassinis,
ministro della guerra generale d'ar- and the Minister of War, General
mata Manfredo Fanti, S. E. il Luogo- Manfredo Fanti, his Excellency the
tenente generale delle provincie napo- Lieutenant General of the Neopolitan
letane, il cavaliere Luigi Carlo Farini, Provinces, the Chevalier Luigi Carlo
S. E. il generale d'armata conte Enrico Farini, his Excellency General Count
Morrozzo della Rocca, gli aiutanti di Enrico Morrozzo Della Rocca, the
campo, gli ufficiali di ordinanza e le adjutants, the officers of the day and
altre persone della Casa e del seguito the other members of the Household
di Sua Maestà, i consiglieri di Luogo- and of the Suite of His Majesty, the
UMBRIA AND THE MARCHES, 1860
675
tenenza, la Magistratura, il Municipio Councillors in Office, the Judiciary,
ed altri funzionari civili e militari the Municipality and other civil and
sono stati introdotti il Regio Commis- military functionaries, there were in-
sario delle provincie delle Marche, troduced the Royal Commissioner of
Governatore di Como, cavaliere Lo the Provinces of the Marches, Gov-
renzo Valerio, ed il regio Commissario ernor of Como, Chevalier Lorenzo
delle provincie dell'Umbria, marchese Valerio, and the Royal Commissioner
Gioachino Napoleone Pepoli, cavalieri of the Provinces of Umbria, Marquis
amendue di gran croce, decorati del Gioachino Napoleone Pepoli, both
gran cordone dell'Ordine dei Santi Chevaliers of the Grand Cross,
Maurizio e Lazzaro, ed i signori conte
decorated with the Grand Cordon of
cavaliere Giacomo Ricci, conte Do-
the Order of Saints Maurizio and
menico Monti, avvocato Andrea Cat- Lazzaro, and the Count Chevalier
tabeni, componenti la Deputazione Giacomo Ricci, Count
Ricci, Count Domenico
delle provincie delle Marche, ed i Monti, Advocate Andrea Cattabeni,
signori marchese Filippo Gualterio, composing the Deputation of the
Francesco Guardabassi, conte Zeffi- Provinces of the Marches and the
rino Faina, conte Giuseppe Orsini, Marquis Filippo Gualterio, Francesco
conte Antonio Beccherucci, conte Guardabassi, Count Zeffirino Faina,
Cesare Pianciani, conte Federico Count Giuseppe Orsini, Count An-
Francisci, conte Alceo Massarucci, tonio Beccherucci, Count Cesare
Giuseppe Argentieri, marchese B. Piansiani, Count Federico Francisci,
Vecchiarelli, conte Pietro Battaglia, Count Alceo Massarucci, Giuseppe
componenti la Deputazione delle pro- Argentieri, Marquis B. Vecchiarelli,
vincie dell'Umbria, i quali presentano Count Pietro Battaglia, composing
alla M. S. il risultamento del plebis- the Deputation of the Provinces of
cito con cui i popoli di quelle provincie, Umbria, who presented to His
convocati nei Comizi il 4 ed il 5 no- Majesty the result of the plebiscite by
vembre 1860, per suffragio universale which the people of those provinces
hanno dichiarato, i primi con voti convened in popular assemblies on the
affermativi 133,775, contro voti nega- 4th and 5th of November, 1860, have
tivi 1,212, i secondi con voti afferma- declared by universal suffrage, the
tivi 97,040 contro voti negativi 380, former with 133,775 affirmative votes
di voler far parte della Monarchia against 1212 negative, and the latter
costituzionale di Vittorio Emanuele with 97040 affirmative against 380
II.
negative, that they wish to form a
part of the Constitutional Monarchy
of Victor Emanuel II.
“S. M. il Re nell'accettare per sè His Majesty the King, in accept-
e per suoi legittimi discendenti il risul- ing for himself and his legitimate
tamento del plebiscito, esprime quanto descendants the result of the plebis-
676
DOCUMENTS
le torni gradito che col concorso di cite, explains how deeply he is grati-
queste altre ragguardevoli provincie fied that by the adhesion of these
si costituisca ad unità di Stato la Na- other considerable provinces, the
zione italiana, e le sorti della comun Italian Nation should attain unity,
patria sieno omai indissolubilmente and that the fortunes of the common
collegate con quelle della sua Casa e country should now be indissolubly
strette al medesimo patto di libertà e joined with those of his House, and
di fede.
linked by the same compact of liberty
and trust.
'Di tutto ciò il ministro di grazia Of all this the Minister of Grace
e giustizia ha, d'ordine del Re, rogato and Justice has, by the King's order,
il presente processo verbale, sotto- drawn up the present formal minute,
scritto da S. M., dai Regi Commissari signed by His Majesty, by the Royal
per le provincie delle Marche e dell’- Commissioners for the Provinces of
Umbria, dai membri delle Deputa- the Marches and of Umbria, by the
zioni delle stesse provincie, dal Luogo- members of the Delegations of the
tenente generale delle provincie napo- said Provinces, by the Lieutenant
letane, dai consiglieri di Luogote- General of the Neapolitan provinces,
nenza, dal sindaco del Municipio di by the Vice-Councillor, by the Syndic
Napoli, dal presidente della Suprema of the Municipality of Naples, by the
Corte di giustizia, dal presidente della President of the Supreme Court of
Gran Camera dei conti, contrasseg- Justice, by the President of the Grand
nato dal ministro della guerra, e dal Chamber of Accounts, countersigned
ministro di grazia e di giustizia mu- by the Minister of War and by the
nito del gran sigillo dello Stato. Minister of Grace and Justice, and
sealed with the great seal of the State.
“L'originale del presente Atto The original of the present docu-
verrà depositato e conservato negli ment shall be placed and preserved
archivi generali del Regno.'
in the general archives of the King-
dom.”
VITTORIO EMANUELE
VICTOR EMANUEL.
LORENZO VALERIO G. NAPO- LORENZO VALERIO, G. NAPOLEONE
LEONE PEPOLI DELLA Rocca PEPOLI, DELLA Rocca, FARINI,
FARINI Conte MICHELE FAZIOLI Count MICHELE FAZIOLI, Advocate
Avv. A. CATTABENI — Marchese A. CATTABENI, Marquis GIACOMO
GIACOMO RICCI Conte DOMENICO RIccio, Count DOMENICO MONTI,
MONTI — Marchese MARIANO ALVI- MARQUIS MARIANO ALVITRETI, Count
Conte GIUSEPPE PARISANI GIUSEPPE PARISANI, Marquis F. A.
Marchese F. A. GUALTERIO
GUALTERIO,
GUARDABASSI, Count
GUARDABASSI Conte ZEFFIRINO ZEFFIRINO FAINA, GIUSEPPE ORSINI,
FAINA GIUSEPPE ORSINI Conte Count ALCEO MASSARUCCI, Count
TRETI
UMBRIA AND THE MARCHES, 1860
677
ALCEO MASSARUCCI Conte FRAN- FRANCESCO PIANCIANI, Marquis
CESCO PIANCIANI Marchese BAR- BARTOLOMEO VECCHIARELLI, GIUS-
TOLOMEO VECCHIARELLI — GIUSEPPE EPPE ARGENTIERI, Count ANTONIO
ARGENTIERI Conte ANTONIO BEC- BECCHERUCCI, Count PIETRO BAT-
CHERUCCI Conte PIETRO BATTAG- TAGLIA, Count FEDERICO FRANCISCI,
LIA -- Conte FEDERICO FRANCISCI GUISEPPE PISANELLI, Marquis
GIUSEPPE PISANELLI Marchese RODOLFO D'AFFLITTO DE MONTEFAL-
RODOLFO D'AFFLITTO DI MONTEFAL- CONE, R. PIRIA, G. DIVINCENZI,
R. PIRIA G. DIVINCENZI GIUSEPPE FERRIGNI, P. S. MANCINI,
GIUSEPPE FERRIGNI - P. S. MAN- A. SCIALOJA, A. COLONNA, Syndic of
CINI — A. SCIALOJA — A. COLONNA Naples; F. GAMBOA, A. TROYSI.
sindaco di Napoli — F. GAMBOA
A. TROYSI.
Il ministro della guerra: M. FANTI. The Minister of War, M. FANTI.
Il ministro di grazia e giustizia: G. C. The Minister of Grace and Justice,
CASSINIS.
G. C. CASSINIS.
CONE
December
Royal Decree of Annexation of the Marches to the Italian State.
17, 1860 1
VITTORIO EMANUELE II
VICTOR EMANUEL II
Visto il plebiscito sottoposto al suf- In view of the plebiscite submitted
fragio universale e diretto del popolo to the direct and universal suffrage of
delle provincie delle Marche convo- the people of the Provinces of the
cato in Comizi il 4 ed il 5 novembre Marches, convened in popular assem-
ultimo;
blies on the 4th and 5th of last No-
vember;
Visto il processo verbale di presen- In view of the formal minute of
tazione e di accettazione di tale plebis- presentation and of acceptance of the
cito eseguito in Napoli il 22 novembre said plebiscite executed at Naples on
suddetto;
the above-mentioned 22nd of Novem-
ber;
Vista la legge in data 3 corrente In view of the law of the third day
mese, con cui il Governo del Re è au- of the current month, by which the
torizzato ad accettare e stabilire per Government of the King is authorized
decreti reali l'annessione allo Stato di to accept and to establish through
quelle provincie dell'Italia centrale e royal decrees the annexation to the
1 Le Assemblee, vol. 1, p. 784. The decree annexing Umbria was issued on the same date
and is identical. Ibid., p.
784.
678
DOCUMENTS
meridionale, nelle quali si manifesti State of those provinces of central and
liberamente per suffragio diretto uni- southern Italy, in which the popula-
versale dalle popolazioni di far parte tion has freely shown their wish, by
integrante della Nostra Monarchia 'means of direct universal suffrage, to
costituzionale;
form an integral part of our Consti-
tutional Kingdom;
Udito il Consiglio dei ministri; Having heard the Council of Min-
isters;
Abbiamo decretato e decretiamo; We have decreed and we decree:
ART. 1. Le Provincie delle ARTICLE 1. The Provinces of the
Marche faranno parte integrante dello Marches shall form an integral part
Stato italiano dalla data del presente of the Italian State, from the date of
decreto.
the present decree.
ART. 2. L'articolo 82 dello Sta- Art. 2. Article 82 of the Con-
tuto, con cui è stabilito che fino alla stitution, in which it is provided that
prima riunione delle due Camere il until the first meeting of the two
Governo provvederà al pubblico ser- Chambers, the Government shall pro-
vizio con sovrane disposizioni, sarà vide for the public service, with sov-
applicabile alle provincie suddette fino ereign regulations, shall be applicable
alla riunione del Parlamento na- to the aforesaid Provinces, until the
zionale.
meeting of the National Parliament.
Ordiniamo che il presente decreto, We order that the present decree,
munito del sigillo dello Stato, sia in- sealed with the seal of State, shall be
serto nella raccolta degli Atti del entered in the collection of Govern-
Governo, e pubblicato nelle provincie ment documents, and published in the
suddette, mandando a chiunque spetta said Provinces, notifying all those
di osservarlo e di farlo osservare. concerned to observe them and to
cause them to be observed.
Dato a Napoli li 17 dicembre 1860. Given at Naples the 17th of De-
cember, 1860.
VITTORIO EMANUELE.
VICTOR EMANUEL.
G. B. CASSINIS M. FANTI — C. C. B. CASSINIS, M. FANTI, C.
CAVOUR – M. MINGHETTI F. S. CAVOUR, M. MIGNETTI, F. S. VE-
VEGEZZI S. JACINI — T. MAMI- GEZZI, S. JACINI, T. MAMIANI, T.
T. CORSI.
CORSI.
ANI
VENETIA, 1866
679
VENETIA, 1866
Convention Between Austria and France for the Cession of Venetia by Austria
to France. Signed at Vienna, August 24, 1866 1
Leurs Majestés l'Empereur des Their Majesties the Emperor of the
Français et l'Empereur d'Autriche, French and the Emperor of Austria,
Roi de Hongrie et de Bohême, dési- King of Hungary and of Bohemia,
rant régler la cession de la Vénétie, desiring to arrange the conditions for
antérieurement convenue entre Leurs the cession of Venetia, already agreed
Majestés, ont nommé pour leurs to by their Majesties, have named as
Plénipotentiaires à cet effet, savoir : their Plenipotentiaries for this pur-
pose, that is to say:
S. M. l'Empereur des Français, H. M. the Emperor of the French,
Le Duc de Gramont, son Ambassa- the Duke de Gramont, His Ambassa-
deur près S. M. Impériale et Royale dor to His Imperial and Royal Apos-
Apostolique, etc.
tolic Majesty, etc.
Et S. M. l'Empereur d'Autriche, And His Majesty the Emperor of
Roi de Hongrie et de Bohême,
Austria, King of Hungary and of
Bohemia,
Le Comte de Mensdorff-Pouilly, Count de Mensdorff-Pouilly, Lieu-
lieutenant général, son chambellan et tenant General, his Chamberlain and
conseiller intime, etc.
Privy Councellor, etc., who, having
Lesquels, après s'être communiqué communicated their full powers found
leurs pleins pouvoirs, trouvés en bonne in good and due form, have agreed on
et due forme, sont convenus des arti- the following articles:
cles suivants :
ART. 1er. Sa Majesté l'Empereur ARTICLE 1. His Majesty, the Em-
d'Autriche cède le Royaume lombard- peror of Austria cedes the Lombardo-
vénitien à Sa Majesté l'Empereur des Venetian Kingdom to His Majesty
Français, qui l'accepte.
the Emperor of the French, who ac-
cepts it.
aux
Art. 2. Les dettes qui seront re- ART. 2. The debts which shall be
connues afférentes au Royaume lom- recognized as attaching to the Lom-
bard-vénitien, conformément
bardo-Venetian Kingdom, in con-
précédents du Traité de Zurich, de- formity with the precedents of the
meurent attachées à la possession du Treaty of Zurich, shall remain at-
territoire cédé.
tached to the possessions of the ceded
territory.
1 Martens, N. R. G., vol. 18, p. 414.
680
DOCUMENTS
Elles seront fixées ultérieurement They shall be fixed ultimately by
par des Commissaires spéciaux, dé- special Commissioners, designated for
signés à cet effet par Sa Majesté l'Em- this purpose by His Majesty the Em-
pereur des Français et Sa Majesté peror of the French and His Majesty
l'Empereur d'Autriche.
the Emperor of Austria.
Art. 3. Un arrangement particu- Art. 3. A special arrangement,
lier, dont les termes seront arrêtés en- the terms of which shall be agreed
tre les Commissaires français et autri- upon between the French and Aus-
chiens autorisés à cet effet, détermi- trian Commissioners authorized for
nera, conformément aux usages mili- this purpose, shall, in conformity with
taires et en maintenant tous les égards military customs and with due regard
dus à l'honneur de l'Autriche, le mode to the honor of Austria, fix the
et les conditions de l'évacuation des method and the conditions of the evac-
places autrichiennes.
uation of the Austrian positions.
Les garnisons autrichiennes pour- The Austrian garrisons may remove
ront emporter tout le matériel trans- all transportable stores.
portable.
Un arrangement ultérieur sera con- An arrangement shall be later con-
clu par les Commissaires spéciaux, cluded by the Special Commissioners
relativement au matériel non trans- regarding stores not transportable.
portable.
ART. 4. La remise effective de ART. 4. The final restoration of
possession du Royaume lombard- the possession of the Lombardo-
vénitien par les Commissaires au- Venetian Kingdom by the Austrian
trichiens aux Commissaires français Commissioners to the French Com-
aura lieu après la conclusion de l'ar- missioners shall take place after the
rangement concernant l'évacuation des
conclusion of the arrangement con-
troupes et après que la paix aura été cerning the evacuation of troops and
signée entre Leurs Majestés l’Emper- after the peace shall have been signed
eur François-Joseph et le Roi Victor between their Majesties the Emperor
Emmanuel
Francis Joseph and King Victor
Emanuel.
Art. 5. Les commandants des ART. 5. The commanders of the
troupes autrichiennes s'entendront, Austrian troops shall come to an
pour l'exécution de ces clauses, avec understanding regarding the execu-
les autorités militaires qui leur seront tion of these clauses, with those mili-
désignées par les Commissaires fran- tary authorities who shall be desig-
çais, sauf recours, en cas de contesta- nated to them by the French Commis-
tion, auxdits Commissaires de Sa sioners, the right of appeal being re-
Majesté l'Empereur des Français. served, in case of disagreement, to
VENETIA, 1866
681
the said Commissioners of His Maj-
esty, the Emperor of the French.
ART. 6. La présente Convention ART. 6. The present Convention
sera ratifiée, et les ratifications en shall be ratified, and the ratifications
seront échangées à Vienne, dans le shall be exchanged at Vienna, within
plus bref délai possible.
the shortest possible time.
En foi de quoi les Plénipotentiaires In token of which the respective
respectifs l'ont signée et y ont apposé Plenipotentiaries have signed and af-
le cachet de leurs armes.
fixed the seals of their arms.
Fait en double expédition à Vienne, Done in duplicate at Vienna, Au-
le 24 août 1866.
gust 24, 1866.
GRAMONT.
GRAMONT.
ALEXANDRE Comte MENSDORFF- Count ALEXANDER, MENSDORFF-
POUILLY.
POUILLY.
Treaty of Peace Between Austria and Italy.Signed at Vienna, October 3,
18662
Au nom de la très-sainte et indi- In the name of the Most Holy and
visible Trinité.
Indivisible Trinity.
Sa Majesté le Roi d'Italie et Sa His Majesty the King of Italy and
Majesté l'Empereur d'Autriche ayant His Majesty the Emperor of Aus-
résolu d'établir entre leurs Etats re- tria having resolved to establish be-
spectifs une paix sincère et durable, tween their respective States an ab-
Sa Majesté l'Empereur d'Autriche solute and durable peace, His Maj-
ayant cédé à Sa Majesté l'Empereur esty the Emperor of Austria having
des Français le Royaume Lombardo- ceded to His Majesty the Emperor of
Vénitien, Sa Majesté l'Empereur des the French the Lombardo-Venetian
Français de son côté s'étant déclaré Kingdom, His Majesty the Emperor
prêt à reconnaître la réunion du dit of the French having on his part de-
Royaume Lombardo-Vénitien clared himself ready to recognize the
Etats de Sa Majesté le Roi d'Italie, union of the said Lombardo-Venetian
sous réserve du consentement des Kingdom to the States of His Maj-
populations dûment consultées : Sa esty the King of Italy, under the
Majesté le Roi d'Italie et Sa Majesté reservation of the consent of the
l'Empereur d'Autriche ont nommé populations, duly consulted: His
pour leurs Plénipotentiaires, savoir : Majesty the King of Italy and His
1 British and Foreign State Papers, vol. 56, p. 700.
2 Ratifications exchanged October 12, 1866.
aux
682
DOCUMENTS
Majesty the Emperor of Austria have
appointed as their Plenipotentiaries,
that is to say:
Sa Majesté le Roi d'Italie, le Sieur His Majesty the King of Italy, the
Louis-Frédéric Comte Menabrea : ... Sieur Louis Frederic, Count Mena-
brea,
Sa Majesté l'Empereur d'Autriche, His Majesty the Emperor of Aus-
le Sieur Félix Comte Wimpffen; tria, the Sieur Félix, Count Wimpf-
fen;
Lesquels, après avoir échangé leurs Who, having exchanged their full
pleins pouvoirs respectifs, trouvés en and respective powers, found in good
bonne et due forme, sont convenus and due forın, have agreed on the fol-
des articles suivants :
lowing articles :
I. Il y aura, à dater du jour de I. There shall be peace and friend-
l'échange des ratifications du présent ship between His Majesty the King
Traité, paix et amitié entre Sa Ma- of Italy and His Majesty the Em-
jesté le Roi d'Italie et Sa Majesté peror of Austria, their heirs and suc-
l'Empereur d'Autriche, leurs héritiers
cessors, their respective States and
et successeurs, leurs Etats et sujets subjects, from the date of exchange
respectifs, à perpétuité.
of ratifications of the present treaty,
forever.
II. Les prisonniers de guerre Ital- II. The Italian and Austrian pris-
iens et Autrichiens seront immédiate- oners of war shall be immediately re-
ment rendus de part et d'autre. turned by each side.
III. Sa Majesté l'Empereur d'Au- III. His Majesty the Emperor of
triche consent à la réunion du Austria consents to the union of the
Royaume Lombardo-Vénitien Lombardo-Venetian Kingdom to the
Royaume d'Italie.
Kingdom of Italy.
IV. La frontière du territoire cédé IV. The frontier of the territory
est déterminée par les confins adminis- ceded is determined by the present ad-
tratifs actuels du Royaume Lom- ministrative boundaries of the Lom-
bardo-Vénitien.
bardo-Venetian Kingdom.
Une Commission militaire instituée A Military Commission instituted
par les deux Puissances Contractantes by the Contracting Powers shall be
sera chargée d'exécuter le tracé sur le charged with drawing the boundary
terrain dans le plus bref delai possible. line on the spot, in the shortest pos-
sible time.
ali
XXIV. Le présent Traité sera
ratifié et les ratifications en seront
XXIV. The present treaty shall
be ratified and the ratifications ex-
VENETIA, 1866
683
échangées à Vienne dans l'espace de changed at Vienna within the space of
15 jours ou plus tôt si faire se peut. 15 days or sooner if possible.
En foi de quoi les Plénipotentiaires In token of which the respective
respectifs l'ont signé et y ont apposé Plenipotentiaries have signed it and
le sceau de leurs armes.
have affixed the seal of their arms,
Fait à Vienne, le 3 du mois d'Oc- Done at Vienna, on October 3d in
tobre, de l'an de grâce, 1866.
the Year of Grace, 1866.
(L. S.) MENABREA.
(L. S.) MENABREA.
(L. S.) WIMPFFEN.
(L. S.) WIMPFFEN.
Report by the President of the Council to Victor Emanuel Recommending
that a Plebiscite be Held in the Venetian Provinces. October 7, 18661
Sire. Il vostro Regno, con esem- Sire: Your Kingdom, a sole ex-
pio unico nella Storia, crebbe e s'in- ample in history, grew and was en-
grandi per consenso spontaneo dei larged by the spontaneous consent of
Popoli ansiosi di dare all'idea na- the peoples who were anxious to give
zionale una forma che ne assicurasse to the national idea a form which
lo svolgimento, e fosse all'Europa una should insure its development and be
guarentigia d'ordine e di civiltà.
to Europe a guarantee of order and
civilization.
I vostri Padri avevano custodito Your fathers had always guarded
sempre l'indipendenza d'Italia, edu- the independence of Italy, had edu-
cato civilmente i popoli a loro com- cated politically the peoples commit-
messi, dotandoli insieme di civili isti- ted to their care, and endowed them
tuzioni.
at the same time with civil institutions.
Il vostro augusto Genitore li resti- Your august parent restored them
tuì a libertà mentre si faceva campione tu liberty while he made himself the
d'Italia; e Voi, Sire, seguendo l'esemn- champion of Italy; and you, Sire, fol-
pio degli Avi, calcaste le orme del lowing the example of your ancestors,
padre, e foste fermo e leale manteni- trod in the footsteps of your father
tore delle sue promesse e magnanimo and were a firm and loyal keeper of
continuatore della sua opera.
his promises and a magnanimous con-
tinuer of his work.
Queste virtù della vostra Dinastia e These virtues of your dynasty and
Vostre meritarono che le popolazioni of Yourself deserved that the Italian
Italiane scuotendo la soggezione stra- peoples, in shaking off foreign sub-
1 Collezione Celerifera delle Leggi, Decreti, Instruzioni e Circolari pubblicate nell'Anno
1866, pt. 2, p. 1770.
684
DOCUMENTS
niera si riunissero intorno al vostro jection, should unite around your
Trono, e formassero sotto il vostro throne, and form the Kingdom of
scettro costituzionale il Regno d'Italia. Italy under your constitutional scep-
ter.
Da quel momento il diritto na- From that moment the national
zionale fu costituito, ma non si potè right was established, but it could not
estendere su tutta l'Italia. Rimase in be extended over all Italy. A most
soggezione straniera una parte nobilis- noble part of the Peninsula remained
sima della Penisola, che pure aveva 1:nder foreign subjection, although it
fatto eroici sforzi per liberarsene sino had made heroic efforts to liberate
dal 1848; manifestando fin d'allora la itself ever since 1848; manifesting
volontà di unirsi al vostro Regno, con- from that time a determination to
fermando, e poi consacrando il suo unite with your Kingdom, confirming
voto con diciasette anni di resistenza and substantiating its desire by seven-
e di patimenti.
teen years of resistance and suffering.
La Nazione costituita considerò The Nation, thus constituted,
quindi la Venezia per medesimezza di therefore considered Venice, owing to
stirpe, di lingua e di sentimenti come identity of race, language and senti-
parte integrante di sè, e colle dichiara- mients, as an integral part of itself,
zioni del Governo di V. M., colle de- and, through the declarations of Your
liberazioni del Parlamento, cogli ap- Majesty's Government, through the
parecchi di guerra fece sempre aperta deliberations of
of Parliament, and
la sua indeclinabile volontà di ricupe- through military preparations, it al-
rarla.
ways openly manifested its unshaken
determination to recover it.
Oggi le cause per le quali la Venezia To-day the causes owing to which
viveva seperata innaturalmente dall' Venice lived unnaturally separate
Italia sono venute a cessare, ed ella è from Italy have ceased to exist, and
per essere restituita in grembo alla it is about to be restored to the bosom
Nazione.
of the Nation.
Ora il vostro Governo prega
la Now your Government requests
M. V. a voler consentire che i Veneti Your Majesty to kindly consent to
siano chiamati a confermare la loro having the Venetians called upon to
volontà per mezzo di plebiscito. . conform their will by means of a
plebiscite.
Il Governo di V. M. giudica con- Your Majesty's Government deems
veniente di rendere omaggio, anche in it suitable to do homage, on this oc-
questa occasione, al principio onde casion also, to the principle on which
s'informa il nostro diritto nazionale. is based our national right. All the
Tutte le altre popolazioni del Regno other peoples of the Kingdom of Italy
d'Italia furono chiamate prima o poi were called upon at first or after-
.
VENETIA, 1866
685
a questa solenne manifestazione, la wards to make this solemn manifesta-
quale non potè compiersi nel 1848 se tion, which in 1848 could be but im-
non imperfettamente dai Veneti; vi perfectly carried out by the Vene-
furono chiamate, quantunque avessero tians; they were nevertheless called
in altra forma, la cui efficacia non lipon to do it even though they had
sarebbe potuta mettere in dubbio, expressed their desires in another
espresso i loro voleri.
manner, whose effectiveness could not
have been placed in doubt.
Non sembra pertanto al Governo di It therefore does not seem to Your
V. M. che ai Veneti si debba chiuder Majesty's Government that the way
la via di entrare nella famiglia italiana ought to be closed to the Venetians to
al medesimo patto degli altri popoli enter the Italian family by the same
della Penisola, e di proclamare anche compact as the other peoples of the
una volta, nel modo più solenne e più Peninsula, and to proclaim once more,
indiscutibile, quella italianità, che in the most solemn and indisputable
nonostante lunghe e durissime prove manner, that Italian nationality which
confessarono sempre.
in spite of long and exceedingly hard
trials they have always professed.
Ad una Nazione nuova, e che non For a new Nation which has not yet
raccolse ancora in uno tutte le sue gathered into its folds all its mem-
membra, con
onviene più che alle altre di bers, it is more suitable even than for
affermare in ogni modo ed in ogni others that the new right should be
occasione il diritto nuovo; il quale sic- affirmed in every way and on every
come le fu argomento del suo primo occasion; which right, inasmuch as it
costituirsi, così le sarà argomento di served it as an argument when it was
compiersi.
first constituted, will also serve it as
an argument upon its becoming com-
pleted.
Per questi motivi i sottoscritti For these reasons the undersigned
hanno l'onore di sottoporre alla au- have the honor to submit to Your
gusta sanzione di V. M. il seguente Majesty's august sanction the follow-
Decreto, col quale i popoli ora li- ing Decree, whereby the peoples now
berati dalla soggezione straniera sono liberated from foreign subjection are
convocati nei Comizi per dichiarare convoked in popular assemblies in or-
la loro volontà di far parte del Regno der to declare their desire to form part
d'Italia.
of the Kingdom of Italy.
686
DOCUMENTS
Royal Decree Convoking the Popular Assemblies of the Venetian Provinces 1
VITTORIO EMMANUELE II
VICTOR EMANUEL II
RE D'ITALIA
KING OF ITALY
Sulla proposta del Presidente del I, Victor Emanuel II, King of
Consiglio dei Ministri Ministro dell' Italy, on the recommendation of the
Interno e del Ministro Guardasigilli President of the Council and Minis-
abbiamo decretato e decretiamo: ter of the Interior and of the Min-
ister Guardian of the Seals, have de-
creed and do hereby decree:
ART. 1. I cittadini delle Provincie ARTICLE 1. The citizens of the
Italiane libertate dall'occupazione aus- Italian Provinces liberated from Aus-
triaca sono convocati nei Comizi nei trian occupation are hereby convoked
giorni 21 e 22 ottobre per dichiarare in popular assemblies on October 21
la loro volontà sulla formula seguente: and 22 for the sake of declaring their
will in the following form:
Dichiariamo la nostra unione al “We declare our union with the
Regno d'Italia sotto il Governo mo- Kingdom of Italy under the mon-
narchico-costituzionale del Re Vit- archico-constitutional Government of
torio Emmanuele II e de'suoi succes- King Victor Emanuel II and his suc-
sori.'
cessors."
Il voto sarà espresso per sì e per no
The vote shall be expressed by yeas
col mezzo di un bollettino manoscritto and nays by means of a written or
o stampato. Le schede portanti altre printed ticket. All ballots containing
dichiarazioni sono nulle.
other declarations shall be null and
void.
2. Contemporaneamente alla pub- 2. Simultaneously with the publi-
blicazione del presente Decreto le cation of the present decree, the rep-
Rappresentanze Municipali delle sud- resentative municipal bodies of the
dette Provincie indicheranno l'ora ed aforesaid Provinces shall indicate the
il luogo nel quale sarà aperto lo scru- hour and place at which the voting
tinio; ecciteranno tutti i cittadini a shall be begun; they shall urge all the
rendere il loro voto, e daranno tutte le citizens to cast their vote, and shall
altre disposizioni convenienti perchè take all other appropriate measures in
la manifestazione del suffragio na- order that the national suffrage may
zionale riesca libera e solenne.
be freely and solemnly exercised.
3. Le Congregazioni Municipali 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
687
hanno facoltà di dividere il Comune have a right to divide the commune
in quel numero di sezioni che crede- into such number of sections as they
ranno opportuno.- Le stesse facoltà shall deem suitable. The same priv-
apparterranno alle Giunte Municipali ileges shall belong to the municipal
o Deputazione Comunali dei Comuni boards or communal deputations of
divisi in frazioni, o che contassero più the communes divided into fractions,
di cinquecento votanti.
or which number more than fifty vot-
ers.
4. Le Rappresentanze Municipali 4. The representative municipal
incaricheranno cinque probi elettori bodies shall charge five trustworthy
di presiedere il Comizio del Comune electors with the duty of presiding
o di ciascuna delle sue sezioni.— Essi
over the assembly of the commune and
saranno scelti possibilmente fra i of each of its sections. They shall be
membri del Consiglio Comunale, dove chosen, if possible, from among the
questo esiste; nomineranno nel proprio members of the communal council,
seno il Presidente, potranno farsi as- where such exists; they shall appoint
sistere da un Segretario scelto fra i a president from among their own
votanti.— Tre almeno dei membri del members, and may engage the assist-
Seggio così composto si troveranno ance of a secretary chosen from
sempre presenti alla votazione.
among the voters. At least three of
the menibers of the board thus formed
shall always be present at the voting.
5. Nei giorni stabiliti per la vota- 5. On the days set for voting, all
zione tutti gli Italiani delle dette Prov- the Italians of the said Provinces who
incie, che hanno compiuto gli anni 21, have reached the age of 21 years, have
sono domiciliati da sei mesi nel Co-
been domiciled for six months in the
mune, e non subirono condanna per Commune, and have not been sen-
crimine, o per furto o truffa, si pre- tenced for any crime, including lar-
sentano per dare il loro voto.— Il suf-
ceny or false pretenses, shall appear in
fragio è dato per schede a scrutinio order to cast their vote.
The voting
segreto.
shall be by secret ballot.
6. Ogni votante, dichiarando il pro- 6. Each voter, after declaring his
prio nome e cognome, consegnerà al christian and family name, shall de-
Presidente la propria scheda.- Ove liver his ballot to the president.
sorga il dubbio intorno alla sua amis-
When any doubt arises as to his ad-
sibilità all'esercizio del diritto di voto, missibility to the exercise of the right
il Seggio, quando non basta la sem- of suffrage, the board, if public
plice notorietà, decide colla scorta dei knowledge is not sufficient, shall de-
registri anagrafici, facendone men- cide on the basis of the census regis-
zione nel verbale. Contro questa de- ters, making a note of the fact in the
cisione non è ammesso reclamo. Il record. No appeal shall lie against
688
DOCUMENTS
Presidente deponendo la scheda nell' this decision. The president, depos-
urna farà notare da uno dei compo- iting the ballot in the urn, shall state
nenti il Seggio o dal Segretario il the name of the voter to one of the
nome del votante.
members of the board or to the sec-
retary.
7. Alle ore cinque del giorno 21 7. At 5 o'clock P. M. on the 21st,
l'urna sarà pubblicamente suggellata 'the urn shall be publicly sealed by the
dai componenti il Seggio, i quali sono members of the board, who shall be
responsabili dalla sua custodia e della responsible for its keeping and for the
integrità dei suggelli durante la notte. integrity of the seals during the night.
8. In ambedue i giorni il Presidente 8. On both days the president shall
stenderà verbale dello scrutinio.
draw up a record of the voting.
9. Chiuso lo scrutinio segreto del 9. When the secret balloting is
giorno 22, le urne suggellate ed i ver- terminated on the 22d, the urns sealed,
bali redatti a termini dei precedenti and the records drawn up according to
articoli saranno dal Presidente e da the foregoing articles, they shall be
due almeno dei membri del Seggio accompanied by the president and at
accompagnati alla Pretura, nella cui least two members of the board to the
giurisdizione è compresso il Comune, praetor's office in whose jurisdiction
e consegnati al Pretore, il quale in- the commune is situated, and deliv-
sieme con essi e pubblicamente fa lo ered to the praetor, who, together
spoglio dei voti, redigendone verbale. with them, and publicly, shall count
the votes, drawing up a formal minute
of the act.
10. Tutti gli Italiani delle Provin- 10. All Italians of the liberated
cie liberate che si trovassero, o per provinces who, for reasons of public
ragioni di pubblico servizio, o per service or any other reasons, are situ-
qualsiasi altro motivo in qualunque ated in any part of the Kingdom, may
parte del Regno, potranno presentarsi appear before the praetor of the dis-
al Pretore del mandamento, nel quale trict in which they reside and declare
dimorano, e dichiarare per iscritto la in writing their will on the form indi-
loro volontà sulla formola indicata cated in Art. 1 of the present decree.
nell'art. 1º del presente Decreto.
11. I Pretori che avessero operato 11. The praetors who have made
lo spoglio della votazione o ricevute the count of the vote or received the
le dichiarazioni nei sensi dei due prece- declarations according to the meaning
denti articoli, trasinetteranno imme- of the two preceding articles, shall
diatamente i verbali da loro firmati, immediately transmit the minutes
che constatano il risultato della vota- signed by them and stating the result
zione, alla Presidenza del Tribunale
of the vote, to the president of the
VENETIA, 1866
689
di Appello di Venezia. Gli altri atti Court of Appeals of Venice. The
saranno conservati nell'archivio della other documents shall be preserved in
Pretura.
the archives of the praetor's office.
12. Nel giorno 27 ottobre il Tri- 12. On October 27 the Court of
bunale di Appello di Venezia, radu- Appeals of Venice, convened in pub-
nato in seduta pubblica, eseguirà lo lic session, shall make a general count
spoglio generale dei risultati parziali, of the partial returns and transmit the
e lo trasmetterà immediatamente al result immediately to the Minister of
Ministro della Giustizia.
Justice.
13. Le funzioni domandate dal pre- 13. The duties required by the pres-
sente Decreto alle Preture saranno ent decree of the praetor's offices
nelle città esercitate dalle Preture ur- shall be performed in the cities by the
bane e civili.
urban and civil praetors.
Ordiniamo, ecc.
We ordain, etc.
Dato a Firense addi 7 ottobre 1866.
Given at Florence, October 7, 1866.
VITTORIO EMANUELE RICASOLI VICTOR EMANUEL, RICASOLI, BOR-
BORGATTI.
GATTI.
Formal Minute of the Delivery of Venetia to Venetian Authorities by the
French Commissioner. Signed at Venice, October 19, 1866 1
L'an 1866, le 19 octobre, à huit In the year 1866, on the 19th of
heures du matin, se sont réunis: d'une October, at eight o'clock in the morn-
part, M. le général de division Le ing, there were met: on the one part,
Boeuf, aide de camp de S. M. l'Em- General of Division Le Boeuf, aide-
pereur des Français, grand officier de-camp of His Majesty the Emperor
de l'ordre impérial de la Légion d'hon- of the French, Grand Officer of the
neur, etc., Commissaire de Są Ma- Imperial Order of the Legion of
jesté en Vénétie;
Honor, etc., Commissioner of His
Majesty in Venetia ;
Et d'autre part, M. le comte Luigi And on the other part, Count Luigi
Michiel, M. le chevalier Edouard de Michiel, Chevalier Edouard de Betta
Betta et le docteur Achille Kelder, and Doctor Achille Kelder, forming a
formés en commission;
commission;
Et là M. le général Le Boeuf a And thereupon General Le Boeuf
prononcé l'allocution suivante : pronounced the following address:
“Messieurs, délégué par l'Em- “Gentlemen, delegated by the Em-
1 Martens, N, R. G., vol. 18, p. 418.
690
DOCUMENTS
pereur Napoléon III pour recevoir des peror Napoleon III to receive from
autorités militaires autrichiennes les the Austrian Military authorities the
forteresses et territoires de vos pro- fortresses and territories of your
vinces, il me reste à remettre en vos provinces, it remains for me to de-
mains les droits qui ont été cédés à Sa liver into your hands the rights which
Majesté. C'est pour accomplir cette have been ceded by His Majesty. It
dernière partie de sa tâche que je vous is in order to accomplish this last part
ai convoqués.
of my task that I have convoked you.
"Vous savez déjà dans quel but “You know already for what pur-
l'Empereur a accepté la cession de la pose the Emperor has accepted the
Vénétie. Sa Majesté s'en est ex- cession of Venetia. His Majesty has
pliqué dans une lettre adressée, en date explained it in a letter sent under date
du 11 août, au roi d'Italie, et pour of August 11th to the King of Italy,
vous instruire des intentions de mon and in order to inform you as tu the
auguste Souverain, je ne saurais intentions of my august Sovereign,
mieux faire que de vous donner lec- I can do no better than to read to you
ture de ce document:
this document:
* Monsieur mon frère,-- J'ai ap- *Exalted Brother - I have learned
pris avec plaisir que Votre Majesté with pleasure that Your Majesty has
avait adhéré à l'armistice et aux pré- adhered to the armistice and to the
liminaires de paix signés entre le Roi preliminaries of peace signed between
de Prusse et l'Empereur d'Autriche. the King of Prussia and the Em-
Il est donc probable qu'une nouvelle peror of Austria. It is thus probable
ère de tranquillité va s'ouvrir pour
that a
era of tranquillity is
l'Europe. Votre Majesté sait que j'ai about to dawn for Europe. Your
accepté l'offre de la Vénétie pour la Majesty knows that I have accepted
préserver de toute dévastation et pré- the offer of Venetia in order to pre-
venir une effusion de sang inutile. serve it from any devastation and to
Mon but a toujours été de la rendre prevent a useless shedding of blood.
à elle-même afin que l'Italie fût libre My object has always been to deliver
des Alpes à l'Adriatique. Maîtresse it over to itself so that Italy, might be
de ses destinées, la Vénétie pourra free from the Alps to the Adriatic.
bientôt par le suffrage universel ex- Mistress of her destinies, Venetia will
primer sa volonté.
be able shortly, by universal suffrage,
to express her will.
· Votre Majesté reconnaîtra que, 'Your Majesty will recognize that,
dans ces circonstances, l'action de la in these circumstances France is again
France s'est encore exercée en faveur acting in the interest of humanity and
de l'humanité et de l'indépendance des of the independence of peoples.
peuples.
'Je vous renouvelle l'assurance des
'
Reaffirming my sentiments of high
new
VENETIA, 1866
691
sentiments de haute estime et de sin-
cère amitié avec lesquels je suis
* De Votre Majesté Le bon frère
6
esteem and of sincere friendship, I
remain
Your Majesty's well disposed
brother
NAPOLEON.
‘Saint Cloud, August 11th, 1866.''
' NAPOLÉON.
Saint-Cloud, le 11 août 1866.'”
" Messieurs, l'Empereur connaît “Gentlemen, the Emperor has long
depuis longtemps les aspirations de been aware of the aspirations of your
votre pays.
Sa Majesté sait qu'il dé- country. His Majesty knows that it
sire être réuni aux Etats du Roi Vic- desires to be united with the States
tor-Emmanuel, avec qui Elle a com- of King Victor Emmanuel, by whose
battu naguère pour l'affranchissement side it has lately fought for the en-
de l'Italie. Mais, par respect pour
le franchisement of Italy. But, out of
droit des nationalités et pour la dig- respect for the right of nationalities
nité des peuples, l'Empereur a voulu and the dignity of peoples, the Em-
laisser aux Vénitiens le soin de mani-
peror has wished to leave to the Veni-
fester leur væu. Ils sont dignes de tians the function of manifesting their
comprendre cet hommage rendu à la will. They can be trusted to under-
souveraineté populaire sur laquelle re- stand this homage rendered to that
posent les gouvernements de la France popular sovereignty on which are
et de l'Italie. L'Empereur témoigne founded the governments of France
ainsi une fois de plus de son respect and of Italy. The Emperor thus once
pour les principes qu'il s'est toujours more gives testimony of his respect
fait un honneur de défendre, et des for the principles which he has always
sentiments d'amitié dont il a donné made it a point of honor to defend,
des marques réitérées à toute la Pénin- and of the sentiments of friendship
sule. Sa Majesté est heureuse d'avoir of which he has given reiterated
secondé, par les efforts de sa politique, proofs to the whole Peninsula. His
le patriotisme et le courage de la na- Majesty is happy to have aided,
tion italienne.”
through his policy, the patriotism and
courage of the Italian nation."
M. le comte Michiel, au nom des Count Michiel, in the name of the
membres de la commission, a répondu members of the commission, an-
en italien dans les termes suivants : swered in Italian, in the following
terms:
Quand, en 1859, les armées alliées “When, in 1859, the allied armies
triomphèrent en Lombardie de nos op- triumphed over our oppressors in
presseurs, nous croyions, au cri: des Lombardy, we believed that by the cry,
Alpes à l'Adriatique, notre salut 'The Alps to the Adriatic' our safety
achevé; la main glacée de la diploma- was achieved; the icy hand of diplo-
692
.DOCUMENTS
us.
tie nous enleva cette certitude. Mais macy took away this certainty from
cette main n'a pu comprimer les batte- But that hand could not subdue
ments du cæur de ce peuple, qui a the heart-beats of this people, who
redoublé les sacrifices, confiant dans have redoubled their sacrifices, trust-
son avenir qui était l'avenir de l'Italie, ing in their future which was the fu-
ni détourner son puissant allié de co- ture of Italy, nor could it deflect its
opérer à la délivrance de ceux qui powerful ally from cooperating in the
avaient su s'en montrer dignes.
deliverance of those who had known
how to show themselves worthy of it.
Nous, et avec nous tous les Véni- “We, and with us all Venetians,
tiens, nous vénérons l'oeuvre de la venerate the work of Providence and
Providence et nous remercions le ma- give thanks to the magnanimous ally
gnanime allié de notre bienaimé Roi, of our beloved King, who, by his pow-
qui, pendant que l'on versait un sang erful mediation, while generous blood
généreux sur les champs de bataille, a was still being shed on the battlefield,
hâté, par sa puissante médiation le has hastened the moment of our in-
moment de notre indépendance et la dependence and union with the King-
réunion au royaume d'Italie.”
dom of Italy."
Ensuite, M. le général Le Boeuf a General Le Boeuf thereupon re-
pris de nouveau la parole, et a déclaré sumed his address and made the fol-
ce qui suit:
lowing statement :
“Au nom de S. M. l'Empereur des In the name of H. M. the Em-
Français, et en vertu des pleins pou- peror of the French, and by virtue of
voirs et mandements qu'il a daigné the full and mandatory powers which
nous conférer,
he has been pleased to confer upon us,
"Nous général de division Le we, General of Division Le Boeuf,
Boeuf, aide de camp de S. M. l’Em- Aide-de-camp to H. M. the Emperor
pereur des Français, grand officier de of the French, Grand Officer of the
l'Ordre impérial de la Légion d'honi- Imperial Order of the Legion of
neur, etc., etc., Commissaire de Sa Honor, etc., etc., Commissioner of
Majesté en Vénétie;
His Majesty in Venetia;
“Vu le Traité signé à Vienne, le 24 "In view of the Treaty signed at
août 1866, entre S. M. l'Empereur Vienna, August 24, 1866, between
des Français et S. M. l'Empereur H. M. the Emperor of the French
d'Autriche, Roi de Hongrie et de Bo- and H. M. the Emperor of Austria,
hême, etc., etc., au sujet de la Véné- King of Hungary and of Bohemia,
tie;
etc., etc., on the subject of Venetia;
“Vu la remise qui nous a été faite In view of the delivery of the said
de ladite Vénétie, le 16 octobre 1866, Venetia, which has been made to us
par M. le général Moering, comman- on October 16, 1866, by General
deur de la Couronne de fer, etc., etc., Moëring, Commander of the Iron
VENETIA, 1866
693
Commissaire de S. M. l'Empereur Crown, etc., etc., Commissioner of
d'Autriche en Vénétie;
H. M. the Emperor of Austria in
Venetia;
“ Déclarons remettre la Vénétie à "We declare the delivery of Vene-
elle-même pour que les populations, tia to herself in order that the people,
maîtresses de leur destinée, puissent mistress of their destinies, shall be
exprimer librement, par le suffrage able, by universal suffrage, to freely
universel, leurs vœux au sujet de l'an- express their wishes on the subject of
nexion de la Vénétie au Royaume the annexation of Venetia to the
d'Italie."
Kingdom of Italy.”
De son côté, M. le comte Michiel, On his part Count Michiel, in the
au nom de la commission, a déclaré name of the Commission, makes due
donner acte à M. le général Le Boeuf acknowledgment to General Le Boeuf
de la remise faite de la Vénétie à elle- of the delivery made of Venetia to
même au nom de S. M. l'Empereur herself in the name of H. M. the Em-
des Français dans les termes et aux peror of the French under the terms
clauses énoncés ci-dessus.
and the conditions announced above. .
En foi de quoi, le présent procès-
In token of which the present
verbal, qui sera déposé aux archives formal minute, which shall be de-
nationales, a été signé par le Commis- posited in the national archives, has
saire de S. M. l'Empereur des Fran- been signed by the Commissioner of
çais, et par MM. les membres de la H. M. the Emperor of the French,
commission.
and by the Members of the Commis-
sion.
Fait en double expédition à Venise, Done in duplicate, at Venice, Oc-
le 19 octobre 1866.
tober 19, 1866.
Le Commissaire de S. M. l’Em- Commissioner of H. M. the Em-
pereur des Français,
peror of the French,
Général LE BOEUF.
GENERAL LE BOEUF,
Étaient présents et ont signé:
Present and witnesses :
LÉON PILLET, consül général de LEON PILLET, Consul-General of
France; le capitaine de frégate, E. France; the captain of frigate, E.
VICARY.
VICARY
Les membres de la commission: Members of the Commission:
LUIGI MICHIEL, EDOARDO DE BETTA, LUIGI MICHIEL, EDOARDO DE BETTA,
ACHILLE KELDER.
ACHILLE KELDER.
Le capitaine de vaisseau, J. DE SUR- Sea captain, J. DE SURVILLE.
VILLE.
694
DOCUMENTS
Formal Minute of the Result of the Plebiscite of the Venetian and Mantuan
Provinces. October 27, 1866 1
In Venezia, addì 27 ottobre 1866, Venice, October 27th, 1866, at 9
ore 9 antimeridiane, nella Sala detta o'clock A. M. in the Sala dello Scru-
dello Scrutinio, nel Palazzo Ducale. tinio, in the Doge's Palace.
L'art. 12 del Reale Decreto 7 otto- Article 12 of the Royal Decree of
bre 1866 commette a questo Tribunale the 7th of October, 1866, instructed
di Appello di procedere oggidì in Se- this Court of Appeals to proceed to-
duta pubblica allo spoglio generale dei day in public session to the general
risultati parziali delle votazioni già count of the partial results of the vot-
seguite a’sensi dell'art. 1 dello stesso irg already executed, according to the
Decreto nei Comizi dei Cittadini delle tenor of Article I of the same decree
Provincie Italiane testè liberate dalla by the citizens of the Italian prov-
occupazione Austriaca, convocati nei inces just liberated from the occupa-
giorni 21 e 22 ottobre andante, per tion of Austria, met in popular as-
dichiarare la loro volontà sulla semblies, convoked on the 21st and
formula:
22nd day of October last, to declare
their will in the formula:
“Dichiarianio la nostra unione al “We Declare our Union with the
Regno d'Italia sotto il governo mon- Kingdom of Italy under the Constitu-
archico-costitusionale del Re Vittorio tional Monarchical Government of
Enmanuele II e de' suoi successori.” King Victor Emanuel II and His Suc-
cessors."
Ai risultati parziali di quelle vota- To the partial result of this voting
zioni debbono eziandio aggiungersi i there ought also to be added the votes
voti degli Italiani delle Provincie teste of the Italians of the provinces just
liberate, che, dimorando in altra parte liberated, who, living in other parts
del Regno, hanno dichiarata per is- of the Kingdom, have registered their
critto la loro volontà innanzi al Pre- votes with the praetor in the district
tore del Mandamento della loro di- in which they reside, in conformity
mora, giusta l'art. 10 del citato De- with article 10 of the aforementioned
creto 7 ottobre.
decree of October 7th.
Per ottemperare al Decreto ed in In order to comply with the decree
conformità degli Avvisi ieri pubbli- and in order to work in conformity
cati, il Tribunale di Appello mosse dal with the notification made public yes-
Palazzo di sua residenza alle ore 81/2 terday, the Court of Appeals moved
di questa mattina, recando seco sug- from its palace of residence at 8:30
1 Le Assemblee, vol. 2, pp. 727–730.
VENETIA, 1866
695
gellati gli spogli parziali ed i Verbali this morning, bringing with it sealed,
pervenuti dalle diverse Preture e si the partial results and the official re-
trasferì nel Palazzo Ducale, dove ports of the decisions arrived at in
prese seggio nella sala detta dello the several administrative districts
Scrutinio.
and transferred itself to the Ducal
Palace, where it took its position in
the Sala dello Scrutinio.
Seggono in Tribunale:
There were sitting in the Court:
S. E. il Signor Comm. Sebastiano His Excellency, the Commendatore
Tecchio, Presidente ed i Signori Con- Sebastiano Tecchio, President, and
siglieri d'Appello:
the Councillors of Appeal:
GIUSEPPE Nob. MUTINELLI
GIUSEPPE MUTINELLI
Dott. PIETRO BOLDRIN
Dr. PIETRO BOLDRIN
LODOVICO LAZZARONI
LODOVICO LAZZARONI
CARLO COMBI
Carlo COMBI
Dott. ABBONDIO PRADELLI
Dr. ABBONDIO PRADELLI
PAOLO CASTAGNA
PAOLA CASTAGNA
Giov. BATT. EDERLE
Giov. Batt. EDERLE
ANGELO Nob. Bosio
ANGELO Bosio
ANGELO Nob. RIDOLFI
ANGELO RIDOLFI
Cav. GIUSEPPE RUFFONI
Cav. GIUSEPPE RUFFONI
GIUSEPPE GRUBISSICH
GIUSEPPE GRUBISSICH
Dott. GIOVANNI BRUGNOLO
Dr. GIOVANNI BRUGNOLO
ANTONIO CARRARO
ANTONIO CARRARO
Dott. VINCENZO SELLENATI
Dr. VINCENZO SELLENATI
Dott. FRANCESCO PROVASI
Dr. FRANCESCO PROVASI
Dott. ANGELO PUCCINALI, Con- Dr. ANGELO PUCCINALI, Councillor
sigliere del Trib. Comm. Marittimo di of the Maritime Commercial Tri-
Venezia, Sussidiario presso l'Appello. bunal of Venice, temporarily attached
to the Court of Appeal.
Il Pubblico Ministero è rappresen- The State is represented by the
tato dal Sostituto Procuratore Su- Deputy Attorney General of the State,
periore di Stato Dott. VALENTINO Doctor VALENTINO FORLATTI.
FORLATTI.
Tengono ufficio di Segretari d'Ap- The following gentlemen served as
pello:
Secretaries of the Court of Appeals:
Il signor Aggiunto Segretario FE- The noble FEDERICO GAMBERT, As-
DERICO Nob. GAMBERT, l'Aggiunto in sistant Secretary, Doctor ANTONIO
sussidio Sig. Dott. ANTONIO PASINI, PASINI, Deputy Assistant Secretary
ed i Signori ASCOLTANTI in sussidio and Drs. EMILIO FEDERICI and Ja-
696
DOCUMENTS
Dottor EMILIO FEDERICI E JACOPO COPO SCOLARI, Auditors, temporarily
SCOLARI.
appointed.
Per invito del Presidente interven- At the invitation of the President
nero ad assistere alla giudiziale Se- there were present to aid in the judi-
duta:
cial session:
Il Consigliere dei Conti Signor The Councillor of Accounts, PIE-
PIETRO GIANASSO ed i Signori Uffi- TRO GIANASSO, and the Auditors, An-
ciali Contabili ANTONIO LOCATELLI, TONIO LOCATELLI, GAETANO ZER-
GAETANO ZERBETTI e PAOLO ALBANI. BETTI and PAOLO ALBANI.
La parte della Sala non occupata The part of the hall not occupied by
dal Tribunale è aperta al pubblico ac- the Tribunal was open to the public.
cesso.
Hanno posti distinti i Consoli delle There were present, occupying spe-
Potenze estere residenti in Venezia, i cial places, the Consuls of the foreign
Rappresentanti le Autorità Politica, Powers residing in Venice, the Repre-
Giudiziaria e Militare del Regno, il sentatives of the Political, Judicial,
Municipio, l'Istituto Veneto di Sci- and Military Authority of the King-
enze, Lettere e Arti ed altri Corpi ac- dom, the Municipality, the Venetian
cademici, i Capi dell'Istruzione pub- Institute of Sciences, Literature and
blica, gli Avvocati, Notai, Giornalisti Art and other academic bodies, the
ed altre persone specialmente invitate. Directors of Public Instruction, bar-
Il servizio d'onore e d'ordine è af- risters, solicitors, journalists and
fidato alla Guardia Nazionale.
other people, specially invited. The
guard of honor was provided by the
National Guard.
Il Presidente, ordinato che sieno
The President, having given orders
deposti sul banco, suggellati quai sono, that the partial counts of ballots and
gli spogli parziali e relativi documenti
the documents concerning them which
pervenuti dalle diverse Preture, e have come from the various praetor-
dichiarando aperta la Seduta, pronun- ships should be deposited on the bench,
ciò queste parole:
sealed as they are, and having declared
the meeting open, spoke as follows:
SIGNORI!
GENTLEMEN!
Il Tribunale di Apello, al quale ho The Court of Appeals, over which
l'onore di presiedere, è oggi chiamato I have the honor of presiding, is sum-
all'ufficio di riconoscere mediante lo moned today to the duty of discover-
spoglio generale delle votazioni par- ing through the general count of the
ziali, se i Cittadini delle Provincie partial votes, whether the citizens of
testè liberate dall'occupazione Aus- the provinces recently freed from
triaca siensi pronunciati, e con quanta Austrian occupation have decided,
VENETIA, 1866
697
pienezza di consentimento, sulla for- and with what fulness of assent, on the
mola scritta nel Reale Decreto 7 otto- formula inscribed in the Royal De-
bre andante: Dichiariamo la nostra cree of October 7 of the current year:
unione al Regno Monarchico-Costitu- "We Declare Our Union with the
zionale del Re Vittorio Emanuele II Monarchical Constitutional Kingdom
e de'suoi Successori.
of King Victor Emanuel II and of
His Successors.'
Più nobile e gradito ufficio di co- A nobler and more welcome duty
desto non poteva venirci commesso; than this could not have been im-
avvegnachè, ezandio prima che si
si posed on us; in as much as, even be-
ponga mano all'opera, sia universale fore we set hand to the work, the con-
la convinzione che il Plebiscito è rius- viction is universal that the plebiscite
cito tale da metter suggello alle aspi- has turned out such as to set a seal
razioni di questa elettissima e dilettis- on the aspirations of this most beauti-
sima parte d'Italia, rese evidenti per ful and beloved part of Italy, which
sì lunga via di dolori, dei quali non have been made manifest through so
giova richiamare la memoria in
la memoria in long a road of sorrows, the memory
questo faustissimo giorno di letizia. of which we do not care to recall on
this most fortunate day of rejoicing.
SIGNORI!
GENTLEMEN!
Per agevolare e rendere ordinato In order to facilitate the count and
lo spoglio, saranno prima separati i to make it orderly, we will first take
Protocolli pervenuti all'Appello da separately the protocols which have
ciascheduna delle Provincie Venete e
come to the Court of Appeals from
da quella di Mantova, cominciando each one of the Venetian Provinces
dalla Provincia di Venezia e via via and from the Province of Mantua,
progredendo sino al compiuto esauri, beginning with the Province of Ven-
mento.
ice, and proceeding in order until all
have been covered.
Di ognuna di queste Provincie sa- The votes from each of these prov-
ranno registrati e manifestati i voti inces will be registered and shown just
quali emergono dai Verbali a noi tras- as they are recorded in the minutes
messi dalle rispettive Preture Urbane transmitted to us by the respective
e Foresi; sicchè verremo partitamente city and country praetorships; so
a rilevare i voti delle distinte Pro-
that we shall be able to keep them dis-
vincie.
tinct in counting the votes of the sepa-
rate provinces.
Indi terremo nota e daremo conto Next we shall take account and give
dei voti degli Italiani che a queste the total of the votes of the Italians
stesse Provincie appartengono, ma di- who belong to these same provinces,
698
DOCUMENTS
morano in altre parti del Regno, ed but who dwell in other parts of the
hanno espressa la loro volontà sulla Kingdom, and have expressed their
formola dianzi riportata, nei modi di- wishes concerning the aforesaid form-
visati dall'articolo 10 del Reale De- ula in the methods devised by article
creto 7 ottobre
10 of the royal decree of October 7..
Da ultimo compileremo il risulta- Finally, we shall add together the
mento complessivo dei raccolti suf- several results from the collected
fragi.
votes.
In seguito a queste parole del Pres- Following these words of the
idente, sciolti i suggelli degli involti President, the seals of the parcels
si diede principio all'operazione alla were removed and the operation of
quale presero parte tutti i componenti counting was begun, in which all those
la seduta giudiziale.
forming part of the judicial session
took part.
Omissis
Omission
Ultimato così lo spoglio dei voti e The count of the votes being thus
verificate le cifre, tutti i componenti completed and the figures verified, all
la Seduta giudiziale si levarono in those composing the judicial session
piedi, e il Presidente fece la procla- arose, and the President made the fol-
mazione che segue:
lowing declaration:
Sulla formula: Dichiariamo la On the formula: “We Declare
nostra Unione al Regno d'Italia sotto our Union with the Kingdom of Italy
il Governo Monarchico-Costituzionale under the Monarchical-Constitutional
del Re VITTORIO EMANUELE II e de' Government of King VICTOR EMAN-
suoi Successori, lo spoglio generale dei UEL II and of His Successors,” the
voti dei Cittadini delle Provincie Ital general count of the votes of the citi-
iane testé liberate dall'occupazione zens of the Italian Provinces, recently
Austriaca, ha dato questi risultamenti: freed from Austrian occupation, has
given these results:
.
69
Voti validi (V’alid votes)
N. 641,827
Schede nulle (Void ballots)
370
Dei voti validi sono pel si
N. 641,758
(Valid ballots for the affirinative)
Dei voti validi sono pel no..
(Valid ballots for the negative)
Non appena ciò proclamato, le per- As soon as this was proclaimed the
sone che si trovavano stipate nell' persons who were crowded in the au-
Udienza proruppero in applausi dience room broke out into applause
unanimi, fragorosissimi, acclamando that was unanimous and most noisy,
l'Italia e il suo Re.
acclaiming Italy and her King.
VENETIA, 1866
699
E il Presidente ad alta voce : In And the President in a loud voice:
nome dell'Italia e del Re dichiaro “In the name of Italy and of the
sciolta la Seduta.
King I declare the session dissolved.”
Indi per secondare le mossegli is-
In accordance with the requests of
tanze, il Presidente si fece al gran
those about him, the President stepped
verone che guarda la piazzetta di S. out on the great balcony which looks
Marco, dove era raccolto infinito upon the Piazetta di San Marco,
numero di Popolo. E di là disse so- where an infinite number of people
lennemente:
had gathered. And from there he
said solemnly:
Cittadini!
Citizens!
Il risultato finale del Plebiscito The final result of the plebiscite
degli Italiani delle Provincie Venete of the Italians of the Venetian Prov-
e di quella di Mantova, testé liberate inces and that of Mantua, recently
dall'occupazione Austriaca, fu dal Tri- freed from Austrian occupation, was
bunale di Appello riconosciuto e pub- determined and announced by the
blicato nei termini che riferisco: Court of Appeals, in the words which
I repeat:
Voti datu validamente
....N 641,827
(Votes validly cast)
E di questi soli
69 pel No
(And of these only)
(are No)
Tutti gli altri .
641,758 pel Si 1
(All the others)
(are Yes)
VIVA L'ITALIA! VIVA IL RE!
“ LONG LIVE ITALY! LONG LIVE
THE KING!”
Senza più il Presidente si ritirava, Thereupon the President withdrew,
e il Popolo con gioia ineffabile ripe- and the people with unspeakable joy
tea quegli evviva.
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 Voti pel No Schede nulle
Cifre pubblicate nel 27 ottobre 641,827 641,758
69
370
Cifre aggiunte come sopra
5,488
5,488
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
DOCUMENTS
Poi furono riposte in buste separate Then all the papers which had come
e distinte secondo le rispettive loro to the Magistrate's bench and had
provenienze, onde farne un inserto da been examined in the counting of the
custodirsi nell'Archivio del Tribunale votes, were replaced in separate and
di Appello, tutte le carte venute al distinct folders, according to their
banco del Magistrato e prese in esame respective places of origin, so as to
all'atto dello spoglio.
be inserted and preserved in
the
Archives of the Court of Appeals.
E infine fu redatto, letto, approvato,
And, finally, the present report was
sottoscritto da tutti i componenti la drawn up, read, approved, signed by
Seduta giudiziale e munito del sug- all the members of the Judicial Ses-
gello d'Ufficio, il presente processo sion, and sealed with the official seal,
Verbale in quattro originali; l'uno dei in four original copies; one of which
quali sarà deposto nelle mani di S. M. will be placed in the hands of H. M.
il Re, l'altro in quelle di S. E. il Sig- the King, another in those of H. E.
nor Ministro Guardasigilli, il terzo the Minister Keeper of the Seals, the
negli Archivi generali del Regno e il third in the general Archives of the
quarto, insieme colle carte or ora ac- Kingdom, and the fourth, together
cennate, nell'Archivio del Tribunale with the papers above mentioned, in
di Appello.
the archives of the Court of Appeals.
SEBASTIANO TECCHIO, Pres- SEBASTIANO TECCHIO, Pres-
idente.
ident.
Consiglieri
Councillors
GIUSEPPE MUTINELLI
GIUSEPPE MUTINELLI
LODOVICO LAZZARONI
LODOVICO LAZZARONI
ABBONDIO PRADELLI
ABBONDIO PRADELLI
GIOV. BATT. EDERLE
Giov. Batt. EDERLE
ANGELO RIDOLFI
ANGELO RIDOLFI
GIUSEPPE GRUBISSICH
GIUSEPPE GRUBISSICH
ANTONIO CARRARO
ANTONIO CARRARO
FRANCESCO PROVASI
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
641,827
5,488
Figures published Oct. 27.
Figures added as above
Ayes
641,758
5,488
Noes
69
Void Ballots
370
1
647,315
647,245
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.
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.
Contabili
Accountants
PIETRO GIANASSO, Cons.
GAETANO ZERBETTI, Uff.
ANTONIO LOCATELLI, Uff.
Paolo ALBANI, Uff.
PIETRO GIANASSO, Counsellor
GAETANO ZERBETTI, Official
ANTONIO LOCATELLI, Official.
PAOLO ALBANI, Official.
Secretaries
Segretari
FEDERICO GAMBERT
Dott. EMILIO FEDERICI
ANTONIO Dott. PASINI
JACOPO SCOLARI
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
VICTOR-EMANUEL II
PER GRAZIA DI DIO E PER VOLONTÀ
BY THE GRACE OF GOD, AND THE WILL
OF THE NATION,
DELLA NAZIONE
RE D'ITALIA
KING OF ITALY:
+
Vista la legge del 17 marzo 1861, In view of the Law of March 17,
n. 4671;
1861, No. 4671;
Visto il risultamento del suffragio In view of the result of the national
nazionale, col quale i cittadini delle suffrage, by which the citizens of the
provincie italiane liberate, convocati liberated Italian provinces summoned
nei comizi il giorno 21 ed il 22 ottobre to the polls on October 21st, and 22nd
scorso, hanno dichiarata l'unione al of last October, have declared for
regno d'Italia colla monarchia costitu- union with the Kingdom of Italy un-
702
DOCUMENTS
zionale di Vittorio Emanuele II e suoi der the Constitutional Monarchy of
successori;
Victor Emmanuel II and his suc-
cessors.
Sentito il Consiglio dei ministri; Having heard the Council of Min-
Abbiamo decretato e decretiamo: isters we have decreed and decree:
Art. 1. Le provincie della Vene- ARTICLE 1. That the provinces of
zia e quella di Mantova fanno parte Venetia and that of Mantua form an
integrante del regno d'Italia.
integral part of the Kingdom of Italy.
Art. 2. L'articolo 82 dello Sta- ART. 2. That Article 82 of the
tuto sarà applicabile alle provincie sud- Constitution shall be applicable to the
dette fino a che le provincie medesime aforesaid provinces until such time as
saranno rappresentate nel Parlamento these provinces shall be represented in
nazionale.
the National Parliament.
Art. 3. Il presente decreto sarà Art. 3. The present decree shall
presentato al Parlamento per essere be presented to Parliament to be con-
convertito in legge.
verted into law.
Ordiniamo che il presente decreto, We order that the present decree,
munito del sigillo dello Stato, sia in- sealed with the Seal of State, shall be
serto nella raccolta ufficiale delle leggi entered in the official collection of
e dei decreti del regno d'Italia, man- laws and decrees of the Kingdom of
dando a chiunque spetti di osservarlo Italy, requiring of all whom it may
e di farlo osservare.
concern to observe it and to see that
it is observed.
Dato a Torino, addì 4 novembre Done at Turin, November 4th,
1866.
1866.
VITTORIO EMANUELE.
VICTOR EMANUEL
RICASOLI --- BORGATTI ----SCIALOJA RICASOLI — BORGATTI — SCIALOJA
DEPRETIS CUGIA JACINI
DEPRETIS CUGIA - JACINI
CORDOVA BERTI VISCONTI-VE- CORDOVA -- BERTI VISCONTI-VE-
NOSTA.
NOSTA.
Ratification of the Decree of Union. January 30, 1867 1
Progetto di legge presentato alla Bill presented to the Chamber of
Camera dei deputati dal Presidente del Deputies by the President of the
Consiglio dei ministri, ministro dell Council of Ministers, the Minister of
interno (Ricasoli), nella tornata del the Interior (Ricasoli) at the session
30 gennaio 1867.
of the 30th of January, 1867.
1 Le 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
703
SIGNORI!
GENTLEMEN:
Appena cessata la dominazione stra- Scarcely had the foreign domina-
niera che teneva separate le provincie tion ceased which held apart the Vene-
venete dall'Italia, il Governo del Re tian provinces of Italy, when the
chiamava i popoli della Venezia ad King's Government called the people
esprimere in solenni Comizi la loro of Venice to express in solemn popu-
volontà di unirsi al regno d'Italia lar assemblies their will to unite them-
sotto il Governo costituzionale di Re selves to the Kingdom of Italy un-
Vittorio Emanuele II e de' suoi suc- der the constitutional government of
cessori.
King Victor Emanuel II and of his
successors.
Poichè quelle nobili provincie ave- Because these noble provinces have
vano già sino dal 1848 manifestata manifested this same desire since
questa stessa volontà, facendo prova 1848, giving proof of valour, which
di valore, di cui rimarrà imperitura will remain an imperishable mem-
la memoria, ed avevano con dicias- ory; and having by seventeen years
sette anni di resistenza e di patimenti of resistance and of suffering conse-
consacrato quel generoso proposito, il crated this generous proposition, the
decreto 7 ottobre che intimava il so- decree of October 7 which announced
lenne plebiscito ebbe principalmente the solemn plebiscite, had for its prin-
per iscopo di rendere omaggio al prin- cipal purpose that of rendering hom-
cipio onde s'informa il nostro diritto age to the principle on which our con-
costituzionale.
stitutional law is based.
Voi, o signori, sapete in che modo You, gentlemen, know in what man-
rispondessero i popoli della Venezia ner the people of Venice responded to
all'appello che in nome d'Italia fece the appeal which the Government of
loro il Governo del Re.
the King made to them in the name of
Italy.
Nei giorni 21 et 22 ottobre, 647,246 On the days of the 21st and 22nd
si raccolti nelle urne elettorali delle of October, 647,246 affirmative votes
provincie venete chiusero per sempre
were recorded in the electoral urns of
la storia del dominio straniero in the provinces of Venetia, and closed
Italia.
for ever the history of foreign dom-
ination in Italy.
Conosciuto il risultato del suffragio The result of national suffrage once
nazionale, il Governo di S. M. con dé- known, His Majesty's government, by
creto del 4 novembre 1866, procla- a decree of the 4th of November,
mava che le provincie della Venezia e 1866, proclaimed that the provinces
di Mantova facevan parte integrante of Venetia and of Mantua formed an
del regno d'Italia, e vi promulgava integral part of the Italian Kingdom,
l'articolo 82 dello Statuto perchè vi and promulgated Article 82 of the
704
DOCUMENTS
avesse effetto fino a che le provincie Constitution, to take effect in order
suddette fossero rappresentate nel that the provinces above mentioned
Parlamento nazionale.
should be represented in the National
Parliament.
Adempiendo oggi la riserva con- Fulfilling to-day the reservation
tenuta dell'articolo 3 del predetto de- contained in Article 3 of the afore-
creto, il referente ha l'onore di pre- said decree, the speaker has the honor
sentarlo al Parlamento acciò lo con- to present it to Parliament for the
validi nelle forme volute dalla Costi- purpose of validating it in the form
tuzione.
required by the Constitution.
Progetto di Legge
BILL
ARTICOLO UNICO. È data forza di ARTICLE 1. Force of law is given
legge al regio decreto 4 novembre to the royal decree of November 4,
1866, n. 3300, col quale fu dichiarato 1866, No. 3300, in which it was de-
che le provincie della Venezia e quella clared that the provinces of Venetia,
di Mantova fanno parte integrante del and of Mantua form an integral part
of the Kingdom of Italy.
regno d'Italia,
:
ROME, 1870
Proclamation of Cadorna After the Taking of Rome. September 20, 1870 1
ROMANI!
ROMANS!
La bonta del diritto, e la virtù dell'- The virtue of right and the valor
esercito, mi hanno in poche ore con- of the army have in a few hours
dotto fra voi, rivendicandovi in lib- brought me among you, restoring you
ertà.
to liberty.
Omai l'avvenir vostro, quello della Henceforth your future and that
Nazione è nelle vostri mani. Forte of the Nation is in your hands.
dei vostri liberi suffragi l'Italia avrà By the strength of your free suf-
la gloria di sciogliere finalmente quel frage Italy will have the glory of
gran problema, che si dolorosamente finally settling, the great problem
affatica la moderna società.
which has so unhappily affected mod-
ern society
Grazie, Romani, a nome anche dell'- Thanks, Romans, in the name of the
1 Le Assemblee, vol. 9 Roma, vol. 4, p. 1089.
ROME, 1870
705.
Esercito, delle liete accoglienze che ci Army, for the joyous welcome you
faceste. L'ordine mirabilmente finora have given to us.
serbato, continuate a guardarlo; chè So far order has been wonderfully
senz'ordine non v'è libertà.
maintained; continue to guard it.
Romani! la mattina del 20 settem- Without order there is no liberty.
bre 1870, segna una data delle più Romans! The morning of Septem-
memoriabili della Storia, Roma anche ber the 20th, 1870, will be a date
una volta è tornata, e per sempre, ad among the most memorable in his-
essere la grande Capitale d'una grande tory.
tory. Rome has once more, and for-
Nazione!
ever, become the great capital of a
great nation!
VIVA IL RE, VIVA L'ITALIA.
LONG LIVE THE KING! LONG LIVE
ITALY!
Roma, il 21 settembre 1870.
Rome, September 21st, 1870.
Il comandante generale il IV General Commanding the 4th
corpo d'esercito,
Army Corps,
R. CADORNA.
R. CADORNA.
Election of a Provisional Administrative Giunta by a Popular Assembly.
September 22, 18701
Notice
se-
ROMANI!
ROMANS!
Il Comizio popolare, convocato oggi The popular Assembly convoked at
alle ore 3 pomeridiane nell'Anfiteatro 3 P. M. today in the Flavian Amphi-
Flavio, al quale intervennero oltre theatre, at which more than 10,000
10,000 persone, eleggeva, quasi all- persons were present, elected almost
unanimità, a componenti la Giunta unanimously the following citizens as
Provvisoria Amministrativa i members of the Provisional Adminis-
guenti cittadini;
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
Luigi Simonetti — Ayv. 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 1
Il comandante generale del IV The General Commanding the 4th
Corpo d'armata in forza dell'alta au- Army Corps, by virtue of the au-
torità conferitagli dal Governo del Re, thority conferred upon him by the
anche all'effetto di promuovere la King's Government and in order to
formazione della Giunta per la città form a Giunta for the City of Rome.
di Roma,
DICHIARA
DECREES
che la detta Giunta rimane definitiva- that the said Giunta shall be perma-
mente costituita dai seguenti cittadini, nently composed of the following citi-
i quali entreranno immediatamente zens, who will enter immediately into
nell'esercizio delle relative funzioni: the exercise of their various func-
tions:
Michele Caetani duca di Sermoneta, Michele Caetani, Duke of Sermon-
Presidente — Principe Francesco Pal- eta, President; Prince Francesco Pal-
lavicini — Duca Francesco Sforza lavicini; Duke Francesco Sforza Ce-
Cesarini - Emanuele dei principi sarini; Emanuel, of the Princes of
Ruspoli — Principe Baldassare Odes- Ruspoli; Prince Baldassare Odescal-
calchi — Ignazio Boncompagni dei chi; Ignazio Boncompagni, of the
principi di Piombino — Professore
Professore Princes of Piombino; Carlo Maggio-
Carlo Maggiorani — Avvocato Biagio
— Avvocato Biagio rani, Professor; Biagio Placidi, Adv.;
Placidi — Avvocato Raffaele Mar- Raffaele Marchetti, Adv.; Vincenzo
chetti — Avvocato
Avvocato Vincenzo Tan- Trancredi, Adv.; Vincenzo Tittoni;
credi — Vincenzo Tittoni --Vincenzo Vincenzo Rossi; Pietro de Angelis;
1 Le Assemblee, vol. 9, p. 1089.
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 1
Rome, September 28, 1870.
MY LORD,
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, I 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.
A
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. September 29, 1870 1
ROMANI!
ROMANS!
La Giunta ha fissato il Plebiscito The Giunta has fixed the 2nd of
del popolo romano e della provincia di October for the plebiscite in Rome and
Roma pel giorno 2 ottobre; e propone in the provinces. The following
ai suffragi universali la seguente formula is proposed :
formula :
Vogliamo la nostra unione al We desire our union with the
Regno d'Italia, sotto il Governo mo- Kingdom of Italy under the Constitu-
narchico costituzionale del Re Vit- tional Monarchy of King Victor
torio Emanuele II e suoi successori." Emanuel II and his successors."
Romani! Gli sforzi e i sacrifici dei Romans! The efforts and sacri-
cittadini liberali, la magnanimità d'un
fices of the citizens of Italy, the mag-
Re, il valore dell'esercito italiano, e la nanimity of a King, the bravery of the
maturità dei tempi, ci restituiscono il Italian Army, and the ripeness of
diritto di disporre liberamente dei nos- time, restore to us the right of dis-
tri destini.
posing freely of our destinies.
Sotto l'egida di libere istituzioni, Under the aegis of liberty we leave
lasciamo al senno del Governo italiano to the good sense of the Italian Gov-
la cura di assicuare l'indipendenza ernment the task of insuring the in-
dell'autorità spirituale del Pontefice. dependence and spiritual authority of
the Pontiff.
Il giorno e solenne. La storia re- The moment is a solemn one; His-
1 Le Assemblee, vol. 9, p. 1093. Translation from British Parliamentary Papers, Affairs
of Rome (c. 247], p. 59.
ROME, 1870
709
gistrerà a carratteri indelibili il grande tory will register in indelible char-
avvenimento che consacra il fecondo acters the great event which will con-
principio: libera Chiesa in libero Stato. secrate the noble principle of a free
Church in a free State.
Nell'approssimarci all'urna, richia- Before voting let us call to mind
miamo alla mente che, deponendo il that by an aye we meet the wishes
Sì, noi compiremo i voti d'Italia e del of Italy and of the Parliament, and
Parlamento, e rimetteremo al suo we replace our Rome, the mother of
posto Roma nostra, la grande Madre ancient civilization, in her proper po-
dell'antica civiltà.
sition.
Campidoglio, 29 settembre 1870. Campidoglio, September 29, 1870.
Il Presidente,
The President,
Duca CAETANI.
Duke CAETANI.
(Seguono le altre firme) (The other signatures follow)
Rules of Procedure for the Plebiscite, September 29, 1870 1
LA GIUNTA PROVVISORIA DI GOVERNO
THE PROVISIONAL GIUNTA OF
THE
DI ROMA E SUA PROVINCIA
GOVERNMENT OF ROME AND HER
PROVINCES
Pel regolare andamento dell'immi- In order to have a regular proced-
nente Plebiscito si dispone:
ure for the approaching plebiscite; it
is ordered that:
1. Il voto pel Plebiscito sarà dato 1. The vote of the plebiscite shall
per Sì o per No a mezzo d'un bollet- be given by “yes” or “no,” by means
tino stampato e a scrutinio segreto. of a printed vote and secret ballot.
2. Tutti i cittadini d'età maggiore
2. All citizens who are of age,
nati o domiciliati nel comune, che si born or domiciled in the commune
trovano in possesso dei diritti civili, and in possession of their civil rights,
hanno facoltà di dare il loro voto. have the right to vote.
3. Sono esclusi dal voto tutti coloro 3. All those who have been sen-
che furono colpiti da sentenze infa- tenced as criminals are excluded from
manti.
voting
4. È istituito in Roma, sotto la di- 4. There is instituted in Rome, un-
pendenza della Giunta, un Comitato der the Giunta, a committee for the
del Plebiscito composto di dodici citta- plebiscite, composed of 12 citizens.
dini.
1 Le Assemblee, vol. 9, p. 1091.
710
DOCUMENTS
5. Questo Comitato sceglierà un 5. This committee shall choose a
numero sufficiente di Sottocomitati di suitable number of sub-committees,
tre persone, le quali saranno preposte each composed of three people, who
agli Uffici d'iscrizione, cha a sua cura shall be stationed at the registration
dovranno aprirsi nelle diverse parti offices which shall be opened under
della città di Roma.
their charge in the several sections of
the City of Rome.
6. I Sottocomitati dietro le oppor-
6. The sub-committees, having
tune verifiche dei requisiti che si do- niade the necessary verification of the
mandano per aver diritto al voto, ser- qualifications which are required for
vendosi dei libri parrocchiali, che sono the vote by making use of the parish
messi a loro disposizione e delle note registers, which shall be put at their
statistiche delle presidenze di Roma, disposal, and of the statistics of the
iscriveranno il nome e cognome di presidencies of Rome, shall inscribe
ciascuna in una matricola o lista da the name and surname of each voter
formarsi nei singoli Uffici, e lo muni- in a register or list to be drawn up in
ranno del bollettino d'ammissione per each office, and shall furnish them
la votazione.
with voting certificates.
7. Queste liste dei cittadini aventi 7. These lists of citizens who have
diritto alla votazione e il rilascio dei the right to vote, and the giving out
bollettini d'ammissione, saranno fatte of voting certificates, shall be made
in simil guisa in tutti i comuni della alike in each of the communes of the
provincia di Roma dalle Giunte ris- Province of Rome by the respective
pettive, e dai Comitati che da esse sa- Giuntas and by the committees which
ranno deputati, istituendo, dove oc- shall be appointed by them, and,
corra, uno o più uffici d'iscrizione per wherever necessary, one
more
comodo della popolazione.
registration offices shall be opened to
accommodate the people.
8. I bollettini d'ammissione porte- 8. The voting certificates shall have
ranno l'indicazione a stampa del nu- on them a stamped number indicating
mero dell'ufficio da cui vengono rila- the office which has issued them, and
sciati; e sotto questa indicazione sarà under this mark there shall be written
notato per iscritto di tutto pugno d'uno in the handwriting of a member of
dei membri del Sottocomitato il nome the sub-committee, the name and sur-
e cognome della persona, in cui fu ri-
name of the person who has the right
conosciuto il diritto del voto.
to vote.
9. Nel giorno della votazione lo 9. On the day of the voting the
scrutinio sarà aperto in Roma in do- polls shall be opened in Rome in
dici appositi locali, che saranno all' twelve suitable localities, which shall
uopo destinati, sotto la presidenza be prepared for the purpose under the
d'uno dei membri della Giunta con presidency of one of the members of
or
ROME, 1870
711
l'assistenza d'uno dei membri del
del the Giunta with the assistance of one
Comitato e di tre cittadini a ciò depu- of the members of the committee, and
tati.
of three citizens who shall be dele-
gated for the purpose.
10. In provincia lo scrutinio sarà 10. In the provinces the counting
aperto nel capoluogo del comune sotto of the votes shall take place in the
la presidenza della Giunta municipale. chief place of the commune under the
presidency of the municipal Giunta.
11. A cura del Comitato in Roma 11. The committee in Rome and
e della Giunta e Comitati della prov- the Giunta and committees of the
incia saranno distribuite prima della provinces shall distribute before the
votazione le schede a stampa espri- voting, the ballots printed with a
menti un Si od un No di cui i citta-
“No” or a
Yes" which the citi-
dini potranno liberamente valersi per zens shall be able to use freely in or-
deporre il loro voto nell'urna, che der to deposit their votes in the urn,
verrà per questo effetto disposta nel which they will find placed for this
luogo dell'adunanza.
purpose in the place of meeting.
12. Tre membri almeno degli. uf- 12. At least three members of the
fici di presidenze dovranno esser sem- committee in charge of the vote must
pre presenti durante la votazione che
be always present during the ballot-
sarà aperta alle ore 8 antimeridiane e ing, which shall begin at the hour of
durerà per tutta la giornata.
8 A. M. and which shall last through-
out the day.
13. Il presidente di ciascun ufficio 13. The president of each office is
è incaricato della polizia dell'adu- charged with the discipline of the as-
nanza. Esso prenderà tutte le pre- sembly. He shall take all precau-
cauzioni necessarie ad assicurare l'or- tions necessary to secure order and
dine e la tranquillità; e per tale effetto tranquility; and for this purpose the
tutte le autorità civili e militari do- civil and military authorities must ac-
vranno prestarsi ad ogni sua richiesta. cede to any demand made by him.
14. Il votante prima di essere am- 14. Each voter, before being al-
messo a deporre la sua scheda nell'- lowed to deposit his ballot in the urn,
urna, dovra dichiarare il suo nome ed must give his name and show his
esibire il suo bollettino d'ammissione voting certificate to the committee in
all'ufficio della presidenza.
charge.
15. Chiuso lo scrutinio in Roma, 15. At the close of the balloting in
tutte le urne dal presidente e dagli Rome, all the urns shall be carried by
altri membri assistenti saranno por- the presidents and the other members
tate nella gran sala del Campidoglio, present to the Great Hall of the
dove alla pressenza del pubblico si Campidoglio, where in the presence
procederà allo spoglio dei voti, fa- of the public they shall proceed to the
712
DOCUMENTS
cendo risultare il successo della vota- counting of the votes, making known
zione da apposito verbale, che sarà the result of the balloting by a proper
sottoscritto dai membri presenti della formal minute which shall be signed
Giunta e del Comitato.
by the members of the Giunta and of
the committee who shall be there.
16. Nella provincia in ogni capo- 16. In the provinces, in the chief
luogo si farà egualmente dalle rispet- place of each commune, the Giunta
tive Giunte lo spoglio dei voti, si fir- shall proceed to the count in like
merà il verbale e se ne proclamerà il manner, shall draw up a minute and
risultato. I verbali poi saranno pron- shall proclaim the result. The report
tamente rimessi alla Giunta di Go- shall be at once sent to the Govern-
verno in Roma, perchè unitamente al mental Giunta at Rome, in order that
risultato della votazione di Roma in this way the result of the vote in
possa proclamare il risultamento defi- Rome and the final results of the
nitivo del Plebiscito di tutta la prov- plebiscite in all the Provinces may be
incia.
proclaimed at the same time.
17. Con apposito avviso sarà pro- 17. The formula for the plebiscite
mulgata la formula del Plebiscito e shall be promulgated with the appro-
destinato il giorno alla votazione. priate notification and the day desig-
nated for the vote.
18. Il Comitato del Plebiscito è 18. The Committee on the plebis-
composte dei signori: Principe di cite is composed of the following
Teano, conte Carlo Lovatelli, Ales- gentlemen; Prince Teano, Count
sandro Piacentini, Camillo Piccioni, Carlo Lovatelli, Allessandro Pia-
Augusto Silvestrelli, Cesare Brenda, centini, Camillo Piccinni, Augusto
Rodolfo Volpicelli, Augusto avv. Silvestrelli, Cesare Brenda, Rodolfo
Rossi, Pietro Poggioli, Giovanni An- Volpicelli, Adv., Augusto Rossi,
gelini architetto, Giulio Costa, Eu- Pietro Pogglioli, Giovanni Angelini,
genio Cave.
architect, Giulio Costa, Eugenio
Cave.
Roma, 28 settembre 1870.
Rome, 28 September, 1870.
MICHELANGELO CAETANI, presidente. MICHELANGELO CAETANI, President.
ROME, 1870
713
Authentic Copy of the Statement of the Votes Cast in the Leonine City.
October 2, 1870 1
IN NOME DI DIO
IN THE NAME OF GOD
REGNANDO
S. M. VITTORIO EMANUELE II
RE D'ITALIA
IN THE REIGN OF
H. M. VICTOR EMANUEL II
KING OF ITALY
Del pontificato di S. S. Papa Pio
IX anno XXV;
Of the Pontificate of H. H. Pope
Pius IX the XXV year;
Romana Indizione XIII. A di due
ottobre MDCCCLXX
Roman indiction XIII, the second day
of October, MDCCCLXX
A richiesta dell'Ecc. ma Giunta At the request of the Most Exc.
Provvisoria di Roma e Provincia, io Provisional Committee of Rome and
Acindino Buratti, Notaro pubblico, its Province, İ, Acindino Buratti,
avente Studio in Roma, via Borgo Notary Public, having an office in
Nuovo, N. 171, assistito dall'infra- Rome, via Borgo Nuovo 171, accom-
scritto Connotaro in luogo di Testi- panied by the undersigned Fellow
moni, mi sono recato nella Sala Mag- Notary instead of witnesses, went to
giore di Campidoglio, all'oggetto di the Great Hall of the Capitol with
riconoscere la integrità della biffa e the
purpose of examining the
dei suggelli apposti da me questa genuineness of the mark and of the
mane, ad istanza dei Signori AUGUSTO seals placed by me this morning, at
SBRISCIA, EUGENIO Prof. AGNENI E the request of Messrs. AUGUSTO
FRANCESCO VIZZICA, ad un'urna di SBRISCIA, Professor EUGENIO AG-
cristallo contenente una quantità di NENI and FRANCISCO VIZZICA, on a
schede.
glass urn containing a number of pa-
pers.
Alla presenza quindi di tutti i com- In the presence of those composing
ponenti la lodata Ecc. ma Giunta dei the distinguished most Exc. Giunta of
Deputati e Sotto-Deputati e della parte deputies and assistant deputies, and
del Popolo liberamente intervenuta, of that part of the people which was
ho verificata la biffa e suggelli dell' freely present, I verified the mark and
urna suddetta che ho rinvenuta deposi- seals on the aforesaid urn, which I
tata nella Sala Maggiore sunnominata, found deposited in the Great Hall
rinvenuta in tutto integra e non vizi- above-mentioned, finding it wholly un-
ata, ho proceduto alla remozione della touched and uninjured; I proceeded to
biffa medesima e quindi alla verifica remove this same mark and then to
1 Le Assemblee, vol. 9, p. 1094.
1
714
DOCUMENTS
delle schede in essa esistenti, che si verify the votes which were in it,
sono rinvenute in numero di 1546 which were found to be 1546 in num-
portanti tutte il sì, in adesione al Go- ber, all marked with Yes, in adhesion
verno Costituzionale di VITTORIO to the Constitutional Government of
EMANUELE II. Durante la compila- Victor Emanuel II. While the above-
zione dell'atto suddetto, si sono pre- mentioned act was being performed,
sentati gli stessi Signori SBRISCIA, the same Messrs. SBRISCIA, AGNENI
AGNENI, VIZZICA ed altri abitanti VIZZICA and other residents of the
della Città Leonina, ed hanno con- Leonine City, presented themselves.
segnato alla lodata Giunta Municipale and handed over to the honorable:
una Bandiera con la iscrizione: Città municipal Giunta a banner with the
Leonina, sì, che è stata ricevuta dalla inscription: “Leonine City, Yes";
lodata Giunta.
which was received by the approved
Committee.
Su di che, ecc.
Whereupon, etc.
Atto fatto ove sopra presente il Report made as above in the
Signor GIOVANNI BATTISTA BORNIA presence of Mr. GIOVANNI BATTISTA
Connotaro, che si firma come si disse BORNIA, Fellow Notary, who signs as
in luogo di Testimoni, unitamente ai aforesaid instead of witnesses, to-
Membri della Giunta suddetta e me gether with the members of the
Notaro stipolante.
Giunta aforesaid and of me, the tes-
tifying notary.
M. CAETANI — V. TANCREDI
M. CAETANI, V. TANCREDI, F.
PALLAVICINI — A. CASTELLANI - R. PALLAVICINI, A. CASTELLANI, R.
MARCHETTI P. DE ANGELIS - C. MARCHETTI, P. DE ANGELIS, C. MAG-
MAGGIORANI V. TITTONI I. GIORANI, V. TITTONI, I. BONCOM-
BONCOMPAGNI dei Principi di Piom- PAGNI of the Princes of Piombino,
bino - A. DEL GRANDE - F. FERRI A. DEL GRANDE, F. FERRI, B. ODES-
B. ODESCALCHI A. MAZZO- CALCHI, A. MAZZOLENI, B. PLACIDI,
B. PLACIDI — E. RUSPOLI E. RUSPOLI, F. SFORZA CESARINI, A.
F. SFORZA CESARINI — A. SBRISCIA SBRISCIA, E. AGNENI, F. VIZZICA,
E. AGNENI F. VIZZICA - L. L. MASCETTI.
MASCETTI.
E.
LENI
GIOV. BATTISTA BORNIA, Notaro in Gioy. BATTISTA BORNIA, notary
luogo dei Testimoni.
instead of witnesses.
Cosi e, ACINDINO BURATTI, Notaro Thus it is, ACINDINO BURATTI,
pubblico rogato, Registrato a Roma, Notary Public signing, Registered at
li 7 ottobre 1870, in tre pagine, una Rome, October 7, 1870, in three
postilla, Vol. 42, Atti pubblici, foglio pages, one annotation, Volume 42,
V
ROME, 1870
715
27, R. Cas, 5* Ricevute lire tree P. A., page 27 R. Cas. 5. Received
trenta centesimi.
three lire and thirty centesimi.
Q. PIEROTTI.
Q. PIEROTTI.
Per copia autentica da ma infra- An authentic copy collated by me,
scritto collezionata e rinvenuta con- the undersigned, and found to agree
forme al suo originale S. E.— Data with the original S. E. (without ex-
dal mio Officio, in tre pagine senza ception). Given in my office in three
postille, li 7 ottobre 1870.
pages without annotation October 7,
1870.
ACINDINO BURATTI, Notaro pub- ACINDINO BURATTI, Notary Public
blico in Roma.
in Rome.
Formal Minute of the Result of the Plebiscite, October 6, 1870 1
S. P. Q. R.
S. P. Q. R.
Esibita di documenti fatta dall'Ec- Presentation of documents made
cellentissima Giunta Provvisoria di by the most Excellent the Provisional
Roma e Provincia e dagli onorevoli Giunta of Rome and its Province and
signori Deputati delle Giunte Prov- by the honorable Deputies of the
visorie di Governo di Civitavecchia, Provisional Giuntas of Civitavecchia,
Frosinone, Velletri e Viterbo.
Frosinone, Velletri, and Viterbo.
IN NOME DI DIO
IN THE NAME OF GOD
REGNANDO
IN THE REIGN OF
H. M. VICTOR EMANUEL II
S. M. VITTORIO EMANUELE II
RE D'ITALIA
KING OF ITALY
L'anno 1870, il giorno di Giovedì In the year 1870, Thursday the
6 Ottobre;
sixth of October;
Innanzi di me CAMILLO VITTI, No- Before me CAMILLO VITTI, Chief
taio Maggiore presso il Senato Ro- Notary of the Roman Senate in my
mano, di Studio via Aracoeli, N. 60, office, number 60 via Aracoeli, as-
assistito dall'infrascritto mio Collega sisted by my undersigned colleagues,
personalmente costituito.
personally appointed by me.
L'Ecc. ma Giunta Provvisoria di The Most Excellent Provisional
Governo di Roma e Provincia, com- Giunta of the Government of Rome
posta degli Onorevoli Signori: and its Province, composed of the
Honorable:
1 Le Assemblee, vol. 9, p. 1095.
716
DOCUMENTS
Duca MICHELANGELO CAETANI,
Presidente
VINCENZO Avv. TANCREDI, Vice-
presidente
Principe FRANCESCO PALLAVICINI
EMANUELE dei Principi Ruspoli
Duke MICHELANGELO CAETANI,
President
Advocate VINCENZO TANCREDI,
Vice-President
Prince FRANCESCO PALLAVICINI
EMANUEL of the Princes of
Ruspoli
Duke FRANCESCO SFORZA CESAR-
Duca FRANCESCO SFORZA, CESA-
RINI
IGNAZIO BONCOMPAGNI dei Prin-
cipi di Piombino
Avv. BIAGIO PLACIDI
Avv. RAFFAELE MARCHETTI
VINCENZO TITTONI
PIETRO DE ANGELIS
ACHILLE GORI MAZZOLENI
FELICE FERRI
AUGUSTO CASTELLANI
ALESSANDRO DEL GRANDE
Professore Carlo MAGGIORANI
INI
IGNAZIO BON COMPAGNI of the
Princes of Piombino
Adv. BIAGIO PLACIDI
Adv. RAFFAELE MARCHETTI
VINCENZO TITTONI
PIETRO DE ANGELIS
ACHILLE GORI MAZZOLENI
FELICE FERRI
AUGUSTO CASTELLANI
ALESSANDRO DEL GRANDE
Prof. CARLO MAGGIORANI
Come pure personalmente esistenti As also present in person the
gli onorevoli signori:
honorable
Marchese GIULIO GUGLIELMI E Marquis GIULIO GUGLIELMI AND
ANNIBALE LESEN, Deputati della ANNIBALE LESON, Deputy of the
Giunta di Governo di Civitavecchia ; Governing Giunta of Civitavecchia;
Gli onorevoli signori:
The honorable:
GIROLAMO MOSCARDINI, Presidente GIROLAMO MOSCARDINI, President
della Giunta provvisoria di Governo of the provisional Governing Giunta
di Frosinone;
of Frosinone;
LUIGI MARCOCCI, uno dei membri LUIGI MARCOCCI, one of the. men-
della detta Giunta;
bers of the said Giunta;
ANDREA CONTI, Deputato della ANDREA CONTI, Deputy of the
Giunta medesinia;
same Giunta,
Gli onorevoli signori:
The honorable:
Conte ETTORE BORGIA, Presidente; Count ETTORE BORGIA, President;
Avv. LUIGI NOVELLI, Deputato Adv. LUIGI NOVELLI, Deputy of
della Giunta provvisoria di Governo the Provisional Governing Giunta of
di Velletri;
Velletri;
Gli onorevoli signori:
The honorable:
Conte GIUSEPPE ANGELO MANNI Count GIUSEPPE ANGELO MANNI
ROME, 1870
717
E Avv. FRANCESCO VALERANI, Depu- AND Adv. FRANCESCO VALERANI,
tati della Giunta provvisoria di Go- Deputies of the Provisional Govern-
verno di Viterbo;
ing Giunta of Viterbo;
i quali di piena e deliberata loro vo- who of their free and deliberate will
lontà hanno esibito ed esibiscono a me have shown and do show to me, as
Notaro il riassunto generale della vo- notary, the general result of the vot-
tazione del Plebiscito avvenuta in ing on the plebiscite held in Rome and
Roma e sua Provincia, non che nelle its Province, as well as in the other
altre suddette quattro Provincie, il four Provinces aforesaid, on the 2nd
giorno 2 del corrente mese, per decre- day of the current month, to decree
tare la unione di Roma e delle pre- the union of Rome and the aforesaid
dette Provincie al Regno d'Italia sotto Provinces to the Kingdom of Italy
il Governo Monarchico Costituzionale under the Government of the Con-
del Re Vittorio Emanuele II e suoi stitutional Monarchy of the Kingdom
Successori, il quale riassunto, che qui of Victor Emanuel II and his suc-
si alliga sotto la lettera A, è del tenore cessors, which result, here placed
seguente:
under the letter A, is as follows:
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.
S. P. Q. 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:
Inscritti
(Registered)
80,620
Votanti
(Voting)
68,466
Pel Si
(Yes)
67,518
Pel No
(NO)
858
Nulli
(Void)
90
Roma e Provincie ....
(Rome and its Province)
Civitavecchia
Frosinone
Velletri
Viterbo
10
5,488
32,288
14,719
34,433
4,243
25,964
10,968
25,650
4,220
25,645
10,912
25,386
13
319
56
261
wi :
135,291
133,681
1,507
103
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
The said gentlemen in their state-
ment as above, have exhibited and ex-
718
DOCUMENTS
rappresentanze come sopra, altri nu- hibit five other documents which are
mero cinque documenti, che qui si here collected under the letters B, C,
uniscono sotto le lettere B, C, D, E, D, E, F, each of which contains
Fi ciascuno dei quli contiene le ri- the partial results of the vote of the
sultanze parziali delle votazioni del said 2nd day of October, taken in the
suddetto giorno 2 corrente Ottobre City of Rome and its Province, as fol-
avvenute nella Città di Roma e sua lows: registered 80,620, of which
Provincia, cioè: Inscritti N. 80,620, number 67,518 voted Yes and 858
dei quali N. 67,518 votanti per il sì, No, and 90 votes were void.
e N. 858 per il no, N. 90 voti nulli.
Nella Provincia di Civitavecchia : In the Province of Civitavecchia:
Inscritti N. 5,488, dei quali N. 4,220 Registered 5,488, of which number
votanti pel sì, N. 13 votanti per il no, 4,220 voted Yes, 13 voted No, and 10
oltre il nulli N. 10.
votes were void.
Nella Provincia di Frosinone: N. In the Province of Frosinone:
32,288 inscritti, dei quali N. 25.645 32,288 were registered, 25,645 voted
votanti per il sì, e IN. 319 per il no. Yes and 319 No.
Nella Provincia di Velletri: In- In the Province of Velletri: regis-
scritti N. 14,719, dei quali N. 10,912 tered 14,719, of whom 10,912 voted
votanti per il sì, e N. 56 per il no. Yes and 56 voted No.
Finalmente nella Provincia di Vi- Finally, in the Province of Viterbo:
terbo: Inscritti (N. 34,433, dei quali registered 34,433, of whom 25,386
N. 25,386 votanti per il sì, e N. 261 voted Yes, and 261 No.
per il no.
E come il tutto apparisce dai rela- As appears from the several formal
tivi Processi Verbali in detto giorno 2 minutes of the said second day of the
corrente mese, redatti presso le sin- current month, drawn up in each
gole Comunità e Provincie suddette, commune and province above men-
ed asistenti nei rispettive capoluoghi, tioned and kept in the respective chief
cioè: in Roma per la Città e sua Prov- places, that is, in Rome, for the City
incia, in Civitavecchia, Frosinone, and its Province, in Civitavecchia,
Velletri e Viterbo per le medesime Frosinone, Velletri and Viterbo for
Città e rispettive Provincie.
the same city and respective provinces.
Sopra le quali cose, ecc.
As to which, et cetera.
Atto fatto in Roma, nella Sala delle 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 docunienti 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
sane plebiscite are preserved in the State Archives of the same City.
1
ROME, 1870
719
RINI
CHI
CHETTI
solite Adunanze, in Campidoglio, es-' customed meeting-hall in the Campi-
sendosi gli
gli Onorevoli Comparenti doglio, the Honorable
the Honorable Representa-
firmati col mio Collega, e me Notaro tives having signed, together with my
previa lettura.
colleague, and I, as notary, having
read it previously.
MICHELANGELO Duca CAETANI, MICHELANGELO, Duke GAETANI,
Presidente - VINC. Avv. TANCREDI, President; VINC. Adv. TANCREDI,
Vice-pres.
FRANCESCO PALLAVI- Vice-Pres.; FRANCESCO PALLAVICINI;
CINI — EMANUELE dei Principi Rus- EMANUELE, of the Princes Ruspoli;
poli Duca FRANC. SFORZA CESA- Duke
Duke FRANC. SFORZA
CESARINI;
Princ. BALDASSARE ODESCAL- Prince BALDASSARE ODESCALCHI;
IGNAZIO BON COMPAGNI dei IGNAZIO BON COMPAGNI, of the
Principi di Piombino Avv. BIAGIO Princes of Piombino; Adv. BIAGIO
PLACIDI Avv. RAFFAELE MAR- PLACIDI; Adv. RAFFAELE MAR-
VINCENZO TITTONI CHETTI; VINCENZO TITTONI; PIETRO
PIETRO DE ANGELIS ACHILLE G. DE ANGELIS; ACHILLE G. Mazzo-
MAZZOLENI FELICE FERRI Au- LENI; FELICE FERRI; AGOSTO CAS-
GUSTO CASTELLANI
ALESSANDRO TELLANI; ALESSANDRO DEL GRANDE;
DEL GRANDE CARLO MAGGIORANI CARLO MAGGIORANI; GIULIO GUG-
GIULIO GUGLIELMI ANNIBALE LIELMI; ANNIBALE LESEN; GIROLAMO
LESEN GIROLAMO MOSCARDINI, MOSCARDINI, President; LUIGI MAR-
Presidente LUIGI MARCOCCI COCCI; ANDREA Conti; C. ETTORE
ANDREA CONTI C. ETTORE BOR- BORGIA, President; Adv. LUIGI No-
GIA, Presidente LUIGI Avv. No- VELLO; GIUSEPPE ANGELO MANNI;
GIUSEPPE ANGELO MANNI FRANCESCO VALERANI.
FRANCESCO VALERANI.
FRANCESCO GUIDI, Notaio Collega.
FRANCESCO GUIDI, Associate No-
tary.
CAMILLA VITTI, Notaio Maggiore CAMILLO VITTI, Chief Notary of
presso il Senato Romano rogato. the Roman Senate.
Registrato a Roma, il 6 ottobre Registered in Rome, the 6th day of
1870, Vol. 421, Atti pubblici, foglio October, 1870, Vol. 421, Public Acts,
25, V, Cas. 34. ...
Folio 25, V, Cas. 3rd. . .
Q. PIEROTTI, Preposto. Q. PIEROTTI, Clerk-in-Charge.
Per copia conforme all'originale da This copy conforms to the original
me infrascritto collazionata. In fede, as collated by mne the undersigned. In
testimony, et cetera,
Roma dal mio Studio Notarile, Rome, at my Notary's office, this
questo dì 6 ottobre 1870.
6th of October, 1870.
CAMILLO VITTI, Notaio Maggiore CAMILLO VITTI, Chief Notary of
presso il Sen. Rom. in fede.
the Roman Senate; attesting.
(L. S.)
(L. S.)
VELLI
ecc.
720
DOCUMENTS
Formal Minute of the Presentation of the Plebiscite to King Victor Emanuel
II. October 9, 1870 1
L'anno 1870, il di 9 ottobre, alle The year 1870, the 9th of October,
1012 antim. in Firenze, nel Palazzo at 10:30 A. M., in Florence, in the
Reale, alla presenza di Sua Maestà il Royal Palace, in the presence of HIS
Re Vittorio Emanuele II, assistendo MAJESTY THE KING, VICTOR EMAN-
al presente Atto le LL. AA. RR. il UEL II, there being present at the
Principe di Piemonte, la Principessa presentation of the Act their ROYAL
di Piemonte, il Duca d'Aosta, il Prin- HIGHNESSES, the Prince of Piedmont,
cipe di Carignano;
the Princess of Piedmont, the Duke
of Aosta, the Prince of Carignano;
Le LL. EE. i Cavalieri dell'Ordine Their Royal Highnesses, the Chev-
Supremo della SS. Annunziata; aliers of the Supreme Order of the
Holy Annunciata;
Il Presidente del Senato del Regno The President of the Senate of the
e della Camera dei Deputati;
Kingdom, and of the Chamber of
Deputies;
I Ministri Segretari di Stato;
The Ministers, Secretaries of State;
I Ministri di Stato;
The Ministers of State;
Generali d'Armata;
Generals of the Army;
Il Presidente del Consiglio di Stato; The President of the Council of
State;
Il Primo Presidente ed il Procura- The First President and the Pro-
tore Generale della Corte di Cassa- curator General of the Court of Cas-
zione di Firenze;
sation of Florence;
Il Presidente della Corte dei Conti; The President of the Court of Ac-
counts;
Il Prefetto del Palazzo e Primo The Prefect of the Palace and First
Aiutante di Campo di S. M.;
Aide-de-Camp of His Majesty;
Il Presidente del Tribunale Su- The President of the Supreme Tri-
premo di Guerra;
bunal of War;
Gli Aiutanti di Campo ed Ufficiali The Aides-de-Camp and officers in
d'ordinanza;
attendance;
Altre persone della Casa e del se- Other persons of the Household
guito di S. M. ed altri Funzionari and of the Suite of His Majesty, and
Civili e Militari.
other Functionaries, Civil and Mili-
tary;
Sono stati introdotti i Signori:
There were introduced the follow-
ing gentlemen :
1 Le Assemblee, vol. 9, p. 1098.
ROME, 1870
721
TRELLI
-
Duca CAETANI D. MICHELANGELO Duke MICHELANGELO di CAETANI
DI SERMONETA, Presidente Avv. of SERMONETA, President, Adv. RAF-
RAFFAELE MARCHETTI Principe FAELE MARCHETTI, Prince BALDI-
BALDASSARRE ODESCALCHI Prin- SARRE ODESCALCHI, Prince EMANUEL
cipe EMANUELE RUSPOLI VIN- RUSPOLI, VINCENZO TITTONI, PIETRO
CENZO TITTONI PIETRO DE ANGE- DE ANGELIS, AUGUSTO CASTELLANI,
LIS — AUGUSTO CASTELLANI — Prof. Prof. CARLO MAGGIORANI, FRAN-
CARLO MAGGIORANI — Duca SFORZA CESCO SFORZA CESARINI, GIROLAMO
CESARINI D. FRANCESCO MOSCAR- MOSCARDINI, ANDREA CONTI, Conte
DINI GIROLAMO — ANDREA CONTI ETTORE CUMBO BORGIA, Avv. LUIGI
Conte ETTORE CUMBO BORGIA - Avv. NOVELLI, MARQUIS GIULIO GUG-
LUIGI NOVELLI Marchese GIULIO LIELMI, ANNIBALE LESEN, Count
GUGLIELMI — ANNIBALE LESEN GIUSEPPE MANNI, Adv. FRANCESCO
Conte GIUSEPPE MANNI
Avv.
VALERANI, forming the Deputation
FRANCESCO VALERANI, componenti la from Rome and the Provinces of
Deputazione di Roma e delle Prov- Rome, as well as the 'Prince of TEANO,
incie Romane, nonchè il Principe Di Chevalier AUGUSTO SILVESTRELLI,
TEANO Cav. AUGUSTO SILVES- Adv. AUGUSTO Rossi;
Avv. AUGUSTO ROSSI.
Membri del Consiglio pel Plebiscito Members of the Council for the
con cui i Popoli di quelle Provincie, Plebiscite, with which the people of
convocati in Comizio il 2 corrente ot- that Province, convoked in popular as-
tobre, per suffragio universale, hanno semblies on the 2nd of October, have
dichiarato con 133,681 voti afferma- declared by universal suffrage with
tivi, contro voti negativi 1,507, di vo- 133,681 affirmative votes, against
lere la loro unione al Regno d'Italia 1507 negative votes that they wish to
sotto il Governo Monarchico Costi- become united with the Kingdom of
tuzionale del Re VITTORIO EMANUELE Italy, under the Constitutional Mon-
II e suoi Successori. S. M. nell'accet- archical Government of King VICTOR
tare per sè e per i suoi Successori il EMANUEL II and his Successors.
risultamento del Plebiscito, espone His Majesty in accepting for him-
quanto Le torni gradito che, col voto self and for his successors the result
di Roma e delle Provincie Romane, of the vote, explains how pleasing
venga compiuta l'Unità Nazionale:
it is to him that, by the vote of Rome
ricorda come questo felice avveni- and of the Roman Provinces, na-
mento, meglio che alla forza, fosse tional unity has been completed; he
dovuto alla evidente giustizia delle reminds us that this fortunate event
cagioni onde mosse si grande rivolgi- is due, rather than to force, to the
mento di cose.
evident justice of the causes through
which so great a change in events was
brought about.
722
DOCUMENTS
Aggiunge che l'Italia libera e pa- He adds that Italy, free and
drona orinai de'suoi destini, racco- mistress henceforth of her destinies,
gliendosi nella famosa Città la quale gathering in the famous city which
fu due volte Capitale del Mondo, tro- was twice the capital of the world,
verà nelle ispirazioni della propria will find in the inspirations of her own
civilità il modo d'assicurare la libertà civilization the means of assuring the
della Chiesa e la indipendenza del liberty of the Church and the inde-
Sommo Pontefice, e di ciò essergli pendence of the High Pontiff, and of
arra il senno e la temperanza dei Ro- this the good sense and the temperate-
inani.1
ness of the Romans will be a warrant.
Di tutto ciò il Guardasigilli, minis- Of all this the Keeper of the Seals,
tro di Grazia e Giustizia, ha, d'ordine Minister of Grace and Justice, has by
del Re, rogato il presente Processo order of the King, drawn up the
Verbale sottoscritto da S. M., dai present formal minute, subscribed by
Membri della Deputazione della Città His Majesty, by the Members of the
di Roma e delle Provincie Romane e Deputation for the City of Rome and
dai Grandi Ufficiali dello Stato che the Roman Provinces, and by the
hanno assistito all’Atto controsegnato High Officers of State who have
dai Ministri Segretari di Stato e mu- participated in the Act, countersigned
nito dal Ministro di Grazia e Giustizia by the Ministers Secretaries of State,
del Sigillo di Stato.
and provided with the Seal of State
by the Minister of Grace and Justice.
L'originale del presente Atto verrà The original of the present Act will
depositato e conservato negli Archivi be deposited and preserved in the gen-
generali del Regno.
eral Archives of the Kingdom.
1 Sua Maestà rispondeva:
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.
“Io, 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
723
VITTORIO EMANUELE
VICTOR EMANUEL
MICHELANGELO CAETANI
MICHELANGELO CAETANI.
LIS
UMBERTO DI SAVOIA AMEDEO DI UMBERTO DI SAVOIA, AMEDEO DI
SAVOIA - EUGENIO DI SAVOIA. SAVOIA, EUGENIO DI SAVOIA.
Avv. R. MARCHETTI Princ. B. Adv. R. MARCHETTI, Prince B.
ODESCALCHI – E. de Principi Rus- ODESCALCHI, Prince RUSPOLI, V.
poli - V. TITTONI — P. DE ANGE- TITTONI, P. DE ANGELIS, A. CAS-
A. CASTELLANI Prof. C.
TELLANI, Prof. C. MAGGIORANI, F.
MAGGIORANI — F. SFORZA CESARINI
F. SFORZA CESARINI SFORZA CESARINI, G. MOSCARDINI,
--- G. MOSCARDINI, Presidente -- A.
A. President, A. CONTI, Gen. LA MAR-
CONTI – Gen. LA MARMORA B.
MORA, B. RICASOLI, U. RATTAZZI, G.
RICASOLI U. RATTAZZI G. CA- CASATI, President of the Senate, DES
SATI, Pres. del Senato DES AM- AMBROIS, F. ARESE, G. LANZA, G.
BROIS — F. ARESE G. LANZA G. BIANCHERI, VISCOUNTI VENOSTA,
BIANCHERI VISCONTI-VENOSTA Q. SELLA, C. CORRENTI, CASTAG-
Q. SELLA
C. CORRENTI Cas- NOLA, GADDA RICOTTI, Minister of
TAGNOLA GADDA — RICOTTI, Min-
RICOTTI, Min- War, ACTON, VIGLIANI, A. CON-
istro della Guerra ACTON — VIG- FORTI, A. DUCHOQUÉ, M. de SON-
A. CONFORTI A. DU- NAZ, C. MARZUCCHI, Vice President
CHOQUÉ M. DE SONNAZ — C. of the Senate, R. D'AFFLITTO, Duke
MARZUCCHI, Vicepresidente del Sen- OF CASTROPIGNANCO, Vice President
ato — R. D'AFFLITTO Duca di Cas- of the Senate, Marquis G. GUG-
TROPIGNANO, Vicepresidente del Sen- LIELMI, C. E. BORGIA, President,
ato Marchese G. GUGLIELMI Adv. L. NOVELLI, A. LESEN, G.
C. E. BORGIA, Presidente – L. Avv. ANGELO MANNI, F. VALERIANI, O.
NOVELLI - A. LESEN - G. ANGELO CAETANI, Prince of TEANO, A.
MANNI — F. VALERIANI
F. VALERIANI — O. CAE- SILVESTRELLI, A. RossI, A. BERETTA,
TANI Principe di TEANO — A. SIL- Secretary of the Senate, L. CHIESI,
VESTRELLI A. Rossi A. BE- Secretary of the Senate, T. MAN-
RETTA, Segretario del Senato L.
ZONI, Secretary of the Senate, V.
CHIESI, Segretario del Senato T. CAPRIOLO, D. BERTI, F. DESANCTIS,
MANZONI, Segretario del Senato -- V. B. CAIROLI, C. BARTEA, M. MACCHI,
LIANI
mom
Free agree-
not a little to fortune, we owe much more to the evident justice of our cause.
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
DOCUMENTS
TIS
RINI
CAPRIOLO - D. BERTI — F. DESANC- C. CORTE, D. FARINI, S. CALVINO, F.
B. CAIROLI C. BERTEA Cucchi, V. MALENCHINI, U. PER-
M. MACCHI C. CORTE — D. FA- UZZI, Acting Syndic of Florence, F.
S. CALVINO F. CUCCHI RIGNON, Acting Syndic of Turin, G.
V. MALENCHINI U. PERUZZI, ff. BELLINZAGHI, Syndic of Milan, D.
di Sindaco di Firenze — F. RIGNON, PERANNI, Syndic of Palermo.
ff. di Sindaco di Torino G. BEL-
LINZAGHI, Sindaco di Milano - D.
PERANNI, Sindaco di Palermo.
Il Ministro di Grazia e Giustizia: The Minister of Grace and Justice:
MATTEO RAELI.
MATTEO RAELI.
Royal Decree Incorporating the Roman Provinces in the Kingdom of Italy,
October 9, 1870.
VITTORIO EMANUELE II
VICTOR EMANUEL II
BY THE GRACE OF GOD AND THE WILL
PER GRAZIA DI DIO E PER VOLONTÀ
DELLA NAZIONE RE D'ITALIA
OF THE NATION KING OF ITALY
Vista la legge del 17 marzo 1861, In view of the law of March 17th,
n. 4671;
1861, No. 4761;
Visto il risultamento del plebiscito, In view of the result of the
col quale i cittadini delle provincie ro- plebiscite by which the citizens of the
mane, convocati nei Comizi il giorno Roman Provinces, convened in popu-
2 del corriente mese di ottobre, hanno lar assemblies on the 2nd of October
dichiarato l'unione al Regno d'Italia of the current month, have declared
colla Monarchia Costituzionale di the union to the Kingdom of Italy
VITTORIO EMANUELE II et de' with the constitutional monarchy of
suoi successori;
VICTOR EMANUEL II and of his
successors;
Considerando che i voti espressi dal Considering that the votes given by
Parlamento per compiere l'unità na- the Parliament to carry out the na-
zionale, e le conformi dichiarazioni tional unity and the similar declara-
del Governo ricordate anche nei bandi, tions of the Government, recorded
che invitarono le popolazioni romane also in the proclamations which in-
a dare il loro suffragio per l'unione vited the Roman populations to give
al Regno, mantennero costantemente their suffrages for the union of the
il concetto, che, cessato il dominio kingdom, have constantly maintained
1 Gazetta Ufficiale del Regno d'Italia, Florence, October 9.
ROME, 1870
725
temporale della Chiesa, si avesse ad the principle that, the temporal do-
assicurare l'independenza dell'autorità minion of the Church having ceased,
spirituale del Sommo Pontifice; it was right to secure the independence
of the spiritual authority of the Sov-
ereign Pontiff;
Sulla proposta del Consiglio dei On the proposal of the Council of
Ministri,
the Ministers
Abbiamo decretato e decretiamo: We have decreed and do decree:
ART. 1. Roma e le provincie ro- ARTICLE 1. Rome and the Roman
mane fanno
fanno parte integrante del Provinces form an integral part of
Regno d'Italia.
the Kingdom of Italy.
Art. 2. Il Sommo Pontefice con Art. 2. The Sovereign Pontiff
serva la dignità, la inviolabilità e tutte preserves the dignity, inviolability,
le prerogative personali di Sovrano. and all the personal prerogatives of a
Sovereign.
Art. 3. Con apposita legge ver- ART. 3. A special law shall sanc-
ranno sancite le condizioni atte a ga-
tion the conditions for the guarantee,
rantire, anche con franchigie terri- even by territorial immunities of the
toriali, l'indipendenza del Sommo independence of the Sovereign Pontiff
Pontefice e il libero esercizio dell'au- and the free exercise of the spiritual
torità spirituale della Santa Sede. authority of the Holy See.
ART. 4. L'articolo 82 dello Sta-
Art. 4. Article 82 of the Consti-
tuto sarà applicabile alle provincie ro- tution shall be applied to the Roman
mane sino a che le provincie medesime Provinces until they are represented
non siano rappresentate nel Parla- in the National Parliament.
mento Nazionale.
Art. 5. Il presente decreto sarà Art. 5. The present decree shall
presentato al Parlamento per essere be presented in Parliament to be made
convertito in legge.
into law.
Ordiniamo che il presente decreto,
We order that the present decree,
munito del sigillo dello Stato, sia in-
sealed with the seal of State, shall be
serto nella Raccolta ufficiale delle inserted in the official collection of the
leggi e dei decreti del Regno d'Italia, laws and decrees of the Kingdom of
mandando a chiunque spetti di osser- Italy, commanding all whom it con-
varlo e di farlo osservare.
cerns to observe it and cause it to be
observed.
Dato a Firenze addì 9 ottobre 1870. 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 1
en
Dans le but de préciser le sens que In order to define the meaning at-
leurs Gouvernements attribuent à tributed by their Governments to each
chacun des principes contenus dans les of the principles contained in the 4
4 Articles, et se réservant d'ailleurs Articles and, moreover, reserving as
comme ils ont toujours fait, la faculté has always been the custom, the right
de poser telles conditions particulières to propose such special conditions as
qui leur paraîtraient exigées en sus appear to them to be necessitated, in
des 4 garanties par l'intérêt général addition to the 4 guarantees, by the
de l'Europe pour prévenir le retour general interests of Europe, in order
des dernières complications, les Re- to prevent the return of the recent
présentants de l'Autriche, de la complications, the Representatives of
France, et de la Grande Bretagne dé- Austria, France, and Great Britain de-
clarent :
clare:
1. Que leurs Gouvernements, 1. That their Governments, judg-
jugeant de commun accord qu'il était ing by common accord that it was nec-
nécessaire d'abolir le Protectorat ex- essary to abolish the exclusive Pro-
clusif exercé par la Russie sur la Mol- tectorate exercised by Russia over
davie, la Valachie et la Serbie, et de Moldavia, Wallachia and Serbia, and
placer dorénavant sous la garantie col- to place, henceforth, under the col-
lective des 5 Puissances les privilèges lective guarantee of the 5 Powers the
reconnus par les Sultans à ces Princi- privileges recognized by the Sultans
pautés dépendantes de leur Empire, as possessed by these Principalities,
ont entendu et entendent qu'aucune dependent on their Empire, have de-
des stipulations des anciens Traités termined and determine that none of
de la Russie avec la Porte concernant the stipulations of the former Treaties
les dites Provinces ne pourrait être re- of Russia with the Porte concerning
mise en vigueur à la paix, et que les the said provinces shall be again in
arrangements à conclure à leur sujet force after peace is concluded, and
seraient ultérieurement combinés de 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
727
façon à donner une pleine et entière cerning them shall be arranged later
satisfaction aux droits de la Puissance
in such a manner as to give full and
Suzeraine, à ceux des 3 Principautés, entire satisfaction to the rights of the
et aux intérêts généraux de l'Europe. 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 1. The Danubian Principalities of
de Moldavie, Valachie, et Serbie con- Moldavia, Wallachia and Serbia shall
tinueront à relever de la Sublime Porte continue to be held of the Sublime
en vertu des anciennes capitulations et Porte by virtue of the ancient capitu-
Hats Impériaux ? en vigueur. Au- lations and Imperial Hats 2 in force.
cune protection exclusive ne sera ex- No exclusive protection shall hence-
ercée dorénavant sur ces Provinces. forth be exercised over these Prov-
irices.
2. La Sublime Porte, dans la pléni- 2. The Sublime Porte, in the full-
tude de son pouvoir suzerain, conser- ness of its Suzerain power, shall pre-
vera intacte aux dites Principautés serve intact to the said Principalities
leur administration indépendante et their independent and national admin-
nationale, et par conséquent la pleine istration, and, in consequence, full
liberté de culte, de législation, de com- freedom of worship, of legislation, of
merce, et de navigation. Toutes les commerce and of navigation. All
clauses qui ont pour objet la prosperité the clauses contained in the Imperial
du pays, contenues dans les Hats Im- Hats, which have as their object
périaux, sont maintenues et seront, the prosperity of the country, are
selon les circonstances, soigneuse- maintained, and shall be carefully de-
ments developpées.
veloped according to circumstances.
3. La Sublime Porte, considérant 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
DOCUMENTS
dans sa sagesse que la position poli- in its wisdom that the political posi-
tique des 3 Principautés touche de tion of the 3 Principalities closely
très près les intérêts généraux de l'Eu- touches the general interests of Eu-
rope, s'entendra dans la voie la plus rope, will arrive at its determination
amicale avec les Puissances ses amies, by the most amicable method, with
sur le contenu d'un Hat solennel, the Powers, its friends, as to the con-
comprenant l'ensemble des stipulations tents of the solemn Hat, comprising
relatives aux droits et immunités des the whole body of stipulations relat-
dites Principautés; elle en fera com- ing to the rights and immunities of
munication aux Puissances Contrac- the said Principalities; it will com-
tantes, qui de leur côté, après examen. municate this to the contracting Pow-
assumeront la garantie.
ers who on their part, after examina-
tion, will assume the guarantee.
Proposition of Prince Gortchakoff Advocating Consultation of the Principali-
ties. March 17, 1855 1
Les immunités dont jouissent ces The immunities enjoyed by these
Provinces, et qui leur sont assurées Provinces, assured to them by the
par des Hatti-schérifs formels, peu- formal Hatti-scherifs 2 may be sum-
vent se résumer en ces termes :
marized in the following terms:
Liberté de culte.
Freedom of worship.
Administration nationale indépen- Independent National administra-
dante, régie selon des institutions du tion, organized in accordance with
pays légalement établies.
the legally established institutions of
the country.
Liberté entière du commerce.
Entire freedom of commerce.
Election des Hospodars par l'As- Election of the Hospodars by the
semblée des Divans.
Assembly of the Divans.
Par une garantie collective des 5 By a collective guarantee of the 5
Puissances, ces immunitées acquére- Powers, these immunities would ac-
raient le caractère universel du droit quire the universal character of pub-
public Européen.
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
729
Pour arriver à ce résultat, il s'agi- To achieve this result, it is doubt-
rait sans nul doute de régulariser quel- less a question of regulating various
ques points de détail, et dans l'examen details and in the examination of
de ces questions le Statut Organique those questions the Organic Act
qui régit aujourd'hui les Principautés which is today in force in the Prin-
pourra devenir matière à délibération. cipalities might become a matter for
deliberation.
Sous ce rapport, je pourrais pour le Under this heading, I would limit
moment me borner à faire 2 observa- myself for the moment to making 2
tions :
observations.
I. Le Statut a été le résultat de de- I. The Act has been the result of
libérations sérieuses, où les veux et serious deliberations, in which the
l'opinion et l'expérience locale des no- wishes and the local experience of
tables des pays ont été dûment pris en the notables of the countries have
considération. S'il s'agit d'y apporter been duly taken into consideration.
des modifications de manière à ne If there is a question of modifying
point compromettre les intérêts réels it in such a manner as not to com-
du pays, il conviendra de procéder à promise the real interests of the coun-
cette révision avec maturité et avec le try, it would be expedient to proceed
concours légal d'organes choisis dans to this revision with mature consider-
son sein.
ation and with the legal assembling
of organs chosen in the country.
II. Nul doute que ce travail, par sa II. There is no doubt that this
nature, ne soit compliqué. Il exigera work will, from its very nature, be
du temps. Les Plénipotentiaries des complicated. Time will be necessary.
5 Puissances pourront y apporter des The Plenipotentiaries of the 5 Pow-
vues divergentes. Vouloir achever ers may bring to it divergent views.
cette cuvre dans les Conférences ac- To endeavor to finish this work in the
tuelles serait ou lui imprimer une Conferences themselves would result
hâte qui rendrait incomplète ou pro- either in impressing on it a character
longer la durée de ces Conférences of haste which would render. it in-
outre mesure au détriment du but complete, or in prolonging the dura-
élevé qu'il s'agit d'atteindre.
tion of the Conferences beyond
Ne pourrait-il pas suffire de réserver measure, to the detriment of the ob-
ces difficultés à un examen subsequent ject which it is desired to attain.
et de commencer par statuer dans le Would it not be sufficient to reserve
Traité de Paix certains principes these difficulties for subsequent exam-
généraux:
ination and to begin by stating in the
Treaty of Peace certain general prin-
ciples :
1. Conservation des privilèges as-
1. Preservation of the privileges
730
DOCUMENTS
surés aux Principautés par les Hatti- assured to the Principalities by the
schérifs existant par rapport à la li- existing Hatti-scherifs on the sub-
berté du culte, l'indépendance de l'ad- ject of freedom of religion, independ-
ministration nationale, la liberté en- ence of national administration, en-
tière du commerce, &c.
tire freedom of commerce, &c.
2. Accord des 5 Puissances de ga- 2. Agreement of the 5 Powers to
rantir en commun l'existence de cet jointly guarantee the existence of
état de choses dans un intérêt général this state of things, in the general
d'ordre public et de civilisation. interest of public order and of civili-
zation.
3. Détermination arrêtée de com- 3. Determination to be arrived at
mun accord de consulter les veux by common accord, to consult the
du pays quant au maintien ou à la wishes of the country as to the main-
modification du Règlement qui con- tenance or the modification of the Act
stitue la base de son organisation in- which constitutes the basis of its in-
térieure. Enfin,
ternal organization. Lastly,
4. Ajournement de ce travail à 4. Adjournment of this undertak-
une époque convenue de concert avec ing to a time agreed on in concert
le Gouvernement Ottoman.
with the Ottoman Government.
Development of the First Point of the Memorandum as Finally Adopted
March 19, 1855 1
1. Les Principautés Danubiennes 1. The Danubian Principalities of
de Moldavie, de Valachie, et de Ser- Moldavia, of Wallachia, and of Ser-
bie continueront à relever de la Sub-' bia shall continue to be held of the
lime Porte en vertu des anciennes Sublime Porte by virtue of the an-
capitulations et Hats Impériaux qui cient capitulations and Imperial Hats
ont fixé et déterminé les droits et im- which have fixed and determined the
munités dont elles jouissent.
rights and immunities which they en-
joy.
Aucune protection exclusive ne No exclusive protection shall hence-
sera dorénavant exercée sur ces Prov- forth be exercised over these Prov-
inces.
inces.
2. La Sublime Porte, dans la pléni- 2. The Sublime Porte, in the full-
tude de son pouvoir suzerain, conser- ness of its suzerain power, shall pre-
vera aux dites Principautés leur ad- 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
731
ministration indépendante et nation- independent and national administra-
ale, et par conséquent la pleine liberté tion, and, in consequence, full freedom
de culte, de législation, de commerce of worship, of legislation, of com-
et de navigation.
merce and of navigation.
Toutes les clauses contenues dans All the clauses contained in the
les Hats Impériaux, lesquelles ont
ont Imperial Hats, which have as their
pour objet l'organisation intérieure object the internal organization of
de ces Principautés, ne pourront être these Principalities, can be developed
développées que dans un esprit con- only in a spirit in conformity with
forme à ces principes et selon les be- their principles and according to the
soins dûment constatés du pays. duly established needs of the country.
Le territoire des dites Principautés The territory of the said Principali-
ne pourra subir aucune diminution. ties shall not be in any way dimin-
ished.
3. La Sublime Porte, considérant 3. The Sublime Porte, considering
dans sa sagesse que la position poli- in its wisdom that the political posi-
tique des 3 Principautés, dont il s'agit, tion of the 3 Principalities, which is
touche de très près aux intérêts gé- under discussion, touches closely the
néraux de l'Europe, s'entendra dans la general interests of Europe, shall ar-
voie la plus amicale avec les Puis- rive at its determination by the most
sances Contractantes, soit pour le anticable method with the Contract-
maintien de la législation en vigueur ing Powers, whether it be for the
dans ces provinces, soit pour les mo- maintenance of the legislation in force
difications à y apporter. A cet effet
A cet effet in those provinces, or for modifica-
elle consultera les võux du pays et tions to be made to them. For this
consignera dans
Hatti-schérif purpose it shall consult the wishes of
solennel l'ensemble des dispositions the country and shall deposit in a
relatives aux droits et immunités des solemn Hatti-scheriff the dispositions
dites Principautés. Avant de le pro- relative to the rights and immunities
mulguer elle fera communication de of the said Principalities. Before
cet Acte aux Puissances, qui, de leur promulgating this it shall communi-
côté après examen, en assumeront la cate this Act to the Powers, which, on
garantie.
their part, after examination, shall
assume the guarantee.
un
732
DOCUMENTS
Congress of Paris.-- Extracts from Protocols Nos. 1, 6, 8 and 22.
February 25-April 16, 1856 1
Annexe au Protocole No. 1.
Annex to Protocol No. 1.
Présents:
Present:
" Russia
Les Représentants de la France, The Representatives of France
de l'Autriche,
Austria
de la Grande Bre-
Great Brit-
tagne,
ain
de la Russie,
de la Turquie.
Turkey
Par suite de l'acceptation par leurs Following the acceptance by their
Cours respectives des cinq proposi- respective Courts of the five propo-
tions renfermées dans le document ci- sitions set forth in the document an-
annexé sous le titre de Projet de Pré- nexed herewith under the title of Pre-
liminaires, les Soussignés, après liminary Draft, the undersigned, after
l'avoir parafé, conformément à l'au- having affixed their signatures, ac-
torisation qu'ils ont reçue à cet effet, cording to the authorization which
sont convenus que leurs Gouverne- they have received to that effect, are
ments nommeront chacun des Pléni- agreed that their Governments should
potentiaires munis des pleins pouvoirs each name Plenipotentiaries with full
nécessaires pour procéder à la signa- power necessary to proceed to the
ture des Préliminaires de Paix for- signing of the formal Preliminaries
mels, conclure un armistice et un of Peace, to conclude an armistice and
Traité de Paix définitif. Les dits a definitive Treaty of Peace. The
Plénipotentiaires auront à se réunir said Plenipotentiaries shall meet at
à Paris dans le terme de trois semaines Paris within three months from to-
à partir de ce jour, ou plus tôt si faire day, or earlier if possible.
se peut.
Fait à Vienne le premier février, Done at Vienna, the first of Febru-
mil huit cent cinquante-six, en quin- ary 1856 with five copies.
tuple expédition
(Ont signé) BOURQUENEY. BUOL- (Signed) BOURQUENEY. BUOL-
SCHAUNESTEIN. G. H. SEYMOUR. SCHAUENSTEIN.
G. H. SEYMOUR.
GORTCHAKOFF. HIZAM.
GORTCHAKOFF. HIZAM.
1 Martens, N. R. G., vol. 15, p. 700 et seq.
MOLDAVIA AND WALLACHIA, 1857
733
PROJET DE PRÉLIMINAIRES.
PRELIMINARY DRAFT.
1. Principautés Danubiennes.
1. Danubian Principalities.
Abolition complète du Protectorat Complete abolition of the Russian
Russe.
Protectorate.
La Russie n'exercera aucun droit Russia shall exercise no particular
particulier ou exclusif de protection or exclusive rights of protection, or
ou d'ingérence dans les affaires in- of interference in the internal affairs
térieures des Principautés Danubi- of the 'Danubian Principalities. The
Principalities shall preserve their priv-
Les Principautés conserveront leurs ileges and immunities under the su-
privilèges et immunités sous la suze- zerainty of the Porte, and the Sultan,
raineté de la Porte, et le Sultan, de in concert with the contracting Pow-
concert avec les Puissances Contrac- ers, shall, moreover, grant to these
tantes, accordera, en outre, à ces Prin- Principalities, or shall confirm to
cipautés ou y confirmera une organisa- them, an internal organization, in
tion intérieure, conforme aux besoins conformity with the needs and with
et aux vaux des populations.
the wishes of the populations.
ennes.
Protocole No. 6.- Séance du 8 mars
1856.
Protocol No. 6 -- Session of March
8, 1856.
Le Congrès passe à l'examen des The Congress passes to the exam-
propositions relatives à l'organisation ination of the propositions relating to
des Principautés.
the organization of the Principalities.
M. LE COMTE WALEWSKI fait re- COUNT WALEWSKI draws attention
marquer qu'avant de toucher à ce to the fact that before touching on this
point important de la négociation, il important point of the negotiations,
est indispensable de délibérer sur une it is indispensable that discussion
question qui est dominante et à la so- should take place on a question which
lution de laquelle se trouvent néces- is a dominant one, and to the solution
sairement subordonnés les travaux ul- of which the further labors of the
térieurs du Congrès à ce sujet; cette Congress on this subject are neces-
question est celle de savoir si la Mol- sarily subordinate; this question is
davie et la Valachie seront désormais that of whether Moldavia and Walla-
réunies en une seule Principauté, ou si chia shall be henceforth united in one
elles continueront à posséder une ad- Principality, or whether they shall
ministration séparée. M. le Premier
M. le Premier continue to have a separate adminis-
Plénipotentiaire de la France pense tration. The First Plenipotentiary of
que la réunion des deux Provinces ré- France is of the opinion that as the
734
DOCUMENTS
pondant à des nécessités révélées par union of the two Provinces corre-
un examen attentif de leurs véritables sponds to the necessities revealed by a
intérêts, le Congrès devrait l'admettre careful examination of their true in-
et la proclamer.
terests, the Congress should admit
and proclaim it .
M. LE PREMIER PLÉNIPOTENTIAIRE The FIRST PLENIPOTENTIARY OF
DE LA GRANDE-BRETAGNE partage et GREAT BRITAIN shares and supports
appuie la même opinion, en se fondant the same opinion, basing it especially
particulièrement sur l'utilité et la con- on the utility and propriety of taking
venance à prendre en sérieuse consi- into serious consideration the wishes
dération les veux des populations of the populations, which, he adds, it
dont il est toujours bon, ajoute-t-il, de is always well to consider.
venir compte.
M. LE PREMIER PLÉNIPOTENTIAIRE The FIRST PLENIPOTENTIARY OF
DE LA · TURQUIE la combat. Aali TURKEY opposes this view. Aali
Pacha soutient qu'on ne saurait at- Pasha maintains that it is impossible
tribuer à la séparation des deux to attribute to the separation of the
provinces la situation, à laquelle il two provinces the situation to which it
s'agit de mettre un terme; que la is a question of making an end; that
séparation date des temps les plus the separation dates from the most an-
reculés, et que la perturbation qui a cient times, and that the unrest which
régné dans les Principautés, remonte has prevailed in the Principalities
à une époque relativement récente; dates from an epoch relatively recent;
que la séparation est la conséquence that the separation is the natural con-
naturelle des mæurs et des habitudes, sequence of customs and habits, which
qui diffèrent dans l'une et l'autre differ in the two provinces; and that
province, que quelques individus, sous certain individuals, under the influ-
l'influence de considérations perso- ence of personal considerations, have
nelles, ont pu formuler un avis con- formed an opinion contrary to the
traire à l'état actuel, mais que telle actual fact, but that such is certainly
n'est pas certainement l'opinion des not the opinion of the populations.
populations.
M. LE COMTE DE BUOL, quoique COUNT DE BUOL, although not au-
n'étant pas autorisé à discuter une thorized to discuss a question not pro-
question que ses instructions n'ont pas vided for in his instructions, agrees
prévue, pense, comme le Premier with the First Plenipotentiary of Tur-
Plénipotentiaire de la Turquie, que key that nothing would justify the
rien ne justifierait la réunion des deux union of the two provinces; the popu-
provinces ; les populations, ajoute-t-il lations, he adds, have not been con-
n'ont pas été consultées, et, si l'on con- sulted and, if one considers the value
sidère le prix que chaque aggloméra- which each group attaches to its au-
MOLDAVIA AND WALLACHIA, 1857
735
tion attache à son autonomie, on peut tonomy, one can deduce a priori that
en déduire a priori, que les Moldaves, the Moldavians, like the Wallachians,
comme les Valaques, désirent, avant wish above all things to maintain their
tout, conserver leurs institutions lo-
local and separate institutions.
cales et séparées.
Après avoir développé tous les mo- Having developed all the forces
tifs qui militent pour la réunion, M. which militate for union, COUNT WA-
LE COMTE WALEWSKI répond que le LEWSKI answers that the Congress can
Congrès ne peut consulter directement not consult these populations directly,
ces populations, et qu'il doit néces- and that it must necessarily proceed in
sairement procéder à cet égard par this respect by means of presumption.
voie de présomption. Or, dit-il, tous But, he says, all the information
les renseignements s'accordent à rep- agrees in showing the Moldavians and
résenter les Moldo-Valaques comme Wallachians as unanimously desirous
unanimement animés du désir de ne of forming in the future but one sin-
plus former, à l'avenir, qu'une seule gle Principality.
Principauté.
M. LE PREMIER PLÉNIPOTENTIAIRE The FIRST PLENIPOTENTIARY OF
DE L'AUTRICHE ne croit pas pouvoir AUSTRIA does not feel able to give full
accorder une foi entière aux informa- credence to the information on which
tions sur lesquelles se fonde le Pre- the First Plenipotentiary of France
mier Plénipotentiaire de la France. relies. Moreover, he thinks that the
Il pense d'ailleurs, que l'opinion du opinion of the First Plenipotentiary
Premier Plénipotentiaire de la Tur- of Turkey, better placed than any
quie, mieux placé qu'aucun autre other member of the Congress to ap-
membre du Congrès pour apprécier les preciate the true needs and wishes of
véritables besoins et les væux des the populations, is entitled to special
populations, mérite d'être prise en con- consideration : that on the other hand
sidération particulière: que, d'autre the Powers are pledged, before all, to
part, les Puissances sont, avant tout, maintain the privileges of the Prin-
engagées à maintenir les privilèges des cipalities, and that to force the two
Principautés, et que ce serait y porter provinces to merge would be a grave
une grave atteinte que de contraindre infringement on their privileges since
les deux provinces à se fondre l'une the foremost among these is that of
dans d'autre, puisque au nombre de being separately administered. He
ces privilèges se trouve, avant tout, adds that later, and when there shall
celui de s'administrer séparément. Il have been established in the Princi-
ajoute que plus tard, et quand on aura palities an institution which could be
constitue dans les Principautés une in regularly considered as a legitimate
stitution pouvant être régulièrement organ of the wishes of the country,
considérée comme l'organe légitime one could, if occasion arose, proceed .
736
DOCUMENTS
des voeux du pays, on pourra, s'il y to the union of the two provinces with
ar lieu, procéder à l'union des deux a perfect knowledge of the facts.
provinces avec une parfaite connais-
sance de cause.
M. LE BARON DE BOURQUENEY ré- BARON DE BOURQUENEY replies to
pond au Premier Plénipotentiaire de the First Plenipotentiary of Austria
l'Autriche qu'il ne peut partager son
that he can not share his opinion.
appréciation. Les bases de la négo- The bases of the negotiation, he says,
ciation, dit-il, portent que les Princi- state that the Principalities shall
pautés conserveront leurs privilèges et maintain their privileges and immu-
immunités, et que le Sultan, de con- nities, and that the Sultan, in concert
cert avec ses alliés, leur accordera ou with his allies, shall grant or confirm
y confirmera une organisation inté- to them an internal organization in
rieure conforme aux besoins et aux conformity with the needs and wishes
vaux des populations. Nous avons of the populations. We have accord-
donc, à Vienne, entendu réserver au ingly understood, at Vienna, that there
Sultan et à ses alliés le droit et le soin is reserved to the Sultan and his allies
de se concerter sur les mesures propres the right and duty to act in concert
à assurer le bonheur de ces peuples, on the measures calculated to assure
en tenant compte de leurs væux. Or, the well-being of these peoples, tak-
la France a déposé, aux Conférences ing their wishes into consideration.
de l'an dernier, un Acte qui a placé But France, at the Conferences of the
la question sur le terrain de la discus- preceding year, has presented an Act
sion, et il ne s'est élevé nulle part, which has opened the question to dis-
depuis lors, une manifestation tendant cussion and there have occurred since
à infirmer les renseignements qui nous then no manifestations tending to
portent à croire que les Moldo-Va- contravert the information which
laques désirent la réunion des pro- leads us to believe that the Moldo-
vinçes en une seule Principauté. Wallachians desire the union of the
two Provinces into one single Princi-
pality.
M. LE PREMIER PLÉNIPOTENTIAIRE The FIRST PLENIPOTENTIARY OF
DE SARDAIGNE rappelle, afin d'établir SARDINIA, in order to establish the
que le væu des populations à cet égard fact that the wish of the peoples on
est antérieur aux circonstances ac- this point antedates the present cir-
tuelles, qu'un Article du Statut Or- cumstances, recalls that an article of
ganique a préjugé la question en dé- the Organic Statute has settled the
posant dans cet Acte le principe de la question by embodying in the Act the
réunion éventuelle des Principautés. principle of the eventual union of the
Principalities.
AALI PACHA soutient que l'Article AALI PACHA contends that the Arti-
MOLDAVIA AND WALLACHIA, 1857
737
cité par M. le Comte de Cavour ne cle cited by Count Cavour is not open
saurait comporter une semblable in- to such an interpretation.
terprétation.
M. LE COMTE ORLOFF déclare que COUNT ORLOFF declares that the
les Plénipotentiaires de Russie, ayant Plenipotentiaries of Russia, having
pu apprécier les besoins et les veux been able to appreciate the needs and
des deux Principautés, appuient le wishes of the two Principalities, sup-
projet de réunion comme devant aider port the project of union as an aid to
à la prospérité de ces provinces. the prosperity of these provinces..
Protocole No. 8. — Séance du 12 mars
1856.
Protocol No. 8 - Session of March
12, 1856.
Le Protocole de la séance précé- The Protocol of the preceding Ses-
dente est lu et approuvé.
sion is read and approved.
M. LE BARON DE BOURQUENEY rend BARON DE BOURQUENEY reports on
compte du travail de la Commission the work of the Committee which at
qui, dans la dernière réunion, a été the last Session was charged with the
chargée de préparer le texte des Arti- preparation of the text of the Articles
cles du Traité concernant l'organisa- of the Treaty concerning the future
tion future des Principautés.
organization of the Principalities.
Avant de donner lecture des Arti- Before reading the Articles pro-
cles proposés par la Commission, M. posed by the Commission, BARON DE
LE BARON DE BOURQUENEY établie que BOURQUENEY states that the object of
le but du travail de cette Commission the work of the Commission has been
a été de concilier les opinions émises to reconcile the opinions expressed at
dans la dernière séance.
the last session.
La marche proposée par la Com- The policy proposed by the Com-
mission, ajoute M. LE BARON DE mittee, adds BARON DE BOURQUENEY,
BOURQUENEY, repose sur trois prin- rests on three principles :
cipes:
Conclure la paix sans en subor- To conclude peace without subor-
donner l'instrument final à un acte di- dinating the final instrument to a post-
plomatique resté en suspens:
poned diplomatic act:
Prendre les mesures propres à s'as- To take suitable measures to make
surer du veu des populations sur des certain as to the wish of the popula-
questions de principe non encore ré- tions on the questions of principle not
solues;
yet settled :
Respecter les droits de la Puissance To respect the rights of the Suze-
738
DOCUMENTS
Suzeraine, et ne pas laisser de côté rain Power, and not to disregard
ceux des Puissances garantes, en éta- those of the Guaranteeing Powers,
blissant la double nécessité d'un acte by establishing the necessity both of a
diplomatique pour consacrer les prin- diplomatic act to embody the princi-
cipes adoptés comme bases de l'or- ples adopted as bases of organization
ganisation des Principautés, et d'un of the Principalities, and of a hatti-
hatti-schérif pour en promulguer l'ap- scherif to promulgate the application
plication.
of them.
Partant de ces trois idées, la Com- Taking these three ideas as their
mission propose l'envoi immédiat à point of departure, the Commission
Bucharest de délégués, qui s'y réuni- proposes the immediate dispatch of
ront à un Commissaire Ottoman. delegates to Bucharest who shall there
meet an Ottoman Commissioner.
Des Divans ad hoc seraient con- Divans ad hoc should be convoked
voqués sans retard au cheflieu des without delay at the capitals of the
deux Provinces. Ils seraient com- two Provinces. They should be con-
posés de manière à offrir les garanties stituted in such a manner as to offer
d'une véritable et sérieuse représenta- guarantees of an accurate and digni-
tion
fied representation.
La Commission Européenne, pre- The European Commission, taking
nant en considération les væux ex- into consideration the wishes ex-
primés par les Divans, réviserait les pressed by the Divans, should revise
statuts et règlements en vigueur. Son the statutes and laws in force. Its
travail serait transmis au siège actuel work should be communicated to the
des Conférences. Une Convention then seat of the conferences. A dip-
diplomatique basée sur ce travail, lomatic convention based on
on this
serait conclue entre les Puissances work, should be concluded between the
Contractantes, et un hatti-schérif, con- contracting powers, and
a hatti-
stituant l'organisation définitive, se- scherif establishing the definitive or-
rait promulgué par le Sultan.
ganization, should be promulgated by
the Sultan.
Le Congrès adopte la marche pro- The Congress adopts the policy
posée, et renvoie à une autre séance proposed and postpones to another
l'adoption définitive du texte des Ar- session the definitive adoption of the
ticles dont M. le Baron de Bourqueney text of the articles which Baron
a donné lecture.
Bourqueney has read.
Protocole No. 22.-Séance du 8 avril
1856.
Protocol No. 22 — Session of April
8, 1856.
Au nom de la Commission chargée
In the name of the Commission
MOLDAVIA AND WALLACHIA, 1857
739
d'en proposer la rédaction, M. LE charged with the preparation of the
BARON DE BOURQUENEY donne lecture text, BARON DE BOURQUENEY reads a
d'un projet d'instructions destinées draft of instructions to be sent to the
aux Commissaires qui devront se ren- Commissioners who are to be sent to
dre dans les Principautés, aux termes the Principalities, according to the
de l'Article XXIII du Traité de Paix. terms of Article XXIII of the Treaty
of Peace.
M. LE COMTE DE CLARENDON fait The EARL OF CLARENDON draws at-
remarquer que le Congrès s'est avant tention to the fact that the Congress
tout proposé, en s'occupant des Pro- has proposed first of all, in occupying
vinces Danubiennes, de provoquer itself with the Danubian Provinces, to
l'expression, librement émise, des provoke the expression, freely given,
voeux des populations, et que cet objet of the wishes of the populations, and
pourrait ne pas se réaliser si les Hos- that this object could not be achieved
podars restaient en possession des if the Hospodars should remain in
pouvoirs dont ils disposent, et qu'il y possession of the powers at their dis-
aurait lieu peut-être de rechercher une
posal, and that it would perhaps be
combinaison de nature à assurer une advisable to seek an arrangement of
liberté complète aux Divans ad hoc. such a nature as to assure complete
liberty to the Divans ad hoc.
M. LE PREMIER PLÉNIPOTENTIAIRE The FIRST PLENIPOTENTIARY OF
DE L'AUTRICHE répond qu'on ne doit AUSTRIA answers that, at a moment of
toucher à l'administration, dans un transition such as this which the Prin-
moment de transition comme celui cipalities are going through, one
que les Principautés vont traverser, should interfere with the administra-
qu'avec une extrême réserve, et que ce tion only with extreme caution, and
serait tout compromettre que de met- that to put an end to all existing au-
tre fin à tous les pouvoirs avant d'en thority before setting up new ones
avoir constitué de nouveaux; que c'est would be to compromise everything;
à la Porte, dans tous les cas, que le that in any event the Congress should
Congrès devrait laisser le soin de pren- leave to the Porte the duty of taking
dre les mesures qui pourraient être those measures which might be judged
jugées nécessaires.
necessary
AALI PACHA expose que l'adminis- AALI PACHA states that the present
tration actuelle ne présente pas, peut- administration does not, perhaps, pre-
être, toutes les garanties que le Con- sent all the guarantees which the Con-
grès pourrait désirer; mais qu'on s'ex- gress could desire; but that there
poserait à tomber dans l'anarchie, si would be danger of anarchy should
l'on tentait de sortir de l'ordre legal. there be any attempt to depart from
the legal order.
LORD CLARENDON représente qu'il LORD CLARENDON answers that he
740
DOCUMENTS
n'entend nullement proposer le ren- has no intention of proposing the
versement de tous les pouvoirs; et, overturn of all authority and, with
avec d'autres Plénipotentiaries, il rap- the other Plenipotentiaries he recalls
pelle que l'autorité des Hospodars the fact that the authority of the
actuels touche au terme fixé par l'ar- present Hospodars is approaching the
rangement qui la leur a confiée, et que, limit of time fixed by the arrange-
pour rester dans les limites de l'ordre ment by which it was bestowed on
légal, il y a précisément lieu d'aviser. them, and that in order to remain
within the bounds of legality it was
necessary to take counsel.
Plusieurs Plénipotentiaires rappel- Several Plenipotentiaries also re-
lent également que la Loi Organique call that the Organic Law provided
prévoit l'interruption du pouvoir des for the suspension of the power of
Hospodars.
the Hospodars.
Après ces explications, le Congrès After these explanations the Con-
décide qu'il s'en réfère à la Sublime gress decides that it shall be left to
Porte pour prendre, s'il y a lieu, à the Sublime Porte, if it deems it ad-
l'expiration des pouvoirs des Hospo- visable, at the expiration of the pow-
dars actuels, les mesures nécessaires ers of the present Hospodars, to take
et propres à remplir les intentions du
measures necessary and proper • to
Congrès, en combinant la libre ex- carry out the intentions of the Con-
pression des vœux des Divans avec gress, combining the free expression
le maintien de l'ordre et le respect de of the wishes of the Divans with the
l'état légal.
maintenance of order and respect for
law.
Sur la proposition de MM. les Pre- On the proposition of the Plenipo-
miers Plénipotentiaires de la Grande- tentiaries of
of Great
Great Britain and
Bretagne et de la France, et pour pré- France, and to prevent any conflict or
venir tout conflit ou des discussions regrettable discussion, it is also agreed
regrettables, il est également convenu that the firman which shall convoke
que le firman qui doit ordonner la con- the Divans ad hoc shall fix the rules
vocation des Divans ad hoc fixera les to be followed in all that concerns the
règles qui devront être suivies en ce matter of presiding over the assem-
qui concerne la présidence de ces as- blies and the manner of their delibera-
semblées et le mode de leurs délibera- tions.
tions.
Après avoir pris ces résolutions, le After having taken these resolu-
Congrès adopte, sauf quelques mo- tions, the Congress adopts, except for
difications qui y sont introduites, les certain modifications, the instructions
instructions dont M. le Baron Bour- of which Baron Bourqueney has pre-
MOLDAVIA AND WALLACHIA, 741
,
1857
queney a présenté le projet, et qui sont
annexées au présent Protocole.1
sented the draft, and which are an-
nexed to the present Protocol.
Treaty of Peace Between Austria, France, Great Britain, Prussia, Russia, Sar-
dinia and the Ottoman Porte, Signed at Paris, March 30, 18562
Au nom de Dieu Tout-Puissant. In the name of God the Omnipo-
tent.
Leurs Majestés l'Empereur des Their Majesties the Emperor of the
Français, la Reine du Royaume-Uni French, the Queen of the United
de la Grande-Bretagne et d'Irlande, Kingdom of Great Britain and Ire-
l'Empereur de toutes les Russies, le land, the Emperor of all the Russias,
Roi de Sardaigne et l'Empereur des the King of Sardinia, and the Em-
Ottomans, animés du désir de mettre peror of the Ottomans, animated by
un terme aux calamités de la guerre, the desire to put an end to the calami-
et voulant prévenir le retour des com- ties of the war, and wishing to pre-
plications qui l'ont fait naître, ont vent the return of the complications
résolu de s'entendre avec Sa Majesté which have given rise to it, have re-
l'Empereur d'Autriche sur les bases à solved to come to an understanding
donner au rétablissement et à la con- with His Majesty the Emperor of
solidation de la paix, en assurant, par
Austria as to the bases on which the
des garanties efficaces et réciproques, reestablishment and strengthening of
l'indépendance et l'intégrité de l'Em- peace shall be effected, at the same
pire Ottoman.
time assuring, by effective and recip-
rocal guarantees, the independence
and the integrity of the Ottoman Em-
pire.
A cet effet, Leursdites Majestés ont For this purpose, their said Majes-
nommé pour leurs Plénipotentiaires, ties have named as their Plenipoten-
savoir:
tiaries, that is to say;
Sa Majesté l'Empereur des Fran- His Majesty the Emperor of the
çais: le sieur Alexandre, Comte Co- French; the Sieur Alexander, Count
lonna Walewski, et le sieur Colonna Walewski ... and the
François-Adolphe, Baron de Bour- Sieur François-Adolphe, Baron de
queney
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
DOCUMENTS
ner
Sa Majesté l'Empereur d'Autriche: His Majesty the Emperor of Aus-
le sieur Charles-Ferdinand, Comte de tria; the Sieur Charles Ferdinand,
Buol-Schauenstein, ... et le sieur Count von Buol-Schauenstein, and
Joseph-Alexandre, Baron de Hüb- the Sieur Joseph-Alexander, Baron
von Hübner
Sa Majesté la Reine du Royaume- Her Majesty the Queen of the
Uni de la Grande-Bretagne et d'Ir- United Kingdom of Great Britain and
lande: le Très-Honorable George- Ireland: the Right Honorable George
Guillaume-Frédéric, Comte de Claren- William Frederick, Earl of Claren-
don, ... et le
Très Honorable don . . . and the Right Honorable
Henri-Richard-Charles, Baron Cow Henry Richard Charles, Baron Cow-
ley.
ley.
Sa Majesté l'Empereur de toutes His Majesty the Emperor of all the
les Russies: le sieur Alexis, Comte Russias; the Sieur Alexis, Count Or-
Orloff, et le sieur Philippe, loff, . . . and the Sieur Philip, Baron
Baron de Brunnow
de Brunnow.
Sa Majesté le Roi de Sardaigne : le His Majesty the King of Sardinia :
sieur Camille Benso, Comte de Ca- the Sieur Camillo Benso, Count de
vour, ... et le sieur Salvator, Mar Cavour, . . . and the Sieur Salvator,
quis de Villamarina.
Marquis de Villamarina.
Et Sa Majesté l'Empereur des Ot- And His Majesty the Emperor of
tomans: Mouhammed - Emin - Aali - the Ottomans: Mouhammed-Emin-
Pacha, ... et Mehammed - Djemil - Aali-Pasha
and Mehemmed-
Bey..
Djemil-Bey
Lesquels se sont réunis en Congrès Who are met in Congress at Paris.
à Paris.
L'entente ayant été heureusement Agreement having been happily es-
établie entre eux, Leurs Majestés tablished between them, their Majes-
l'Empereur des Français, l'Empereur ties the Emperor of the French, the
d'Autriche, la Reine du Royaume- Emperor of Austria, the Queen of
Uni de la Grande-Bretagne et d'Ir- the United Kingdom of Great Britain
lande, l'Empereur de toutes les Rus- and Ireland, the Emperor of all the
sies, le Roi de Sardaigne et l'Em- Russias, the King of Sardinia and the
pereur des Ottomans, considérant Emperor of the Turks, considering
que, dans un intérêt Européen, Sa that, in the interest of Europe, His
Majesté le Roi de Prusse, signataire Majesty the King of Prussia, signa-
de la Convention du treize juillet, mil tory to the Convention of July 13,
huit cent quarante et un, devait être 1841, should be invited to take part
appelée à participer aux nouveaux ar- in the new arrangements to be made,
rangements à prendre, et appréciant and appreciating the value which
la valeur qu'ajouterait à une cuvre would be added to a work of general
MOLDAVIA AND WALLACHIA, 1857
743
de pacification générale le concours pacification by the participation of
de Sadite Majesté, l'ont invitée à en- His said Majesty, have invited him to
voyer des Plénipotentiaires au Con- send Plenipotentiaries to the Con-
grès.
gress.
En conséquence, Sa Majesté le Roi In consequence, His Majesty the
de Prusse a nommé pour ses Plénipo- King of Prussia has named as his
tentiaires, savoir :
Plenipotentiaries, that is to say:
Le sieur Othon-Théodore, Baron The Sieur Otho Theodore, Baron
de Manteuffel, ... et le sieur Maxi- von Manteuffel and the Sieur
milien - Frédéric - Charles - François, Maxmilian Frederick Charles Fran-
Comte de Hatzfeldt - Wildenburg - cis, Count von Hatzfeldt-Wildenburg-
Schoenstein, ...
Schoenstein....
Les Plénipotentiaires, après avoir The Plenipotentiaries, after having
échangé leurs pleins pouvoirs, trouvés exchanged their full powers, found in
en bonne et due forme, sont convenus good and due form, have agreed on
des Articles suivants :
the following Articles :
ART. 2. La paix étant heureuse- ART. 2. Peace being happily rees-
ment rétablie entre Leursdites Ma- tablished between their said Majesties,
jestés, les territoires conquis ou oc- the territories conquered or occupied
cupés par leurs armées pendant la by their armies during the war shall
guerre seront réciproquement évacués. be reciprocally evacuated.
Des arrangements spéciaux régle- The manner of evacuation shall be
ront le mode de l'évacuation, qui devra regulated by special arrangements and
étre aussi prompte que faire se pourra. shall take place as rapidly as possible.
Art. 22. Les Principautés de Va- ART. 22. The Principalities of
lachie et de Moldavie continueront Wallachia and of Moldavia shall con-
à jouir, sous la suzeraineté de la tinue to enjoy, under the sovereignty
Porte et sous la garantie des Puis- of the Porte and under the guarantee
sances Contractantes, des privilèges et of the contracting Powers, the privi-
des immunités dont elles sont en pos- leges and immunities of which they
session. Aucune protection exclusive are in possession. No exclusive pro-
ne sera exercée sur elles par une des tection shall be exercised over them
Puissances garantes. Il n'y aura au- by any one of the guaranteeing Pow-
cun droit particulier d'ingérence dans There shall be no particular
leurs affaires intérieures.
right of interference in their internal
affairs.
ART. 23. La Sublime Porte s'en- Art. 23. The Sublime Porte en-
gage à conserver auxdites Princi-
gages to preserve to the said Princi-
pautés une administration indépen- palities an independent and national
ers.
.
744
DOCUMENTS
dante et nationale; ainsi que la pleine administration; as well as complete
liberté de culte, de législation, de com- liberty of worship, of legislation, of
merce et de navigation.
commerce and of navigation.
Les lois et statuts aujourd'hui en The laws and statutes at present in
vigueur seront revisés. Pour étab- force shall be revised. In order to
lir un complet accord sur cette révi- establish a complete agreement as to
sion, une Commission Spéciale, sur la this revision, a Special Commission,
composition de laquelle les Hautes
as to the composition of which the
Puissances Contractantes s'entend- High Contracting Powers shall come
ront, se réunira sans délai à Bucharest, to an understanding, shall meet with-
avec un Commissaire de la Sublime
out delay at Bucharest, with a Com-
Porte.
missioner of the Sublime Porte.
Cette commission aura pour tâche This Commission shall have the
de s'enquérir de l'état actuel des Prin- duty of inquiring into the present
cipautés, et de proposer les bases de state of the Principalities, and of pro-
leur future organisation.
posing the bases of their future or-
ganization.
ART. 24. Sa Majesté le Sultan Art. 24. His Majesty the Sultan
promet de convoquer immédiatement promises to convoke immediately, in
dans chacune des deux Provinces
Provinces each of the two Provinces, a Divan
un Divan ad hoc, composé de ma- ad hoc, composed in such a way as
nière à constituer la représentation to constitute the most accurate rep-
la plus exacte des intérêts de toutes les resentation of the interests of all
classes de la société. Ces Divans classes of society. These Divans
seront appelés à exprimer les võux shall be invited to express the wishes
des populations relativement à l'or- of the populations relative to the final
ganisation définitive des Principautés. organization of the Principalities.
Une instruction du Congrès réglera A set of instructions drawn up by
les rapports de la Commission avec the Congress shall regulate the rela-
ces Divans.
tions of the Commission with these
Divans.
Art. 25. Prenant en considéra- ART. 25. Taking into considera-
tion l'opinion émise par les deux tion the opinion expressed by the two
Divans, la Commission transmettra, Divans, the Commission shall, with-
sans retard, au siège actuel des Con- out delay, transmit the result of its
férences, le résultat de son propre own work to the then seat of the
travail.
Conferences.
L'entente finale avec la Puissance
The final agreement with the Suze-
Suzeraine sera consacrée par une Con- rain Power shall be embodied in a
vention conclue à Paris entre les Convention concluded at Paris be-
Hautes Parties Contractantes; et un tween the High Contracting Parties;
MOLDAVIA AND WALLACHIA, 1857
745
hatti-schérif, conforme aux stipula- and a hatti-scherif, in conformity
tions de la Convention, constituera with the stipulations of the Conven-
définitivement l'organisation de ces tion, shall constitute definitively the
provinces, placées désormais sous la organization of these provinces,
garantie collective de toutes les Puis- placed henceforth under the collective
sances signataires.
guarantee of all the Signatory Pow-
ers.
Art. 27. Si le repos intérieur des ART. 27. If the internal domestic
Principautés se trouvait menacé ou tranquillity of the Principalities
compromis, la Sublime Porte s'en- should
should be menaced or endangered,
tendra avec les autres Puissances Con- the Sublime Porte shall concert with
tractantes sur les mesures à prendre the other contracting Powers as to
pour maintenir ou rétablir l'ordre the measures to take to maintain or
légal. Une intervention armée ne to reestablish legal order. An armed
pourra avoir lieu sans un accord préa- intervention shall not take place with-
lable entre ces Puissances.
out a previous agreement between the
Powers.
ART. 34. Le présent Traité sera ART. 34. The present Treaty shall
ratifié, et les ratifications en seront be ratified and the ratifications shall
échangées à Paris dans l'espace de be exchanged at Paris within the pe-
quatre semaines, ou plus tôt, si faire riod of four weeks, or sooner if that
se peut.
can be done.
En foi de quoi, les Plénipotentiaires In token of which the respective
respectifs l'ont signé et y ont apposé Plenipotentiaries have signed it and
le sceau de leurs armes.
affixed the seal of their arms.
Fait à Paris, le trentième jour du Done at Paris, March thirtieth in
mois de mars, de l'an mil huit cent
the year Eighteen Hundred and fifty-
cinquante-six.
six.
(L. S.) A. WALEWSKI. BOURQUE- (L. S.) A. WALEWSKI. BOURQUE-
BUOL-SCHAUENSTEIN. HÜB-
BUOL-SCHAUENSTEIN. HÜB-
CLARENDON. COWLEY. MAN- NER. CLARENDON. COWLEY. MAN-
TEUFFEL. HATZFELDT ORLOFF.
HATZFELDT ORLOFF.
BRUNNOW. CAVOUR. DE VILLAMA- BRUNNOW. CAVOUR. DE VILLAMA-
AALI. MEHEMMED-DJÉMIL.
AALI. MEHEMMED-DJÉMIL.
NEY.
NEY.
NER.
TEUFFEL,
RINA.
RINA.
746
DOCUMENTS
Instructions Issued by the Congress of Paris to the Special Commission for the
Principalities. April 8, 1856 1
L'article 23 du Traité du 30 mars a Article twenty-three of the Treaty
institué une Commission spéciale ap- of March 30 has instituted a Special
pelée à recueillir les éléments, et à Commission to gather together the
préparer les bases de la future organi- elements and to preface the bases for
sation des Principautés danubiennes. the future organization of the Danu-
En conséquence, les Puissances signa- bian Principalities. The Powers Sig-
taires du Traité se sont entendues sur natory to the Treaty are consequently
la composition de cette Commission, agreed on the composition of this
conformément aux stipulations dudit Commission, in accordance with the
Traité, et le Congrès assemblé à Paris stipulations of the said Treaty, and
a approuvé l'instruction destinée à the Congress assembled in Paris has
régler la conduite des Commissaires, approved the instructions intended to
pendant le cours de leur mission. regulate the conduct of the Commis-
sioners in the course of their mission,
Les articles du Traité du 30 mars The Articles of the Treaty of
concernant les Principautés de Va- March 30 regarding the Principalities
lachie et Moldavie, sont ainsi conçus : of Wallachia and of Moldavia are as
follows:
2
Les articles qui précèdent établissent The Articles given above establish
avec précision le caractère général de with precision the general character of
la tâche confiée aux Commissaires eu- the task confided to the European
ropéens. Les questions soumises à Commissioners. The questions sub-
leur étude embrassent le système ad- mitted for their study embrace the ad-
ministratif dans sa plus complète ex- ministrative system in its most com-
pression; mais les principes irrévo- plete expression; but the irrevocable
cablement consacrés par le Traité doi- principles sanctioned by the Treaty
vent demeurer étrangers à leur exa- should remain foreign to their in-
quiry.
C'est à Constantinople que les Com- The Commissioners shall repair to
missaires doivent se rendre, aussitôt Constantinople as soon as the gradual
que l'évacuation successive des terri- evacuation of the Ottoman territory
toires ottomans, stipulée par l'article stipulated by Article 31 of the Treaty
31 du Traité du 30 mars, aura fait of March 30, shall have made suffi-
men.
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- cient progress for the Commission to
sion puisse combiner son arrivée à be able to time its arrival at Bucharest
Bucharest avec la complète cessation with the complete cessation of the
des occupations armées temporaires, temporary armed occupation, as well
ainsi qu'avec l'éxécution de l'article as with the execution of Article 20 re-
20 relatif à la rectification de la fron- lating to the rectification of the Mol-
tière moldave.
diavian frontier.
Une force indigène veillera alors au A native force shall thereupon care
maintien de l'ordre public, et l'autorité for the public order, and in the mean-
administrative aura pu, d'ici là, presser time the administrative authority shall
le développement de son organisation have the power to press forward with
de manière à ce qu'elle puisse répondre the development of its organization
à toutes les exigences de la situation. in such a way that it may be able to
respond to all the exigencies of the
situation.
A leur arrivée à Constantinople, les On their arrival at Constantinople,
Commissaires devront s'assurer que the Commissioners shall make certain
l'envoi des Firmans de convocation that the Firmans of convocation of
des Divans a eu lieu. La Porte, aux tlie Divans have been dispatched.
termes du Traité du 30 mars, s'est The Porte, by the terms of the Treaty
engagée a faire cette convocation dans of March 30, has engaged to issue this
les formes les plus propres à assurer convocation in the form most calcu-
une représentation fidèle des intérêts lated to assure a faithful representa-
de toutes les classes de la société. tion of the interests of all classes of
society.
De Constantinople, la Commission From Constantinople the Commis-
se rendra à Bucharest. Elle n'y ap-
Elle n'y ap- sion shall repair to Bucharest. It
portera aucun système préconçu; mais shall not take with it any preconceived
elle s'y entourera de toutes les lu- theory; but it shall procure all the en-
mières, de toutes les informations qui lightenment and all the information
lui permettront d'asseoir un jugement which will permit it to form an im-
impartial sur l'état du pays, en se rap- partial judgment as to the state of the
pelant toujours qu'elle n'a que le carac- country, always bearing in mind that
tère consultatif, et que ses opinions, it has only a consultative character,
réservées uniquement pour les Gou- and that its opinions, reserved abso-
vernements dont le mandat lui est con- lutely for the Governments with
fié, ne doivent jamais transpirer sur whose mandates they are entrusted,
le terrain de ses investigations.
should never be given on the ground
where the investigations are being
conducted.
La Commission portera particulière- The Commission shall turn its at-
748
DOCUMENTS
ment son attention sur les réformes tention particularly to the reforms
que réclament les statuts et règlements which are called for by the statutes
en vigueur; elle étudiera l'état finan- and acts in force; it shall study the
cier, l'assiette de l'impôt, les rapports financial status, the state of taxation,
du Clergé avec l'Administration, le the relations of the Clergy with the
régime des couvents, le système mili- Administration, the regulation of con-
taire, les développements dont il est vents, the military system, and the
susceptible dans une juste proportion developments of which it is suscepti-
avec les ressources financières du pays. ble in a just proportion to the financial
Elle examinera le principe constitutif resources of the country. It shall ex-
du Pouvoir et les questions qui s'y amine the constituent principle of
rattachent, mais elle ne discutera au- power and the questions relating to it,
cun système qui serait en opposition but it shall discuss no system in patent
patente avec les principes généraux opposition to the general principles
consacrés par le Traité du 30 mars. sanctioned by the Treaty of March 30.
Aussitôt que les Divans seront con- Immediately on the institution of
stitués dans les deux Principautés, la the Divans in the two Principalities.
Commission, par celui de ses mem- the Commission, through those of its
bres qu'elle aura choisi pour organe, members chosen by it as its medium,
se mettra en relation avec les Prési- shall put itself in relation with the
dents de ces Divans. Elle les invitera Presidents of the Divans. It shall in-
à lui transmettre l'expression des vite them to transmit to it the expres-
vaux manifestés sur les améliorations sion of the wishes manifested con-
que comportent toutes les branches de cerning the amelioration suitable to all
l'administration, et, en général, sur les the branches of the administration,
réformes qui embrassent dans leur en- and in general, concerning the reforms
semble l'organisation des Principautés. which embrace in their entirety the
organization of the Principalities.
Si les voeux manifestés par les If the wishes manifested by the
Divans ne sont pas jugés par la Com- Divans are judged by the Commission
mission de nature à éclairer suffisam- not to be of a nature sufficient to give
ment toutes les matières soumises à light on all the matters submitted to it
son examen, elle leur adressera des for examination, it shall address sub-
questions subsidiaires, et provoquera sidiary questions to them, and shall
les réponses nécessaires pour com- provoke the answers necessary to com-
pléter son propre travail.
plete its proper labors.
Pendant les réunions des Divans, During the meetings of the Divans,
aucune influence ne devra être exercée no influence whatever shall be exer-
sur la marche de leurs déliberations. cised over the course of their delib-
Toute agitation extérieure en fausse- crations. Any external agitation will
rait le résultat et retarderait, si elle ne falsify the result, and delay, if it does
MOLDAVIA AND WALLACHIA, 1857
749
rences.
ences.
les compromettait pas pour toujours, not compromise for all time, the ame-
les améliorations que les Puissances liorations which the Powers signatory
signataires du Traité du 30 mars s'ef- to the Treaty of March 30 are striv-
forcent, de concert avec la Porte, ing, in concert with the Porte, to in-
d'introduire dans le régime intérieur troduce into the internal government
des Principautés. Lorsque les délibé- of the Principalities. When the de-
rations des Divans seront terminées, liberations of the Divans shall be ter-
la Commission se mettra d'accord sur minated, the Commission shall agree
le Rapport d'ensemble qu'elle doit
on a joint report which it shall ad-
adresser au siège actuel des Confé- dress to the then seat of the Confer-
Si cet accord n'avait pas lieu
If this agreement is not
sur tous les points, elle reproduira à la reached on all points, it shall set forth
fois les opinions unanimes et celles qui both those opinions which are unani-
n'auraient pas pu se concilier dans son mous and those on which agreement
sein.
has not been possible.
En général, dans le cours de ses In general, the Commission, in the
opérations, la Commission ne perdra course of its operations, shall not lose
pas de vue son véritable caractère. sight of its true character. It is
C'est une enquête impartiale dont elle charged with an impartial inquiry and
est chargée, et elle ne répondra exacte- in its dealings with officials and with
ment à l'esprit de son institution qu'en private individuals it will respond ex-
se prémunissant, dans ses rapports actly to the spirit of its institution
avec les fonctionnaires et les personnes only by taking measures against all
privées, contre tout acte d'autorité ou acts of authority or of interference
d'ingérence qui serait en contradic- which may be in formal contradiction
tion formelle avec le but de sa mission. with the object of its mission.
Firman of Convocation of the Divans “ ad hoc” of Wallachia and of Mol-
davia. Adopted January 13, 18571
Au caïmacan de Valachie (de Mol- To the Caimacam of Wallachia (of
davie).
Moldavia):
De même que notre gouvernement As our Imperial Government has
impérial s'est appliqué, en tout temps, at all times bent its efforts towards
à maintenir les privilèges et immu- the maintenance of the privileges and
nités octroyés par nos glorieux an- immunities conceded by our glorious
cêtres à chacune des provinces de Va- ancestors to each of the provinces of
lachie et de Moldavie, qui font partie Wallachia and of Moldavia, which
1 Arch. Dip., 1866, pt. 2, pp. 55–59.
750
DOCUMENTS
intégrante de notre empire, et à mettre form an integral part of our Empire,
ses soins à augmenter et à étendre le and to the augmentation and the ex-
bien-être des populations, nous avons
tension of the well being of the popu-
aussi voulu, comme une marque de nos lations, we have wished, as a mark of
sentiments de haute équité pour tous our sentiments of the highest justice
les habitants de nos États en général, towards all the inhabitants of our
tout en conservant aux habitants des States in general, while preserving to
deux provinces les anciens privilèges the inhabitants of the two Provinces
et immunités dont ils sont en posses- the ancient privileges and immunities
sion, faire réviser et améliorer les of which they are in possession, to ef-
règlements organiques intérieurs de fect a revision and an amelioration
chacune des susdites provinces, afin of the internal Organic Acts of each
de compléter et d'assurer le bien-être of the aforesaid Provinces, in order
de toutes les classes de leur popula- to complete and to assure the well be-
tion.
ing of all classes of their population.
Les dispositions des puissances The dispositions of the Powers be-
s'étant trouvées en parfait accord avec ing found to be in perfect accord with
nos sentiments, nous sommes convenus our sentiments, we are come to an
avec elles que les lois et statuts d'au- agreement with them to the effect that
jourd'hui en vigueur dans lesdits the laws and statutes to-day in force
provinces, seraient révisés, et que, in the aforesaid Provinces shall be re-
pour établir un complet accord sur vised, and that, in order to establish
cette révision, une commission spé- complete accord in this revision, a
ciale, composée des puissances garan- special Commission composed of the
tes, en vertu du traité du 30 mars, se guaranteeing Powers, by virtue of the
réunira à Bucharest, avec un commis- Treaty of March 30, shall meet at
saire de la Sublime-Porte, pour s'en- Bucharest, with a Commissioner of
quérir de l'état actuel des Princi- the Sublime Porte, to enquire into the
pautés et proposer les bases de leur present state of the Principalities and
future organisation. En conséquence, to propose the bases for their future
Mehmed-Esaad-Savfet, mustechar du organization. In consequence, Meh-
grand vizir, l'un des dignataires de med-Esaad-Savfet, Mustecher of the
notre gouvernement, a été nommé Grand Vizier, one of the dignita-
comme délégué de la Sublime-Porte. ries of our Government, has been ap-
pointed as delegate by the Sublime
Porte.
Ayant également promis de con- Having also promised to convoke,
voquer, dans chacune des deux pro- in each of the two provinces, a Divan
vinces, un Divan ad hoc, composé de ad hoc, composed in such a way as
manière à constituer la représentation to constitute the most equitable repre-
la plus équitable des intérêts de toutes sentation of the interests of all classes
MOLDAVIA AND WALLACHIA, 1857
751
les classes de la société, et qui sera of society, and called to express the
appelé à exprimer les voeux des popu- wishes of the populations as to the
lations relativement à l'organisation definitive organization of the Princi-
définitive des Principautés, notre vo- palities, it is our imperial will to con-
lonté impériale est de constituer ces stitute these Divans on the following
Divans sur les bases suivantes :
bases
Art. 1º". Outre le métropolitain Art. 1. Besides the Metropolitan
et les évêques de la province, qui and the bishops of the province, who
seront, de droit, membres du Divan, shall be ex officio members of the
les supérieurs ou administrateurs des
Divan, the superiors or adminis-
monastères propriétaires de biens trators of the monasteries owning
dédiés, et les supérieurs des monas- dedicated lands, and the superiors of
tères propriétaires non dédiés, choisi- the monasteries owning lands not ded-
ront séparément deux députés clercs icated, shall choose separately two
et indigènes, c'est-à-dire, quatre dépu- deputies who shall be clerical and na-
tés en tout; et les prêtres remplissant, tive, that is to say, four deputies in
à titre quelconque, les fonctions de all; and the priests fulfilling, with
leur ministère dans le chef-lieu de
whatever titles, the functions of their
chaque évêché, se réuniront, sur la ministry in the headquarters of each
convocation de leur évêque diocésain, bishopric, shall meet, on the convoca-
pour nommer également parmi eux un tion of their diocesan bishop, to name
député au Divan, par diocèse.
from among themselves one deputy
from each diocese to the Divan.
ART. 2. · Tous les boyards et les ART. 2. All the boyards and sons
fils de boyards, de quelque rang qu'ils of boyards, of whatever rank they
soient, à la condition d'être âgés de may be, on condition of being thirty
trente ans, d'être indigènes ou actuel- years of age, native or legally nat-
lement et légalement naturalisés, et uralized at the present time, and in
de jouir de tous leurs droits civils, se the enjoyment of all their civil rights,
rendront au chef-lieu du district dans
shall repair to the capital of the dis-
lequel ils sont domiciliés et possèdent trict in which they are domiciled and
une propriété de cent faltches 1 au in which they possess a property of
moins, ou l'équivalent en pogones 2 de 100 faltches at least, or the equivalent
terre exploitées et en rapport. Ils y in pogones of cultivated and produc-
éliront, à la majorité des voix, deux tive land. They shall elect, by ma-
députés au Divan, parmi ceux d'entre jority vote, two deputies to the Divan,
eux qui justifieront de la possession from among those of their number
d'un immeuble de trois cents faltches who shall prove possession of real
au moins, libre de toute charge hy- property of 300 faltches at least, free
Faltche, a Moldavian measurement = = 2880 stingen, or 2.02 meters.
2 Pogone, a Wallachian measurement = 1296 stingen.
752
DOCUMENTS
pothécaire, ou l'équivalent en pogones from all mortgage, or the equivalent
de terres exploitées et en rapport. in pogones of cultivated and produc-
Les grands boyards seuls, remplis- tive land. The great boyards alone,
sant cette dernière condition, seront fulfilling this latter condition, shall be
éligibles dans les districts où ils ne eligible in the districts where they are
seraient pas domiciliés.1
not domiciled.
Art. 3. Tous les propriétaires, ART. 3. All the proprietors, un-
sous quelque dénomination que ce soit, der whatever denomination, if of
à la condition d'être âgés de trente thirty years of age, native, or at pres-
ans, d'être indigènes ou actuellement ent legally naturalized, and in the en-
et légalement naturalisés, de jouir de joyment of all their civil rights, and
tous leurs droits civils, et qui possé- who shall be in possession of landed
deront un bien-fonds d'une contenance
property to the amount of 99 faltches
de quatre-vingt-dix-neuf faltches en at the maximum, or the equivalent in
maximum, ou l'équivalent en pogones pogones of cultivated and productive
de terres exploitées et en rapport, et land, and of ten faltches at the mini-
de dix faltches en minimum ou l'équi- mum or the equivalent in pogones of
valent en pogones de terre de même land of the same kind, shall meet at
nature, se réuniront au chef-lieu de the capital of the sub-prefecture where
l'arrondissement où ils sont domicilés, they are domiciled, and shall designate
et ils désigneront, parmi eux, à la ma- from among themselves and by ma-
jorité des voix, cinq électeurs au jority vote, five electors to the second
deuxième degré. Ces délégués se college. These delegates shall repair
transporteront au chef-lieu du district, to the chief place of the district, and
et nommeront parmi eux, de la même shall name from among themselves, in
façon, un député au Divan.
the same manner, one deputy to the
Divan.
ART. 4. Les communes rurales
ART. 4. The rural communes
composées de paysans clacaches, à composed of peasant serfs, to what-
quelque classe qu'appartiennent les ever classes the landed proprietors be-
propriétaires de la terre, enverront long, shall each send to the capital of
chacune, au chef-lieu de l'arrondisse- the sub-prefecture two delegates to the
ment, deux délégués au premier degré, first college, elected in the manner pro-
nommés dans les formes consacrées vided for the election of the village
pour l'élection des autorités du vil authorities. These delegates shall
lage. Ces délégués choisiront deux choose two from among themselves to
d'entre eux pour remplir les fonc- fulfil the functions of electors to the
tions d'électeurs au deuxième degré, second college, and the electors to the
et les électeurs au deuxième degré, second college, assembled at the cap-
réunis au chef-lieu du district, nom- ital of the district, shall name from
1 Abrogated by Article 5 of the Memorandum.
MOLDAVIA AND WALLACHIA, 1857
753
meront parmi eux un député au Divan, among themselves one deputy to the
qui recevra une indemnité équitable Divan, who shall receive an equitable
de route et de séjour dans la capitale. sum for his travelling expenses and
his stay at the capital.
ART. 5. La ville, siège du gouv- ART. 5. The city which is the seat
ernement, devant nommer quatre of government, shall name four dep-
députés au Divan, les deux villes de uties to the Divan 1; the two cities of
deuxième ordre 1 chacune deux dépu- the second rank, two deputies each,
tés, et les autres villes, chefs-lieux de and the other towns, capitals of their
district chacune un député, les élec- districts, one deputy each, the elec-
tions dont il s'agit auront lieu sur les tion of the above deputies to take
bases suivantes :
place on the following basis:
Seront électeurs, à la condition Those persons mentioned below
d'être âgés de trente ans, d'être indi- shall be electors who, being thirty
gènes ou actuellement et légalement years of age, native or at present le-
naturalisés, de ne relever d'aucune gally naturalized, are not under any
protection étrangère et de jouir de foreign allegiance and are in the en-
tous les droits civils :
joyment of all their civil rights:
1° Les habitants propriétaires de 1. Householders owning houses to
maisons de la valeur de vingt mille the value of 100,000 francs at least,
piastres au moins, pour la capitale, et in the capital and 40,000 francs at
de huit mille piastres, au moins, pour least, in the other towns, with the ex-
les autres villes, à l'exception de ceux ception of those who shall have al-
qui seraient déjà appelés à émettre leur ready been called on to vote by virtue
vote en vertu des dispositions nº II et of dispositions No. II and No. III of
nº III du présent Firman;
the present Firman.
2° Les personnes adonnées à une 2. Those persons pursuing liberal
profession libérale comme les profes- professions, such as professors in
seurs des écoles de l'État, et les mem- State schools and the members of the
bres des diverses académies ou socié- diverse academies or literary and sci-
tés littéraires et scientifiques organi- entific societies, organized and recog-
sées et reconnues par le gouvernement, nized by the Government, such as doc-
comme les médecins et les hommes de
tors, lawyers holding regular diplo-
loi munis de diplômes réguliers, et les mas, and civil engineers, all these hav-
ingénieurs civils, exerçant les uns et ing in each case been in the practice of
les autres leur fonction ou leur art their profession for three years in the
depuis trois années dans la ville où town in which they reside;
ils résident;
3° Les négociants patentés des trois 3. Licensed merchants of the three
classes, inscrits sur les dernières listes classes, inscribed on the last lists pre-
1 Craiova and Braïla.
754
DOCUMENTS
préparées pour l'élection des munici- pared for the elections of the munici-
palités ;
palities;
4° Les prévôts des diverses corpor- 4. The provosts of the diverse
ations d'artisans, auxquels seront ad- guilds, to whom shall be added three
joints trois délégués par corporation, delegates for each guild, chosen in the
choisis dans les formes usitées pour la usual manner of election of provosts.
nomination des prévôts.
Tous les électeurs ci-dessus désignés All the electors above designated
se réuniront au siège de la munici- shall meet at the headquarters of the
palité, et éliront parmi eux, à la ma- municipality, and shall elect from
jorité des voix, sans pouvoir émettre among themselves, by majority vote,
un double vote, le nombre des députés without power of casting a double
au Divan attribué à la ville, selon son vote, the number of deputies to the
ordre.
Divan allotted to the town, according
to its rank
Bien que l'on doive attendre, pour Although the arrival of the Com-
procéder à l'élection des députés au mission composed of the delegate ap-
Divan, l'arrivée de la commission pointed by our Sublime Porte and the
formée du délégué de notre Sublime- delegates of the guaranteeing Pow-
Porte et des délégués des puissances ers must be awaited before proceeding
garantes, on s'occupera, aussitôt après to the election of the deputies to the
la publication du présent Firman, de Divan, the drawing up of the electoral
la confection des listes électorales. A lists shall be undertaken immediately
cet effet, il sera enjoint aux adminis- on the publication of the present Fir-
trations des districts, de prendre les . For this purpose the adminis-
mesures nécessaires pour que ces listes trative officials of these districts are
soient publiées et affichées partout où ordered to take such measures as arę
besoin sera, trente jours au moins necessary that these lists may be pub-
avant l'époque fixée pour les élections, lished and posted in all the proper
de façon à permettre aux réclama- places at least thirty days before the
tions de se produire. Ces réclama- time set for the elections, in order to
tions seront examinées par un comité permit complaints to be entered.
composés de l'ispravnik, des membres These complaints shall be examined
du tribunal et de la municipalité du by a committee composed of the is-
chef-lieu du district.
pravnik, the members of the tribunal
and of the Municipality of the capital
of the district.
Toute intervention de l'autorité All intervention of authority in the
dans les opérations électorales, qui electoral operations, which shall not
n'aurait point uniquement pour objet be for the sole object of maintaining
1 The officer who is chief of police and presiding judge in a rural district.
inan.
MOLDAVIA AND WALLACHIA, 1857
755
de maintenir l'ordre, serait abusive et order, shall be improper and directly
formellement contraire aux intentions contrary to the intentions of the Sub-
de la Sublime-Porte. En consé- lime Porte. Consequently, the minis-
quence, les ministres, les directeurs ters, the directors of the departments
des départements et les ispravniks ne and the ispravniks shall not run as
pourront se porter comme candidats, candidates without having resigned
qu'en se démettant de leurs fonctions. their functions.
Afin d'éviter toute confusion, les In order to prevent any confusion,
élections qui doivent se faire dans les the elections which shall be held in the
chefs-lieux de district auront lieu suc- capitals of districts shall take place
cessivement dans l'ordre indiqué pour successively, in the order indicated for
les classes appelées à envoyer des re- the classes called on to send represen-
présentants au Divan. Il en sera de tatives to the Divan. It shall be the
même pour les élections au siège des same for the elections at the headquar-
arrondissements.
ters of the districts.
Les députés des différentes classes, The deputies of the different
réunis en assemblée générale, consti- classes, met in general assembly, shall
tueront le Divan ad hoc, appelé à ex- constitute the Divan ad hoc, sum-
primer les væux de la Principauté moned to express the wishes of the
touchant la révision des statuts et Principality regarding the revision of
règlements aujourd'hui en vigueur. the Statutes and Acts today in force.
Pour mieux atteindre ce but, les The better to attain this object, the
députés de chaque catégorie forme deputies of each category shall form
ront autant de comités séparés, qui se
so many separate committees, which
livreront plus particulièrement à shall give themselves more particu-
l'étude des diverses questions dans larly to the study of the diverse ques-
leurs rapports avec les intérêts et les tions in their relation to the interests
besoins de leur propre classe.
and needs of their own class.
Le Divan ayant seulement pour mis- The Divan having for its sole mis-
sion d'émettre des voeux, qui seront sion the statement of desires, which
d'abord examinés par la commission shall be first examined by the Commis-
composée du délégué de notre Sub- sion composed of the delegate of our
lime-Porte et des délégués des puis- Sublime Porte and of the delegates o
sances garantes, et discutés ensuite the guaranteeing Powers, and then
entre notre Sublime-Porte et ses alliés, discussed between our Sublime Porte
les propositions émanées des comités and its Allies, the propositions pro-
particuliers seront, par des rapports posed by the special Committees shall
séparés, placées sous les yeux de la be placed before the Commission as
commission, aussi bien que le résultat separate reports, together with the de-
des délibérations en assemblée géné- liberations of the general assembly.
rale.
756
DOCUMENTS
La présidence du Divan sera dé- The presidency of the Divan shall
volue au métropolitain, assisté d'un be held by the Metropolitan, assisted
vice-président nommé à la majorité by a vice-president elected by the gen-
des voix, en assemblée générale, parmi eral assembly by majority vote, from
les boyards de première classe. among the boyards of the first class.
Les secrétaires, en nombre égal à The Secretaries, equal in number to
celui des classes représentées, seront the classes represented, shall also be
aussi nommés à la majorité des voix. elected by majority vote.
Chaque comité choisira dans son Each Committee shall choose a
sein un président à la pluralité des president by plurality from its own
suffrages.
membership
Dans son désir d'accélérer le mo- In its desire to hasten the moment
ment où la province sera en possession when the province shall be in posses-
d'une organisation définitive, la Sub- sion of a definitive organization, the
lime-Porte attend du Divan qu'il aura Sublime Porte expects the Divan to
terminé ses travaux dans le délai de end its labors within six months, and
six mois, et que, sachant se pénétrer du that, knowing it to be filled with the
sentiment de ses devoirs de fidélité, il sentiment of its duty to loyalty, it will
ne manquera pas de renfermer ses not refrain from confining its discus-
discussions dans les bornes conve- sions to the proper limits, and we shall
nables, et nous épargnera le déplaisir spare ourselves the trouble of advis-
d'aviser aux moyens de protéger con- ing as to the means of protecting our
tre toute atteinte nos droits augustes august and suzerain rights against any
de suzeraineté.
infringements.
Le présent Firman est émané et ex- The present Firman is issued and
pédié de mon Divan impérial pour dispatched by my imperial Divan in
faire connaître la décision dont il order to make known the decision
here given.
Toi, qui es le susdit caïmacam, tu You, the Caimacam above men-
mettras tes efforts et ton attention tioned, will devote your efforts and
pour la pleine et entière exécution de your attention to the full and complete
ladite décision, et tu ajouteras foi et execution of the said decision, and
créance à mon chiffre impérial. you shall give full faith and credence
to my imperial seal.
Première décade de djémazil-akhir First decade of Djemazil-Akhir
1273
1273.
s'agit.
MOLDAVIA AND WALLACHIA, 1857
757
Manifesto of the Electoral Committee of Jassy. March 10/22, 1857 1
Le Traité de Paris a stipulé que les The Treaty of Paris stipulated that
populations des Principautés rou- the populations of the Roumanian
maines seraient consultées sur la ré- Principalities should be consulted
organisation du gouvernement de leur regarding the reorganization of the
patrie.
government of their country.
Le Firman de Sa Majesté Impériale The Firman of His Imperial Maj-
le Sultan, qui convoque les assemblées esty the Sultan, which convokes the
spécialement appelées à exprimer les assemblies especially called to express
vaux du pays, vient d'être promulgué. the country's wishes, has just beeii
promulgated.
La Commission européenne, qui a The European Commission whose
pour tâche de recueillir ces veux et task it is to gather these votes and to
de les soumettre au Congrès des submit them to the Congress of the
grandes Puissances, vient d'arriver à great Powers, has just arrived at Bu-
Bucharest.
charest.
En ce moment plein de tant d'es- At this moment so filled with hopes,
pérances, le devoir de tous les Rou- the duty of all Roumanians is to unite,
mains est de se réunir, de s'éclairer, to inform themselves, to agree upon
de se mettre d'accord sur les principes the principles which should form the
qui doivent servir de base aux veux
basis of the desires to be expressed
à exprimer par le pays.
by the country.
Animés de ce sentiment du devoir Moved by this sentiment of national
national, nous soussignés, après nous duty, we, the undersigned, after hav-
être entendus avec la majeure partie ing come to an understanding with
des adhérents à l'union des Princi- the majority of the adherents of a
pautés, nous sommes constitués en union of the Principalities, have con-
comité électoral pour la ville de Jassy. stituted ourselves an electoral commit-
tee for the city of Jassy.
Le but de notre réunion est de nous The object of our meeting is to
mettre en rapport étroit avec les élec- place ourselves in close touch with
teurs qui partagent notre croyance po-
the electors who share our political
litique, et de travailler, de concert avec belief, and to work in concert with
eux, pour qu'aux prochaines élections them so that at the approaching elec-
le triomphe soit assuré au grand vau tions the triumph of the great desire
qui prédomine dans les Principautés. which predominates in the Principali-
ties may be assured.
Le programme que nous nous en- The program which we undertake
1 Arch. Dip., 1866, pt. 2, p. 61.
758
DOCUMENTS
DU
DE
gageons à soutenir est fondé sur les to support is founded on the same
principes mêmes du Traité de Paris, à principles as the Treaty of Paris, to
savoir :
wit:
1° L'Union des PRINCIPAUTÉS en 1. Union of the PRINCIPALITIES
un seul État, sous le respect des droits into one State, with respect for the
de la Sublime-Porte, suivant l'esprit rights of the Sublime Porte, following
et la lettre de nos anciennes capitula- the spirit and the letter of our ancient
tions.
capitulations.
2La NEUTRALITÉ du territoire 2. NEUTRALITY of the territory of
des Principautés.
the Principalities.
3º Le respect des droits des Prin- 3. Respect for the rights of the
cipautés et particulièrement de leur Principalities and particularly for
AUTONOMIE, selon l'esprit et la let- their AUTONOMY, according to the
tre des mêmes traités.
spirit and the letter of the same trea-
ties.
40 L'HÉRÉDITÉ
CHEF
4. HEREDITY OF THE HEAD OF THE
L'ETAT. (L'hospodarat a fait son STATE.
(The hospodariat has served
temps: un régime européen doit lui its term: a European régime must suc-
succéder.)
ceed it.)
5° Le pouvoir législatif confié à 5. The legislative power confided
une seule ASSEMBLÉE GÉNÉRALE, qui tu a single GENERAL ASSEMBLY, rep-
représente les intérêts de la nation tout resenting the interests of the whole
entière.
nation.
6° La soumission des étrangers 6. The submission of foreigners
habitant les Principautés à toutes les living in the Principalities to all the
laws of the country.
70 La reconnaissance du droit des 7. Recognition of the right of the
Principautés de nouer des relations Principalities to form commercial re-
commerciales selon leurs propres in- lations according to their own inter-
térêts.
ests.
8° Tout cela sous la garantie collec- 8. All this under the collective
tive des Puissances signataires du guarantee of the Powers signatory to
Traité de Paris.
the Treaty of Paris.
Le parti de l'Union est en même The party of Union is at the same
temps le parti du progrès.
time the party of progress.
Donc, nous désirons de tout notre Therefore, we desire with all our
cour que, dans notre pays aussi, s'in- hearts, that in our country also, all
troduisent toutes les réformes qui the reforms may be introduced which
nous mettent en état de civiliser notre will put us in a condition to civilize
société et de fortifier notre nation, ré- our society and to strengthen our na-
formes fondées sur les principes de la tion, reforms founded upon the prin-
lois du pays.
MOLDAVIA AND WALLACHIA, 1857
759
justice, de l'égalité devant la loi et du ciples of justice, equality before the
respect de la propriété.
law and respect for property.
Toutefois, en nous fondant même Nevertheless, while taking our
sur l'article 22 du Traité de Paris, qui stand upon Article 22 of the Treaty
consacre la pleine et entière liberté de of Paris, which sanctions the full and
notre législation (l'autonomie), nous complete liberty of our legislation
désirons que toutes les réformes qui (autonomy), we desire that all the re-
doivent s'introduire dans l'organisa- forms which must be introduced in the
tion intérieure des Principautés se internal organization of the Principal-
réalisent, non point au détriment, mais ities may be effected, not to the detri-
bien avec le respect et en vertu de ment of our automony, but rather
notre autonomie.
with respect for it and by virtue of it.
Quelque précieuses et nécessaires However valuable and necessary in-
que soient les réformes intérieures, ternal reforms may be, we place above
nous mettons néanmoins au-dessus them, nevertheless, the right we pos-
d'elles le droit que nous possédons de sess of making our own laws for our-
faire nous-mêmes nos propres lois selves in our own country.
dans notre pays.
Afin de remplir religieusement ce That we may religiously fulfil this
saint devoir, déposons, tous, nos ani- sacred duty, let us all drop our per-
mosités personnelles, oublions les dis- sonal animosities, forget our internal
sentiments intérieurs, conséquence fa- dissensions, the fatal consequence of
tale des malheurs qui pèsent depuis the misfortunes that have weighed
un siècle sur notre pays; donnons-nous upon our country for a century; let
tous la main, en nous souvenant que us all clasp hands, remembering that
Moldaves et Valaques ne sont point Moldavians and Wallachians are not
deux peuples différents; que nous two different peoples; that we are all
sommes tous les fils de la même mère; sons of the same mother; that the
que le même sang coule dans nos same blood flows in our veins; that the
veines; que le même avenir nous est same future is reserved for us, a fu-
réservé, avenir qui ne peut être heu- ture that can only be happy if, on the
reux que si, le jour où l'Europe vient day when Europe comes to ask us the
nous poser la grande question, elle great question, she finds us all pro-
nous trouve tous professant la même fessing the same political faith, all
foi politique, tous animés de la même animated by the same thought for the
pensée pour le bien commun, et lui common good, and showing to her,
montrant, à elle, qui nous accorde who grants us entire liberty in the ut-
toute la liberté dans l'émission de nos terance of our wishes, that with one
vaux, que d'une seule et même voix and the same voice we cry: Long
760
DOCUMENTS
nous crions: Vive la Roumaine unie live Rumania united and autonomous!
et autonome!
(Signé.) Les membres du Comité
(Signed.) Members of the elec-
électoral de l'Union pour la ville et le toral Committee of Union for the
district de Jassy :
city and district of Jassy :
STÉPHAN CATARGI — PIERRE MA- STEPHEN CATARGI - PIERRE MA-
VROJENI — COSTAKI ROLLA — ANA- VROJENI — COSTAKI ROLLA — ANA-
TASE PANO — BASILE MALINESCO TASE PANO — BASILE MALINESCO
GEORGES STOURDZA -- DÉMÈTRE RA- GEORGES STOURDZA --- DÉMÈTRE RA-
COSTAKI HOURMOUSAKI LETTO
COSTAKI HOURMOUSAKI
DÉMÈTRE COSADINI.
DÉMÈTRE COSADINI.
Jassy, 10/22 mars 1857.
Jassy, 10/22 March, 1857.
LETTO
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 1
Protocolul No. 1. Sedința din 30
(18) Maiŭ 1857.
Protocol No. 1. Session of May
18/30, 1857.
Présents :
Present:
Pour l'Autriche, M. Liehmann de For Austria, M. Liehmann de Pal-
Palmerode, etc.
inerode, etc.
Pour la France, M. le Baron de For France, Baron de Talleyrand,
Talleyrand, etc.
etc.
Pour la Grande Bretagne, Sir For Great Britain, Sir Henry Bul-
Henry Bulwer, etc.
wer, etc.
Pour la Prusse, M. le Baron de For Prussia, Baron de Richthofen,
Richthofen, etc.
etc.
Pour la Russie, M. de Basily, etc. For Russia, M. de Basily, etc.
Pour la Sardaigne, M. le Chevalier For Sardinia, Chevalier Benzi, etc.
Benzi, etc.
Pour la Turquie, Safvet Effendi, For Turkey, Safvet Effendi, etc.
etc.
MM. les Plénipotentiaires de l'Au- The Plenipotentiaries of Austria,
triche, de la France, de la Grande France, Great Britain, Prussia, Rus-
Bretagne, de la Prusse, de la Russie, sia, Sardinia and Turkey are to-day
de la Sardaigne et de la Turquie se met in conference at the house of the
1 Acte si documente relative la istoria renascerei Romaniei. Sturdza & Colescu-Vartic,
vol. 6, pt. 2, p. 399 et seq.
MOLDAVIA AND WALLACHIA, 1857
761
sont réunis aujourd'hui en conférence British Commissioner, Sir Henry Bul-
chez le Commissaire britannique Sir wer, who addressed the meeting with
Henry Bulwer, qui a pris la parole the proposal to constitute themselves
pour proposer de se constituer en
as a Commission according to the
Commission, selon la teneur de l'in- tenor of the Instructions annexed to
struction annexée au protocole No. 22 Frotocol No. 22 of the Congress of
du Congrès de Paris.?
Paris.
Après avoir rempli les formalités After having fulfilled all the re-
requises, lecture a été donnée de la dite quired formalities, the said instruc-
instruction.
tions were read.
Et à la question de Mr. le Commis- To the question of the British Com-
saire britannique, si cette instruction missioner as to whether these instruc-
doit être considérée comme complète- tions should be considered as abso-
ment obligatoire pour tous, Messieurs lutely obligatory for all, the Commis-
les Commissaires ont répondu affirma-
sioners answered in the affirmative,
tivement, se désistant de tout droit de refraining from claiming any right
se prévaloir des instructions particu- for each to take advantage of his own
lières à chacun d'eux, qui seraient en instructions, should they be in dis-
désaccord avec l'instruction générale agreement with the General Instruc-
du Congrès.
tions of the Congress.
adopte le
La Commission adopte
The Commission adopts the
mode de l'alternat pour l'exercice de method of the alternat in the exercise
la Présidence.
of the presidency.
Tous les Commissaires prient Saf- All the Commissioners beg Safvet
vet Effendi d'accepter la Présidence, Effendi to accept the Presidency for
pour la première période, qui sera ulté-
the first period, to be fixed later; after
rieurement fixée; après quoi, décidera which it shall be decided by lot among
le sort entre les six membres restants, the six remaining members, and so on
et ainsi de suite jusqu'à ce que tous until all shall have exercised the func-
aient exercé à tour de rôle la Prési- tions of the presidency.
dence.
Le terme de la Présidence est fixé The terms of the presidency is
unanimement à un mois.
unanimously fixed at one month.
Protocolul No. 2. Sedinţa din 2
Iunie (21 Mai) 1857.
Protocol No. 2. Session of May
21/June 2, 1857.
Dans la délibération à laquelle la
In the deliberation to which the
1 See supra.
762
DOCUMENTS
Commission procéde, Mr. le Baron Commission then proceeds, Baron de
de Richthofen appelle d'abord l'at- Richthofen first calls the attention of
tention de ses collègues sur les affaires his colleagues to the affairs of Mol-
de Moldavie, en posant la question sui- davia, by putting the following ques-
vante:
tion:
Les interprétations, qui seront Shall the interpretations, given to
données au Firman de convocation the Firman of Convocation by agree-
par une entente entre la Commission ment between the Commission and the
et le Gouvernement valaque, seront- Wallachian Government be equally
elles également applicables à la Mol- applicable to Moldavia ? ”
davie?"
Mr. le Commissaire de Prusse The Prussian Conimissioner “ad-
adresse cette question à la Commis- dresses the question to the Commis-
sion, parce que, lors du séjour de quel- sion because, at the time of the so-
ques-uns de MM. les Commissaires à journ of some of the Commissioners
Jassy, il y eut entre eux quelque désac- at Jassy, there had been some dis-
cord à cet égard.'
agreement on this point."
Mr. le Baron de Talleyrand de- Baron de Talleyrand asks “whether
mande, “si Safvet Effendi a reçu de Safvet Effendi has received an an-
swer from Constantinople to the ob-
Constantinople 26
vations faites par le Caïmacam de Va- servation made by the Caimacam of
lachie et par la Commission sur la Wallachia and by the Commission on
manière de procéder à l'exécution du the manner of procedure as to the exe-
Firman.”
cution of the Firman."
Sir Henry Bulwer "
propose d'eta-
Sir Henry Bulwer "
proposes to
blir une distinction entre ces deux make a distinction between these two
questions."
questions."
La Commission adhère.
The Commission agrees.
On passe aux communications, que Passing to the communications
Safvet Effendi déclare avoir reçues
which Safvet Effendi announces that
de la Sublime Porte. Mr. le Commis- he has received from the Sublime
saire ottoman produit une dépêche Porte, the Ottoman Commissioner
télégraphique en date du 31 Mai, dont produces a telegraphic dispatch, dated
suit le texte :
May 31, of which the text is as fol-
lows:
" Comme la Sublime Porte espère, As the Sublime Porte hopes that
qu'à l'heure qu'il est les doutes soule- at the present time the doubts raised
vés en Valachie ont été résolus par in Wallachia have been settled by a
une entente confidentielle entre le Caï- confidential understanding between
macam et la Commission, vous êtes the Caïmacam and the Commission,
invité à porter à la connaissance du you are invited to bring the terms
MOLDAVIA AND WALLACHIA, 1857
763
Caïmacam de Moldavie les termes de of this solution to the knowledge of
cette solution, afin que le Firman soit the Caïmacam of Moldavia, in order
appliqué aussi exactement que pos- that the Firman may be applied with
sible, sauf les cas exceptionnels, qui as much exactness as is possible, save
seraient particuliers à la Moldavie.” for the exceptional cases which are
peculiar to Moldavia."
Mr. de Basily fait l'observation, M. de Basily makes the observa-
“ que le texte de la dépêche prouve tion “that the text of the dispatch
l'existence d'une dépêche antérieure proves the existence of an earlier dis-
relative au même sujet, dépêche dont patch regarding the same subject, of
la Commission n'a pas été prévenue." which the commission has not been ap-
prised."
Safvet Effendi produit alors une Safvet Effendi later produces a
seconde dépêche, en date du 1er Mai second dispatch, dated May 1 (No.
No. 8— dont également suit le 8), the text of which follows:
texte:
“Comme la Commission européenne “As the European Commission is
est d'accord au sujet des éclaircisse- in agreement on the subject of the ex-
ments demandés sur certains points planation
planation requested as to certain
du Firman de convocation des Divans points of the Firman of Convocation
ad hoc, la Sublime Porte, de concert of the Divans ad hoc, the Sublime
avec les Représentants des Puissances Porte, in concert with the Repre-
contractantes, réfère cette affaire à la sentatives of the Contracting Powers,
Commission."
refers this affair to the Commis-
sion.”
Mr. de Liehmann fait remarquer, M. de Liehnann draws attention
que d'après les renseignements qui, to the fact that “according to the in-
à cette époque, — 1er Mai,— lui étai- formation which at this time (May
ent parvenus de Constantinople, une 1) had come from Constantinople, an
entente n'avait pas eu lieu.”
agreement had not been reached.”
MM. de Basily et de Richthofen MM. de Basily and de Richthofen
répliquent, “ que d'après les renseigne- reply," that according to the offi-
ments officiels, qui leur ont été cial information, addressed to them
adressés de Constantinople et dont les from Constantinople, agreeing exactly
dates concordent entièrement avec as to dates with that of the dispatch of
celle de la dépêche du 1er Mai de May 1 of Safvet Effendi, the right of
Safvet Effendi, le droit d'interpréter interpreting the Firman has devolved
le Firman est dévolu à la Commis-
upon the Commission."
sion.”
Mr. le Commissaire d'Autriche The Austrian Commissioner de-
déclare, “que Mr. le Baron de Prokesch clares " that Baron de Prokesch wrote
764
DOCUMENTS
lui écrit dans les termes les plus ex- to him in most explicit terms that at
plicites, qu'à cette époque une entente that time an agreement had not taken
n'avait pas encore eu lieu et que, par place and that in consequence — he --
conséquent il - Mr. de Liehmann - M. de Liehmann – would not have
n'aurait pas pu prendre part à une been able to take part in a discussion
discussion sur l'interprétation du Fir- of the interpretation of the Firman."
man."
La question ayant été adressée à The question having been put to
Safvet Effendi par plusieurs Commis- Safvet Effendi by several Commis-
saires, de savoir pourquoi il n'a pas sioners, as to why he has not given
donné à la Commission connaissance the said dispatch, dated May 1, to the
de la dite dépêche en date du 1er Commission, the Ottoman Commis-
Mai, Mr. le Commissaire ottoman sioner answers" that immediately on
répond,“ qu'aussitôt aprés la réception the receipt of this document, he asked
de cette piéce, il avait demandé à Mr. M. de Liehmann if the latter had re-
de Liehmann, si celui-ci avait reçu de ceived from Constantinople any com-
Constantinople des communications munication to the effect that the right
portant que le droit d'interpréter le of interpreting the Firman has de-
Firman a été dévolu à la Commission, volved on the Commission, and that,
et que, par suite d'une réponse néga- on a negative answer from the Aus-
tive à Mr. le Cominissaire d'Autriche, trian Commissioner, he did not think
il n'a pas cru de son devoir de porter it his duty to bring the said dispatch
la dite dépêche à la connaissance de to the knowledge of his colleagues,
tous ses collègues, convaincu, comme convinced, as he was, that his col-
il l'était, que MM. ses collègues ne leagues would not wish to carry it out
voudraient pas y donner suite, tant so long as they had not received cor-
qu'ils n'auraient pas reçu de la part responding communications from
de leurs Représentants des communi- their Representatives.”
cations analogues."
MM. les Conimissaires de France, The Commissioners of France,
de la Grande Bretagne, de Prusse, Great Britain, Prussia, Russia, and
de Russie et de Sardaigne relèvent, Sardinia hold
Sardinia hold “that the dispatch
que la dépêche précitée en date du aforesaid, dated May 1, not having
ler Mai n'ayant été communiquée à la been communicated to the Commis-
Commission que dans la présente sé- sion until the present session, the
ance, les Commissaires jusqu'à ce jour Commissioners have not until now
n'ont pas été à même de se prévaloir been able to avail themselves of the
du droit, qui, d'après la teneur de ce right which has been conferred on
document, leur a été conféré."
them, according to the tenor of this
document.
Sir Henry Bulwer demande à Sir Henry Bultver asks Safvet
MOLDAVIA AND WALLACHIA, 1857
765
Safvet Effendi, "si, considérant les Effendi “ whether, considering the in-
renseignements qui lui sont parvenus formation, which has been imparted to
de la part de la S. P., il peut déclarer him by the Sublime Porte, he is able
que la Commission est autorisée à to declare that the Commission is au-
s'entendre confidentiellement avec le thorized to come to a confidential
Caïmacam de Valachie sur les ques- agreement with the Caïmacam of
tions qui ont été référées à Constan- Wallachia on
Wallachia on the questions which
tinople.”
have been referred to Constantin-
ople?"
Mr. le Commissaire ottoman The Ottoman Commissioner hav-
ayant répondu affirmativement et Mr. ing answered in the affirmative, and
de Liehmann ayant déclaré de son M. de Liehmann having, on his part,
côté,“ qu'il se trouvait, à l'heure qu'il declared “ that he found himself at the
est, muni de l'information nécessaire de present time, furnished with the neces-
Constantinople et, qu'en conséquence, sary information from Constanti-
il se croyait à présent en mesure de nople, and that in consequence, he be-
délibérer sur ce sujet,” la Commission lieved himself to be able at present
procède à l'examen des observations to deliberate on this subject ”, the
sur les difficultés survenues dans la Commission proceeds to the exami-
mise à exécution du Firman de con- nation of the observations concerning
vocation, observations qui ont été pré- the difficulties met with in the execu-
sentées aux Commissaires par le Caï- tion of the Firman of convocation, ob-
macam de Valachie.
servations which had been presented
to the Commissioners by the Caïma-
cam of Wallachia.
Sur la proposition de Sir Henry On the proposition of Sir Henry
Bulwer, les Commissaires arrêtent Bulwer, the Commissioners agree to
d'inviter le Caïmacam de Valachie à invite the Caïmacam of Wallachia first
communiquer d'abord à la Commis- to communicate to the Commission
sion ses opinions précises sur la ma- the precise opinions as to the manner
nière de résoudre les questions qui ont of settling the questions which have
été soulevées par S. A., et l'on ap- been raised by His Highness and it is
prouve qu'à cette fin la lettre suivante agreed that for this purpose the fol-
soit adressée au Chef du Gouverne- lowing letter be addressed to the Head
ment valaque:
of the Wallachian Government:
"Les observations, que V. A. a “The observations which Your
bien voulu nous communiquer sur Highness has been good enough
quelques difficultés dans la mise à exé- to communicate to us as to certain
cution du Firman de convocation, ont difficulties in the execution of the Fir-
été soumises à la S. P., ainsi qu'à MM. man of Convocation, have been sub-
les Représentants des Puissances ga- mitted to the Sublime Porte, as well
766
DOCUMENTS
rantes, conformément à l'avis unani- as to the Representatives of the Guar-
me de MM. les Commissaires.
anteeing Powers, in accordance with
the unanimous opinion of the Com-
missioners."
“ Par suite d'un accord entre la S. According to an agreement be-
P. et MM. les Représentants il a été tween the Sublime Porte and the Rep-
résolu que ces questions doivent être resentatives, it has been resolved that
référées à une entente confidentielle this question shall be referred to a
entre la Commission et V. A. Je viens confidential agreement between the
donc vous prier, mon Prince, au nom Commission and Your Highness. I
de la Commission, de vouloir bien accordingly beg of you, Prince, in
nous communiquer au plus tôt l'opi- the name of the Commission, to be
nion précise de V. A. sur la manière good enough to communicate to us as
de résoudre chacune des questions qui soon as possible the precise opinion
ont fait l'objet de Sa précédente com- of Your Highness as to the manner of
munication, indépendamment des avis solving each of the questions which
qui sont énoncés dans la dite commu- have been the subject of your former
nication.
communication, independently of the
opinion announced in the said com-
inunication.
“(Signé:) E. SAFVET.”
Signed: E. SAFVET.”
Protocolul No. 3. Şedinţa din 3
Junie (22 Maiŭ) 1857.
Protocol No. 3—Session of May
22/June 3, 1857.
La Commission, ainsi qu'elle l'avait The Commission, according to the
résolu, passe à la discussion des af- resolution it had taken, passed to the
faires de Moldavie.
discussion of the affairs of Moldavia.
On pose d'abord la question sur la The first question put was that of
nature des rapports entre les Caïma- the nature of the relations between
cams et la Commission, et dans la dis- the Caïmacams and the Commission,
cussion soulevée sur cet objet par Mr. and during the discussion on this sub-
de Liehmann, Sir Henry Bulwer a ject by M. de Liehmann, Sir Henry
cru de son devoir de citer quelques Bulwer thought it his duty to cite
explications, qui, à l'occasion de la certain explanations which were ex-
dernière réunion des Ministres de la changed on the occasion of the last
Porte avec les Représentants et les meeting of the Ministers of the Porte
Commissaires, ont été échangées et with the Representatives and the
qui étaient de nature à jeter de la lu- Commissioners, which were of a na-
mière sur la position des Commissaires ture such as to throw light on the
MOLDAVIA AND WALLACHIA, 1857
767
vis-à-vis des Gouvernements des Prin- position of the Commissioners regard-
cipautés. Tous les Commissaires qui ing the Governments of the Principal-
ont assisté à cette séance ayant con- ities. All the Commissioners who
firmé l'exactitude des citations faites were present at this meeting, having
par Sir Henry Bulwer, on tombe d'ac- confirmed the accuracy of the citations
cord que, bien que les Caïmacams, sous made by Sir Henry Bulwer, it was
le rapport de l'exécution du Firman, ne agreed that, although the Caïmacams
soient responsables que vis-à-vis de la were responsible only to the Sublime
Sublime Porte, la Commission se dé- Porte, regarding the execution of the
clare compétente d'adresser, par l'or- Firman, the Commission declares
gane de son Président, aux deux Caï- itself competent to send confidential
macams, soit verbalement soit par cor- observations concerning the subject
respondance, des observations confi- aforesaid, either verbally or in writ-
dentielles ayant trait au susdit sujet. ing, through its President to the two
Il est entendu que, par ce procédé, la Caïmacams. It is understood that by
Commission ne prétend exercer aucun this procedure the Commission makes
acte d'autorité, mais seulement un no pretence to the exercise of any
pouvoir moral, qui prend la forme de act of authority but only moral force
conseil ou d'avis. De plus, il est in- in the form of counsel or advice.
dispensable que la rédaction des let- Moreover, it is indispensable that the
tres, que la Commission adressera à text of the letters which the Commis-
cet égard aux Caïmacams, soit préala- sion shall address on this subject to
blement adoptée par tous les Commis- the Caïmacams should be previously
saires.
adopted by all the Commissioners.
Mr. de Liehmann demande “s'il M. de Liehmann asks “whether it
est convenu que les Caïmacams ne sont is agreed that the Caïmacams are not
pas obligés à suivre les avis de la Com- obliged to follow the advice of the
mission."
Commission?"
Les autres Commissaires ayant ré- The other Commissioners having
pondu, que les phrases précédentes answered that the preceding phrases
expriment que la Commission ne pré- state that the Commission makes no
tend exercer aucun acte d'autorité, pretense of exercising any act of au-
MM. les Commissaires sont unanimes thority, the Commissioners are-unan-
à penser que les Caïmacams sont libres imous in thinking that the Caïmacams
de suivre ou non les avis ou les con- are free to follow or not the advice or
seils que la Commission leur adres- counsel addressed to them by the
sera, mais qu'ils resteront toujours Commission, but that they will always
sous la responsabilité de ne pas avoir be responsible for not having taken
tenu compte de l'opinion de la Com- account of the opinion of the Com-
mission.
mission.
768
DOCUMENTS
Mr. de Basily croit de son devoir M. de Basily believes it his duty to
d'observer, que la situation de la observe
observe that the situation of Mol-
Moldavie est celle-ci : Il y a dans le davia is this: There are in the coun-
pays deux partis, l'un pour l'Union, try two parties, one for and one
l'autre contre l'Union des deux Prin- against the union of the two principal-
cipautés. Le Gouvernement intéri- ities. The Government ad interim of
maire de Moldavie s'est mis ouverte- Moldavia has openly put itself at the
ment à la tête de ce dernier parti et head of this latter party and wishes to
veut, par tous les moyens en son pou- influence the coming elections to that
voir, influencer les prochaines élec- end by all the means in its power. It
tions dans ce sens. Il veut hâter les wishes to hasten the elections in order
élections, pour se soustraire à tout con- to liberate itself from all control. .
trôle. Le Divan, qui aurait été con- The Divan, convoked under such
voqué sous de tels auspices, ne serait auspices, would not be the expression
pas l'expression des veux du pays, of the country that you desire, but the
mais l'instrument de l'autorité qui le instrument of the authority which
convoque. L'attitude, le langage et convoked it. The attitude, language
les procédés du Prince Vogoridès sont and proceedings of Prince Vogorides
diamétralement opposés à l'article 24 are diametrically opposed to Article
du Traite du 30 Mars, à l'esprit qui 24 of the Treaty of March 30th, to
a présidé aux protocoles du Congrès the spirit which has animated the pro-
de Paris et au sens du Firman de tocols of the Congress of Paris and
convocation. M. le Commissaire de to the sense of the firman of convoca-
Russie les considère comme attenta- tion. The Russian Commissioner con-
toires aux droits, que le Congrès a siders them as infringing on the rights
garantis à la nation moldave, et, en which the Congress has guaranteed
conséquence, M. de Basily déclare, to the Moldavian nation and in con-
qu'à son avis, il ne serait pas con- sequence, M. de Basily declares that,
forme à la dignité du Congrès, dont la in his opinion, it would not conform
Commission émane, d'avoir à traiter with the dignity of the Congress from
avec un Divan qui aurait été con-
which the Commission emanates, to
voqué sous de tels aupices.
treat with a Divan which had been
convoked under such auspices."
Mr. le Baron de Talleyrand ad- Baron de Talleyrand
Talleyrand “adheres
hère complètement à la déclaration de absolutely to the declaration of M. de
Mr. de Basily et ajoute, qu'il ne sau- Basily and adds, that he can have no
rait avoir aucune confiance dans le confidence in the present Government
Gouvernement actuel de Moldavie. of Moldavia. The recent acts of
Des faits récents de partialité évi- evident partiality, systematic dismis-
dente, les destitutions systématiques, sals, illegal promotions, made in view
les promotions illégales faites en vue of the elections, both in the militia
MOLDAVIA AND WALLACHIA, 1857
769
des élections dans la milice et dans la and in the boyard class, and the re-
boyarie, les déclarations renouvelées peated declarations of the Caïmacain
du Caïmacam prouvent suffisamment prove sufficiently to the French Com-
à Mr. le Commissaire de France, qu'il missioner that there has been from
y a parti pris de ne rien changer à un the first day of its existence a deter-
système déloyal, qui ne tend, depuis le mination to make no change in a dis-
premier jour de son existence, qu'à loyal system which does not tend to
fausser la représentation nationale." falsify the national representation.”
Mr. le Baron de
de Richthofen Baron de Richthofen “ adheres
"adhère de son côté, aux déclarations for his part to the declaration of
de MM. de Basily et de Talleyrand. Messrs. de Basily and de Talleyrand.
Il ajoute encore que, lorsqu'il a parlé He adds further that when he spoke to
au Caïmacam de Moldavie de son pen- the Caïmacam of Moldavia of his pre-
chant pour le parti anti-unioniste, le dilection for the anti-unionist party,
Prince Vogoridès a justifié sa con- Prince Vogorides justified his con-
duite, en alléguant que, pour rétablir duct by alleging that, in order to es-
l'équilibre, il devait contrebalancer tablish equilibrium, it was necessary
l'influence de la France et en relevant to counterbalance the influence of
que, comme il en a reçu l'avis le plus France and by setting forth that, as
précis, la Turquie, l'Autriche et l'An- he had been most credibly informed,
gleterre sont décidées à combattre Turkey, Austria and England have
l'Union. Le Caïmacam, soutient Mr. decided to oppose the union. The
de Richthofen, croit de son devoir de Caïmacam, M. de Richthofen main-
préserver le pays des dangers pouvant tains, believes it his duty to preserve
résulter d'une agitation qu'il con- the country from the dangers which
sidère comme d'autant plus fâcheuse might result from an agitation which
que le but que l'on s'efforce d'attein- he considers the more deplorable as
dre — attendu qu'il est condamné the end sought — inasmuch as it is
d'avance — lui paraît irréalisable. ... condemned in advance — appears to
Le Baron de Richthofen, sans vouloir him unrealisible. . . . Baron de Richt-
entrer dans la discussion de savoir si hofen, without wishing to enter into
le Caïmacam est dans le vrai ou non, discussion as to whether the Caïma-
croit que, l'état des choses étant tel can is in the right or not, believes that
qu'il est, on n'arrivera pas à une ex- as affairs are in this condition, a free
pression libre des võux des popula- expression of the wish of the people
tions relativement à l'organisation fu- l'egarding the future organization of
ture des Principautés.
the Principalities cannot be obtained.
Mr. le Commissaire de Sardaigne The Commissioner of Sardinia
adhère complètement aux déclara- adheres absolutely to the declaration
tions faites par MM. les Commissaires made by the Commissioners of Rus-
de Russie, de France et de Prusse et sia, of France and of Prussia and
770
DOCUMENTS
il expose que, par suite de ce qu'il a states that, in consequence of what
vu et constaté personnellement sur le he has seen and witnessed personally
système d'intimidation et d'illégalité as to the system of intimidaiton and
suivi par l'administration moldave illegality pursued by the Moldavian
relativement aux élections et sur la administration regarding the election, ,
pression et l'action exercées par les and the pressure exercised by the
Agents de certaines Puissances sur le Agents of certain Powers on the Caï-
Caïmacam et sur son Gouvernement, macam and on his Government, he is
il a également la ferme conviction qu'il likewise of the firm conviction that it
ne serait pas conforme à la dignité des would not accord with the dignity of
Puissances représentées dans la Com- the Powers represented on the Com-
mission d'avoir à traiter avec un Di- mission to treat with a Divan con-
van convoqué sous de tels auspices.” voked under such auspices."
Vu l'heure avancée, la discussion In view of the lateness of the hour,
ultérieure sur ce sujet est renvoyée à further discussion on the subject is
la prochaine séance.
postponed to the next session.
(Suivent les signatures des Com- (The signatures of the Commis-
missaires.)
sioners follow.)
Protocolul No. 4. Şedinţa din 7
Junie (26 Maiŭ) 1857.
Protocol No. 4. Session of May
26/June 7, 1857.
La Commission reprend la discus- The Commission resumes the dis-
sion sur les affaires de Moldavie. cussion of the affairs of Moldavia.
Sir Henry Bulwer, “ayant écouté Sir Henry Bulwer “having lis-
avec attention les déclarations des au- tened with attention to the decla-
tres Commissaires, se voit dans la rations of the other Commissioners,
nécessité de déclarer qu'il trouve que, feels himself under the necessity of
dans l'intérêt de la Commission, aussi declaring that he finds that in the
bien que dans celui des Principautés, interests of the Commission as well
on ne devrait pas se faire un jugement as in that of the Principalities, one
trop prompt, ni exprimer une critique should not form too prompt a judg-
trop sévère.
ment, nor express too severe a criti-
cism.
Des passions égoistes, tant à Bu- “Egotistic passions as much at Bu-
carest qu'à Jassy, s'efforcent dans ce charest as at Jassy cause them at this
moment à faire prévaloir leurs in- time to advance their private interests
térêts privés ou à satisfaire leurs ven- or to satisfy their personal jealousies
geances particulières par le moyen de by means of the Commission. Sir
la Commission. Sir Henry Bulwer a Henry Bulwer is able himself to
été à même de constater, que des faits maintain that facts recited in this re-
MOLDAVIA AND WALLACHIA, 1857
771
racontés à l'égard de quelques-uns de gard by some of his colleagues, in the
ses propres collègues, de la manière
most precise manner and with all the
la plus précise et avec toute l'appar- appearance of authenticity, were en-
ence de l'authenticité, étaient entière- tirely without foundation.
How can
ment dénués de fondement. Com- one refrain from a belief that such
ment ne pas croire que de pareilles his- stories are invented by rival indi-
toires sont inventées par des individus viduals and parties, the one against
et des partis rivaux les uns contre les the other? To believe without
autres ? Ainsi, croire sans réserve à reservation everything told you in
ce qu'on nous raconte dans ce pays, ce this country, would be to arrive in ad-
serait arriver d'avance à la conclusion vance at a conclusion that every in-
que tous les individus un peu mar- dividual a little conspicuous, every
quants, que tous les partis qui se dis- party disputing for power, is in-
putent le pouvoir, sont incapables, capable, dishonest, accustomed to
malhonnêtes, rompus dans tous les every artifice, and to every fraud
artifices, accoutumés à toutes les which render men unworthy of legis-
fraudes qui rendent les hommes in- lative assemblies and public functions.
dignes des Assemblées législatives et ... But could one put one's hand
des fonctions publique.
Or, on one's conscience and declare, that
pourrait-on mettre la main sur la either all the Governments or all their
conscience et déclarer que, soit tous agents had been perfectly impartial?
ces Gouvernements, soit tous leurs And if not, ought they, the Com-
Agents, aient été parfaitement impar- missioners, to pronounce without any
tiaux ? Et si non, devraient-ils, eux, caution, with regard to the Caïma-
les Commissaires, se prononcer sans cams, either of Moldavia or of Wal-
quelques ménagements à l'égard des lachia, in a case where these had not
Caïmacams, soit de Moldavie soit de given proof of all the impartiality
Valachie, dans le cas où ceux-ci n'au- desired? Sir Henry Bulwer be-
raient pas fait preuve de toute l'im- lieves, moreover, that while taking
partialité désirable? Sir Henry Bul-
proper care that the Divan should be
wer pense, en outre, que tout en fai- regularly elected, the part of these
sant une juste attention à ce que les Divans is a little exaggerated, and
Divans soient régulièrement élus, on thus also the extent, even, of the ques-
exagère un peu le rôle des dits Di- tion at issue. What in fact are the
vans, et, par là, la portée même de la Divans? Far from being judges
question en litige. Que sont en effet who should decide all questions, they
les Divans? Loin d'être des juges qui are only witnesses brought on the
doivent tout décider, ils ne sont pour scene for the sake of the Commis-
les Commissaires que des témoins sioners, in order to enlighten the
ameniés sur la scène afin d'éclairer la Commission. And how should one
Commission. Et comment doit-on always weigh evidence ? According
772
DOCUMENTS
1
apprécier tout témoignage? Selon sa to its truth, according to its intrinsic
réalité, selon sa valeur intrinsèque. value. Divans conducted solely ac-
Des Divans conduits par la volonté cording to the will of the Porte, Di-
seule de la Porte, des Divans égarés vans led astray by foreign influences
par des influences étrangères, per- would lose this moral authority,
dront cette autorité morale, qui est le which is the sole guide of conscience.
seul guide des consciences. Ce serait This would be a misfortune, a mis-
un malheur, un malheur qu'on devrait fortune which one should doubtless
chercher sans doute de prévenir, mais seek to prevent but a misfortune
un malheur dont l'étendue est limitée whose extent is limited by its cause.
par sa cause même. La Commission The Commission need not make too
donc n'a pas besoin de trop se presser much haste nor be too much concerned.
ni trop s'inquiéter. Qu'elle repousse Let it reject vague insinuations.
des insinuations vagues. Qu'elle Let it tolerate certain abuses, in-
tolère de certains abus, inséparable de separable from the situation; let it
la situation; qu'elle cherche les moyens seek the most practical means, in or-
les plus pratiques, afin de faire cesser der to put an end to the more flagrant
d'autres abus plus criants. Qu'elle abuses. Finally let them despair of
ne désespère enfin de rien, quand nothing, even if their well intentioned
même ses efforts bien intentionnés efforts should not succeed; for they
ne réussissent pas; car on n'est qu'au are only at the beginning of a great
commencement d'un grand travail, et work and not all is lost till all is over.
tout n'est pas perdu avant que tout ne Sir Henry Bulwer ends his observa-
soit fini. Sir H. Bulwer termine ses tions by saying that, if the Commis-
observations, en disant que, si la Com- sion desires to know his frank and
mission voulait savoir son opinion unreserved opinion on the Govern-
franche et sans réserve sur le Gouv- ment of Moldavia, he does not think
ernement de la Moldavie, il ne croit this Government as blameable as it is
pas ce Gouvernement aussi blâmable represented; but neither does he con-
qu'on le représente; mais il ne le croit sider it wholly blameless. Prince
pas tout-à-fait sans blâme. Le Prince Vogorides appears to him to have
Vogoridès lui paraît avoir commis la committed the same error that sev-
même erreur dans laquelle quelques- eral of the Commissioners are a little
uns des Commissaires sont un peu disposed to fall into at the present
disposés à tomber dans le moment ac- moment.
This Prince has perhaps
tuel. Ce Prince s'est laissé peut-etre allowed himself to be too easily dis-
trop facilement effrayer par certaines mayed by certain circumstances, just
circonstances, comme on peut main- as now they themselves are being
tenant s'effrayer trop facilement par too easily dismayed by others. One
d'autres. Il ne faut pas attendre que should not expect that a golden age
tout à coup un âge d'or puisse arriver could come into existence all at once
MOLDAVIA AND WALLACHIA, 1857
773
dans les Principautés et qu'un pays, in the Principalities and that a coun-
quit a toujours été travaillé par des try which has always been rent by
partis, cesse soudainement de l'être. Il parties, should suddenly cease to be so.
y a des partis en Valachie, il y en a en There are parties in Wallachia, there
Moldavie. Le Caïmacam de ce der-
are parties in Moldavia. The Caï-
nier pays, selon ses propres paroles, a macam of this latter country, accord-
cru voir une combinaison formidable ing to his own words, has expected to
entre un parti qui est opposé au sien et see a formidable combination between
une grande Puissance étrangère. Il a party opposed to him and a great
a reçu des informations. Il a peut- foreign Power. He has received in-
être exagéré la nature des faits et s'est formation.
formation. He has perhaps exag-
cru justifié de se servir jusqu'à l'ex- gerated the nature of the facts and has
trême, pour sa propre défense et celle thought himself justified in making
de ses amis et de la Sublime Porte, lise to the limit of the legitimate
de tous les pouvoirs légitimes que sa powers his position affords him for
position lui accorde.
his own defence and the defence of
his friends and of the Sublime Porte."
Après avoir écouté les réflections After listening to the reflections of
de Mr. le Commissaire brittanique, the British Commissioner, Baron de
Mr. le Baron de Talleyrand dit, Talleyrand says: “.
I am the more
“... Je suis d'autant plus fondé, a inclined seriously to blame the Caima-
blâmer hautement le Caïmacam de cam of Moldavia, as I have received
Moldavie, que j'ai reçu à plusieurs repeatedly from Safvet Effendi the
reprises de Safvet Effendi les assu- most positive assurances that no order,
rances les plus positives, qu'aucun or- no secret opinion of the Sublime Porte
dre, aucun avis secret de la S. P. had ever encouraged Prince Vogor-
n'avait jamais encouragé le Prince ides to depart from the impartial line
Vogoridès à sortir de la ligne de con- of conduct recommended by the Con-
duite impartiale recommandée par le gress of Paris. The responsibility
Congrès de Paris. La responsabilité for the acts of the Caïmacam rests
des actes du Caïmacam lui appartient entire on himself.”
donc tout entière."
Ensuite on tombe d'accord sur la Whereupon the text of the letter is
rédaction de la lettre, qui sera adressée agreed on which is to be addressed
au Chef du Gouvernement moldave et to the Head of the Moldavian Goy-
qui se trouve annexée au présent pro- ernment and which is annexed to the
tocole.
present protocol.
En discutant la teneur de la lettre In discussing the meaning of the
annexée, la Commission est unanime letter annexed, the Commission iş
à reconnaître que les listes électorales unanimous in recognizing that the
en Moldavie ne peuvent être considé- electorial lists in Moldavia can only
774
DOCUMENTS
rées comme valablement dressées, be considered as compiled in a valid
qu'après que le résultat de l'entente, manner after the results of the
dont parle la dite lettre, aura été com- agreement, referred to in the said
muniqué au Prince Vogoridès, et, qu'en letter, shall have been communicated
conséquence, il sera du devoir de ce to Prince Vogorides, and, in conse-
dernier de ne compter le terme des 30 quence, it shall be the duty of the lat-
jours accordés par le Firman aux ré- ter to count the term of 30 days ac-
clamations, que du moment où les corded by the Firman for protests, as
listes rectifiées seront publiées." beginning only from the moment
when the lists shall have been pub-
lished.”
Adresa câtre Caïmacamul Princi-
patului Moldovei.
Address to the Prince Caïmacam
of Moldavia.
Par suite d'une délibération qui In consequence of a deliberation
vient d'avoir lieu dans le sein de la which has just taken place within the
Commission internationale, dont j'ai Commisssion, whose final constitution
eu l'honneur de vous annoncer par ma I had the honor to announce to you in
précédente dépêche la constitution dé-
my preceding dispatch, I make haste
finitive, je m'empresse de vous faire to inform you of the order which has
part de l'ordre qui m'a été adressé par been addressed to me by the Sublime
la S. P. à la date du 31 Mai — No. Porte on May 31 (No. 8) for your
8.- pour votre gouverne.
governance.
Quant au résultat de l'entente entre As for the results of the under-
la Commission et la Caïmacam de Va- standing between the Commission and
lachie au sujet des doutes soulevés the Caïmacam of Wallachia on the
dans l'application du Firman, je ne subject of the doubts raised in the
manquerai pas de vous en faire part application of the Firman, I shall not
Si cette entente n'a pas pu fail to inform you of it shortly. If
s'effectuer jusqu'ici, c'est que la Com- this understanding has not been possi-
mission n'a reçu que tout récemment ble to arrive at, it is because the Com-
les pouvoirs nécessaires pour y pro- mission has only recently received the
céder.
necessary power for proceeding with
it.
A la même date, le Caïmacam de On the same date the Caïmacam of
Valachie a reçu l'ordre de la S. P. de Wallachia received orders from the
veiller à la stricte et loyale exécution Sublime Porte to give strict and loyal
du Firman de Convocation. La Com- care to the execution of the Firman of
mission a lieu de croire que V. E. aura Convocation. The Commission is in
sous peu.
MOLDAVIA AND WALLACHIA, 1857
775
reçu le même ordre pour sa gouverne.
a position to believe that your Ex-
cellency has received the same order
for your governance.
(Signed :) E. SAFVET.
Bucharest, June 6, 1857.
(Signé:) E. SAFVET.
Bucharest, le 6 Juin 1857.
Protocolul No. 5. Şedinţa din 8
Junie (27 Maiŭ) 1857.
Protocol No. 5. Session of May
27/June 8, 1857.
Mr. le Comincissaire de Turquie The Turkish Commissioner gives
s'énonce de la manière suivante : his opinion as follows:
According
' D'après l'esprit du Traité de Paris to the spirit of the Treaty of Paris
et la teneur des protocoles, aucune in- and the tenor of the protocols, no in-
fluence ne devait être exercée ni en fluence shall be exercised either for
faveur ni contre une opinion.
or against an opinion.
“ La population des deux Princi- The people of the two Principal-
pautés de Valachie et de Moldavie ities of Wallachia and of Moldavia
devait être laissée à elle-même, pour should be left to themselves, in order
exprimer spontanément des võux sur to give spontaneous expression of
l'organisation du pays.
A son arrivée their wishes as to the organization of
à Bucarest, Safvet Effendi a trouvé the country. On his arrival at Bu-
un parti organisé, s'arrogeant le droit charest, Safvet Effendi found a party
de diriger les esprits dans un sens ex- organized, claiming the right to di-
clusif, et des comités établis pour fa- rect opinion in an exclusive sense and
voriser par tous les moyens possibles committees established to favor in
la propagation des idées de l'Union
every way possible the preparation of
des deux Principautés.
the idea of the union of the two
Principalities
Quant au parti conservateur, ' As for the Conservative Party,
celui-ci, sous le coup de l'impression the Ottoman Commission has found
des évènements qui se passèrent en it absolutely inactive . under the
1848 et voyant se déployer les mêmes strength of the impression of the
éléments et à la tête du mouvement les events of 1848 and seeing the same
mêmes individus qui ont amené cet elements in play and the same individ-
état de choses, ... Mr. le Commis-
Mr. le Commis- uals at the head of the movement, who
saire ottoman l'a trouvé dans une in- had directed matters on former oc-
action complète.
casions.
"... Le parti de l'Union, en-
The Union Party, encour-
couragé d'un côté par les dispositions aged on the one hand by the niani-
manifestes de quelques grandes Puis- fest dispositions of several great
sances de l'Europe en faveur de son
powers of Europe in favor of its
776
DOCUMENTS
opinion et s'appuyant de l'autre sur la opinion, and relying, on the other, on
sympathie de la presse européenne, the sympathy of the European press,
exerce une influence considérable sur exercises a considerable influence on
les esprits et en impose au parti con- opinion and imposes it on the opposite
traire.
party.
Mr. le Commissaire de l'Autriche The Austrian Commissioner shares
partage et appuie l'opinion de Saf- and supports the opinion of Safvet
vet Effendi, en alléguant qu'il s'est Effendi, stating that he was in Mol-
trouvé en Moldavie simultanément davia at the same time as his col-
avec MM. ses collègues de France, de leagues of France, Prussia and Sar-
Prusse et de Sardaigne, et bien que dinia, and although during that time
pendant ce temps il ait été en relations he was in touch with a great number
avec un très grand nombre d'habitants of inhabitants of the country of all
de ce pays et de toutes les classes, il classes, he could nevertheless con-
peut cependant dire en conscience scientiously say that no complaint
qu'aucune plainte ne lui est parvenue against the Moldavian Government
contre le Gouvernement moldave. .. had reached him. ...
“ Mr. le Commissaire d'Autriche " The Austrian Commissioner be-
croit, par conséquent, ne pouvoir lieves, consequently, that he can not
nullement s'associer à l'avis de MM.
agree with the opinion of his col-
ses collègues de France, de Prusse, leagues of France, Russia, Prussia
de Russie et de Sardaigne, qu'un Di- and Sardinia, that a Divan, for which
van, pour lequel les élections se ferai- elections were held under the auspices
ent sous les auspices du Gouverne- of the present Government of Mol-
ment actuel de Moldavie, n'offrirait davia, would not offer the guarantees
pas les garantis requises pour remplir requisite for fulfilling the object of its
le but de son institution.”
institution.”
La discussion sur les affaires de The discussion on the affairs of
Moldavie étant terminée, Mr. de Ba- Moldavia being ended, M. de Basily
sily “ demande l'urgence pour l'ad- requests immediate consideration of
mission par la Commission d'une the admission by the Commission of
adresse du Métropolitain de Moldavie an address of the Metropolitan of
relative aux élections."
Moldavia regarding the elections.”
Mr. de Liehmann" s'oppose à cette M. de Liehmann "is opposed to
demande."
the request.”
Sir Henry Bulwer demande, “que Sir Henry Builwer requests,
that
la Commission s'occupe avant tout de the Commission first take up
la réponse du Caïmacam de Valachie, for consideration the answer of the
dont Safvet Effendi, au commence- Caïmacam of Wallachia, of which
ment de la séance, a annoncé la récep- Safvet Effendi annnounces the receipt
MOLDAVIA AND WALLACHIA, 1857
777
tion. Le Commissaire britannique at the beginning of the session. The
allègue, que le pays attend impatiem- British Commissioner alleges that
ment la clôture et la publication des the country is impatiently awaiting the
listes électorales.”
closing and the publication of the elec-
toral lists."
Safvet Effendi “se range de l'avis Safvet Effendi partakes of the
de Sir H. Bulwer."
cpinon of Sir H. Bulwer.”
Après d'autres observations faites After other observations had been
par tous les Commissaires, on décide, made by all the Commissioners, it was
sur la demande de Mr. de Liehmann, decided, on the request of M. de Lieh-
de discuter d'abord le principe concer- mann, to discuss first the principle re-
nant la non-admission des pétitions, garding the non-admission by the
plaintes ou réclamations par la Com- Commission of petitions, complaints
mission, que Mr. le Commissaire or claims, a principle which the Aus-
d'Autriche a mis en avant dans la der- trian Commissioner had brought for-
nière séance.
ward in the last session.
Mr. de Liehmann expose “Qu'en M. de Liehmann states “that in
admettant des pétitions, plaintes ou admitting petitions, complaints and
réclamations, la Commission change- claims, the Commission would com-
rait entièrement son caractère primi- pletely change its original character
tif et se transformerait, en opposition and would completely transform
manifeste aux dispositions du Traité itself, in a manner manifestly con-
de Paris et de l'instruction du Con- trary to the dispositions of the Treaty
grès, qui lui interdit de la manière la of Paris, and to the instructions of
plus explicite tout acte d'autorité ou the Congress, which forbade it in the
d'ingérence, en une espèce de tri- most explicit manner to exercise any
bunal. ...
act of authority or of interference or
any action of a judicial nature.
Safvet Effendi “partage l'opinion Safvet Effendi “shares the opinion
de Mr. le Commissaire d'Autriche." of the Austrian Commissioner."
Mr. de Talleyrand fait remarquer, M. de Talleyrand remarks “that
que, d'après le sens et l'esprit du according to the meaning and the
Traité de Paris, le public avait tout spirit of the Treaty of Paris, the pub-
lieu de supposer qu'il avait le droit lic had good reason to suppose that it
de s'adresser à la Commission. Com- had the right to address the Commis-
ment connaîtrions-nous, demande-t-il, sion. How, he asked, should we be
les abus de l'état de choses actuel, si aware of the abuses of the present
nous n'écoutions pas ceux qui en souf- state of affairs, if you did not listen
frent ...?"
to those who are suffering under
them
رو کې
778
DOCUMENTS
Sir Henry Bulwer propose
que Sir Henry Bulwer proposes “that
l'on accepte des papiers, quel qu'en those papers be accepted, whatever
soit le titre, lesquels la Commission their title, which the Commission
juge propres à l'éclairer sur l'état du considers of a nature to enlighten
pays, pourvu qu'on informe les per- it as to the state of the country, pro-
sonnes qui communiquent ces papiers, vided that the persons, who transmit
qu'ils ne sont reçus qu'à titre d'infor- these papers, are informed that they
mation et que la Commission ne peut are received only as information and
exercer aucun acte d'autorité ou d'in- that the Commission can exercise no
gérence en
contradiction formelle act of authority or of interference in
avec le but de sa imission."
formal contradiction with the object
of its mission.”
Les Comniissaires de France, de The Commissioners of France,
Prusse, de Russie et de Sardaigne Prussia, Russia and Sardinia "pro-
"se prononcent pour la proposition de nounce in favor of the proposition of
Sir Henry Bulwer. Ils n'entendent
Ils n'entendent Sir Henry Bulwer. They agree to
admettre que des papiers, qui auraient admit only those papers considered
été jugés propres à éclairer les Com- to be of a nature to enlighten the
missaires. Il n'y a nulle question Commissioners. There is no ques-
d'ériger la Commission en tribunal, tion of erecting the Commission into
de vérifier, de constater et de redresser
a tribunal, nor of verifying, establish-
des griefs quelconques; autrement, ing and redressing any grievance
demande Mr. de Basily, comment la whatever; otherwise, asks M, de
Commission entend-elle s'éclairer? Basily, how does the Commission in-
Ne serait-ce que pour apprécier les tend to gain enlightment? Would it
circonstances, dans lesquelles elle croi- not remain only to consider the cir-
rait devoir exercer la censure, comme cumstances under which it should ex-
le principe en a été unanimement ad- ercise censure, as the principle had
mis
par la Commission?”
been unanimously admitted by the
Commission?"
Pour mieux préciser la manière The better to define the form of
dont on se propose de procéder à procedure proposed with reference to
l'égard des papiers qui seront adressés those papers which may be addressed
à la Commission, on tombe d'accord, to the Convention, it was agreed to
c'est-à-dire Mr. Liehmann et Safvet acknowledge their receipt by means of
Effendi sous la réserve précitée, sur the formula here annexed, M. de
la formule ci-annexée d'accuser ré- Liehmann and Safvet Effendi making
ception.
the reservation above referred to.
MOLDAVIA AND WALLACHIA, 1857
779
Anexă.
Formula respunsului către peti-
tionari.
Annex.
Form of Answer to Petitioners.
Monsieur,
Sir,
“ J'ai reçu le document, que vous
“I have received the document
venez de m'adresser; mais ce papier which you have addressed to me, but
n'est reçu par moi qu'à titre d'infor- I received this paper only as informa-
mation, puisque la Commission, tout tion since the Commission, desiring
en désirant s'entourer de tout ce qui to surround itself with all that could
peut éclairer son jugement sur l'état enlighten its judgment as to the state
du pays, doit se prémunir contre tout of the country, must protect itself
acte d'autorité ou d'ingérence, en con- against all acts of authority or of in-
tradiction formelle avec le but de sa terference which are in formal con-
mission et son caractère consultatif." tradiction with the object of its mis-
sion and of its consultative char-
acter.”
Protocolul No. 6. Şedinţele din 11 Protocol No. 6. Sessions of May
Junie (30 Maiŭ). 13 (1), 15 (3), 30/June 11, June 1/13; 3/15,
16 (4) și 17 (5) Junie 1857.
4/16, and 5/17, 1857.
Ensuite lecture est donné de la lettre The letter and annex (No. 9) ad-
et de son annexe (No. 9) que le Caï- dressed by the Caïmacam of Wal-
macam de Valachie a adressées à la lachia to the Commission and submit-
Commission et que Safvet Effendi lui ted by Safvet Effendi at the last ses-
a soumises dans la dernière séance. sion was then read.
Sur la proposition de Mr. de Lieh- On the proposition of M. de Lieh-
mann, la Commission, jugeant à pro- mann, the Commission, judging it to
pos de se procurer les éclaircisse- the point to procure explanations as
ments désirables sur certaines ques- to certain questions, decides to request
tions, décide de prier le Président the President to invite MM. Arsaki
d'inviter MM. Arsaki et Georges and Georges Ghica to present them-
Ghica à se présenter à la Commission selves to the Commission at the Ses-
dans la séance du 13 (1) Juin.
sion of June 1/13.
Lesdits Messieurs ayant fourni des The said gentlemen having given
renseignements, la Commission a con- the information, the Commission de-
sacré les séances du 13 (1), 15 (3), voted the sessions of the 1/13, 3/15,
16 (4) et 17 (5) Juin à l'examen et 4/16, 5/17 of June to the examination
à la discussion détaillés de chacune des and detailed discussion of each of the
propositions du Caïmacam de Vala- propositions of the Caïmacam of
780
DOCUMENTS
chie. Le résultat de ce travail se Wallachia. The result of this work
trouve consigné dans les contre-obser- will be found embodied in the counter
vations annexées sous forme de mé- observations annexed in the form of
moire et destinées à être commu- a memoir and intended to be commu-
niquées aux deux Caïmacams.
nicated to the two Caïmacams.
Avant que la séance du 17 Juin Before the session of June 17th
soit levée, Mr. le Baron de Richt- was closed, Baron de Richthofen
hofen soumet à la Commission les presented to the Commission numbers
numéros 1 et 2 du Bulletin officiel de 1 and 2 of the Bulletin Officiel de Mol-
Moldavie en date du 30 et 31 Mai davie, dated May 30 and 31 (o. s.)
5.) -
(v.s.) — Nos. 10 et 11 - et fait Nos. 10 and 11 – and pointed out
remarquer, “qu'il résulte de l'une " that it results from each of these
et de l'autre de ces deux pièces
de ces deux pièces two documents that the Caïmacam of
que le Caïmacam de Moldavie a of- Moldavia has officially published the
ficiellement publié la liste électorale electoral list of the clergy and that of
du clergé et celle des grands pro- the large proprietors. The Prussian
priétaires. Mr. le Commissaire de Commissioner, therefore, maintains
Prusse constate ainsi, que le Prince that Prince Vogorides has proceeded
Vogoridés a procédé aux opérations with the electoral operations, without
électorales, sans avoir attendu la so-
having awaited the solution of the
lution des doutes soulevés par le Caï- questions raised by the Caïmacam of
macam de Valachie sur l'interpréta- Wallachia as to the interpretation of
tion du Firman de convocation, the Firman of Convocation,
Protocolul No. 9. Şedinţele din 2 Protocol
Protocol No. 9. Session of June
Julie (20 Junie) si 3 Julie (21 20/July 2, and June 21/July
Junie) 1857.1
3, 1857.
Mr. le Baron de Richthofen, de Baron de Richthofen, on his part,
son côté, soumet à la Commission une submits to the Commission a pro-
réclamation de Mr. Răducan Rosetti test of Mr. Raducan Rosetti against
contre son exclusion des listes élec- his exclusion from the electorial lists.
torales. (No. 21.)
(No. 21)
Ensuite, Mr. de Basily réclame Thereupon, M. de Basily urges for
pour la 3-ème fois, et de nouveau à the third time, and again under the
titre de simple information, d'urgence, head of simple information, immedi-
la lecture d'une adresse envoyée à la ate consideration for the reading of
Commission par le Métropolitain de an address sent to the Commission by
Moldavie. " C'est à la conférence du the Metropolitan of Moldavia. It
8 Juin (27 Mai), dit Mr. le Commis- 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
nous
saire de Russie, que j'ai eu l'honneur (May 27), said the Russian Commis-
de la soumettre à la Commission. Je sioner, " that I had the honor of sub-
regrette que
ayons laissé mitting it to the Commission. I re-
s'écouler près d'un mois, sans prendre gret that we have allowed nearly a
connaissance de cet important docu- month to go by without taking cog-
ment. Dans cet intervalle, les choses nizance of this important document.
se sont aggravées en Moldavie et j'ai In this interval matters have become
la conviction que les complications que worse in Moldavia, and I am con-
je signale ne se seraient pas présentées, vinced that the complications to which
si nous avions pris à temps connais- I refer would not have arisen, if we
sance de ce document. Je déclare had taken cognizance of this docu-
l'avoir lu avec attention; il a trait, à ment in time. I declare that I have
des questions qui doivent nous pré- read it with attention; it treats of the
occuper; il émane du Chef de l'Eglise questions which should occupy us; it
moldave, qui doit non seulement pré- is issued by the Head of the Mol-
sider le Divan, mais aussi, comme davian Church who should not only
chef diocésain, procéder à la convoca- preside over the Divan, but also, as
tion d'une classe d'électeurs."
Chief Diocesan, should proceed to the
convocation of one class of electors."
L'urgence réclamée par Mr. de The immediate consideration
Basily ayant été votée, lecture est claimed by M. de Basily having been
donnée de l'adresse du Métropolitain voted, the address of the Metropoli-
de Moldavie.
tan of Moldavia was read.
Protocolul No. 11. Şedinţele din 10 Protocol No. 11.
Protocol No. 11. June 28/July 10
Julie (28 Junie) și 13 (1)
and July 1/13, 1857.
Julie 1857.
Présents : Le Commissaire d'Au-
triche (Président), de France,
Present: The Commissioners of
Austria, (presiding) of France.
Mr. de Liehmann expose,
que M. de Liehmann states" that up to
jusqu'à l'heure qu'il est, quatre péti- the present moment four petitions
tions ont été soumises à la Commis- have been presented to the Commis-
sion, contenant toutes des plaintes sion containing all the complaints
contre le Gouvernement actuel de Mol- against the present Government of
davie et relatives aux élections pour le Moldavia, and relating to the elections
Divan ad-hoc; et nommément:
for the Divan ad hoc; namely:
“1. Une pétition du Métropolitain “ 1. A petition from the Metropoli-
782
DOCUMENTS
de Moldavie en date du 19 Mai 1857. tan of Moldavia, dated May 19, 1857.
“2. Une pétition signée par plu- 2. A petition signed by several
sieurs membres du clergé moldave et members of the Moldavian clergy and
par beaucoup d'autres habitants de by many other inhabitants of this
cette Principauté, portant la date du Principality, under the date of June
20 Juin 1857.
20, 1857.
“3. Une pétition signée par un cer- ‘3. A petition signed by a certain
tain nombre d'habitants de cette Prin- number of inhabitants of the Princi-
cipauté, daté du 22 Avril (9 Mai) pality, dated April 22/May 9, 1857,
1857; et enfin.
and finally
“4. Une pétition du Logothète Ră- 4. A petition of the Logothète
ducan Rosetti, datée de Bacăŭ (20 Raducan Rosetti, dated at Bacau
Juin) 1857.
June 8/20, 1857.
Passant à la pétition No. 2, Mr. Passing to petition No. 2, M. de
de Liehmann fait observer comme Liehmann observed that, as in petition
aussi à la pétition No. 3, qu'il ne peut No. 3, he could only state the impres-
énoncer que l'impression générale sion this had produced on him, as he
qu'elles ont produite sur lui, attendu had no other means of verifying the
qu'il n'a aucun moyen pour vérifier numerous facts alleged.
les faits nombreux qui y sont allégués.
Quant à la pétition No. 2, con- " As for petition No. 2, continued
tinue Mr. de Liehmann, les signatures Mr. de Liehmann, the signatures
qui s'y trouvent apposées sont divisées which are affixed are divided in three
en trois catégories distinctes, à savoir: distinct categories, that is to say:
“a) En celle des inscrits dans les "a. Those entered on the electoral
listes électorales, mais réclamant lists, but protesting against the com-
néanmoins contre la confection de ces pilation of these lists and declaring
listes et déclarant ne voulant point that they did not wish to have any
participer aux élections ;
part in the elections;
“b) En celle des exclus des listes “b. Those excluded from the elec-
électorales et croyant avoir droit d'y toral lists and believing that they had
etre portés; enfin
the right to be included; finally,
"c) Celle des ayants-droits à par- 'c. Those entitled to participate in
ticiper aux élections conformément au its election according to the Organic
Statut Organique et exclus par le Fir- Statute and excluded by the Fir-
man.
.
“Mr. de Liehmann croit, en outre,
* Mr. de Liehmann believes, more-
devoir faire observer que les signa- over, that he ought to point out that
taires de la pétition mentionnée s'arro- the Signatories to the petition men-
gent le droit de se plaindre et de pro- tioned claim the right to make com-
man.
MOLDAVIA AND WALLACHIA, 1857
783
tester contre les procédés du Gou- plaint and to protest against the pro-
vernement moldave au nom du peuple ceedings of the Moldavian Govern-
moldave, circonstance qui rappelle ment in the name of the Moldavian
trop les écrits de cette nature parus en people, a circumstance which recalls
1848 et à d'autres époques de boule- too well the writings of this nature
versements et de troubles, pour avoir which appeared in 1848 and at other
besoin d'être qualifiée.
periods of upheaval and trouble, to
need any qualification.
“A la pétition No. 3, en revanche, “Returning again to petition No.
relève Mr. de Liehmann, se trouvent 3." Mr. de Liehmann said “that
annexées, comme pièces d'appui, un there were annexed as supplementary
grand nombre de copies de lettres par- documents, a great number of copies
ticulières, de correspondances offi- of personal letters, official correspond-
cielles, de dépêches télégraphiques et ence, telegraphic dispatches and even
même de lettres d'office échangées en- official letters exchanged between the
tre des Evêques et des administrateurs Bishops and ecclesiastical administra-
ecclésiastiques, pièces qui, évidem- tors, documents which evidently could
ment, ne peuvent être tombées, si leurs only have fallen into the hands of
copies sont exactes, que par les moyens their possessors, if the copies are ex-
les plus illicites et les plus répréhensi- act, by most illicit and reprehensible
bles entre les mains de leurs posses- means, documents, which, moreover,
seurs, pièces qui, en outre, démontrent give evidence that the party which,
à l'évidence que le parti qui, en Mol- in Moldavia, decks itself with the
davie, se décore du titre pompeux de pompous title of “ National,” has not
national, n'a pas hésité à organiser, hesitated to organize a system for the
au détriment de la morale publique, theft of documents to the detriment
tout un système de soustraction
of the public morale."
d'écrits...
A la suite de cet exposé, Mr. At the end of this argument the
le Commissaire d’Autriche énonce Austrian Commissioner expresses the
l'avis que les pièces ci-dessus men- opinion that the above mentioned doc-
tionées, soumises à la Commission ne uments submitted to the Commission
sont non plus de nature à pouvoir are neither of a nature to allow of a
baser sur leur contenu une censure censure of any kind to be based on
quelconque à adresser par la Commis- their contents, to be sent by the Com-
sion au Caïmacam de Moldavie, et en- mission to the Caïmacam of Moldavia,
core moins à justifier l'opinion itera- and still less to justify the opinion re-
tivement émise par MM. les Commis- peatedly expressed by the Commis-
saires de France, de Prusse, de Russie sioners of France, Prussia, Russia,
et de Sardaigne, que la Commission ne and Sardinia, that the Commission
pourra se mettre en rapport avec un can not establish any relations with a
784
DOCUMENTS
Divan ad hoc en Moldavie convoqué Divan ad hoc in Moldavia convoked
sous les auspices du Gouvernement under the auspices of the present Gov-
actuel de cette Principauté."
ernment of the Principality.”
Protocolul No. 12. Şedinţa din 22
(10) Julie 1857.
Protocol No. 12- Session of July
10/22, 1857.
Mr. le Baron de Talleyrand émet Baron de Talleyrand expresses the
l'avis suivant:
following opinion:
“L'étude des papiers, que Mr. de "The study of the papers which M.
Liehmann a analysés, m'a conduit à cle Liehmann has analyzed, has led
une conclusion directement opposée a me to a conclusion directly opposite
la sienne. Je me fais un devoir de to his. I feel it my duty to relate
relever les faits suivants, qui me pa- the following facts; which appear to
raissent plus particulièrement dignes me more particularly worthy of the
de l'attention de mes collègues :
attention of my colleagues.
“L'interprétation des prescriptions The interpretation of the pre-
du Firman à l'égard du Séminaire de scriptions of the Firman regarding
Socola, telle que la comprend Mr. de the Seminary of Socola, as Mr. de
Liehmann, produirait la singulière Liehmann understands it, would pro-
anomalie d'exclure des élections du duce the singular anomaly of exclud-
clergé des prêtres revêtus de hautes ing from the elections of the clergy
dignités et remplissant de doubles those priests clothed with high digni-
fonctions tant à la Métropole qu'à ties, and filling the double functions
l'établissement supérieur d'enseigne both in the Metropolis and in the
ment ecclésiastique. Si, par analogie, chief establishment for ecclesiastical
le même principe était appliqué en cducation. If, by analogy, the same
Valachie, à Curtea-d'Arges, par ex- principle were applied in Wallachia,
emple, nous verrions l'Evêque prendre to Curtea-d'Arges, for example, we
seul rang comme député de droit, tan- should see only the Bishop take rank
dis qu'aucun des dignataires attachés as deputy of right, while none of the
à la Métropole ne pourrait faire par- dignitaries attached to the Metropolis
tie du corps électoral ecclésiastique. could form part of the ecclesiastical
L'église, le palais épiscopal, les bâti- electorate.
electorate. The church, the episcopal
ments habités par les fonctionnaires palace, the buildings inhabited by the
métropolitains, sont en dehors de la metropolitan officials are outside the
ville; par conséquent les trois paroisses town; consequently the three insignifi-
insignifiantes qu'elle renferme pren- cant parishes which they enclose
draient seules part aux élections, would alone take part in the elections,
lorsque tous les prêtres exerçant des while all the priests exercising dioce-
MOLDAVIA AND WALLACHIA, 1857
785
fonctions diocésaines s'en trouveraient san functions would find themselves
éliminés. N'ai-je pas, continue Mr. eliminated. Have I not some right,
de Talleyrand, quelque droit de continued M. de Talleyrand, to be
m'étonner de voir en Moldavie la let- astonished at seeing the letter of the
tre du Firman si pieusement respectée, Firman so piously respected in Mol-
lorsqu'elle exclut l'Archimandrite davia, where it excludes the Archi-
Scriban, dont le mérite éminent et la mandrite Scriban, whose merit and
juste popularité ne sauraient être con- just popularity can not be denied, and
testés, et si audacieusement violée, lors- so audaciously violated when it opens
qu'elle ouvre le scrutin aux électeurs the vote to electors suspected of
soupçonnés de sympathies unionistes ? unionist sympathies? Refusal of ad-
Le refus d'admission pour cause d'hy- mission for a hypothetical cause and
pothèque et bien d'autres faits, que je many other facts that I could cite are
pourrais alléguer, sont là pour en there to attest it. Moreover, it is im-
faire foi. Il m'est impossible, en possible for me to keep silence as to
outre, de passer sous silence que le the fact that the Metropolitan com-
Métropolitain se plaint avec fonde- plains with good ground that attacks
ment des atteintes portées à ses droits have been made on his archiepiscopal
archiepiscopaux et des procédés per- rights and the personal acts of the
sonnels du Caïmacam et de ses Mi- Caïmacam and his Ministers. In
nistres. En lisant les pièces officielles reading the official documents an-
annexées à la protestation du Prélat, nexed to the protest of the Prelate one
il faut reconnaître pour le moins que must recognize that the head of the
le Chef de l'Eglise moldave, Prési- Moldavian Church, President of the
dent du futur Divan, avait droit, sans future Divan, had undoubtedly the
doute, à plus d'égards. N'est-on right to more consideration. Is one
pas alors porté à se demander, où aura not then led to ask how far forgetful-
été poussé l'oubli des convenances et ness of the proprieties and respect for
du respect de la liberté dans des pro- liberty may be pushed in proceedings
cédés, qui ne laissent pas de traces which have no written records? And
écrites ? Et la conduite tenue vis-à- does not the conduct pursued towards
vis d'un aussi haut personnage ne a high personage give the measure of
donne-t-elle pas la mesure de ce que that which the Government would
le Gouvernement a dû se permettre à permit itself towards those individu-
l'égard d'individus, que leur obscurité als whose obscurity throws them on
jetait dans sa dépendance? Je tiens, its support? I insist, adds the French
ajoute Mr. le Commissaire de France, Commissioner, on maintaining, final-
à constater en dernier lieu que Mr. ly, that Mr. de Liehmann has not con-
de Liehmann n'a contesté aucun des tested any of the facts brought out in
faits avancés dans les deux protesta- the two Moldavian protests. He has
tions moldaves. Il s'est contenté de contented himself with saying that
786
DOCUMENTS
sur
ses
dire que la source dont elles émanaient the source froin which they came and
et que l'immoralité des moyens em- the immorality of the means employed
ployés par les signataires pour fournir by the signatories to furnish proof
des preuves à l'appui de leurs asser- and support for their assertions re-
tions ôtaient à ses yeux toute valeur moved any validity and authentic
et tout caractère d'authenticité à de character from such information.
semblables informations. Puis, rele- Then, reciting that these two protests
vant que ces deux protestations et que and the majority of the documents
la plupart des pièces envoyées par le sent by the Metropolitan were in one
Métropolitain étaient d'une seule et and the same handwriting, he has es-
même écriture, il a établi une sorte tablished a sort of bond between His
de solidarité entre Son Eminence et Eminence and the signers of the ad-
les signataires des adresses. Je la lui dresses. I maintain on the contrary
oppose à mon tour, commne justifiant that this completely exonerates from
hautement un parti, qui comprend all blame a party which is composed
tant d'hommes honorables du blâme, of so many honorable men that it has.
qu'il n'a pas craint de jeter indistincte- had no fear of casting it indiscrimi-
ment
tous membres. Il nately on all its members. There is
n'était pas besoin de chercher cette no need of seeking for this bond in
solidarité dans la plume d'un copiste the pen of a salaried copyist; it exists
salarié; elle existe dans la conformité in the uniformity of sentiments, in
de sentiments, dans la communauté de the community of suffering under per-
persécutions, dans l'égale réprobation secutions, in the equal reprobation
que les actes du Caïmacam ont sou- which the acts of the Caïmacam have
lévée chez le Métropolitain et chez les inspired both in the Metropolitan and
signataires des deux protestations.” in the signers of the two protests.”
Ensuite, Mr. de Basily s'énonce M. de Basily thereupon made the
ainsi qu'il suit :
following announcement :
"La Commission sait déjà, par ma The Commission already knows
déclaration au 9-ème protocole, qu'il through my declaration in the 9th Pro-
m'est impossible de partager l'avis, que tocol, that it is impossible for me to
Mr. le Commissaire d'Autriche a émis agree with the opinion expressed at
en dernier lieu à l'égard de l'adresse the last session by the Austrian Com-
du Métropolitain de Moldavie. . missioner regarding the address of
the Metropolitan of Moldavia.
Mr. le Baron de Richthofen ad- Baron de Richthofen adheres to
hère à l'opinion émise par Mr. le the opinion expressed by Baron de
Baron de Talleyrand et Mr. de Basily Talleyrand and M. de Basily and adds
et ajoute ce qui suit:
the following:
“ Mr. le Commissaire d'Autriche “ The Austrian Commissioner says
dit que les pétitions des Moldaves that Nos. 2 and 3 of the Moldavian
MOLDAVIA AND WALLACHIA, 1857
787
No. 2 et No. 3 n'ont pas de valeur, petitions are without value as they
attendu qu'elles se basent sur des are based on papers which have been
papiers qui ont été soustraits. Mr. stolen. M. de Liehmann has dis-
de Liehmann s'est dispensé d'ex- pensed with any examination of the
aminer la valeur intrinsèque de ces intrinsic value of these documents, be-
documents, par ce qu'il les considère cause he considers that they have
comme tombés par un moyen si blâ- fallen into the hands of the authors
mable entre les mains des auteurs des of the said petitions by such censur-
dites pétitions.
able means.
“Mr. le Commissaire de Prusse “ The Prussian Commissioner is
ignore complètement, si la supposition absolutely ignorant as to whether the
de Mr. le Commissaire d'Autriche est supposition of the Austrian Commis-
fondée; mais il partage entièrement sioner is well founded; but he wholly
son opinion, que la soustraction de agrees with his opinion that the pur-
papiers est toujours une violation re- loining of papers is always a regret-
grettable de la loi morale. Cepen- table violation of moral law. How-
dant, Mr. de Richthofen ne comprend ever, Mr. de Richthofen does not un-
pas pourquoi l'indignation de Mr. de
derstand why the indignation of Mr.
Liehmann s'est arrêtée là. Celle du
Celle du de Liehmann has stopped at that point.
Commissaire de Prusse va beaucoup That of the Prussian Commissioner
plus loin. Il regrette, avant tout, que goes much farther. He regrets above
sous le voile du secret, qui vient d'être all, that under the veil of secrecy
levé, on puisse constater des influences which has just been raised, it was
occultes, des manæuvres et des en- possible to maintain occult influences
couragements, ayant pour but de dé- as well as machinations and stimuli,
jouer et de fausser les dispositions du having for object the frustration and
Traité de Paris et du Firman impérial, falsification of the provisions of the
ainsi que la recommandation d'une treaty of Paris and of the Imperial
conduite, que le Commissaire de Firman, as well as the recommending
Prusse est peine de devoir considérer of a line of conduct which the Prus-
comme parfaitement illégale, déloyale sian Commissioner is sorry to con-
et, certes, sous le rapport de la mora- sider as absolutely illegal, disloyal,
lité, non moins blâmable qu'une sous- and certainly, as regards morality, no
traction de papiers. Selon lui, la re- less. censurable than the stealing of
sponsabilité doit incomber surtout aux papers. According to him the re-
manoeuvres provocatrices. Comme sponsibility should belong above all to
Mr. de Liehmann — conclut Mr. de the provocative machinations. As
Richthofen — n'a envisagé que la Mr. de Liehmann concludes, Mr. de
forme des pétitions No. 2 et No. 3 et Richthofen has only considered the
n'a pas examiné leur contenu, la con- form of petitions Nos. 2 and 3 and
clusion à laquelle il arrive ne lui paraît has not examined their contents, the
788
DOCUMENTS
pas de nature à invalider la valeur de conclusion at which he arrives does
ces documents."
not appear to him to be of a nature to
invalidate the value of the docu-
ments."
MM. les Commissaires de France The French and Russian Coinmis-
et de Russie "s'associent à ces obser- sioners “ agree with the observations
vations de Mr. le Baron de Richt- of Baron de Richthofen."
hofen.
Protocolul No. 13. Şedinţa din 29
(17) Julie 1857.
Protocol No. 13. Session of July
17/29, 1857.
SIR HENRY BULWER s'énonce ainsi SIR HENRY BULWER makes the fol-
qu'il suit: ...“ Une censure for- lowing statement of his position.
melle, en effet, contre le Prince Caï- "A formal censure of the Prince Caï-
macam de Moldavie ne peut être basée macam of Moldavia can be based at
que sur trois considérations:
present on only three considerations:
"1. A-t-il bien interprété le Firman “1. Has he properly interpreted
de la Porte ?
the Firman of the Porte?
“2. A-t-il bien exécuté le Firman, “ 2. Has he properly executed the
selon l'interprétation qu'il a donnée Firman, according to his own inter-
lui-même à ce document?
pretation of this document?
“3. A-t-il voué l'attention due à “ 3. Has he devoted due attention
la communication de la Porte datée to the communication of the Porte
du 31 Mai et qui lui a été transmise dated May 31 and transmitted to him
par la voie de notre Président?
through our President?
Quant à l'interprétation du Fir- “ As for the interpretation of the
man, il est évident que nous croyons Firman, it is evident that we are all
tous que son interprétation n'est pas of the opinion that his interpretation
la meilleure, puisque la nôtre n'est pas is not the best since it is not the same
la même. Mais avons-nous le droit
as ours. But have we the right to in-
d'interpréter le Firman pour le Prince terpret the Firman for Prince Vogo-
Vogoridès ? Nous avons nous-mêmes rides? We ourselves recognized that
reconnu n'avoir aucun droit d'expli- we had only the right to explain this
quer ce décret, quand nous avons decree, when we referred the doubt-
référé les doutes du Prince Ghica à ful points raised by Prince Ghica to
la Porte et aux Représentants.
the Porte and to the Representa-
tives.
“ Pour blâmer le Prince Vogorides “ To blame Prince Vogorides for
sur son interprétation du Firman, il his interpretation of the Firman, one
.
MOLDAVIA AND WALLACHIA, 1857
789
to us.
nous
faut avoir quelque droit, quelqu'au- must have some right, some authority,
torité, et je ne saurais dans ce mo- and I can not at this moment affirm
ment affirmer qu'un tel droit, une telle that such a right or authority belongs
autorité nous appartiennent.
“Les idées de mes collègues peu-
“ The ideas of my colleagues may
vent éclairer mon jugement, et avant enlighten my judgment and before as-
de les connaître, je ne veux pas émet- certaining them, I do not wish to ex-
tre une opinion définitive.
press my final opinion.
“ Mais il me semble que la conduite “ But it appears to me that the most
la plus pratique et la plus propre à practical and the best way by which
éclairer notre situation sans to throw light on our situation, with-
compromettre serait de signaler, dans out compromising ourselves, is to
notre protocole, qui pourrait être en point out in our protocol, which could
voyé sans délai à Constantinople et à be sent, without delay, to Constanti-
tous les Cabinets:
nople and to all the Cabinets:
"1. Les points principaux dans le “1. The principal points in the
Firman, qui ont été différemment in- Firman, which have been differently
terprétés dans les deux Principautés, interpreted in the two Principalities,
tout en expliquant les motifs qui nous explaining the reasons which have
ont guidés dans notre interprétation. guided us in our interpretation.
“2. Une déclaration
portant “2. A declaration reciting that
qu'après avoir lu une grande quantité after having read a great quantity of
de documents, dont l'intention a été documents, the aim of which has been
d'inculper le Gouvernement du Prince to inculpate the Government of Prince
Vogoridès, nous sommes d'avis que Vogorides, we are of the opinion that
ces documents méritent l'attention de these documents deserve the attention
nos Gouvernements respectifs, ainsi of our respective Governments as well
que celle du Gouvernement de la as that of the Government of the
Porte, mais que nous nous abstenons Porte, but that we abstain from pro-
de prononcer une opinion quelconque bouncing any opinion whatever on an
sur une affaire, qui ne peut que nous affair which can be only imperfectly
être imparfaitement connue, vu que known to us as we are not in the posi-
nous ne sommes pas dans la position, tion either of comparing evidence or
ni de confronter des témoins, ni d'en- of entering into details in a practical
trer pratiquement dans des détails. manner.
Mr. le Baron de Talleyrand "ré- Baron de Talleyrand“ requests im-
clame l'urgence pour une communica- mediate consideration for a communi-
tion, qu'il a à faire à la Commission." cation which he has to make to the
Commission.”
L'urgence ayant été votée, Mr. le Immediate consideration having
790
DOCUMENTS
Commissaire de France s'énonce ainsi been voted, the French Commissioner
qu'il suit: “ Les mesures prépara- makes the following declaration :
toires aux élections de la Moldavie ont
The measures preparatory to the
motivé de ma part un vote de méfiance, election in Moldavia have inspired
dans la séance que la Commission a from me a vote of lack of confidence
tenue le 3 Juin (22 Mai) dernier. at the session of the Commission on
J'y déclarai qu'il ne serait pas con- May 22 (June 3) last. I declared
forme à la dignité du Congrès, dont then that it would not be consonant
nous émanions, d'entrer en rapports with the dignity of the Congress
avec le Divan moldave, qui allait être which we represent, to enter into re-
convoqué sous de tels auspices.
lations with the Moldavian Divan,
which was about to be convoked under
such auspices.
Je me réfère aujourd'hui à tout “I refer today to that which I have
ce que j'ai consigné depuis dans les deposited since then in the subsequent
protocoles suivants, tant pour signaler protocols, as much to point out the
les abus et les illégalités flagrantes qui abuses and flagrant illegalities which
s'accomplissaient en Moldavie, que are going on in Moldavia as to induce
pour engager la Commission à rap- the Commission to recall Prince VO-
peler le Prince Vogoridès au respect gorides to a respect for the Treaty and
du Traité et aux prescriptions du Fir- the provisions of the Firman.
man.
Mes efforts, ainsi que ceux de mes My efforts, as well as those of
collègues de Prusse, de Russie et de
my colleagues of Prussia, Russia and
Sardaigne, n'ont eu aucun succès.
aucun succès. Sardinia, have had no success. The
Les élections de Moldavie sont ter- Moldavian elections were ended three
minées depuis trois jours dans toute days ago throughout the Principality.
la Principauté.
Faites par des moyens illégitimes, “ Conducted by illegal methods,
elles ne peuvent être considérées au- they can not be considered to-day in
jourd'hui que comme dérisoires, puis- any way except as farcical, since the
que la clause du Traité du 30 Mars, à clause of the Treaty of March 30, to
laquelle les populations des Princi- which the populations of the Princi-
pautés devaient attacher le plus de palities should have attached the most
valeur, n'a point été exécutée.
importance, have not been executed.
“Sur l'ordre du Gouvernement de By order of the Government of
l'Empereur, je viens protester for- the Emperor, I now protest formally
mellement contre ces élections, que je against the elections, which I declare
déclare frappées de nullité.
to be null and void.
Par conséquent, je m'opposerai à Consequently I oppose any rela-
tout rapport de la Commission avec tions of the Commission with the As-
MOLDAVIA AND WALLACHIA, 1857
791
l'Assemblée qui pourra être convoquée sembly which could be convoked in
à la suite de ces dites élections, puis- consequence of these said elections,
que je ne saurais reconnaître à cette since I can not recognize in this As-
Assemblée le caractère d'un Divan ad- sembly the character of a Divan ad
hoc tel que le Traité de Paris et le hoc such as the Treaty of Paris and
Firman impérial ont voulu le consti- the Imperial Firman have aimed to
tuer."
establish."
MM. les Commissaires de Prusse, The Prussian, Russian and Sar-
de Russie, et de Sardaigne, “en se dinian Commissioners “referring to
référant à leurs déclarations anté- their former declarations, concur in
rieures, s'associent au nom des Cabi- the name of their respective Cabinets,
nets respectifs, à la protestation ci- in the above protest of the French
dessus de Mr. le Commissaire de Commissioner."
France.”
Protocolul No. 14. Şedinţa din 3
August (22 Iulie) 1857.
Protocol No. 14. Session of July
22/August 3, 1857.
Mr. le Commissaire d'Autriche ex- The Commissioner of Austria
pose:
states :
“ Dans la derniére séance de la “In the last session of the Commis-
Commission, du 29 du mois passé, sion, on the 29th of the past month,
Mr. le Baron de Talleyrand a protesté Baron de Talleyrand protested against
contre les élections faites en Moldavie, the elections held in Moldavia . .
qu'il s'opposera à tout rapport and said that he would oppose any re-
de la Commission avec un Divan ad- lations by the Commission with a Di-
hoc qui pourra être convoqué à la van ad hoc, which might be convened
suite des dites élections.
as a consequence of the said elections.
" MM. les Commissaires de Prusse, “ The Commissioners of Prussia,
de Russie et de Sardaigne se sont as- Russia and Sardinia joined in the pro-
sociés à cette protestation et à la dé- test and in the above declaration.
claration ci-dessus.
“Or, continue Mr. de Liehmann, le “ But, continues Mr. de Liehmann,
Traité de Paris du 30 Mars 1856 et the Treaty of Paris of March 30,
l'instruction du Congrès de Paris, qui 1856, and the instructions of the Con-
se trouve annexée au 22-ème proto- gress of Paris, which are annexed to
cole, déterminent avec précision la the 22nd Protocol, define with pre-
tâche qui a été dévolue à la Commis- cision the task which has devolved
sion et déterminent de la manière la upon the Commission and determines
plus explicite ses attributions.
its power in the most explicit manner.
792
DOCUMENTS
“ Conformément à l'art. 24 du dit “In conformity with Article 24 of
Traité, la tâche de cette Commission the said Treaty, the task of the Com-
n'est une autre que: 'celle de s'en- mission is no other than that of in-
quérir de l'état actuel des Princi- quiring into the present state of the
pautés et de proposer les bases de leur Principalities and of proposing bases
future organisation.'
for their future organization.'
“L'instruction du Congrès déve- “ The instructions of the Congress
loppe cette disposition, en statuant: develop this provision by stating that
que les questions soumises à l'étude de the questions submitted for the study
la Commission embrasseront le sys- of the Commission shall embrace the
tème administratif dans la plus com- administrative system in all its details.
plète expression. Cette instruction These instructions attribute beyond
n'attribue d'ailleurs à la Commission this to the Commission only a con-
que le caractère consultatif et lui dé- sultative character, and moreover, for-
fend, de plus, expressément tout acte bid to it all acts of authority or of in-
d'autorité ou d'ingérence.
terference.
“Considérant que la protestation de Considering that the protest of
MM. les Commissaires ci-dessus men- the Commissioners above mentioned is
tionnés sort évidemment du cercle des an evident departure from the powers
attributions de la Commission, claire- of the Commission, clearly limited in
ment circonscrites par le passage de the passage of Article 24 of the treaty
l'art 24 du Traité cité plus haut: cited above:
"Considérant qu'elle a évidemment “Considering that it clearly deals
trait à des questions, qui ne font nulle- with questions which form no part of
ment partie du système administratif the administrative system of the prin-
des Principautés;
cipalities;
“Considérant qu'elle intervertit “ Considering that it completely re-
complètement la caractère purement verses the purely consultative charac-
consultatif de la Commission;
ter of the Commission;
Considérant enfin qu'elle est évi- Considering, finally, that it is
demment un acte d'autorité et d'ingé- clearly an act of authority and of in-
rence;
terference;
“Mr. Liehmann déclare, que MM. "M. Liehmann declares that the
les Commissaires de France, de Commissioners of France, Prussia,
Prusse, de Russie et de Sardaigne ont, Russia and Sardinia in entering in the
en donnant au protocole la protesta- protocol the protest in question have
tion en question, agi en contradiction acted in manifest contradiction to the
manifeste avec les dispositions pré- provisions cited above of the Treaty
citées du Traité de Paris et les instruc- of Paris and the instructions of the
tions du Congrès, et cela à d'autant Congress, and all the more so that, ,
plus forte raison que, conformément according to the protocol of the first
66
MOLDAVIA AND WALLACHIA, 1857
793
au protocole de la 1-ère séance de la session of the Commission, all the
Commission, tous les Commissaires Commissioners ‘have refrained from
se sont désistés de tout droit de se all right of availing themselves of par-
prévaloir des instructions particu- ticular instructions to each, which
lières à chacun d'eux, qui seraient en should be contrary to the general in-
désacord avec l'instruction générale structions of the Congress.
du Congrès.
“Mr. le Commissaire d'Autriche The Austrian Commissioner pro-
proteste, par conséquent, au nom de tests, in consequence, in the name of
son Gouvernement et de la manière his government and in the most for-
la plus formelle, contre le procédé sus- mal manner, against the above men-
mentionné de MM. les Commissaires tioned conduct of the Commissioners
de France, de Prusse, de Russie et de of France, Prussia, Russia and Sar-
Sardaigne.
dinia.
“Mr. de Liehmann soumet ensuite Mr. de Liehmann thereupon sub-
à la Commission la Gazette de Mol- mits to the Commission the Gazette de
davie No. 34, contenant la liste des Moldavia No. 34, containing the list
élections qui y ont été faites dans la of the elections which have been held
classe des grande propriétaires, et il there in the class of large land owners,
ajoute que, quoi qu'on en dise de ces and he adds that, whatever may be
élections, leur résultat pourtant ne said of these elections, their result can
saurait être qualifié autrement que nevertheless only be described as sat-
comme satisfaisant, attendu que la isfactory, as the list above mentioned
liste ci-dessus fait foi que, sauf la proves that, except in the class of
classe des grands propriétaires, les large land owners, the persons belong-
personnes appartenant aux toutes pre- ing to all the leading and the richest
mières et aux plus riches familles du families of the country, or those who
pays ou qui, par leur mérite personnel, by personal merit have acquired a high
y ont acquis une position élevée, for- position there, form the great major-
ment la très grande majorité des élus ity of those elected and that, as in the
et que, de même dans les autres classes, other classes, the best part of each
les sommités dans chacune d'elles ont class has been called to represent the
été appelées à représenter le pays dans country in the Divan ad hoc.
le Divan ad-hoc.
MM. les Commissaires des France, The Commissioners of France,
de Prusse, de Russie et de Sardaigne, Prussia, Russia and Sardinia “de-
“ déclarent qu'ils ont protesté par clare that they have protested by order
crdre de leurs Cabinets respectifs of their respective Cabinets against
contre les illégalités commises the illegalities committed in Moldavia
en
794
DOCUMENTS
Moldavie dans la convocation du Di- in the convocation of the Divan as
van stipulé par le Traité de Paris. stipulated by the Treaty of Paris.
La contre-protestation de Mr. le Com- The counter protest of the Austrian
missaire d'Autriche ne s'applique pas Commissioner does not apply to the
à l'acte des Commissaires eux-mêmes, act of the Commissioners themselves,
mais elle remonte aux ordres supé- but it refers back to the superior or-
rieurs de Cabinets. En présence d'une ders of the respective Cabinets. In
protestation de cette nature, ajoutent the face of a protest of this nature,
MM. les Commissaires de France, de add the Commissioners of France,
Prusse, de Russie et de Sardaigne, Prussia, Russia, and Sardinia, we
nous nous abstenons de justifier notre refrain from justifying our procedure
procédé et de relever ce qu'il y a d'in- and from touching upon the inexacti-
exact et d'erroné dans l'argumenta- tudes and errors in the argument of
tion de Mr. de Liehmann, en nous ré- Mr. de Liehmann, referring the mat-
férant à nos Cabinets respectifs. Mais ters to our respective Cabinets. But
en attendant la solution, nous croyons while awaiting the solution, we con-
de la dignité des Gouvernements que sider it imperative for the dignity of
nous représentons de ne plus prendre the Governments which we represent
part à des séances, dans lesquelles on to no longer take part in sessions in
a voulu mettre en question, non plus which it has been deemed proper to
notre conduite personnelle, mais la question not only our personal con-
rectitude des procédés de nos Cabinets duct but the integrity of the procedure
respectifs."
of our respective Cabinets.'”
Mr. de Liehmann demande à Mr. de Liehmann "asks the four
MM. les quatre Commissaires précités Commissioners
Commissioners aforesaid whether
s'ils agissent sur les ordres de leurs they are acting by order of their Gov-
Gouvernements, en déclarant ne poų- ernments, in declaring that they can
voir plus assister à aucune séance de la not take part in any session of the
Commission jusqu'à ce que la ques- Commission until the question under
tion en instance ait reçu une solution discussion has received a solution on
de la part de leurs Cabinets."
the part of their Cabinets."
MM. les Commissaires de France, The Commissioners of France,
de Prusse, de Russie et de Sardaigne, Prussia, Russia and Sardinia reply
répliquent “ Que devant une déclara- that in face of a declaration as posi-
tion aussi positive que la leur, ils ne se tive as theirs they do not consider
croient par tenus d'entrer dans ces themselves bound to enter into further
explications ultérieures.''
explanations.'
MOLDAVIA AND WALLACHIA, 1857
795
Protocolul No. 17. Şedinţa din 22 Protocol No. 17. Session of Sep-
(10) Septembrie 1857.
ber 10/22, 1857.
Reprenant la déliberation qui fait Resuming the debate, which was
l'objet du dernier protocole, la Com- the subject of the last protocol, the
mission exprime l'avis que Mr. le Commission expressed the opinion
Président actuel, ainsi que Mr. le that the President in office as well as
Commissaire de la Grande Bretagne, the British Commission, who had
qui tous les deux n'ont pas encore neither of them yet visited Moldavia,
visité la Moldavie, se rendent à Jassy, should repair to Jassy in order to
afin de s'entendre sur les rélations à agree on the relations to be established
établir entre la Commission et le betweeen the Commission and the Di-
Divan.
En conséquence, MM. les Commis- Consequently, the British and Rus-
saires de la Grande Bretagne et de sian Commissioners will repair to
Russie se rendront à Jassy dans le Jassy with as little delay as possible.
plus bref délai.
van.
Protocolul No. 19. Şedinţa din 14
(2) Octombrie 1857.
Protocol No. 19. Session of
October 2/14, 1857.
Mr. de Liehmann “ appelle l'atten- Mr. de Liehmann “calls the, atten-
tion de MM. ses collègues sur la cir- tion of his colleagues to the circum-
constance, que le mandat impératif stance that the imperative mandate
émané des comités soi-disant na- issued by the so called National Com-
tionaux a été employé dans les deux mittees has been employed in both the
Principautés; que ce mandat a exercé Principalities; that this mandate has
une grande influence sur les élections exercised a great influence on the elec-
et qu'il pourrait également compro-
tions and that it may also compromise
mettre la liberté du vote dans les the freedom of
the freedom of the vote in the
Divans."
Divans."
Mr. le Commissaire de Turquie The Turkish Commissioner
"s'associe entièrement à l'observation
agrees entirely with the observations
de Mr. de Liehmann."
of Mr. de Liehmann."
Mr. le Baron de. Richthofen fait Baron de Richthofen observes
observer, “que l'opinion de la Com- " that the opinion of the Commission
mission sur le mandat impératif est on the imperative mandate agrees with
conforme à celle que MM. les Com- that expressed by the British and Rus-
missaires de la Grande Bretagne et sian Commissioners at Jassy. This
de Russie ont émise à ce sujet à opinion relates to the interpretation of
796
DOCUMENTS
Jassy. Cette opinion se rapporte à the mandate which the deputies may
l'interprétation du mandat, que les have received from their electors.
députés pourraient avoir reçu de leurs For the rest the imperative mandate
électeurs. Du reste, le mandat im- should not in any way limit the depu-
pératif ne doit limiter d'aucune ma- ties in the fulfilment of the duties im-
nière les députés dans l'accomplisse- posed on them by the Firman."
ment des devoirs, que le Firman im-
périal leur impose."
Mr. le Baron de Talleyrand “s'as- Baron de Talleyrand “agrees with
socie à l'observation faite par Mr. le the observation made by the Prussian
Commissaire de Prusse.
Commissioner.''
Sir Henry Bulwer et Mr. de Ba- Sir Henry Bulwer and Mr. de Ba-
sily répliquent, “que l'observation de sily reply "that the observation of
Mr. le Baron de Richthofen exprime, Baron de Richthofen expresses in a
d'une manière qui ne peut être qu'a- manner which can not fail to be agree-
gréable aux Commissaires susmen- able to the above mentioned Commis-
tionnés, l'opinion générale de tous sioners, the general opinion of all their
leurs collègues sur la question soule- colleagues on the question raised by
vée par Mr. de Liehmann," et Mr. le Mr. de Liehmann," and the British
Commissaire britannique ajoute en- Commissioner adds "that the subse-
core, que la conduite ultérieure des
quent conduct of the Divans will en-
Divans mettra la Commission à même able the Commission to form its opin-
de se former un jugement sur l'effet ion as to the effect of the imperative
du mandat impératif."
mandate."
Protocolul No. 21. Şedinţele din 29
(17) Octombrie și 4 Noembrie
(23 Octombrie) 1857.
Protocol No. 21. Sessions of Octo-
ber 17/29 and October 23/
November 4, 1857.
a
Sir Henry Bulwer soumet à la Sir Henry Bulwer presents to
Commission les lettres, qu'il the Commission the letters which he
échangées avec les Caïmacams et les has exchanged with the Caïmacams
Présidents des Divans, dans le but de and the Presidents of the Divans, for
l'établissement d'un service de poste the purpose of establishing a regular
régulier entre Bucarest et Jassy et afin postal service between Bucharest and
que les procès-verbaux des séances, Jassy and in order that the official re-
ainsi que les Règlements intérieurs des ports of the sessions, as well as the
deux Assemblées, soient sans retard rules of procedure of the two As-
communiqués à la Commission. .. semblies should be communicated to
the Commission without delay. ...
MOLDAVIA AND WALLACHIA, 1857
797
" Mr. de Liehmann soumet ensuite Mr. de Liehmann then presents
à la Commission la liste des per- to the Commission the list of persons
sonnes, qui forment la commission du who form the aforementioned Com- .
Divan susmentionnée et fait observer mission of the Divan and observes
que, parmi ses 9 membres, il ne s'en that, among the 9 members, there are
trouve pas moins de 7 qui ont joué un no fewer than 7 who have played a
rôle saillant dans la révolution de prominent part in the Revolution of
1848.
1848 ..
Mr. le Baron de Richthofen Baron de Richthofen presents
í soumet à l'appréciation de ses col- for the consideration of his col-
lègues que, par la déclaration circon- leagues the fact that by means of the
stanciée que Mr. de Liehmann vient de detailed declaration just made by Mr.
faire, la Commission sera involontaire- de Liehmann, the Commission will
ment engagée de nouveau dans l'an- again be led involuntarily into the old
cienne voie de la longueur et de la pro- road of tediousness and prolixity of
lixité des protocoles, laquelle n'a pas the protocols, which has not met with
rencontré l'approbation générale. general approbation. Passing to the
Passant au fond de l'exposé de Mr. de end of the argument of Mr. de Lieh-
Liehmann, Mr. le Commissaire de mann, the Prussian Commissioner re-
Prusse invite à plusieurs reprises son peatedly requests his honorable col-
honorable collègue d'Autriche à ne pas league not to provoke discussion on
provoquer la discussion sur la question the questions of the exiles.”
des exiles.”
Mr. de Liehmann ayant insisté Mr. de Liehmann having insisted
pour que sa déclaration fut textuelle- that the text of his declaration be in-
ment insérée au protocole, Mr. le serted in the protocol, the Russian
Commissaire de Russie expose de son Commissioner makes the following
côté ce qui suit:
statement:
“Il n'est pas dans nos attributions “ It is not one of our functions to
de scruter les noms qui figurent dans examine the names which figure in
le bureau et dans les commissions nom- the Bureau and in the commission
mées par le Divan. Je doute aussi named by the Divan. . I doubt also
qu'il soit conforme à la dignité de la whether it is suitable to the dignity
Commission internationale de scruter of the International Commission to
les antécédents des individus, qui font examine the antecedents of the indi-
partie du Divan, et d'en tirer des in- viduals who form a part of the Di-
ductions sur les tendances de ce corps. van and to draw from them con-
Nous le jugerons d'après ses actes. A clusions as to the tendencies of that
798
DOCUMENTS
nos yeux, le Divan est le légitime or-
gane des væux du pays.
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.
•
Protocolul No. 22. Şedinţa din 14
(2) Noembrie 1857.
Protocol No. 22. Session of Novem-
ber 2/14, 1857.
Lecture est donnée des procès-ver- There were then read the official
baux 1, 2, 3, 4, 5, 6, 7, 8 et 9 du minutes of Sessions 1, 2, 3, 4, 5, 6, 7,
Divan de Moldavie, des procès-ver- 8, and 9 of the Divan of Moldavia,
baux 1, 2, 3, 4, 5, 6 et 7 du Divan de the minutes of the Sessions 1, 2, 3,
Valachie et du Règlement intérieur de 4, 5, 6, and 7 of the Divan of Wall-
cette dernière Assemblée. .
achia and the rules of procedure of
the latter Assembly.
Au procès-verbal No. 7 du Divan To the minutes of the Divan of
de Moldavie est jointe une adresse de Moldavia is appended an address of
remercîments, votée par le Divan de thanks, voted by the Divan of that
cette Principauté aux hautes Puis- Principality to the High Powers sig-
sances signataires du Traité
du Traité de natory to the Treaty of Paris. . . .
Paris.
Après quoi, Safvet Effendi s'ex-
Thereupon Safvet Effendi ex-
prime dans les termes suivants: pressed himself in the following
“ Tout en constatant aujourd'hui avec terms: “While verifying today, with
mes honorables collègues les veux
my honorable colleagues, the wishes
émis par les Divans ad-hoc de Mol- expressed by the Divans ad hoc of
davie et de Valachie concernant Moldavia and of Wallachia concern-
l'Union de ces deux provinces sous la ing the Union of these two provinces
dénomination de: Roumanie,' un under the title of 'Roumania,' a for-
Prince étranger appartenant à une des eign prince belonging to one of the
familles régnantes de l'Europe, avec reigning families of Europe with the
le droit d'hérédité dans sa dynastie, right of heredity for his dynasty,
l'autonomie, le Gouvernement consti- autonomy, constitutional government
tutionnel et la garantie collective des and the collective guarantee of the
Puissances signataires du Traité de Powers signatory to the Treaty of
Paris, je réserve à la S. Porte, à la Paris, I reserve for the Sublime
suite d'un ordre de mon Gouverne- Porte, in accordance with the order
ment, de discuter et de combattre au of my Government, to discuss and to
sein du Congrès de Paris ceux des oppose before the Congress of Paris
vaux susmentionnés, qu'elle considère which it considers as infringing on
MOLDAVIA AND WALLACHIA, 1857
799
comme attentatoires à ses droits in- those of the aforementioned wishes
contestables et aux vrais intérêts des its incontestable rights and the true
dites Principautés.
interests of the Principalities.
“ Je réclame enfin l'insertion tex- "I demand insertion of the text
tuelle de ma présente déclaration au of my present declaration in the pro-
protocole de la séance d'aujourd'hui.” tocol of to-day's session.”
Mr. le Commissaire d'Autriche The Austrian Comniissioner de-
déclare, “ qu'il n'hésite pas à constater clares
clares “ that he does not hesitate
que le principe énoncé à l'égard de to maintain that the principle enun-
l'Union politique des Principautés, ciated with regard to the political
dans la réserve ci-dessus, donnée au Union of the Principalities, with the
protocole par Mr. le Commissaire above reservation, inserted in the
ottoman à la suite d'un ordre spécial protocol by the Ottoman Commis-
de la Sublime Porte, est en parfaite sioner according to a special order of
harmonie avec le point de vue auquel the Sublime Porte, is in perfect har-
la Cour Impériale d'Autriche envisage mony with the point of view from
cette question."
which the Imperial Court of Austria
regards this question.'
MM. les Commissaires de France, The Commissioners of France,
de Prusse, de Russie et de Sardaigne, Prussia, Russia and Sardinia “con-
“considérant qu'il n'est pas de leur sidering that it is beyond their
compétence d'approuver ou désaprou- competence to approve or disapprove
ver une déclaration faite par ordre of a declaration made by the special
spécial d'une des hautes Cours sig- order of one of the High Contract-
nataires du Traité du 30 Mars, se bor- ing Courts, signatory to the Treaty
nent à réserver à leurs Cabinets dans of March 30, limit themselves to re-
la Conférence de Paris la discussion serving to their Cabinets in the Con-
pleine et entière des voeux politiques ference of Paris the full and complete
émis par les Divans de Valachie et de discussion of the political desires ex-
Moldavie."
pressed by the Divans of Wallachia
and of Moldavia."
Protocolul No. 25. Sedința din 21 Protocol No. 25, Session of Novem-
(9) Noembrie 1857.
ber 9, 1857.
Sir Henry Bulzver, revenant aux Sir Henry Bulwer, recurring to
observations déjà présentées par lui the observations already presented by
sur les élections moldaves, émet l'avis him as to the Moldavian elections,
suivant : Quand mes collègues sont expresses the following opinion ::
revenus de Jassy, il y a quelques mois, " When my colleagues returned from :
800
DOCUMENTS
quelques-uns d'entre eux ont appelé Jassy, some months ago, some of
notre attention sur ce qui se passait them called our attention to what had
alors dans la Moldavie à l'égard des passed in Moldavia in regard to the
élections.
elections.
"Je n'ai pas manqué, lors de ma ré- “At the time of my recent visit to
cente visite dans la Principauté voi- the neighboring Principality I did not
sine, d'acquérir moi-même des infor- neglect to collect information as to
mations tant sur les premières que sur the first as well as second elections.
les secondes élections.
as my silence might lead to
comme mon silence peut don- erroneous impressions I think it my
ner lieu à des interprétations erronées, duty, after the investigations I have
je crois de mon devoir, d'après les in- just made, to declare that, while con-
vestigations que je viens de faire, de tinuing to hold my former opinion,
déclarer que, tout en soutenant mon namely that there were exaggerations
ancienne opinion, qu'il y avait de in the complaints which came to us
l'exagération dans les plaintes qui nous concerning the first elections, I am
sont parvenues à l'égard des premières also convinced that there was truth at
élections, je me suis aussi convaincu the bottom of some of those com-
qui'l y avait de la verité au fond de plaints and that, in the last elections
plusieurs de ces plaintes et que, dans there were also very regrettable irreg-
les dernières élections, il y avait aussi ularities.
des irrégularités fort regrettables.
Or, demander de nouvelles
But, to demand new elections
élections serait non seulement susciter would be not only to incur new delays
de nouveaux délais, mais susciter aussi but to incur also new discussions
de nouvelles dissensions entre les Puis- among the Powers, since there are
sances, puisqu'il y en a qui croient que some of them who believe that the
la Commission pourrait émettre un Commission could express such a
pareil vau, tandis qu'il y en a d'au- wish while there are others who
tres qui soutiennent que la Commis- maintain that the Commission has
sion n'a nullement ce pouvoir. En not this power. Moreover, if we
outre, si nous devions rester à Buca- should remain at Bucharest until
rest jusqu'à ce qu'il y ait des élections there were elections in Moldavia and
en Moldavie et en Valachie, qui ne in Wallachia which would not give
donnent pas sujet à de grands abus ou rise to great abuses or at least to
du moins à de grandes plaintes, notre great complaints, our sojourn in this
séjour dans ce pays serait, je le crains, country would, I believe, be prolonged.
prolongé jusqu'aux limites de la vie
up to the limit of human life.
humaine.
MOLDAVIA AND WALLACHIA, 1857
801
Mr. le Baron de Talleyrand dé- Baron de Talleyrand wishes to
sire constater le fait, que sur un state the fact that in an electorate
corps électoral comptant environ 140,- numbering almost 140,000 persons
000 personnes, il n'y a eu que 57 indi- there are only 57 individuals who,
vidus qui, soit directement soit indi- either directly or indirectly, have
rectement, ont fait parvenir à la Com- caused complaints to be brought to
mission des plaintes au sujet des se- the Commission on the subject of the
condes élections moldaves et que, second Moldavian elections, and that
parmi ce dernier nombre, il se trouvait among the latter are two Ministers
deux Ministres récemment destitués.” recently dismissed.
Mr. de Basily observe, “que tout M. de Basily observes “ that in
en constatant de nouveau que les pre- again maintaining that the first elec-
mières élections en Moldavie furent tions in Moldavia were entirely il-
entièrement illégales, il ne saurait legal, one could not maintain that the
soutenir cependant que les dernières last election had been perfectly regu-
élections eussent été parfaitement lar.
régulières."
Mr. le Baron de Richthofen“ s'as- Baron de Richthofen agrees
socie aux avis de MM. le Baron de with the opinion of Baron de Talley-
Talleyrand et de Basily, en pensant, rand and Mr. de Basily while of the
avec Sir Henry Bulwer, qu'il ne sau- same opinion as Sir Henry Bulwer
rait être d'aucune utilité pratique de that there could be no practical utility
s'occuper davantage de la question in further consideration of the ques-
des élections moldaves.
tion of the Moldavian elections...
.
Protocolul No. 34. Ședința din 4 Protocol No. 34. Session of De-
Ianuarie 1858 (23 Decembrie cember 23, 1857/January 4, 1858.
1857).
M. le Président soumet à la Com- The President submits to the
mission une dépêche télégraphique du Commission a telegraphic dispatch
Président du Divan moldave, en date from the President of the Moldavian
du 3 Janvier — n. s.- dont suit le Divan, dated January 3, n. s., the text
texte :
of which follows:
“ J'ai l'honneur d'annoncer à Votre “I have the honor to announce to
Excellence, qu'aujourd'hui même le your Excellency that on this very
Divan ad-hoc de Moldavie a prononcé day the Divan ad hoc of Wallachia
la clôture de ses travaux par un vote has pronounced the termination of its
de remercîments envers les hautes labors by a vote of thanks to the high
Puissances se déclarant toutefois prê Powers, declaring itself always
802
DOCUMENTS
à se réunir de nouveau, dans le cas où ready to reassemble, in case there
il aurait à répondre à de nouvelles should be need of answer to their
communications que lui adresserait la communications addressed to it by
Commission internationale.”
the International Commission."
Safvet Effendi demande, “que la Safvet Effendi demands" that the
Commission se prononce d'urgence Commission pass a vote of urgent
sur l'opportunité de la dissolution du
necessity as to the expediency of the
Divan de Moldavie."
dissolution of the Divan of Mol-
davia.”
MM. les Commissaires déclarent, The Commissioners declare " That
qu'aussitôt qu'ils auront reçu les as soon as they shall have received
actes complets du Divan moldave, ils
the complete acts of the Moldavian
s'empresseront de se prononcer sur ce Divan, they will hasten to make a
sujet.”
pronouncement on this subject.”
Se référant à la résolution prise Referring to the resolution taken
dans la dernière séance, Mr. le Prési- in the last session the President “in-
dent" invite MM. ses collègues à s'en- vites his colleagues to agree as to the
tendre sur la marche à adopter pour method to be adopted by the Commis-
commencer les études de la Commis-
sion for beginning on the studies of
sion sur les questions d'administration
the questions of the internal admin-
intérieure en Valachie et, à ce propos, istration of Wallachia and for this
il donne lecture du passage de l'in- purpose he reads a passage of the in-
struction du Congrès qui a trait à ces structions of the Congress which
questions."
deals with the questions."
La Commission décide de traiter The Commission decides to take up
dans une prochaine séance la question in the next session the judicial and
judiciaire et la question militaire, sur military questions, on which it has
lesquelles elle a pu compléter ses in- been able to complete its information.
formations.
Address of the Moldavian Patriots to the European Commission at Bucharest,
Protesting against the Electoral Lists published by the Caimacam, June
8/20, 18571
Escelențelor sale, d-lor membrii ai To Their Excellencies, the Mem-
înaltei Comisii europene pentru re-
bers of the High International Com-
organisația Principatelor, adunată în mission for the Reorganization of the
Bucuresc.
Principalities, at Bucharest.
1 Acte si documente, renascerei Romaniei, vol. 4, p. 904.
MOLDAVIA AND WALLACHIA, 1857
803
Intr'adevěr, fără a vorbi aici de me- Without speaking here of the im-
tehnele firmanului, de înlăturarea cu perfections of the firman, of its ex-
care el lovesce pe mai multe clase de clusion of several classes of inhabi-
locuitori, de mărginirile și greutățile tants, of the restrictions and difficul-
de aplicații ce se găsesc în el la tot ties of application met in every line,
rîndul; poate cine-va sprijini oare că can it be maintained that the electoral
listele de acum publicate sunt măcar lists just published are even in accord-
conforme cu disposițiile firmanului, ance with the clauses of the firman,
dacă nu cu stipulațiile Tratatului de if not of those of the Treaty of Paris ?
Paris ?
Din douě miſ de proprietari mari, Out of the two thousand great pro-
cunoscuți în Moldova, numai trei sute prietors recognized in Moldavia, only
cinci-deci alegětori figurează în liste three hundred and fifty electors figure
și din douě-deci de mii proprietari on the lists and, out of twenty thou-
mici, numai douě miſ douě sute şase- sand small proprietors, only two thou-
deci și patru de alegětori de gradul sand two hundred and sixty-four have
ântâiŭ sunt cuprinși în ele. Clasa been included as electors of the first
profesiilor liberale întreagă este rep- degree. The whole class of the lib-
resentată numai de un-spre-dece ale- eral professions is represented by
gětorĩ și cele cincî-spre-dece têrguri, eleven electors and the fifteeen thou-
residente ţinutale din ţará, înfățișează sand citizens in the cities, headquar-
numai una mie şapte sute opt-deci și ters of the districts of the Principal-
opt de alegětorì, proprietari de case, ity, include only 1,788 electors who
neguţători și meşteri, când, chiar în are householders, merchants and arti-
tablele visterieſ, figurează douě-spre- sans, while on the lists of contribu-
dece miỉ neguţători și meșterị, afară tions to the Department of the Treas-
de acei ce sunt pe pămîntul dat Mol- ury alone there figure twelve thousand
dovei din Basarabia.
merchants and artisans, not counting
those of the newly acquired territory
of Moldavian Bessarabia.
Chiar acei dintre noi pe carî guver- Those among us whom the govern-
nul 'ſ a înscris în liste, saŭ de frica ment has entered on the lists, either
unui scandal prea răsunětor, saŭ mai through fear of too open a scandal,
bine ca o bătae de joc mai mult pentru or rather as one more mockery at
alegětoriỉ cei maſ numeroşi pe carì ’i-a those even more numerous who are
înlăturat, nu primesc această favoare excluded, do not accept this illusory
amăgitoare, și refusă a lua parte la favor and refuse a cooperation, which
804
DOCUMENTS
alegerile de cari sunt amenințați, fiind would be merely complicity, in the
că împărtăşirea lor ar fi o complici- elections which confront us.
tate.
In fața țărei noastre și a Europei Before our country and before Eu-
care, curend saŭ mai târdiŭ, ne va da rope, which sooner or later will give
dreptate, venim dar cu solemnitate a us justice, we hereby solemnly declare
declara că:
that:
Fiind-că s'a depărtat cu grămada o Considering the exclusion en masse
mare majoritate de alegětorį, sub deo- which has been exercised against the
sebite deșarte cuvinte, precum de great majority of electors;
vêrstă, de indigenat, de nedespărțire
de moşii etc.;
Fiind-că firmanul s’a călcat, prin Considering that the firman has
înfiinţarea de a dreptul a douï depu- been violated by the institution of two
tați ai clasei clerului în persoanele deputies de jure for the clergy of the
stariților monăstirilor Neamțul și Vo- abbeys of Neamtzo and Vorona,
rona;
Fiind-că cea mai mică ipotecă este Considering that the least mortgage
privită ca un cuvînt de înlăturare, is considered as a reason for exclu-
chiar și atunci când valoarea moşieſ sion, even when the value of the land
ar întrece îndoit și întreit suma ipo- far exceeds the amount of the mort-
teceĩ, de vreme ce, după firman, gage, while, according to the firman,
numai trei sute de fălci se cer a fi only 300 faltches of land need be free
libere de o asemenea sarcină;
from such a lien;
Fiind-că bărbaţii s'aŭ lipsit de a Considering that the right of the
representa averea de zestre, măcar că husband to represent the dowry has
firmanul nu coprinde nici o mărginire been taken away, although the firman
în această privire;
contains no such exclusion on this
point;
Fiind-că prerogativa ce caïmacamul Considering that the prerogative
arbitrar 'și-a însuşit de a da ranguri which the Caimacam has arbitrarily
militare şi titlurî de boerie, iſ slujesce assumed of conferring military rank
ca mijloc spre a îmmulți numěrul ale- and title of boyard, aids him in creat-
gětorilor credincioși în clasa marilor ing devoted electors among the large
proprietari, precum şi ca mijloc de proprietors, and is as well a means of
corupție;
corruption;
Fiind-că profesiile liberale s'aŭ în- Considering that the liberal pro-
lăturat într'un chip sistematic;
fessions have been systematically ex-
cluded;
Fiind-că numai micul număr de 310 Considering that the small number
alegětori de abia recunoscuți pentru of three hundred and ten electors, rec-
MOLDAVIA AND WALLACHIA, 1857
805
capitală a căreia populaţie se sue peste ognized in the city of Jassy, whose
opt-deci de mii de suflete, puşi în ală- population amounts to above eighty
turare cu numěrul de 131 de alegători thousand, compared with the one hun-
aſ têrgului Huşi, care n’are nici măcar dred and thirty-one electors of the city
8,000 locuitori dovedesce îndestul of Houschi, which contains not even
părtinirea şi sistemul de înlăturare ce eight hundred souls, sufficiently
aŭ predomnit la facerea listelor; proves by itself the partiality and
methods of exclusion which have pre-
sided over the manufacture of the
lists.
Fiind-că Galaţii, al doilea oraş al Considering that Galatz, the second
Principatelor și care, după înseși lis- city of the Principality and, even ac-
tele guvernului, are 227 de alegětori, cording to the lists of the government,
s'a desbrăcat de dritul de a alege doi possessing 227 electors, has been de-
deputați și aceasta în favorarea Foc- prived of its right to elect two depu-
șanilor care, după însuși aceste liste ties, in favor of Fokshani which, ac-
nu numěră de cât 92 de alegětorị, și cording to these same lists, contains
că, prin urmare, firmanul s’a călcat only 92 electors and that, conse-
prin strămutarea rîndului orașelor; quently, the firman has been violated
by the inversion of the order of the
cities;
Fiind-că, prin měsura arbitrarelor Considering that, by means of re-
depărtări din slujbe, pusă de curend cent arbitrary removals several pro-
în lucrare, și mulți profesorĩ s'aŭ fessors have been deprived of their
lipsit de dritul lor de alegětorị ; rights as electors;
Fiind-că alegětorii oraşelor de re- Considering that the municipal
ligia armenească și cari pururea aŭ electors belonging to the Armenian
luat parte la alegerile municipale, s'aŭ church, and who have always taken
înlăturat din liste în contra firmanului, part in the municipal elections, have
care primesce ca alegětori, în repre- been excluded from the lists, contrary
sentația oraşelor, pe toți alegětoriĩ to the firman which admits as electors
corpurilor municipale;
in the representation of the cities, all
the electors of the municipal body;
Fiind-că un numěr de alegětorĩ în- Considering that certain electors en-
scriși în liste, cari aŭ proprietăţi în tered on the lists and possessing prop-
mai multe locurì, sunt trecuţi ca ale- erty in several localities have been
gětorĩ și eligibili numaſ în ținuturile entered as electors eligible only in the
acele unde încunjurările de a fi aleşi districts where the chance of being
nu se pare a le fi favorabile;
elected does not appear to be favor-
able for them;
Fiind-că un mare număr de pro- Considering that a great number of
806
DOCUMENTS
prietari de case s'aŭ scos din liste, pen- householders have been excluded from
tru că binalele lor s'aŭ prețuiț arbitrar the lists because their property has
de către municipalități mai jos de va- been valued arbitrarily by the muni-
loarea lor reală, și sub pretext de ipo- cipal official below their real value,
tecă, în contra textului firmanului; and under the pretext of mortgage,
contrary to the firman.;
Fiind-că toți funcţionarii chemați, Considering that the members of
după firman, a forma comitele de re- the committees of revision have all
clamație s'aŭ schimbat;
been changed;
Fiind-că, chiar înaintea publicației Considering that even before the
listelor, în clasa ţăranilor, s'aŭ făcut publication of the lists several elec-
mai multe alegeri în clasa de gradul I tions in the peasant class have been
și de gradul al II, prin mijlocul unor held, for the first and second degrees,
isvoade electorale în care locul nume- by means of ballots with the places
lui aleșilor a rěmas alb;
for the names of delegates left blank;
Fiind-că acei trei delegață, prin care Considering that the three members
fie-ce corporație are a fi representată by which each guild ought to be rep-
la alegerị, s'aŭ impus maſ 'nainte, resented at the elections have been
fără a se fi făcut alegerea lor prin dictated in advance without their hav-
dare de glasuri, și fară nici o publi- ing been elected by means of ballot,
cație;
and without previous notice;
Fiind că cea mai mare parte dintre Considering that the greater part
starostii corporațiilor s'a schimbat cu of the heads of guilds have been
câte-va dile înaintea publicației lis- changed some days before the publi-
telor, şi că mai marele staroste al ne- cation of the lists and that the chief
guțătorilor din Iași s'a înlocuit prin provost of the merchants of Jassy has
un funcționar, numit d’a dreptul de been replaced by an official direct from
the government;
Fiind-că preoţiĩ, diaconii, dascălii Considering that the priests, the
de biserică și scriitoriſ satelor, şi prin deacons, the choristers and the scribes
urmare partea cea mai luminată a in the country districts, and, conse-
populaţiei sătești, s'aŭ lipsit de dritul quently, the most enlightened part of
de alegere în clasa locuitorilor ţăranî; the rural population, have been de-
prived of their right of electors in the
class of peasants;
Fiind-că adunările alegětorilor sunt Considering that the electoral col-
puse sub presidenția ispravnicilor, în leges are placed under the presidency
contra firmanului și a art. 9 și 10 din of the prefects, contrary to the firman
regulamentul organic;
and to articles 9 and 10 of the Or-
ganic Act;
Fiind-că, afară de gazeta guvernu- Considering that, with the excep-
către guvern;
MOLDAVIA AND WALLACHIA, 1857
807
luï, închinată păstrăriĩ statului-quo, tion of the government gazette, de-
toate jurnalele, chiar sub condiția de a voted to the maintenance of the status
fi censurate, sunt oprite; că profesiile quo, all the newspapers, even under
de credință nu sunt învoite, că dritul the censorship, are forbidden, that
de a ne aduna ni-s'a contestat; că, în professions of faith are prohibited,
sfîrșit, suntem lipsită de toate mij- that our right of public meeting is
loacele neapărate spre a ne putea lu- opposed, that, finally, we are deprived
mina și pregăti pentru actul cel mai of all the suitable means for inform-
mare în viața unei naţii, adică pentru ing ourselves and preparing ourselves
alegerea deputaților săi ;
for the exercise of that most impor-
tant act in the life of a nation, the
elections of its representatives;
Fiind-că listele electorale nu s'aŭ Considering that the electoral lists
publicat întocmai precum fuseseră have not been published at all, as they
pregătite de către administrațiile
către administrațiile were prepared by the district admin-
ţinute, ci s'aŭ prefăcut și s'aŭ scurtat istrators, but that they have been mod-
în Departamentul din lăuntru, și apoi, ified and sorted in the Ministry of
chiar când se aflaŭ sub tipar, s'aŭ su- the Interior, and thereupon, still un-
pus unei a treia prescurtărî la care aŭ der pressure, they have been submitted
luat parte d-nii caimacamul și agentul to a third sorting in which the Cai-
Austrieſ;
macam and the Austrian representa-
tive have taken part;
Fiind, în sfîrşit, câ aceste liste nu Considering finally that these lists
înfătişează nici de cum majoritatea in nowise represent the majority of
claselor societăței Moldovei și că Din the classes of Moldavian society and
vanul ce ar resulta din viitoarele ale- that the Divan which will result from
gerị, nu poate nici într'un chip a con- them in the coming elections cannot
stitui representația legală și exactă a constitute the legal and exact repre-
intereselor tuturor claselor, precum sentation of the interests of all the
cere hotărît art. 24 din Tratatul de classes, as is categorically ordered by
Paris;
Article 24 of the Treaty of Paris;
Subscrişi se věd în dureroasa nevoe The undersigned find themselves
de a se retrage de la ori-ce împărtăşire under the grievous necessity of re-
la nisce alegeri făcute sub jugul in- fraining from all participation in the
şelăciunii, al împilăriĩ și al nedrep- elections held under the auspices of
tățiî. .
pressure, injustice, and fraud.
(Thousands of signatures are ap-
(Urmează miĩ de subscrieri.) pended.)
808
DOCUMENTS
Memorandum Interpreting the Firman of Convocation of the Divans ad hoc.
June 11/17, 1857 1
Pour ce qui concerne le l-er point, Concerning the first point, namely,
les prêtres, le texte du Firman dit, art. the priests, the text of the Firman
1-er:
says, in Article 1 :
Et les prêtres, remplissant à un “And the priests, fulfilling under
titre quelconque les fonctions de leur whatever title the functions of their
ministère dans le chef-lieu de chaque ministry in the headquarters of each :
Evêché, se réuniront sur la convoca- bishopric, shall meet on convocation
tion de leurs Evêques diocésains, pour by their diocesan bishops, to name by
nommer également parmi eux un dé- dioceses one from among their own
puté au Divan par diocèse."
number as deputy to the Divan.”
Par conséquent, la Commission Consequently,
the Commission
pense que les fonctionnaires ecclésias- thinks that the ecclesiastical function-
tiques au siège de la Métropole et de aries at the seat of the Metropolitan
chaque Evêché et les curés des pa- of each Bishopric and the curés of the
roisses de la ville chef-lieu de parishes of the city which is the head-
l'Evêché, à l'exception de ceux exclus quarters of this bishopric, with the
par des raisons canoniques, sont de exception of those excluded for ca-
droit électeurs, mais que les proto- nonical reasons, are electors of right,
popes (archiprêtres) et les proestoti but that protopopes (arch-priests,
(aides des archiprêtres), qui exercent and the proestoti (aids to the arch-
leurs fonctions dans le diocèse, sans priests) who exercise their functions
résider dans le chef-lieu, ne peuvent in the diocese, without residing in
par jouir du droit d'électeurs.
the headquarters, may not enjoy elec-
toral rights.
Cependant la Commission fait ob- However, the Commission observes
server, qu'il reste à savoir si les fonc- that it remains to ascertain whether
tionnaires ecclésiastiques au siège de the ecclesiastical functionaries at the
la Métropole et les curés de paroisse de seat of the Metropole and the parish
la ville chef-lieu du diocèse sont les curés of the city which is the head-
seuls prêtres au chef-lieu auxquels se quarters for the diocese are the only
rapportent les termes du Firman ci- priests at the headquarters to whom
dessus mentionnés, question qui peut the terms of the Firman above men-
être résolue par une entente entre le tioned apply, a question which may be
Caïmacam et le Métropolitain.
settled by an agreement between the
Caïmacam and the Metropolitan.
Quant à la seconde question, relative 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
809
au domicile, la Commission partage to domicile, the Commission shares
l'avis du Caïmacam.
the opinion of the Caïmacam.
A l'égard des Grands Boyards Regarding the great boyards (the
(3-ème question), qui ne sont pas as- 3d question) who are not limited by
treints à la condition du domicile, la the restriction as to domicile, the Com-
Commission pense que tout Grand mission believes that each great boy-
Boyard, possesseur de la propriété re- ard, owner of the amount of prop-
quise selon le Firman dans un district, erty in one district required by the
peut être élu dans tout district dont les firman, may be elected in each district
électeurs voudraient bien le nommer where the electors wish to name him
pour leur représentant.
as their representative.
Pour ce qui concerne le 4-ème point As for the 4th point,---- the dedi-
— les biens dotaux -- la Commission, cated lands -- the Commission, con-
considérant les dispositions du chap. sidering the provisions of Chapter 16,
16 $ 10 de la section 3 du Code civil par. 10, of Section 3 of the civil code.
et considérant qu'en Valachie les biens and considering that in Wallachia the
dotaux ont de tout temps conféré aux dedicated lands have at all times be-
maris les droits politiques attachés à stowed on married men the political
la propriété, adhère à l'avis émis par rights attached to property, agrees
le Caïmacam.
with the opinion expressed by the
Caimacam.
Se référant aux explications pré- Referring to the explanations pre-
sentées par le Chef du Gouvernement sented by the head of the Wallachian
valaque au sujet du 5-ème point government on the subject of the 5th
c'est-à-dire les preuves de l'étendue point — that is to say the evidence
des terres -- la Commission est con- as to the amount of property
the
vaincue de l'impossibilité d'appliquer Commission is convinced of the im-
littéralement le Firman en Valachie possibility of applying the Firman lit-
pour ce qui concerne la détermination erally in Wallachia in so far as it con-
de l'étendue des terres. Elle ap- cerns the determination of the amount
prouve donc l'idée du Caïmacam, de of property. It therefore approves
parvenir au même résultat par les this idea of the Caïmacam, of arriving
moyens les plus pratiques et les mieux at the same result by the means the
appropriés aux circonstances locales, most practiced and the best suited to
et quant au choix de ces moyens, la the local circumstances, and as to the
Commission le réserve au Gouverne- choice of means, the Commission re-
ment valaque, comme à l'autorité la serves this to the Wallachian Govern-
plus compétente.
ment, as being the most competent au-
thority.
A l'égard du 6-ème point, - le With regard to the 6th point, --- the
maximum de 99 faltches,— la Com- maximum of 99 faltches,- the Com-
:
810
DOCUMENTS
mission observe que, selon les termes
mission observes that, according to
du Firman, les propriétaires non- the terms of the firman, the proprie-
Boyards ou fils de Boyards, possédant tors not boyards or sons of boyards,
plus de 99 faltches de terre, seraient possessing more than 99 faltches of
exclus de la représentation nationale. land, were excluded from the na-
Mais vu les raisons présentées par le tional representations. But in view
Directeur du Secrétariat d'Etat sur of the reasons presented by the Direc-
l'impossibilité de fixer le maximum tor of the Department of State on the
selon le Firman et vu qu'il paraît im- impossibility of fixing the maximum
probable que le Firman ait voulu ex- according to the Firman, and in view
clure de la représentation les proprié- of the fact that it appears improbable
taires non-Boyards ou fils de Boyards that the Firman meant to exclude
possédant au-delà du maximum pré- from representation the proprietors
cisé, tandis qu'il accorde ce droit à not boyards or sons of boyards, pos-
ceux dont la possession n'atteint pas sessing more than the precise maxi-
le dit maximum, elle adhère à l'inter- mum, while it accords this right to
prétation proposée par le Caïmacam. those whose property does not equal
the said maximum, it adheres to the
interpretation proposed by the Caïma-
cam.
Quant à la représentation de la As for the representation of the
petite propriété, la Commission fait class of small proprietors, the Com-
remarquer que l'introduction des mission draws attention to the fact
Boyards dans la classe des petits pro- that the introduction of the boyards
priétaires ne serait pas en harmonie into the class of small proprietors
avec une représentation par classes, would not be in harmony with a rep-
attendu que les intérêts des différentes resentation by classes, since the inter-
classes peuvent être sous quelques ests of the different classes might be
points en lutte. Mais comme l'opin- in conflict on some points. But as
ion du Caïmacam paraît conforme au the opinion of the Caïmacam appears
sens littéral de la phrase du Firman to conform to the literal meaning of
(art. 3): “tous les propriétaires, sous the clause of the Firman (Art. 3.):
quelque dénomination que ce soit,” la All the proprietors, under whatever
Commission adhère à cette opinion. denomination," the Commission ad-
heres to this opinion.
Quant au 7-ème point, relatif aux As for the 7th point, relating to the
portions de terres non continues, sises properties not situated in the same
dans le même district, la Commission district, the Commission agrees with
partage l'opinion du Caïmacam.
the opinion of the Caïmacam.
Pour ce qui concerne le 8-ème point, Concerning the 8th point, which re-
qui se rapporte au passage du Firman: lates to the passage of the Firman:
MOLDAVIA AND WALLACHIA, 1857
811
une
“Ils y éliront à la majorité des voix “ They shall there elect by majority
deux députés au Divan parmi ceux vote two deputies to the Divan from
d'entre eux qui justifieront de la pos- among those who shall prove posses-
session, libre de toute charge hypothé- sion, free from all mortgage, of real
caire, d'un immeuble de 200 faltches property of 200 faltches at least or
au moins ou l'équivalent en pogones the equivalent in pogones of land cul-
de terres exploitées et en rapport,” la tivated and under crop," the Commis-
Commission est d'avis que la prescrip- sion is of the opinion that the pre-
tion, qui oblige les éligibles à présenter scription which obliges those qualified
uine déclaration de dégrèvement, to present a release of lands from en-
comme elle dépend entièrement de cumbrance, as it depends entirely on
l'arbitraire du créancier, pourrait don- the will of the creditor, could occa-
ner lieu à des abus ou à des difficultés sion abuses or difficulties of execli-
dans l'exécution, le créancier pouvant tion, as the creditor may be out of the
se trouver hors du pays ou bien re- country, or may refuse release of a
fusant le dégrèvement pour property of great value for an insig-
somme insignifiante d'une propriété nificant sum. In principle, a property
de grande valeur. En principe, une whose real value, after having cov-
propriété, dont la valeur réele, après ered the mortgage, would offer an ex-
avoir couvert la dette hypothécaire, cess corresponding to the property re-
offrirait un excédent correspondant à quired by the provisions of the Fir-
la propriété exigée par les prescrip- man, ought to carry with it the right
tions du Firman, devrait accorder le of eligibility. While recognizing that
droit d'éligibilité. Tout en recon- the practical application of this prin-
naissant que l'application pratique de ciple offers difficulties, the Commis-
ce principe offre des difficultés, la sion is of the opinion, according to
Commission est d'avis, d'après les in- information which it has had occasion
formations qu'elle a été dans le cas de to collect, that one of the means to
recueillir, qu'un des moyens à adopter adopt would be that of estimating the
serait celui d'estimer la valeur de la value of the land according to its rev-
terre d'après son revenu. Cette opé- enue. This operation would serve at
ration servirait en même temps, selon the same time, according to locality,
la localité, à déterminer approxi- to determine approximately the extent
mativement l'étendue de la terre. of the land. As for the valuation,
Quant à l'évaluation, on pourrait se one might conform to the principle
conformer au principe généralement generally admitted in the judicial esti-
admis dans les estimations judiciaires, mates which establishes the value of
qui établit la valeur d'une terre sur le a property on the rate of a 5% rev-
taux de 5% de revenu.
La Commis-
The Commission hopes that it
sion espère qu'il sera d'autant plus will be the easier in the actual case,
facile, dans le cas actuel, d'arriver to arrive thus at a satisfactory re-
enue,
812
DOCUMENTS
ainsi à un résultat satisfaisant, que les sult, as the preparatory work ought
travaux préparatoires doivent être to be already done in the administra-
déjà faits dans les administrations, tive bodies, according to the publica-
par suite de la publication du Minis- tion of the Minister of the Interior
tère de l'Intérieur en date du 21 Mars under date of March 21 last, which
dernier, laquelle prescrivait, entre provided, among other things, the
autres, de spécifier, autant que faire specification, as far as possible, of the
se pourra, le revenu constaté par les revenue as shown by the road taxes
taxes des chaussées et le payement des and the payment of the State taxes or
redevances à l'Etat ou bien par un by the terms of a lease.
contrat de bail.
En ce qui touche le 9-ème point As regards the 9th point, the
les professeurs d'Etat,— la Commis- State professors — the Commission
sion se range de l'avis du Caïmacam.
agrees with the opinion of the Caï-
macam.
Pour ce qui concerne le 10-ème Concerning the 10th point, - the
point — les avocats,-- les termes du lawyers
lawyers -- the terms of the firman re-
Firman exigent un diplôme régulier. quire a regular diploma. But as such
Mais de tels diplômes n'existant pas diplomas do not exist in the country,
dans le pays, il est indispensable it is indispensable to agree on another
d'aviser à un autre moyen propre à means calculated to achieve the pur-
réaliser l'idée du Firman. Toutefois, pose of the Firman. However, the
le projet du Caïmacam paraît de na- proposal of the Caïmacain appears to
ture à rendre nécessaires des explica- be of such a nature as to necessitate
tions, car il semble à la Commission explanations, for it seems to the Com-
que, d'après ce projet, le Département mission that, according to this pro-
de la Justice pourrait donner le carac- posal, the Department of Justice could
tère d'avocat à tout individu, qui au-
bestow the character of lawyer on any
rait plaidé, soit sa propre cause, soit individual who had pleaded, whether
par procuration une cause quelconque. in his own cause, or any cause
Or, le Règlement Organique, art. 129, whatever, by power of attorney. But
fait une distinction entre les avocats the Organic Statute, Article 129,
reconnus et les personnes qui, sans
makes a distinction between the rec-
être avocats, plaident parfois devant ognized lawyers and the persons who,
les tribunaux. Il spécifie clairement without being lawyers, sometimes
le procédé, par lequel on doit devenir plead before courts. It clearly spec-
avocat reconnu. La loi de l'année fies the procedure by which to become
1836, qui a été adoptée par l'Assem- a recognized lawyer. The law of
blée générale de la même année, établit 1836, which was adopted by the gen-
aussi ce principe. Par conséquent, la eral assembly of the same year, estab-
Commission, étant obligée à se ren- lished this principle also. Conse-
MOLDAVIA AND WALLACHIA, 1857
813
fermer aussi strictement que possible quently, the Commission being obliged
dans le sens précis du Firman, est to limit itself as strictly as possible to
d'avis que le Département de la Justice the precise meaning of the Firman,
ne doit délivrer de certificat d'électeur is of the opinion that the Department
dans la catégorie des avocats qu'à of Justice ought not to deliver an
ceux qui ont exercé depuis trois ans electoral certificate, under the cate-
au moins la profession d'avocat, selon gory of lawyers, except to those who
les prescriptions du Règlement Or- have practiced the legal profession for
ganique et de la loi du pays.
a period of three years at least, ac-
cording to the provisions of the Or-
ganic Statutes and of the law of the
land.
Quant au 11-ème point — les com- As for the 11th point -- the trades-
merçants, le Firman accorde les men, — the firman
men,- the firman grants electoral
droits d'électeur aux négociants paten- rights to the licensed tradesmen of the
tés des trois classes inscrits sur les three classes registered on the last
dernières listes préparées pour l'élec- lists prepared for the municipal elec-
tion des municipalités. La Commis- tions. The Commission, according
sion, d'après les informations qu'elle a to information which it has had occa-
été dans le cas de recueillir, observe sion to collect, observes that there is
qu'il n'y a point de liste pour les élec- no list of electors for the Municipal-
teurs de la municipalité, qui sont ity, who are chosen by the deputies of
choisis par les députés des quartiers, the districts, who, in their turn, are
lesquels, à leur tour, sont élus d'après elected according to a special law.
une loi spéciale. L'élection ayant The election having thus taken place
ainsi lieu à deux degrés, le Caïmacam in two stages, the Caïmacam proposes
propose de substituer aux électeurs des to substitute for the electors for the
municipalités des électeurs des députés Municipality, the electors for the dep-
des quartiers. Ce mode, quelqu'im- uties for this district. This method,
parfait qu'il soit, paraît cependant le however imperfect it may be, appears
plus pratique pour tourner la difficulté. nevertheless to be the most practical
Il est vrai que, pour être inscrit comme means of solving the difficulty. It is
électeur des députés des quartiers, il true that, to be registered as an elector
faut être propriétaire; mais comme le for district deputies, one must be a
cens électoral dans cette catégorie est landowner; but as the electoral cen-
extrêmement modique, il est présum- sus is in this case extremely moderate,
able, selon les meurs du pays, que le it is presumable, according to the cus-
plus grand nombre des patentés in- tom of the country, that the greatest
diqués par le Firman est en inême number of those licensed as indicated
temps propriétaire. Il ne resterait by the Firman are also landowners.
qu'une seule remarque à faire, au There remains but one remark to
814
DOCUMENTS
sujet de l'âge; on est électeur de quar- make on the subject of age; one be-
tier à l'âge de 25 ans.
Il faudra, par
comes an elector for the district at
conséquent, éliminer de ces listes ceux the age of 25. It is necessary, con-
qui n'ont pas l'âge de trente ans, re- sequently, to eliminate from these
quis par le Firman.
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 1
Certificat
Certificate.
Locuitorii pontași din satul .... The peasants residing in the town
ținutul ... ocolul .. . , astădi în .. of ... district of. arrondis-
a lunei .
. . 1857, consfătuinlu-se, sement of . today the . of
aŭ ales doui delegați de întâiul grad, the month of.. ... 1857, having
şi anume pe
· și ..
consulted together, have elected two
potriviți cu articolul 4 al îm- delegates of the first degree, namely
pěrătescului firman; despre care s'a
and.
in accordance
dat acest certificat, adeverit de vorni- with Article 4 of the Imperial Fir-
cul, pacỉnicii și preotul satului și pu- man; in token of which the present
nerea peceţiĩ sătesci.
certificate has been delivered, certi-
fied by the vornic,º 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 4
(Extrait)
(Extract)
“Ils ne peuvent s'empêcher d'ex- “They can not restrain themselves
primer à la Sublime-Porte la surprise from expressing to the Sublime Porte
avec laquelle ils apprennent de quelle the surprise with which they learn the
manière on continue à procéder, en manner in which the execution of the
1 Acte si documente, renascerei Romaniei, vol. 5, p. 969.
2 The mayor.
3 The justice of the peace.
Arch, dip., 1866, pt. 2, p. 63.
MOLDAVIA AND WALLACHIA, 1857
815
Moldavie, à l'exécution du Firman; Firman in Moldavia continues to pro-
c'est toujours le même système d'in- ceed; there is still the same system of
timidation ouverte, de pression vio- open intimidation, of violent pressure.
lente. C'est pourquoi il n'est pas de That is why it does not accord with
la dignité de la commission, émanation the dignity of the commission, itself
elle-même du Congrès de Paris, de an emanation from the Congress of
se mettre en rapport avec un Divan Paris, to assume relations with a Di-
qui ne sera pas composé de manière à van which will not be constituted in
pouvoir passer pour la véritable ex- such a way as to pass for the true ex-
pression des voeux et des besoins du pression of the wishes and needs of
pays, et qui répondra si mal aux in- the country, and which will so poorly
tentions du Congrès de Paris à cet answer to the intentions of the Con-
égard.
gress of Paris in this regard.
“La Sublime-Porte repousse, il est “ The Sublime Porte, it is true, de-
vrai, toute solidarité, sous ce rapport, nies all joint responsibility with its
avec ses agents de Moldavie; mais agents in Moldavia, in this matter;
cette déclaration ne suffit pas à l'exo- but this statement is not sufficient to
nérer de la responsabilité qui pèsera exonerate it from the responsibility
réellement sur elle, en cette circon- which will actually rest upon it, in
stance, tant qu'elle n'aura pas désa- these circumstances, so long as it shall
voué formellement ces mêmes agents not have formally disowned these
et ne les aura pas obligés de modifier same agents, nor have obliged them to
leur conduite.'
modify their conduct.'
Protest and Resignation of Alexander Couza as Prefect of Galatz, June
24/July 6, 1857 1
Escelenţă.
Excellency,
Strigările și jeluirile cetăţenilor de The claims and complaints of the
toate clasele din Galaţi, nu mai puțin citizens of all classes of the city of
și a locuitorilor întreguluì ținut, pen- Galatz, as well as those of the inhab-
tru ameninţările ce li se fac de către itants of this district, occasioned by
samişul ținutuluĩ și întreg comitetul the threats made to them by the re-
alegerilor pentru divanul ad-hoc, spre ceiver-general of the district and by
a i spăimânta, și cu aşa chip a le înă- the committee of revision for the elec-
duși sloboda espresie în dreptăţile tion for the Divan ad hoc, for the
hărăsite prin înaltul firman pentru purpose of intimidating them in order
convocarea Divanului ad-hoc, găsin- to deprive them of or to abolish the
1 Acte si documente, renascerei Romaniei, vol. 5, p. 47.
816
DOCUMENTS
are
du-le basate pe adevěruri, iar urmările right of free speech granted them by
tuturor funcționarilor, chiemați prin the firman of convocation,
posturile ce ocupă, la lucrările prescise founded on right and truth and the
prin pomenitul înalt firman, abătute acts of all the officials, called on by
de la glăsuirea legilor.
their office to cooperate in the work,
are contrary to law and to the said
firman. These acts are:
1° Publicarea listelor schimosite 1. The publication of the lists dis-
prin adăogiri de persoane şi ştergerea torted by the admission of certain in-
acelor trecute în listele trămise de is- dividuals, the striking out of those
prăvnicie și primite de la privighetori entered on the original lists received
și eforie.
from the sub-prefect and the munici-
pal council and sent by the prefecture;
2° Schimbarea fără motiv a privi- 2. The removal without cause of
ghetorilor vrednicì si cu caracter cin- the sub-prefects of worthy and up-
stit şi înlocuirea lor prin persoane, în right character and the substitution,
toate privirele, nedestoinice şi prime- at such a critical moment for the
jdiose într'un timp așa de gingaş și country, of individuals incapable and
critic pentru ţară.
dangerous, according to all reports.
3° Sistemul terorismului ce, de la 3. The system of terrorism gener-
lipsa iscălitului din oraș, se aplică în ally adopted in the district, since the
deobștie precum, de pildă, călcarea absence of the undersigned from the
locuinței d-lui stolnic Ghiță Alevra în city. Such, for example, is the case
puterea nopţii, de către d. samiş, d. of the violation of the domicile of the
maior Christea, și polițmaistrul ora- stolink Zhitza Alevra, made by night
şuluſ, în temeiul offisului Exc. V., slo- by the receiver general, Major Christé,
bozit după spusa numitului maior, pe and the police commissioner of the
când iscălitul se afla în orașul Iași city. This act, ordered by a decree of
(însă, tăinuit, precum Exc. V. nu veţi Your Excellency and reported by the
putea tăgădui și cu reson ascuns de Major, was accomplished, as Your
mine, căci aşī fi fost stavila unor aşa Excellency can not deny, in a mys-
nedreptăți și nici odată unealtă ruși- terious manner and at a moment when
noasă a ocârmuirei).
the undersigned was at Jassy. It was
concealed from me and with reason,
for 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° Procedarea nelegiuită a comite- 4. The illegality of the work of the
tuluſ de alegeri prin respingerea ce committee of revision which refuses
MOLDAVIA AND WALLACHIA, 1857
817
face tuturor persoanelor cu drepturi, the demands of those having the right,
fără a li se arăta resoanele pentru cari without giving them reasons and even
se resping, saŭ cel puțin a li se da without at least notifying them of the
adeverinţe de primirea reclamațielor, receipt of their claims. Such is the
precum s'a urmat cu răzeșiſ de Smulți treatment given to the small proprie-
și mai mulți boeri.
tors of Smoultzi; and to a crowd of
boyards.
5° Debatațiele comitetuluſ închi- 5. The committee made a show of
puite, iar în adevăr și în faptă, plini- debating over its resolutions, but, in
rea unor dispositiĩ afară din textul sober fact, it has only applied dispo-
firmanuluſ.
sitions wholly outside the firman.
6° Inlăturarea de la comitet a is- 6. The withdrawing of the under-
călituluị şi trimiterea sa cu misiſ în signed from the committee and the
Basarabia Moldovană, tocmai în tim sending of him on a mission to Mol-
pul unor asemenea delicate împre- davian Bessarabia at precisely such
jurărị și când, după glăsuirea înaltu- a crucial time, and when, according to
lui firman, urma neapărat a se afla the firman, he is obliged to be present
față și a presida acel comitet.
and to preside over the committee.
7° La opt mahalale întregi ridicate 7. The deprivation of eight entire
drepturile hărăzite prin înaltul firman, districts of the city of their political
când eſ sunt trecuți în listele alegerilor rights, although they are recognized
eforieſ. Asemenea desfiinţarea cu de- in the electoral lists of the munici-
sěvêrșire a corporațiilor neguţătorilor pality; further, the absolute omission
din picioare, asemenea a trei delegați of the guild of travelling merchants
breslei de covacỉ, când starostii lor and the erasure of three delegates
sunt publicațĩ, ș. c. l., ș. c. 1.
from the guild of farriers, although
their provosts are entered, etc., etc.,
Toate acestea fiind lovitoare, pe de
All these acts are on the one hand
o parte, în dreptățile pământenilor, iar, an infringement on the rights of the
pe de alta, în înțelesul înaltuluĩ firman citizens, and on the other hand, they
basat pe Tratatul de Paris, şi după violate the text of the firman, based
arătarea verbală ce am făcut atât Exc. on the treaty of Paris; and, as in spite
V. cât si d-lui ministru din lăuntru of the formal reports which I have
spre stavilirea lor, socotindu-le prove- addressed concerning them with the
nite numai de la amploiații subal- purpose of preventing them, both to
terni
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
DOCUMENTS
swer, the measures of intimidation
continue and are only doubled;
ne-vědênd însă nici o měsură luată, I am obliged, in spite of my deep
iar měsurile inspăimîntătoare pre- regret and my duty to serve my coun-
domnind și sporind în tot ţinutul try at such a critical time, to tender
Covurluiuluï, mě věd silit, cu o vie you the resignation of my office as
părere de rěŭ, in potriva dorinței și prefect (parcalab) which is too bur-
datoriei ce am a sluji Patriei într'o densome a charge under such a sys-
vreme aşa de gingaşe, și a vě cere tem.
demisionarea mea de la funcţia de
pârcălab, fiind o tristă povară sub un
asemenea sistem.
(semnat) Al. Couza, major adju- (Signed) Al. Couza, Major, Se-
tant domnesc.
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 1
I
I
Leurs Excellences l'ambassadeur Their Excellencies the Ambassador
d'Angleterre et l'internonce d'Au- of England and the Internuncio of
triche, s'étant rendus au žali (maison Austria, having repaired to the žali
de campagne) de Son Altesse le grand (country house) of His Highness the
vizir, où se trouvait également le mi- Grand Vizier, where was also Res-
nistre des affaires étrangères, Reschid- chid-Pacha, the Minister for Foreign
Pacha, saisit cette occasion pour leur Affairs, seized this occasion to make
exposer ce qui suit :
a statement to them as follows:
Les efforts de la Sublime-Porte The efforts of the Sublime Porte to
pour aplanir le différend qui s'est smooth away the difference which has
élevé relativement aux élections de arisen regarding the Moldavian elec-
Moldavie, étant restés infructueux, et tions having continued to be unsuc-
les dépêches télégraphiques parvenues cessful, and the telegraphic dispatches
aux ambassadeurs de France et d’An- reaching the Ambassadors of France
gleterre étant susceptibles d'une inter- and of England being susceptible of
prétation divergente, au sujet de l'en- different interpretations on the sub-
tente entre les Gouvernements fran- ject of the agreement between the
çais et anglais sur l'ajournement à French and English Government as to
huit jours des élections, ajournement the eight day adjournment of the elec-
1 Arch. dip., 1866, pt. 2, p. 64.
MOLDAVIA AND WALLACHIA, 1857
819
qui expire aujourd'hui, la Sublime- tions, an adjournment which expires
Porte propose un nouveau délai de today, the Sublime Porte suggests a
quinze jours, pour avoir le temps d'ob- new delay of fifteen days, in order to
tenir, par le télégraphe, des éclaircis- have the time to obtain by telegraph
sements sur cette entente.
some enlightenment as to this agree-
ment.
II
II
L'ambassadeur d'Angleterre et l'in- The Ambassador of England and
ternonce d'Autriche, tout en rendant the Internuncio of Austria, while do-
justice à la Sublime-Porte pour ses ef- ing justice to the Sublime Porte for
forts tendant à concilier le différend its efforts to conciliate the difference
qui a surgi au sujet des élections de which has arisen on the subject of the
Moldavie, efforts auxquels il a été Moldavian elections, efforts to which
pleinement répondu de leur part, rap- there has been full response on their
pellent les inconvénients qui résulte- part, recall the inconveniences which
raient d'un pareil retard, et regrettent would arise from such a delay, and
que l'on ait refusé le meilleur moyen regret that the best means of agreeing
d'entente à cet égard.
on this point have been refused.
L'ambassadeur d'Angleterre dé- The Ambassador of England de-
clare, en son particulier, que le sens clares for his part, that the meaning
des dépêches lui semble suffisamment of the dispatches seems sufficiently
clair, et qu'il n'en appert nullement clear, and that he finds there nothing
que l'idée d'un nouvel ajournement to show that a
to show that a new adjournment
des élections soit dans la contempla- of the elections is contemplated by
tion (sic) de son gouvernement. his government. The Internuncio of
L'internonce d'Autriche partage sur Austria shares on this point the opin-
ce point l'opinion de son collègue ion of his colleague of England.
d'Angleterre. En conséquence, ils ont Consequently they have both con-
conclu, l'un et l'autre, que la Porte ne cluded that the Porte can not grant
peut pas accorder un nouvel ajourne- a new adjournment without forsaking
ment, sans sortir de la position qui the position assigned to it by the
lui est assignée par le principe du principle of the Treaty of Paris, a
traité de Paris, cuvre commune des common work of the Powers, and
puissances, et ils ajoutent qu'ils ne re- they add that they do not flinch be-
culent devant aucune responsabilité fore any responsibility which might
qui rejaillirait pour la Porte de ce reflect on the Porte from this refusal
refus d'ajournement.
to adjourn.
Emirghian, le 18 juillet 1857.
Emirghian, July 18, 1857.
L. STRATFORD DE REDCLIFFE.
L. STRATFORD DE REDCLIFFE.
• BARON DE PROKESCH OSTEN.
BARON DE PROKESCH-OSTEN.
820
DOCUMENTS
Address of the Metropolitan of Moldavia to the European Commission at
Bucharest, July 10/22, 1857 1
A la haute Commission européenne To the High European Commis-
à Bucarest.
sion at Bucharest.
Je reçois, de la part des membres du I am in receipt of numerous com-
clergé, de nombreuses plaintes et ré- plaints and claims made by members
clamations à l'occasion des élections of the clergy regarding the elections
faites dans des conditions qui sont held under conditions which are as
aussi loin de répondre au respect dû far from coinciding with the respect
à la volonté des grandes Puissances due to the wish of the great Powers
signataires du Traité de Paris qu'aux signatory to the Treaty of Paris, as
droits reconnus à toutes les classes de they are from the recognized rights of
la population de la Moldavie. Ne all the classes of the population of
disposant d'aucun moyen d'y faire Moldavia. Without any means of
droit et les trouvant cependant dignes righting them and finding them never-
d'être prises en très sérieuse considé- theless worthy of being taken under
ration, je crois de mon devoir de les very serious consideration, I believe
adresser à la haute Commission, en la it to be my duty to forward them to
priant de vouloir bien prendre la dé- the High Commission, with the re-
fense des droits d'un corps respectable quest that it will be good enough to
dont les võux pour le bonheur de la undertake the defence of the right of
Patrie ne sauraient librement se mani-
a respectable body whose desires for
fester.
the welfare of the mother country are
prevented free expression.
J'ai l'espoir que l'intervention de la I entertain the hope that the inter-
haute Commission ne tardera pas vention of the High Commission will
d'apporter un souverain remède à un not delay in bringing a sovereign rem-
mal qui fait saigner de douleur notre edy to an evil which causes the heart
cour de Moldave et de chef spirituel of a Moldavian and of the spiritual
head of the country to bleed with
sorrow.
du pays.
Identic Note of Aali-Ghalib Pacha to the Representatives of France, Prussia,
Russia and Sardinia. July 30, 1857 1
J'ai reçu la note que Votre Excel- I have received the note which your
lence m'a fait l'honneur de m'adresser Excellency has done me the honor to
1 Acte si documente, renascerei Romaniei, vol. 5, 1890, p. 228.
1 Arch. dip., 1866, pt. 2, p. 69.
MOLDAVIA AND WALLACHIA, 1857
821
en date du 28 juillet, pour réclamer address me under date of July 28, to
l'annulation immédiate et absolue des demand the immediate and absolute
élections moldaves, et je me suis fait annulment of the Moldavian electors,
un devoir empressé de soumettre cette and I hasten to submit this note to
note à l'appréciation de S. M. I. le the notice of H. I. M. the Sultan, my
Sultan, mon auguste souverain. august sovereign.
Votre Excellence connaît déjà par Your Excellency is already aware,
la note officielle et responsive que j'ai from the official reply which I have
eu l'honneur de lui adresser, en date du had the honor to address to you under
28 juillet, que la Sublime-Porte, date of July 28, that the Sublime
comme puissance cosignataire du
du Porte, as a power cosignatory to the
Traité de Paris, ne peut pas sortir des Treaty of Paris, can not exceed the
limites tracées par ce même traité, et limits set by the said treaty and take
prendre sur elle seule la responsabilité on itself alone the responsibility of a
d'une grande mesure aussi peu de sa great measure so little within its au-
portée que celle d'annuler les élections. thority as that of annulling the elec-
Mais, dans son désir franc et sincère tions. But, in frank and sincere de-
d'exécuter loyalement, pour ce qui le sire loyally to execute, in all concern-
regarde, l'acte du Congrès de Paris et ing it, the act of the Congress of
de repousser tout ce qui sera reconnu Paris, and to repulse all that which
comme illégal, le gouvernement impé- will be recognized as illegal, the Im-
rial est d'avis que ce serait à la con- perial Government is of the opinion
férence de Paris d'examiner si les that it is for the Conference of Paris
élections moldaves ont été légales ou to examine whether the Moldavian
irrégulières, et de se prononcer à cet elections have been legal or irregular,
égard. Cet avis de la Sublime-Porte and to pronounce on this point. This
est exactement le même que Votre Ex- opinion of the Sublime Porte is ex-
cellence a maintes fois émis de vive actly the same as that which Your Ex-
voix, qu'il appartiendra à la confér- cellency has many times uttered with
ence de Paris d'examiner et de juger great force, that it should belong to
les affaires de cette nature.
the Conference of Paris to examine
and to judge as to matters of such a
nature.
Le gouvernement de S. M. I. le Sul- The Government of H. I. M. the
tan, . ne ferait pas d'objections à Sultan would make no objection
l'ajournement de la convocation des
to the adjournment of the convocation
Divans, jusqu'à ce que la conférence of the Divans, until the Conference
de Paris se soit prononcée à cet of Paris shall have pronounced itself
égard.
on this subject.
822
DOCUMENTS
Decree of the Caimacam of Wallachia Regarding Registration 1
Ofisul Caimacamului Valahiei, A. Office of the Caimacam of Walla-
Ghica, No. 1,068, din 18 (30) Iulie chia, A. Ghica, No. 1,068, July 18/30,
1857. Bucuresci.
1857.
No, Prințul Alecsadru Dimitrie We, Prince Alexander Dimitrie
Ghica caimacamul țărei Românesci. Ghica, Caimacam of Wallachia. To
Către Departamentul din lăuntru. the Department of the Interior.
Vědênd raportul acelui Departa- In view of the report of this De-
ment cu No. 5,623 din 17 Iulie, prin partment, No. 5,623, dated July
care ni se arată că listele celor în drept 17/29, by which it is brought to our
de à fi alegětori și aleși s'au întocmit notice that the electoral lists have been
și s'aŭ tipărit, spre a putea fi publicate, drawn up and printed, for the purpose
și că urmează, de-odată cu publicarea of being published, and that, simul-
și afișarea lor, să se întocmească și taneously with the publication and
comitetele prevěďute prin art. 5 al în- posting of these lists the committees
altului împărătesc firman.
provided by Article 5 of the imperial
Firman should be constituted.
en-
Noi poruncim :
Decree :
Art. I. Aceste liste electorale se Article I. The electoral lists shall
vor publica îndată și se vor afișa în be published immediately and posted
oraşele și satele districtului la carī ele in the cities and towns of the respec-
privesc, publicându-se treptat și prin tive districts. They shall also be
“Buletinul oficial."
made public by means of the “Bule-
tinul oficial."
Art. II. Comitetele însărcinate cu Article II. The committees
cercetarea reclamaţiilor vor începe lu- trusted with the examination of com-
crările lor la 22 Iulie.
plaints shall begin their labors on
July 22/August 3.
Aceste comitete vor fi compuse, în
These Committees shall be com-
fie-care district, de către membrii și posed, in each district, of the members
un supleant al consiliului municipal of the municipal council of the chief
al oraşului de reședință, și de către city and a substitute, as well as of
membrii Tribunalului județuluğ, sub the members of the tribunal of the
preşedinţa administratoruluğ, ast-fel district, under the presidency of the
ca complectul fie-cărui comitet să fie prefect, in such manner that the com-
de nouě membrii.
plement of each committee shall be
nine members.
1 Acte si documente, renascerei Romaniei, vol. 5, p. 308.
MOLDAVIA AND WALLACHIA, 1857
823
In Bucuresci comitetul va fi compus At Bucharest the committee shall
de membriĩ Consiliului municipal și be composed of the members of the
de membriĩ tribunalului civil sesția I, municipal council and the members of
și se va presida, pentru reclamațiile the first section of the civil tribunal
privitoare la proprietarii de moșii, de and shall be presided over, when con-
către administratorul districtuluï; iar, sidering all protests concerning the
pentru reclamațiile asupra listelor din landed proprietors, by the prefect of
oraș, comitetul va fi presidate de către the district and, in all concerning the
vornicul oraşului.
lists of the cities, by the mayor of the
city.
Art. III. Hotărârile comitetului Article III. The decisions of the
se daŭ cu majoritatea glasurilor, cari committee shall be taken by majority
trebue să fie cel puțin de cinci.
vote, the number of members voting
being five at least.
Art. IV. Persoanele carí ar re- Article IV. The persons who, not
clama înscrierea lor, ca netrecute în having been inscribed on the electoral
liste, dintr'o pricină saŭ alta, trebue lists, for whatever reason, shall claim
să arate desluşit, în reclamația d-lor, the right to be so inscribed, shall make
temeiurile pe carỉ cer a fi înscrise și a concise statement of the rights on
acea reclamație trebue să cuprindă și which they base their claims. More-
declarație că persoana subscrisă nu over, each claim shall bear the formal
este trecută în vre-un alt județ.
declaration of the claimant to the ef-
fect that he is not listed in any other
district.
Celor carĩ, după raportul acestui As for those persons who, accord-
Departament, n'aŭ corespuns la che- ing to the report of the Department of
marea ce li s'a făcut de a'și alege dom- the Interior, have not satisfied the
iciliul, măcar că cu aceasta a adus în obligation imposed on them of choos-
târdiere la lucrarea listelor, li se mai ing a domicile, although they have by
acordă-âncă un termen de dece țile so doing delayed the preparations of
de la 22 Iulie înainte, spre îndeplinirea the lists, they shall nevertheless be ac-
aceste formalități; iar, după espirarea corded a period of ten days, dating
acestui termen, vor fi considerați că from July 22, in which to comply with
și-aŭ ales domiciliul acolo unde se. this formality. On the expiration of
află acum înscriși.
this period they shall be considered
to have elected their domicile in the
district where they are actually listed.
Art. V. Preşedintele comitetului Article V. The president of the
va însemna îndată pe reclamație diua committee shall indicate on each claim,
în care are a se înfăţişa reclamantul on its presentation, the day on which
spre dovedirea drepturilor sale și re- the claimant shall present himself be-
824
DOCUMENTS
clamantul va iscăli că i-s'a arătat diua fore the committee in order to prove
hotărâtă spre înfăţişare.
his right; the claimant shall, for his
part declare over his own signature
that he has been notified of the day
of appearance.
Art. VI. După espirarea terme- Article VI. On the expiration of
nului de 30 de dile, nu se va mai putea the period of thirty days no more
primi nici o reclamație.
claims shall be accepted.
Departamentul din lăuntru este în-
The Department of the Interior is
sărcinat a aduce la îndeplinire cuprin- charged with the execution and pub-
derea acestui al nostru ofis, dându-i şi lication of the present decree. It
cuviincoasa publicitate. Se va înțe- shall act jointly with the Department
lege și cu acela al dreptății pentru of Justice in all that concerns the
membrii tribunalelor de județe, spre members of the tribunals called to take
a lua parte la lucrările la care se chem. part in the work of the committees .
(Urmează semnătura Măriei Sale)
(Signed) Mariei Sale.
Secretarul Statului Al. Dimitrescu. Secretary of State, Al. Dimitrescu.
Identic Note of Aali Pacha to the Representatives of France, Prussia, Russia
and Sardinia 1
you, M.
Constantinople, 4 août 1857. Constantinople, August 4, 1857.
Les graves communications que The grave communications which
vous, M......., ainsi que trois autres
as well as the three
chefs de mission, nous avez faites en other heads of missions have made to
dernier lieu, relativement aux élections us on the last occasion, regarding the
de Moldavie, ont été prises en très- elections in Moldavia, have been taken
sérieuse considération par les minis- under very serious consideration by
tres de la Sublime-Porte, et portées à the ministers of the Sublime Porte
la connaissance de Sa Majesté le Sul- and brought to the knowledge of His
tan.
Majesty the Sultan.
Le gouvernement impérial se croit The Imperial Government believes
justifié en ne modifiant pas un prin- itself to be justified in not modifying
cipe fixé en commun, aussi longtemps a principle which has been fixed in
qu'une entente entre tous ne sera pas 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.
d
MOLDAVIA AND WALLACHIA, 1857
825
vous
établie; mais il déclare sincèrement, tween all shall not have been estab-
dès à présent, que, s'il est constaté lished; but he declares sincerely that
d'une manière officielle et légale que from the present, if it is proved in an
les illégalités dont on se plaint, dans official legal manner that the illegali-
l'exécution des ordres de Sa Majesté ties complained of in the execution of
le Sultan, ont été réellement commises the orders of His Majesty the Sultan
par les agents de la Sublime-Porte qui have been really committed by the
étaient chargés de cette exécution, il agents of the Sublime Porte, who
n'hésitera pas à remplir, en pareil cas, were entrusted with the execution, it
les devoirs de justice qui lui incom- will not hesitate to carry out, in such
bent.
a juncture, the measures of justice
which are necessitated by it.
Néanmoins, la Sublime-Porte espère Nevertheless the Sublime Porte
fermement que
reconnaîtrez firmly hopes that you will recognize
aussi de votre côté, M....., qu'avant on your side, M. ... that before
de prendre une mesure d'une aussi taking a measure of such obvious
évidente gravité, elle est dans l'obli- gravity, it is under the obligation to
gation de vérifier et constater de quelle verify and establish the question of
façon il a été procédé à l'exécution de how the execution of its order has
ses propres ordres; et, comme le been proceeded with; and, as the easi-
moyen le plus facile de pratiquer cette est means of proceeding with this in-
enquête lui semble être d'appeler ici quiry seems to it to be to summon the
les caïmacans, en leur qualité de Caïmacams here, in their quality of
chefs des administrations provisoires heads of the provisional administra-
chargés de l'exécution des ordres dont tion charged with the execution of
il s'agit on leur écrirait de se rendre the orders which are in question, they
aussitôt à Constantinople, en confiant shall be instructed to repair at once
a un vékil (substitut) l'administration to Constantinople, leaving to a vékil
temporaire du pays.
(substitute) the temporary adminis-
tration of the country,
A leur arrivée ici, les caïmacams On their arrival here, the Caïma-
seraient interrogés sur leur conduite, cams shall be interrogated concerning
en ce qui touche la manière dont ils their conduct, in all that touches the
ont rempli les ordres qu'ils étaient manner in which they have carried out
chargés d'exécuter, et, après les inves- the orders which they were instructed
tigations les plus minutieuses, to execute, and after the most minute
examen sérieux et approfondi, le ré- investigations and a serious and pro-
sultat de l'enquête serait soumis au found examination, the result of the
jugement équitable des légations des inquiry shall be submitted to the equi-
hautes puissances contractantes. table judgment of the legations of the
high contracting powers.
un
826
DOCUMENTS
S'il est donc officiellement prouvé If it is then officially proved that
que des illégalités ont eu lieu, la Sub- illegalities have taken place, the Sub-
lime-Porte, pas plus que toute autre lime Porte can, no more than any
des puissances contractantes, ne sau- other contracting power, admit elec-
rait admettre des élections entachées tions tainted with illegality, and it
d'illégalité, et elle se fait un devoir de makes it its duty to declare from to-
déclarer dès aujourd'hui qu'en pareil day that in such a case it believes
cas elle se croit fondée à les annuler. itself justified in annulling them.
Signé: AALI.
Signed: Aali.
Manifesto of the Central Committee of Bucharest (Wallachia). August
3/15, 18571
En vertu des anciens droits de notre In virtue of the ancient rights of
pays, droits consacrés par les Capitu- our country, rights consecrated by the
lations que nos princes moldaves et Capitulations which our Moldavian
valaques ont conclues avec la Sublime- and Wallachian princes concluded
Porte, et en conséquence du Traité de with the Sublime Porte, and in conse-
Paris du 18/30 mars 1856, voulant quence of the Treaty of Paris of the
conserver dans toute leur intégrité ces 18/30 of March, 1856, and wishing
droits de nos ancêtres, qui forment les to conserve in all their integrity these
bases de notre autonomie, et respecter rights of our ancestors, which form
en même temps les droits de suzerai- the basis of our autonomy, and at
neté de la Sublime-Porte, stipulés par the same time respect the rights of
lesdites Capitulations, nous pouvons suzerainty of the Sublime Porte, stip-
résumer ainsi nos voeux :
ulated by the aforesaid Capitulations,
we may thus summarize our wishes :
1° Garantie de notre autonomie et 1. A guarantee of our autonomy
de nos droits internationaux, tels and of our international rights, as
qu'ils ressortent des Capitulations des they are set forth in the Capitulations
années 1393, 1460 et 1513; conclus of the years 1393, 1460 and 1513,
entre les pays roumains et la puissance concluded between the Roumanian
suzeraine; de plus, neutralité du ter- countries and the suzerain power;
ritoire moldo-valaque;
further, neutrality of the Moldo-
Wallachian territory;
2° Union de Valachie et de la Mol- 2. The Union of Moldavia and
davie en un seul État et sous un seul Wallachia into a single State and un-
Gouvernement;
der a single Government;
1 Arch. dip., 1866, pt. 2, p. 73. The date is August 3, O. S.
MOLDAVIA AND WALLACHIA, 1857
827
3° Prince étranger héréditaire, qui 3. A foreign hereditary Prince,
serait choisi dans une dynastie rég- who should be chosen from a reigning
nante de l'Europe, et dont les héritiers, European dynasty, and whose heirs,
nés dans le pays, seraient élevés dans born in the country, should be brought
la religion du pays;
up in the religion of the country.
4º Gouvernement représentatif avec 4. A representative Government
une seule assemblée générale, selon les with a single general assembly, ac-
anciens usages.
Cette assemblée se- cording to the ancient custom. This
rait le produit d'un corps électoral, assembly should be the result of an
formé d'après un système assez large electoral body, formed upon a system
pour que les intérêts de toutes les sufficiently broad so that the interests
classes de la société y fussent repré- of all classes of society would be rep-
sentés.
resented therein.
Telles sont les bases sur lesquelles Such are the bases upon which we
nous croyons qu'il est possible d'éta- believe that it is possible to establish
blir l'organisation politique des deux the political organization of the two
Principautés roumaines.
Roumanian Principalities
Les réformes intérieures seraient Internal reforms should be made by
faites par l'assemblée générale, com- the general assembly, constituted upon
posée d'après le principe exposé au the principle set forth in the fourth
quatrième point et qui se réunirait point, and which would meet after the
après l'établissement de la future con- establishment of the future constitu-
stitution des deux pays.
tion of the two countries.
Toutefois, nous déclarons que no- At the same time, we declare that
tre profession de foi peut se résumer our profession of faith may be
dans ces principes :
summed up in these principles :
Respect du droit de propriété, de Respect for the rights of property
quelque nature que ce soit;
of any kind whatsoever;
Égalité de tous les Roumains devant Equality of all Roumanians before
la loi;
the law;
Liberté individuelle et liberté du Individual liberty and liberty of the
travail pour le paysan.
peasant to work.
Convaincus que, sur les quatre bases Convinced that upon the four
ci-dessus spécifiés, repose l'existence bases above stated rests the political
politique et nationale de notre patrie, and national existence of our country,
nous, soussignés, investis du droit
we, the undersigned, invested with the
électoral, devant confier le sort du right of suffrage, wishing to confide
pays à des députés au Divan ad hoc, the destiny of the country to the depu-
nous engageons à ne donner nos suf- ties to the Divan ad hoc, pledge our-
frages qu'à ceux-là seulement qui, selves to give our votes to those only
avant le jour du scrutin, auront dé- who, before the day of election, shall
828
DOCUMENTS
claré, par écrit, qu'ils adhérent à ces have declared in writing that they ad-
quatre bases, qu'ils les soutiendront en here to these four bases, that they will
toute conscience et voteront, dans le support them conscientiously and that
Divan ad hoc, à visage découvert et they will vote in the Divan ad hoc,
non par bulletin secret.
openly and not by secret ballot.
Les membres des comités réunis: Members of the united committees :
Présidents: C. CREZSULESCO — L. Presidents: C. CREZSULESCO — L.
CALENDAROGLOU.
CALENDAROGLOU.
Vice-présidents: A. GOLESCO — C.
Vice-presidents: A. GOLESCO —- C.
BOASIANO — N. CHRISTOU.
BOASIANO — N. CHRISTOU.
Membres: P. POENARIO - J. J.
Members: P. POENARIO — J. J.
PHILIPPESCO-E. PREDESCO — G. PHILIPPESCO — E. PREDESCO G.
IORANO — P. J. CERNETESCO — J. IORANO — P. J.
IORANO — P. J. CERNETESCO — J.
PENESCO N. NENOVICZ -- C. RA- PENESCO — N. NENOVICZ — C. RA-
COVIZZA · A. ORESCO COSTAPHO- COYIZZA — A. ORESCO — COSTAPHO-
ROU — KIRILOV - KOULOGLOU A. ROU — KIRILOV
KOULOGLOU A.
PETRESCO G. ROMANOV
POLI-
PETRESCO
G. ROMANOV — Poli-
CHRONIADI.
CHRONIADI.
Bucharest, 3/15 août 1857.
Bucharest, 3/15 August 1857.
Dispatches of Aali Pacha to the Caimacam of Moldavia, Ordering a New
Election 1
Constantinople, le 24 août 1857. Constantinople, August 24, 1857.
La Sublime-Porte, en vertu d'une The Sublime Porte, by virtue of an
entente établie entre elle et les six agreement established between it and
puissances consignataires du Traité de the Six Powers, cosignatories to the
Paris, vous ordonne:
Treaty of Paris, orders you:
1° D'annuler les élections qui ont 1. To annul the elections which
eu lieu dans cette province;
have taken place in this Province;
20 De reviser les listes électorales 2. To revise the electoral lists on
sur la base suivante, savoir : l'applica- the following basis, that is to say: the
tion des inteprétations données en Va- application of the intepretations given
lachie à quelques points douteux du in Wallachia to several doubtful points
Firman électoral, dans les cas absolu- of the electoral Firman, in cases abso-
ment identiques, sauf les cas particu- lutely identical, save in the cases pe-
liers à la Moldavie.
culiar to Moldavia ;
3° De procéder aux nouvelles élec- 3. To proceed with new elections,
1 Arch. dip., 1866, pt. 2, p. 74.
MOLDAVIA AND WALLACHIA, 1857
829
tions, à l'expiration de quinze jours,
à dater de la réception de cet ordre.
on the expiration of fifteen days, dat-
ing from the reception of this order.
Constantinople 31 août 1857. Constantinople, August 31, 1857.
Monsieur le Prince, ma dépêche Prince, my telegraphic despatch of
télégraphique du 24 de ce mois vous the 24th of this month has acquainted
a fait connaître la résolution prise par you with the resolution taken by the
la Porte, en conséquence d'une entente Porte to annul the elections in Mol-
entre elle-même et les six autres puis- davia in consequence of the agreement
sances qui ont signé le Traité de Paris, between it and the six other Powers
pour annuler les élections de la Mol- which have signed the Treaty of
davie.
Paris.
Par votre dépêche du 25, nous avons By your dispatch of the 25th, we
appris quelle promptitude vous avez have learned with what promptness
mise à exécuter l'ordre de S. M. le you have put in execution the order
Sultan.
of His Majesty the Sultan
Je n'ai rien à ajouter relativement I have nothing to add with regard
aux instructions données dans mon to the instructions given in my mes-
message indiqué ci-dessus.
sage cited above.
Quant au mode d'exécution, je juge As to the method of execution, I
aussi de mon devoir de faire con- judge it to be also my duty to ac-
naître à Votre Excellence l'opinion quaint your Excellency with the real
réelle de la Sublime-Porte sur la ques- opinion of the Sublime Porte on the
tion.
question.
Avant tout, j'ai l'honneur de vous I have, first of all, the honor of in-
informer que le Gouvernement impé- forming you that the Imperial Gov-
rial est aussi jaloux de ses droits im- ernment is as jealous of its impre-
prescriptibles et est aussi déterminé à scriptible rights and as determined to
les maintenir, qu'il a à cậur de rem- maintain them, as it has the desire at
plir les devoirs qui résultent de ses heart to fulfil the obligations which
engagements.
result from its engagements.
La Sublime-Porte ne peut donc pas The Sublime Porte can, therefore,
avoir d'autre désir que de voir accom- have no other desire than to see ac-
plir, avec la plus grande droiture et la complished, with the greatest direct-
plus grande fidélité, la partie de ses ness and fidelity, the part of its en-
engagements dont l'exécution est con- gagements whose execution is con-
fiée à des autorités qui tiennent d'elle fided to the authorities who hold from
leur mandat.
it their mandate.
Nous sommes d'opinion qu'afin de We are of the opinion that, in order
réaliser ce désir, Votre Excellence ne to realize this desire, your Excellency
peut faire mieux que de suivre lit- can not do better than to follow liter-
I
)
9
)
$
830
DOCUMENTS
téralement les instructions du Firman ally the instructions of the Firman
relatives aux élections, avec les inter- regarding the elections, with the inter-
prétations qui lui ont été données pour pretations given to it for Wallachia,
la Valachie, instructions dont l'appli- instructions which, it has been decreed
cation a été décrétée par toutes les by all the Powers, shall be applied to
puissances, dans des circonstances analogous circumstances in Moldavia. .
semblables, en Moldavie. De cette In this way the responsibility of your
façon, la responsabilité de Votre Ex- Excellency shall be protected and the
cellence sera à couvert, et la Sublime- Sublime Porte will be extremely
Porte sera extrêmement charmée d'ap- charmed to learn that you have car-
prendre que vous avez rempli- ses in- ried out its intentions.
tentions.
La Porte, monsieur le Prince, The Porte, Prince, in this impor-
compte, dans cette importante affaire, tant matter, counts on your devotion
sur votre dévouement aux intérêts de to the interests of the Empire in gen-
l'Empire en général et à ceux de la eral, and to those of the Principality
Principauté en particulier.
in particular.
Signé: AALI
Signed: AALI.
Vote of Union with Wallachia Passed by the Divan ad hoc of Moldavia,
October 7, 1857 1
Procès-verbal No. 7
Formal Minute No. 7
" Adunarea ad-hoc a Moldovei, " The Divan of Moldavia ad hoc,
păşind pe calea ce i s'a prescris de proceeding in the manner prescribed
către Tratatul de Paris, adecă în- for it by the Treaty of Paris, that is,
cepend a rosti dorințele țăriĩ,— în beginning with an expression of the
fața luỹ Dumnedeŭ și a oamenilor, în desires of the country, before God
toată curăţenia cugetului, neavênd în and mankind, in all clearness of con-
privire de cât drepturile și folosul na- science, having nothing in view but
ției române, declară că cele întâi, cele the rights and the welfare of the Ru-
mai mari, mai generale și mai na- manian Nation, declares that the
ționale dorinți ale țerii sunt:
foremost, the greatest, the most gen-
eral, and the most national desires of
the country are:
'1. Respecterea drepturilor Prin- “1. Respect for the rights of the
cipatelor, şi în deosebi a autonomiei Principalities and especially of their
lor, în cuprinderea vechilor lor Capi- autonomy, including their ancient
1 Acte si documente renascerei Romaniei, vol. 6, pt. 1, p. 68.
MOLDAVIA AND WALLACHIA, 1857
831
tulațiĩ încheiate cu Inalta Poartă în Capitulations concluded with the
anii 1393, 1460, 1511 şi 1634.
Sublime Porte in the years 1393,
1460, 1511, and 1634.
"2. Unirea Principatelor într'un “2. Union of the Principalities in
singur Stat sub numele de România. a single State under the name of Ru-
mania.
3. Prinț străin cu moştenirea tro- “ 3. A hereditary foreign Prince,
nuluſ, ales dintr'o dinastie domnitoare elected from one of the reigning dy-
de ale Europei, și ai carui moşteni- nasties of Europe, his heirs to be
torị să fie crescuţi in religia ţării. reared in the religion of the land.
" 4. Neutralitatea pămîntului Prin- “ 4. The neutrality of the terri-
cipatelor.
tories of the Principalities.
“5. Puterea legiuitoare încredin- “5. A legislative power intrusted
țată unei obşteşti Adunări, în care to general Assemblies, in which all
să fie representate toate interesele na- the interests of the Nation shall be
tie.
represented.
“Toate aceste sub garantia colectivă All this under the joint guarantee
a Puterilor care aŭ subscris Tratatul of the Powers which signed the
de Paris.'
Treaty of Paris.'
Vote of Union with Moldavia Passed by the Assembly ad hoc of Wallachia,
October 9, 1857 1
Procès-verbal No. 6
Formal Minute No. 6
Astăļdì, 9 Octombrie, anul 1857,
To-day, October 9, 1857, the
Adunarea ad-hoc, adunându-se în sala Divan ad hoc, convened in the hall of
şedinţelor sale, a votat în unanimitate sessions, unanimously adopted the
următoarea formulă :
following resolution:
Ne unim în principiŭ cu următoa- “We are united, in principle, on
rele patru punturi:
the following four points :
“1. Chezăşuirea autonomiei și a “1. The guarantee of our auton-
drepturilor noastre internaționale, omy and of our international rights,
după cum sunt hotărîte amîndouě prin as both the former and the latter are
Capitualaţiile din anii 1393, 1460, și defined by the Capitulations of the
1513, încheiate între ţările române cu years 1393, 1460, and 1513, con-
Inalta Poartă suzerană; precum și cluded between the Rumanian coun-
neutralitatea teritoriuluſ moldo-ro- tries and the Suzerain Sublime
mân.
Porte; as well as the neutrality of the
Moldavian-Rumanian territory.
1 Acte si documente renascerei Romaniei, vol. 6, pt. 2, p. 43.
832
DOCUMENTS
"2. Unirea ţărilor România şi "2. The union of Rumania and
Moldova într'un singur Stat și sub un Moldavia in a single State under a
singur Guvern.
single Government.
“3. Principe străin cu moştenirea “3. A hereditary foreign prince,
tronului, ales dintr'o familie domni- elected from one of the reigning
toare d'ale Europei, ai căruia moș- families of Europe, whose heirs,
tenitori născuți în țeară am dori să fie born in this country, we should like
crescuţi in religia țării.
to have reared in the religion of the
land.
“ 4. Guvern constituțional repre- “4. A representative constitutional
sentativ, și, după datinele cele vechỉ Government and, according to the an-
ale țării, o singură Adunare obştească, cient usages of the country, a single
care va fi întocmită pe o basă electo- General Assembly organized on a
rală îndestul de largă, în cât să repre- sufficiently broad electoral basis to
sente interesele generale ale popula- represent the general interests of the
ției române."
Rumanian people."
Eminenţia Sa Presidentul convocă
Thereupon His Eminence the
apoi Adunarea pentru Vineri la 10 President called a meeting of the As-
ore, spre a proceda la alegerea unei sembly on Friday at 10 o'clock for
comisiuni pentru facerea unui mem- the purpose of proceeding to elect a
orandum către Comisia europeană committee to draw up a memo-
asupra acestor patru punturi votate randum for the European Commis-
de Adunarea întreagă.
sion in regard to the four points
adopted by the whole Assembly.
După aceasta, d-1 Ioan Brătianu Mr. John Bratianu then proposed :
propuse :
“1. Ca cancelaria Aundări să facă "1. That the secretary of the As-
mai întâiù o adresă către Comisia in- sembly first of all address a communi-
ternațională, prin care să-i facă cono- cation to the International Commit-
scut votul Adunării și recunoscința tee, informing it of the vote of the
Românilor către toate Puterile gar- Assembly and expressing to it the
ante.
gratitude of the Rumanians toward
all the guaranteeing Powers.
“2. Să se facă o adresă, care să “2. That a communication be ad-
se trimită fraţilor noştri Moldovenī, dressed to our Moldavian brethren
spre a-i felicita de inițiativa ce aŭ luat in order to congratulate them on their
şi a le face cunoscut că, urmând şi noi initiative and in order to make known
pe calea ce ei ne-aŭ arătat, nu vom to them that we, following also in the
mai fi în viitor decât un singur trup, path which they pointed out to us,
precum furăm și vom fi un singur shall never in future be aught but a
suflet.”
single body, just as we have been
and shall be a single soul.”
MOLDAVIA AND WALLACHIA, 1857
833
Adunarea aprobă în unanimitate, The Divan unanimously approved
însărcinând biuroul pentru redacția the foregoing and instructed the sec-
acestor adrese.
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, 1858 1
Constatation des veux émis par les
Divans ad-hoc de Valachie
et de Moldavie.
Statement of the votes given by the
Divans ad hoc of Wallachia
and Moldavia.
La Commission instituée par l'art. The Commission instituted by Ar-
23 du Traité de Paris, pour préparer ticle 23 of the Treaty of Paris, to
les bases de la future organisation prepare the bases of the future or-
des Principautés danubiennes, a été ganization of the Danubian Princi-
chargée par l'instruction du Congrès palities, has been charged by instruc-
de prendre en considération l'opinion tion of the Congress to take into con-
émise par les Divans convoqués dans sideration the opinion uttered by the
chacune de ces Principautés.
Divans convoked in each of these
Principalities.
La Commission a donc cru devoir The Commission has therefore
aborder sa tâche par l'examen des thought that it should begin its task
vaux du Divan de Valachie, qui a by the examination of the votes of the
mis fin à ses travaux le 26 (14) Dé- Divan of Wallachia, which ended its
cembre 1857.
labors on December 14/26, 1857.
Les députés valaques se sont bornés The Wallachian deputies limited
à formuler et à développer les quatre themselves to formulating and devel-
points suivants, exposés dans le oping the four following points, re-
procès-verbal No. VII:
ported in formal minute No. VII:
“I. Garantie de l'autonomie et des " I. Guarantee of autonomy and
droits internationaux, tels qu'ils sont, of international rights, as they are
l'une et les autres, définis par les Ca- both defined by the Capitulations be-
pitulations entre les pays roumains et tween the Rumanian countries and
la Sublime Porte Suzeraine dans les the Sublime Porte as Suzerain in the
années 1393, 1460, et 1513; ainsi que years 1393, 1460 and 1513; as well
la neutralité du territoire moldo- as the neutrality of the Moldo-Ru-
roumain.
manian territory.
1 Acte si documente, vol. 6, pt. 2, p. 559.
834
DOCUMENTS
“ II. L'Union de la Roumanie en “ II. The Union of Rumania in a
un seul Etat et sous un seul Gouverne- single State and under a single Gov-
ment.
ernment.
“III. Prince étranger avec l'héré- III. A heriditary foreign prince
dité du trône, élu dans une des dynas- elected from one of the reigning dy-
ties régnantes de l'Europe, dont les nasties of Europe, whose successors,
successeurs, nés dans le pays, seraient born in the country, should be
élevés dans la religion du pays. brought up in the religion of the
country.
“IV. Gouvernement constitution- “IV. A representative constitu-
nel représentatif, et, conformément tional government, and, in conform-
aux anciens usages du pays, une seule ity to the ancient customs of the
Assemblée générale, qui soit assise sur country, a single general assembly,
une large base électorale, de manière to be founded on a broad electoral
à représenter les intérêts généraux de basis, in such a manner as to repre-
la population roumaine."
sent the general interests of the Ru-
manian people.”
Ici la Commission doit constater, en Here the Commission must, in the
premier lieu, la position qui lui est
first place, state the position fixed for
faite par les circonstances dans les- it by the circumstances in which it
quelles elle se trouve placée. Les in- finds itself placed. The last instruc-
structions ultérieures, que les Com- tions which the Commissioners have
missaires ont reçues de leurs Gou- received from their Governments,
vernements, les mettant dans l'impos- placing them beyond the possibility
sibilité de discuter les questions aux- of discussing the questions to which
quelles se rapportent précisément les the statements above mentioned pre-
vaux ci-dessus mentionnés, il en ré- cisely relate, it follows that the Com-
sulte que la Commission ne peut abor- mission can not approach in its col-
der dans son rapport collectif aucune lective report any one of the ques-
des questions, sur lesquelles ont ex- tions upon which the votes of the
clusivement porté les votes du Divan Wallachian Divan exclusively bear.
valaque.
Il n'est pas non plus de la compé- Nor is it any more within the com-
tence de la Commission de constater, petence of the Commission to discuss
si la manière de procéder du dit Divan whether the manner of procedure of
et si les Règlements adoptés pour la the said Divan and the regulations
marche de ses débats sont conformes adopted for the conduct of its de-
ou non aux prescriptions du Firman bates, are in conformity with the pre-
de convocation; car elle n'a pris au- scriptions of the Firman of convoca-
cune part à l'élaboration de ce docu- tion or not; for it has taken no part
MOLDAVIA AND WALLACHIA, 1857
835
ment et son mandat ne l'a point au- in the elaboration of this document
torisée à en interpréter le sens.
and its mandate has not at all author-
ized it to interpret its sense.
Le Mémorandum du Divan valaque The Memorandum of the Walla-
forme une annexe au présent rapport; chian Divan forms an appendix to the
ce document mérite, en raison de son
present report; this document de-
importance, d'être consulté et apprécié serves, by reason of its importance,
dans son ensemble; il parait donc su- to be consulted and estimated in its
perflu d'entrer ici dans une récapitu- entirety; it therefore appears super-
lation minutieuse de son contenu, fluous to enter here into a minute re-
ainsi que de faire une analyse générale capitulation of its contents, as, like-
des actes et des délibérations enregis- wise to make a general analysis of the
trés dans les procès-verbaux de l'As- acts and deliberations recorded in the
semblée.
proceedings of the Assembly.
Aussi, la Commission, ne pouvant Moreover, the Commission, being
franchir les limites imposées par les unable to overstep the limits imposed
observations qui précèdent, se bornera by the preceeding observations, will
à signaler brièvement les faits sui- confine itself to pointing out briefly
vants, sans toutefois prétendre di- the following facts, without however
minuer l'importance de ceux dont elle pretending to diminish the impor-
s'abstient de faire une mention spé- tance of those of which it abstains
ciale.
from making special mention.
Le Mémorandum du Divan valaque The Memorandum of the Walla-
fait valoir:
chian Divan sets forth:
1. Que les Principautés ont tou- 1. That the Principalities have al-
jours respecté les liens qui les rat-
ways respected the ties which bind
tachent à l'Empire ottoman et il dé- them to the Ottoman Empire and de-
clare que la reconnaissance de leurs clares that the recognition of their
droits ne peut qu'augmenter la force rights can only augment the power of
de cet Empire.
this Empire.
2. Il définit la nature des liens, qui 2. It defines the nature of the ties
existent entre la Sublime Porte et les which exist between the Sublime
Principautés, en cherchant également Porte and the Principalities, while
à établir quels sont les droits de ces also seeking to establish what are the
Principautés.
rights of these Principalities.
3. En demandant l'Union des Prin-
3. In demanding the Union of the
cipautés comme une satisfaction à ac- Principalities as a satisfaction to be
corder aux vaux du pays et comme accorded to the wishes of the country
un moyen d'en augmenter les res- and as a means of augmenting its re-
sources, le Mémorandum fait valoir
sources, the Memorandum lays stress
les rivalités et les jalousies des fa- on the rivalries and jealousies of the
836
DOCUMENTS
i
milles indigènes, pour conclure à l'im- native families, in order to deduce the
possibilité d'un Gouvernement stable impossibility of a stable government
d'un de leurs membres et prouver la by one of their members and to prove
nécessité impérieuse de placer sur le the imperative necessity of placing
trône de la Moldo-Valachie un Prince on the throne of Moldo-Wallachia a
issu d'une des maisons souveraines de Prince who is the issue of one of the
l'Europe.
sovereign houses of Europe.
4. Le Divan établit, en vertu des 4. The Divan establishes, in virtue
Capitulations déjà invoquées le droit of the Capitulations already invoked,
de la nation d'élire ses Princes où bon
the right of the nation to elect its
lui semble et de les déclarer hérédi- Princes wherever it thinks best and
taires. Cependant les hautes Puis- to declare them hereditary. Never-
sances étant plus compétentes à faire theless the great Powers being more
ce choix, il exprime sa confiance dans competent to make this choice, it ex-
leur sagesse et se montre persuadé que presses its confidence in their wis-
l'élu du Congrès sera accueilli comme dom and shows itself to be persuaded
s'il était l'élu de la nation elle-même. that the elect of the Congress will be
received as though he were elected by
the nation itself.
Passant à l'étude des actes du Divan
Passing to the examination of the
moldave, qui n'a clos ses travaux que acts of the Moldavian Divan, which
le 21 Décembre 1857 (2 Janvier only closed its labors the 21st of De-
1858), la Commission constate, cember, 1857 (January 2d, 1858), the
d'abord, que cette Assemblée a suivi Commission asserts, first, that this
au début une marche analogue à celle Assembly followed in the beginning
adoptée par le Divan de Valachie, en
a course analogous to that adopted
formulant ses vœux dans les cinq by the Divan of Wallachia by formu-
points suivants :
lating its wishes in the five following
points:
" I. Le respect des droits des Prin- “I. Respect for the rights of the
cipautés et particulièrement de leur Principalities and particularly for
autonomie, d'après la teneur de leurs their autonomy, according to the
anciennes Capitulations, conclues avec tenor of their ancient Capitulations
la S. Porte en 1393, 1460, 1511 et concluded with the Sublime Porte in
1634.
1393, 1460, 1511 and 1634.
“II. L'Union des Principautés en II. Union of the Principalities
un seul Etat, avec le nom de Rou- in a single State, with the name of
manie.
Rumania.
“III. Un Prince étranger hérédi- “ III. An hereditary foreign
taire, élu parmi les dynasties rég- Prince elected from among the reign-
MOLDAVIA AND WALLACHIA, 1857
837
!
nantes de l'Europe et dont les héri- ing dynasties of Europe, and whose
tiers seront élevés dans la religion du heirs shall be brought up in the re-
pays.
ligion of the country.
“ IV. Le neutralité du territoire des “IV. Neutrality of the territory
Principautés.
of the Principalities.
“ V. Le pouvoir législatif confié à “V. Legislative power intrusted to
une Assemblée générale. ...
a general assembly. .
Fait à Bucarest, le 7 Avril (26 Done at Bucharest, March 26/April
Mars) 1858.
7, 1858.
(Signés :) LIEHMANN, TALLEY- (Signed :) LIEHMANN, TALLEY-
RAND, H. L. BULWER, RICHTHOFEN, RAND, H. L. BULWER, RICHTHOFEN,
BASILY, BENZI, E. SAFVET.
BASILY, BENZI, E. SAFVET.
1
1
.
Vote of Wallachia Electing Alexander John Couza Prince of Wallachia,
January 24, 1859 2
Principatele Unite. Adunarea elec- The United Principalities.
tivă a Țărei Româneşti.
Elective Assembly of Rumania.
Astăzî, Sâmbătă, in 24 Ianuarie, To-day, Saturday, January 24, the
Adunarea electivă procedând la vot Elective Assembly having proceeded
pentru alegerea Domnului sěŭ, re- to vote for the purpose of electing its
sultatul a fost că, cu unanimitate, s'a Prince, the result was that Alexander
ales Alexandru Ioan I Cuza, Domnul John I Cuza, present Prince of Mol-
actual al Moldaveĩ, și s'a proclamat davia, was unanimously elected and
Domn și al Těrei Româneștř. Se proclaimed Prince also of Rumania.
constată acest resultat sub iscălitura In witness whereof the signatures of
președinteluſ și ale secretarilor.
the President and of the Secretaries
are hereunto affixed.
Președintele (subscris),
(Signed) NIFON MITROPOLIT,
NIFON, MITROPOLIT.
President
Secretarič (subscrisi),
A. ARSACHE,
A. ARSACHE,
I. CANTACUZINO,
I. CANTACUZINO,
D. BRATIANU,
D. BRĂTIANU,
S. FALCOIANU,
S. FĂLCOIANU.
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 Ionian Assembly for Union with Greece. January 27, 1859 1
... The Assembly of the Seven Islands proclaims that the sole and unani-
mous will déinois) 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, 1863
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 Ionian 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 (délnous)
of the Ionian people has been, and is, for the union of the whole of the Seven
Islands with the kingdom of Greece."
The Ionian 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 1
MR. PRESIDENT AND GENTLEMEN,
I have received, under date of 20 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
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 Ionian 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. Sir E. B. Lytton,
Bart.1
(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.
1
I have, &c.
(Signed) H. K. STORKS.
The Right Hon. Sir. E. B. Lytton, Bart.,
&c. &c. &c.
Resolutions Presented to the Ionian Assembly, March, 1861 2
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 François Lenormant, La Question Ionienne devant l'Europe, pp. 144–145, Paris, 1859.
2“ Ionian Islands,” British Parliamentary Papers, 1861, vol. 67 [2891), pp. 7, 8.
842
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, I 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 foreign protection.
(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 (délnous) 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-
miate 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
843
which have long ceased to exist. This is the first step which the interest of
Europe and the rights of Hellenism (rà dikala rñs 'Elinvíkórytos) require. The
question (Zhrnua) of the union of the Seven Islands to the existing (vūv) 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 (ênitakwTepov) on the part of the stronger, the
execution and fulfilment of the principles and dogmas acknowledged and pro-
claimed by himself (πας αυτού του ιδίου).
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 (o.s.) February 1861
Notification of Warning by the Lord High Commissioner to the Assembly.
March 12, 1861 1
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" Ionian 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 1
This Message 2 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 4
Foreign Office, June 10, 1863.
MY LORD,
The time is at hand when Her Majesty's declaration of her readiness to
1“ Ionian Islands,” British Parliamentary Papers, 1861, vol. 67 (2891), p. 12.
2 See supra.
3 Brit. St. Pap., vol. 57, p. 1067.
4 Laid 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 Ionian 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 1 in the month of June of
that year. But on the 4th of June 2 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 Ionian 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, 1815,1 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 I 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, 1800,2 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 Ionian
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 Ionian 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.
I am, &c.
RUSSELL,
Lord Bloomfield.
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. Signed at London, July 13, 1863 1
Au nom de la Très Sainte et Indi- In the name of the Most Holy and
visible Trinité.
Indivisible Trinity.
Leurs Majestés la Reine du Ro- Their Majesties the Queen of the
yaume Uni de la Grande Bretagne et United Kingdom of Great Britain
d'Irlande, l'Empereur des Français, et and Ireland, the Emperor of the
l'Empereur de toutes les Russies, dé- French, and the Emperor of all the
sirant aplanir les difficultés survenues Russias, being anxious to smooth the
dans le Royaume de Grèce, placé sous difficulties which have occurred in the
leur commune garantie, ont jugé kingdom of Greece, placed under their
nécessaire de s'entendre sur les ar- common guarantee, have judged it
rangements à prendre, afin de réaliser necessary to come to an understand-
les voeux de la nation Grecque qui ing with regard to the arrangements
appelent le Prince Guillaume de Dane- to be taken in order to give effect to
mark au trône Hellénique.
the wish of the Greek nation, which
calls Prince William of Denmark to
the Hellenic Throne.
De son côté, Sa Majesté le Roi de His Majesty the King of Denmark,
Danemark, se rendant à l'invitation on his part, responding to the invita-
de leurs dites Majestés, a consenti à tion of their said Majesties, has con-
leur prêter son concours en vue de ce sented to afford them his co-operation
résultat, conforme aux intérêts de la with a view to that result, conform-
paix générale.
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
849
En conséquence Leurs Majestés la In consequence, their Majesties the
Reine du Royaume Uni de la Grande Queen of the United Kingdom of
Bretagne et d'Irlande, l'Empereur des Great Britain and Ireland, the Em-
Français, et l'Empereur de toutes les peror of the French, and the Emperor
Russies d'une part, et Sa Majesté le of all the Russias, on the one part,
Roi de Danemark de l'autre, ont ré- and His Majesty the King of Den-
solu de conclure un Traité, et à cet mark on the other, have resolved to
effet ont nommé pour leurs Plénipo- conclude a Treaty, and have for that
tentiaires, savoir :
purpose named as their Plenipoten-
tiaries, that is to say:
[Here follow the names of plenipo-
tentiaries.]
ARTICLE 1
ARTICLE 1
Sa Majesté le Roi de Danemark, His Majesty the King of Denmark,
d'accord avec le Prince Christian de
in accordance with the Prince Chris-
Danemark, agissant en qualité de tu- tian of Denmark, acting in the char-
teur de son fils puiné le Prince Chris-
acter of guardian of his second son
tian Guillaume Ferdinand Adolphe Prince Christian William Ferdinand
George, accepte pour ce Prince, encore Adolphus George, accepts for that
mineur, la Souveraineté héréditaire de Prince, a minor, the hereditary sov-
la Grèce, qui lui est offerte par le ereignty of Greece, which is offered
Sénat et par l'Assemblée Nationale de
to him by the Senate and the National
la Grèce au nom de la nation. Hellé- Assembly of Greece in the name of
nique.
the Hellenic nation.
ARTICLE 2
ARTICLE 2
Le Prince Guillaume de Danemark
portera le titre de George I, Roi des
Grecs.
The Prince William of Denmark
shall bear the title of George I, King
of the Greeks.
ARTICLE 3
ARTICLE 3
La Grèce, sous la souveraineté du
Greece, under the sovereignty of
Prince Guillaume de Danemark, et la Prince William of Denmark, and the
garantie des 3 Cours, forme un Etat guarantee of the three Courts, forms
monarchique, indépendant, constitu- a monarchical, independent and con-
tionnel.
stitutional State.
ARTICLE 4
ARTICLE 4
Les limites du territoire Grec, dé- The limits of the Greek territory,
terminées par l'arrangement conclu à determined by the arrangement con-
850
DOCUMENTS
Constantinople entre les trois Cours cluded at Constantinople between the
et la Porte Ottomane le 21 Jullet 1832, three Courts and the Ottoman Porte
recevront une extension par la réunion on the 21st of July, 1832, shall re-
des Iles Ioniennes au Royaume Hellé- ceive an extension by the union of the
nique, à l'époque où cette réunion, pro- Ionian Islands with the Hellenic
posée par le Gouvernement de Sa Kingdom, when such union, proposed
Majesté Britannique, aura été trouvée by the Government of Her Britannic
d'accord avec les væux du Parlement Majesty, shall have been found to be
Ionien, et où elle aura obtenu l'assen- in accordance with the wishes of the
timent des Cours d'Autriche, de Ionian Parliament, and shall have ob-
France, de Prusse, et de Russie. 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, Prussia and Russia. August 1, 1863 1
Présents: les Plénipotentiaires de Present: The Plenipotentiaries of
l'Autriche, de la France, de la Grande- Austria, France, Great Britain, Prus-
Bretagne, de la Prusse et de la Russie. sia and Russia.
Le principal secrétaire d'Etat de Sa The Principal Secretary of State
Majesté Britannique pour les Affaires of Her Britannic Majesty explained
étrangères a exposé les raisons qui the reasons which induce the Govern-
déterminent le Gouvernement de Sa ment of Her Majesty to come to an
Majesté à s'entendre avec les Cours understanding with the Courts of
d'Autriche, de France, de Prusse et Austria, France, Prussia, and Russia
de Russie sur la révision du Traité as to the revision of the Treaty of
du 5 novembre 1815, en vertu duquel the 5th of November, 1815, in virtue
les Iles Ioniennes ont été placées sous of which the Ionian Islands were
la protection immédiate et exclusive placed under the immediate and ex-
de la Grande-Bretagne. Animé du clusive protection of Great Britain.
désir de consolider par de nouveaux Animated by the desire to consoli-
arrangements le bien-être des popu- date by new arrangements the welfare
lations confiées jusqu'ici à sa sollici- of the people hitherto confided to its
tude, le Gouvernement de Sa Majesté care, the Government of Her Britan-
Britannique considérerait la réunion nic Majesty would consider the union
des Iles Ioniennes au Royaume hellé- of the Ionian Islands to the Hellenic
nique comme la solution la plus con- Kingdom as the solution most con-
1 Martens, N. R. G., vol. 18, p. 53. Translation from “ Ionian Islands,” British Parlia-
mentary Papers, 1864, vol. 66 (3247], p. 7.
THE IONIAN ISLANDS, 1863
851
forme aux intérêts mutuels des deux formable to the mutual interests of
pays, liés entre eux par une commu- the two countries, connected with
nauté d'origine et de croyance reli- each other by community of origin
gieuse.
and of religious belief.
Les représentants d'Autriche, de The Representatives of Austria,
France, de Prusse et de Russie ont France, Prussia, and Russia de-
déclaré:
clared :
Que leurs Cours reconnaissent That their Courts unanimously ac-
unanimement au Gouvernement de Sa knowledged the right of the Govern-
Majesté Britannique le droit de re- ment of Her Britannic Majesty to
noncer à l'exercice du protectorat ex- renounce the exercise of the exclusive
clusif établi par le Traité du 5 no- Protectorate established by the Treaty
vembre 1815;
of the 5th of November, 1815:
Qu'elles sont disposées à accorder That they are disposed to grant
leur assentiment et à prêter leur con- their assent and to lend their support
cours à la réunion des Iles Ioniennes to the union of the Ionian Islands to
au Royaume hellénique, si les veux the Hellenic Kingdom, if the wish of
du Parlement ionien se prononcent en the Ionian Parliament should be pro-
faveur de ce plan;
nounced in favour of that plan:
Qu'elles réservent au Gouverne- That they reserve to the Govern-
ment de Sa Majesté Britannique de ment of Her Britannic Majesty to
consulter à ce sujet les représentants consult the Representatives of the
de l'Etat Septinsulaire:
Septinsular State on this subject :
Qu'après avoir acquis la certitude That after having obtained certain
de l'adhésion de cette assemblée, les knowledge of the assent of that As-
Cours d'Autriche, de France, de sembly, the Courts of Austria, France,
Prusse et de Russie se déclareront Prussia and Russia will declare them-
prêtes à se concerter avec le Gouverne- selves ready to come to an agreement
ment de Sa Majesté Britannique sur with the Government of her Britannic
la rédaction définitive du Traité des Majesty with regard to the definitive
tiné à placer l'arrangement proposé terms of the Treaty destined to place
sous la sanction d'un acte européen. 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 1
MR. PRESIDENT AND GENTLEMEN,
“ You have already learnt from my proclamation the reasons which induced
the Protecting Sovereign to dissolve the late Ionian 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:
"' 1. 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.
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 Ionian revenue, the sum of
10,0001. yearly in augmentation of the Civil List of his Majesty King George.1
"3. I shall call upon you to recognize all contracts and engagements en-
tered into by or on behalf of the Ionian 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 90,2891.5s.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.3
“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 Ionian 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, 18634
“ 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.
3 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. I, 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 I, 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. Signed at
London, November 14, 1863 1
Au nom de la très-sainte et indivi- In the Name of the Most Holy and
sible Trinité.
Indivisible Trinity.
Sa Majesté la Reine du Royaume- Her Majesty the Queen of the
Uni de la Grande-Bretagne et d'Ir- United Kingdoms of Great Britain
lande ayant fait connaître à Leurs and Ireland having made known to
Majestés l'Empereur d'Autriche, their Majesties the Emperor of Aus-
l'Empereur des Français, le Roi de tria, the Emperor of the French, the
Prusse et l'Empereur de toutes les King of Prussia, and the Emperor of
Russies, que l'Assemblée Législative all the Russias, that the Legislative
des Etats-Unis des Iles Ioniennes, dû- Assembly of the United States of the
ment informée de l'intention de Sa Ionian Islands, having been duly in-
Majesté de consentir à l'union de ces formed of the intention of Her Maj-
Iles au Royaume de Grèce, s'est pro- esty to consent to the union of those
noncée unanimement en faveur de Islands to the Kingdom of Greece,
cette union; et la condition établie par has unanimously pronounced in fa-
la dernière clause du Protocole signé vour of that union; and the condition
par les Plénipotentiaires des Cinq prescribed by the last clause of the
Puissances le 1°' août dernier se trou- Protocol signed by the Plenipotentia-
vant ainsi remplie, Leurs dites Ma- ries of the Five Powers on the 1st
jestés, savoir, la Reine du Royaume- of August last being thus fulfilled,
Uni de la Grande-Bretagne et d'Ir- their said Majesties, that is to say,
lande, l'Empereur d'Autriche, l'Em- the Queen of the United Kingdom
pereur des Français, le Roi de Prusse, of Great Britain and Ireland, the Em-
et l'Empereur de toutes les Russies, peror of Austria, the Emperor of the
ont résolu de constater par un Traité French, the King of Prussia and the
solennel l'assentiment qu'elles ont Emperor of all the Russias, have re-
donné à cette union, en stipulant les solved to record in a solemn Treaty
conditions sous lesquelles elle s'ef- the assent which they have given to
fectuerait.
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
855
time the conditions under which it
shall be effected,
A cet effet Leurs dites Majestés ont For this purpose their said Majes-
nommé pour leurs Plénipotentiaires, ties have named as their Plenipoten-
savoir :
tiaries, that is to say:
[Here follow the names of pleni-
potentiaries.]
ARTICLE 1. Sa Majesté la Reine ARTICLE 1. Her Majesty,
the
du Royaume-Uni de la Grande-Bre- Queen of the United Kingdom of
tagne et d'Irlande renonce, sous les Great Britain and Ireland renounces,
conditions ci-dessous spécifiées, au on the conditions hereinafter specified,
Protectorat des Iles de Corfou, Cepha- the Protectorate over the Islands of
lonie, Zante, Sainte-Maure, Ithaque, Corfu, Cephalonia, Zante, Santa
Cerigo, et Paxo, avec leurs dépen- Maura, Ithaca, Cerigo, and Paxo,
dances, que le Traité signé à Paris le with their dependencies, which, by the
5 novembre 1815, par les Plénipoten- Treaty, signed at Paris on the 5th of
tiaires de la Grande-Bretagne, d’Au- November, 1815, by the Plenipoten-
triche, de Prusse et de Russie, a con- tiaries of Great Britain, Austria,
stitué en un seul Etat libre et indé- Prussia and Russia, were constituted a
pendant, sous la dénomination d'Etats- single free and independent State, un-
Unis des Iles Ioniennes, placé sous la der the domination of the United
protection immédiate et exclusive de States of the Ionian Islands, placed
Sa Majesté le Roi du Royaume-Uni under the immediate and exclusive
de la Grande-Bretagne et d'Irlande, protection of His Majesty the King
ses héritiers et successeurs.
of the United Kingdom of Great Brit-
ain and Ireland, his heirs and suc-
cessors.
Leurs Majestés l'Empereur d'Au- Their Majesties the Emperor of
triche, l'Empereur des Français, le Roi Austria, the Emperor of the French,
de Prusse, et l'Empereur de toutes les the King of Prussia, and the Emperor
Russies, acceptent, sous les conditions of all the Russias accept, on the con-
ci-dessous spécifiées, l'abandon que Sa ditions hereinafter specified, the re-
Majesté la Reine du Royaume-Uni de nunciation by Her Majesty the Queen
la Grande-Bretagne et d'Irlande fait of the United Kingdom of Great Brit-
du Protectorat des Etats-Unis des Iles ain and Ireland of the Protectorate
Ioniennes, et reconnaissent, conjointe- of the Ionian Islands; and, in con-
ment avec Sa Majesté, l'union des dits junction with Her Majesty, recognize
Etats au Royaume Hellénique.
the union of the said States with the
Hellenic Kingdom.
ARTICLE 2. Les Iles Ioniennes, ARTICLE 2. The Ionian Islands,
après leur union au Royaume de after their union to the Kingdom of
856
DOCUMENTS
Grèce, jouiront des avantages d'une
neutralité perpétuelle;
Greece, shall enjoy the advantages of
a perpetual neutrality;
ARTICLE 3. Comme conséquence ARTICLE 3. As a necessary con-
nécessaire de la neutralité dont les
sequence of the neutrality to be thus
Etats-Unis des Iles Ioniennes sont ap- enjoyed by the United States of the
pelés ainsi à jouir, les fortifications Ionian Islands, the fortifications con-
construites dans l'Ile de Corfou et structed in the Island of Corfu and
dans ses dépendances immédiates, its immediate dependencies, having no
étant désormais sans objet, devront longer any object, shall be demolished,
être démolies, et leur démolition s'ef- and the demolition thereof shall be
fectuera avant la retraite des troupes effected previously to the withdrawal
employées par la Grande-Bretagne à of the troops employed by Great Brit-
occuper ces Iles en sa qualité de Puis- ain for the occupation of those
sance protectrice. Cette démolition
Cette démolition Islands in her character as Protecting
se fera de la manière que Sa Majesté Power. This demolition shall take
la Reine du Royaume-Uni de la place in such manner as Her Majesty
Grande-Bretagne et d'Irlande jugera the Queen of the United Kingdom of
suffisante pour remplir les intentions Great Britain and Ireland shall deem
des Hautes Parties Contractantes. sufficient to fulfill the intentions of
the High Contracting Parties.
ARTICLE 4. La réunion des Iles ARTICLE 4. The union of
of the
Ioniennes au Royaume Hellénique Ionian Islands to the Hellenic King-
n'apportera aucun changement aux dom shall not involve any change as
avantages acquis à la navigation et au to the advantages conceded to foreign
commerce étrangers en vertu
de
commerce and navigation in virtue of
Traités et de Conventions conclus par Treaties and Conventions concluded
les Puissances étrangères avec le by foreign Powers with the Govern-
Gouvernement de Sa Majesté Brit- ment of Her Britannic Majesty, in
tannique, en sa qualité de Protectrice her character of Protector of the
des Etats-Unis des Iles Ioniennes. United States of the Ionian Islands.
Tous les engagements qui résultent All the engagements which result
des dites transactions, ainsi que des from the said transactions, as well as
règlements actuellement en vigueur, from the regulations actually in force,
seront maintenus et strictement ob- shall be maintained and strictly ob-
servés comme par le passé.
served as hitherto.
En conséquence il est expressément In consequence, it is expressly un-
entendu que les bâtiments et le com- derstood that foreign vessels and com-
merce étrangers dans les ports Ioni- merce in Ionian ports, and, recipro-
ens, et, réciproquement, les bâtiments cally, Ionian vessels and commerce in
et le commerce Ioniens dans les ports foreign ports, as well as the naviga-
THE IONIAN ISLANDS, 1863
857
܀
étrangers, de même que la navigation tion between Ionian ports and the
entre les ports Ioniens et ceux de la ports of Greece, shall continue to be
Grèce, continueront à être soumis au subject to the same treatment, and
même traitement et placés dans les placed under the same conditions, as
mêmes conditions qu'avant la réunion before the union of the Ionian Islands
des Iles Ioniennes à la Grèce.
to Greece.
ARTICLE 5. La réunion des Etats ARTICLE 5. The union of the
Unis des Iles Ioniennes au Royaume United States of the Ionian Islands
de Grèce n'invalidera en rien les prin- to the Kingdom of Greece shall in no
cipes établis par la législation exist- wise invalidate the principles estab-
ante de ces Iles, en matière de liberté lished by the existing legislation of
du culte et de tolérance religieuse; those Islands with regard to freedom
conséquemment, les droits et immu- of worship and religious toleration;
nités consacrés en matière de religion accordingly the rights and immunities
par les Chapitres I et V de la Charte established in matters of religion by
Constitutionelle des Etats Unis des Chapters 1 and 5 of the Constitutional
Iles Ioniennes, et spécialement la Charter of the United States of the
reconnaissance de l'Eglise Grecque Ionian Islands, and specifically the
Orthodoxe comme religion dominante recognition of the Orthodox Greek
dans ces Iles; l'entière liberté du culte Church as the dominant religion in
accordée à l'Eglise de l'Etat de la those Islands; the entire liberty of
Puissance Protectrice; et la parfaite worship granted to the Established
tolérance promise aux autres com- Church of the Protecting Power; and
munions Chrétiennes, --- seront main- the perfect toleration promised to
tenus après l'union dans toute leur other Christian communions,-- shall,
force et valeur.
after the union, be maintained in their
full force and effect.
La protection spéciale garantie à The special protection guaranteed
l'Eglise Catholique Romaine, ainsi que to the Roman Catholic Church, as well
les avantages dont elle est présente- as the advantages of which that
ment en possession, seront également Church is actually in possession, shall
maintenus; et les sujets appartenant be equally maintained; and the sub-
à cette communion jouiront dans les jects belonging to that communion
Iles Ioniennes de la même liberté de shall enjoy in the Ionian Islands the
culte qui leur a été reconnue en Grèce same freedom of worship which is
par le Protocole du 3 Février, 1830. recognized in their favour by the Pro-
tocol of the 3rd of February, 1830.
Le principe de l'entière égalité ci- The principle of entire civil and po-
vile et politique entre les sujets ap- litical equality between subjects be-
partenant aux divers rites, consacré longing to different creeds, established
en Grèce par le même Protocole, sera in Greece by the same Protocol, shall
858
DOCUMENTS
:
pareillement en vigueur dans les Iles be likewise in force in the Ionian
Ioniennes.
Islands,
ARTICLE 6. Les Cours de France, ARTICLE 6. The Courts of France,
de la Grande Bretagne, et de Russie, Great Britain, and Russia, in their
en leur qualité de Puissances Garantes character of Guaranteeing Powers of
du Royaume de Grèce, se réservent the Kingdom of Greece, reserve to
de conclure un Traité avec le Gouv- themselves to conclude a Treaty with
ernement Hellénique sur les arrange-
the Hellenic Government with regard
ments que pourra nécessiter la réu- to the arrangements which may be
nion des Iles Ioniennes à la Grèce. rendered necessary by the union of
the Ionian Islands to Greece.
Les forces militaires de Sa Majesté The military forces of Her Majesty
la Reine du Royaume Uni de la the Queen of the United Kingdom of
Grande Bretagne et d'Irlande seront Great Britain and Ireland shall be
retirés du territoire des Etats Unis withdrawn from the territory of the
des Iles Ioniennes dans l'espace de United States of the Ionian Islands in
trois mois, ou plus tôt si faire se peut, three months, or sooner if possible,
après la ratification du susdit Traité. after the ratification of the said
Treaty.
ARTICLE 7. Les Cours de France, , ARTICLE 7. The Courts of France,
de la Grande-Bretagne et de Russie, Great Britain, and Russia engage to
s'engagent à communiquer aux Cours communicate to the Courts of Austria
d'Autriche et de Prusse le Traité and Prussia the treaty which they
qu'elles auront conclu avec le Gou- shall have concluded with the Hellenic
vernement Hellénique conformément Government in conformity with the
à l'Article précédent.
preceding Article.
ARTICLE 8. Les Hautes Parties ARTICLE 8. The High Contract-
Contractantes conviennent entr'elles, ing Parties agree that from and after
qu'après la mise à exécution des ar- the coming into operation of the ar-
rangements compris dans le présent rangements comprised in the present
Traité, les stipulations du Traité du Treaty, the stipulations of the Treaty
5 Novembre, 1815, conclu entre les of the 5th of November, 1815, con-
Cours de la Grande Bretagne, d'Au- cluded between the Courts of Great
triche, de Prusse, et de Russie, relatif Britain, Austria, Prussia, and Russia,
aux Etats Unis des Iles Ioniennes, relative to the United States of the
cesseront d'être en vigueur, à l'excep- Ionian Islands, shall cease to be in
tion de la clause par laquelle les Cours force, with the exception of the clause
d'Autriche, de Prusse, et de Russie whereby the Courts of Austria, Prus-
ont renoncé à tout droit ou prétention sia, and Russia renounced every right
particulière qu'elles pourraient avoir or particular pretension which they
sur toutes ou sur quelques-unes des might have formed in respect to all
THE IONIAN ISLANDS, 1863
859
Iles ou de leurs dépendances, recon- or any of those Islands or their de-
nues par le Traite du 5 Novembre, pendencies, recognized by the Treaty
1815, comme formant un seul Etat of the 5th of November, 1815, as
libre et indépendant, sous la dénomi- forming a single free and independ-
nation des Etats Unis des Iles Io- ent State under the denomination of
niennes. Par le présent. Traité Leurs the United States of the Ionian
Majestés la Reine du Royaume Uni Islands. By the present Treaty their
de la Grande Bretagne et d'Irlande, Majesties the Queen of the United
l'Empereur d'Autriche, l'Empereur
l'Empereur Kingdom of Great Britain and Ire-
des Français, le Roi de Prusse, et land, the Emperor of Austria, the
l'Empereur de toutes les Russies, Emperor of the French, the King of
renouvellent et confirment la dite re- Prussia, and the Emperor of all the
nonciation en leur nom, pour leurs Russias, renew and confirm the said
héritiers et leurs successeurs.
renunciation in their name, for their
heirs and successors.
ARTICLE 9. Le présent Traité sera ARTICLE 9. The present Treaty
ratifié, et les ratifications en seront shall be ratified, and the ratifications
échangées à Londres dans le délai de shall be exchanged at London in six
six semaines, ou plus tôt si faire se weeks, or sooner if possible.
peut.
En foi de quoi les Plénipotentiaires In witness whereof, the respective
respectifs l'ont signé, et y ont apposé Plenipotentiaries have signed the
le cachet de leurs armes.
same, and have affixed thereto the
seals of their arms.
Fait à Londres, le quatorze Novem- Done at London, the fourteenth
bre, en l'an de grace mil huit cent soi- day of November, in the year of our
xante-trois.
Lord one thousand eight hundred and
sixty-three.
(L. S.) RUSSELL,
(L. S.) RUSSELL.
(L. S.) WIMPFFEN,
(L. S.) WIMPFFEN.
(L. S.) CADORE,
(L. S.) CADORE.
(L. S.) BERNSTORFF,
(L. S.) BERNSTORFF.
(L. S.) BRUNNOW.
(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. Signed at London, March 29, 1864 1
Au Nom de la très-sainte et indivi-
In the name of the Most Holy and
sible Trinité.
Indivisible Trinity.
Sa Majesté la Reine du Royaume- Her Majesty the Queen of the
Uni de la Grande-Bretagne et d'Ir- United Kingdom of Great Britain and
lande a fait connaître à l'Assemblée Ireland has informed the Legislative
Législative des Etats-Unis des Iles Assembly of the United States of the
Ioniennes, qu'en vue de réunir éven- Ionian Islands that with reference to
tuellement ces Iles au Royaume de the eventual union of these Islands
Grèce, Elle était prête, si le Parle- with the Kingdom of Greece, she is
ment Ionien en exprimait le vou, à ready, if the Ionian Parliament should
faire abandon du Protectorat de ces express the wish, to give up the Pro-
Iles, confié à Sa Majesté par le Traité tectorate of these Islands, confided to
conclu à Paris, le 5 novembre 1815, Her Majesty by the Treaty of Paris
entre les Cours de la Grande-Bretagne, of November 5, 1815, between the
d'Autriche, de Prusse et de Russie. Courts of Great Britain, Austria, Rus-
Ce veu ayant été manifesté par un sia and Prussia. This desire having
vote de la dite Assemblée Législative, been manifested by a vote of the
rendu à l'unanimité des voix le 7/19 aforesaid Legislative Assembly, given
Octobre 1863, Sa Majesté Britannique with unanimity on October 7/19
a consenti, par l'Article 1e' du Traité 1863, her Britannic Majesty, by Arti-
conclu le 14 novembre 1863, entre Sa cle 1 of the Treaty concluded on the
Majesté, l'Empereur d'Autriche, l'Em- 14th of November, 1863, between His
pereur des Français, le Roi de Prusse Majesty, the Emperor of Austria, the
et l'Empereur de toutes les Russies, à Emperor of the French, the King of
renoncer au dit Protectorat, sous de Prussia, and the Emperor of All the
certaines conditions spécifiées dans le Russias, has consented to renounce
Traité précité et définies, depuis lors, the aforesaid Protectorate under cer-
par les Protocoles subséquents.
tain conditions specified in the Treaty
cited, and defined, since then, by sub-
sequent protocols.
De leur côté, Leurs Majestés l'Em- On their side, their Majesties the
pereur d'Autriche, l'Empereur des Emperor of Austria, the Emperor of
Français, le Roi de Prusse et l'Em- the French, the King of Prussia and
pereur de toutes les Russies ont con- the Emperor of All the Russias, by
senti, par le même Article et sous les 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
861
mêmes conditions, à accepter cette re- conditions, have consented to accept
nonciation et à reconnaître, conjointe- this renunciation and to recognize,
ment avec Sa Majesté Britannique, conjointly with her Britannic Majes-
l'union de ces Iles au Royaume de ty, the union of these Islands to the
Grèce.
Kingdom of Greece.
En vertu de l'Article V du Traité By virtue of Article V of the
signé à Londres le 13 juillet 1863, Treaty signed at London, July 13,
il a été convenu en outre, d'un com- 1863, it has been further agreed by
mun accord, entre Sa Majesté Bri- common accord, between Her Britan-
tannique et Leurs Majesté l’Em- nic Majesty and their Majesties the
pereur des Français et l'Empereur de Emperor of the French and the Em-
toutes les Russies, que les Iles Io- peror of All the Russias, that, when
niennes, lorsque leur réunion au Ro- their union with the Kingdom of
yaume de Grèce aurait été effectuée, Greece shall have been made effective,
comme l'Article IV du même Traité
as provided in Article IV of the same
l'a prévu, seraient comprises dans la Treaty, the Ionian Islands shall be in-
garantie stipulée en faveur de la cluded in the guaranty stipulated in
Grèce par les Cours de la Grande- favor of Greece by the Courts of
Bretagne, de France et de Russie, en Great Britain, France and Russia, by
vertu de la Convention signée à virtue of the Conventions signed at
Londres, le 7 mai 1832.
London, May 7, 1832.
En conséquence, d'accord avec les Consequently, in accordance with
stipulations du Traité du 13 juillet the stipulations of the Treaty of July
1863, et conformément aux termes 13, 1863, and in accordance with the
de l'Article VI du Traité du 14 no- terms of Article VI of the Treaty of
vembre 1863, par lequel les Cours November 14, 1863, by which the
de la Grande-Bretagne, de France et Courts of Great Britain, France and
de Russie, en leur qualité de Puis- Russia, in their quality as Powers
sances garantes du Royaume de guaranteeing the Kingdom of Greece,
Grèce, se sont réservé de conclure un have made the reservation to conclude
Traité avec le Gouvernement Hellé-
a treaty with the Hellenic Govern-
nique sur les arrangements que ment as to the arrangements which
pourra nécessiter la réunion des Iles might be necessitated by the union of
Ioniennes à la Grèce, Leurs dites the Ionian Islands to Greece, their
Majestés ont résolu de procéder à said Majesties have resolved to pro-
négocier avec Sa Majesté le Roi des ceed to negotiate with His Majesty
Hellènes un Traité, à l'effet de met- the King of the Greeks a Treaty for
tre à exécution les stipulations ci- the purpose of putting into execution
dessus mentionées.
the stipulations above mentioned.
Sa Majesté le Roi des Hellènes His Majesty the King of the Greeks
ayant donné son assentiment à la having given his assent to the conclu-
862
DOCUMENTS
conclusion de ce Traité, Leurs dites sion of this Treaty, their said Majes-
Majestés ont nommé pour leurs ties have named as their Plenipoten-
Plénipotentiaires, savoir:
tiaries, that is to say:
[Here follow the names of plenipo-
tentiaries.]
Lesquels, après avoir échangé leurs
Who, having exchanged their full
pleins pouvoirs, trouvés en bonne et
powers, found in good and due form,
due forme, ont arrêté et signé les have agreed upon and signed the fol-
Articles suivants :
lowing Articles:
Art. 1º'. Sa Majesté la Reine du ARTICLE 1. Her Majesty the
Royaume-Uni de la Grande-Bretagne Queen of the United Kingdom of
et d'Irlande, désirant réaliser le vou Great Britain and Ireland, desiring to
que l'Assemblée Législative des fulfill the wish which the legislative
Etats-Unis des Iles Ioniennes a ex- Assembly of the United States of the
primé de voir ces iles réunies à la Ionian Islands has expressed to see
Grèce, a consenti, sous les conditions these Islands united to Greece, has
spécifiées ci-après, à renoncer au Pro- consented, under the conditions speci-
tectorat des iles de Corfou, Cépha- fied below, to renounce the Protector-
lonie, Zante, Sainte-Maure, Ithaque, ate of the Islands of Corfu, Cepha-
Cerigo et Paxo, avec leurs dépen- lonia, Zante, Santa-Maura, Ithaca,
dances, lesquelles, en vertu du Traité Cerigo, and Paxo, with their depend-
signé à Paris, le 5 novembre 1815, encies, which by virtue of the Treaty
par les Plénipotentiaires de la signed at Paris, November 5, 1815,
Grande-Bretagne,
d'Autriche, de by the Plenipotentiaries of Great Brit-
Prusse et de Russie, ont été consti- ain, Austria, Prussia and Russia, were
tuées en un seul Etat libre et indé- constituted as a single free and inde-
pendant
la dénomination pendent state under the name of "the
* d'Etats-Unis des Iles Ioniennes, United States of the Ionian Islands
placé sous la protection immédiate et and were placed under the immediate
exclusive de Sa Majesté le Roi du and exclusive protection of H. M.
Royaume-Uni de la Grande-Bretagne the King of the United Kingdom of
et d'Irlande, ses héritiers et succes- Great Britain and Ireland, his Heirs
.
and Successors.
En conséquence, Sa Majesté Bri- Consequently, Her Britannic Maj-
tannique, Sa Majesté l'Empereur des esty, His Majesty the Emperor of the
Français et Sa Majesté l'Empereur the French and His Majesty the Em-
de toutes les Russies, en leur qualité peror of All the Russias, in their
de signataires de la Convention du 7 quality as signatories to the Conven-
mai 1832, reconnaissent cette union, tion of May 7, 1832, recognize this
et déclarent que la Grèce, dans les union and declare that Greece, within
limites déterminées par l'arrange-
sous
the limits determined by the arrange-
seurs.
THE IONIAN ISLANDS, 1863
863
ment conclu à Constantinople entre les ments concluded at Constantinople be-
Cours de la Grande-Bretagne, de tween the Courts of Great Britain,
France et de Russie, avec la Porte France and Russia with the Ottoman
Ottomane, le 21 juillet 1832, y com- Porte, on July 21, 1832, wherein were
pris les Iles Ioniennes, formera un included the Ionian Islands, shall
Etat monarchique indépendant et con- form a monarchical State, independ-
stitutionnel, sous la souveraineté de Sa ent and constitutional, under the sov-
Majesté le Roi George, et sous la ereignty
ereignty of His Majesty, King
garantie des trois Cours.
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 1
Dänen! Das Volk in Kopenhagen Danes! the people of Copenhagen
hat Euren König, unsern Herzog, ge- have compelled your King, our Duke,
zwungen, die Einverleibung Schles- to proclaim the incorporation of
wigs in das Königreich Dänemark, Schleswig with the kingdom of Den-
seine Herabsetzung zu einer dänischen mark — its degradation to a Danish
Provinz, zu erklären, and schon ziehen province, and already are Danish
dänische Truppen in das Herzogthum troops invading the Duchy of Schles-
Schleswig ein, um diesen Machtspruch wig in order to execute this arbitrary
durch Gewalt der Waffen auszufüh- measure by force of arms! The Pro-
ren. Die provisorische Regierung der visional Government of the Duchies
Herzogthümer Schleswig-Holstein hat of Schleswig-Holstein has resolved to
den Entschluss gefasst, die Rechte der ensure the rights of the duchies, as
Herzogthümer, wie die Rechte un- well as those of our Duke, against all
seres Herzogs, gegen fremden Einfluss foreign influence,
foreign influence, and feels itself
zu sichern, und fühlt sich stark durch strong in the right which it defends,
das Recht, welches sie vertheidigt, und and its assistance by the whole Ger-
durch den Beistand des
Beistand des ganzen
man people. Danes! the national in-
deutschen Volks! Dänen, die staat- dependence of the Duchy of Schles-
liche Selbstständigkeit des Herzog- wig rests on firm treaties. Its forcible
thums Schleswig beruht auf festen transformation into a Danish prov-
Verträgen! Die gewaltsame Um- ince is a breach of those treaties.
wandelung seiner Stellung in eine The duchies have often supported you,
Dänische Provinz ist ein Bruch des like faithful confederates in times of
Vertrages! Die Herzogthümer ha- danger. You will commit an act of
ben Euch oft beigestanden als treue two-fold injustice if you now en-
Dienstgenossen in Tagen der Gefahr! deavour to violate and annihilate our
Ihr thut doppelt Unrecht, wenn Ihr rights. We wish only to protect our
jetzt unsere Rechte zu brechen und zu own nationality, and not to attack the
vernichten strebt. Wir wollen nur 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
865
to you.
unsere Nationalität schützen, nicht Let the north of Schleswig therefore
fremde Nationalität angreifen! Mag freely declare whether it will be in-
der Norden Schleswigs sich dem- corporated as a province with the
nächst frei erklären, ob er als Provinz kingdom of Denmark, or follow the
dem Dänischen Staate einverleibt wer- Gernian nation, and we, at all
den, oder dem Deutschen Vaterlande events, will offer no opposition to its
folgen wolle, wir werden seinem Wil- will. We offer you honourable alli-
len keinen Zwang anthun! Wir ance, and a Sovereign personally con-
bieten Euch ehrliches Bündniss und mon to both, so long as the male
personelle Gemeinschaft des Landes- branch rules in Denmark, but we will
herrn, so lange der Mannsstamm in not submit to an unbecoming domina-
Dänemark herrscht, wollen uns aber tion of the fernale line.
einer unbeikommenden Weiberherr- Danes ! think what you are doing!
schaft nicht fügen! Dänen, bedenkt, We offer you freely all that justice
was Ihr thut! Was das Recht ver- requires, and all that is really useful
langt, was Euch zum wahren Nutzen
More than this you cannot
dient,- das bieten wir Euch freiwil receive, but you will rather lose
lig! Mehr könnt Ihr nicht erhalten, everything if you continue to pursue
---- wohl aber alles verlieren, wenn Ihr the path of violence, as the very exist-
fortfahrt auf dem Wege der Gewalt, ence of the Danish kingdom will then
das Bestehen des Dänischen be endangered. Should you be con-
Reiches selbst steht dann in Frage! querors on the battle-field, — and this
Siegt Ihr im Waffenkanıpfe -- und will never happen, so long as German
dies wird nicht geschehen, so lange hearts pulsate on the continent of Eu-
Deutsche Herzen schlagen, - was An- rope, - what would you gain but a
deres habt Ihr dann, als ein verödetes, desolated and hostile territory, intol-
feindlich gesinntes Land, unerträg- erable pecuniary burdens, and an an-
liche Schuldenlast und zerstörten nihilated trade? If we conquer, who
Handel und Gewerbe. Siegen wir,
Siegen wir, will then prevent us from assigning
wer wird uns dann hindern, Bedin- conditions which will give us ample
gungen zu stellen, die uns Sicherung security for the future against any
geben gegen jeglichen Uebergriff für attacks or encroachments? It is not
die Folge! Noch ist es Zeit! noch yet too late! the armies still face each
stehen die Heere einander gegenüber, other
other — the battle, the work of de-
noch hat der Kampf, die Zerstörung struction, has not yet commenced
nicht begonnen, noch bieten wir Euch we still offer you peace without fight-
Frieden ohne Kampf.
ing!
Rendsburg den 31 März 1848.
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 1
Die provisorische Regierung ist The Provisional Government is ab-
völlig damit einverstanden, dass die solutely willing that the three princi-
drei von jeher behaupteten Grundsätze ples stated below should be adopted as
a basis for the treaty of Peace:
1. Schleswig-Holstein ist ein unzer- 1. Schleswig-Holstein are insepa-
trennbares Ganze
rable.
2. es befindet sich im rechtlichen 2. This united duchy is at present
Besitze staats-rechtlicher Selbständig- in legitimate enjoyment of an inde-
keit und
pendence based on public law.
3. der Mannsstamm des Olden- 3. The male line of the House of
burgischen Hauses hat ein Recht auf Oldenburg has the right of succession
die Staatssuccession
in the Duchies.
als Grundbasis des Friedensvertrages There can be no difference of opin-
angenommen werden müssen. Dass ion from the German point of view,
diese Rechte nur durch die Aufnahme as to the fact that these rights can be
Schleswigs in den Deutschen Bund, guaranteed only by the reception of
sowie durch gänzliche Ablösung aller Schleswig into the Germanic Confed-
militärischen, finanziellen und admin- eration, as well as by the complete
istrativen Verhältnisse mit Dänemark severance of all relations with Den-
sicher gestellt werden können, und die mark which are of a military, finan-
Einwilligung des Königs von Däne- cial or administrative nature, and that
mark zu diesen Massnahmen daher the consent of the King of Denmark
eine nothwendige Bedingung des Frie- to these measures should be a neces-
dens sein muss, darüber dürfte vom 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
867
Deutschen Standpunkte aus eine special pleasure, therefore, that the
Meinungsverschiedenheit nicht ob- Provisional Government has learned
walten können. Mit besonderer that the Prussian Government has rec-
Freude hat die provisorische Regie- ognized this basis of peace negotia-
rung daher erfahren, dass das Königl. tions as the true one.
Preuss. Gouvernement diese Basis It believes that it should add noth-
für die Friedensverhandlungen als die ing to this save an expression of the
richtige anerkennt, und sie glaubt nur desire that this basis of peace should
den Wunsch aussprechen zu müssen, not be abandoned by declaring admis-
dass dieselbe nicht dadurch verrückt sible the division of the northern part
werden möge, dass eine Ausschlies- of Schleswig, according to the nation-
sung des nördlichen Schleswigs nach ality of the inhabitants between Den-
der Nationalität der Bevölkerung mark and Germany. It is true that
zwischen Dänemark und Deutschland the Provisional Government, immedi-
als rechtlich zulässige Modalität offen ately after its establishment, animated
gelassen würde. Zwar hat die provi- by the desire to avert the threatening
sorische Regierung gleich nach ihrer conflict, left it to Northern Schleswig
Constituirung, von dem Wunsche ge- to express itself freely as to whether
leitet, den damals drohenden Kampf it wished to be incorporated as a
zu vermeiden, es dem Norden Schles- province of Denmark, or whether it
wigs freigestellt, sich frei zu erklären, wished to belong to the German Fa-
ob er als Provinz dem Dänischen therland.
Staate einverleibt werden, oder dem But now that a sanguinary struggle
deutschen Vaterlande folgen wolle. has demanded great sacrifices, the
Aber jetzt, nachdem ein blutiger Provisional Government can not con-
Kampf grosse Opfer gefordert, kann sider itself justified in infringing on
die provisorische Regierung sich nicht higher interests and on the national
für befugt halten, aus blossen Billig- rights for the sake of simple consider-
keits-Rücksichten höhere Interessen ations of equity.
und das Landesrecht selbst zu verletz- The separation of a part of Schles-
Die Losreissung eines Theils wig and its incorporation with Den-
von Schleswig und Ueberweisung des- mark would be in direct opposition
selben an Dänemark würde im ent- with the principle that the Duchies
schiedensten Widerspruch mit dem should form an indivisible unity, and
Grundsatze stehen, dass die Herzog- in case of the decease of the royal
thümer ein unzertrennbares Ganze male line, would do injury to the right
bilden und im Fall des Aussterbens of succession of the cadet line of the
des Königl. Mannsstamms des Olden- House of Oldenburg over the indi-
burgischen Hauses die jüngere Linie vidual Duchies.
desselben in ihrem Erbfolgerecht auf It must be added to this that a sep-
die ungetheilten Herzogthümer beein- aration of the predominantly Danish
en.
868
DOCUMENTS
trächtigen. Dazu kommt, dass eine districts of Schleswig bordering on
Abtrennung der an Jütland grenzen Jutland from the rest of the territory
den vorherrschend Dänischen Districte would be considered in the Duchies,
Schleswigs von dem übrigen Lande in and certainly in the whole of Ger-
den Herzogthümern und gewiss in many, as
many, as a sacrifice of Germanic
dem ganzen Deutschen Vaterlande für rights and interests. For many Ger-
eine Aufopferung deutschen Le- mans live among the Danes in com-
hens und deutscher Interessen erkannt munities more or less large, even up
werden würde, denn bis an die nörd- to the most northern frontier of
liche Grenze Schleswigs hin wohnen Schleswig, and the cities, moreover,
zahlreich Deutsche in grösseren und all have a preponderantly German
kleineren Kreisen unter den Dänen, population.
die Städte aber haben alle eine über- These Germans, during the forcible
wiegend deutsche Bevölkerung. Diese domination of the Danes, have made
Deutschen haben während der Däni- willingly great sacrifices for the sake
schen Zwangsherrschaft für die of the German cause and for their po-
deutsche Sache und Gesinnung litical opinions, and they now expect
schwere Opfer willig ertragen und protection from Germany. Not only
erwarten nun Schutz von Deutsch- the Germans, but also the inhabitants
land. Aber nicht nur die
die Deut- olf Schleswig who speak Danish, and
schen, selbst die während der letz- who have been fanaticised by the re-
ten Occupation fanatisirten dänisch cent occupation, desire, to our certain
redenden Bewohner Schleswigs wün- knowledge, not to be incorporated
schen, soviel uns bekannt, nicht in with Denmark; they wish to remain
Dänemark: aufzugehen; sie wollen Schleswigers, and united to the rest
Schleswiger und mit dem übrigen of the Duchy.
Schleswig verbunden bleiben. Der The protection which they are en-
Schutz, welchen sie für ihre Sache titled to claim for their cause and
und ihre nationalen Eigenthümlich- their nationality might be accorded to
keiten mit Recht in Anspruch nehmen, them fully, at the time of a closer
wird ihnen auch bei einer innigern union with Germany, by the recep-
Verbindung mit Deutschland durch tion of the Duchies into the Confed-
Aufnahme des Herzogthums in den eration.
Deutschen Bund in vollem Maasse zu In these circumstances, and in view
Theil werden können. Unter diesen of the fact that, if the line of language
Umständen und da bei strenger Inne- were strictly conformed with, the ex-
haltung der Sprachgrenze die tref- cellent ports of the preponderantly
flichen Häfen der überwiegend deut- German towns of Flensburg and
schen Städte Flensburg und Apenrade Apenrade could be immediately block-
von den angrenzenden Landdistricten aded from the neighboring districts
und der Insel Alsen aus jeden Augen- and from the Island of Alsen, Ger-
THE SCHLESWIG QUESTION, 1848
869
blick deutscher Schifffahrt und deut many and especially the Provisional
schem Handel gesperrt werden könn- Government could not give its con-
ten, darf Deutschland, darf nament- sent beforehand to such a separation.
lich die provisorische Regierung nicht The British Cabinet itself, since
ihre Einwilligung von vornherein zu regards the question of Schleswig as
einer solchen Lostrennung geben. an internal one concerning the Duchy
Auch das Englische Cabinet wird, da itself, can not, without inconsistency,
es die Schleswigsche Frage als eine insist on the division of the Duchy ac-
innere, das Herzogthum selbst betref- cording to nationalities, as the basis
fende Frage ansieht, nicht ohne In- of peace negotiations.
consequenz auf einer Auftheilung des A division of Schleswig between
Herzogthums nach Nationalitäten als Denmark and Germany would most
Basis der Friedensunterhandlungen certainly become an external affair,
bestehen können. Denn eine Tren- whereas the question is assuredly an
nung Schleswigs zwischen Dänemark internal question since, on the one
und Deutschland würde entschieden hand, it is a question whether the male
eine äussere Angelegenheit werden, or female succession should be fol-
während die Frage allerdings insofern lowed in Schleswig (which has been
eine innere ist, als es sich eines Theils already decided by the third point of
darum handelt, ob die cognatische the basis of peace proposed above),
oder agnatische Erbfolge in Schleswig and on the other hand the relations of
gilt, was bereits durch den dritten the inhabitants speaking German and
Punkt der oben angegebenen Frie- Danish are placed in question, which
densbasis entschieden ist,-- und ander- up to the present time has not been a
erseits nur die Verhältnisse
die Verhältnisse der subject of open dispute in the Duchy,
Deutsch und Dänisch redenden Be- and which, being domestic matters,
wohner zur Frage stehen, welche im will find a satisfactory solution in the
Herzogthum selbst bisher nicht Ge- future constitution.
genstand offnen Streits gewesen sind,
und als innere Landesangelegenheit in
der zu gebenden Verfassung leicht
eine befriedigende Lösung finden
werden.
Die provisorische Regierung glaubt
The Provisional Government trusts
sich der Hoffnung hingeben zu dür- that it may feel assured that the Prus-
fen, dass das Königl. Preussische sian Government will not fail to rec-
Gouvernement das Gewicht der ange- ognize the force of the reasons al-
führten Gründe nicht verkennen und leged above, and that it will be dis-
die Aufnahme des ganzen Herzog- posed to employ its good offices to
thums Schleswig unter die Grundbe- the end that the reception of the
dingungen der Friedensverhandlungen Duchy of Schleswig in its entirety
870
DOCUMENTS
zu
kräftig
werde
befürworten geneigen 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. May 19, 1848
1
Die provisorische Regierung, . . Although the Provisional Gov-
obwohl sie früher selbst die Zulässig- ernment has recognized in the past
keit einer solchen Abtheilung, als eines the admissibility of such a division as
billigen und die gegenseitigen Interes- the principle of a fair and conciliatory
sen versöhnenden Ausgleichungs- settlement of mutual interests, it is
Princips, anerkannt hat, ist jetzt der nevertheless at the present time of the
Ansicht, dass man das Recht Schles- opinion that the right of Schleswig
wigs auf völlige und unverkürzte to a complete and unrestricted union
Vereinigung mit Holstein aufrecht er- with Holstein must be maintained in-
halten und zur Anerkennung bringen tact and recognized. On the basis of
müsse. . Die Königliche Regierung that former view of the Schleswig-
hat, auf jener früheren Ansicht der Holstein government, the Royal gov-
Schleswig-Holsteinschen Regierung ernment has declared, both to the Con-
fussend, bereits sowohl dem Bunde als federation and to the English Cabinet,
dem Englischen Cabinet gegenüber that it has agreed to accept that prin-
sich dahin ausgesprochen, dass sie mit ciple and would desire to see accepted
der Annahme jenes Princips einver- as a basis of settlement the free ex-
standen sei und als Basis der Ausein- pression of the Danish speaking peo-
andersetzung eine freie Erklärung der ple of the northern part of Schleswig.
Einwohner des nördlichen Dänisch The Provisional Government
redenden Theiles von Schleswig ange- will take into account the idea that
nommen zu sehen wünsche. . . Der the degree of influence which Prussia
provisorischen Regierung wird die may exert upon the settlement of the
Betrachtung nahe liegen, dass das affairs of the Duchies is essentially
Maass der Kraftentwicklung, welche dependent on the general political con-
Preussen auf die Durchführung der dition of things which may any day
Angelegenheit der Herzogthümer take such a turn as will compel Prus-
wenden kann, wesentlich durch die sia to divert all her power in some
allgemeine politische Lage der Dinge other direction.
bedingt wird, welche täglich eine In view of such an eventuality it is
Wendung nehmen kann, die Preussen proper and wise to visage the attain-
nöthigt, alle seine Kraft auf einen able and satisfactory issue, in order
1 Martens, N. R. G., vol. 12, pp. 287–288.
THE SCHLESWIG QUESTION, 1848
871
anderen Punkt zu richten. Ange- not to put the entire result in jeopardy
sichts solcher Eventualitäten, ist es by absolutely insisting upon a de-
richtig und weise, das Erreichbare mand which may possibly not be at-
und Genügende zum Ziel zu nehmen, tainable.
um nicht durch absolutes Bestehen auf
einer vielleicht nicht erreichbaren
Forderung, möglicher Weise den gan-
zen Erfolg in Frage zu stellen.
Reply of the Provisional Government to the Prussian Minister.
May 22, 1848 1
Das ungetrennte Zusammenbleiben The undivided union of the duchy
des Herzogthums Schleswig-Holstein of Schleswig-Holstein and all parts
und aller Theile desselben beruht auf thereof rests on unquestionable legal
unzweifelhaftem Rechtsgrunde. Ew. grounds. Your Excellency seems to
Exc. scheinen hierin mit uns einver- agree with us in this and to point out
standen und nur darauf hinzuweisen, that, in the present political situation,
dass bei den obwaltenden politischen an equitable concession is preferable
Conjuncturen, ein billiges Nachgeben to holding too strictly to rights. That
dem allzu
allzu starren
starren Festhalten am we are glad to make concessions when-
Rechte vorzuziehen sei. Dass wir ever possible, our public declaration of
gerne, wo nur immer möglich zur March 31 of this year gives proof.
Nachgiebigkeit bereit sind, haben wir The granting of a free vote seemed to
durch unsere öffentliche Erklärung us at that time a fair expedient and
vom 31. März d. J. bethätigt. Die was recognized as such by the duchies
Gestattung der freien Wahl erschien also. But Denmark chose civil war
uns damals als billiges Auskunftsmit- instead of the settlement which was
tel und ward damals als solches auch offered, and thereby unchained every
von den Herzogthümern anerkannt. passion between Danes and Germans,
Aber Dänemark wählte statt der gebo- and what then seemed fair now seems
tenen Ausgleichung den Volkskrieg, so no longer. A separation of the ter-
entfesselte dadurch jede Leidenschaft ritory could have been accomplished
zwischen Dänen und Deutschen und with fairness before, when it seemed
was damals für billig gehalten wurde, possible for Danish and German in-
gilt jetzt nicht mehr dafür. Eine
Eine habitants to live together in friendly
Trennung des Landes konnte früher, relations under Danish rule; now,
wo ein friedliches Zusammenwohnen however, in the short time of the
Dänischer und Deutscher Bewohner armed invasion, the Danes, by kid-
1 Martens, N. R. G., vol. 12, p. 288.
872
DOCUMENTS
unter Dänischer Herrschaft möglich napping and such wrongs, have forced
schien, mit Billigkeit ausgeführt wer- upon the German part of the popula-
den, jetzt aber haben die Dänen in der tion the conviction that in case of
kurzen Zeit des Kriegsüberzuges their return to Danish rule the only
durch Menschenraub und jegliche Un- choice open to them would be between
bill dem Deutschen Theile der Bewoh- annihilation and emigration. The
ner die Ueberzeugung aufgedrängt, separation of Schleswig would con-
dass ihnen beim Wiedereintritt der taintain a sentence of banishment for
Dänischen Herrschaft nur die Wahl a great number of German families.
zwischen Vernichtung oder Auswan- Through large deputations from the
derung freibleiben würde. Die Tren- cities of Apenrade, Hadersleben, and
nung Schleswigs würde ein Verban- Tondern, and from the administrative
nungsurtheil für eine grosse Anzahl district of Haldersleben, there has re-
deutscher Familien enthalten. Der cently been presented to the Provi-
provisorischen Regierung sind deshalb sional Government the most urgent pe-
noch vor Kurzem durch eine grössere titions never to consent to a division
Deputation der Städte Apenrade, Ha- of the duchy, and we have bound our-
dersleben, Tondern und des Amts selves by a promise to work with all
Hadersleben die dringendsten Bitten our powers for the maintenance of the
vorgetragen worden, nur ja nicht in union. ... On the other hand the
eine Trennung des Herzogthums zu mediating power could not in reason
willigen, und wir haben uns verpflich- insist on a separation of those dis-
tet gehalten, das Versprechen zu er- posed toward Germany from Den-
theilen, dass wir nach Kräften für das mark, if the principle is adhered to
Zusammenbleiben wirken wollten. that the Schleswig-Holstein affair is
Von der andern Seite dürfte die ver- an internal one and that the whole
mittelnde Macht auch nicht wohl shall be given to the legitimate ruler.
mit Grund auf Trennung zwischen Since in the meantime the present
Deutschgesinnten und Dänemark be- boundaries between Denmark and
stehen können, wenn der Grundsatz Schleswig do not seem suited to pre-
festgehalten werden soll, dass die vent future misunderstandings, a con-
Schleswig-Holsteinsche Sache eine tinuous boundary line should be
innere sei und dass dem legitimen drawn and an arrangement made so
Landesherrn das Ganze erhalten wer- that the Kingdom of Denmark should
den soll. Da indessen die jetzt beste- cede to the Duchy of Schleswig in
hende Gränze zwischen Dänemark und the West Sea the island territories
Schleswig nicht geeignet erscheint, um of Westerland-Föhr, Amrum, Nor-
künftigen Irrungen vorzubeugen, so derland-Sylt, Süderland-Romoe and
dürfte eine fest fortlaufende Gränz- Fanoe with the ocean territories to
linie zu vereinbaren und eine Bestim- 55° 20' and on the mainland the
mung dahin zu treffen sein, dass von county of Schackenburg, Treuburg
THE SCHLESWIG QUESTION, 1848
873
Seiten des Königreichs Dänemark in and the other enclaves with the ex-
der Westsee die Inselgebiete Wester- ception of the city of Rypen with
land-Föhr, Amrum, Norderland-Sylt, its domain; in return for which the
Süderland-Romoe und Fanoe mit dem Duchy of Schleswig should return a
Seegebiete bis 55° 20' und auf dem part of the district of Hadersleben,
Festlande die Grafschaft Schacken- corresponding in number of popula-
burg, Treuburg und die übrigen En- tion to the ceded territories, except-
claven, mit Ausnahme der Stadt Ry- ing the domain of the city of Ry-
pen sammt Stadtgebiet, an das Her-
pen and Jutland. We beg Your Ex-
zogthum Schleswig abzutreten wären, cellency to consider with fairness the
wogegen das Herzogthum Schleswig position of the Provisional Govern-
einen der Einwohnerzahl der abgetre- ment. The task to which we have
tenen Gebietstheile entsprechenden been put consists merely in this, to
Antheil vom Amte Hadersleben, im obtain the denied recognition for the
Auschluss von dem Gebiete der Stadt rights and wishes of the country.
Rypen und Jütland, wieder zurückge- We should contradict our duty and
ben müsste. Wir ersuchen Ew. Exc.
overstep our authority, then, if we
die Stellung der provisorischen Re- consented freely to the separation of
gierung in billige Erwägung zu zie- Schleswig, as a basis for the peace
hen. Die uns gestellte Aufgabe bes- negotiations. We may therefore ear-
teht nur darin, den Landesrechten und nestly beg Your Excellency to recom-
Landeswünschen die versagte Aner- mend the indivisibility of the duchies,
kennung zu verschaffen; mit dieser and remain, etc.
Aufgabe würden wir in Widerspruch
treten und unser Mandat überschrei-
ten, wenn wir freiwillig in die Tren-
nung Schleswigs, als Basis der Frie-
dens-Unterhandlung willigten. Wir
dürfen 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.
Rendsburg, May 22, 1848.
Die provisorische Regierung der The Provisional Government of the
Herzogthümer Schleswig-Holstein. 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 1
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 Gerinan 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 course, 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 Binsen.
PALMERSTON.
THE PRUSSIAN MINISTER IN LONDON TO THE BRITISH SECRETARY OF STATE FOR
FOREIGN AFFAIRS
(Translation)
Prussian Legation, June 12, 1848.
MY LORD,
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 1 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.
50. 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
c.
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 Office, 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.1 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
of 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
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.
PALMERSTON.
Count Reventlow.
Chevalier Bunsen.
THE PRUSSIAN MINISTER IN LONDON TO THE BRITISH SECRETARY OF STATE FOR
FOREIGN AFFAIRS
Prussian Legation, June 24, 1848.
MY LORD,
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, I 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 of 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 1
SCHMERLING VON WIEN.2 ... Als SCHMERLING VON WIEN.2 .. As
Grundbedingung eines jeden Friedens- a basic condition of any conclusion of
schlusses mit Dänemark ist von Sei- peace with Denmark, it has been ex-
ten des deutschen Bundes ausdrücklich pressly recognized by the German
anerkannt worden, dass ganz Schles- Confederation that the whole of
wig Deutschland verbleibe; dass kein Schleswig shall remain with Ger-
Theil von Schleswig, wenn nicht der many: that no part of Schleswig may
laute, unverhohlen und überzeugend be separated from Germany, unless
ausgesprochene Wille eines Theils der the distinct, free and conclusively ut-
Bevölkerung im entgegengesetzten tered will of a part of the population
Sinne sich äussert, von Deutschland has expressed itself in the contrary
getrennt werden dürfe. Schleswig ist sense. Schleswig has but now be-
erst jetzt ein Theil von Deutschland come a part of Germany. Schleswig
geworden, Schleswig soll erst staats- shall first become a national part of
rechtlich zu Deutschland kommen, und Germany, and it is, therefore, still
da ist es immerhin noch möglich, dass possible for those who do not desire
Diejenigen, welche diese Verbindung such a union, that they shall not be
nicht wünschen, gegen ihren erklärten compelled thereto against their ex-
Willen nicht dazu gezwungen werden pressed will. I am firmly convinced
sollen. Ich bin fest überzeugt, nach because of what the honorable mem-
dem, was die verehrten Mitglieder bers from Schleswig and Holstein
für Schleswig und Holstein mir oft have often told me, that no part of
eröffneten, dass kein Theil von Schles- Schleswig will ever think of separat-
wig je daran denken wird, von dem ing from the other part and of re-
andern Theil sich zu trennen und bei maining part of Denmark; but I have
Dänemark zu bleiben; allein ich habe been of the opinion that peoples
geglaubt, gegen den Willen der Völ- should not be disposed of against their
ker sollte über sie nicht verfügt wer- will and, therefore, I believe that it
den dürfen, und darum glaube ich, would be no breach of faith to the
dass es kein Treubruch an der Sache cause of Schleswig, no treason against
Schleswigs, kein Verrath an der Sache the cause of Germany, if, supposing
Deutschlands wäre, wenn, den Fall that a part of Schleswig should ex-
angenommen, dass auch ein Theil
press the desire not to remain as a
Schleswigs den Wunsch aussprechen part of Germany, this desire should
würde, nicht bei Deutschland zu blei- be complied with;
1 Martens, N. R. G., vol. 12, p. 299.
2 Envoy from Austria and President of the Germanic Diet.
880
DOCUMENTS
ben, diesem Wunsche entsprochen
werden dürfte; .
WURM VON HAMBURG:
. . Eng-
WURM VON HAMBURG: . . . Eng-
land seinerseits kann nicht wünschen, land, on her part, can not desire that
dass Dänemark den Schlüssel zur Denmark should deliver the key to the
Ostsee in russiche Hände überant- Baltic Sea into Russian hands; she
wortet, es wird nicht die Schutzherr- will not leave the protection of Den-
schaft Dänemarks den Russen allein mark to the Russians alone. If such
überlassen wollen. Sind das Russ- are the intentions of Russia, the lat-
lands Absichten, so wird es ihre Aus- ter will not let their execution depend
führung nicht von dem Besitz einiger on the possession of a few offices in
Aemter in Nord-Schleswig abhängen North Schleswig. To be sure, the
lassen. Allerdings hat die provisor- Provisional Government of Schles-
ische Regierung von Schleswig-Hol- wig-Holstein, in a proclamation of
stein in einem Aufruf vom 30. März March 30, has declared among other
unter Anderm erklärt, sie wolle frei things, that it would have a free vote
abstimmen lassen, die Männer von taken, that the men of North Schles-
Nord-Schleswig sollten nach eigener wig should declare by their own free
freier Wahl erklären, ob sie wollten election if they would be German or
Deutsche oder Dänen sein.
Danish. .
RAUMER VON BERLIN : Man RAUMER VON BERLIN:... On the
hat dänischer Seits zuerst zu London part of Denmark there was at first
einen Plan zur Abschliessung eines a plan submitted in London for the
Waffenstillstandes überreicht. Bei conclusion of an armistice.
weiteren Verhandlungen mit Eng- In the course of further negotia-
lang ergab sich nur einige Schwierig- tions with England there arose but
keit, nämlich, dass der Gedanke selbst
one difficulty, to wit, that in Schles-
in Schleswig-Holstein auftauchte, wig-Holstein the idea gained ground
dass man in besonderer Beziehung auf that with special reference to the
den nördlichen Theil von Schleswig northern part of Schleswig, free elec-
den sämmtlichen Bewohnern die freie
tion should be granted to all the
Wahl zugestehen sollte, wohin sie sich inhabitants, to determine in what di-
wenden wollten. Dieser Punkt war rection they would turn. Consider-
in den weiteren Verhandlungen und ation of this matter in subsequent ne-
Vorschlägen nicht ganz zu umgehen. gotiations and propositions could not
Sonst lauten die Friedensvorschläge, be entirely avoided. In all other re-
die zuletzt von Lord Palmerston in
spects, the peace propositions which
London angenommen und in Kopen- were finally accepted by Lord Pal-
hagen empfohlen wurden, im We- merston in London and recommended
entlichen folgendermaassen: 1) in Copenhagen read essentially as fol-
Der König von Dänemark nimmt lows:
THE SCHLESWIG QUESTION, 1848
881
den Beschluss der
der Einverleibung (1) The King of Denmark with-
Schleswigs in das Königreich Däne- draws his decision anent the incorpo-
mark zurück, und erkennt das Recht ration of Schleswig with the King-
Holsteins auf unzertrennliche Ver- dom of Denmark and recognizes the
bindung mit Schleswig an. Die Ver- right of Holstein to indivisible union
bindung mit Dänemark bezieht sich with Schleswig. The union with
nur auf die Herrschaft des Hauses Denmark refers only to the sovereign-
Oldenburg im Mannsstamme. 2) ty of the Oldenburg House, agnatic
Durch gütliche Verständigung wird line. (2) The finances, separation
die Trennung der Finanzen, des of the army, the fleet and the debts
Heeres, der Flotte und der Schulden shall be arrived at by means of an
eintreten. 3) Dänemark willigt in amicable understanding. (3) Den-
die Aufnahme der beiden Herzog- mark consents to the incorporation of
thümer in den deutschen Bund.
Doch
both duchies in the German Confed-
soll dem nördlichen Theile Schleswigs eration, but it shall be permitted to the
erlaubt sein, sich frei und offen über northern part of Schleswig, to declare
eine Vereinigung mit Dänemark zu freely and openly with regard to a
erklären. Diese Bedingungen sind union with Denmark. These condi-
vorzugsweise von Preussen aufgestellt tions were set up primarily by Prussia
worden, in Uebereinstimmung mit den in agreement with the decisions and
hiesigen Beschlüssen und Wünschen, wishes as here set forth, and only one
und nur eine schon bemerkte Bedin- condition, already remarked uponi
gung über das nördliche Schleswig concerning North Schleswig, had to
musste modificirt werden.
be modified.
MICHELSEN AUS NORDSCHLESWIG: MICHELSEN OF NORTH SCHLESWIG:
Es darf Sie nicht verwundern,
It must not surprise you if
wenn ich als Nordschleswiger im Na- I, as from North Schleswig, in the
men einer dänischredenden Bevölke-
name of a Danish-speaking popula-
erkläre: Wir wollen nicht tion now declare that we do not want
Dänen werden; weil wir es nicht sind, to become Danes, because we are not
können wir es auch nicht werden. Danes, and because we can not become
Wir sind auch durchaus der Ansicht Danes. In the district which I have
(in dem District, den ich zu vertreten the honor to represent, we are of one
die Ehre habe), dass man uns nicht opinion and that is that we can not
von Schleswig abtrennen kann. Wenn
be separated from Schleswig. There-
daher ein Friede geschlossen würde, fore, should a peace be concluded in
der in Widerspruch stände mit diesem conflict with this right, and a peace
Recht, ein Friede, der uns aufopfern sacrificing us, contrary to the senti-
würde im Widerspruche mit dem ment of right and of national feeling,
Rechts- und Nationalgefühl: es wäre this would be a peace that would tar-
das ein Friede, der die Ehre Deutsch- nish the honor of Germany.
lands verletzt.
rung erkläre:
882
DOCUMENTS
VON
GULICH NORD-SCHLESWIG: GÜLICH OF NORTH SCHLESWIG:
Wir waren keine Dänen, wir sind We were not Danes, we are not
keine Dänen, wir wollen keine Dänen Danes, we and our constituents do not
werden und
und unsere Committenten desire to be Danes.
ebensowenig. .
WAITZ AUS GÖTTINGEN: ... Die WAITZ OF GÖTTINGEN: ... The
preussische Regierung hat noch daran Prussian Government still insists
festgehalten was die proviso- upon what the provisional
rische Regierung Schleswig- Government of Schleswig-Holstein it-
Holsteins selbst ausgesprochen, und self has expressed and to this day not
bis heute nicht öffentlich zurückge- withdrawn, that is to say, that those
nommen hat, dass diejenigen Theile parts of North Schleswig which do
Nord-Schleswigs,
welche nicht not desire to be German may go their
deutsch sein wollen, ihre Wege für own way and join the Danes. Is
sich gehen und den Dänen sich an- this anything more than justice, is
schliessen können. Ist das mehr als this more than what you in other re-
Gerechtigkeit, ist das mehr, als was spects would demand every day. ...
Sie in anderer Beziehung jeden Tag
fordern?...
HECKSCHER AUS HAMBURG:
HECKSCHER OF
HAMBURG:
Der ganze Inhalt, die ganze Richtung The entire contents, the whole tenor
meiner Berichterstattung war, das un- of my report was to present the in-
zweideutige Recht der Herzogthümer dubitable right of the Duchies to their
auf ihre Selbständigkeit, auf ihre un- independence, to their indivisible
zertrennliche Verbindung und auf union and to the agnatic succession;
die agnatische Erbfolge hinzustellen; it has no other purport; but for this
er hat keinen andern Inhalt; aber I have set apart another question: has
davon habe ich getrennt eine andere Germany a right, has Germany a well
Frage: hat Deutschland ein Recht founded and well acquired right that
darauf, ein begründetes, erworbenes, should of necessity be recognized, to
nothwendig anzuerkennendes Recht, incorporate the entire duchy of Schles-
es solle ihm das ganze Herzogthum wig?
Schleswig einverleibt werden? ..
Ja, Sympathien für Deutschland Yes, it is a fact that in Schles-
sind in Schleswig vorhanden, das ist wig there exist sympathies for Ger-
Thatsache. Von allen
Von allen Boten many. This has been unanimously
jenem Lande, von den Abgeordneten asserted by all witnesses from that
von dorther ist diess einstimmig be- country, from the representatives of
hauptet worden. Ich könnte aber sa- that country. I might say, however,
gen, dass dort eine Fülle umfangrei- that great doubts exist there in this
cher Zweifel in dieser Beziehung statt- respect and that the Provisional Gov-
aus
THE SCHLESWIG QUESTION, 1848
883
finden und dass die provisorische ernment was the first to invoke the
Regierung zuerst auf das Recht der right of the people to a free choice. ...
freien Wahl als volksthümlich provo-
cirt hat. .
Dispatch of the French Minister of Foreign Affairs to the French Plenipo-
tentiary at London. March 20, 1864 1
Paris, le 20 mars 1864.
Paris, March 20, 1864.
Prince, le Gouvernement britan- Prince, the British Government is
nique fait en ce moment de nouvelles at this moment taking new steps to
demarches pour provoquer la réunion bring about the meeting of a confer-
d'une Conférence, et les parties bel- ence, and the belligerent parties do
ligérantes ne paraissent plus aussi op- not appear as opposed as formerly to
posées qu'elles l'étaient précédemment the opening of negotiations. You
à l'ouverture des négociations. Vous are aware that we have no objection
savez que nous n'avons point d'objec- to participating in them, if they are
tions à y participer, si elles sont ac- accepted by all the other Courts, and
ceptées par toutes les autres Cours, et I have acquainted you with the in-
je vous ai fait connaître à ce sujet les tentions of the government of the
intentions du Gouvernement de l'Em- Emperor on this subject by my dis-
pereur par ma dépêche du 14 de ce patch of the 14th of this month. But,
mois. Mais, avant de prendre place before taking part in the conference,
dans la Conférence, je désire que vous I desire you to impart to the Cabinet
fassiez part au Cabinet de Londres les at London the ideas and sentiments
idées et des sentiments que nous y which we shall bring there. This
apporterons. Cette communication wholly amicable communication will
tout amicale
amicale expliquera peut-être perhaps explain better than we have
mieux que nous n'avons eu l'occasion had the opportunity of doing up to
de le faire jusqu'ici la ligne de con- now, the line of conduct followed by
duite suivie par le Gouvernement Im- the Imperial Government in the Dano-
périal dans le différend dano-alle- German dispute. It will contribute
mand. Elle contribuera aussi, je l'es- also, I hope, to the ending of the sus-
père, à faire cesser les suppositions picions of arrière-pensées which have
d'arrière-pensées qu'on nous a si gra- been so gratuitously imputed to us.
tuitement prêtées.
En nous associant à cette tentative In associating ourselves with this
de pacification, nous nous trouverons attempt at pacification, we shall find
1 Affaires Étrangères de la France. Documents diplomatiques, 1864, Affaire des duchés
de l'Elbe, p. 15.
884
DOCUMENTS
nouis
en présence de deux grands intérêts. ourselves in the presence of two great
D'un côté, nous avons à tenir compte interests.
interests. On one side we must take
de stipulations arrêtées dans des vues account of the agreements drawn up
d'équilibre européen et revêtues de la with the view to European equilibrium
signature de la France; de l'autre, il and bearing the signature of France;
est impossible de nier les sentiments on the other, it is impossible to deny
de répulsion qui s'élèvent contre the sentiments of repulsion which
l'auvre des plénipotentiaires de 1852. have arisen against the work of the
Nous sommes loin de contester la sa- plenipotentiaries of 1852. We are
gesse de la combinaison que le Traité far from contesting the wisdom of
de Londres a eu pour objet de placer the arrangement which the Treaty of
sous la sauvegarde du droit public London aimed to place under the safe-
de l'Europe, et si, faisant abstraction guard of the public law of Europe,
de l'opposition de l'Allemagne et des and if, without taking into considera-
manifestations des Duchés,
tion the opposition of Germany and
étions libres d'obéir à la seule inspira- the manifestations of the Duchies, we
tion de nos sympathies traditionnelles were free to obey only the inspiration
pour le Danemark, tous nos efforts of our traditional sympathy for Den-
seraient consacrés à maintenir cette mark, all our efforts would be devoted
transaction. Mais il ne nous est pas
to the maintenance of this compro-
permis de méconnaître les obstacles mise. But it is impossible for us to
qui s'opposent à l'exécution pure et ignore the obstacles which confront
simple du Traité de 1852. Si, pour the pure and simple execution of the
quelques Puissances, le Traité de Lon- treaty of 1852.
treaty of 1852. If, for some Pow-
dres a une existence séparée et une ers, the Treaty of London has a sep-
autorité qui lui est propre, indé- arate existence and an authority which
pendamment des engagements conclus is proper to it, independent of the en-
à la même époque entre l'Allemagne gagements concluded at the same time
et le Danemark, pour d'autres, au con- between Germany and Denmark, for
traire, il est subordonné à ces mêmes the others, on the contrary, it is sub-
engagements, dont on ne saurait le
ordinate to these same engagements,
séparer. Parmi les Etats allemands, from which it can not be separated.
les uns ont refusé leur adhésion ou ne Among the German States, some have
l'ont accordée que sous une forme re- refused their adhesion or have given
strictive; les autres, après y avoir ad- it in only a restricted form; others,
héré naguère, s'en déclarent affranchis after having first adhered to it, have
maintenant. Enfin, la Confédération now openly denounced it. Finally,
germanique semble contester la valeur the Germanic Confederation appears
d'un acte auquel elle n'a pas concouru. to contest the value of an act in which
it has not concurred.
En présence de cette diversité d'ap- In the presence of this diversity of
THE SCHLESWIG QUESTION, 1848
885
préciations qui fera naître d'insur- opinion which will give birth to in-
montables difficultés, il me paraît in- surmountable difficulties, it appears to
dispensable d'examiner les intérêts me indispensable to examine the inter-
impliqués dans la guerre actuelle, sans ests involved in the present war, with-
se préoccuper exclusivement de la let- out being preoccupied exclusively with
tre du Traité.
the letter of the treaty.
La cause, comme le caractère dis- The cause, like the distinctive char-
tinctif de cette lutte, est évidemment acter of this struggle, is evidently the
la rivalité des populations qui com- rivalry of the populations which com-
posent la monarchie danoise. Il ex- pose the Danish monarchy. With
iste chez chacune d'elles un sentiment each there exists a national sentiment
national dont la force ne saurait être whose strength can not be doubted.
mise en doute. Quoi donc de plus What more natural, in default of a
naturel, à défaut d'une règle unanime- rule unanimously accepted, than to
ment acceptée, que de prendre pour take for basis the wish of the popula-
base le veu des populations ? Ce tions? This method, which conforms
moyen, conforme aux véritables in- with the true interests of the two
térêts des deux parties, nous paraît parties, appears to us to be the most
le plus propre à amener un arrange-
suited to effect an equitable arrange-
ment équitable et offrant des garan- ment and as offering guarantees of
ties de stabilité. En demandant l'ap- stability. In demanding the applica-
plication d'un principe fondamental tion of a fundamental principle of our
de notre droit public, et en réclamant public law, and in claiming for Den-
pour le Danemark comme pour l'Alle- mark and for Germany the benefit of
magne le bénéfice de ce principe, nous this principle, we believe ourselves to
croyons proposer la solution la plus be proposing the most just and the
juste et la plus facile de cette ques- easiest solution of this question, which
tion, qui excite dans toute l'Europe is exciting throughout Europe such a
une si vive inquiétude.
lively disquiet.
Agréez, etc.
I avail, etc.,
(Signé) DROUYN DE LHUYS.
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 Norway, for the Reestablishment of Peace between Austria, Prussia,
and Denmark. April 25 to June 22, 1864 1
SUMMARY OF THE DELIBERATIONS OF THE CONFERENCE OF LONDON OF APRIL 25 TO
JUNE 22, 1864
2
A l'invitation du Gouvernement de On the invitation of the Govern-
Sa Majesté Britannique, les Plénipo- ment of His Britannic Majesty, the
tentiaires des Cours d'Autriche, de Plenipotentiaries of the Courts of
Danemark, et de France, de la Con- Austria, Denmark, France, the Ger-
fédération Germanique, des Cours de manic Confederation, Prussia, Russia,
Prusse, de Russie, et de Suède et Nor- and of Sweden and Norway, have met
rège, se sont réunis en Conférence, à in Conference at London, with the ob-
Londres, dans le but de s'entendre sur ject of agreeing on the arrangements
les arrangements à prendre d'un com- to be taken by common consent, to re-
mun accord, afin de rétablir la paix store peace between Denmark and
entre le Danemark et l'Allemagne.
La première réunion a eu lieu le 25 The first meeting took place on
Avril.
April 25.
Germany.
.
Le premier soin des Plénipoten- The first care of the Plenipoten-
tiaires de la Grande Bretagne a
tiaries of Great Britain was to invite
pour object d'inviter les belligérants à the belligerents to consent to a sus-
consentir à une suspension des hostili- pension of hostilities; a preliminary
tés; mesure préalable également ré- measure equally demanded by the in-
clamée dans l'intérêt de l'humanité et terests of humanity and by those of
dans celui des négociations confiées the negotiations confided to the care
aux soins de la Conférence.
of the Conference.
Cette proposition, faite par le This proposition, made by Earl
Comte Russell dans la séance du 25 Russell at the session of April 25, was
Avril, a été appuyée unanimement par unanimously supported by the Pleni-
les Plénipotentiaires de France, de potentiaries of France, of Russia and
Russie, et de Suède.
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 Earl of Clar-
endon; for Prussia, Count Bernstorff and M. de Balan; for Russia, Baron de Brunnow, and
for Sweden and Norway, Count Wachtmeister. Ibid., 348.
2 Extracts from the annex to Protocol No. 12, June 25, 1864, Br. St. Pap., vol. 54, p. 289.
THE SCHLESWIG QUESTION, 1848
887
а.
sea.
Une discussion prolongée s'est en-
A prolonged discussion was en-
gagée sur la suspension simultanée des gaged in as to the simultaneous sus-
hostilités par terre et sur mer. Le pension of hostilities by land and by
Gouvernement Danois insisté
The Danish Government in-
d'abord sur le maintien du blocus, sisted at once on the maintenance of
qu'il considérait comme l'équivalent the blockade, which it considered as
de l'occupation des Duchés par les the equivalent of the occupation of
troupes alliées.
the duchies by the Allied troops.
Nous abrégerons le récit de ce long We shall shorten the recital of this
débat. Dans l'opinion des Représen- long debate. In the opinion of the
tants des Puissances neutres il eût été Representatives of the neutral Powers
préférable de conclure un armistice it would have been preferable to con-
régulier, d'une certaine durée, afin de clude a regular armistice, of certain
laisser aux négociations toute la lati- duration, in order to leave to the ne-
tude nécessaire. Les Cours de Prusse gotiations all the latitude necessary.
et d'Autriche se sont montrées prêtes à The Courts of Prussia and of Aus-
consentir à cette proposition. Le tria showed themselves ready to con-
Cabinet Danois n'a point voulu y ad- sent to this proposition; the Danish
hérer, car les mesures de représailles Cabinet did not at all wish to adhere
par mer étant les seules qui fussent to it, for the measures of reprisal by
au pouvoir du Danemark, il est facile sea being the only ones in the power
à comprendre que les Plénipotentiaires of Denmark, it is easy to understand
Danois n'aient pas voulu priver leur that the Danish Plenipotentiaries did
Gouvernement de cette arme, pendant not wish to deprive their Government
un espace de temps trop prolongé, sur- of this arm for too long a term, es-
tout dans la Baltique, où la navigation pecially in the Baltic where the navi-
est de courte durée.
gation season is short.
Nous indiquons cette considération We indicate this consideration in a
dans un esprit de strict équité, quelque spirit of strict equity, however pre-
nuisible que fût pour la négociation judicial the restriction made by Den-
elle-même la restriction apportée par mark to the suspension of hostilities
le Danemark à la suspension des hos- was to the negotiations themselves.
tilités.
Le Gouvernement Danois l'a limitée The Danish Government has lim-
à 4 semaines, savoir, du 12 Mai, au 12 ited it to four weeks, that is to say
Juin.
from May 12 to June 12.
Après avoir obtenu ce premier ré-
sultat, LES PLÉNIPOTENTIAIRES DE LA
GRANDE BRETAGNE ont proposé de
After having obtained this initial
result, the PLENIPOTENTIARIES OF
GREAT BRITAIN proposed to proceed,
888
DOCUMENTS
procéder, dans la prochaine séance, à at the next session, to a discussion of
la discussion de préliminaires de paix. the preliminaries of peace.
Dans ce but, le 12 Mai LORD RUS- To this end, on May 12, LORD Rus-
SELL, a reconnu qu'il apparte- SELL, recognized the fact that
nait à MM. les Plénipotentiaires d'Au- it is for the Plenipotentiaries of Aus-
triche et de Prusse d'exposer les mo- tria and of Prussia to explain the
tifs qui ont engagé leurs Gouverne- motives which led their Governments
ments à occuper une grande partie du
to occupy a great part of the Danish
territoire Danois, et de faire con- territory, and to make known the in-
naitre les intentions de leurs Cours tentions of their Courts in view of the
en vue du rétablissement d'une paix restoration of a durable peace.
solide.
En réponse à cet appel, M. LE PRE- In answer to this appeal, the
MIER PLÉNIPOTENTIARE DE PRUSSE a FIRST PLENIPOTENTIARY OF PRUSSIA
cru devoir déclarer que les Puissances thought it his duty to declare that the
Allemandes, avant d'entrer en discus- Germanic Powers, before entering on
sion sur les conditions du rétablisse- a discussion of the conditions of the
ment de la paix avec le Danemark, restoration of peace with Denmark,
doivent faire observer qu'elles re- must observe that they regard "the
gardent “le terrain de la discussion field of discussion as entirely free
comme entièrement libre de toute re- from all restrictions resulting from
striction resultant d'engagements qui engagements which may have existed
peuvent avoir existé avant la guerre before the war between their Govern-
entre leurs Gouvernements et le Dane-
ments and Denmark." In thus
mark." En revendiquant ainsi pour claiming for themselves full freedom
elles-mêmes une entière liberté de dis- of discussion and the faculty of mak-
cussion et la faculté de faire telles ing such propositions as they judge to
propositions qu'elles jugeront de na- be of a nature to assure a solid and
ire à assurer une pacification solide durable pacification, the Germanic
et durable, les Puissances Allemandes Powers have no intention of exclud-
n'entendent exclure aucune combinai- ing any arrangement which could
son qui pourra servir à faire atteindre
serve to cause the attainment of this
ce but, sans porter préjudice à des end, witirout prejudicing rights al-
droits acquis.
ready acquired."
Les développements dans lesquels The developments into which the
MM. les Plénipotentiaires des Cours Plenipotentiaries of the Germanic
Allemandes sont entrés à ce sujet Courts have entered on this subject
durant les séances du 12 et du 17 Mai 'during the sessions from May 12 to
ont mis au grand jour une divergence 17 have brought to light a complete
complète d'opinion entre tous les divergence of opinion between all the
THE SCHLESWIG QUESTION, 1848
889
Membres de la Conférence quant à la members of the Conference as to the
validité des engagements résultant du validity of the engagements resulting
Traité de Londres de 1852.
from the Treaty of London of 1852.
MM. LES PLÉNIPOTENTIAIRES DE The PLENIPOTENTIARIES OF GREAT
LA GRANDE BRETAGNE ont maintenu BRITAIN have maintained the respect
le respect dû aux obligations réci- due to reciprocal obligations con-
proques contractées par toutes les tracted by all the Powers signatory to
Puissances signataires de ce Traité. this treaty. They have observed that
Ils ont fait observer que quoique la although, strictly, war might dissolve
guerre puisse, à la rigueur, dissoudre a treaty between two Powers, since
un Traité entre deux Puissances de- become belligerent, it could not relieve
venues belligérantes, elle ne saurait these Powers from their obligations
dégager ces Puissances de leurs obli- towards the other Powers, cosigna-
gations envers les autres Puissances
tories to the treaty. They demon-
cosignataires du même Traité. Ils
Ils strated that before destroying this
ont démontré qu'avant de déchirer cet Act, such a decision must be justified
Acte il faudrait justifier cette décision by satisfactory reasons. Finally, be-
par des raisons satisfaisantes. Enfin, fore abandoning a transaction, it is
avant de se départir d'une transaction
necessary to say by what it shall be
il faudrait dire par quoi on prétend la replaced.
remplacer.
LE PLÉNIPOTENTIAIRE DE RUSSIE The PLENIPOTENTIARY OF RUSSIA
s'est énoncé entièrement dans le même stated his position in the same spirit
esprit.
M. LE MINISTRE DE SUÈDE, en ad- The MINISTER OF SWEDEN, adher-
hérant au point de vue développé par ing to the point of view developed by
le Plénipotentiaire de Russie,
the Plenipotentiary of Russia
M. L'AMBASSADEUR DE FRANCE, The AMBASSADOR OF FRANCE, ani-
animé des mêmes dispositions con- mated by the same conciliatory dis-
ciliantes, a demandé aux Plénipo- positions, asked the Germanic Pleni-
tentiaires Allemands si, dans le cas où potentiaries if, in case the arrange-
les arrangements de 1851 et de 1852 ments of 1851 and of 1852 could not
ne seraient pas susceptibles d'être be maintained, they did not believe it
maintenus, ils ne croiraient pas pos- possible to substitute new combina-
sible d'y substituer de nouvelles com- tions without discarding the sphere
binaisons, sans s'écarter du cercle
traced by the stipulations of this
tracé par les stipulations du Traité.
treaty.
M. DE QUAADE a soutenu que son M. DE QUAADE maintained that his
Gouvernement regarde le Traité de Government looks on the treaty of
1852 comme étant toujours en vi- 1852 as being at all times in force.
890
DOCUMENTS
gueur. M. le Baron de Beust a con- Baron von Beust stated that its va-
staté que sa validité n'a jamais été lidity has never been recognized by
reconnue par la Confédération. the Confederation.
En présence de doctrines aussi di- In presence of doctrines so diver-
vergentes, on ne pouvait guère s'at- gent, one could scarcely expect to
tendre à parvenir à un résultat con- achieve a result in conformity with
forme à la pensée de conciliation et de the idea of conciliation and of peace
paix dans laquelle le Gouvernement de in which the Government of Her
Sa Majesté Britannique avait invité Britannic Majesty
Britannic Majesty had united the
les Cabinets à se faire représenter en Cabinets to send representatives to the
Conférence à Londres.
Conference at London.
Cependant, quelque incertain que Nevertheless, no matter how uncer-
parût, dès l'origine, l'espoir d'arriver tain from the beginning the hope of
à une conclusion satisfaisante, les arriving at a satisfactory conclusion
Plénipotentiaires de la Grande Bre- appeared, the Plenipotentiaries of
tagne, dans un complet accord avec Great Britain, in complete agreement
les Plénipotentiaires des Puissances with the neutral Powers, did not
neutres, n'en persistèrent pas moins lessen the persistence of their efforts
dans leurs efforts afin d'amener un to bring about an agreement between
rapprochement entre les deux parties the two belligerent parties.
belligérantes.
Animé par ce désir, LE COMTE Rus- Animated by this desire, EARL
SELL a ouvert la séance du 17 Mai par RUSSELL opened the session of May
rappeler l'engagement pris par M. le 17 by recalling the engagement un-
Comte de Bernstorff d'annoncer les dertaken by Count von Bernstorff to
bases de pacification que les Cours announce the basis for pacification
d'Autriche et de Prusse se proposaient which the Courts of Austria and of
de soumettre à la Conférence.
Prussia proposed to submit to the
Conference.
Le Protocole no. 5 expose les Protocol No. 5 sets forth the means
moyens que les Plénipotentiaires Alle- which the Germanic Plenipotentiaries
mands ont considérés comme les plus considered to be the most suitable for
propres à amener une pacification bringing about a solid and durable
solide et durable..
pacification. ..
Il en résultait que dans la pensée des It results that in the mind of the
Cours de Vienne et de Berlin il s'agis- Courts of Vienna and of Berlin it is a
sait de rendre les Duchés complète- question of making the duchies com-
ment indépendants sous le rapport pletely independent as to political and
politique et administratif, de laisser administrative matters, allowing a
subsister un lieu dynastique entre les dynastic tie to remain between the
Duchés et la Monarchie Danoise ; Dutchies and the Danish Monarchy;
THE SCHLESWIG QUESTION, 1848
891
sa
mais de subordonner ce lien dynas- but to subordinate the dynastic tie to
tique à la décision que la Diète de the future decision of the Diet of
Francfort porterait sur la validité des Francfort on the validity of the titles
titres du Roi Chrétien IX en of King Christian IX in his quality of
qualité de Duc de Holstein.
Duke of Holstein.
Pour achever de caractériser le In order to characterise the merit
mérite de ce programme, mis en avant of this program, put forward in the
au nom de l'Autriche et de la Prusse, name of Austria and of Prussia, it is
il importe de constater que le Plénipo- important to state that the Plenipoten-
tentiaire de la Confédération Ger- tiary of the Germanic Confederation
manique a cru devoir ne point s'y as- has not considered himself at liberty
socier. Finalement, ce Ministre a to join in it. Finally, this Minister
affirmé que la majorité de la Diète has affirmed that the majority of the
refuserait son adhésion à un arrange- Diet would refuse their adhesion to
ment qui, même sous une forme con- an arrangement which, even in a con-
ditionnelle, rétablirait une union entre ditional form, would restore a union
les Duchés et le Danemark!
between the duchies and Denmark!
Ces explications n'ont point perinis These explanations made it impos-
aux Plénipotentiaires Danois de don- sible for the Danish Plenipotentiaries
ner leur assentiment à un semblable to give their assent to such a pro-
programme. Aussi n'ont-ils pas hé-
gram, nor have they hesitated to de-
sité à le déclarer entièrement inadmis- clare it to be entirely inadmissible.
sible.
Ce refus a mis fin à la prenlière This refusal put an end to the first
combinaison, proposée par MM. les combination, proposed by the Ger-
Plénipotentiaires Allemands en vue de manic Plenipotentiaries with a view
rétablir une paix solide et durable. to restoring a solid and durable peace.
La séance du 28 Mai a été ouverte The session of May 28 was opened
par une second proposition présentée by a second proposition presented by
par MM. les Plénipotentiaires d'Au- the Plenipotentiaries of Austria and
triche et de Prusse. .
of Prussia.
Protocole No. 6.- Séance du 28 Mai
1864.1
Protocol No. 6.- Session of May 28,
1864.
M. LE COMTE RUSSELL demande à EARL RUSSELL asks the German
MM. les Plénipotentiaires Allemandes Plenipotentiaries whether they have
s'ils ont des propositions à faire à la any propositions to make to the Con-
Conférence.
ference.
1 Brit. St. Pap., vol. 54, p. 199.
892
DOCUMENTS
M. LE COMTE APPONYI répond en COUNT APPONYI answers by read-
donnant lecture d'une proposition ing a proposition couched in these
conçue en ces termes :
terms:
Après que les demandes de l'Au- “ After the demands of Austria and
triche et de la Prusse, présentées Prussia, presented in the last session
dans la dernière séance de la Con- of the Conference, were declared ab-
férence, ont été déclarées entière- solutely inadmissible by the Danish
ment inadmissible par MM. les Pléni- Plenipotentiaries, even under the sup-
potentiaires Danois, même dans la position that a decision of the Diet
supposition qu'une décision de la would admit the rights of His Maj-
Diète admît les droits de succession de esty, the King of Denmark, in the
Sa Majesté le Roi de Danemark dans duchies, the Plenipotentiaries of the
les Duchés, les Plénipotentiaires des Germanic Powers have received the
Puissances Allemandes ont reçu l'or- order to demand, in concert with the
dre de demander, de concert avec le Plenipotentiary of the Germanic Con-
Plénipotentiaire de la Confédération federation, the complete separation of
Germanique, la séparation complète the Duchies of Schleswig and of Hol-
des Duchés de Schleswig et de Hol- stein from the Kingdom of Denmark,
stein du Royaume de Danemark, et and their union in a single state under
leur réunion dans un seul Etat sous la the sovereignty of the Hereditary
souveraineté du Prince Héréditaire de Prince of Schleswig-Holstein-Sonder-
Schleswig-Holstein-Sonderbourg-Au- burg-Augustenburg, who, in the eyes
gustenbourg, qui peut non-seulement of Germany not only has the most
faire valoir, aux yeux de l'Allemagne, right to the succession in the said
le plus de droits à la succession dans duchies, and whose recognition by the
lesdits Duchés, et dont la reconnais- Germanic Diet is assured in conse-
sance par la Diète Germanique est as- quence, but who also commands the
surée en conséquence, mais qui réunit undoubted suffrages of the immense
aussi les suffrages indubitables de majority of the populations of that
l'immense majorité des populations country.”
de ces pays.'
M. LE COMTE RUSSELL donne lec- Earl RUSSELL thereupon reads the
ture ensuite de la déclaration sui- following declaration:
vante :
· Les Plénipotentiaires de la Grande “The Plenipotentiaries of Great
Bretagne ont vu avec un vif regret Britain have observed with deep re-
que la dernière séance de la Confér- gret that the last session of the Con-
ence n'a pas eu pour resultat d'établir ference has not resulted in establish-
les bases d'un accord entre l'Alle- ing bases of accord between Germany
magne et le Danemark.
and Denmark.
Selon nous
ne saurait pas Accordingly we are unable to find
ܙܕ
on
THE SCHLESWIG QUESTION, 1848
893
trouver les éléments d'une paix solide the elements of a solid and durable
et durable, ni dans les engagements de peace, either in the engagements of
1851, lesquels pendant 12 ans n'ont 1851 which for twelve years have
porté d'autre fruit que dissentiments borne no fruit save dissension and
et troubles, ni dans l'analyse d'un droit trouble, nor in the analysis of an ob-
obscur et compliqué.
scure and complicated right.
"Mais à moins de pouvoir poser les “But unless we can lay the basis of
bases d'une paix solide et durable, il a solid and durable peace it is not
n'est pas de la compétence des Puis- within the competence of the neutral
sances neutres de renoncer au Traité Powers to renounce the solemn treaty
solennel par lequel elles ont reconnu by which they have recognized the in-
l'intégrité de la Monarchie Danoise, tegrity of the Danish Monarchy, nor
et elles ne pourraient non plus con- can they agree on a new arrangement
courir à un nouvel arrangement qui which would be insufficient for Ger-
serait insuffisant pour l'Allemagne, ou many or humiliating for Denmark.
humiliant pour le Danemark.
“Il faut donc chercher ailleurs les “It is therefore necessary to seek
éléments d'une paix solide et durable. elsewhere the elements of a solid and
durable peace.
'Depuis de longues années une vive For many years an intense sym-
sympathie envers leurs frères sujets pathy towards their brothers, subjects
du Roi de Danemark anime les Alle- of the King of Denmark, has ani-
mands de la Confédération
Confédération Ger- mated the Germans of the Germanic
manique. Les Danois, de leur côté, Confederation. The Danes, on their
sont inspirés par l'amour de l'indé- side, are inspired by a love of inde-
pendance et le désir de maintenir leur pendence and the desire to maintain
ancienne Monarchie. Ces sentiments, their ancient Monarchy. These sen-
de part et d'autre, méritent le respect timents, on both sides, deserve the re-
de l'Europe.
spect of Europe.
“ Pour prévenir une lutte future, et “To prevent future strife and to
pour satisfaire à l'Allemagne, il fau- satisfy Germany, it is necessary, in
drait, selon nous, séparer entièrement our opinion, to separate entirely from
de la Monarchie Danoise, le Hol- the Danish Monarchy, Holstein,
stein, le Lauenbourg, et la partie mé- Lauenburg, and the southern part of
ridionale du Schleswig.
Schleswig.
Pour justifier un sacrifice aussi “To justify a sacrifice so great on
vaste de la part du Danemark, et pour the part of Denmark, and to maintain
maintenir l'indépendance de la Monar- the independence of the Danish Mon-
chie Danoise, il est à désirer, selon archy, it is desirable, according to us,
nous, que la ligne de la frontière ne that the line of frontier should not be
soit pas tracée plus ou nord que l'em- drawn further north than the mouth
894
DOCUMENTS
bouchure de la Slei et la ligne du of the Schley and the line of the
Dannewerke.
Dannewerke.
“Il faut aussi pour la sécurité du “It is also necessary for the secur-
Danemark que la Confédération Ger- ity of Denmark, that the Germanic
manique n'érige et ne maintienne pas Confederation should not create and
des forteresses, ni n'établisse pas des maintain fortresses, nor establish for-
ports fortifiés, dans le territoire cédé
tified ports, in the territories ceded by
par le Danemark.
Denmark.
"Un arrangement équitable de la “An equitable arrangement of the
dette publique, et la renonciation par public debt and the renunciation by
l'Autriche, la Prusse, et la Confédéra- Austria, Prussia, and the Germanic
tion Germanique, à tout droit d'in- Confederation of all right of inter-
gérence dans les affaires intérieures ference in the domestic affairs of
du Danemark, serviraient à compléter Denmark, would serve to complete the
les relations amicales entre l'Alle- friendly relations between Germany
magne et le Danemark.
and Denmark.
Il reste une question qui ne serait "There remains a question which
pas l'objet du Traité de Paix, mais qui would not be the subject of a treaty
intéresse l'Allemagne et ne peut pas of peace, but which interests Germany
être passée sous silence. Dans l'opi-
Dans l'opi- and can not be passed by in silence.
nion des Plénipotentiaires de la Grande In the opinion of the Plenipotentiaries
Bretagne, il doit être entendu que la of Great Britain, it should be under-
destinée future du Duché de Holstein, stood that the future destiny of the
du Duché de Lauenbourg, et de la Duchy of Holstein, of the Duchy of
partie méridionale du Duché de
Duché de Lauenburg, and of the southern part
Schleswig qui sera annexée au Duché of the Duchy of Schleswig which will
de Holstein, ne sera pas réglée sans be annexed to the Duchy of Holstein,
leur consentement.
shall not be fixed without their con-
sent.
“ Si le Roi de Danemark consent “If the King of Denmark consents
aux sacrifices de territoire qu'au nom to the sacrifices of territory in the
de la paix on lui demande, il sera name of the peace asked of him, it
juste que l'indépendance de will be equitable that the independence
Royaume soit garantie par les Grandes of his Kingdom should be guaranteed
Puissances Européennes.”
by the Great European Powers."
son
1
LE
DE
M.
PLÉNIPOTENTIAIRE
The PLENIPOTENTIARY OF FRANCE
FRANCE s'exprime en ces termes : expresses himself in these terms:
* Les idées que M. le Principal Sec- “ The ideas which the Chief Secre
rétaire d'Etat vient d'exposer, relative- tary of State has just unfolded, relat-
ment aux principes d'après lesquels ing to the principles according to
THE SCHLESWIG QUESTION, 1848
895
devrait être réglée l'affaire Dano-Alle- which the Danish-German affair
mande, s'accordent pleinement avec should be settled, agree fully with the
les vues que j'étais chargé moi-même views which I have myself been in-
de soutenir dans la
dans la Conférence. structed to support in the Conference.
Après avoir étudié les causes du con- After having studied the causes of the
flit actuel, mon Gouvernement est de present conflict, my Government has
meuré convaincu qu'elles résidaient remained convinced that they arise
dans la mauvaise distribution des dif- from the bad distribution of the dif-
férents groupes de population dont la ferent groups of population of which
Monarchie Danoise est composée, the Danish Monarchy is composed, as
ainsi que dans leurs rivalités inces- well as from their incessant rivalries,
santes, et qu'il était, dès lors, néces- and that it would therefore be neces-
saire de rechercher les bases d'une en- sary to seek for the basis of an agree-
tente dans des dispositions nouvelles, ment in new dispositions, more in
plus en harmonie avec le sentiment harmony with the national sentiment
national des deux peuples. L'ar- of the two peoples. The arrange-
rangement dont M. le Principal Sec- ment of which the Chief Secretary of
rétaire d'Etat nous indique les bases, State indicates to us the basis, con-
consistant à départager, autant que sisting of the separation, as far as pos-
possible, les deux nationalités dans le sible, of the two nationalities in
Schleswig, en incorporant les Danois Schleswig, by incorporating the Danes
au Danemark, et en reliant plus étroi- in Denmark and by attaching the Ger-
tement les Allemands au Holstein et
mans more closely to Holstein and
au Lauenbourg, ne pouvait donc man- Lauenburg, could not fail to gain the
quer de rencontrer l'adhésion du support of the Government of the
Gouvernement de l'Empereur. L'ap- Emperor. It does not appear that the
plication de ce principe ne semble pas, application of the principle would give
au surplus, devoir donner lieu à au- rise to any difficulty as to the two
cune difficulté pour les deux parties extreme parts of Schleswig, where na-
extrêmes du Schleswig, où la na- tionality is clearly determined. As
tionalité se trouve nettement déter- for the mixed districts in the centre,
minée. Quant aux districts mixtes in whatever manner their fate is de-
du centre, de quelque manière que l'on cided, there will always be there some
décide de leur sort, il y aura toujours Danes subject to a German country
là des Danois soumis à un pays Alle- or some Germans subject to Denmark.
mand ou des Allemands soumis au Faced by the absolute impossibility of
Danemark. Devant l'impossibilité ab- taking nationality for the deciding
solue de prendre, sur ce point, la na- factor on this point, we believe that it
tionalité pour règle, nous pensons qu'il would be equitable to decide the dif-
serait juste de trancher le différend en ferences in favor of the weaker of the
faveur de la plus faible des parties, two parties especially when she al-
896
DOCUMENTS
surtout quand elle subit déjà les sac- ready submits to the sacrifices which
rifices que cette règle lui impose sur this rule imposes at all points where it
tous les points où elle est manifeste- is manifested against her. My Gov-
ment contre elle. Mon Gouverne- ernment considers it equally essential
ment considère également comme es- that the frontier should be drawn in
sentiel que la frontière soit tracée accordance with the necessities of the
conformément aux nécessités de la dé- defense of Denmark, for these neces-
fense du Danemark, car ces nécessités sities should be taken into considera.
doivent être prises en considération tion by the Conference whose mission
par la Conférence, dont la mission est, it is, while giving satisfaction to the
en donnant satisfaction aux légitimes legitimate claims of Germany, to take
reclamations de l'Allemagne, de veiller care that the new arrangements shall
à ce que les arrangements nouveaux sufficiently guarantee the independ-
garantissent suffisamment l'indépen- ence of Denmark, and the interests of
dance du Danemark et les intérêts de European equilibrium in the north.
l'équilibre Européen dans le Nord.
Quant à la désignation du sou- As for the designation of the sov-
verain sous l'autorité duquel le nouvel ereign under whose authority the new
Etat devrait être placé, le Gouverne- state should be placed, the Govern-
ment de l'Empereur n'a aucun parti ment of the Emperor has no precon-
pris. Il donnerait volontiers son ap- ceived opinion. It will give its sup-
pui à toute combinaison qui serait port voluntarily to any combination
conforme au veu
veu des populations which shall be in accord with the
loyalement consultées."
wishes of the populations, fairly con-
sulted."
M. LE PLÉNIPOTENTIAIRE DE SUÈDE The PLENIPOTENTIARY OF SWEDEN
ET NORVÈGE annonce que ses instruc- AND NORWAY announces that his in-
tions lui défendent d'entrer en discuss structions forbid him to enter into
sion sur la proposition émise par discussion on the proposition made by
MM. les Plénipotentiaires Allemands, the German Plenipotentiaries, as tend-
comme tendant à séparer les Duchés ing to separate the Duchies of
de Schleswig et de Holstein du Dane- Schleswig and Holstein from Den-
mark
mark
Il est toutefois autorisé à adhérer He is however authorized to adhere
à la proposition émise par M. le Comte to the proposition made by Earl Rus-
Russell, à condition que la frontière sell on condition that the frontier of
du Danemark ne soit pas placée plus Denmark shall not be placed further
au nord que la Slei et le Dannewerke, north than the Schley and the Danne-
que la partie du Schleswig située au werke, that the part of Schleswig to
nord de cette ligne soit complètement the north of this line shall be com-
incorporée au Danemark, que l'Alle- pletely incorporated in Denmark, that
THE SCHLESWIG QUESTION, 1848
897
magne n'ait à l'avenir aucun droit Germany shall in future have no
d'immixtion dans les affaires inté- rights of interference in the domestic
rieures de cette monarchie, et que la affairs of that monarchy, and that the
nouvelle frontière à établir soit placée new frontier to be established shall be
sous une garantie Européenne.
placed under a European guarantee.
Quant aux provinces qui dans As to the provinces which in the
l'éventualité susdite seraient cédées eventuality aforesaid would be ceded
par le Roi de Danemark, son Gou- by the King of Denmark, his Govern-
vernement entend que leur sort futur ment understands that their future
ne soit point réglé sans leur consente destiny shall not be decided in any
ment, et que la liberté du choix des way without their consent, and that
populations soit entourée de garanties the freedom of choice of the popula-
suffisantes.
tions shall be surrounded by sufficient
guarantees.
M. LE COMTE DE BERNSTORFF pre- COUNT VON BERNSTORFF, thereupon,
nant alors la parole, déclare que les speaking in his turn, declares that the
Plénipotentiaires Allemands n'ont German Plenipotentiaries have nat-
comme de raison pas d'instructions urally no instructions to pronounce in
pour se prononcer d'une manière dé-
a definitive way on the details of the
finitive sur les détails de la proposi- propositions which they have just lis-
tion qu'ils viennent d'entendre de la tened to from the Plenipotentiaries of
part de MM. les Plénipotentiaires de Her Britannic Majesty. But know-
Sa Majesté Britannique. Mais con- ing the spirit of conciliation which
naissant l'esprit de conciliation qui animates their respective Govern-
anime leurs Gouvernements respectifs, ments, and which corresponds to that
et qui répond à celui qui a guidé le which has guided the English Govern-
Gouvernement Anglais dans son désir ment in its desire to find a basis which
de trouver une base qui puisse servir might serve as compromise between
de compromis entre les points de vue the opposite points of view of the bel-
opposés des Puissances belligérantes, ligerent Powers, they believe that they
ils croient pouvoir déclarer dès-à-pré- may declare from this time forward
sent que ni l'Autriche et la Prusse, ni that neither Austria nor Prussia nor
la Confédération Germanique, ne se the Germanic Confederation will re-
refuseront à prendre en sérieuse con- fuse to take under serious considera-
sidération un projet de transaction tion a proposed compromise which
qui puisse servir à faire atteindre le might serve to bring about the end
but que leurs Plénipotentiaires ont dé- which their Plenipotentiaries have in-
signé dès le commencement comme dicated since the beginning to be that
celui qu'ils ont en vue, c'est-à-dire, which they have in view, that is to
d'assurer une pacification solide et say, the assurance of a solid and dura-
durable. Sous ce rapport, la ligne de ble pacification. In this connection
898
DOCUMENTS
démarcation proposée ne saurait ce- the line of demarcation proposed
pendant remplir le but, puisque le could not fulfill the end in view, since
principal sujet de plainte et d'agitation the principal subject of complaint and
pour la plus grande partie des popu- agitation for the great part of the
lations du Schleswig continuerait non- populations of Schleswig would not
seulement de subsister, mais serait only continue to exist, but would even
même infiniment aggravé par leur be infinitely aggravated, by their sepa-
séparation d'avec le reste des Duchés, ration from the rest of the duchies,
et leur incorporation dans le Royaume and their incorporation in the King-
de Danemark.
dom of Denmark.
Les Plénipotentiaires Allemands The German Plenipotentiaries
doivent donc réserver à leurs Gouver- must, therefore, reserve to their Gov-
nements de faire des contre-proposi- ernments the right of making counter-
tions à cet égard
propositions as to this point.
Pour ce qui concerne le Duché de As for the Duchy of Lauenbourg,
Lauenbourg, . . . les Puissances Alle- the German Powers would prob-
mandes seraient probablement dis- ably be disposed to consider it as com-
posées à le considérer comme un objet pensation for a part of the northern
de compensation pour une partie du territory of the duchy of Schles-
territoire septentrional du Duché de wig.
Schleswig.
Protocole No. 7.— Séance du 2 Juin,
1864.1
Protocol No. 7.— Session of June 2,
1864.
Sur l'invitation de M. le Comte
Russell, M. DE QUAADE donne lecture
de la déclaration suivante :
On the invitation of Earl Russell.
M. DE QUAADE reads the following
declaration :
“S'il en devait être ainsi, si réelle- If it must be so, if the Powers of
ment les Puissances de l'Europe veu- Europe really wish to abandon the
lent abandonner le Traité de Londres, Treaty of London, His Majesty, to
Sa Majesté, pour éviter la reprise des avoid the reopening of hostilities, will
hostilités, ne s'opposera pas à une ces- not oppose a territorial cession, pro-
sion territoriale, pourvu toutefois vided however, that he obtains by it
qu'elle obtienne par là non-seulement not only peace but also an independent
la paix, mais aussi une existence indé- and absolutely autonomous existence
pendante et parfaitement autonome for what remains to him of his States
pour ce qui lui restera de ses Etats, and on the condition that the future
i Brit. St. Pap., vol. 54, p. 210.
THE SCHLESWIG QUESTION, 1848
899
et à la condition que la destinée future destiny of the ceded territories shall
des territoires cédés ne soit pas réglée not be settled without their consent.
sans leur consentement.
“Le Gouvernement Danois accepte
“ The Danish Government thus ac-
donc en principe la proposition faite cepts in principle the proposition
à la dernière séance par M. le Comte made at the last session by Earl Rus-
Russell pour le rétablissement de la sell for the reestablishment of peace
paix entre le Danemark et les Deux between Denmark and the two great
Grandes Puissances Allemandes. ... Germanic Powers. ..."
Sur une observation de M. le Comte On an observation by Earl Russell,
Russell, M. LE COMTE DE BERNSTORFF COUNT VON BERNSTORFF recalls that
rappelle que MM. les Plénipotentiaires the Germanic Plenipotentiaries have
Allemands se sont déjà prononcés à la• already, at the preceding session, pro-
séance précédente sur la frontière pro- nounced on the frontier proposition,
posée, et il cite une partie de la décla- and he cites a part of the declaration
ration qu'il avait alors faite au nom de which he had then made, in the name
ces Plénipotentiaires sur ce point. 11 of these Plenipotentiaries, on this
croit pouvoir annoncer cependant que point. He believes himself able to
leurs instructions les autorisent à pro- announce, meanwhile, that their in-
poser une ligne de démarcation qui structions authorized them to propose
serait à tracer entre Apenrade et Ton- a line of demarcation to be drawn be-
dern.
tween Apenrade and Tondern.
M. DE QUAADE ne saurait accepter M. DE QUAADE could not accept the
la discussion d'une ligne pareille, et discussion of such a line, and laid
fait valoir l'impossibilité dans laquelle stress on the impossibility of his tak-
il se trouve de la prendre en con- ing it under consideration.
sidération.
M. LE COMTE APPONYI explique COUNT APPONYI explained that the
que le point de départ des Puissances point of departure of the Germanic
Allemandes avait été la séparation du Powers had been the separation of the
Duché de Schleswig tout entier, et que Duchy of Schleswig in its entirety,
la proposition de la ligne d'Apenrade and that consequently the proposition
est par conséquent déjà une conces- of the Apenrade line is already a con-
sion.
cession.
M. LE COMTE RUSSELL rappelle que EARL RUSSELL recalls that the Ger-
MM. les Plénipotentiaires Allemands manic Plenipotentiaries have not in-
n'avaient pas compris la cession de cluded the cession of Lauenburg in
Lauenbourg dans leur première propo- their first proposition, but only the
sition, mais seulement la séparation complete separation of Schleswig and
complète des Duchés de Schleswig et of Holstein from Denmark.
de Holstein d'avec le Danemark,
900
DOCUMENTS
M. LE COMTE APPONYI rappelle Count APPONYI recalls that, in
qu'en effet la cession du Lauenbourg fact, the cession of Lauenbourg was
n'était pas mentionnée dans la pre- not mentioned in the first proposition
mière proposition des Plénipoten- of the Germanic Plenipotentiaries,
tiaires Allemands, et que ce n'est qu'à and that it is only after the English
la suite de la proposition Anglaise proposition that they have consented
qu'ils ont consenti à accepter le Duché to accept the Duchy of Lauenbourg
de Lauenbourg comme une compensa- as compensation for a part of north-
tion pour une partie du Schleswig ern Schleswig
Septentrional.
M. LE PRINCE DE LA TOUR D'AU- PRINCE DE LA TOUR D'AUVERGNE
VERGNE exprime l'opinion que la ces- expresses the opinion that the ces-
sion de Lauenbourg devrait être re- •sion of Lauenbourg ought to be re-
gardée comme un objet d'échange garded as an exchange for the mixed
pour la partie mixte du Schleswig. part of Schleswig.
M. DE KRIEGER soutient que le prin- M. VON KRIEGER maintains that the
cipe de nationalité est un élément très- principle of nationality is a very es-
essentiel de la question, mais non pas sential element of the question, but
le seul à être pris en considération. not the only one to be taken into con-
sideration.
M. LE COMTE DE BERNSTORFF ré- COUNT VON BERNSTORFF answers
pond qu'il en a été précisément tenu that it has been accurately taken into
compte dans la proposition Alle- account in the German proposition;
mande; et M. DE BIEGELEBEN fait ob- and M. DE BIEGELEBEN observes that,
server que d'après la déclaration de according to the declaration of the
MM. les Plénipotentiaires Danois eux- Danish Plenipotentiaries themselves,
mêmes, ce sont les intérêts militaires it is the military and commercial in-
et commerciaux du Danemark qui terests of Denmark which should de-
devraient déterminer le tracé de la termine the drawing of the frontier,
frontière, sans que dans cette déclara- no mention being made in this decla-
tion il ait été fait mention du principe ration of the principle of nationality.
de nationalité.
A l'invitation de M. le Comte Rus- On the invitation of Earl Russell,
sell, M. DE QUAADE propose alors M. DE QUAADE then proposes as a
pour frontière une ligne qui serait frontier a line to be traced to the south
tracée au sud de la ville d'Eckernforde of the town of Eckernforde and to the
et au sud de la ville de Schleswig, sui- south of the city of Schleswig, follow-
vant la ligne du Dannewerke jusqu'à ing the line of Dannewerke as far as
Friedrichstadt.
Friedrichstadt.
Une carte indiquant les principaux A map indicating the principal
THE SCHLESWIG QUESTION, 1848
901
points par lesquels cette ligne devrait points traced by the Plenipotentiaries
passer est annexée au présent Proto- through which this line should pass is
cole.
annexed to the Present Protocol. .
L'examen en ayant été fait par This having been examined by the
MM. les Plénipotentiaires, M. LE Plenipotentiaries, Earl Russell be-
COMTE RUSSELL croit qu'il devient lieves that it would be useful to estab-
utile de constater les points sur les- lish the points on which the Confer-
quels la Conférence pourrait peut- ence might perhaps come to an agree-
être tomber d'accord :
ment:
1. Le Roi de Danemark ne s'op- 1. The King of Denmark will not
posera pas à une cession territoriale,
oppose a territorial cession provided
pourvu qu'elle assure au Danemark that it assures to Denmark not only
non-seulement la paix, mais aussi une peace, but also an independent and
existence indépendante et parfaite- absolutely autonomous existence.
ment autonome.
2. Et à condition que la destinée 2. And on condition that the future
future des territoires cedés ne soit pas destiny of the territories ceded shall
réglée sans leur consentement.
not be settled without their consent.
3. Il faut au Danemark une fron- 3. It is essential that Denmark
tière qui tienne compte à la fois de ses should have a frontier which should
intérêts militaires et de ses intérêts take into account both its military and
commerciaux.
commercial interests.
4. Cette frontière devrait être en- 4. This frontier should be sur-
tourée de garanties suffisantes. rounded by sufficient guarantees.
Dans cette état de choses, il semble In this state of affairs it appears
à M. LE COMTE RUSSELL qu'il convien- to EARL RUSSELL that it would little
drait peu à l'honneur des Puissances consort with the honor of the Euro-
Européenes de ne pas réussir à trouver pean Powers to fail to succeed in find-
la solution des difficultés qui restent à ing the solution of the difficulties
régler, sans le recommencement de la which remain to be settled, without
guerre, qui serait la plus deplorable de the resumption of the war, which
toutes les solutions. Les Plénipoten- would be the most deplorable of all
tiaires des Puissances neutres regar- solutions. The Plenipotentiaries of
dent-les conditions dont il est question the neutral Powers regard the condi-
comme parfaitement juste et raison- tions in question as perfectly just and
nables. Il serait donc bien à regretter reasonable. It would, then, be very
dans l'intérêt de l'Europe que la guerre regrettable, in the interests of Eu-
vînt à recommencer et dans ce cas il rope, that the war should begin again
serait vraiment difficile de prévoir où and in this case it would be most dif-
est quand elle s'arrêterait.
ficult to foresee where and when it
would cease.
902
DOCUMENTS
point.
M. LE COMTE APPONYI croit devoir COUNT APPONYI believes that he
faire ses réserves quant au point deux, should make reservations as to point
en tant qu'il implique un appel direct 2 in so far as it implies a direct appeal
au suffrage des populations. Il ne to the votes of the populations. He
saurait accepter cette modalité, ni en is unable to accept this method either
principe, ni comme un moyen de so- in principle or as a means of practical
lution pratique, à cause de la difficulté solution, because of the difficulty of
d'obtenir dans les districts mixtes une obtaining in the mixed districts an ac-
frontière acceptable et respondant en ceptable frontier, responding at the
même temps, dans chaque localité, aux same time in each locality to the
vaux de deux nationalités aussi mé- wishes of the two nationalities which
langées.
are so mingled.
A cette occasion M. DE BIEGELEBEN On this occasion M. DE BIEGELEBEN
rappelle que M. le Plénipotentiaire de recalls that the Plenipotentiary of
France a reconnu dans la dernière France has recognized at the last
séance l'impossibilité absolue de pren- meeting the absolute impossibility of
dre sur ce point la nationalité pour taking nationality for the rule on this
règle.
M. LE BARON DE BEUST est d'avis BARON VON Beust is of the opinion
qu'une consultation des populations that a consultation of the populations
serait susceptible d'amener un résultat would be susceptible of leading to a
pratique. Il n'entend pas qu'on de- practical result. He does not under-
mande à chaque bourg et à chaque stand that each borough and village
village s'il veut être Allemand ou will be asked whether it wishes to be
Danois, et qu'on en dispose en consé- German or Danish, and will then be
quence, mais que dans tel ou tel dis- disposed of accordingly, but that in
trict, qui serait destiné à être détaché such or such district, which would be
du Schleswig on constate si la ma- destined to be detached from Schles-
jorité de la population est vraiment wig, it would be determined whether
Danoise.
the majority of the population is
really Danish.
M. LE PRINCE DE LA TOUR D'AU- PRINCE DE LA TOUR D'AUVERGNE
VERGNE fait remarquer que la Con- remarks that the Conference, having
férence ayant posé le principe de la stated the principle of the separa-
séparation du Schleswig, et ce prin- tion of Schleswig, and this principle
cipe ayant été admis aussi bien par having been admitted as well by the
MM. les Plénipotentiaires Allemands German Plenipotentiaries as by the
que par MM. les Plénipotentiaires Danish Plenipotentiaries, the method
Danois, le mode de procéder indiqué of procedure indicated by Baron von
par M. le Baron de Beust pourrait Beust might lead to a result very dif-
amener un résultat tout différent de ferent from that which the Confer-
THE SCHLESWIG QUESTION, 1848
903
celui que la Conférence a en vue. ence had in view. To the mind of
Dans la pensée du Gouvernement de the Government of the Emperor, it is
l'Empereur, c'est principalement dans principally in the territories which
les territoires qui seraient détachés de would be detached from the Danish
la Monarchie Danoise, et où il s'agit Monarchy, and where it is a question
d'établir un état de choses nouveau, of establishing a new state of affairs,
qu'il est indispensable de consulter les that it is indispensable to consult the
populations.
populations.
M. LE BARON DE BEUst persiste à Baron von Beust persists in main-
soutenir que le même principe est ap- taining that the same principle is ap-
plicable aux districts qui doivent être plicable to the districts which should
séparés du Schleswig.
be 'separated from Schleswig.
M. LE COMTE RUSSELL demande si EARL RUSSELL asks whether the
MM. les Plénipotentiaires des Puis- Plenipotentiaries of the belligerent
sances belligérantes ne pourraient pas Powers could not confer together,
conférer ensemble avec quelque chance with some chance of agreeing on the
de se mettre d'accord sur la nouvelle new frontier without losing sight of
frontière, sans perdre de vue les veux the wishes of the populations.
des populations.
M. LE COMTE DE BERNSTORFF se COUNT VON BERNSTORFF declares
déclare prêt à conférer avec MM. les himself ready to confer with the Da-
Plénipotentiaires Danois dans ce but, nish Plenipotentiaries for this pur-
et à adopter tous les moyens qui puis- pose, and to adopt any means which
sent conduire à une entente, nommé- could lead to an agreement, and in
ment celui de consulter les voeux des particular that of consulting the
populations.
wishes of the populations.
LES PLÉNIPOTENTIAIRES DANOIS.se The DANISH PLENIPOTENTIARIES
déclarent également prêts à conférer declare themselves equally ready to
avec les Plénipotentiaires Allemands confer with the German Plenipoten-
dans le cas où il y aurait probabilité tiaries in case there should be a prob-
de pouvoir s'entendre sur la frontière ability of being able to come to an
à tracer.
understanding as to the frontier to be
drawn.
Pendant une discussion à laquelle During a discussion in which all the
prennent part tous les Plénipoten- Plenipotentiaries take part, on the dif-
tiaires, sur les difficultés qui se rat- ficulties which attach to this question
tachent à cette question et sur les and on the means of obviating them,
moyens d'y obvier, M. le Comte de Count von Bernstorff says that he is
Bernstorff dit qu'il n'est pas autorisé not authorized to propose any other
à proposer d'autre ligne que celle line than that of Apenrade which he
904
DOCUMENTS
d'Apenrade dont il a déjà fait men- has already mentioned, but that he and
tion, mais que lui et son collègue, dé- his colleagues desiring to do all in
sirant faire leur possible pour arriver their power to arrive at a solution,
à une solution, seraient disposés à would be disposed to recommend to
recommander à leur Gouvernement their Government the adoption of a
l'adoption d'une ligne qui partirait de line which should start from the Bay
la Baie de Flensbourg au nord de la of Flensbourg to the north of the
ville de ce nom, et aboutirait à Hoyer town of that name, and should end at
en passant au nord de Tondern, et qui Hoyer, passing to the north of Ton-
comprendrait les Iles Frisonnes dans dern, and which should include the
la partie du Duché à réunir à l'Alle- Frisian Islands in that part of the
magne.
duchy to be united to Germany.
MM. LES PLÉNIPOTENTIAIRES DA- The DANISH PLENIPOTENTIARIES
NOIS trouvent cette ligne également find this line equally inadmissable.
inadmissible.
M. LE COMTE DE BERNSTORFF rap-
COUNT VON BERNSTORFF recalis
pelle qu'il est surtout important de that it is of the first importance to
savoir si MM. les Plénipotentiaires know whether the Danish Plenipoten-
Danois peuvent consentir a une pro- tiaries can consent to a prolongation
longation de la suspension d'hos- of the suspension of hostilities.
tilités.
M. DE QUAADE répond qu'il a déjà M. DE QUAADE answers that he has
exprimé l'opinion que son Gouverne- already expressed the opinion that his
ment ne consentirait pas, à moins qu'il Government will not consent, at least
n'y eût probabilité d'une solution pa- unless there is some probability of a
cifique. Mais jusqu'à présent cette pacific solution. But up to the pres-
probabilité n'est pas à entrevoir. ent this possibility is not evident.
M. LE BARON DE BRUNNOW de- BARON DE BRUNNOW asks in what
mande en quoi consisterait la persua- would consist the persuasion of the
sion de MM. les Plénipotentiaires Danish Plenipotentiaries that they
Danois qu'ils arriveraient à la paix.
would arrive at a peace.
M. DE QUAADE répond en rappelant M. DE QUAADE answers by recalling
que le Danemark a accepté en principe that Denmark has accepted in princi-
la proposition de M. le Comte Rus- ple the proposition of Earl Russell,
sell, reposant sur la base du partage based on the division of the Dịchy of
du Duché de Schleswig moyennant Schleswig by means of a line which
une ligne qui ne fût pas tracée plus au should not be traced further to the
nord que l'embouchure de la Slei et north than the mouth of the Schley
la ligne du Dannewerke; tandis que and the line of the Dannewerke:
MM. les Plénipotentiaires Allemands while the German Plenipotentiaries
THE SCHLESWIG QUESTION, 1848
905
disent que leurs gouvernements con- say that their Government would
sentirait peut-être à une ligne pren- possibly consent to a line taking its
nant son point de départ au nord de point of departure to the north of
Flensbourg. Dans cet état de choses Flensburg. In this state of affairs
on est si loin de s'entendre que le one is so far from an understanding
Gouvernement Danois ne saurait con- that the Danish Government would
sentir à la prolongation demandée. not be able to consent to the prolonga-
tion requested.
M. LE BARON DE BRUNNOW, d'or- BARON DE BRUNNOW, at the order
dre de sa Cour, fait part à la Con- of his Court, makes the following
férence de la communication suivante: communication to the Conference:
“L'Ambassadeur de Russie a an- “The Ambassador of Russia has
noncé que l'Empereur, désirant fa- announced that the Emperor, desiring
ciliter, autant qu'il dépend de lui, les to facilitate, in so far as lies in his
arrangements à conclure entre le
conclure entre le power, the arrangements to be con-
Danemark et l'Allemagne, en vue du cluded between Denmark and Ger-
rétablissement de la paix, a cédé à inany, in view of the reestablishment
Monsigneur le Grand-Duc d'Olden-
of peace, has ceded to Monsigneur the
bourg les droits éventuels que le § 3 Grand Duke of Oldenburg the even-
du Protocole de Varsovie du 23 Mai/ tual rights which § 3 of the Protocol
5 Juin 1851, a réservés à Sa Majesté of Warsaw of May 23/June 5, 1851,
comme chef de la branche aînée de has reserved to His Majesty as Chief
Holstein-Gottorp.
of the elder branch of Holstein-Got-
torp.”
M. LE PRINCE DE LA TOUR D'AU- The PRINCE DE LA TOUR D'AU-
VERGNE dit qu'il doit profiter de l'oc- VERGNE says that he must profit by
casion qui lui est offerte par M. l'Am- the occasion which is offered to him
bassadeur de Russie, pour maintenir by the Ambassador of Russia, to
formellement le point de vue de son maintain formally the point of view
Gouvernement, d'après lequel aucun of his Government, according to
état de choses nouveau ne saurait être which no new state of affairs should
établi dans les territoires détachés de be established in the territories de-
la Monarchie Danoise, sans le con- tached from the Danish Monarchy,
cours et le consentement des popula- without the concurrence and consent
tions loyalement consultées. Il est of the populations, faithfully consult-
heureux d'ailleurs de pouvoir rendre ed. He is happy, moreover, to be
hommage à l'ésprit de conciliation qui able to do homage to the spirit of
a dicté la déclaration de la Cour de conciliation which has dictated the
Russie.
declaration of the Court of Russia.
906
DOCUMENTS
LE
M. COMTE WACHTMEISTER COUNT WACHTMEISTER expresses
s'exprime de la manière suivante: himself in the following manner :
" Je dois rendre hommage à la “I must render homage to the high
haute preuve d'intérêt à la réussite des proof of interest in the success of the
travaux de cette Conférence donnée labors of the Conference given on the
de la part de Sa Majesté l'Empereur part of His Majesty the Emperor
de Russie par la déclaration dont M. of Russia, by the declaration which
le Baron de Brunnow vient de donner Baron de Brunnow has just read.
lecture. Cette renonciation de l'Em- This renunciation, by the Emperor, of
pereur aux droits qui pourraient re- rights over a part of Holstein which
venir à Sa Majesté dans certaines might revert to His Majesty in cer-
éventualités sur une partie du Holstein tain eventualities, can only facilitate
ne peut que faciliter à un haut degré to a high degree the final arrangement
l’arrangement final qui disposera du which shall dispose of the fate of Hol-
sort du Holstein. En même temps je stein. At the same time I must recall
dois rappeler ma déclaration anté- my previous declaration that in the
rieure, que dans la pensée de mon mind of my Government the future
Gouvernement la destinée future des destiny of the countries which may be
pays qui pourront être cédés par le ceded by Denmark should not be defi-
Danemark ne pourrait être définitive- nitely settled without the consent of
ment arrêtée sans le consentement de their inhabitants."
leurs habitants.”
Protocole No. 9.- Séance du 9 Juin,
1864.
Protocol No. 9,- Session of June 9,
1864.
.
M. LE BARON DE BEUST · s'ex- BARON VON BEUST thereupon
prime alors dans les termes suivants : expresses himself in the following
terms:
Je me suis abstenu d'intervenir “I have abstained in the discus-
dans la discussion qui avait lieu dans sion which took place at the session
l'avant-dernière séance sur la ques- before last on the question of the
tion des frontières, ne me trouvant pas frontiers, not being authorized to
autorisé à me prononcer pour telle ou commit myself as to this or that line.
telle ligne. Les instructions que j'ai The instructions which I have re-
reçues depuis de la Diète, après lui ceived from the Diet, after having
avoir rendu compte de la séance du 28 given it an account of the session of
Mai, approuvent les déclarations faites May 28, approve the declarations
alors par moi de concert avec MM. made by me then, in concert with the
les Plénipotentiaires d'Autriche et de Plenipotentiaries of Austria and of
THE SCHLESWIG QUESTION, 1848
907
un
Prusse, et conséquemment c'est sur Prussia, and consequently it is by
elles que j'ai à me régler. Ces décla- them that I must rule my actions.
rations se trouvent consignées dans le These declarations will be found in
Protocole. M. le Comte de Bern- the Protocol. Count von Bernstorff,
storff, parlant au nom des Plénipo- speaking in the name of the Germanic
tentiaires Allemands, a fait entrevoir Plenipotentiaries, has pointed out that
qu'on serait disposé à céder une partie there would be a disposition to cede
du territoire septentrional du Schles- a part of the northern portion of
wig et de considérer l'abandon du Schleswig and to consider the aban-
Duché de Lauenbourg comme donment of the Duchy of Lauenbourg
équivalent; il a dit en même temps as an equivalent; he has said at the
que la ligne de démarcation proposée same time that the line of demarca-
par le Gouvernement de Sa Majesté tion proposed by the Government of
Britannique ne saurait remplir le but Her Britannic Majesty could not ful-
d'une paix solide et durable, puisque fill the object of a solid and durable
le principal sujet de plainte et d'agi- peace, since the principal subject of
tation pour la plus grande partie des complaint and of agitation for the
populations du Schleswig continuerait greater part of the population of
non-seulement de subsister, mais serait Schleswig would not only continue to
même infiniment aggravé par leur
exist but would be infinitely aggra-
séparation d'avec le reste des Duchés vated by their separation from the
et leur incorporation dans le Royaume rest of the duchies and their incor-
de Danemark.
poration in the Kingdom of Denmark.
Dans ma pensée les termes de cette “ To my mind the terms of this
manifestation indiquent clairement statement indicate clearly that it is
qu'on n'entend pas consentir à l'aban- not intended to consent to the aban-
don de telle partie du territoire Schles- donment of any part of the territory
wickois dont la population dans sa of Schleswig where the majority of
majorité se refuserait à l'accepter. the population should refuse to ac-
cept it.
“ Je suis heureux de constater que “I am happy to state that the Con-
la Confédération, en se plaçant à ce federation, in adopting this point of
point de vue, est dans le cas de ce pré- view, is in a position to take pride in
valoir de la manière dont il a plu aux the manner in which the neutral Pow-
Puissances neutres d'envisager la ques- ers have regarded the question. The
tion. MM. les Plénipotentiaires de Plenipotentiaries of Great Britain un-
la Grande Bretagne entendent que la derstand that the future destiny of
destinée future du Duché de Holstein, the Duchy of Holstein, of the Duchy
du Duché de Lauenbourg, et de la par- of Lauenbourg and of the southern
tie méridionale du Schleswig, ne serait part of Schleswig, would not be
pas réglée sans leur consentement. settled without their consent. The
908
DOCUMENTS
M. le Plénipotentiaire de France a dé- Plenipotentiary of France has upheld
claré maintenir le point de vue de son the point of view of his Government,
Gouvernement, d'après lequel aucun according to which no new state of
état de choses nouveau ne saurait être things could be established in the ter-
établi dans les territoires détachés de ritories detached from the Danish
la Monarchie Danoise sans le concours Monarchy without the concurrence
et le consentement des populations and consent of the populations, faith-
loyalement consultées. M. le Pléni- fully consulted. Finally, the Pleni-
potentiaire de Suède enfin a déclaré potentiary of Sweden has declared
que son Gouvernement entend que le that his Government understands that
sort futur des provinces qui seraient the future destiny of the provinces
cédées par le Roi de Danemark ne soit which should be ceded by the King of
point réglé sans leur consentement. Deninark shall not be settled without
their consent.
“Il me paraît impossible d'admettre It would seem to me impossible to
que les Puissances neutres entendent admit that the neutral Powers intend
établir un principe avec l'intention d'en to establish a principle with the inten-
exclure une application logique et im- tion of excluding a logical and impar-
partiale. Il m'est impossible de leur tial application. It is impossible for
supposer la pensée qu'il faut consulter me to impute to them the thought that
des populations qui doivent appartenir it is necessary to consult the popula-
à l'Allemagne pour savoir si cet avenir tions which would belong to Ger-
leur convient, mais que cette précau- many, in order to know whether this
tion est inutile avec celles qui doivent destiny is pleasing to them, but that
y rester étrangères. Il m'est impos- this precaution is useless in the case
sible enfin de ne pas rappeler que je of those who are to remain foreign to
considère le Schleswig comme ayant it. Finally, it is impossible for me
cessé de faire partie de la Monarchie not to recall that I consider Schles-
Danoise, et que dans cet ordre d'idées wig as having ceased to form a part
ce n'est pas d'elle mais à son profit of the Danish Monarchy, and that ac-
qu'il s'agit de détacher une partie du cording to this order of ideas, it is
Schleswig, du consentement de son not against her but to her advantage
Souverain, qui ne se refusera pas à that it is proposed to detach a part of
tenir compte du væu des popula- Schleswig, with the consent of its
tions.”
Sovereign, who will not refuse to take
account of the wish of the popula-
tions."
M. LE BARON DE BRUNNOW tient à BARON DE BRUNNOW insists on
établir que quoique M. le Baron de stating that although Baron von Beust
Beust considère le Slesvig comme considers Schleswig as having ceased
ayant cessé de faire partie de la Mon- to form a part of the Danish Mon-
THE SCHLESWIG QUESTION, 1848
909
archie Danoise, les Puissances neutres archy, the neutral Powers regard the
regardent la question d'un point de question from a point of view dia-
vue diametralement opposé. Quant à metrically opposite. As for the prop-
la proposition de MM. les Plénipoten- osition of the Plenipotentiaries of
tiaries de la Grande-Bretagne, énoncée Great Britain, announced at the ses-
dans la séance du 28 Mai, ils voulaient sion of May 28, they were speaking
parler seulement de la partie méri- solely of the southern part of Schles-
dionale du Slesvig, et non du Duché wig, and not of the entire Duchy. .
en entier.
BARON VON BEUst claims the right
M. LE BARON DE BEUST reclame le to state his opinions, without pre-
droit d'émettre ses opinions, sans tending to impose them on the other
avoir la prétention de les imposer aux Plenipotentiaries. For his part he
autres Plénipotentiaires. De son côté has not been able to agree with the
il n'a pas pu partager l'opinion de M. Plenipotentiary of Russia, who re-
le Plénipotentiaire de Russie, qui re- gards Schleswig as an integral part of
garde le Schleswig comme partie in- the Danish Monarchy. As for the
tégrante de la Monarchie Danoise. second point, he wishes solely to re-
Quant de deuxième point, il veut seule- mark that it is impossible to admit an
ment remarquer qu'il lui est impos- unequal application of an established
sible d'admettre une application in- principle, and that if the population
égale du principe établi; et que si les in the southern part of Schleswig
populations dans la partie méridionale should be consulted on the subject of
du Schleswig doivent être consultées their future destiny, it should be the
au sujet de leur destinée future, il same with the population in the north-
devrait en être de même avec les popu- ern part of this Duchy.
lations dans la partie septentrionale
de ce Duché.
M. DE QUAADE tient encore à faire M. DE QUAADE again wishes to
une observation sur un point relatif make an observation on a point relat-
au consentement des populations. En ing to the consent of the populations.
se référant à sa déclaration du 2 Juin, In referring to his declaration of June
rappelle que le Roi Chrétien IX n'a 2, he recalls that King Christian IX
consenti à une cession territoriale has consented to an eventual territo-
éventuelle qu'à la condition expresse rial cession, only on the express con-
de rester Souverain indépendant des dition that he shall remain an inde-
territoires qui ne seront pas cédés. pendent Sovereign over the territories
not ceded.
M. LE BARON DE BEUst maintient BARON VON BEUST maintains his
son point de vue.
point of view.
Revenant sur la question de la fron- Returning to the question of the
910
DOCUMENTS
tière, et se référant aux différentes frontier, and referring to the different
lignes qui avaient été proposées, M. lines which had been proposed, EARL
LE COMTE RUSSELL dit qu'il doit y RUSSELL says that it should be possi-
avoir possibilité de faire un arrange- ble to come to an arrangement safe-
ment, en sauvegardant les intérêts de guarding both the interests of Europe
l'Europe et l'indépendance politique and the political independence of
du Danemark.
Denmark.
M. DE BALAN demande pourquoi la M. DE BALAN asks why the line of
ligne d'Apenrade ne serait pas recon- Apenrade should not be recognized
nue suffisante pour ce but?
as sufficient for this purpose ?
M. LE COMTE DE CLARENDON tient The EARL OF CLARENDON wishes
à savoir quelles peuvent être les rai- to know what might be the reasons
sons qui ont décidé à mettre en avant for the decision to propose this line.
cette ligne. La ligne proposée par The line proposed by the English
MM. les Plénipotentiaires Anglais a Plenipotentiaries has been chosen as a
été choisie comme une bonne ligne good commercial and military line.
commerciale et militaire. Il tient It must also be stated that this line has
aussi à constater que cette ligne n'a been proposed only with the assent of
été proposée que de concours avec the Plenipotentiaries of the neutral
MM. les Plénipotentiaires des Puis- Powers, who have supported it in the
sances neutres, qui l'ont appuyée dans Conference.
la Conférence.
M. LE COMTE DE BERNSTORFF ne COUNT VON BERNSTORFF does not
voit pas la ligne Anglaise réunisse ces see that the English line combines
avantages. Cette ligne n'a, selon lui, these advantages. This line has not,
aucune base, car elle n'est ni une bonne according to him, any basis, for it is
ligne militaire, puisque les événements neither a good military line, since the
de la guerre ont suffisament prouvé events of the war have sufficiently
qu'elle ne peut être maintenue contre proved that it can not be maintained
une grande armée, ni une ligne na- against a great army, nor a national
tionale, puisqu'elle ne sépare nulle- line, since it does not at all separate
ment les nationalités et laisserait même the nationalities and would even leave
la plus grande partie des districts the greater part of the purely Ger-
purement Allemands sous la domina- manic districts under Danish domina-
tion Danoise.
tion.
Répondant à la question de M. le In answer to the question of
Comte de Clarendon, M. LE COMTE Lord Clarendon, COUNT VON BERN-
DE BERNSTORFF dit que le premier STORFF says that the first object of
objet de la ligne proposée par les the line proposed by the Germanic
Puissances Allemandes avait été Powers had been to exchange the
d'échanger le Duché de Lauenbourg Duchy of Lauenbourg for a portion
THE SCHLESWIG QUESTION, 1848
911
contre une portion du Schleswig Sep- of Northern Schleswig; that later
tentrional; que plus tard lorsque de when it had been maintained by the
la part des Puissances neutres on avait neutral Powers that a good military
fait valoir qu'il fallait une bonne ligne line was a necessity for Denmark, and
militaire au Danemark, et que celle that that of Apenrade. did not satisfy
d'Apenrade ne satisfaisait pas à ce this need, the Prussian Plenipotenti-
besoin, les Plénipotentiaires Prussiens aries had declared themselves ready
s'étaient déclarés prêts à recommander to recommend to their Government a
à leur Gouvernement une ligne plus line further south, that is to say, one
méridionale, à savoir, celle qui lais- which would leave to Denmark the
serait au Danemark la position d’Al- position of Alsen and of Duppel, and
sen et de Düppel, et lui donnerait ainsi which would thus give it, with the
avec l'autre position de Fionie et de other position of Fione and of Frie-
Friedericia, une ligne de défense beau- clericia, a line of defense much strong-
coup plus forte, comme la dernière
er, as the last war has proved, than
guerre l'avait prouvé, que celle de la that of the Schley and of the Dan-
Slei et du Dannewerke: qu'en outre newerke: that, moreover, this line
cette ligne réunissait le grand avantage would combine the great advantage of
de partager les deux nationalités dividing the two nationalities better
mieux que toute autre ligne, puisque than any other line, since it was the
c'était celle qui avait séparé depuis la one which had separated, since the
Réformation, et jusqu'en 1848, l'ıısage Reformation and up to 1848, the use
des langues Allemande et Danoise of the German and the Danish lan-
dans l'église et l'école. M. le Comte
guages in church and school. Count
de Bernstorff croit que ces raisons von Bernstorff believes that these rea-
pour suggérer la ligne en question sont sons for suggesting the line in ques-
de fort bonnes raisons. Il fait ce-
tion are very excellent reasons. He
pendant itérativement remarquer qu'il repeats, however, that he has only
n'a pu que promettre de la recom- been able to promise to recommend it
mander son Gouvernement, et qu'il to his Government, and that he is not
n'est point encore autorisé à la pro- yet authorized to propose it, since
poser, puisque de l'autre côté on n'a nothing has been done up to now by
rien fait jusqu'ici pour venir à la ren- the other side towards meeting the
contre des propositions Allemandes. German propositions.
M. LE COMTE RUSSELL fait ob- EARL RUSSELL observes that this
server que cette ligne n'a pas été ac- line has not been accepted by Austria.
ceptée par l'Autriche.
M. LE COMTE APPONYI répond que COUNT APPONYI answers that ac-
d'après ses instructions il est autorisé cording to his instructions he is au-
à l'accepter.
thorized to accept it.
Dans l'avis de M. DE BIEGELEBEN In the opinion of M. DE BIEGELE-
912
DOCUMENTS
ne
la ligne de Flensbourg à Tondern est BEN the Flensbourg-Tondern line is
aussi une bonne ligne commerciale. also a good commercial line.
MM. LES PLÉNIPOTENTIAIRES DU The PLENIPOTENTIARIES OF DEN-
DANEMARK maintiennent que la na- MARK maintain that the nationality of
tionalité de la partie mixte du Schles- the mixed part of Schleswig is essen-
wig est essentiellement Danoise. tially Danish.
M. LE COMTE BERNSTORFF insiste Count von Bernstorff insists on the
sur la nécessité de consulter les popu- necessity of consulting the populations
lations mêmes pour prouver le véri- themselves in order to prove the true
table état des choses.
state of affairs,
Par suite d'une demande faite par In consequence of a request made
M. le Comte Russell, M. DE QUAADE by Earl Russell, M. DE QUAADE recalls
rappelle que son Gouvernement s'est that his Government has declared it-
déclaré prêt à faire de grands sacri- self ready to make great sacrifices in
fices pour arriver au rétablissement de order to arrive at a restoration of
la paix, mais qu'il y a des limites qu'il peace, but there are limits which he
saurait dépasser. Afin d'aller can not exceed. In order to go as far
aussi loin que possible dans la voie des as possible along the path of conces-
concessions, le Gouvernement Danoissions, the Danish Government could
pourrait adopter la proposition Ang- adopt the English proposition of May
laise du 28 Mai dans sa totalité; il 28 in its entirety; it could then more
pourrait donc
donc plus spécialement especially adopt the frontier proposed
adopter la frontière proposée par M. by Earl Russell, that is to say, a line
le Comte Russell, c'est-à-dire, une of demarcation beginning at the
ligne de démarcation partant de l'em- mouth of the Schley and running
bouchure de la Slei et allant le long along the Dannewerke to the town
du Dannewerke jusqu'à la ville de of Friedrichstadt.
Friedrichstadt.
M. DE KRIEGER présente des obser- M. DE KRIEGER presents observa-
vations contre la ligne indiquée par tions against the line indicated by the
MM. les Ambassadeurs de l'Autriche Ambassadors of Austria and Prussia,
et de la Prusse, laquelle ligne ne lais- which line would leave to Denmark
serait au Danemark que la partie la only the most northern part of Schles-
plus septentrionale du Schleswig. Il wig. He holds that His Majesty
relève que Sa Majesté le Roi de Dane- the King of Denmark will not consent
mark ne consentira pas à ce que le that Lauenbourg should be regarded
Lauenbourg soit regardé comme com- as compensation for the purely Da-
pensation de la partie purement nish part of Schleswig.
Danoise du Schleswig.
COUNT VON BERNSTORFF says that
M. LE COMTE DE BERNSTORFF dit he was quite right in saying at the last
qu'il avait bien raison de dire dans la session that they were further from
THE SCHLESWIG QUESTION, 1848
913
an understanding than was supposed.
dernière séance qu'on était plus loin
de s'entendre qu'on ne le supposait.
Protocole No. 10.- Séance du 18 Juin,
1864.1
Protocol No. 10.— Session of June 18,
1864.
0
M. LE COMTE DE BERNSTORFF COUNT VON BERNSTORFF takes the
prend la parole et dit:
floor and says: “I am instructed to
J'ai à faire la déclaration sui- make the following declarations in the
vante au nom des Plénipotentiaires name of the Prussian Plenipotentia-
Prussiens :
ries: 'We have already pointed out
Nous avons déjà itérativement repeatedly that the Conference, in or-
fait remarquer que la Conférence, der to have the information of which
pour avoir les informations dont elle it is in need, ought to be enlightened
a besoin, devait être éclairée sur les as to the wish of the populations of
vaux des populations du pays dont the country whose future forms the
l'avenir fait l'objet de ses délibera- object of its deliberations. Guided
tions. Guidés par cette conviction, et by this conviction, we, at the order
d'ordre de notre Gouvernement, nous of our Government, ask that the
demandons que les habitants du inhabitants of Schleswig should be
Schleswig soient consultés au sujet consulted on the subject of the dispo-
des dispositions à adopter à leur égard, sitions to be adopted in their regard,
et qu'il ne soit pas décidé du sort and that the fate of a part or of a
d'une partie ou de la totalité de ces whole of these populations should not
populations, sans que préalablement be decided, without their wishes hav-
leurs vœux aient été loyalement con- ing been previously faithfully con-
statés. Nous sommes autorisés à dis- sulted. We are authorized to discuss
cuter le mode de l'exécution et l'éten- the method of execution and the ex-
due de l'application à donner au prin- tent of the application to be given to
cipe dont nous proposons l'adop- the principle of which we propose the
tion.'
adoption.'
Sur la demande de M. le Comte On the question of Earl Russell as
Russell si les Plénipotentiaires de to whether the Plenipotentiaries of
Autriche adhèrent à cette déclaration, Austria adhere to this declaration,
M. LE COMTE APPONYI s'est exprimé Count APPONYI expressed himself in
en ces termes :
these terms: The Austrian Pleni-
“Les Plénipotentiaires Autrichiens potentiaries subscribe to the declara-
se joignent à la déclaration qui vient tion which has just been read by the
d'être lue par MM. les Plénipoten- Prussian Plenipotentiaries, in so far
1 Brit. St. Pap., vol. 54, p. 244.
914
DOCUMENTS
tiaires Prussiens, en tant que selon as, according to the opinion of the Im-
l'opinion du Gouvernement Impérial perial Government, the object of the
le but de l'æuvre de la paix ne pourra work of peace can not be completely
être complètement atteint que moyen- attained
attained except by means of the
nant le consentement des Duchés, ex- consent of the Duchies, expressed
primé par l'organe de leur Souverain through their Sovereign and their
et de leurs Représentants légalement Representatives, legally constituted.
constitués.
" Ils doivent cependant faire ob- “They must, however, observe that
server qu'à leur avis la question de la according to their opinion the question
cession d'une partie du Schleswig in- of the cession of a part of Schleswig
téresse presqu'autant le Holstein que interests Holstein almost as much as
le Schleswig, et qu'elle n'est pas de Schleswig, and that it is not of a na-
nature à être décidée par le vou des ture to be decided by the wish of the
populations consultées par districts ou populations consulted by districts or
par paroisses. Sous ce rapport ils ne by parishes. As to this point they
peuvent que se référer aux réserves can only refer to the reservations
qu'ils ont faites précédemment à ce which they have already made on this
sujet.”
subject."
M. DE QUAADE se réfère à la décla- M. DE QUAADE makes reference to
ration qu'il a faite dans la séance du the declaration which he has made at
2 Juin au nom du Gouvernement the session of June 2nd in the name
Danois. Il rappelle que le Roi de of the Danish Government. He re-
Danemark n'a consenti à une cession calls that the King of Denmark has
territoriale éventuelle qu'à condition consented to an eventual territorial
d'obtenir par là une existence indé- concession only on condition of ob-
pendante et parfaitement autonome taining by it an independent and per-
pour ce qui lui resterait de ses Etats, fectly autonomous existence for what
et qu'il n'a été nullement question de would remain to him of his Estates,
consulter les populations des terri- and that there has been no question of
toires qui doivent rester attachés au consulting the populations of the ter-
Danemark. Ce n'est que dans la par- ritories which are to remain attached
tie qui serait cédée que l'on devrait to Denmark. It is only in the part
tenir compte des veux des popula- which should be ceded that the wishes
tions.
of the population should be consid-
ered.
M. DE KRIEGER trouve également M. DE KRIEGER finds that this prop-
cette proposition inacceptable. Il osition is equally unacceptable. He
comprend que dans des circonstances
understands that in wholly extraordi-
tout-à-fait extraordinaires on ait re- nary circumstances one has recou
cours aux procédés exceptionnels de to the exceptional procedure of the
se
THE SCHLESWIG QUESTION, 1848
915
se
la consultation d'une nation ; mais ces consultation of a nation : but these ex-
circonstances extraordinaires ne traordinary circumstances do not pre-
présentent pas, et il n'existe pas pro- sent themselves, and there does not
prement une nationalité Schleswic-
exist, properly speaking, a Schleswig
koise. Une proposition comme celle nationality. A proposition like that
qui vient d'être faite, renferme une which has just been made contains a
petitio principii; il faudrait d'abord 'petitio principii”; it is first of all
qu'il eût été prouvé qu'une partie des necessary to prove that a part of the
populations soumises au Roi de Dane- populations under the rule of the King
mark devait être détachée des autres of Denmark ought to be detached
populations. Pourquoi ne consulter from the other populations. Why
que les sujets Schleswickois du Roi de consult only the Schleswig subjects of
Danemark ? Pourquoi ne pas aussi the King of Denmark? Why not
consulter tous les autres sujets de Sa consult also the other subjects of
Majesté ? Cette proposition ne pose His Majesty ? This proposition does
donc pas le principe des nationalités, not lay down the principle of nation-
mais plutôt le principe d'une autono- ality, but rather the principle of a
mie provinciale toute extraordinaire: wholly extraordinary provincial au-
elle applique singulièrement aux exi- tonomy: it applies solely to the cir-
gences qu'on veut fonder sur une cumstance that one wishes to base on
guerre un procédé auquel en général a war a procedure to which in general
on n'a recours que dans les révolu- one has recourse only in revolutions.
tions.
M. LE COMTE DE BERNSTORFF dit COUNT VON BERNSTORFF says that
que le but de la Conférence doit être the object of the Conference should
de tomber d'accord sur une ligne de be to agree on a frontier line, and for
frontière, et que pour cela il serait this it will be necessary to know the
nécessaire de connaître les veux des wishes of the populations interested in
populations intéressées dans la ques- the question.
tion.
M. LE BARON DE BRUNNOW s'ex- BARON DE BRUNNOW expresses
primé aussi :
himself as follows:
“Je regrette de me trouver dans 'I regret to find myself obliged to
l'obligation de déclarer que je diffère declare that I differ absolutely from
entièrement de l'opinion énoncée par the opinion stated by the Plenipoten-
MM. les Plénipotentiaires de la tiaries of Prussia. The sentiment
Prusse. Le sentiment de regret que of regret which I feel is the more
j'éprouve est d'autant plus vif qu'il poignant as it is painful to me to
m'est pénible d'être en désaccord avec disagree with the Representatives of
les Représentants d'une Puissance a Power united to Russia by the ties
unie à la Russie par les liens d'une of an intimate friendship. But if I
916
DOCUMENTS
amitié intime. Mais si je dois de owe proper consideration to the prop-
justes égards aux propositions d'une ositions of a friendly Power, so have
Puissance amie, j'ai des devoirs à I a duty to fulfill towards the Court
remplir envers la Cour que j'ai l'hon- which I have the honor to represent.
neur de représenter. Je dois, avant I must, above all, maintain the princi-
tout, maintenir les principes qui ser- ples which serve to regulate the policy
vent de règle à la politique de l'Em- of the Emperor. I should forsake
pereur. Je m'éloignerais de ces prin- these principles if I were to admit the
cipes si j'admettais l'appel que MM. appeal which the Plenipotentiaries of
les Plénipotentiaires de la Prusse pro- Prussia propose to make to the popu-
posent de faire aux populations du lations of Schleswig. For what pur-
Schleswig. Dans quel but veut-on les pose is it desired to consult them? Is
consulter? Il s'agit de les interroger it proposed to interrogate them in or-
pour savoir s'ils veulent rester fidèles der to ascertain whether they wish to
à leur Souverain? Et sous quelles cir- remain faithful to their Sovereign?
constances cette consultation aura-t- And under what circumstances will
elle lieu ? Elle se fera tandis que le this consultation take place? It will
pays est placé sous le régime d'une be while the country is placed under
occupation militaire."
the rule of a military occupation.”
M. LE PLÉNIPOTENTIAIRE DE RUS- The PLENIPOTENTIARY OF RUSSIA
SIE a rappelé ici les événements qui ont here recalled the events which led up
amené cette occupation. Les Cours to this occupation. The Courts of
d'Autriche et de Prusse ont déclaré Austria and of Prussia have declared
qu'en prenant possession du Duché de that in taking possession of the Duchy
Schleswig, elles considéraient ce pays of Schleswig, they would consider this
comme un gage matérial, entre leurs
country as a practical pledge in their
mains, afin d'obliger le Danemark à hands, to oblige Denmark to fulfill its
remplir ses engagements envers l'Alle-
engagements towards Germany. To-
magne. Aujourd'hui, après avoir
après avoir day, after having placed this Duchy
militairement occupé ce Duché, la under military occupation, Prussia,
Prusse, loin de restituer ce gage à son far from returning this pledge to its
Souverain, propose d'en appeler aux Sovereign, proposes to call on the in-
habitants afin qu'ils décident à qui ils habitants to decide to whom they wish
veulent appartenir. C'est aux pay- to belong. It is the peasants of
sans de Schleswig qu'on s'adresse pour Schleswig who are called on to trace
qu'ils tracent la frontière d'une con- the line of frontier of a country
trée qui forme en ce moment l'objet which at this moment forms the object
des délibérations de la Conférence de of the deliberations of the Conference
Londres. Est-ce là le but dans lequel of London. Is this the object for
les Représentants des grandes Puis- which the Representatives of the great
sances ont été appelés à se réunir à Powers have been called to meet at
-
THE SCHLESWIG QUESTION, 1848
917
Londres ? Le Plénipotentiaire de London? The Plenipotentiary of
Russie est loin de l'admettre. Dans Russia is far from admitting it. In
son opinion, les Puissances alliées ont his opinion, the. Allied Powers have
reconnu la nécessité de se concerter recognized the necessity of coming to
avec les autres Puissances signataires an agreement with the other Powers
du Traité de 1852 sur les arrange- signatory to the Treaty of 1852 as to
ments qu'il conviendrait de substituer the arrangements which it would be
à cette transaction, après une entente expedient to substitute for this trans-
établie d'une commun accord. Au- action, according to an agreement es-
jourd'hui, au lieu d'arriver à cette en- tablished by common accord. Today,
tente par les efforts, par les conseils instead of arriving at this agreement
réunis, des Représentants des Grandes by the efforts, by the united councils,
Puissances de l'Europe, voudrait-on of the Representatives of the great
consulter les populations du Schles- Powers of Europe, it is desired to
wig, pour subordonner à leur avis les consult the populations of Schleswig,
Actes de la Conférence! Le Pléni- in order to subordinate to their opin-
potentiaire de Russie, pour sa part, ne ion the Acts of the Conference. The
saurait donner son assentiment à cette Plenipotentiary of Russia, for his
proposition.
part, can not give his consent to this
proposition.
M. LE COMTE DE BERNSTORFF ne COUNT VON BERNSTORFF does not
voit pas pourquoi M. le Baron de
see why Baron de Brunnow has
Brunnow a parlé exclusivement des spoken exclusively of the peasants;
paysans; il y a d'autres habitants dans there are other inhabitants in the
le Duché de Schleswig: et il n'est pas Duchy of Schleswig; and it is not
même dit que les habitants doivent even said that the inhabitants should
décider, mais que la Conférence dev- decide, but that the Conference should
rait être éclairée sur les voeux des be enlightened as to the wishes of the
populations du pays dont l'avenir fait population of the country whose fu-
l'objet de ses déliberations. Quant à ture forms the subject of its delibera-
la question de l'occupation militaire tions. As
As for the question of the
pendant la consultation, elle n'a pas military occupation during the con-
encore été discutée.
sultation it has not yet been discussed.
M. LE BARON DE BRUNNOW dit que BARON DE BRUNNOW says that the
la proposition de consulter les sujets proposition of consulting the subjects
du Roi de Danemark en vue de le dé- of the King of Denmark with a view
posséder serait une combinaison nou- to dispossessing him would be a com-
velle de fait et un principe inadmis- bination new in practice and a princi-
sible en droit. Il regrette de l'enten- ple inadmissible in law. He regrets
dre émettre par M. le Plénipotentiaire to hear it advanced by the Plenipoten-
de Sa Majesté le Roi de Prusse. tiary of His Majesty, the King of
Prussia.
918
DOCUMENTS
M. LE COMTE DE BERNSTORFF ré- COUNT VON BERNSTORFF answers
pond qu'il n'est pas question dans la that there is no question, in the propo-
proposition de déposséder le Roi de sition, of dispossessing the King of
Danemark, mais seulement d'éclairer Denmark, but only of enlightening the
la Conférence sur la meilleure ligne Conference as to the best lines of de-
de démarcation à tracer.
marcation to be drawn.
M. DE QUAADE rappelle de nouveau M. DE QUAADE again recalls that a
qu'une cession territoriale n'a été ad- territorial cession has been admitted
mise que conditionnellement par son only conditionally by his Government,
Gouvernement, qui s'est réservé le which has reserved the right to revert
droit de revenir au Traité de Lon- to the Treaty of London.
dres.
.
M. LE COMTE DE CLARENDON fait The EARL OF CLARENDON agrees
observer que
il s'associe aux ob- with the observations of Baron de
servations de M. le Baron de Brun- Brunnow as to that which concerns
now en ce qui concerne la première the first declaration of Count von
déclaration de M. le Comte de Bern- Bernstorff, of which the object is to
storff, dont le but est de faire dé- dethrone the King of Denmark.
trôner le Roi de Danemark. C'est là This is, indeed, the real result which
le véritable résultat qu'on veut ob- it is desired to obtain by asking the
tenir en demandant aux sujets du Roi subjects of the King whether or not
s'ils veulent rester, on non, sous son they wish to remain under his author-
autorité. C'est encore là un principe ity. This is, indeed, a new and dan-
nouveau et dangereux, qu'il a en- gerous principle, to which he has lis-
tendu avec une pénible surprise. tened in painful surprise.
M. LE COMTE DE BERNSTORFF dit COUNT VON BERNSTORFF says that
qu'il n'a parlé spécialement ni de he has not spoken especially of either
bourgeois ni de paysans. Il désire bourgeois or peasants. He desires
surtout que ce soient les Etats du pays above all that it should be the Estates
qui aient à se prononcer, et il ne com- of the country which should have the
prend pas la surprise de Lord Claren- function of pronouncing on the ques-
don. Il cite la cession des Iles Ioni- tion, and he does not understand the
ennes, et la consultation des voeux de surprise of Lord Clarendon. He cites
leurs habitants à cet égard, comme the cession of the Ionian Islands, and
l'exemple le plus récent, donné par the consultation of the wishes of their
l’Angelterre elle-même, de l'applica- inhabitants in this regard, as the most
tion de ce principe, qui n'est nullement recent example, given by England,
aussi dangereux que le principe pro- herself, of the application of this prin-
clamé dans des pièces officielles ciple, which is nowhere near as dan-
émanées du Cabinet Britannique,
Cabinet Britannique, gerous as the principle proclaimed in
THE SCHLESWIG QUESTION, 1848
919
d'après lequel chaque peuple qui ne the official documents emanating from
serait pas content de son Gouverne- the British Cabinet, according to
ment aurait le droit de le renvoyer et which any people not content with
de s'en donner un autre. Le principe its Government would have the right
qu'il propose n'est pas non plus nou- to depose it and to give itself another.
veau, puisqu'il a été appliqué dans les The principle which he proposes is no
derniers temps presque à tous les pays longer novel, since it has been applied
qui ont changé de Maître. Il cite en- in recent times to nearly all the coun-
tre autres Naples, Toscane, la Savoie tries which have changed masters.
et Nice.
He cites, among others, Naples, Tus-
cany, Savoy and Nice.
M. LE COMTE DE CLARENDON ré- The Earl OF CLARENDON answers
pond que l'Angelterre n'était pas that England was not the Sovereign
Souveraine des Iles Ioniennes, mais of the Ionian Islands, but that she had
qu'elle en avait accepté le Protectorat accepted the Protectorate in the inter-
dans un intérêt Européen. Elle s'était est of Europe. She had declared her-
déclarée prête à abandonner ce Pro- self ready to abandon this Protector-
tectorat avec l'assentiment des autres ate with the assent of the other Pow-
Puissances, si c'était de vou général ers, if it should be the general wish of
des populations.
the populations.
M. LE BARON DE BRUNNOW rap- BARON DE BRUNNOW recalls that
pelle que les Iles Ioniennes formaient the Ionian Islands formed an inde-
un Etat indépendant, et qu'il ne s'agis- pendent State, and that there was no
sait nullement de les détacher de leur question of detaching them from their
Souverain.
Sovereign.
La question qu'il fallait résoudre se The question which was to be set-
réduisait à savoir si le Gouvernement tled reduced itself to that of ascer-
des Iles Ioniennes désirait rester sous taining whether the Government of
le Protectorat Anglais en conservant the Ionian Islands desired to remain
son indépendance, ou bien s'il préfé- under the English Protectorate while
rait y renoncer pour se réunir au Ro- keeping its independence, or whether
yaume Hellénique. C'est dans ce but it preferred to renounce this in order
que le Gouvernement de Sa Majesté to unite with the Hellenic Kingdom.
Britannique a consulté les vœux du It is with this object that the Govern-
Parlement Ionien. Cette détermina- ment of Her Britannic Majesty has
tion a été prise de concert avec les consulted the wishes of the Ionian
Répresentants réunis en Conférence Parliament. This determination was
à Londres. M. l'Ambassadeur de taken in concert with the Representa-
Prusse ne saurait l'avoir oublié, parce tives united in Conference at London.
qu'il a pris part lui-même aux délibér- The Ambassador of Prussia can not
920
DOCUMENTS
ations de cette Conférence. . Il devrait have forgotten it, for he himself took
se persuader ainsi que l'exemple des part in the deliberations of that Con-
Iles Ioniennes, auquel il se réfère, ne ference.
s'applique en rien à sa proposition ac- He should, therefore, be convinced
tuelle de consulter les habitants de
that the example of the Ionian
Schleswig, qu'ils soient paysans ou Islands, to which he refers, in no way
bourgeois.
applies to the present proposition of
consulting the inhabitants of Schles-
wig, whether they be peasant or bour-
geois.
M. LE COMTE DE BERNSTORFF de- COUNT VON BERNSTORFF asks to be
mande à citer un autre exemple que allowed to cite another example which
M. l'Ambassadeur de Russie admettra the Ambassador of Russia will per-
peut-être, puisque le Gouvernement de haps admit, since the Government of
Russie y a lui-même concouru, c'est Russia has itself concurred in it.
celui de la Grèce, ou une révolution namely that of Greece, where a revo-
a eu lieu, et où un nouveau Souverain
lution has taken place, and where a
a été établi en vertu d'une plébiscite. new Sovereign has been established
Il ne comprend pas l'application d'un by virtue of a plebiscite. He does not
principe dans un cas, et sa répudiation understand the application of a prin-
dans l'autre.
ciple in the one case and its repudia-
tion in the other.
M. LE BARON DE BRUNNOW répond BARON DE BRUNNOW answers that
que la Grèce n'a pas été occupée par Greece was not occupied by Rus-
la Russie comme le Schleswig est oc- sia as Schleswig is occupied by the
cupé par les troupes Prussiennes; que Prussian troops: moreover, that
la Grèce n'a pas été considérée non Greece was not considered as a ma-
plus comme un gage matériel; enfin terial pledge; finally, that the Imperial
que le Gouvernement Impérial a con- Government agreed to recognize a
couru à reconnaître un Souverain Sovereign elevated to the throne by
élevé au Trône par l'Assemblée Na- the National Assembly of Greece, but
tionale de la Grèce, mais qu'il n'a pas that it did not consult the inhabitants
consulté les habitants de la Grèce
pour of Greece in order to dispossess him.
le déposséder.
M. LE COMTE RUSSELL tient à rap- EARL RUSSELL begs to recall that
peler qu'il s'agissait en Grèce d'une in Greece it was a question of a popu-
révolution populaire, et que les Grecs lar revolution, and that the Greeks
avaient déjà constitué eux-mêmes un had already constituted for them-
Gouvernement Provisoire. Revenant selves Provisional Government.
а.
THE SCHLESWIG QUESTION, 1848
921
LES
à la question du Danemark, M. le Returning to the question of Den-
Comte Russell ajoute que le Traité de mark, Earl Russell adds that the
1852 a eu pour objet de reconnaître le Treaty of 1852 had for its object the
Roi comme Duc dans les Duchés. recognition of the King as Duke in
Quand Sa Majesté le Roi actuel a suc- the Duchies. When his present Maj-
cédé après la mort du feu Roi, il a été esty succeeded on the death of the late
reconnu dans tous ces Etats, et sans King, he was recognized in all these
l'intervention de l'Allemagne il n'y States, and without the intervention
aurait eu nulle part une succession of Germany there would have been
plus paisible, ni plus régulière. C'est nowhere a more peaceful and regular
la Proclamation du Duc d'Augusten- succession. It is the proclamation of
bourg dans le Holstein et l'invasion the Duke of Augustenbourg in Hol-
du Schleswig qui ont provoqué de stein and the invasion of Schleswig
mouvement insurrectionnel. La révo- which have provoked the insurrection-
lution n'a pas été faite par les hab- ist movement. The revolution has
itants, mais par les armées alliées.
not been brought about by the inhabit-
ants but by the allied armies.
MM.
PLÉNIPOTENTIAIRES The PRUSSIAN PLENIPOTENTIARIES
PRUSSIENS doivent protester contre are forced to protest against this man-
cette manière de représenter les faits, ner of representing the facts, and
et M. le Comte de Bernstorff soutient Count von Bernstorff maintains that,
que ce sont au contraire les armées
on the contrary, it is the Allied Ar-
alliées qui ont empêché la révolution mies which have prevented the revo-
qui aurait éclaté tôt ou tard.
lution which would have broken out
sooner or later.
M. PRINCE
TOUR PRINCE DE LA TOUR D'AUVERGNE
D'AUVERGNE fait observer qu'une observes that there does not seem to
analogie complète ne paraît pas exis- be a complete analogy between the
ter entre les situations auxquelles il situations to which allusion has been
a été fait allusion. Dans tous les cas, made. At all events, the principle
le principe du partage du Schleswig of the partition of Schleswig having
ayant été admis de part et d'autre, il been admitted by both sides, it is only
ne s'agit plus que de trouver le tracé
a question of finding the line of the
de la nouvelle frontière. Il y a là un new frontier. There is a definite ob-
but déterminé. La consultation pour- ject. The consultation could be ap-
rait s'appliquer aux districts mixtes, plied to the mixed districts without
sans s'appliquer à tout le Duché de being applied to the whole Duchy of
Schleswig.
Schleswig.
M. LE COMTE DE BERNSTORFF rap- COUNT VON BERNSTORFF recalls
pelle qu'il a fini sa déclaration en that he finished his declaration by
LE
DE
LA
922
DOCUMENTS
LE
DE
LA
disant que le mode de l'exécution, stating that the method of execution,
ainsi que l'étendue de l'exécution à y as well as the scope to be given to it,
donner, étaient à discuter.
were left for future discussion.
M.
PRINCE
TOUR PRINCE DE LA TOUR D'AUVERGNE
D'AUVERGNE avait cru comprendre has thought that he understood that
qu'il s'agissait, dans la proposition in the proposition of Count von
émise par M. le Comte de Bernstorff, Bernstorff it was a question of a
d'une consultation générale du Schles- general consultation of Schleswig,
wig, et non pas d'une consultation and not of a consultation limited to
limitée aux populations qui en seraient the populations which should be de-
détachées et aux districts mixtes. tached, and to the mixed districts.
M. LE COMTE WACHTMEISTER a COUNT WACHTMEISTER has be-
cru jusqu'ici que les seules popula- lieved, up to now, that the only pop-
tions à consulter étaient celles habi- ulations to be consulted were those
tant dans les districts qui seraient inhabiting the districts to be volun-
volontairement cédés par le Dane- tarily ceded by Denmark. He con-
mark. Il considère comme impracti- siders it impracticable to fix the line
cable de fixer le tracé d'une frontière of frontier according to the vote of
d'après le vote des populations. the populations.
M. LE COMTE DE BERNSTORFF ne. COUNT VON BERNSTORFF does not
trouve pas que les différents points de find the different points of view abso-
vue soient complètement divergents. lutely divergent. The question is
La question est ouverte, selon lui, open, according to him, for discus-
pour la discussion relativement à sion as to the extent of the consulta-
l'étendue de la consultation, pour dé- tion, in order to decide whether it
cider si elle doit être appliquée à une should be applied to a part or the
partie ou à la totalité du Duché. whole of the Duchy.
M. DE KRIEGER, . tient à con-
M. DE KRIEGER, . maintains
stater que les Schleswickois étaient that the Schleswig people were faith-
sujets fidèles du Roi, et qu'ils n'au- ful subjects of the King, and that they
raient pas eux-mêmes pris les armes. would not of themselves have taken
Le Danemark n'a pas accepté d'une
Denmark has not accepted
manière générale le principe du par- in a general way the principle of
tage, mais il a adhéré à une certaine partition, but it has adhered to a cer-
ligne de démarcation, en exigeant en tain line of demarcation, while insist.
retour certaines garanties politiques, ing, in return, on certain guarantees
commerciales et stratégiques. La political, commercial and strategic. .
question du Schleswig ne peut pas The question of Schleswig cannot be
être réduite à une question de national- reduced to a question of nationality.
ité.
up arms.
M. LE BARON DE BEUST fait ob- BARON VON BEUST observes that
THE SCHLESWIG QUESTION, 1848
923
影
​server que les Schleswickois étant as the people of Schleswig are Danish
Danois selon M. de Krieger, il serait according to M. de Krieger, it would
facile de le prouver par une consulta- be easy to prove it by a consultation,
tion dont le résultat devrait être satis- the result of which should be satisfac-
faisant pour le Danemark. En le tory to Denmark.
tory to Denmark. In proposing it
proposant on repousse le reproche si they repudiate the reproach so often
souvent entendu d'avoir envahi le heard, of having invaded Schleswig
Schleswig par esprit de conquête. Il in a spirit of conquest. It would be
serait juste d'accepter cet ordre de equitable to accept this order of pro-
procéder. M. le Comte de Bernstorff cedure. Count von Bernstorff has
a dit que le but de la proposition est said that the purpose of the proposi-
d'aplanir les difficultés qui s'opposent tion is to smooth away the difficulties
au réglement de la question. Des which prevent the settlement of the
points de vue très-opposés se trouvent question. There
question. There are diametrically
en présence. MM. les Plénipoten- opposite points of view here present.
tiaires du Danemark et des Puissances The Plenipotentiaries of Denmark
neutres ont dit que le Schleswig fait and of the neutral Powers have said
toujours partie de la Monarchie that Schleswig forms at all times a
Danoise, et qu'il ne s'agit que d'en part of the Danish Monarchy, and
détacher une partie. De son côté, il that it is only a question of detach-
a soutenu à différentes reprises, que ing a part of it. For his part he has
le Schleswig a cessé de faire partie de repeatedly maintained, at different
la Monarchie Danoise. Si, dans cette times, that Schleswig has ceased to
circonstance, il a pris sur lui d'ex- form a part of the Danish Monarchy.
primer une opinion qui n'avait pas en- If, in these circumstances, he has
core été émise par la Diète, il peut dire
taken it on himself to express an
maintenant que cette opinion a été opinion which has not as yet been
confirmée et approuvée depuis par la
emitted by the Diet, he can now say
Diète, qui ne saurait adopter la ma- that this opinion has since been con-
nière de voir de ces Plénipotentiaires firmed and approved by the Diet,
au sujet de la disposition à faire de la which could not adopt the point of
partie septentrionale du Schleswig. view of these Plenipotentiaries on the
La proposition de M. le Comte de subject of the disposition to be made
Bernstorff n'aurait pas pour résultat
of the northern part of Schleswig.
inévitable que le Roi de Danemark The proposition of Count von
fût dépossédé: elle est faite dans un Bernstorff would not have for its
esprit de paix et de conciliation, et inevitable result the dispossession of
nullement pour faire voter contre le the King of Denmark: it is made in
Danemark. Libre aux populations de a spirit of peace and conciliation, and
se prononcer, ce moyen d'arriver à une not at all to bring about a vote
solution n'est pas aussi impracticable against Denmark. To leave the pop-
924
DOCUMENTS
qu'il
are
qu'on semble le croire. Une fois ulations free to pronounce them-
qu'on adopte le principe que c'est la selves, is a means of arriving at a
population qui doit décider elle-même solution not as impracticable as some
de son sort, les Puissances se trou- appear to think. Once adopt the
veraient sur un terrain neutre. M. le principle that it is the populations
Plénipotentiaire de France a rappelé which ought themselves to decide
que les Plénipotentiaires Allemands their own fate, and the Powers would
ont accepté le partage du Schleswig find themselves on a neutral ground.
en principe. Mais pourquoi ? Ils The Plenipotentiary of France has
l'ont accepté, sachant qu'au nord du recalled that the German Plenipoten-
Schleswig il existe une population tiaries have accepted the partition of
qu'on prétend être Danoise et vouloir Schleswig in principle. But why?
être Danoise. Eh bien, qu'on le con- They have accepted it, knowing that
state. MM. les Plénipotentiaires in the north of Schleswig there exists
Danois ont soutenu que les Schles- a population which, it is asserted, is
wickois sont très-Danois dans leurs Danish and wishes to be Danish.
sentiments. Il est cependant notoire Very well, let it be proved. The
y a eu beaucoup de manifesta- Danish Plenipotentiaries have main-
tions dans ce Duché en faveur de tained that the people of Schleswig
l'Allemagne, et il serait impossible very Danish in their senti-
pour la Confédération d'abandonner ments. It is nevertheless notorious
des populations placées aujourd'hui that there have been many mani-
sous la protection des armes Alle- festations in the Duchy in favor of
mandes. Il s'agit plutôt de trouver Germany, and it would be impossible
une issue pratique que d'introduire for the Confederation to abandon
un nouveau principe, et il faut em- the populations placed today under
ployer des moyens qui donneraient à the protection of the German arms.
chaque partie la possibilité de se pro- It is rather a question of finding a
Il ne peut pas nier que la practical way out than of introducing
nationalité ne soit en cause. La ligne a new principle, and it is necessary
de démarcation devrait se régler prin- to employ means which would give
cipalement d'après les éléments qui se to each party the possibility of pro-
trouvent de l'un ou de l'autre côté. nouncing itself.
nouncing itself. It cannot be denied
On a parlé de regrets. Il y a plus that it would be a trial of nationality .
d'une Cour Allemande qui a regretté The line of demarcation should be ar-
de voir reconnu par des Gouverne- ranged principally according to the
ments professant des principes con- elements found on the one side or
servateurs un état de choses détrônant the other. One has spoken of re-
des Princes légitimes au moyen d'une grets. There is more than one Ger-
invasion et du suffrage universel. man Court which has regretted to see
noncer.
THE SCHLESWIG QUESTION, 1848
925
а.
Ici il ne s'agit pas même de rien recognized by Governments profess-
d'analogue.
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.
M. LE BARON DE BRUNNOW a ré- BARON DE BRUNNOW summed up
sumé la discussion en ces termes : the discussion in these terms: In
Dans cette réunion, nous choisissons this meeting we chose paths some-
des voies quelquefois divergentes pour times divergent in order to arrive at
arriver à un but qui nous est commun; a common destination: by this I
je veux dire, le rétablissement de la mean the reestablishment of peace.
paix. La proposition que MM. les The proposition which the Pleni-
Plénipotentiaires de la Prusse vien potentiaries of Prussia have recently
nent d'émettre dans ce but n'a pas made towards this end have not met
rencontré, au sein de la Conférence, in the minds of the Conference with
un assentiment unanime. MM. les unanimous assent. The Pleni-
Plénipotentiaires de la Cour d'Au- potentiaries of the Court of Austria
triche ont constaté en combien leurs have stated how greatly their views
vues différent de celles de la Prusse. differ from those of Prussia. The
MM. les Plénipotentiaires de la Plenipotentaries of Great Britain
Grande Bretagne ont prononcé leur have pronounced their dissent in a
dissentiment d'une manière encore manner still more formal. I have
plus formelle. J'ai été dans l'obliga- been obliged to express myself in
tion de m'exprimer dans le même es- the same spirit. The Ambassador of
prit. M. l'Ambassadeur de France a France has limited the question to
restreint la question aux districts the mixed districts, without extend-
mixtes, sans l'étendre au delà. M.ing it further. The Minister of
le Ministre de Suède et Norvège n'a Sweden and Norway has not wished
point voulu préjuger à cet égard les to prejudge the intentions of the
intentions des Plénipotentiaires du Plenipotentaries of Denmark on this
Danemark. Leur réponse est déci- point. Their answer is
is decisive.
sive. Elle décline ' la proposition The Conference declines the Prussian
Prussienne appuyée par M. le Pléni- proposition, supported solely by the
potentiaire de la Confédération Ger- Plenipotentiary of the Germanic Con-
manique seul. Le résultat de cette federation. The result of this delib-
déliberation atteste que le mode de la eration proves that the method of
solution indiquée par la Cour de solution indicated by the Court of
Prusse n'a pas réuni les suffrages de Prussia has not gained the support
la Conférence."
of this Conference."
926
DOCUMENTS
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 à une autre combinaison
de nature à faciliter une transaction
désirable.
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.
.
lows:
M. LE COMTE RUSSELL répondant EARL RUSSELL, in answer to the
alors à l'invitation de M. le Plénipo- invitation of the Plenipotentiary of
tentiaire de Russie, donne lecture Russia, read a proposition as fol-
d'une proposition ainsi conçue :
“Plusieurs semaines se sont passées “Several weeks have passed since
depuis que nous nous sommes réunis we have met in Conference. The
en Conférence. La dernière suspen- last suspension of arms has been con-
sion d'armes n'a été conclue que pour cluded for a space of only 15 days,
l'espace de 15 jours, et elle doit ex- and should expire on the 26 of the
pirer le 26 de ce mois.
present month.
“Mais tout imminent que paraisse “But imminent as the resumption
le renouvellement de la guerre, on ne of war appears to be, it cannot be
saurait dire que nous n'avons fait au- said that we have made no progress
cun progrès vers le rétablissement de towards the reestablishment of
peace.
la paix. Les propositions que j'ai The propositions which I made at the
faites dans la séance du 28 Mai, et session of May 28, and which had
qui avaient obtenu l'assentiment préa- obtained the previous assent of the
lable des Puissances neutres, ont été neutral Powers, have been accepted
acceptées par le Danemark dans des by Denmark in terms almost identical
termes presque identiques avec ceux with those of which I have availed
dont je me suis servi en les proposant myself in presenting the propositions
à la Conférence, ainsi que dans leur to the Conference, as well as, in prin-
principe par les Puissances Alle- ciple, by the belligerent Germanic
mandes belligérantes. MM. les Pléni- Powers. The Danish Plenipoten-
potentiaires Danois, en donnant leur tiaries, in giving their consent to the
consentement à la cession des Duchés cession of the Duchies of Holstein
de Holstein et de Lauenbourg et au and of Lauenbourg and to the parti-
partage de Schleswig, ont demandé
tion of Schleswig, have demanded
que la ligne de démarcation soit tracée that the line of demarcation be drawn
au sud d'Eckernforde, et au sud de la to the south of Eckernforde, and to
ville de Schleswig, suivant la ligne du the south of the city of Schleswig,
Dannewerke jusqu'à Friedrickstadt. following the line of the Dannewerke
THE SCHLESWIG QUESTION, 1848
927
MM. les Plénipotentiaires Allemands as far as Frederickstadt. The Pleni-
belligérants ont proposé l'adoption potentiaries of the Germanic bellig-
d'une ligne de démarcation qui par- erents have proposed the adoption
tirait d'Apenrade et finirait à Ton- of a line of demarcation which should
dern et Hoyer. Le point principal du begin at Apenrade and finish at Ton-
désaccord se trouve donc réduit à des dern and Hoyer. The principal
limites qui n'excluent pas l'espoir d'un point of disagreement is thus re-
rapprochement
duced to limits which do not exclude
the hope of an agreement.
“ Aussi longtemps que de graves in- “ As long as grave interests, as
téréts, ainsi que l'honneur de l'Alle- well as the honor of Germany and
magne et du Danemark, paraissaient of Denmark, appeared to depend on
dépendre de la lutte, la proposition qui the struggle, the proposition made by
a été faite par Lord Clarendon au Lord Clarendon to the Congress of
Congrès de Paris en 1856, qui y a Paris in 1856. which has obtained
obtenu l'adhésion de l'Autriche, de la the adhesion of Austria, France, ,
France, de la Prusse, de la Russie, et Prussia, Russia, and Turkey, and
de la Turquie, et qui plus tard a été which has been later adopted by all
adoptée par toutes les Puissances prin- the principal Powers of the world,
cipales du monde, exprimant le væu expressing the wish that the States
que les Etats entre lesquels s'élèverait among which serious dissent should
un dissentiment sérieux eussent re- arise should have recourse to the
cours aux bons offices d'une Puissance good offices of a friendly Power be-
amie avant d'en appeler aux armes, fore an appeal to arms, would have
eût été inapplicable.
been inapplicable.
“Mais maintenant que la principale But now that the chief question
question en dispute s'est réduite à in dispute is reduced to that of trac-
celle de tracer une frontière à quelques ing a frontier at some places more
lieues plus ou moins au nord, quand or less to the north, when the two
les deux parties belligérantes ont sou- belligerent parties have upheld with
tenu avec éclat l'honneur de leurs glory the honor of their arms, and
armes, et quand la reprise des hos- when the resumption of hostilities
tilités produirait une phase nouvelle would produce a
new phase of
de calamités douleureuses pour l'hu- calamities dolorous for humanity and
manité et peu dignes de la civilisation unworthy of the civilization of our
de notre siècle, les Plénipotentiaires century, the Plenipotentiaries of
de la Grande Bretagne croient rem- Great Britain believe they are ful-
plir un devoir sacré en proposant aux filling a sacred duty in proposing to
Puissances belligérantes, c'est-à-dire, à the belligerent Powers, that is to say,
l'Autriche, à la Prusse, et au Dane- to Austria, Prussia and Denmark, to
mark, de faire appel à une Puissance make an appeal to a friendly Power,
928
DOCUMENTS
amie, afin qu'une ligne de frontière
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."
in order that a line of frontier may be
drawn, which shall pass neither to
the south of the line indicated by
Denmark, nor to the north of that
designated by the German Pleni-
potentiaries."
Protocole No. 11.- Séance du 22 Juin,
1864.1
Protocol No. 11.- Session of June
22, 1864.
世
​M. LE COMTE RUSSELL constate, et EARL RUSSELL states, and he does
il le fait avec regret, que sa proposi- so with regret, that his proposition
tion a été rejetée par le Danemark, has been rejected by Denmark, and
et qu'elle n'a pas été acceptée par les that it has not been accepted by the
Puissances alliées. Quant à la ré- Allied Powers. As for the response
ponse des Puissances Allemandes bel-
of the belligerent Germanic Powers, it
ligérantes, il lui paraît évident qu'- appears to him evident that after two
après deux ou trois mois de travaux or three months of useless laboring
inutiles, la décision du Souverain mé- the decision of the mediating Sov-
diateur serait mise de côté dans le cas
ereign would be put aside in case a
où une proportion tant soit petite des proportion, however small, of the in-
habitants d'un district en fût mécon- habitants of a district were dissatis-
tente.
fied with it.
M. LE PRINCE DE LA TOUR D'AU- PRINCE DE LA TOUR D'AUVERGNE
VERGNE annonce que toutes les com- announces that all the combinations
binaisons qui ont été mises en avant which have been advanced for arriv-
pour arriver à un accord sur le tracé ing at an agreement as to the draw-
de la frontière ayant été malheureuse- ing of the frontier having been un-
ment écartées, il croit devoir soumet- happily discarded, he believes that he
tre à la Conférence une nouvelle sug- should submit to the Conference a
gestion. Il s'exprime ainsi:
new suggestion. He expresses him-
self as follows:
Lorsque le Gouvernement de “When the Government of the
l'Empereur a donné son adhésion au Emperor gave its adhesion to a pro-
projet de transaction mis en avant par posed compromise put forward by the
le Principal Secrétaire d'Etat de Sa Chief Secretary of State of His Bri-
Majesté Britannique, dans la séance tannic Majesty, at the Session of May
du 28 Mai, il espérait que les efforts 28, he hoped that the united efforts
réunis des Plénipotentiaires des Puis- of the Plenipotentiaries of the neu-
sances neutres, accordés par les dispo- tral Powers, aided by the conciliatory
1 Brit. St. Pap., vol. 54, p. 265.
THE SCHLESWIG QUESTION, 1848
929
sitions conciliantes des Plénipoten- dispositions of the Plenipotentiaries
tiaires des Puissances belligérantes, of the belligerent Powers, would suc-
parviendraient à amener, entre les par- ceed in leading to an agreement be-
ties intéressées, une entente sur le tween the interested parties as to the
tracé de la ligne de frontière.
drawing of the line of frontier.
“Ces espérances ne se sont malheu- “ These hopes have, unfortunately,
reusement pas réalisées. Toutes les not been realized. All the combina-
combinaisons proposées ont été re- tions proposed have been rejected, and
poussées, et aucun compromis ne sem- no compromise appears up to now to
ble jusqu'ici avoir chance d'être ac- have any chance of being accepted.
cepté. Dans cette situation, le Gou- In this situation, the Government of
vernement de l'Empereur considère the Emperor considers it as its duty,
comme de son devoir de faire, dans in the interest of peace, to make a last
l'intérêt de la paix, une dernière sug- suggestion. It is by virtue of their
gestion. C'est en vertu de leur na- nationality that the northern districts
tionalité que les districts septentrio- of Schleswig ought to be ascribed to
naux du Slesvig doivent être attribués Denmark and those of the south to
au Danemark et ceux du sud à l'Alle- Germany. It has not been judged
magne. On n'a pas jugé utile de faire wise to make an appeal to the wishes
un appel au vou des populations là où of the populations where that wish
ce væu semblait manifeste; mais on appeared manifest; but it could be
pourrait le consulter là où il est dou- consulted where it is doubtful, and
teux et où aucun autre moyen n'exis- where no other means exists where-
terait plus pour établir un accord. with establish
agreement.
Tout en admettant l'impossibilité de While admitting the impossibility of
prendre la nationalité pour règle ab- taking nationality as an absolute rule
solue, dans le partage des districts in the partition of the mixed districts
mixtes du Slesvig, le Gouvernement of Schleswig, the Government of the
de l'Empereur est d'avis, cependant, Emperor is nevertheless of the opin-
que l'on devrait demander à un vote ion there should be obtained from a
des communes les éléments d'appré- vote of the communes, the elements of
ciation auxquels on conviendrait de appreciation to which it is expedient
s'en rapporter. Ce vote par com- to relate such a partition. This vote
munes permettrait de tenir, dans le by communes would allow, in the de-
tracé définitif de la frontière, le finitive drawing of the frontier line,
compte le plus exact possible de the giving of the most exact consid-
chaque nationalité.
eration possible to each nationality.
“ Pour qu'il présentất d'ailleurs les "Moreover, in order that desirable
garanties désirables, il serait utile guarantees should be given, it would
d'établir que toute force militaire se- be well to determine that all military
rait préalablement éloignée, et que les forces should be previously removed
to
an
1
930
DOCUMENTS
suffrages seraient exprimés en dehors and that the votes should be cast in the
de toute pression. Chaque Puissance absence of all pressure. Each Power
pourrait, en outre, envoyer des délé- could, besides, send its delegates to the
gués sur les lieux afin de constater la spot in order to establish the perfect
parfaite sincérité du scrutin."
sincerity of the vote.”
M. LE COMTE DE BERNSTORFF dit COUNT VON BERNSTORFF says that
qu'il ne voit pas d'objection à prendre he sees no objection to taking ad ref-
ad referendum la proposition que M. erendum the proposition which the
le Prince de la Tour d'Auvergne Prince de la Tour d'Auvergne has just
vient de soumettre à la Conférence, submitted to the Conference, since it
puisqu'elle part à peu près du même hardly differs from the point of view
point de vue que la dernière proposi- expressed in the last proposition of
tion de son Gouvernement. Il rap- his Government. He recalls, how-
pelle cependant qu'il y aurait toujours ever, that there is always the question
la question de l'armistice à régler. of the armistice to be settled.
En réponse à une observation de In answer to an observation of
M. le Comte de Bernstorff, M. LE Count von Bernstorff, PRINCE DE LA
PRINCE DE LA TOUR D'AUVERGNE dit TOUR D'AUVERGNE says that the dis-
que les districts à consulter devraient tricts to be consulted should be, in his
être, suivant lui, ceux qui se trouvent opinion, those which are situated be-
situés entre la ligne de frontière pro- tween the line of frontier proposed to
posée au nord par MM. les Plénipo- the north by the Plenipotentiaries of
tentiaires de l'Autriche et de la Prusse Austria and of Prussia and the line
et la ligne indiquée au sud par MM. indicated to the south by the Danish
les Plénipotentiaires Danois.
Plenipotentiaries.
M. LE COMTE APPONYI, en se réfé- COUNT APPONYI, referring to the
rant aux réserves qu'il a faites dans reservations which he has made at the
les séances précédentes, dit que d'après preceding sessions, says that accord-
ses instructions il ne se croit pas au- ing to his instructions he does not be-
torisé à adhérer à la proposition qui lieve himself authorized to adhere to
vient d'être faite.
the proposition just made.
M. LE BARON DE BEUst serait prêt BARON VON BEUst would be ready
à reconnaître dans la proposition de to recognize in the proposition of the
M. le Prince de la Tour d'Auvergne Prince de la Tour d'Auvergne a
un moyen de rapprochement. Il croit means of agreement. He believes
que l'occupation militaire n'y serait that the military occupation would not
pas un obstacle, et qu'il serait facile be an obstacle, and that it would be
de donner aux populations toute li- easy to give to the populations com-
berté de se prononcer, sans aucune plete liberty to express their opinion,
contrainte. Répondant à M. le Pléni- without any restraint. In answer to
THE SCHLESWIG QUESTION, 1848
931
potentiaire de France, qui lui demande the Plenipotentiary of France, who
s'il entend par là la retraite des troupes asks whether he means by that the
Allemandes pendant la consultation, il withdrawal of the German troops
dit que dans sa pensée personnelle il pending the consultation, he says that
la juge possible, aussi bien que des in his personal judgment he considers
mesures qui, sans entraver la marche it possible, as well as those measures
de l'administration, garantiraient l'ex- which, without interfering with the
ercice parfaitement indépendant du progress of administration, would
vote.
guarantee the perfectly independent
exercise of the vote.
M. LE COMTE RUSSELL, en deman- Earl RUSSELL, in asking the opin-
dant l'opinion de MM. les Plénipoten- ion of the Danish Plenipotentiaries
tiaires Danois sur la proposition, dit on the proposition, says that as for
que quant aux Plénipotentiaires Ang- the English Plenipotentiaries, they
lais, ils seraient tout disposés à s'y would all be disposed to agree to it, if
rallier, si le Gouvernement Danois the Danish Government should con-
croyait pouvoir y donner son adhé- sider it possible to give to it its adhe-
sion.
sion.
M. DE QUAADE répond qu'il se M. DE QUAADE answers that he
trouve naturellement sans instructions finds himself, naturally, without spe-
spéciales à ce sujet, et qu'il ne saurait cial instructions on the subject, and
consentir à la prendre même ad ref- that he can not consent to take it even
erendum. Il rappelle sa déclaration ad referendum. He recalls his decla-
du 2 Juin, dans laquelle il a dit que ration of June 2, in which he has said
son Gouvernement ferait de grands that his Government would make
sacrifices pour arriver au rétablisse- great sacrifices to arrive at the re-
ment de la paix, mais qu'il y avait des establishment of peace, but that there
limites qu'il ne pouvait dépasser; et were limits which he could not pass;
les instructions dont il est muni lui and the instructions with which he is
défendent de consentir à aucune autre provided forbid his consent to any
ligne qu'à celle proposée par MM. les other line than that proposed by the
Plénipotentiaires Anglais dans la English Plenipotentiaries in the ses-
séance du 28 Mai, et acceptée par le sion of May 28, and accepted by Den-
Danemark,
mark
M. DE KRIEGER, tout en s'associant M. DE KRIEGER, while joining in
à la réponse de M. de Quaade, se ré- the answer of M. de Quaade, refers
fère à la discussion qui a eu lieu à la to the discussion which has taken
dernière séance au sujet de la propo- place, at the last session, on the sub-
sition de M. le Comte de Bernstorff ject of the proposition of Count von
de consulter les populations du Sles- Bernstorff to consult the populations
932
DOCUMENTS
vig, et surtout à ce qui a été dit à cet
égard par M. le Baron de Brunnow.
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
Toutes les combinaisons mises en All the combinations proposed in
avant pour arriver à un accord sur le order to arrive at an agreement as to
tracé de la frontière ayant été mal- the drawing of the frontier having un-
heureusement écartées, le Prince de la happily been discarded, Prince de la
Tour d'Auvergne a cru devoir sou- Tour d'Auvergne has believed it his
mettre à la Conférence une nouvelle duty to submit to the Conference a
suggestion..
new suggestion.
LORD RUSSELL,
en
demandant LORD RUSSELL, on asking the opin-
l'opinion de MM. les Plénipotentiaires ion of the Danish Commissioners on
Danois sur cette proposition, a dit que this proposition, said that as to the
quant aux Plénipotentiaires Anglais, English Plenipotentiaries, they would
ils seraient tout disposés à s'y rallier, all be disposed to give their support
si le Gouvernement Danois croyait to it, if the Danish Government felt
pouvoir y donner son adhésion.
it could give its adhesion.
M. DE QUAADE a répondu qu'il se M. DE QUAADE answered that he
trouvait naturellement sans instruc- found himself naturally without in-
tions à ce sujet, et qu'il ne saurait structions on this subject, and that he
consentir à la prendre même ad refe- could not consent to take it even ad
rendum. Il a rappelé sa déclaration referendum.
referendum. He recalled his declara-
du 2 Juin, dans laquelle il a dit que tion of June 25 in which he said that
son Gouvernement ferait de grands his Government would make great
sacrifices pour arriver au rétablisse- sacrifices to arrive at a restoration of
ment de la paix, mais qu'il y avait des peace, but that there were limits which
limites qu'il ne pouvait dépasser; et he could not pass; and the instructions
les instructions dont il est muni lui with which he is provided forbid him
défendent de consentir à aucune autre to consent to any other line than that
ligne qu'à celle proposée par MM. les proposed by the English Plenipoten-
Plénipotentiaires Anglais dans la tiaries at the session of May 28, and
séance du 28 Mai, et acceptée par le accepted by Denmark.
Danemark.
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
933
Cette déclaration a terminé le débat. This declaration ended the debate.
Elle a indiqué en même temps l'ob- It indicated, at the same time, the ob-
stacle que les efforts les plus persévé- stacle which the most persevering ef-
rants des Puissances neutres n'ont pas forts of the neutral Powers have not
été à même de surmonter.
been able to surmount.
C'est devant cette difficulté invin- It is in face of this insuperable dif-
cible que les travaux de la Conférence ficulty that the labors of the Confer-
de Londres viennent de s'arrêter. 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.1 Signed at Vienna, October 30, 1864 2
Au nom de la très-sainte et indivi- In the name of the Most Holy and
sible Trinité.
Indivisible Trinity.
S. M. le Roi de Prusse, S. M. l'Em- His Majesty the King of Prussia,
pereur d'Autriche et S. M. le Roi de His Majesty the Emperor of Austria,
Danemark ont résolu de convertir les and His Majesty the King of Den-
préliminaires signés le 16 août dernier mark have resolved to convert the pre-
en traité de paix définitif. A cet ef- liminaries signed on the first of Au-
fet, Leurs Majestés ont nommé pour gust last, into a final treaty of peace.
leurs plénipotentiaires, savoir : For this purpose, their Majesties have
named as their plenipotentiaries, that
is to say:
Lesquels se sont réunis en [Here follow the names of plenipo-
conférence à Vienne, et après avoir tentiaries] Who have met in confer-
échangé leurs pleins pouvoirs trouvés ence at Vienna, and having exchanged
en bonne et due forme, sont convenus their full powers, found in good and
des articles suivants :
due form, have agreed to the follow-
ing articles:
Art. 1º". Il y aura à l'avenir paix ART. 1. There shall be Peace and
et amitié entre LL. MM. le Roi de Friendship between Their Majesties
Prusse et l'Empereur d'Autriche et the King of Prussia and the Emperor
S.M. le Roi de Danemark, ainsi of Austria and His Majesty the King
qu'entre leurs héritiers et successeurs, of Denmark, as well as between their
leurs Etats et sujets respectifs à per- heirs and successors, their respective
pétuité.
states and subjects, forever.
ART. 2. Tous les traités et con- 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.
934
DOCUMENTS
ventions conclus avant la guerre entre ventions, concluded before the war
les hautes parties contractantes sont between the High Contracting Par-
établis dans leur vigeur en tant qu'ils ties, are restored to force in so far as
ne se trouvent pas abrogés ou modifies they are not abrogated or modified by
par la teneur du présent traité.
the purport of the present treaty.
ART. 3. S. M. le Roi de Dane- Art. 3. His Majesty the King of
mark renonce à tous ses droits sur les Denmark renounces all his rights over
duchés de Slesvig-Holstein et Lauen- the Duchies of Schleswig-Holstein
bourg en faveur de LL. MM. le Roi and Lauenbourg in favor of their
de Prusse et l'Empereur d'Autriche, Majesties the King of Prussia and
en s'engageant à reconnaître les dis- the Emperor of Austria, undertaking
positions que Leurs dites Majestés to recognize the dispositions which
prendront à l'égard de ces duchés. their Majesties shall make with regard
to those Duchies.
Art. 19. Les sujets domiciliés sur Art. 19. The subjects domiciled
les territoires cédés par le présent in the territories ceded by the present
Traité jouiront pendant l'espace de 6 treaty shall enjoy during the period of
ans à partir du jour de l'échange des 6 years, beginning from the date of
ratifications et moyennant une déclara- the exchange of ratifications and by
tion préalable à l'autorité compétente means of a previous declaration be-
de la faculté pleine et entière d'expor- fore the proper authority, the full and
ter leurs biens-meubles en franchise complete right to export their per-
de droits et de se retirer avec leurs sonal property to which they have full
familles dans les Etats de Sa Majesté title, and to withdraw with their fam-
Danoise, auquel cas la qualité de su- ilies into the States of His Danish
jets Danois leur sera maintenue. Ils Majesty, in which case their status as
seront libres de conserver leurs im- Danish subjects shall be maintained.
meubles situés sur les territoires cédés. They shall be free to preserve their
real property situated within the ceded
territory
La même faculté est accordée réci- The same provision is similarly ac-
proquement aux sujets Danois et aux corded to the Danish subjects and to
individus originaires des territoires those born in the ceded territories and
cédés et établis dans les Etats de Sa established in the State of His Maj-
Majesté le Roi de Danemarc.
esty the King of Denmark,
Les sujets qui profiteront des pré- The subjects who shall profit by the
sentes dispositions ne pourront du present disposition shall not, on ac-
fait de leur option, être inquiétés de count of the fact of option, be mo-
part ni d'autre dans leurs personnes lested on the one part or the other as
THE SCHLESWIG QUESTION, 1848
935
ou dans leurs propriétés situées dans to their persons or their property situ-
les Etats respectifs.
ated within the respective States.
Le délai susdit de 6 ans s'applique The period of 6 years applies also
aussi aux sujets originaires soit du to the native subjects either of the
Royaume de Danemarc, soit des ter- Kingdom of Denmark or of the ceded
ritoires cédés qui, à l'époque de territories, who, at the time of the
l'échange des ratifications du présent exchange of ratifications of the pres-
Traité, se trouveront hors du terri-
ent treaty, may be outside the terri-
toire du Royaume de Danemarc ou tory of the Kingdom of Denmark or
des Duchés. Leur déclaration pourra the Duchies. Their declaration may
être reçu par la mission Danoise la be received by the nearest Danish Le-
plus voisine, ou par l'autorité supé- gation or by the supreme authority of
rieure d'une province quelconque du the province, whether of the Kingdom
Royaume ou des Duchés.
or of the Duchies.
Le droit d'indigenat tant dans le The rights of natives in the King-
Royaume de Danemarc que dans les dom of Denmark as well as in the
Duchés, est conservé à tous les indi- Duchies are preserved to all individ-
vidus qui le possèdent à l'époque de uals who are in possession thereof at
l'échange des ratifications du présent the time of exchange of ratifications
Traité.
of the present Treaty
Art. 24. Le présent traité sera ART, 24. The present treaty shall
ratifié et les ratifications en seront be ratified and the ratifications shall
échangées à Vienne dans l'espace de be exchanged at Vienna within the
trois semaines ou plus tôt si faire se period of three weeks, or sooner if
peut. En foi de quoi les plénipoten- possible. In witness whereof the re-
tiaires respectifs l'ont signé et y ont spective plenipotentiaries have signed
apposé le sceau de leurs armes.
it and have affixed the seal of their
arms.
Fait à Vienne, le trentième jour du
mois d'octobre de l'an de grâce mil
huit cent soixante-quatre.
Done at Vienna on the 30th day of
the month of October in the year of
grace 1864.
[Here follow signatures. ]
Treaty of Peace Between Prussia and Austria. Signed at Prague, August 23,
1866 1
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
DOCUMENTS
Seine Majestät der König von His Majesty the Emperor of Aus-
Preussen und Seine Majestät der tria and His Majesty the King of
Kaiser von Oesterreich, beseelt von Prussia, animated with the desire of
dem Wunsche, Ihren Ländern die restoring to their countries the bene-
Wohlthaten des Friedens wiederzuge- fits of peace, have determined to con-
ben, haben beschlossen, die zu Nikols- vert the preliminaries signed at
burg am 26. Juli 1866 unterzeichneten Nikolsburg, on the 26th day of July,
Präliminarien in einen definitiven
einen definitiven 1866, into a definitive Treaty of
Friedens-Vertrag umzugestalten. Peace, and for that purpose their
Zu diesem Ende haben Ihre Majes- Majesties have appointed as their
täten zu ihren Bevollmächtigten er- Plenipotentiaries, that is to say:
nannt und zwar:
[Here follow the names of plenipo-
potentiaries.]
welche in Prag zu einer Conferenz Who met together in Conference at
zusammengetreten sind und nach Prague, and, after exchanging their
Auswechselung ihrer in guter und full powers, which were found in
richtiger Form befundenen Vollma- good and proper form, agreed upon
chten über nachstehende Artikel sich the following Articles:
vereinigt haben.
ARTIKEL V. Seine Majestät der V. His Majesty the Emperor of
Kaiser von Oesterreich überträgt auf Austria transfers to His Majesty the
Seine Majestät den König von Preus- King of Prussia all the rights which
sen alle Seine im Wiener Frieden vom he acquired by the Vienna Treaty of
30. Oktober 1864 erworbenen Rechte Peace of 30th October, 1864, over
auf die Herzogthümer Holstein und the Duchies of Holstein and Schles-
Schleswig mit der Maassgabe, dass wig, with the condition that the popu-
die Bevölkerungen der nördlichen Dis- lations of the northern districts of
trikte von Schleswig, wenn sie durch Schleswig shall be ceded to Denmark
freie Abstimmung den Wunsch zu if, by a free vote, they express a wish
erkennen geben, mit Dänemark ver- to be united to Denmark.
einigt zu werden, an Dänemark abge-
treten werden sollen.
XIV. The ratifications of the pres-
ent Treaty shall be exchanged at
ARTIKEL XIV. Die Ratifikationen
des gegenwärtigen Vertrages sollen zu
vol. 56, p. 1050. (It will be observed that the translation is of the Austrian copy of the
treaty.) Ratifications exchanged at Prague, August 30, 1866.
THE SCHLESWIG QUESTION, 1848
937
Prag binnen einer Frist von acht Prague within the space of 8 days, or
Tagen, oder, wenn möglich, früher sooner if possible.
ausgewechselt werden.
Urkund dessen haben die betreffen- In witness whereof the respective
den Bevollmächtigen gegenwärtigen Plenipotentiaries have signed the pres-
Vertrag unterzeichnet und mit dem ent Treaty and have affixed to it the
Insiegel ihrer Wappen versehen. seals of their arms.
So geschehen in Prag, am 23. Done at Prague, on the 23rd day
Tage des Monats August im Tahre of the month of August, in the year
des Heils Achtzehn Hundert sechzig of salvation, 1866.
und sechs.
WERTHER,
(L. S.) WERTHER.
BRENNER.
(L. S.) BRENNER.
Prussian Note to Denmark Concerning a Plebiscite in North Schleswig.
June 30, 18671
(The Prussian Minister von Heydebrand and von der Lasa to the Danish
Minister of Foreign Affairs, von Frijs.)
Kopenhagen, 18. Juni 1867.
Copenhagen, June 18, 1867.
Der Unterzeichnete hat wiederholt The undersigned has several times
die Ehre gehabt in vertraulicher had the honor in a confidential inter-
Unterredung die Aufmerksamkeit des view of calling the attention of the
königl. dänischen Hrn. Conseil-Präsi- President of the Danish cabinet to
denten auf die Fragen zu lenken questions connected with the execu-
welche sich an die Ausführung des
tion of Article 5 of the treaty con-
Art. V. des zwischen Preussen und cluded at Prague on August 30, 1866,
Oesterreich am 30. August 1866 zu between Prussia and Austria. The
Prag abgeschlossenen Friedens knüp- undersigned has expressed the desire
fen. Er hat dabei den Wunsch seiner of his Government to come to an ami-
Regierung auszudrücken gehabt sich able understanding with the Danish
mit dem königl. dänischen Gouverne- Government on certain preliminary
ment in freundschaftlicher Weise questions which formed the necessary
über gewisse Vorfragen zu verstän- premise to the cession of a part of the
digen welche die nothwendige Voraus- Duchy of Schleswig, and indicated
setzung der Abtretung eines Theils that these preliminary questions were
des Herzogthums Schleswig bildeten, the guarantees indispensable for se-
und er hat als diese Vorfragen die curing the protection of German na-
1 Allgemeine Zeitung, Augsburg, June 30, 1867.
938
DOCUMENTS
nöthigen Garantien für den Schutz tionals residing in that territory, and
der in jenem Territorium wohnenden the assumption of a proportional part
Deutschen und die Uebernahme eines of the debt of the Duchies. The
verhältnissmässigen Antheils an der President of the council declared him-
Schuldenlast der Herzogthümer be- self ready to enter into negotiations
zeichnet. Der Hr. Conseil-präsident on those points, and the Government
hat auch die Bereitwilligkeit ausge- of the King, 'the gracious Sovereign
sprochen über diese Punkte in Ver- of the undersigned, had a right to
handlungen zu treten, und die Regie- expect that the Danish Minister at
rung Sr. Maj. des Königs, des aller- Berlin would soon be in a position
gnädigsten Herrn des Unterzeichne- to communicate the views of his Gov-
ten, durfte sich der Erwartung hinge- ernment on the two points above-
ben dass der königl. dänische Ge- mentioned. The Prussian Govern-
sandte in Berlin in den Stand gesetz ment, to its great regret, has found in
werden würde die Absichten seiner the most recent communication of the
Regierung in beiden Beziehungen latter, consisting of a dispatch of
kund zu geben. Zu ihrem lebhaftes- June 1 confidentially communicated
ten Bedauern hat sie in der neuesten by the Minister de Frijs to M. de
Eröffnung des letzteren, in einer ver- Quaade, instead of the more precise
traulich mitgetheilten Depesche des declarations which it had expected,
Hrn. Ministers von Frijs an Hrn. v. only a reference to existing laws and
Quaade vom 1. d. M., anstatt der ge- treaties, which the Minister consid-
hofften bestimmteren Erklärungen nur ered as amply sufficient; so much so,
den Hinweis auf die bestehenden Ge- that he would regard any more ex-
setze und Verträge gefunden, welche tensive guarantee as superfluous and
der Hr. Minister für so vollkommen even dangerous. The Government
ausreichend hält, dass jede weitere of the undersigned does not believe
Garantie überflüssig und sogar be- that it should consider this declaration
denklich sein würde. Die Regierung as the definitive expression of the po-
. g ergebenst unterzeichneten sition of the Danish Government. A
glaubt in dieser vorläufigen Aeusser- more profound examination of the
ung nicht die definitive Auffassung der question can not fail to make mani-
königlich dänischen Regierung erken- fest, in the eyes of the Danish Gov-
nen zu sollen. Die letztere wird sich ernment, that the special nature of the
bei näherer Erwägung die Eigenthüm- circumstances forbid the Prussian
liche Natur der Verhältnisse nicht ver- Government, under the peculiar con-
hehlen können, welche es für die ditions existing in those regions, to
Preussische Regierung unmöglich ma- content itself with a simple reference
chen unter den besonderen Umstän- to existing laws and vague assurances
den in jenen Landstrichen sich mit of the uncontested favor which the
dem Hinweis auf die Gesetze und den Danish Government would eventually
des 8
,
THE SCHLESWIG QUESTION, 1848
939
allgemeinen Zusicherungen eines nicht show to its future subjects. The
bezweifelten Wohlwollens der köngl. Cabinet of Copenhagen will find it
dänischen Regierung gegen alle ihre quite natural that if the King of
eventuellen Unterthanen zu begnügen. Prussia should declare himself dis-
Sie wird es natürlich finden dass, wenn posed to permit the accomplishment of
Se. Maj. der König sich bereit erklärte a wish to return to Denmark possibly
etwaige auf eine Wiedervereinigung manifested amongst the subjects of
mit Dänemark gerichtete Wünsche Northern Schleswig, the desires and
nordschleswigischer Unterthanen in wants of his own German subjects in
Erfüllung gehen zu lassen, die those territories have not less impor-
Wünsche und die Bedürfnisse seiner tance in his eyes. To abandon Ger-
deutschen Unterthanen in jenen Ter- man communities to a foreign power,
ritorien für ihn keine geringere Be- against their will and with the loss of
deutung haben. Deutsche Gemeinden every right to their national culture,
wider ihren Willen und mit dem Ver- and to deliver them up to dangers the
luste jedes Rechts auf ihre nationalen fear of which is very clearly mani-
Eigenthümlichkeiten an ein fremdes fested amongst them, when they re-
Land abzutreten, und sie Gefahren member what has taken place, that is
preis zugeben deren Befürchtung in a measure to which Prussia is not
Erinnerung an die Vergangenheit pledged by the Treaty of Prague.
unter ihnen selbst laut genug hervor- By Art. 5 of that document, the
tritt, hat der Prager Friedensvertrag King's Government has formally de-
Preussen
nicht verpflichtet. Die clared its intention, within the limits
Königliche Regierung hat eben durch of possibility, to take under consid-
jenen Artikel des Friedensvertrags ge- eration the wishes and the nationality
zeigt dass sie auf die Wünsche und . of the population; but it is the duty
auf die Nationalität der Bevölkerung of this Government above all not to
nach Möglichkeit Rücksicht nehmen fail in such consideration towards its
will; sie ist aber dabei verpflichtet own fellow countrymen, and it must
diese Rücksicht vor allem den eigenen not forget that the chief causes of the
Landsleuten gegenüber nicht ausser dispute which so lately changed the
Augen zu setzen, und sie darf nicht good relations existing between the
vergessen dass die Ursachen der Stö- two Governments was the fact that
rung des in früheren Zeiten bestan- the Danish Government found it im-
denen guten Einvernehmens haupt possible, after the remodelling of the
sächlich in dem Umstand lagen dass old constitution of the monarchy, to
die Regierung Sr. Maj. des Königs grant to the German subjects of the
von Dänemark nach der Umgestaltung Danish Crown the protection of their
der älteren Verfassung der Monar- nationality and language, which they
chie nicht mehr im Stande war den formerly enjoyed.
formerly enjoyed. At the present
deutschen Unterthanen der dänischen day the Government of the King, the
940
DOCUMENTS
Krone den selben Schutz ihrer Na- August Master of the undersigned,
tionalität und Sprache zu gewähren, in the face of the after effects of the
dessen dieselben sich ehemals erfreut events and struggles of the last years,
hatten. Die Regierung Sr. Maj. des would have more than ever to ap-
Königs, des a. H. des Unterzeichne- prehend that the complaints of the
ten, würde unter der Nachwirkung der German inhabitants of Schleswig,
Ereignisse und Kämpfe der letzten which have found their natural echo
Jahre mehr als früher befürchten in Germany, would find opportunity,
müssen dass die Klagen deutscher but too well justified, for breaking out
Einwohner Schleswigs, welche in afresh if the German communities of
Deutschland ihren natürlichen Wie- North Schleswig were made subject,
derhall fanden, berechtigten Anlass without the security of a Constitution,
zu ihrer Wiederholung fänden, wenn to a government which, though they
deutsche Gemeinden im Norden wished to do the most justice to the
Schleswigs ohne Verfassung-Bürg- desires of their German subjects, nev-
schaften der
der Botmässigkeit einer ertheless has to make allowances for
Regierung unterstellt würden welche, the constitutional expression of the
bei dem besten Willen ihren deutschen temper of a national Danish assembly.
Unterthanen gerecht zu werden doch The Government of His Majesty, the
vor allem dem verfassungsmässigen King of Denmark, will without doubt
Ausdruck der
Stimmung
einer share the conviction of the under-
national-dänischen Volksvertretung signed that it is advisable for the se-
Rechnung zu tragen hat. Die Re- curity of the friendly relations be-
gierung Sr. Maj. des Königs von tween Denmark and Germany, longed
Dänemark wird ohne Zweifel die for by both sides, not to sow the seed
Ueberzeugung des Unterzeichneten of similar disagreements such as those
theilen dass es zur Sicherstellung der which previously endangered the
von beiden Seiten erstrebten freund- peace of both countries and, through
schaftlichen Beziehungen zwischen them, of Europe. The undersigned
Deutschland und Dänemark rathsam is therefore empowered by his Gov-
ist nicht von neuem die Keime ähn- ernment to ask officially of the Presi-
licher Zerwürfnisse zu legen, wie es dent of the Danish Council, whether
diejenigen waren welche früher den the royal Danish Government believes
Frieden beider Länder und dadurch itself to be in the position to make
den Europas gefährdeten. Der Un- adjustments and guarantees which
terzeichnete ist daher von seiner Re- will provide for the protection and
gierung beauftragt worden an den security of the national culture of the
Hrn. Conseil-Präsidenten amtlich die German nationals living, singly or in
Anfrage zu richten: ob die Königliche parishes, in the territories the cession
dänische Regierung sich im Stande of which is in question, and of whať
glaube Einrichtungen zu treffen und nature would be these guarantees in
TIIE SCHLESWIG QUESTION, 1848
941
Massregeln in Aussicht zu stellen respect to individual, local or com-
welche für den Schutz und die Siche- munity relations. Or, whether the
rung der nationalen Eigenthümlich- Danish Government considers that
keit der in den etwa abgetretenen Ge- such regard for and maintenance of
bietsteilen einzeln oder in Gemeinden the national culture of its future Ger-
wohnenden Deutschen bestimmte man subjects is impossible, or at least
Bürgschaften geben, und welcher Art categorically refuses to declare itself
in individueller, localer und com- definitely about this subject in ad-
munaler Beziehung diese Garantien vance. It is not necessary to remark
sein würden, oder ob sie eine solche that on the answer to this question de-
Berücksichtigung und Erhaltung der pends the extent of this intended ple-
nationalen Eigenthümlichkeit künfti- biscite and the cession; and the more
ger deutschen Unterthanen für un- the royal Government wishes through
möglich erachtet, oder wenigstens the conclusion of this discussion to
darüber im voraus bestimmter Weise take into consideration the wishes of
sich zu erklären, definitiv ablehnt? the people, as well as to give the royal
Es bedarf nicht erst der Bemerkung
Danish Government a guarantee of
dass von der Beantwortung dieser her friendly spirit, the more she must
Fragen der Umfang der beabsichtig- expect that the Danish Government,
ten Abstimmung, resp. Abtretung, ab- through a corresponding response, will
hängig ist; und jemehr die könig- make it possible for her to hasten the
liche Regierung wünscht durch den matter. At the same time the under-
Abschluss dieser Angelegenheit so- signed begs to ask also for a definite
wohl der Stimmung der Bevölkerung solution of the second point, already
Rechnung zu tragen, als auch der touched on by him in confidential con-
königlich dänischen Regierung einen versations, namely, the readiness to
Beweis ihrer freundschaftlichen Ge-
take over a proportional part of the
sinnungen zu geben, um so mehr muss debt of the Duchies. He makes use
sie auch erwarten dass die letztere of this occasion, etc.,
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.
942
DOCUMENTS
Treaty Between Austria-Hungary and Germany, Modifying Article V of the
Treaty of Prague. Signed October 11, 1878 1
Nachdem die in Artikel V. des The provisions contained in Article
zwischen Sr. Majestät dem Deutschen V of the Peace concluded at Prague
Kaiser und König von Preussen und on the 23d of August, 1866, between
Sr. Majestät dem Kaiser von Oester- His Majesty the German Emperor and
reich, König von Böhmen und aposto- King of Prussia and His Majesty the
lischen König von Ungarn am 23. Emperor of Austria, King of Bo-
August 1866 zu Prag abgeschlossenen hemia, and Apostolic King of Hun-
Friedens enthaltenen Bestimmungen gary, concerning the manner of effect-
in Betreff der Modalität einer Retro- ing a retrocession of the northern dis-
cession der nördlichen. Distrikte tricts of Schleswig to Denmark, not
Schleswigs an Dänemark zur vertrags- having been yet carried out according
mässigen Durchführung nicht gelangt to the terms of the Treaty;
sind;
nachdem Se. Majestät der His Majesty the German Emperor,
Deutsche Kaiser und König von King of Prussia having made known
Preussen den Werth zu erkennen ge- the value which he would attach to the
geben hat, welchen Er auf die Beseiti- removal of this form of the Peace;
gung dieser Modalität des Friedens
legen würde;
andererseits Se. Majestät der His Majesty the Emperor of Aus-
Kaiser von Oesterreich und König tria and King of Hungary having on
von Ungarn die Schwierigkeiten wür- the other side recognized the difficul-
digt, welche sich der Durchführung ties which present themselves to the
des in jenem Artikel niedergeleten carrying out the principles laid down
Prinzipes entgegenstellen;
in that Article;
nachdem endlich Se. Majestät der His Majesty the Emperor of Aus-
Kaiser von Oesterreich und König tria and King of Hungary having
von Ungarn einen Beweis Seines finally been graciously pleased to give
Wunsches zu geben gewillt ist, die a proof of his wish to tighten still
zwischen den beiden Mächten beste- more the bonds of friendship which
henden freundschaftlichen Bande exist between the two Powers;
noch enger zu schliessen:
so haben die Hohen Kontrahenten The High Contracting Parties have
übereinstimmend für nothwendig er- unanimously recognized the necessity
kannt, eine Revision des oben bezeich- of allowing a revision of the above-
neten Artikels eintreten zu lassen. named Article to take place;
1 Martens, N. R. G., 2d series, vol. 3, p. 529. From the Reichsanzeiger of February 4, 1879.
Translation from Brit. St. Pap., vol. 69, p. 773.
THE SCHLESWIG QUESTION, 1848
943
Se. Majestät der deutsche Kaiser His Majesty the German Emperor
und König von Preussen und Se. and King of Prussia and His Majesty
Majestät der Kaiser von Oesterreich the Emperor of Austria and King of
und König von Ungarn haben zu Hungary have appointed as their Rep-
diesem Zwecke zu Ihren Vertretern resentatives for this purpose:
ernannt:
Se. Majestät der Deutsche Kaiser For His Majesty the German Em-
und König von Preussen den Prinzen peror and King of Prussia, the Prince
Heinrich VII. Reuss, Allerhöchst Henry VII of Reuss, His Majesty's
Ihren Botschafter und General-Ad- Ambassador and General-Adjutant;
jutanten etc.
Se. Majestät der Kaiser von Oes- For His Majesty the Emperor of
terreich und König von Ungarn: Austria and King of Hungary, the
den Grafen Julius Andrassy von Count Julius Andrassy of Csik-Szent-
Czik-Szent-Kiraly und Kraszna- Király and Kraszna-Horka, His Maj-
Horka, Allerhöchst Ihren Minister des esty's Minister for the
for the Imperial
kaiserlichen Hauses und des Aeussern Household and for Foreign Affairs;
etc.,
Who, having duly exhibited their
welche nach Vorlegung ihrer in
full
powers in proper form, have
guter und richtiger Form befundenen agreed to the following Articles :
Vollmachten über nachstehende Ar-
tikel sich vereiniget haben.
ARTIKEL I. Die in dem zwischen ART. I. The Union laid down in
Sr. Majestät dem König von Preussen the Peace concluded at Prague be-
und Sr. Majestät dem Kaiser von tween his Majesty the Emperor of
Oesterreich, König von Böhmen und Germany, King of Prussia, and his
Apostolischen König von Ungarn, am Majesty the Emperor of Austria,
23. August 1866 zu Prag abgeschlos- King of Bohemia and King of Hun-
senen Friedensvertrage niedergelegte gary, on the 23rd of August, 1866, by
Vereinbarung, wonach der Uebertra- which a form is added to the transfer
gung der Sr. Majestät dem Kaiser von to His Majesty the King of Prussia of
Oesterreich durch den Wiener Fried- the rights of his Majesty the Emperor
ensvertrag vom 30. Oktober 1864 er- of Austria over the Duchies of Hol-
worbenen Rechte auf die Herzog- stein and Schleswig acquired by the
thümer Holstein und Schleswig an Se. Vienna Treaty of Peace of October
Majestät den König von Preussen eine 30, 1864, is hereby cancelled, so that
Modalität hinzugefügt ist, wird hie- the words in Article V of the above-
durch aufgehoben, so dass die Worte named Treaty of the 23rd August,
im Art. V des genannten Vertrages 1876:
1876: _" With the condition that the
vom 23. August 1866:
population of the northern districts of
mit der Massgabe, dass die Be- Schleswig shall be ceded to Denmark
944
DOCUMENTS
völkerungen der nördlichen Dis-
if by a free vote they express a wish
trikte von
von Schleswig, wenn sie to be united to Denmark,” shall be
durch
freie Abstimmung
den annulled.
Wunsch zu erkennen geben, mit
Dänemark vereinigt zu werden, an
Dänemark abgetreten werden sol-
len.”
ausser Gültigkeit gesetzt werden.
ARTIKEL II. Die Ratifikationen
II. The ratifications of the present
des gegenwärtigen Vertrages sollen zu Treaty shall be exchanged at Vienna
Wien binnen einer Frist von drei within a period of three months, or
Monaten oder wenn möglich früher sooner if possible.
ausgewechselt werden.
Zu Urkund dessen haben die Bevoll- In witness whereof the Plenipoten-
mächtigten gegenwärtigen Vertrag tiaries have signed the present treaty,
unterzeichnet und mit dem Insiegel and sealed it with the seal of their
ihrer Wappen versehen.
arms.
Seigeschehen in Wien, am 11. Okto- Done at Vienna on the 11th Octo-
ber 1878.
ber, 1878.
H. VII. REUSS,
H. VII REUSS.
ANDRASSY.
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 1
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.
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,
you 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,
GEO. H. YEAMAN.
Hon. Wni. 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.
an
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 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.
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.
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.
1
MR. YEAMAN TO COUNT FRIJS
(Confidential)
Legation 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 I 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 accede 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-
5
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 theni-
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
inight 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 final 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, I 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 I found first and who was just going to see the count by ap-
pointment. 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 diffi-
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 herr. fore urged, and as stated in my dispatch
No. 75, of 17th June, is now repeated 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-
ii. C., 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 inin-
ister of foreign affairs, I met him and the general on Wednesday, the 17th.
At that conference I 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 I had not expected,
and which does not seem to me to be entirely necessary; but I 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 an 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 I
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 I 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. YEAMAN.
Hon. William H. Seward,
Secretary of State, Washington.
MR. YEAMAN TO MR. SEWARD
+
No. 104.)
(Extract)
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. I 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.)
Legation 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 I 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, I 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 I 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:
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 I promptly advised Count Frijs and General
Raasloff that I 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 1
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 Plenipotentiaries
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,
i 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 1
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.
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
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
of 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 of 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,
November 30, 1867.
SIR:
.
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 I 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, I 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 I 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)
Royal PROCLAMATION TO THE INHABITANTS OF THE ISLANDS OF ST. THOMAS AND
St. John. OCTOBER 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 any 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 1
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 IT
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.
1
Letter from Mr. Seward to Mr. Hawley
Department of State,
Washington, December 16, 1867.
Sir: 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 sovereign.
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 I 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 1
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 Excellency
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)
Supplemental votes (blue)
742
297
Against the cession (white)
Supplemental votes (white)
1,039
21
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.
0
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
plebiscitum, the only 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 Indies, 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. Signed at Paris, August 10, 1877 1
TRAITÉ
TREATY
en
Le Président de la République fran- The President of the French Re-
çaise et Sa Majesté le roi de Suède et public and His Majesty the King of
de Norvège ayant reconnu, d'un mu- Sweden and Norway, having recog-
tuel accord, les avantages qui doivent nized by mutual accord the advan-
résulter de la réunion de l'île de Saint- tages which should result from the
Barthélemy aux possessions fran- union of the Island of St. Bartholo-
çaises, ont décidé de conclure un traité mew to the French possessions, have
à cet effet, et ont nommé pour leurs decided to conclude a treaty to that
plénipotentiaires, savoir :
effect, and have named as their
Plenipotentiaries, that is to say:
[Here follow the names of plenipo-
tentiaries. ]
Lesquels, après s'être communiqué Who, having communicated their
leurs pleins pouvoirs, trouvés, full powers, found in good and due
bonne et due forme, sont convenus des form, have agreed as to the following
articles suivants :
articles :
ARTICLE 1. Sa Majesté le roi de ARTICLE 1. His Majesty the King
Suède et de Norvège rétrocède à la of Sweden and Norway cedes back to
France l’île de Saint-Barthélemy et
France the Island of St. Bartholo-
renonce, en conséquence, pour lui et mew and renounces, in consequence,
tous ses descendants et successeurs, à for himself and all his descendants
ses droits et titres sur ladite colonie. and successors all rights and titles
Cette retrocession est faite sous la ré- over this colony aforesaid. . This
serve expresse du consentement de la retrocession is made under the ex-
population de Saint-Barthélemy et, en press reservation of the consent of the
outre, aux conditions énumérées dans population of St. Bartholomew and
un protocole spécial, qui sera annexé 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
DOCUMENTS
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.
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.
Donc at Paris, August 10, 1877.
DECAZES.
G. ADELSWARD.
Fait à Paris, le 10 août 1877.
DECAZES.
G. ADELSWARD.
Protocol After the Plebiscite, Regarding the Details of the Delivery of the
Island to France. October 31, 1877 1
Les soussignés, munis des pleins The undersigned, furnished with
pouvoirs de leurs gouvernements à full powers by their governments for
l'effet de réglementer la rétrocession the purpose of effecting the retroces-
de l'ile de Saint Barthélemy à la sion of the Island of St. Bartholomew
France, stipulée par le traité signé à to France, stipulated by the Treaty
Paris, le 10 août dernier, sont con- signed at Paris the tenth of August
venus des dispositions suivantes : last, are agreed on the following ar-
rangements.
Art. 1. La population de l’ile ARTICLE 1. The population of the
de Saint-Barthélemy ayant été con- island of St. Bartholomew having
sultée conformément à l'article 1er de been consulted according to the terms
la convention ci-dessus rappelée, en of Article 1 of the convention re-
faveur d'une réunion de cette île aux ferred to above and having pro-
possessions françaises, les sujets de nounced in favor of a union of this
la couronne de Suède domiciliés dans island with the possessions of France,
ladite île ou dans les îlots qui en dé- the subjects of the Crown of Sweden,
pendent sont déliés de tout lien de domiciled in said island or in the
sujétion envers Sa Majesté le roi de islands which are dependent on it, are
Suède et de Norvège, ses descendants 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
979
et successeurs, et la nationalité fran- Majesty, the King of Sweden and
çaise leur sera acquise de plein droit à Norway, his descendants and suc-
dater du jour de la prise de possession cessors, and shall receive full French
par l'autorité française.
nationality dating from the day when
the French Government shall take
possession.
ARTICLE 2. Toutefois, il demeu- ARTICLE 2. It shall, moreover, re-
rera loisible aux personnes domiciliées main open to the persons domiciled
dans l'ile de Saint-Barthémy et étant in the Island of St. Bartholomew and
en possession de la qualité de sujets de in possession of the status of subjects
la couronne de Suède, de s'assurer, si of the Crown of Sweden, to preserye
elles préfèrent, la conservation de this status if they so prefer, by means
cette qualité moyennant une déclara- of an individual declaration made to
tion individuelle faite à cet effet de- this effect before the proper authori-
vant l'autorité de l'ile; mais, dans ce ties of the Island; but, in this case,
cas, le Gouvernement français se ré- the French Government reserves the
serve la faculté d'exiger qu'elles right to demand that they shall re-
transportent leur résidence hors du ter- move their residence outside the
ritoire de Saint-Barthélemy.
territory of St. Bartholomew.
Le délai dans lequel pourra se faire The period in which the declaration
la déclaration d'option prévue au para- of option provided for in the preced-
graphe précédent sera d'un an à dater ing paragraph may be made shall be
du jour de l'installation de l'autorité
one year, dating from the day of the
française dans l'île de Saint-Barthé- installation of the French Govern-
lemy.
ment in the Island of St. Bartholo-
mew.
Pour les personnes qui, à cette date, For those persons, who, at that
n'auront pas l'âge fixé pour la ma- date, shall not have attained the age
jorité par la loi française, le délai d'un of majority as fixed by French law,
an courra à partir du jour où elles at- the period of one year shall run from
teindront cet âge
the day when they will attain this age.
ARTICLE 3. La France succède ARTICLE 3. France succeeds to the
aux droits et obligations résultant de rights and obligations resulting from
tous actes régulièrement faits par la all acts regularly transacted by the
couronne de Suède ou en son nom Crown of Sweden, or in its name, in
pour des objets d'intérêt public ou do- the interest of the public or of the
manial concernant spécialement la Crown which especially concern the
colonie de Saint-Barthélemy et ses dé- colony of St. Bartholomew and its
pendances.
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. November 12, 1877 1
1
one
MM. Dans le courant de l'année GENTLEMEN. In the course of the
dernière, le cabinet de Stockholm nous past year the cabinet of Stockholm
a fait des ouvertures en vue d'une made overtures to us with a view to
rétrocession de l'ile Saint Barthélemy the retrocession of the island of Saint
à la France. Cette île, l'une des plus Bartholomew to France. This island,
petites parmi les Antilles, compte en-
of the smallest among the
viron 2,400 habitants et mesure 25 Antilles, counts about 2400 inhabit-
kilomètres de circonférence; elle nous ants and measures 25 kilometers in
appartenait depuis plus d'un siècle circumference; it had belonged to us
quand, en 1784, elle fut cédée par le for more than a century when, in
roi Louis XVI à la Suède en échange 1784, it was ceded by King Louis
du droit accordé à la France d'établir XVI to Sweden in exchange for the
à Gothenbourg un entrepôt de mar- right accorded to France of establish-
chandises françaises.
ing at Gothenburg a warehouse for
French merchandise.
Les raisons qui avaient motivé The reasons which actuated the
l'abandon de cette possession à la abandonment of this possession to
Suède puisaient leur force à la fois Sweden drew their force at one and
dans l'intérêt des deux puissances et the same time from the interest of
dans celui de la colonie elle-même. the two powers and that of the colony
Mais les circonstances ont changé. itself. But circumstances have
Les considérations qui avaient déter- changed. The considerations which
miné cet arrangement n'ont plus au- had determined this arrangement
jourd'hui aucune valeur politique ni have today no longer any value,
commerciale pour les parties contrac- political or commercial, for the con-
tantes, et la Suède, en ce qui la con- tracting parties, and Sweden as far as
cerne, avait depuis quelques années she is concerned, had, several years
déjà formé le projet de renoncer au ago, already formed the plan of re-
bénéfice de ces stipulations.
nouncing the benefit of these stipula-
tions.
Quant aux habitants de Saint-Bar- As to the inhabitants of Saint
thélemy, sous la souveraineté de la Bartholomew, they have had to sub-
couronne de Suède, ils ont eu à subir mit to diverse fortunes under the
des fortunes diverses. Leur ile ayant sovereignty of the Crown of Sweden.
pu échapper à la plupart des difficultés Their island, having succeeded in es-
1 De Clercq,-Recueil, vol. 12, p. 37.
ST. BARTHOLOMEW, WEST INDIES, 1877
981
ses
res-
qui, lors de nos grandes guerres, [qui] caping most of the difficulties which,
ont paralysé l'essor des colonies voi- during our great wars, paralyzed the
sines, demeurées françaises, a vu pen- scope of the neighboring colonies
dant un temps son commerce s'accroî- which had remained French, had seen
tre et sa prospérite s'affermir. Mais for a time its commerce increased and
arrivée au point où elle aurait eu its prosperity established.
besoin d'une vigoureuse impulsion But, arrived at the point where it
pour développer encore
should have had a vigorous impulse
sources, elle est restée stationnaire et
to develop its resources further, it re-
son isolement a rendu presque force- mained stationary, and its isolation
ment stériles les efforts tentés en sa almost perforce rendered sterile the
faveur, sous différentes formes, par la efforts made in its favor, under
paternelle administration suédoise. various forms, by the paternal
Swedish government.
La population det l'île de Saint- The population of the island of
Barthélemy n'avait donc aucune ob- Saint Bartholomew had therefore no
jection contre le projet de la Suède cbjection whatever to the proposition
d'aliéner cette dépendance, et il lui of Sweden to alienate this depend-
convenait avant tout, si elle était dé- ency, and above all it was pleased, if
tachée de sa métropole d'adoption, de it was to be detached from its adopted
se trouver rattachée à sa patrie d'ori- mother, to find itself again attached
gine.
to the country of its origin.
La résolution prise par le Gouverne- The resolve taken by the Swedish
ment suédois de renoncer à la posses- government to renounce the posses-
sion de l'ile Saint-Barthélemy, doit sion of the island of Saint Bartholo-
être attribuée surtout à la difficulté qui mew must be attributed especially to
existe pour lui, de l'administrer. Au- the difficulty that exists in administer-
jourd'hui que la marine royale de ing it. Now when the royal navy of
Suède et de Norwège confine de pré- Sweden and Norway prefers to con-
férence sa navigation aux eaux scan- fine its navigation to Scandinavian
dinaves, et trouve sa destination prin- waters, and finds its principal use in
cipale dans la défense des côtes des the defence of the coasts of the two
deux Royaumes-Unis, c'est une charge United Kingdoms, the obligation to
sans compensation suffisante que l'ob- detach a frigate every year for the
ligation de détacher chaque année une purpose of maintaining, on the other
frégate, afin de maintenir, par delà side of the Atlantic, the official rela-
l'Atlantique, les rapports officiels de la tions of the Crown with a distant and
couronne avec une possession loin- solitary possession, is a charge with-
taine et solitaire. Pour la France qui
Pour la France qui out sufficient compensation.
entretient aux Antilles une division For France who maintains a naval
navale et qui, à la Guadeloupe et à la division in the Antilles, and who, at
982
DOCUMENTS
Martinique, possède une administra- Guadeloupe and Martinique, pos-
tion coloniale complète, fonctionnant sesses a complete colonial administra-
régulièrement de toutes pièces dans le tion, functioning regularly in all
voisinage le plus proche de Saint- matters in the immediate vicinity of
Barthélemy, la situation est tout Saint Bartholomew, the situation is
autre; la tâche serait relativement quite otherwise : the task would be
aisée de relever cette colonie de son comparatively easy
easy to raise this
état d'affaissement actuel et de tirer colony from its state of present weak-
parti de ses ressources.
ness and to turn its resources to ac-
count.
Cette conviction nous a permis d'ac-
This conviction allowed us to re-
cueillir favorablement les ouvertures ceive favorably the overtures which
qui nous étaient faites par le gouverne- were made to us by the Swedish gov-
ment suédois, et nous pouvons, au- ernment, and we can now again join
jourd'hui, unir de nouveau à nos pos- to our possessions in the Antilles a
sessions des Antilles une population population of French · origin which,
d'origine française qui, pendant une during a separation of very nearly a
séparation bientôt séculaire, a conservé century, has preserved the language
la langue et les moeurs de la France. and the customs of France.
Nous nous sommes mis facilement We have easily come to an agree-
d'accord avec le cabinet de Stockholm ment with the cabinet of Stockholm
sur le principe de la rétrocession. La on the principle of the retrocession.
seule condition essentielle à laquelle le The only essential condition to which
roi de Suède entendait qu'elle fut sub- the King of Sweden required it to
ordonnée était l'assentiment des habi- be subordinated, was the consent of
tants de l'île exprimé par un vote the inhabitants of the islands, ex-
populaire. Cette demande était trop pressed by a popular vote. This de-
conforme à notre propre sentiment et mand was too much in conformity
aux règles de notre droit public pour with our own sentiment and with the
que nous y fissions des objections. rules of our public law for us to make
En conséquence, le ministre des af- any objections. In consequence, the
faires étrangères a signé avec M. le Minister of Foreign Affairs signed
ministre de Suède à Paris, sous la date with the Minister of Sweden at Paris,
du 10 août dernier, le traité que nous under date of August 10 last, the
avons l'honneur de vous soumettre, et treaty which we have the honor to
qui, stipulant la rétrocession de l'ile de submit to you, and which, stipulating
Saint-Barthélemy à la France, sous la the retrocession of the islands of
réserve du consentement de la popula- Saint Bartholomew to France, under
tion intéressée, renvoyait à un proto-
reservation of the consent of the
cole spécial le règlement des condi- population interested, left to a special
ST. BARTHOLOMEW, WEST INDIES, 1877
983
tions subsidiaires du transfert de sou- protocol the arrangement of sub-
veraineté.
sidiary conditions for the transfer of
sovereignty.
Il a été convenu que, pendant que : It was agreed that, while the terms
seraient débattus les termes de ce pro- of this protocol were being discussed,
tocole, le gouvernement royal de the royal government of Sweden
Suède ferait procéder sur les lieux à should proceed, on the spot, to a con-
une consultation des habitants de la sultation of the inhabitants of the
colonie.
colony,
Ils ont été appelés effectivement à They have been, in fact, called to
déposer leurs votes, et 351 individus cast their votes, and 351 persons hav-
ayant pris part au scrutin, 350 se sont ing taken part in the balloting, 350
prononcés en faveur de la réunion à have pronounced themselves in favor
la France; un seul suffrage a été donné of the reunion with France; one
en sens contraire. 1
single vote was cast in a contrary
sense.
Ce résultat acquis, la rédaction du This result attained, the drafting of
protocole formant annexe du traité de the protocol forming an annex to the
rétrocession et présenté en même treaty of retrocession and presented
temps que lui à votre approbation, a to your approbation at the same time
pu être définitivement arrêté.
arrêté. Cet with it, could be finally concluded.
acte a été signé le 31 octobre.
That act was signed on October 31.
Les clauses qui y figurent se justi- The clauses contained therein gen-
fient généralement par leur teneur erally justify themselves by their own
même et demandent peu d'explica- tenor, and require little explanation.
tions.
.
a
En vous demandant d'accorder à cet In asking you to accord to this col-
ensemble de dispositions la haute con- lection of provisions the great conse-
sécration de vos suffrages, nous avons cration of your votes, we have the
l'espoir de nous rencontrer avec vous hope that we may meet with you in
dans un commun sentiment de satis- common sentiment
sentiment of national
faction nationale, justifié, nous n'hési- satisfaction, justified, we do not
tons pas à le dire, à la fois par l'objet 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
DOCUMENTS
et par les phases successives de la né- the successive phases of the negotia-
gociation qui vient de vous être ex- tion which we have just revealed to
posé. La spontanéité de l'offre qui you. The spontaneity of the offer
nous a été déférée, la vivacité persis- which has been tendered to us, the
tante des souvenirs qu'elle a eu pour persistent vivacity of the memories
effet de réveiller, l'unanime et tou- that it had the effect of awakening, ,
chante démonstration qui nous a été the unanimous and touching demon-
adressée de l'autre côté de l'Océan, stration addressed to us from the
sont des témoignages auxquels notre other side of the ocean, are testi-
patriotisme n'a pu demeurer insensi- monies to which our patriotism could
ble. Nous avons saisi, non sans quel- not remain insensible. We have
que émotion, nous devons l'avouer, seized, not without some emotion, we
l'occasion de rattacher à la patrie, dont must confess, the occasion to reat-
sur une rive lointaine elle avait gardé tach this little colony, essentially
si fidèlement le culte, cette petite colo- French, to the country whose wor-
nie essentiellement française.
ship it has so faithfully guarded on a
distant shore.
Vous aussi, nous en avons l'assur- You too, we feel assured, will
ance, vous estimerez le prix de l'acqui- estimate the price of the acquisition
sition qui nous est proposée, non which is proposed to us, not according
d'après l'étendue du territoire ou le to the extent of territory or the
nombre des sujets, mais d'après la number of subjects, but according to
valeur morale de ce pieux attachement the moral value of this pious attach-
pour la France.
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 Plenipotentiary to Chile.
June 26, 1882–July 2, 1883 1
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.
al 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 Presi-
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 rapid-
ity 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, I 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 Señor 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:
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 ulțimo, I stated to you that, as my Government
could not feel that the terms o 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 Señor 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.
mission was granted, and our voyage to that place was facilitated by your
excellency.
At Angol we had long consultations with Señor 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 Señor 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 Señor 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 con omise. These efforts have been made upon the basis of several
This per-
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 Señor Calderon.
This proposal was declined, both by your excelldncy and Señor 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 Señor 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
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.
Señor Calderon, however, refused the proposal in its more favorable form,
and it was useless to present it to him in the other forin, even if I had felt
authorized to commit my own Government to it in that shape.
Fourth. I proposed to Señor 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?'
still to pay
990
DOCUMENTS
Señor 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 Señor 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, Señor Calderon
made certain stipulzions 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.
Your 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 Señor 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
1
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 :
1st. 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 1
La República de Chile, de una parte, The Republic of Peru on the one
i de la otra la República del Perú, part, and the Republic of Chile on
deseando restablecer las relaziones de the other, being desirous of re-estab-
amistad entre ambos paises, han de- lishing friendly relations between the
terminado celebrar un Tratado de paz two countries, have resolved to con-
i amistad i al efecto han nombrado i clude a Treaty of Peace and Friend-
constituido por sus Plenipotenciarios ship, and for that purpose have
a saber:
named as their Plenipotentiaries, that
is to say :
S.E. el Presidente de la Republica His Excellency the President of
de Chile a don Jovino Novoa, i S.E. the Republic of Peru, Don José An-
el Presidente de la Republica del Perú tonio de Lavalle, Minister of For-
a don José Antonio de Lavalle, Mi- eign Affairs; and Don Mariano Cas-
nistro de Relaciones Esteriores i a don tro Zaldivar;
Mariano Castro Zaldívar.
And his Excellency the President
of the Republic of Chile, Don Jovino
Novoa;
Quienes, despues de haberse comu- Who, after having communicated
nicado sus Plenos Poderes, i de haber- to each other their full powers, and
los hallado en buena i debida forma, found them to be in good and due
han convenido en los artículos si- form, have agreed upon the follow-
guientes :
ing Articles :
ART. PRIMERO. Restablécense las ARTICLE 1. Relations of peace
relaciones de paz i amistad entre las 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—
993
Repúblicas de Chile i del Perú.
. tween the Republics of Peru and Chile.
ART. SEGUNDO. La República del ART. 2. The Republic of Peru
Perú cede a la República de Chile, cedes to the Republic of Chile, in per-
perpétua e incondicionalmente, el ter- petuity and unconditionally, the ter-
ritorio de la provincia litoral de Tara- ritory of the littoral province of Tara-
pacá, cuyos límites son, por el norte paca, the boundaries of which are: on
la quebrada i rio de Camarones; por the north, the ravine and River Ca-
el sur la quebrada i rio del Loa; por marones; on the south, the ravine and
el oriente la República de Bolivia i River Loa; on the east, the Republic
por el poniente el mar pacífico.
of Bolivia ; and on the west, the Pa-
cific Ocean.
ART. TERCERO. El territorio de las Art. 3. The territory of the
provincias de Tacna i Arica, que li- provinces of Tacna and Arica, bound-
mita por el norte con el rio Sama, ed on the north by the River Sama
desde su nacimiento en las cordilleras from its rise in the Cordilleras bor-
limítrofes con Bolivia hasta su desem- dering upon Bolivia, to where it flows
bocadura en el mar, por el sur con la into the sea, on the south by the ravine
quebrada i rio de Camarones, por el
and River Camarones, on the east by
oriente con la República de Bolivia, i the Republic of Bolivia, and on the
por el poniente con el mar Pacifico, west by the Pacific Ocean, shall re-
continuará poseido por Chile i sujeto main in the possession of Chile, and
a la lejislacion i autoridades chilenas subject to Chilean laws and authori-
durante el término de diez años con- ties, during the term of ten years, to
tados desde que se ratifique el pre-
be reckoned from the ratification of
sente Tratado de paz. Espirado este the present Treaty of Peace. At the
plazo, un plebiscito deciderá, en vota- expiration of that term a plebiscite
cion popular, si el territorio, de las shall, by means of a popular vote, de-
provincias referidas queda definitiva- cide whether the territory of the prov-
mente del dominio i soberanía de inces referred to is to remain defini-
Chile, o si continúa siendo parte del tively under the dominion and sover-
territorio peruano. Aquel de los dos eignty of Chile, or continue to form a
paises a cuyo favor queden anexadas part of the Peruvian territory.
las provincias de Tacna i Arica, pa-
Whichever of the two countries in
gará al otro diez millones de pesos
whose favour the provinces of Tacna
moneda chilena de plata o soles pe-
and Arica are to be annexed shall
pay
ruanos de igual lei i peso que aquella. to the other 10,000,000 dollars in
Chilean silver currency, or Peruvian
soles of the same standard and
weight.
Un protocolo especial, que se con- A special Protocol, which shall be
994
DOCUMENTS
siderará como parte integrante del considered an integral part of the
presente Tratado, establecerá la forma
present Treaty, will establish the
en que el plebiscito deba tener lugar forin in which the plebiscite is to
i los términos i plazos en que hayan take place, and the conditions and
de pagarse los diez millones por el periods of payment of the 10,000,000
pais que quede dueño de las provincias dollars by the country which remains
de Tacna i Arica.
in possession of the provinces of
Tacna and Arica.
ART. CUARTO. En conformidad a Art. 4. In conformity to the
lo dispuesto en el supremo decreto de provisions of the Supreme Decree of
9 de febrero de 1882, por el cual el the 9th February, 1882, by which the
Gobierno de Chile ordenó la venta de Government of Chile ordered the sale
un millon de toneladas de guano, el of 1,000,000 tons of guano, the net
producto liquido de esta sustancia, de- proceeds of that sale, after deducting
ducidos los gastos i demas desembol- the expenses and disbursements re-
sos a que se refiere el artículo 13 de ferred to in Article 13 of the said
dicho decreto, se distribuirá por partes Decree, shall be equally divided be-
iguales entre el gobierno de Chile i tween the Government of Chile and
los acreedores del Perú, cuyos títulos those creditors of Peru whose claims
de crédito aparecieren sustentados con appear to be guaranteed by the
la garantía del guano.
guano.
Terminada la venta del millon de The sale of the 1,000,000 tons re-
toneladas a que se refiere el inciso ferred to in the preceding paragraph
anterior, el Gobierno de Chile con- being completed, the Government of
tinuará entregando a los acreedores Chile shall, as provided for in Article
peruanos el cincuenta por ciento del 13, continue to hand over to the
producto líquido del guano, tal como Peruvian creditors 50 per cent. of the
se establece en el mencionado arti- net proceeds of the guano until the
culo 13, hasta que se estinga la deuda debt be extinguished or the guano beds
o se agoten las covaderas en actual actually worked be exhausted.
esplotacion.
Los productos le las covaderas o The proceeds of the guano beds
yacimientos que se descubran en lo which may hereafter be discovered in
futuro en los territorios cedidos, per- the ceded territories shall belong ex-
tenecerán esclusivamente al Gobierno, clusively to the Government of Chile.
de Chile.
present
ART. DÉCIMO CUARTO. El presente
Tratado será ratificado i las ratifica-
ciones canjeadas en la ciudad de Lima
cuanto antes sea posible dentro de un
ART. 14. The
Treaty
shall be ratified, and the ratifications
exchanged as soon as possible within
the maximum term of 160 days,
THE TACNA-ARICA QUESTION, 1883—
995
término máximo de ciento sesenta dias to be reckoned from
from this date.
contados desde esta fecha.
En fé de lo cual, los respectivos In faith of which the respective
Plenipotenciarios lo han firmado por Plenipotentiaries have signed the
duplicado i sellado con sus sellos par- same in duplicate and affixed thereto
ticulares.
their respective seals.
Hecho en Lima, a veinte de octubre Done at Lima this 20th day of Oc-
del año de Nuestro Señor, mil ocho- tober, in the year of our Lord, 1883.
cientos ochenta i tres.-
JOVINO Novoa,
JoviNo Novoa,
J. A. DE LAVALLE,
J. A. DE LAVALLE,
MARIANO CASTRO ZALDIVAR.
MAR. CASTRO ZALDIVAR.
The Jiménez-Vial Solar Protocol. Signed January 26, 1894 ? 1
T
I
El plebiscito se verificará en las con- The plebiscitum shall be held un-
diciones de reciprocidad que ambos der the conditions of reciprocity that
gobiernos estimen necesarias para ob- both governments shall deem neces-
tener una votacion honrada y que sea sary in order to obtain an honest elec-
la expresión fiel y exacta de la volun- tion that will be the faithful and true
tad popular de las provincias de Tacna expression of the popular will of the
provinces of Tacna and Arica.
y Arica.
II
II
Aquel de los dos paises á cuyo favor The one of the two nations in
queden anexadas dichas provincias, whose favor the said provinces are
pagará al otro, los diez millones de to be annexed shall pay unto the
soles estipulados en el referido articulo other the ten million pesos stipulated
III, en bonos de la deuda pública de in Clause III, in bonds of the public
412 por ciento de interés y uno por debt at 41/2 per centum interest and 1
ciento de amortización. Los bonos per cent. sinking fund. The bonds
de Chile se cotizarán al tipo medio que of Chile shall be quoted at the aver-
los de la misma clase hayan tenido en age price at which those of the same
el semestre anterior en el mercado de description have been quoted in the
Londres; y los bonos del Perú al tipo 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- vious half year, and the bonds of
nos, no pudiendo ser éste menor del Peru at the price to be decided upon
sesenta por ciento.
by both governments, but in no case
lower than 60 per cent.
El gobierno que emita dichos bonos The government issuing the bonds
podrá, en cualquier tiempo, hacer may at any time redeem them totally
amortizaciones totales ó parciales de or in part at the rate at which they
ellos al tipo en que fueron aceptados were accepted at the time of their
en el momento de su emisión.
issue.
III
III
Los cupones por intereses vencidos
y bonos amortizados serán recibidos
en pago de los derechos de aduana del
pais que los emita.
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
IV
En el caso de que Chile obtuviera In the event that Chile should
el triunfo en el plebiscito, el Perú gain the plebiscitum Peru shall be en-
podrá rectificar su frontera del Sama, titled to rectify her frontier on the
avanzando hasta la ribera sur de la river Sama, advancing up to the
quebrada de Chero, que comienza en southern border of the valley of
Punta Quiaca y termina en la cor- Chero, that commences in Punta
dillera al sur del nevado Pallagua, Quiaca and terminates in the cordil-
prolongándose la linea divisoria hasta lera to the south of snow-capped Pal-
el origen y curso del Uchusuma.
lagua, extending the boundary line
until the source and flow of the Uchu-
suma.
En cambio, si el Perú fuese el fa- Per contra, if Peru should be fa-
vorecido, Chile podrá rectificar su vored Chile shall be entitled to rectify
frontera de Camarones avanzando her frontier of Camarones, advanc-
hasta la ribera norte de la quebrada ing as far as the northern edge of the
de Vítor ó Chaca, comprendiendo la valley of Vitor or Chaca, including
caleta del mismo nombre y prolongán- the inlet of the same name, and ex-
dose la linea divisoria por dicha que tending the boundary line by the said
brada hasta su vertiente meridional y valley as far as its southern slope and
el límite con Bolivia.
the boundary with Bolivia.
El pais que haga uso del derecho Whichever nation shall make use
que se le concede en esta base, abo- of the concession herein mentioned
nará al otro la suma de tres millones shall pay unto the other the sum of
THE TACNA-ARICA QUESTION, 1883
997
de soles que se descontarán del monto
total de la indemnización.
three million pesos, which shall be de-
ducted from the total sum of the in-
demnity.
Uncompleted Secret Treaty between Chile and Balivia. Signed May 18,
1895 1
La república de Chile y la repú- The Republic of Chile and the Re-
blica de Bolivia, en el propósito de e- public of Bolivia, for the purpose of
strechar cada vez más los vinculos de strengthening yet more the ties of
amistad que unen a los dos paises, y friendship that unite the two nations,
de acuerdo en que una necesidad su- and in accordance with the high ne-
perior, el futuro desarrollo y pros- cessity that the future development
peridad comercial de Bolivia requieren and commercial prosperity of Bolivia
su libre y natural acceso al mar, han require of a free and natural access
determinado ajustar un tratado espe- to the sea, have determined to make a
cial sobre trasferencia de territorio, special treaty regarding transference
y al efecto han nombrado y consti- of territory, and for this object have
tuido por sus plenipotenciarios, á sa- named and appointed their Plenipo-
ber:
tentiaries, namely:
S. E. el presidente de la república His Excel. the President of Chile,
de Chile, á don Luis Barros Borgoño, appoints Mr. Luis Barros Borgono,
ministro de relaciones exteriores de Chilian Minister for Foreign Affairs,
Chile; y S. E. el presidente de la re- and His Excel. the President of
pública de Bolivia, á don Heriberto Bolivia,
Bolivia, appoints Mr. Heriberto
Gutiérrez, enviado extraordinario y Gutierrez, Envoy Extraordinary and
ministro plenipotenciario de Bolivia Minister Plenipotentiary of Bolivia,
en Chile, quienes, después de haber in Chile, who after having exchanged
canjeado sus plenos poderes, y ha- their full powers, and having found
biéndolos hallado en buena y debida them in good and due form, have ac-
forma, han acordado las siguientes corded the following bases :
bases:
I
I
Si, á consecuencia del plebiscito que If in consequence of the plebiscite,
haya de tener lugar, en conformidad 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 Arica
Question, p. 58.
998
DOCUMENTS
al tratado de Ancón, o á virtud de with the Treaty of Ancon, or by
arreglos directos, adquiriese la repú- means of direct arrangements, the
blica de Chile dominio y soberanía per- Republic of Chile should acquire per-
manente sobre los territorios de Tacna manent dominion and sovereignty
y Arica, se obliga á trasferirlos á la over the territories of Tacna and
república de Bolivia, en la misma Arica, Chile incurs the obligation of
forma y con la misma extensión que transferring them to the Republic of
las adquiera, sin perjuicio de lo es- Bolivia in the same form and with
tablecido en el articulo II.
the same extension with which they
are acquired, without prejudice of
that which is established in Article II.
La república de Bolivia abonará,
The Republic of Bolivia shall pay,
como indemnización de dicha tras-
as indemnity for the said transfer-
ferencia de territorio, la suma de cinco
ence of territory, the sum of five mil-
millones de pesos de plata, de 25 lion silver
silver dollars, weighing 25
gramos y 9 décimos fino, quedando grammes each, and of nine tenths fine
especialmente afecto para responder á silver; there being given as a special
este pago, el 40 por ciento del rendi-
security for this payment, 40 per cent.
miento bruto de la aduana de Arica.
of the gross income of the Arica cuis-
tom-house.
II
II
Si se verifica la cesión contemplada If the cession, contemplated in the
en el artículo precedente, es entendido preceding article, takes place, it is
que la república de Chile avanzaría su understood that the Republic of Chile
frontera norte de Camarones á la que- advances her frontier north of Cam-
brada de Vítor, desde el mar hasta arones to the valley of Vitor, from
tocar con el límite que actualmente the sea to the limit that now separates
separa esa región de la república de that region from the Republic of
Bolivia.
Bolivia.
III
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 ó conjuntamente con Bo-
livia, para obtener en propiedad de-
finitiva los territorios de Tacna y
Arica.
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–
999
IV
IV
Si la república de Chile no pudiese If the Republic of Chile can not
obtener en el plebiscito, ó por arreglos obtain by the plebiscite, or by direct
directos, la soberanía definitiva de la arrangements, the definite Sover-
zona en que se hallan las ciudades de eignty of the zone in which are situ-
Tacna y Arica, se compromete á cederated the cities of Tacna and Arica,
á Bolivia la caleta de Vítor hasta la she promises to cede to Bolivia the
quebrada de Camarones, ú otra aná- Cove of Vitor, as far as the valley of
loga, y además la suma de cinco mi- Camarones, or another analogous one,
llones de pesos de plata, de 25 gramos and moreover the sum of five million
de peso y 9 décimos fino .
dollars, of the weight of 25 grammes,
and nine tenths of fine silver.
1
V
V
Un arreglo especial determinará los
límites precisos del territorio que se
ceda, conforme al presente tratado.
A special arrangement shall de-
termine the precise limits of the terri-
tory to be conceded, in conformity
with the present Treaty.
VI
VI
Si la cesión se hiciese en conformi- If the cession be made in cor-
dad al articulo IV, y en la zona cedida formity with Article IV, and in the
se encuentran ó se descubren en lo zone ceded there be found, or dis-
futuro yacimientos de salitre, no po- covered in the future, deposits of ni-
drán absolutamente ser explotados, ni trate, these deposits can not be
trasferidos, sino después que se hallen worked or transferred till after all
agotados todos los yacimientos de sali- the nitrate deposits existing in the
tre existentes en el territorio de la territory of Chile be exhausted; ex-
república de Chile, salvo que, por cept, that by special agreement be-
acuerdo especial de ambos gobiernos, tween the two Governments, another
se estipule otra cosa.
rrethod be stipulated.
VII
VII
Este tratado, que se firmará al This Treaty, that shall be signed
mismo tiempo que los de paz y comer- at the same time as those referring to
cio, ajustados entre las mismas re- Peace and Commerce, adjusted be-
públicas, se mantendrá en reserva, y tween the same Republics, and shall be
no podrá publicarse sino mediante maintained in reserve, and can not
acuerdo entre las altas partes contra- be published except by an agreement
tantes.
between the high contracting parties.
1000
DOCUMENTS
VIII
VIII
Las ratificaciones de este tratado The ratifications of this Treaty
serán canjeadas dentro del plazo de shall be exchanged within the term of
seis meses, y el canje tendrá lugar en six months, and this exchange shall
la ciudad de Santiago.
take place in the city of Santiago.
En fe de lo cual, el señor ministro In witness of this the Chilian Min-
de relaciones exteriores de Chile y el ister for Foreign Affairs and the En-
señor enviado extraordinario y mi- voy Extraordinary and Minister
nistro plenipotenciario de Bolivia fir- Plenipotentiary of Bolivia signed and
man y sellan, con su respectivo sello, sealed the present Special Treaty, in
por duplicado, el presente tratado es- the city of Santiago, on the eight-
pecial, en la ciudad de Santiago, á eenth of May, one thousand eight
los dieciocho días del mes de mayo de hundred and ninety-five.
mil ochocientos noventa y cinco.
(L. S.) Luis BARROS BORGOÑO. (L. S.) LUIS BARROS BORGOÑO.
(L. S.) HERIBERTO GUTIÉRREZ. (L. S.) HERIBERTO GUTIÉRREZ.
The Billinghurst-Latorre Protocol. Signed April 16, 1898 1
En la ciudad de Santiago, á los In the city of Santiago, on the six-
dieciseis días del mes de abril de mil teenth day of the month of April,
ochocientos noventa y ocho, reunidos eighteen hundred and ninety-eight,
en la sala del despacho del ministerio Señor Guillermo E. Billinghurst,
de relaciones exteriores, el señor don Minister Plenipotentiary on special
Guillermo E. Billinghurst, ministro mission from the Republic of Peru,
plenipotenciario en misión especial de and Señor Juan José Latorre, Secre-
la república del Perú, y el señor don tary in Office, having met in the of-
Juan José Latorre, ministro del ramo, fice of the Secretary of Foreign Re-
expusieron que: los gobiernos de la lations, stated that: The Govern-
republica del Perú y de la república ments of the Republic of Chile and
de Chile, deseosos de llegar á una so- of the Republic of Peru, desirous of
lución definitiva respecto al dominio y arriving at a definite solution with re-
soberanía de los territorios de Tacna gard to the dominion and sover-
y Arica, en conformidad al tratado eignty of the territories of Tacna and
de paz de 20 de octubre de 1883, y Arica, in conformity with the
de estrechar las relaciones de amistad Treaty of Peace, of October 20th,
entre ambos pueblos, eliminando una 1883, and also desirous of strength-
1 Ministerio de Relaciones Exteriores del Perú, Circular sobre la cuestión Tacna y Arica,
D. 302. The Protocol was not ratified.
THE TACNA-ARICA QUESTION, 1883—
1001
cuestión que los ha preocupado desde ening the relations of friendship be-
hace tiempo; después de examinar y tween the two nations by eliminat-
calificar sus respectivos poderes y de ing a question which has preoccu-
encontrarlos bastantes, ajustaron la pied them for a long time past, after
siguiente convención, destinada á dar examining and approving their cre-
cumplimiento al articulo 3º del alu- dentials, have agreed upon the fol-
dido tratado de 20 de octubre de 1883: lowing convention, designed to facili-
tate the carrying out of Article III,
of the aforesaid Treaty of October
20th, 1883:
ARTÍCULO 1
ARTICLE 1
Quedan sometidos al fallo del go- There shall be submitted to the
bierno de su majestad la reina regente decision of the Government of Her
de España, á quien las altas partes Majesty the Queen Regent of Spain,
contratantes designan con el carác- whom the High Contracting Parties
ter de árbitro, los puntos siguientes: designate as Arbitrator, the follow-
ing points :
1° quienes tienen derecho á tomar 1st. Who have a right to vote in
parte en la votación plebiscitaria des- the plebiscite which shall decide the
tinada á fijar el dominio y soberanía permanent sovereignty and dominion
definitivos de los territorios de Tacna over the territories of Tacna and
y Arica, determinando los requisitos Arica; determining the requisites of
de nacionalidad, sexo, edad, estado nationality, sex, age, civil condition,
civil, residencia ó cualesquiera otros residence, or any others which should
que deban reunir los votantes; qualify the voters;
2º. si el voto plebiscitario debe ser 2nd. Whether the balloting for
público ó secreto.
the plebiscite shall be public or secret.
ARTÍCULO 2
ARTICLE 2
Una junta directiva compuesta de A directive assembly, composed of
un representante del gobierno de a representative of the Government
Chile, de un representante del go- of Chile, of a representative of the
bierno del Perú, y de un tercero desig- Government of Peru and a third per-
nado por el gobierno de España, presi- soni appointed by the Government of
dirá los actos y tomará las resolu- Spain, shall preside over the elec-
ciones necesarias para Llevar a cabo tions and take such resolutions as
el plebiscito. Tendrá el carácter de may be necessary to carry out the
presidente de la junta el tercero desig- plebiscite. The president of the As-
nado por el gobierno de España. sembly shall be the person appointed
by the Government of Spain.
1002
DOCUMENTS
Corresponderá á esta junta :
The duties of this Assembly are:
1º. formar y publicar el registro 1st. To draw up and publish a
general de todos los que tengan de- general register of all persons who
recho á votar;
are entitled to vote;
20. decidir todas las dificultades, 2nd. To decide all difficulties,
dudas y cuestiones que se promuevan
que se promuevan doubts and questions which may arise
con motivo de las inscripciones, vota- connected with the registration, bal-
ciones y demás actos del plebiscito; loting and other acts of the plebis-
cite;
3º. practicar el escrutinio general 3rd. To make a general count of
de los sufragios en vista del resultado the votes, in view of the partial re-
parcial obtenido en cada una de las sult obtained at each of the places.
mesas receptoras de votos;
designated for receiving votes;
4°. proclamar el resultado de la 4th. To proclaim the general re-
votacion general, comunicándolo in- sult of the vote, communicating this
mediatamente a los gobiernos de Es- result immediately to the Govern-
paña, del Perú y Chile;
ments of Spain, Chile and Peru;
5º. dictar todas aquellas providen- 5th. To give all necessary orders
cias é instrucciones necesarias para la and instructions for the proper car-
mejor realización de los actos plebis- rying out of the plebiscites, de-
citarios determinados en la presente termined upon by the present Con-
convención.
vention.
Todas las resoluciones de esta junta All the resolutions of this As-
se tomarán por mayoria de votos. sembly shall be determined by major-
En caso de dispersión, prevalecerá la ity vote. In case of differences, the
opinión del tercero designado por el casting vote of the member named by
gobierno de España.
Spain shall decide.
ARTÍCULO 3
ARTICLE 3
A más tardar, cuarenta días des- Not later than forty days after the
pués de expedido el fallo del árbitro, Arbitrator has pronounced a decision,
á que se refiere el artículo 1. pro- as determined by Article 1, the Gov-
cederán los gobiernos del Perú y de ernments of Chile and Peru shall
Chile á nombrar sus representantes. proceed to name their delegates.
La junta directiva se instalará en la The Directive Assembly shall be in-
ciudad de Tacna y comenzará á fun- stalled, in the city of Tacna, and
cionar dentro del plazo de díez dias, commence its duties, within the term
á contar desde que se encuentre en of ten days after the arrival at that
dicha ciudad el tercero que designe el city of the third delegate, named by
gobierno de España.
Spain.
THE TACNA-ARICA QUESTION, 1883-
1003
ARTÍCULO 4
ARTICLE 4
Habrá cuatro comisiones ó mesas There shall be four offices for reg-
de inscripción; una en Tacna, otra istration; one at Tacna, one at Tarata,
en Tarata, otra en Arica y otra en one at Arica and the other at Lluta.
Lluta.
Compondrán cada una de estas At each office there shall be a com-
comisiones:
mission composed of:
1°, un comisionado del gobierno 1st. A commissioner of the
del Perú;
Chilian Government;
2º. un comisionado del gobierno de 2nd. A commissioner of the
Chile;
Peruvian Government; and
3°. un comisionado nombrado por 3rd. A commissioner, named by
la junta directiva del plebiscito y que the Directive Assembly of the Pleb-
tendrá el carácter de presidente. iscite, who shall preside over the
commission.
Dichas comisiones se instalarán, á These commissions shall be in-
más tardar, ocho días después de la stalled, at the latest, eight days after
instalación en Tacna de la junta di- the installation at Tacna of the Di-
rectiva y funcionarán durante cua- rective Assembly, and shall carry out
renta días consecutivos, desde las diez their functions during forty consecu-
de la mañana hasta las cuatro de la tive days, from ten in the morning till
tarde. Diariamente, al suspenderse four in the afternoon. At the end
los trabajos, pondrán al pié de la úl- of each day's work minutes shall be
tima inscripción una nota firmada por drawn up, signed by all the members
todos sus miembros en que se exprese, stating the number, expressed in let-
en letras, el número de individuos in- ters, not figures, of persons registered
scritos en el día. Las hojas de regis- during the day. The leaves of the
tro en que se hubieren hecho las in- Register in which the inscriptions are
scriptoras serán tomados por mayoría made shall also be signed (“ rubri-
por todos los miembros de las comi- cadas") by all the members of the
siones.
commission.
Los acuerdos de las comisiones in- Resolutions of the Commissions of
scriptoras serán tomados por mayoría Registration shall be resolved by ma-
de votos y sus resoluciones serán apel- jority vote, and are subject to appeal,
bles para ante la junta directiva. to be made to the Directive As-
sembly.
Las comisiones inscribirán en los The Commissions of Registration
registros a todas las personas que lo shall enroll in the registers all per-
soliciten y que tengan derecho á vo- sons who ask to be inscribed, and
tar, conforme al fallo del árbitro de- who have a right to vote, according
1004
DOCUMENTS
signado en el artículo 1, y les otor- to the resolution of the Arbiter,
garán un certificado de inscripción, named in Art. 1: and there shall be
que los inscritos deberán exhibir en delivered to them a registration cer-
el acto de votar.
tificate, which must be produced at the
time of voting.
Siempre que la junta se negare á Whenever the Commission refuses
inscribir á un indivíduo, deberá anotar to register a person, there should be
en el acta de la sesión del día el nom- noted in the minutes of the day the
bre del excluído y la causa de la ex- name of the person and the cause of
clusión.
the exclusion.
El individuo a quien se hubiere ne- The person excluded has a right
gado la inscripción, tendrá derecho a to receive a copy of that part of the
que se le dé copia de esa parte del acta, minutes referring to his exclusion,
autorizada por los miembros de la signed by the members of the Com-
comisión inscriptora.
mission of Registration.
A más tardar, cuarenta y ocho Forty-eight hours after terminat-
horas después de terminadas sus fun- ing their functions, at the latest, the
ciones, las comisiones inscriptoras en- Commissions of Registration shall
tregarán los registros y demás docu- deliver the registers and other orig-
mentos originales á la junta directiva. inal documents to the Directive As-
sembly.
ARTÍCULO 5
ARTICLE 5
La junta directiva determinará, en The Directive Commission shall
vista del fallo arbitral, los medios por determine, in conformity with the ar-
los cuales pueda comprobarse la po- bitral resolution, the means by which
sesión de los requisitos que, conforme the possession by voters of the quali
á dicho fallo, deberán reunir los vo- fications required may be proved.
tantes.
ARTÍCULO 6
ARTICLE 6
La junta directiva hará publicar los The Directive Commission shall
registros dentro de los diez días publish the registers, within ten days
siguientes á su recepción, por orden after their receipt; the names to be
alfabético de apellido de los inscritos. arranged alphabetically.
arranged alphabetically. This pub-
Esta publicación se hará en los pe- lication shall be made in the news-
riódicos de Tacna y Arica y en hojas papers of Tacna and Arica, and in a
sueltas que se fijarán en los lugares separate form, to be posted in public
más públicos de Lluta y Tarata. places at Lluta and Tarata.
Dentro de los quince días siguientes During the fifteen days following
á dicha publicación, podrán presen- the said publication, the persons who
THE TACNA-ARICA QUESTION, 1883—
1005
tarse á la junta directiva los individu- have not been allowed to register
ous a quienes se haya negado la in- themselves, and any person who
scripción y las reclamaciones que cual- wishes to prove undue inclusion of
quiera persona podrá entablar contra persons in the register, may present
las inclusiones indebidas. Terminado themselves before the Directive Com-
aquel plazo, no se admitirá ninguna mission. After this date no such de-
reclamación y el registro quedará de- mands shall be admitted, and the
finitivamente formado con las modifi- Register shall be finally formed, with
caciones que la junta haya dispuesto, the modifications that the Directive
todo lo cual se publicará inmediata- Assembly may have made, all of
mente en la forma prescrita, en el in- which shall be immediately published
ciso 1º. del presente articulo.
in the form indicted in the first clause
of this present article.
ARTÍCULO 7
ARTICLE 7
Diez dias después de cerrado el Ten days after the closing of the
registro definitivo, comenzarán á fun-
final Register, the functions of the
cionar las comisiones encargadas de commissions charged with the recep-
la recepción y escrutinio de los sufra- tion and the counting of the votes
gios.
shall commence.
Estas comisiones serán compuestas
These commissions shall be com-
de las mismas personas que hayan posed of the same persons who have
formado las de inscripción; funciona- formed the Commissions of Regis-
rán durante diez días consecutivos tration, and shall carry out its func-
desde las nueve de la mañana hasta tions during ten consecutive days,
las cuatro de la tarde, en los mismos from nine in the morning until four
lugares que aquellas, á saber: Tacna, in the afternoon, in the same places
Arica, Tarata y Lluta; y adoptarán aforementioned, namely: Tacna,
sus resoluciones por mayoría de votos, Arica, Tarata and Lluta; and shall
las cuales serán apelables para ante form its resolutions by majority vote,
la junta directiva.
any appelation to be made before the
Directive Commission.
Todo sufragante, al tiempo de vo- Each voter, at the time of voting,
tar, presentará el mismo certificado shall present the certificate which he
que hubiere recibido al inscribirse, el received upon registration, which
cual quedará en poder de la comision shall remain in the possession of the
receptora, con una anotación de ha- Commission, with a note, stating that
llarse inutilizado, bajo la firma de it is cancelled, signed by all the mem-
todos sus miembros. En cambio, se bers of the Commission.
otorgará al sufragante una constancia In exchange for this the voter shall
escrita de que ha votado. Diaria- receive a written certificate to the ef-
1006
DOCUMENTS
mente se asentará el resultado de la fect that he has voted. Each day
votación en un acta que, por tripli- the result of the balloting shall be
cado, será levantada y firmada por drawn up in an act in triplicate, each
todos los miembros de la comisión, copy to be signed by all the members
conservando cada uno de ellos un of the Commission, and one copy
ejemplar.
shall be kept by each member.
ARTÍCULO 8
ARTICLE 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.
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.
ARTÍCULO 9
ARTICLE 9
Seis días después de terminada la Six days after the termination of
votación, procederá la junta direc- the balloting the Directive Assembly
tiva á practicar el escrutinio general shall proceed to make the general
en vista de las actas parciales, en count from the partial acts, in public
sesión pública y en un solo acto hasta session, and in one sole act, until the
proclamar el resultado.
proclamation of the result.
ARTÍCULO 10
ARTICLE 10
La junta directiva gozará de com- The Directive Assembly shall en-
pleta independencia en el ejercicio de joy complete independence in the ex-
sus funciones y podrá, para garantir ercise of its duties, and shall have the
el orden y la libertad en todos los right to demand from the authorities
actos del plebiscito, requerir de las the assistance of the public forces,
autoridades el auxilio de la fuerza
for the purpose of keeping order, and
pública.
of permitting complete liberty in car-
rying out the plebiscite.
ARTÍCULO 11
ARTICLE 11
Ni la junta directiva ni las comi- Neither the Directive Assembly,
siones inscriptoras y receptoras po- nor the Commissions for the regis-
drán funcionar sino con la totalidad tering or reception of votes, may
de los miembros que las componen. carry on its duties in the absence of
Si faltare ó se inhabilitare alguno de any of the members composing it.
los miembros de las comisiones in- If any member of the commissions
scriptoras ó receptoras en los días en for registering or receiving the bal-
THE TACNA-ARICA QUESTION, 1883-
1007
que debería ejercer sus funciones, lots, should be unable to be present
será reemplazado durante su impedi- on the days during which it should
mento por la persona que designe el carry on its functions, he shall be re-
representante correspondiente á la na- placed by a person named by the rep-
ción ó gobierno que hubiese nombrado resentative of the Government which
al impedido, con excepción del comi- had named the absent member, with
sario presidente cuyo reemplazo cor- the exception of the president of a
responde hacer á la junta directiva. commission, whose substitute shall
be appointed by the Directive Com-
mission.
ARTÍCULO 12
ARTICLE 12
Si el resultado del plebiscito fuere If the result of the plebiscite be
favorable al Perú, los representantes favourable to Peru, the representa-
del gobierno de Chile entregarán á la tives of the Government of Chile
autoridad peruana los territorios de shall deliver over to the Peruvian
Tacna y Arica en el plazo máximo de authority the territories of Tacna
quince días.
and Arica within the maximum term
of fifteen days.
ARTICLE 13
ARTÍCULO 13
La aduana de Arica subvendrá á
los gastos que ocasionen los actos del
plebiscito en los territorios de Tacna
y Arica.
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.
ARTÍCULO 14
ARTICLE 14
El hecho de funcionar en Tarata The fact of the appointment of a
las comisiones inscriptora y receptora commission to make registrations and
de que tratan los artículos anteriores, to receive votes at Tarata, accorded
no implica un desistimiento del Perú
in the preceding articles does not im-
de la reclamación pendiente con re- ply a renunciation on the part of
specto á una parte de esa región; sin Peru, as regards the pending reclaim
que esto signifique el propósito de of Peru concerning that part of the
pretender indemnización alguna por territories, nor does this imply the
el tiempo que Chile la ha ocupado. purpose of pretending to claim any
indemnification for the period during
which Chile has occupied it.
1008
DOCUMENTS
ARTÍCULO 15
ARTICLE 15
La indemnizción de diez millones The indemnity of ten million dol-
de pesos prescrita por el articulo 3º. lars, imposed by Article 3 of the
del tratado de 20 de octubre de 1883, Treaty of October 20th, 1883, shall
será pagada por el país que resulte be paid by the country which becomes
dueño de las provincias de Tacna y the possessor of the provinces of
Arica, en esta forma: un millón den- Tacna and Arica in the following
tro del término de diez días á con- manner: One million within the
· tar desde que se proclame el resultado terms of ten days, dating from the
general del plebiscito; otro millón proclamation of the general results
un año después; y dos millones al fin of the plebiscite; another million one
de cada uno de los cuatro años si- year afterwards, and two millions at
guientes.
the end of each of the four following
Las referidas cantidades se paga- years.
rán en soles de plata peruanos ó en These sums shall be paid in Peruv-
moneda de plata chilena, de la que ian silver soles, or in Chilian silver
circulaba á la época en que se sus- money, such as that in circulation at
cribió el tratado de 20 de octubre de the time of the signature of the
1883.
Treaty of October 20th, 1883.
ARTÍCULO 16
ARTICLE 16
Quedan afectos al pago de la in-
demnización de que trata el artículo
anterior los productos totales de la
aduana de Arica.
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.
ARTÍCULO 17
ARTICLE 17
Dentro del término de sesenta dias Within the term of sixty days
contados desde que queden canjeadas from the date of the ratification of
las ratificaciones de la presente con- this present Convention, the diplo-
vención, los representantes diplomáti- matic representatives of the Republic
cos de la república del Perú y de la of Chile and of the Republic of Peru
república de Chile cerca del gobierno accredited to the Court of Spain,
de España, solicitarán conjuntamente shall jointly solicit from that Gov-
de éste la aceptación del cargo á que ernment the acceptance of the office
se refiere el artículo 1, y el nombra- of Arbitration referred to in Art. 1,
miento del tercero que prescribe el and the appointment of the dele-
artículo II.
gate referred to in Article 2.
THE TACNA-ARICA QUESTION, 1883—
1009
ARTÍCULO 18
ARTICLE 18
Dentro del plazo de cuarenta dias, Within the term of forty days,
contados desde que el árbitro acepte counting from the date on which the
el cargo, cada una de las altas partes Arbitrator accepts the office, each of
contratantes fundará su derecho en the High Contracting Parties shall
una exposición escrita que presentará state its rights in a written document
por medio de su plenipotenciario para which shall be presented by its Am-
que, con ella y en vista de las disposi- bassador, in order that a sentence
ciones del tratado de 20 de octubre de may be pronounced in accordance
1883 y de la presente convención, ex- with the provisions of the Treaty of
pida aquél su fallo.
October 20th, 1883, and those of the
present Convention.
La presente convención será ratifi- The present Convention shall be
cada por los respectivos congresos y ratified by the respective Congresses
las ratificaciones canjeadas en San- and the ratifications exchanged in
tiago de Chile dentro del más breve Santiago, Chile, in the shortest possi-
plazo posible.
ble time.
En fe de lo cual, los antedichos In token of which the aforesaid
plenipotenciarios firmaron por dupli- Plenipotentiaries have signed the
cado la presente convención, sellan- present Convention in duplicate, seal-
dola con sus sellos respectivos.
ing it with their respective seals.
(L. S.) GUILLERMO E. BILLING- (L. S.) GUILLERMO E. BILLING-
HURST,
HURST,
(L. S.) J. J. LATORRE.
(L. S.) J. J. LATORRE.
Treaty of Peace, Friendship, and Commerce Between Bolivia and Chile.
Signed at Santiago, October 20, 1904 1
En ejecución del propósite consig- In order to carry into effect the
nado en el artículo 8°. del Pacto de
purpose indicated in Article VIII of
Tregua de 4 de Abril de 1884, la Re- the Truce Convention of the 4th
pública de Chile i la República de Bo- April, 1884, the Republic of Bo-
livia han acordado celebrar un Tra- livia and the Republic of Chile have
tado de Paz i Amistad, i al efecto han agreed to conclude a Treaty of Peace
nombrado i constituido por sus Pleni- and Friendship, and have for that
potenciarios, a saber:
purpose named and constituted
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
DOCUMENTS
re-
[Here follow the names of pleni-
potentiaries. ]
Quienes despues de haber canjeado Who, after having exchanged their
sus Plenos Poderes i habiéndolos hal-
full powers, and having found them
lado en buena i debida forma, han con- in good and due form, have agreed
venido en lo siguiente:
upon the following:
Art. 1. Restablécense las
Art. 1. The relations of peace and
laciones de Pai i Amistad entre la Re- friendship are restored between the
pública de Chile i la República de Republic of Bolivia and the Repub-
Bolivia, terminando, en consecuencia, lic of Chile, and in consequence the
el rejimen establecido por el Pacto de régime established by the Truce Con-
Tregua.
vention has ceased to exist.
Art. 2. Por el presente Tra- ART. 2. By the present Treaty is
tado quedan reconocidos del dominio recognized the absolute and perpetual
absoluto i perpetuo de Chile los terri- sovereignty of Chile over the terri-
torios ocupados por éste en virtud del tories occupied by her in virtue of
articulo 2°. del Pacto de Tregua de 4 Article II of the Truce Convention
de Abril de 1884.
of the 4th April, 1884.
El límite de Sur a Norte entre Chile The boundary from south to north
i Bolivia será el que se espresa a con- between Bolivia and Chile shall be as
tinuacion.
follows:
De la cumbre mas alta del cerro From the highest crest of the Za-
Zapaleri (1), en linea recta a la cum- paleri Hill (1) in a straight line to
bre mas alta (2) del cordon despren- the highest crest (2) of the detached
dido hacia el Sur del cerro Guayaques, ridge towards the south of the Guay-
en la latitud aproximada de veintidos aques Hill, in the latitude of 22° 54'
grados cincuenta i cuatro minutos approximately, and from here in an-
(22° 54'); de aqui otra recta al porte- other straight line to the Cajon Pass
zuelo del Cajon (3), i en seguida la (3), and thence along the watershed
divisoria de aguas del cordon que of the ridge which extends towards
corre hacia el Norte por las cumbres the north along the crests of the Jur-
del cerro Juriques
iques Hill.
1
o
De la cumbre de Panantalla irá en From the crest of Panantalla it will
línea recta a Tolapacheta (55), a continue in a straight line to Tola-
media distancia entre Chapi i Rinco- pacheta (55), half-way between
nada, i de este punto en línea recta al Chapi and Rinconada, and from this
Jamachuma (67), Quimsachata (68) point in a straight line to Jamachuma
1 The line here traced is that between Bolivia and Chile proper.
THE TACNA-ARICA QUESTION, 1883—
1011
i Chinchillani (69), i cortando el rio (67), Quimsachata (68), and Chin-
),
Todos Santos (70) irá a los mojones chillani (69), and crossing the River
de Payacollo (71) i Carahuano (72), Todos Santos (70) it will go to the
al cerro de Canasa (73) i el cerro boundary-marks of Payacollo (71),
Capitan (74).1
and Carahuano (72) to the Canasa
Hill (73) and the Capitan Hill (74).
seguirá hacia el noroeste por el cordon . it will continue in a north-
que se dirije al mojon del cerro Chipe westerly direction along the ridge
o Tolacollo (96), último punto de la which leads to the boundary-mark of
frontera.
the Chipe or Tolacollo Hill (96), the
last point of the frontier.
ART. 3. Con el fin de estre- ART. 3. With the object of
char las relaciones politicas i comer- strengthening the political and com-
ciales de ámbas Repúblicas, las Altas mercial relations of both republics, the
Partes Contratantes convienen en unir High Contracting Parties engage to
el puerto de Arica con el Alto de La unite the point of Arica with the Alto
Paz por un ferrocarril cuya construc- de la Paz by a railway the construc-
cion contratará a su costa el Gobierno tion of which will be contracted by the
de Chile dentro del plazo de un año Government of Chile within the term
contados desde la ratificacion del pre- of one year to be reckoned from the
sente Tratado.
ratification of the present Treaty.
ART. 12. Todas las cuestiones ART. 12. Any difficulties that may
que llegaren a suscitarse con motivo arise with regard to the interpreta-
de la intelijencia o ejecucion del tion or execution of the present
presente Tratado, serán sometidas Treaty shall be submitted to the arbi-
al arbitraje de Su Majestad el Empe- tration of His Majesty the German
rador de Alemania.
Emperor.
Las ratificaciones de este Tratado The ratifications of this Treaty
serán canjeadas dentro del plazo de shall be exchanged within the term
seis meses i el canje tendrá lugar en of six months, and the exchange shall
la ciudad de La Paz.
take place in the city of La Paz.
En fé de lo cual, el señor Ministro In witness whereof the Envoy Ex-
de Relaciones Esteriores de Chile i el traordinary and Minister Plenipoten-
señor Enviado Estraordinario i Minis- tiary of Bolivia and the Minister for
tro Plenipotenciario de Bolivia firma- Foreign Affairs of Chile signed and
ron i sellaron con sus respectivos sealed in duplicate with their respec-
sellos, i por duplicado, el presente tive seals the present Treaty of Peace
1 Here the line runs between Bolivia and Tacna-Arica.
1012
DOCUMENTS
Tratado de Paz i Amistad, en la ciu- and Friendship, in the city of San-
dad de Santiago, a los veinte dias del tiago, on the 20th October, 1904.
mes de Octubre del año mil novecien-
tos cuatro.
EMILIO BELLO C.
(L. S.) EMILIO BELLO C.
A. GUTIÉRREZ,
(L. S.) A. GUTIÉRREZ,
Extracts from the Notes Exchanged Between the Chancelleries of Peru and
of Chile, 1905–1908 1
MINISTERIO DE
RELACIONES EXTERIORES.
MINISTRY OF FOREIGN
RELATIONS.
Lima, 18 de febrero de 1905.
Lima, February 18, 1905.
SENOR MINISTRO:
MR. MINISTER:
En la cláusula segunda del Tratado In the second clause of the treaty
de Paz y Amistad que acaba de cele- of peace and friendship which has
brarse entre las Repúblicas de Chile y just been entered into by the Republics
Bolivia se establece una demarcación of Chile and Bolivia a complete de-
completa de fronteras, en la que está limitation of boundaries is estab-
comprendida, en la linea sur á norte, lished, including, in the line from
la de los territorios de las provincias north to south, that of the territory
de Arica y Tacna, y parte también de of the Provinces of Tacna and Arica,
la de Tarata.
and also part of that of Tarata.
En la cláusula tercera se conviene, In the third cląuse it is moreover
asimismo, en unir el puerto de Arica agreed to connect the port of Arica
con el Alto de la Paz por un ferro- with Alto de la Paz by a railroad to
carril cuya construcción contratará á be constructed at the expense of Chile
su costa el Gobierno de Chile, dentro within the period of one year from
del plazo de un año, contado desde la the ratification of the treaty. ...
ratificación del Tratado..
La demarcación de fronteras, obras The demarcation of frontiers, con-
y explotación de ferrocarriles, condi- struction and exploitation of rail-
ciones de libre tráfico mercantil, ob- roads, conditions of free mercantile
ligaciones y concesiones que puedan traffic, obligations and concessions
afectar los territorios y sus derechos which might affect the territories and
señoriales, son actos de dominio en their seigniorial rights, are acts of do-
1 Ministerio de Relaciones Exteriores de Chile, Comunicaciones cambiadas entre las Can-
cillerlas de Chile y el Perú y algunos antecedenies sobre la cuestión de Tacna y Arica (1905–
1910), p. 5.
f
THE TACNA-ARICA QUESTION, 1883—
1013
ejercicio de la plena y absoluta dispo- minion in the exercise of full and ab-
sición de la propiedad y soberanía, que solute disposition of property and
sólo corresponden por indiscutible sovereignty which belong by indis-
derecho internacional y civil al señor y putable international and civil law
dueño, y nó al poseedor y mero ocu- to the lord and master, and not to the
pante, que es la condición de Chile en
possessor, or mere occupant, which
los territorios de Tacna y Arica. is the status of Chile in the territories
of Tacna and Arica.
Para ello, era preciso que tales a- To make these acts binding, it was
rreglos se hubieran hecho de acuerdo necessary that such
necessary that such arrangements
con el Perú, ó que estuviese resuelto should have been made in agreement
en favor de Chile el plebiscito á que with Peru, or that the plebiscite to
los sometió el Tratado de Ancón. which the treaty of Ancon submitted
them should have resulted in favor
of Chile.
Ni una ni otra cosa se ha efectuado, Neither the one nor the other thing
de modo que mi Gobierno se ve obli- has occurred, so that my Govern-
gado á declarar que el Perú no acepta ment finds itself obliged to declare
ni reconoce estos compromisos en que that Peru does not accept or recog-
él no ha intervenido; que no le son, nize these arrangements in which she
por tanto, obligatorios, en ninguna has had no part; that they are not,
forma ni tiempo, y que tampoco pue- for that reason, binding in any sense,
den ellos modificar la condición legal and that they can not modify the
de los territorios de Tacna y Arica, legal status of the territory of Tacna
respecto de los cuales el Perú continúa and Arica, over which Peru contin-
siendo dueño del dominio, y Chile ues to hold dominion, Chile being
mero ocupante y tenedor, cuyo titulo merely an occupant and holder,
legal terminó hace diez años, en que whose legal title terminated 10 years
debió haberse efectuado el plebiscito
ago when the plebiscite to which the
á que se refiere el Tratado de Ancón.
treaty of Ancon refers should have
been effected.
Dígnese, señor Ministro, recibir las
With assurances, Mr. Minister, of
seguridades de mi más alta y distin-
my highest and most distinguished
guida consideración.
consideration.
J. PRADO Y UGARTECHE.
J. PRADO Y UGARTECHE.
Al Excmo, señor Ministro de Rela-
To his Excellency the Minister of
ciones Exteriores de la República de Foreign Relations of the Republic of
Chile.
Chile.
1014
DOCUMENTS
MINISTERIO DE
MINISTRY OF FOREIGN
RELACIONES EXTERIORES
RELATIONS
Santiago, 15 de marzo de 1905.
Santiago, March 15, 1905.
SENOR MINISTRO:
MR. MINISTER:
Se ha recibido en este Ministerio la There has been received in this
communicación de V. E., fechada el ministry the communication of your
18 de febrero próximo pasado, en la excellency dated February 18 last,
que V. E. manifiesta que hace "ex- which your excellency states has
presa protesta y reserva de los dere- for its object the making of a
chos del Perú " por las estipulaciones “formal protest and reservation of
contenidas en las cláusulas segunda y the rights of Peru” under the stip-
tercera del Tratado de Paz y Amistad ulations contained in the second and
de 20 de octubre de 1904, la primera third clauses of the treaty of peace
de las cuales se refiere a la demarca- and friendship of October 20, 1904,
ción de fronteras entre Chile y Bo- the first of which refers to the demar-
livia, y la segunda a la construcción de cation of frontiers between Chile and
un ferrocarril que unirá el puerto de
je unirá el puerto de Bolivia, and the second to the con-
Arica con el Alto de la Paz.
struction of a railroad which will
unite the port of Arica with Alto
de la Paz.
Sostiene V. E. que el Pacto de An- Your excellency contends that the
con reservó al Perú el dominio de pact of Ancon reserves to Peru do-
Tacna y Arica, y á Chile sólo confirió minion over Tacna and Arica and
una mera ocupación precaria, y refi- confers upon Chile only a mere pre-
riéndose, en seguida, á las reglas del carious occupation, and, going on to
derecho internacional y civil, agrega refer to the rules of international
que Chile no puede ejecutar en dichos and civil law, adds that Chile could
territorios ningún acto de dominio ó not execute in said territories any act
soberanía sin la aquiescencia del Perú. of dominion or sovereignty without
No es difícil demostrar que esta in- the acquiescence of Peru. It is not
terpretación no se aviene ni con la difficult to demonstrate that this in-
letra ni con el espíritu del mencionado terpretation does not conform either
with the letter or with the spirit of the
pact mentioned
En efecto, no ignora V. E. que una In fact, your excellency is not un-
porción de territorio pertenece al Es- aware that a portion of territory be-
tado que, con título suficiente, tiene longs to the State which, with suffi-
facultad para ocuparlo y someterlo á cient title, has the ability to occupy
sus autoridades y leyes, y como el it and subdue it to its authority and
pacto.
THE TACNA-ARICA QUESTION, 1883—
1015
artículo tercero de dicho tratado esta legislation, and as the third article of
blece que el territorio de las provincias said treaty establishes that the terri-
de Tacna y Arica “continuará poseído tory of the Provinces of Tacna and
por Chile y sujeto á la legislación y Arica "will continue possessed by
autoridades chilenas," es evidente que Chile and subject to Chilean legisla-
el Perú cedió á Chile la plena y abso- tion and authority” it is evident that
luta soberanía sobre esas provincias, Peru ceded to Chile complete and ab-
sin limitación alguna en cuanto a su solute sovereignty over these prov-
ejercicio y sólo limitada en cuanto a su inces, without any limitation as to its
duración por el evento de que un ple exercise, and limited only in its dur-
biscito, que debe convocarse después ation by the holding of a plebiscite,
de transcurridos diez años, á contar which should be called after ten
desde la ratificación de aquel Tratado, years had passed, dating from the
así lo declare.
ratification of that treaty, as it states.
El plazo de diez años que establece The period of 10 years which the
el Tratado de Ancón no tuvo otro ob- treaty of Ancon establishes had no
jeto que asegurar á Chile un mínimum other object than to insure to Chile
de tiempo en el ejercicio de la sobe- a minimum of time in the exercise of
ranía; pero, en manera alguna, sig- sovereignty; but it in no manner sig-
nifica que dentro de él haya debido nifies that within that period there
hacerse necesariamente la consulta ought necessarily to have been a con-
popular. Este punto ha sido conside- sultation of the popular will. This
rado en comunicaciones anteriores point has been considered in previous
que obran en poder de la Cancillería communications which are in the pos-
peruana. En esas comunicaciones se session of the Peruvian chancellery.
ha comprobado igualmente que no es In those communications it has been
imputable á Chile el retardo en la con- shown likewise that the delay in call-
vocación del plebiscito.
ing the plebiscite is not attributable
to Chile.
Expirado este plazo, agrega el ar- " At the expiration of that term,
tículo 3º., un plebiscito decidirá en adds article 3, “a plebiscite shall, by
votación popular, si el territorio de las means of a popular vote, decide
provincias referidas queda definitiva- whether the territory of the Prov-
mente del dominio y soberanía de inces referred to is to remain indefi-
Chile, ó si continúa siendo parte del nitely under the dominion and sover-
territorio peruano.
eignty of Chile, or to continue to
form a part of the Peruvian terri-
tory.
Para que ese territorio pueda quedar In order that this territory may re-
definitivamente bajo el dominio y so- main definitely under the dominion
beranía de Chile, es menester que este and sovereignty of Chile, it is neces-
1016
DOCUMENTS
país haya ejercido y ejerza temporal- sary that this country should have
mente dichos derechos. La palabra temporarily exercised and enforced
continúa que V. E. subraya en su said rights. The word continue,
comunicación, no se refiere a la situa- which your excellency underscores in
ción anterior al Tratado sino a la que your communication, does not refer
pueda sobrevenir después de convo- to the situation prior to the treaty but
cado el plebiscito, ya que, de otro to that which might come to pass
modo, existiria una contradicción en after calling the plebiscite. Other-
los términos del artículo tercero, en wise there would exist a contradic-
la cual no han podido incurrir los que tion in the terms of the third article
lo redactaron.
into which those who edited it could
not have fallen.
Los derechos de Chile y del Perú The riglıts of Chile and Peru with
con respecto a las provincias de Tacna
respect to the Provinces of Tacna
y Arica, tales como se encuentran and Arica, such as are defined in the
definidos en el Tratado de Ancón, son, treaty of Ancon, are, then, quite dif-
pues, bien diferentes: el de Chile es ferent; those of Chile are actual and
actual y pleno, pero no definitivo; el plenary, but not definite; those of
del Perú es meramente eventual.
Peru are merely fortuitous.
El alcance que mi Gobierno da al The weight which my Government
artículo 3º. del Tratado de Ancón gives to Article 3 of the treaty of An-
cuenta en su apoyo no sólo los tér- con takes into account not only its
minoś esplícitos de éste, sino también explicit terms but also the recent dec-
las declaraciones recientes que ha larations which the Government of
hecho el Gobierno de V. E. á un Es-
your excellency has made to a
tado amigo.
friendly State.
El artículo segundo del Tratado de The second article of the treaty of
delimitación de fronteras celebrado delimitation of boundaries celebrated
entre el Perú y Bolivia el 23 de sep- between Peru and Bolivia the 230
tiembre de 1902 y ratificado el 30 de of September, 1902, and ratified the
enero de 1904, que tan oportunamente 30th of September, 1904, which your
transcribe V. E. en la nota que con- excellency
opportunely tran-
testo, dice así:
scribes in the note I am replying to,
speaks thus :
“ Las Altas Partes Contratantes
The high contracting parties
convienen en proceder, conforme a las
agree equally in proceeding accord-
estipulaciones del presente Tratado, ing to the stipulations of the present
á la demarcación de la línea que separa treaty to the demarcation of the line
las provincias de Tacna y Arica de la which separates the Provinces of
Boliviana de Carangas, inmediata- Tacna and Arica from the Bolivian
SO
THE TACNA-ARICA QUESTION, 1883—
1017
mente después que esas vuelvan á estar line of Carangas, immediately after
bajo la soberanía del Perú."
these are again under the sovereignty
of Peru."
El Gobierno de V. E. reconoce, por Your excellency's Government rec-
lo tanto, expresamente, en este Tra- ognizes, for the same reason, ex-
tado, que las provincias de Tacna y pressly, in this treaty that the Prov-
Arica no están actualmente bajo la inces of Tacna and Arica are not ac-
soberanía del Perú, lo que importa re- tually under the sovereignty of Peru,
conocer, en forma implícita, que ésta and, what it is important to recognize
es ejercida por Chile. Y, si se con- in implicit form, that this sovereignty
sidera el conjunto de derechos que la is exercised by Chile. If therefore
soberanía territorial lleva consigo, the united rights which territorial sov-
comprenderá V. E. que la protesta que ereignty carries with it are consid-
formula no se encuentra de acuerdo ered, your excellency will understand
con un reconocimiento tan categórico that the protest which
that the protest which you formulate
como espontáneo.
is not in accord with a recognition
as categorical as it is spontaneous.
Es verdad que V. E. sostiene en It is true that your excellency con-
varias partes de su comunicación que tends in various parts of your com-
el Perú ha conservado el dominio de munication that Peru has conserved
aquellos territorios, que “ continúa the dominion of those territories, and
siendo dueño del dominio" en ellos. that it "continues to hold dominion
Pero V. E. no ignora, sin duda, que over them.” But your excellency is
la doctrina tradicional del dominio ó doubtless not unaware that the tradi-
propiedad que ejerce un Estado sobre tional doctrine of dominion or pro-
el territorio sometido á su jurisdic- priety which a State exercises over
ción, tiende á desaparecer en absoluto the territory subject to its jurisdic-
del derecho internacional moderno, y tion tends to disappear absolutely
que sólo se aplica, sin contradicción, from modern international law, and
en el Derecho Civil, que no rige las that it applies only in civil law, which
relaciones entre los Estados. Por
does not govern relations between
otra parte, aún dentro de aquella doc- States. On the other hand, even
trina, es bien sabido "
que á la sobe-
within that doctrine, it is well known
ranía territorial pertenece exclusiva- that to territorial sovereignty be-
mente el dominio en toda la extensión longs exclusively dominion over the
de sus poses y que sólo, desde este whole extension of its possessions
punto de vista y no considerando sino and that only from this point of view
la situación internacional del Estado, and considering alone the interna-
puede decirse que él es propietario de tional situation of the State can it be
su teriitorio."
said that it is the proprietor of its ter-
ritory."
1018
DOCUMENTS
La convención celebrada entre Perú The convention celebrated between
y Bolivia demuestra, además, que esta Peru and Bolivia shows, besides, that
última República ha tomado en cuenta the latter Republic has taken into ac-
la situación internacional de Tacna y count the international situation of
Arica al celebrar dos tratados rela- Tacna and Arica in celebrating two
tivos á la delimitación de su frontera : treaties relative to the delimitation
uno con Chile, el país que actualmente of their boundary; one with Chile,
ejerce soberanía y dominio en esos the country which actually exercises
territorios, y el otro con el Perú, que sovereignty and dominion in those
tiene tan sólo una mera expectativa de territories, and the other with Peru,
ejercerlos. En el tratado celebrado which has only a mere prospect of
con Chile, se estipula el límite que los exercising them. In the treaty cel-
dos países fijan entre sí en las provin- ebrated with Chile the boundary
cias de Tacna y Arica; en el celebrado which the two countries shall fix be-
con el Perú, se declara que ambos tween themselves in the Provinces of
países fijarán de común acuerdo ese Tacna and Arica is stipulated; in that
límite, en el caso de que dichas pro- celebrated with Peru, it is declared
vincias vuelvan á la soberanía del that both countries shall fix, by com-
Perú. Las expectativas del Perú es- mon agreement, that boundary in
tán, pues, cuidadosamente contem- case said Provinces return to the sov-
pladas en dichos tratados.
ereignty of Peru. The prospects of
Peru, are, then, carefully contem-
plated in said treaties.
También ha estimado V. E. opor- Your excellency has also esteemed
tuno llamar la atención de este Go- it opportune to call the attention of
bierno al hecho de que “no hay pre-
this Government to the fact “ that
cedente en la historia de las rela- history of political relations between
ciones políticas entre las naciones, de nations furnishes no precedent for
un territorio sometido á plebiscito por a territory submitted by a public
tratado público y obligatorio entre dos and binding treaty between two coun-
países, que permanezcan, sin embargo, tries to a plebiscite which remained,
de hecho, en poder de uno de ellos, nevertheless, in the power of one of
después de vencido el término que se them after the expiration of the time
fijó para que se expresara la voluntad fixed for the expression of the pop-
popular que debe decidir de su suerte ular will which should definitely de-
definitiva." ”
cide its fate."
Es casi excusado que manifieste á It is scarcely permissible that I
V. E., que los precedentes que invoca should set forth to your excellency
en el párrafo transcripto, no pueden that the precedents which you invoke
existir, porque todos los plebiscitos in this paragraph do not exist, be-
internacionales habidos en los dos úl-
cause all the international plebiscites
THE TACNA-ARICA QUESTION, 1883—
1019
timos siglos no han sido sino un medio held within the last two centuries
ideado, ó para sancionar una anexión have been but hypothetical measures
ya hecha, como los que se verificaron or for the purpose of sanctioning an
en la época de la revolución francesa, ó annexation already made, as those
para atenuar una anexión ó una cesión
called during the French Revolution,
acordada de antemano, como los que or to attenuate an annexation or ces-
han tenido lugar en el siglo XIX. El sion already made, as those which
resultado, como consecuencia natural, have taken place in the nineteenth
ha sido siempre favorable al país century. The result, as a natural
anexante, que no vió jamás en ellos
consequence, has always been favor-
una discusión de sus derechos sino tan able to the annexing country, which
sólo una mera formalidad.
never yet saw in these plebiscites any
discussion of its rights but only a
mere formality.
No está fuera de lugar recordar á It is not out of place to remind
V. E. que el Tratado de Praga, de 23 your Excellency that the treaty of
de agosto de 1866, celebrado entre la Prague, celebrated between Prussia
Prusia y el Austria, estipuló el plebis- and Austria on August 23, 1866, stip-
cito en favor de la población danesa ulated a plebiscite in favor of the
del Schlewig, ocupado por la Prusia; Danish population of Schleswig, oc-
pero esa estipulación quedó sin efecto cupied by Prussia ; but this stipulation
por convención posterior, porque el remained without effect according to
Gobierno austriaco, apreciando los subsequent arrangement, because the
acontecimientos, no como él y la pobla- Austrian Government, appreciating
ción danesa lo deseaban, sino en con- the situation, and not because they or
formidad a la realidad de las cosas, the Danish population wished it, but
reconoció la anexión de esa porción de in conformity with the reality of
territorio á la Prusia como un hecho things, recognized the annexation of
consumado.
that portion of territory to Prussia
as an act consummated.
La conclusión que claramente se The conclusion which may be
desprende de los precedentes diplo- clearly drawn from the diplomatic
máticos sobre plebiscitos, es que su precedents on plebiscites is that their
estipulación nunca ha tenido otro ob- stipulation has never had other object
jeto que el de llegar, en forma respe- than to bring about, in a form re-
tuosa del sentimiento nacional, á una spectful to national sentiment, a ces-
cesión ó anexión de territorio.
sion or annexation of territory.
No ignora, además, V. E. que la Moreover, your excellency is not
diplomacia moderna ha ideado otros unaware that modern diplomacy has
procedimientos para encubrir cesiones conceived other methods for covering
ó anexiones territoriales. Dentro de territorial annexations or cessions.
1020
DOCUMENTS
los límites que debe tener esta res- Within the limits of this communica-
puesta no será posible hacer un análi- tion an analysis of these procedures
sis de esos procedimientos, ni pasar en would not be possible, nor would it
revista los numerosos casos en que se be possible to review the numerous
han aplicado.
cases in which they have applied.
Con todo, no está demás recordar Nevertheless, it is not too much to
que limitados aparentemente algunos bring to mind that in some of these
de ellos á la simple ocupación y ad- cases, where the cession was appar-
ministración de un territorio, se ha ently limited to the simple occupation
considerado que importaban en el and administration of territory, it
hecho una cesión que ha autorizado al has been considered that there was
Estado ocupante para ejercer en aquél implied a cession which has author-
los derechos inherentes al dominio y ized the occupying State to exercise
soberanía.
the rights inherent in dominion and
sovereignty.
No pretendo, por cierto, equiparar I do not assume, certainly, to place
estos casos a la stiuación que existe en these cases on a parallel with the sit-
el territorio de Tacna y Arica, respecto uation which exists in the territory
del cual hay un Tratado que confiere of Tacna and Arica, respecting which
expresamente á Chile la soberanía there is a treaty conferring expressly
plena y absoluta en cuanto a su ejer- upon Chile complete and absolute
cicio y sólo limitada por el evento de sovereignty as regards their exercise,
una condición.
and limited only by an eventuality.
Estos hechos y antecedentes justi- These facts and precedents justify
fican la declaración que hago á V. E. the declaration which I made to your
de
que el Gobierno de Chile no acepta excellency that the Government of
que el del Perú le desconozca el indis- Chile refuses to admit that the Gov-
cutible derecho que tiene para ejecutar ernment of Peru is unaware of its in-
actos de dominio y soberanía en las disputable right to exercise dominion
provincias de Tacna y Arica y para and sovereignty in the Provinces of
considerarlas como parte integrante Tacna and Arica pending the decision
del territorio chileno, mientras un ple- of a plebiscite, not even yet called by
biscito, que aun no ha podido convo- reason of circumstances which the
carse por circunstancias que esta Can- chancellery has already had occasion
cillería ha tenido ya ocasión de ana- to analyze and reveal to the Govern-
lizar y exponer al Gobierno de V. E., ment of your excellency, as to
no decida si las expresadas provincias whether these Provinces shall be re-
se reincorporarán ó nó al territorio incorporated or not in the territory
del Perú. Chile puede ahora cumplir, of Peru. Chile can now fulfill, and
y cumplirá aún más que en el pasado, will fulfill even more than in the past,
con el deber de dar á esas provincias the duty of giving these Provinces
THE TACNA-ARICA QUESTION, 1883–
1021
la mayor suma de bienestar material
the largest measure of material and
y moral, y de implantar en ellas todas moral well-being, and of implanting
las medidas de orden y progreso que
in them all the means of order and
sean necesarias para afianzar la uni- progress which may be necessary to
dad de sentimientos é intereses que le guarantee the unity of sentiment and
permitan, dentro de las solemnes dis-
interest which permit her, under the
posiciones del Tratado de Ancón y sin solemn dispositions of the treaty of
vulnerar ni violentar las expectativas Ancon and without changing or vio-
del Perú, adquirir definitivamente el lating the prospects of Peru, to ac-
dominio y soberanía de Tacna y quire definitely the dominion and
Arica.
sovereignty over Tacna and Arica.
Dígnese, señor Ministro, recibir las With assurances, Mr. Minister, of
seguridades de mi más alta y distin- my highest and most distinguished
guida consideración.
consideration.
LUIS A. VERGARA.
LUIS A. VERGARA.
To His Excellency the Minister of
Foreign Relations of Peru.
MINISTERIO DE
MINISTRY OF FOREIGN
RELACIONES EXTERIORES
RELATIONS
Lima, 25 de abril de 1905.
Lima, April 25, 1905.
SENOR MINISTRO:
MR. MINISTER:
El señor Secretario de la Legación The secretary of the legation of
de Chile ha entregado á este Despacho Chile has delivered to this office the
la nota de V. E., de 15 de marzo úl- note of your excellency of March 15,
timo.
last.
V. E. reconoce
reconoce en ella
que
las Your excellency recognizes in it
estipulaciones del Tratado de Paz y that the stipulations of the treaty of
Amistad celebrado por Chile con Bo- peace and friendship celebrated be-
livia en 20 de octubre de 1904, que ha tween Chile and Bolivia October 20,
motivado la nota de protesta de mi 1904, giving rise to the note of pro-
Gobierno, de 18 de febrero próximo test of my Government of February
pasado, no pueden obligar ni afectar 18, last, do not bind or affect Peru
al Perú por los derechos que, con- in those rights which, according to
forme al Tratado de Ancón, mantiene the treaty of Ancon, she maintains
sobre las provincias de Tacna y Arica; over the Provinces of Tacna' and
pero, á la vez, ha creído conveniente Arica; but, at the same time, your ex-
V. E. aducir diversas consideraciones cellency has believed it fitting to ad-
encaminadas á probar que en dichas duce diverse considerations to prove
provincias ejerce Chile soberanía y that in said Provinces Chile exercises
1022
DOCUMENTS
dominio temporales; sosteniendo así temporary dominion and sovereignty,
teorías que están en desacuerdo con la sustaining thus theories which are
letra y el espíritu del Tratado de An- in disagreement with the letter and
cón, y con los principios fundamenta- the spirit of the treaty of Ancon, and
les del Derecho Internacional.
with the fundamental principles of
international law.
Por su propia naturaleza, la sobe- By its own nature, sovereignty,
ranía, que es la facultad suprema de which is the supreme faculty of peo-
los pueblos para constituirse, gober- ples to establish and govern them-
narse y proceder libre é independiente- selves and proceed free and independ-
mente, y el dominio, que es el derecho, ent; and dominion, which is the
asimismo, de libre y absoluta dispo- right likewise of free and absolute
sición de la propiedad, representando disposition of property, representing
ambos la plenitud de la nacionalidad, together the fullness of nationality,
del Gobierno político y de los derechos of political government, and of terri-
territoriales, son incompatibles con torial rights, are incompatible with a
una situación provisional, precaria, provisional status, precarious, for a
por tiempo fijo, á cuyo vencimiento, fixed time, at whose expiration, in ac-
conforme á un pacto internacional, cordance with an international pact,
debe decidirse de la soberanía y del sovereignty and dominion shall be de-
dominio que se pretenden.
termined.
Hay ejemplos de limitación en la There are examples of limitation
amplitud de los derechos de soberanía in the amplitude of the rights of sov-
y dominio, como en la antigua ficción ereignty and dominion, as in the an-
de los Estados semi-soberanos, y en cient fiction of semisovereign States,
la condición de los Estados y terri- and in the condition of protected and
torios protegidos y tributarios; pero tributary States; but absolute sover-
no pueden darse una soberanía y un eignty and dominion can not be given
dominio plenos y absolutos por tiempo for a limited time and in uncertain
limitado y en condición aleatoria, pues status, since the character of firni-
el carácter de firmeza y los efectos de ness and the effects of perpetuity con-
perpetuidad constituyen
constituyen atribụtos stitute essential attributes of those
esenciales de aquellos derechos, cuya rights, whose subsistence and exer-
subsistencia y ejercicios son inconcili- cise are irreconcilable with a State in
ables con un Estado en el que la na- which the nationality, to which cor-
cionalidad, á la que corresponde la responds sovereignty, and the per-
soberanía, y la personalidad del dueño, sonality of the owner, to which per-
al que pertenece el dominio, se en- tains dominion, are subject to the re-
cuentran sometidos al resultado de un sult of a projected plebiscite.
plebiscito por efectuarse.
THE TACNA-ARICA QUESTION, 1883—
1023
Tampoco es sostenible, ante el Neither can it be sustained, before
Derecho Público, que la soberanía y el public law, that sovereignty and do-
dominio puedan adquirirse, aparte de minion can be acquired, except in
los casos de fuerza, sin cesión del so-
cases where force is employed, with-
berano y dueño de los territorios. out cession from the sovereign and
owner of the territory.
.
V. E. insinúa la idea de que en el Your excellency insinuates that in
Tratado de Ancón no se fijó perento- the treaty of Ancon the date of the
riamente la fecha en que debía efec- plebiscite is not definitely fixed; but
tuarse el plebiscito; pero no cabe duda there is no doubt but that in the
sobre que en él se halla estipulado que treaty it is stipulated that the pleb-
el plebiscito debía realizarse al venci- iscite shall be held at the expiration
miento de los diez años de la ocupa- of 10 years from the occupation, or
ción, ó sea el 28 de marzo de 1884,
March 28, 1884, it not being material
sin que materialmente fuera preciso to indicate the date, since it is ex-
-indicar esta fecha, pues ella quedaba actly determined, commencing, says
justamente determinada señalándola 'the agreement, with the ratification
por años, que comenzaban á contarse,
of the treaty.
dice ese pacto, desde que el fuese rati-
ficado.
En las negociaciones de paz entre In the peace negotiations between
Chile y el Perú que precedieron al Chile and Peru. which preceded the
Tratado de Ancón, aquél exigió, ade- treaty of Ancon, Chile demanded,
más de la cesión de Tarapacá — cuya besides the cession of Tarapaca —
importancia y riqueza ha superado á whose importance and riches had sur-
todos sus cálculos — una indemniza- passed all calculations — an indem-
ción en dinero de veinte millones de nity in money of 20,000,000 pesos,
pesos, que no fué aceptada por el Perú. which was not accepted by Peru.
Los negociadores chilenos propu- The Chilean negotiators then pro-
sieron entonces la de compensarla por posed to compensate her by the sale
la venta y cesión de los territorios de and cession of the territory of the
las provincias de Tacna y Arica, á lo Provinces of Tacna and Arica, to
que también se negaron absolutamente which also the Peruvian negotiators
los negociadores peruanos.
refused absolutely to assent.
Como resultado final, y sin ninguna As a final result, and without any
otra inteligencia al respecto, se llegó other intelligence respecting it, an
á convenir en la estipulación del Tra- agreement was reached in the stipula-
tado de Ancón por la que continuaban tion of the treaty of Ancon for the
dichos territorios en posesión de Chile continuation of said territories in the
1024
DOCUMENTS
durante diez años, á cuyo vencimiento possession of Chile for 10 years, at
se celebraía un plebiscito para re- the expiration of which a plebiscite
solver, en votación popular, acerca de would be held to determine by popu-
su soberanía y dominio definitivos, con lar vote, the definite sovereignty and
la obligación de pagar el país en cuyo dominion, with the obligation by the
favor se decida el plebiscito, diez mil- country in whose favor it may be de-
lones de pesos a la otra Parte Contra- cided to pay 10,000,000 pesos to the
tante.
other contracting party.
Estos son los verdaderos antece- These are the true antecedents of
dentes de aquelles negociaciones, los those negotiations, and are amply
cuales se hallan ampliamente confir- confirmed in the memorial presented
mados en la Memoria presentada por by the Chilean chancellery to the Na-
la Cancillería chilena al Congreso Na- tional Congress in 1883, a document
cional en 1883, documento de fuerza of force and authentic worth for your
y valor auténtico para V. E., y en el excellency, in which, on submitting
que, al someter el Tratado á la apro- the treaty to the approbation of the
bación del Congreso de Chile, se hace Chilean Congress, was given the de-
la historia detallada de dichas nego- tailed history of said negotiations,
ciaciones, terminando con estas pala- ending with these words:
bras:
“Si el resultado del plebiscito vol- 'If the result of the plebiscite shall
viera la región de Tacna y Arica al return the region of Tacna and Arica
dominio del Perú, cumpliría á la po- to the dominion of Peru, Chile will
lítica leal y honrada de Chile acatar loyally and honorably respect the de-
el fallo de aquellos pueblos, limitán- cision of those peoples, limiting her-
dose á recibir una compensación pe- self to receiving a pecuniary compen-
cuniaria de diez millones de pesos que, sation of 10,000,000 pesos, which,
unida á la renta que nos habría pro- added to the revenue we would have
curado anticipadamente la ocupación procured anticipating the occupation
de esos territorios durante diez años, of those territories for 10 years,
excedería, sin duda alguna, á la que would exceed, without doubt, what
habíamos reclamado á este mismo we claimed on the basis proposed in
título en las bases propuestas en 1881 1881 and 1882."
y 1882.”
Al Gobierno de mi país le es muy It is very pleasing to the Govern-
grato aceptar la invitación de V. E.,
ment of my country to accept the in-
con el objeto de negociar la ejecución vitation of your excellency, with the
del Tratado de Ancón respecto de las object of negotiating the execution
provincias de Tacna y Arica; hallán- of the treaty of Ancon respecting the
dose al mismo tiempo, convencido que Provinces of Tacna and Arica, it be-
THE TACNA-ARICA QUESTION, 1883—
1025
nada contribuirá más á afianzar las ing at the same time convinced that
cordiales relaciones que me expresa nothing will contribute more toward
V. E. deben unir á los pueblos ameri- binding the cordial relations which
canos para la realización de sus soli-
your excellency states should unite
darios destinos, que el fiel cumpli- American peoples for the realization
miento de sus compromisos interna- of their united destiny than the faith-
cionales y las vinculaciones de sus recí- ful fulfillment of international agree-
procos intereses.
ments and the ties of reciprocal in-
terests.
Dígnese V. E. aceptar, una vez más, Please accept once more the as-
las seguridades de mi alta y distin-
surances of my high and
and distin-
guida consideración.
guished consideration.
J. PRADO Y UGARTECHE.
J. PRADO Y UGARTECHE.
Al Excmo. señor Ministro de Rela-
To His Excellency The Minister of
ciones Exteriores de la República de Foreign Affairs — Santiago.
Chile.- Santiago.
Confidencial
Confidential
MINISTERIO DE
MINISTRY OF FOREIGN
RELACIONES EXTERIORES
RELATIONS
Santiago, 25 de marzo de 1908.
Santiago, March 25, 1908.
SENOR MINISTRO:
MR. MINISTER:
En la primera entrevista que V. E. The first interview which your ex-
celebró con el infrascripto, se sirvió cellency held with the undersigned
formular el deseo de abordar desde served to formulate the desire of
luego la solución del problema sobre taking up immediately the solution of
la nacionalidad definitiva de Tacna y the problem concerning the definite
Arica, según las disposiciones del Tra- nationality of Tacna and Arica, ac-
tado de Paz firmado en Ancón. cording to the dispositions of the
treaty of peace signed in Ancon.
Tuve, en esa virtud, el honor de I had, as regards this, the honor to
proponer á V. E. un plan de negocia- propose to your excellency a plan of
ciones que consta de varios proyectos negotiation which consists of various
de Convenio y cuya ejecución satis- projects of agreement and whose ex-
faría, á juicio de mi Gobierno, los ecution would, in the judgment of
recíprocos anhelos de concordia que my Government, satisfy the recipro-
predominan en ambas Repúblicas. cal desires for peace which predom-
inate in both Republics.
1026
DOCUMENTS
una
La negociación de conjunto que he The joint negotiations which I have
tenido el honor de bosquejar á V. E. the honor to outline to your excel-
abarca las materias siguientes: lency embrace the following matters:
1º. Ajuste de Convención 1. Arrange a commercial conven-
Comercial que conceda liberación ó tion which shall grant exemption
franquicias aduaneras á ciertos y de- from customs to certain stated prod-
terminados productos de cada uno de ucts of each country that are of use
los dos países, que son de consumo en
in the other
el otro.
20. Celebración de un Convenio
.
2. Celebration of an agreement for
para el fomento de la marina mercante the promotion of the merchant ma-
y para el establecimiento de una línea rine and for the establishment of a
de navegación á vapor costeada ó sub- line of steamers at the expense or by
vencionada por los dos Gobiernos, con the subvention of the two Govern-
el objeto de desarrollar el comercio de ments, with the object of developing a
sus costas.
coast trade.
3º. Asociación de los dos países 3. Association of the two coun-
para realizar con sus recursos y su tries for the realization of their re-
crédito la obra de unir por ferrocarril sources and their credit in joining the
las capitales de Santiago y Lima. capitals of Santiago and Lima by
railway
4°. Ajuste del Protocolo que ha de 4. Arrangement of the protocol
establecer la forma del plebiscito for establishing the form of plebis-
estipulado para la determinación de la cite stipulated for the determination
nacionalidad definitiva de Tacna y of the definite nationality of Tacna
Arica.
and Arica.
5º. Convenio para elevar el monto 5. Arrangement to raise the
de la indemnización que debe dar al amount of indemnity which the coun-
otro país aquel que adquiera la sobe- try acquiring definite sovereignty
ranía definitiva de ese territorio. over this territory shall give to the
other.
Bien sabe V. E. que el Tratado de Your excellency knows well that
1883 al entregar á la resolución de un the treaty of 1883 on leaving to be
plebiscito la determinación de la na- determined by plebiscite the definite
cionalidad definitiva de Tacna y Arica, nationality of Tacna and Arica did
no expresó qué era lo que debiera en- not express what was to be under-
tenderse por dicho plebiscito, ni fijó stood by said plebiscite, nor did it fix
tampoco el modo y forma de su eje- the forms and manner of its execution.
cución. Razonablemente, tales omi- Naturally such omissions can not be
siones no pueden atribuirse á olvido attributed to forgetfulness on the
THE TACNA-ARICA QUESTION, 1883-
1027
de parte de los negociadores, sino á un part of the negotiators, but to an im-
reconocimiento implícito de que el plicit recognition that the procedure
procedimiento pactado no podía ser agreed upon could not be other than
otro que el de los plebiscitos incorpo- that of the plebiscites incorporated
rados en la Historia del Derecho In- in the History of International Law.
ternacional.
Mi Gobierno, con todo, deseoso
My Government, then, now desir-
ahora, como antes, de arribar á una
ous
as before, of arriving at a
solución amigable, estaría dispuesto a friendly solution, would not be dis-
no hacer valer estrictamente los dere- posed to hold strictly to the rights
chos que le acuerdan el espíritu y la which are accorded to it in the letter
letra de la cláusula 3º. del Tratado de and the spirit of clause 3 of the
Ancón y á no mantenerse tampoco treaty of Ancon nor to maintain itself
exactamente en el terreno en que los exactly in the field in which publicists
publicistas y los precedentes diplomá- and diplomatic precedents place pleb-
ticos colocan los pactos plebiscitarios iscites, if on her part Peru will facil-
siempre que por su parte el Perú fa- itate the arrangement and renounce
cilitara el avenimiento, renunciando her extreme pretensions, which will
pretensiones extremas que lo frustra- undoubtedly frustrate any solution.
rían indudablemente.
No escapará al ilustrado criterio de
It will not escape the intelligent
V. E. que el derecho de voto no tiene judgment of your excellency that the
en este caso el objeto y la significa-' right to vote has not in this case the
ción que la Constitución y las Leyes purpose and significance which the
internas de cada Estado atribuyen al constitution and the internal laws of
sufragio político. Su carácter es emi- each State attribute to the political
nentemente internacional, como que se suffrage. Its character is eminently
trata de determinar á cuál país corre- international, as it treats of the de-
sponde la soberanía definitiva sobre termination as to which country be-
una porción de territorio. No hay longs definite sovereignty over a por-
duda, entonces, de que deben ser lla- tion of territory. There is no doubt,
mados á ejercitar el derecho de su- then, that there ought to be called to
fragio plebiscitario todos los habi-
exercise the rights of suffrage all the
tantes hábiles del territorio: no sólo able inhabitants of the territory; not
los nacionales de uno y otro país in- only the nationals of the one or the
teresado que hayan constituído domi- other country interested who have es-
cilio en el territorio y que estén libres tablished residence in the territory
de toda inhabilidad ó incapacidad, and are free from all unfitness or in-
sino también los residentes extranjeros capacity, but also the foreign resi-
que se hallen en iguales condiciones. dents who are in a similar status.
En el plebiscito debe ser consultada In the plebiscite the will of the for-
1028
DOCUMENTS
la voluntad de los extranjeros tanto eigners should be consulted as much
porque su derecho ha sido implícita- because their right has been implicitly
mente reconocido en el Tratado al em- recognized in the treaty in employing
plear la fórmula de “votación popu- the formula “popular vote" as be-
lar," cuanto porque no es equitativo ni cause it is not equitable or reasonable
razonable privarlos de participación to deprive them of participation in
en una consulta sobre la suerte de la a consultation over the fate of the
tierra donde han radicado sus in- country where their interests are
tereses, donde han constituído su fa- rooted, where they have established
milia y á cuya prosperidad contri- their family, and to whose prosperity
buyen en parte muy principal con la- they contribute in large part with
bor fecunda y perseverante.
fruitful and persevering labor.
Mi Gobierno entiende asimismo, My Government understands also
que por el hecho de estar ejerciendo that by the fact of exercising sover-
la soberanía en Tacna y Arica es de eignty in Tacna and Arica it devolves
su exclusiva incumbencia la designa- upon it exclusively to designate the
ción del personal que debe presidir el personnel which ought to preside in
acto plebiscitario, ya en la inscripción holding the plebiscite, whether in the
de los electores, ya en la recepción de reception of voters or in the scrutiny
los sufragios, ya en la proclamación of the ballots.
del escrutinio.
Y con este motivo me es grato reite-
And with this motive it gives me
rar á V. E. las seguridades mas abso- pleasure to repeat to your excellency
lutas de la resolución que tiene mi the most absolute assurances of the
Gobierno de adoptar las medidas y
resolution which my Government has
formalidades más adecuadas para que
of adopting the means and formali-
la consulta popular no motive la
ties most adequate for the elimination
menor desconfianza de parte del de
of any cause for the least lack of con-
V. E. y para que su resultado no deje fidence on the part of your excellency
margen á recriminaciones de ninguna in order that the result may leave no
especie.
margin for recriminations of any
kind.
Entrando un poco en los detalles Entering a little into the details
que son para V. E. materia de preocu- which are for your excellency a mat-
pación, puedo anticipar á V. E. que no ter of preoccupation, I can say that
veo inconveniente para que nuestras it does not appear to me unfitting that
autoridades, al constituir las mesas our authorities, in constituting the
electorales, den representación en ellas electoral board, should give repre-
á ciudadanos de nacionalidad peruana sentation on it to citizens of Peru-
y á ciudadanos de otras nacionali- vian nationality and of other nation-
dades.
alities.
THE TACNA-ARICA QUESTION, 1883—
1029
El proyecto de Convenio que he The project of agreement which I
tenido el honor de proponer á V. E. have the honor to propose to your ex-
bajo el número 50., estipularía un cellency under No. 5 would stipulate
aumento de la suma de dinero que an increase in the sum of money
debe pagar al otro estado, en calidad which ought to be paid to the other
de indemnización, aquel que resulte State, in the character of an indem-
favorecido por el fallo plebiscitario. nity, by the State in whose favor the
plebiscite may result.
El infrascripto estima que este sería The undersigned considers that
otro de los medios más eficaces para this would be one of the two most
conseguir su propósito dominante de effective means of attaining his dom-
que la solución de este problema deje inant purpose, which is the solution
las menos asperezas posibles.
of this problem with the least possi-
ble friction.
El monto de esta suma podría fijar- The amount of this sum could be
se entre dos y tres millones de libras fixed between two and three millions
esterlinas.
of pounds sterling.
Aprovecho esta ocasión para reno-
var á V. E. las seguridades de mi más
distinguida consideración.
(Firmado) F. PUGA BORNE.
I take this occasion to renew to
your excellency the assurances of my
most distinguished consideration.
(Signed) F. PUGA BORNE.
Excmo. Señor Don Guillermo A.
Seoane, Enviado Extraordinario y
Ministro Plenipotenciario del Perú en
Chile.
To His Excellency Dr. William A.
Seoane, Envoy Extraordinary and
Minister Plenipotentiary of Peru in
Chile.
LEGACIÓN DEL PERU EN CHILE
LEGATION OF PERU IN CHILE
Santiago, á 8 de mayo de 1908.
SENOR MINISTRO:
Tengo á honra contestar, confor-
forme a las instrucciones recibidas de
mi Gobierno, la atenta comunicación
de V. E. fecha 25 de marzo último.
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.
.
En nada se relaciona este último,
de carácter meramente político, con
el comercio, la marina mercante y
The plebiscite, being entirely of a
political character, has no relation
with commerce, with merchant ma-
1030
DOCUMENTS
línea de navegación, el ferrocarril, ni rine or steamship lines, with railways,
aún con la indemnización.
or even with an indemnity.
Esos puntos entre sí inconexos é These points, in themselves uncon-
independientes del Tratado de Ancón nected and independent of the treaty
pueden negaciarse aparte, y recibirán of Ancon, can be negotiated apart,
la preferente atención de mi Gobierno, and will receive special attention
después de ejecutarse el Protocolo ple- from my Government after the exe-
biscitario; esto es, cuando quede elimi- cution of the plebiscite protocol; that
nado de las relaciones del Perú y Chile is, when there can be eliminated from
el problema de Tacna y Arica cuya the relations of Peru and Chile the
subsistencia por referirse al cumpli- problem of Tacna and Arica, whose
miento de un Pacto soleinne, no se subsistence, by being referred to the
aviene con la celebración de otros tra- fulfillment of a solemn pact, is not
tados.
susceptible of union in the celebra-
tion of other treaties.
En ocasión solenne tuve la honra On a solemn occasion I had the
de manifestar que, a pesar del tiempo honor of setting forth that, in spite
recorrido, en las nombradas pobla- of the time elapsed, in said districts
ciones se conserva y se transmite, tan there exists and is transmitted, as
vehemente como en las épocas de sac- strong as in the epochs of sacrifice
rificio y gloria, el sentimiento de la and glory, the sentiment of national-
nacionalidad, á cuyos anhelos corre- ity, to whose ardor corresponds that
sponden con todos los suyos las demás of the other sections of the Peruvian
secciones de la Patria Peruana. fatherland.
A causa de tales consideraciones It is for considerations such as
expresé en nuestra primera en- these, that I expressed in our
trevista.
que para mi Gobierno
first interview, ... that for my
la cuestión plebiscitaria es de tal im- Government the question of the pleb-
portancia, que ante ella todas las otras iscite is of such importance that be-
aparecen en término secundario; fore it all others appear of second
y ruego á V. E. que se avenga al apla- rank; ... I beseech your excellency
zamiento, para después de pactadas that you be reconciled to settling later
tales formalidades de los demás puntos such formalities concerning the other
aglobados de cuyo examen por ahora points, whose consideration for the
prescindo.
present I lay aside.
Debo exceptuar, sin embargo, el re- I ought to except, nevertheless, the
ferente al monto de la indemnización reference to the amount of the in-
que ha de oblar al otro país aquel que demnity which the country acquiring
adquiera la soberanía definitiva en los definite sovereignty in the territories
THE TACNA-ARICA QUESTION, 1883—
1031
territorios; monto que, en vez de los shall give to the other, an amount
diez millones de soles, eleva V. E. á which, in place of 10,000,000 soles,
dos ó tres millones de libras ester- your excellency would raise to two or
linas, ó sea al doble ó triple de lo three million pounds sterling, or dou-
estipulado en el Tratado de Ancón.
ble or triple the sum laid down in the
treaty of Ancon.
A este respecto, cúmpleme hacer á In this respect, it becomes me to
V. E. una observación fundamental.
make to your excellency a fundamen-
Las gestiones que mi Gobierno me ha tal observation. The steps which my
encomendado ante el de V. E., tienen Government has authorized me to
por objeto el cumplimiento, no la place before your excellency have for
modificación, del artículo III del Tra-
their object the fulfillment, not the
tado de Paz, de 20 de octubre de 1883. modification,
modification, of Article III of the
treaty of peace of October 20, 1883.
.
Como he tenido la honra de decla- As I had the honor of declaring
rarlo á V. E., mi Gobierno sólo sal-
to your excellency, my Government
dría de las disposiciones del pacto de would consent to a variation from the
Ancón, para asegurar la reincorpora- dispositions of the pact of Ancon
ción inmediata y definitiva de las only to insure the immediate and defi-
provincias peruanas de Tacna y Arica nite reincorporation of the Peruvian
al territorio nacional.
Provinces of Tacna and Arica into
the national territory.
El Perú confía en que le será favor- Peru has confidence that the plebis-
able el plebiscito actuado conforme a cite would result favorably to her if
los preceptos de su institución jurídica, carried out according to the legal pre-
y creo, dígnese V. E. disculpar mi cepts governing such institutions, and
franqueza, que también existe en Chile I believe, if your excellency will ex-
acerca de ese desenlace la convicción
cuse my frankness, that there also
ya revelada por alguno de sus Esta- exists in Chile concerning this result
distas conspicuos, al confesar la este the conviction already revealed by
rilidad durante casi un cuarto de siglo some of her conspicuous statesmen,
de la obra afanosa de “chileniza- who confess the futility of almost a
ción."— En caso contrario no habrían quarter of a century of arduous work
muchos de los predecesores de V. E. in “Chilenization."
Chilenization.” If it were not
prorrogado de hecho el procedimiento so, not many of your excellency's
con indicaciones inaceptables, ni tam- predecessors would have postponed
poco tuviera V. E. á bien proponer the procedure by interposing unac-
espontáneamente tal aumento.
ceptable conditions, and neither
would your excellency have sponta-
1032
DOCUMENTS
neously proposed such increase in in-
demnity..
Al país con fe en el triunfo, no le The country which has confidence
conviene en efecto un gravamen pe- in its triumph is not interested in a
cuniario superior al oportunamente pecuniary standard greater than that
pactado.
duly agreed upon.
I
I
con.
Supone V. E. que según los prece- Your excellency assumes that, ac-
dentes modernos, el plebiscito incor- cording to modern precedents, the
porado en la Historia del Derecho In- plebiscite incorporated in the His-
ternacional, constituye una fórmula de tory of International Law constitutes
cesión simulada.
a simulated transfer.
Esa objeción, argüida verbalmente That point, argued verbally by
por V. E., novísima en las múltiples your excellency, is the most recent in
conferencias desde atrás originadas the niany conferences originated by
por la cláusula tercera del Tratado de the third clause of the treaty of An-
Ancón.
En la legislación antigua, el ele- In ancient legislation, an essential
mento sustancial y característico del and characteristic element of the
plebiscito consiste en la voluntad popu- plebiscite consisted of the popular
lar, como expresion de la soberanía.
will, as an expression of sovereignty.
A la luz del principio de libertad, la In the light of the principle of lih-
Revolución Francesa de 1789 condenó erty, the French Revolution of 1789
la conquista impuesta por las armas y condemned conquest imposed by arms
restableció aquella práctica demo- and reestablished that democratic
crática como base única justificativa practice as the only justifiable basis
para las mutaciones en la existencia
for changes in the existence of States.
de los Estados.
Así transportados al campo inter- Thus brought into the interna-
nacional, los plebiscitos, ya a favor de tional field, plebiscites, whether in
Francia desde el actuado en Aviñón favor of France as the one held in
en 1791, ya á favor de la unidad Avignon in 1791, or in favor of Ital-
italiana desde 1848 y todos los demás ian unity as in 1848, and all the rest,
invocan invariablemente como funda- invariably invoke as a fundamental
mento y título jurídico la consulta al and legal title the consultation of the
pueblo.
people.
En la práctica, no pocas veces se In practice many times it has been
produjo el escarnio, ni dejó de sufrir brought into ridicule nor has the vote
el voto emitido el efecto de la coacción been allowed to escape the effect of
THE TACNA-ARICA QUESTION, 1883—
1033
brutal y manejos fraudulentos.— De brutal coercion and fraudulent ma-
ahí el reiterado triunfo del anexante. nipulation. Hence the reiterated tri-
umph of the annexor.
Pero la extorsión no es factor legal But compulsion is not a legal fac-
sino causa anulativa.
tor. Rather it is an annulling cause.
Los precedentes históricos en que The historical precedents in which
se la ejerció demuestran que, á fin de it has been exercised demonstrate
obtener aparentemente el éxito de an- that, with the apparent object of ob-
temano concertado, hubo abusos, cual taining success by preparation be-
á veces los hay en elecciones locales forehand, there have been abuses,
pero así como no se invoca las últimas such as exist sometimes in local elec-
para legitimar los recordados abusos tions. But local elections are not
de política interna, tampoco se deduce called to legitimatize the recorded
de aquellos que en la esfera del dere- abuses of internal politics, neither can
cho público se halla desvirtuado el ple- it be deduced from plebiscites that in
biscito de índole libre para convertirse the sphere of public law they have
en disfraz del concepto diametral- been invalidated to be converted into
mente antagónico de la conquista; y the diametrically opposite concept of
que, por lo tanto, sea ésta la que siem- conquest; even though this may seem
pre se revela consumada en todos los to be the case in all the documents
documentos que mencionan la volun- mentioning the popular will as a con-
tad popular como condición de trans- dition of transfer.
ferencia.
Si los negociadores de Ancón hubie- If the negotiators of Ancon had
sen impuesto la misma suerte á las imposed the same fate on the pop-
poblaciones de Tacna, Arica y Tara- ulations of Tacna and Arica as on
pacá, no habrían convenido respecto Tarapaca, they would not have
de las primeras en el voto popular que agreed on a popular vote for them
respecto de la última emitieron.
while omitting it for Tarapaca.
Desde la época del restablecimiento From the time of the reestablish-
de esa institución por la Asamblea ment of this institution by the Na-
Nacional, la expresión más o menos tional Assembly, the more or less
correcta de la voluntad popular en pro correct expression of the popular will
de la anexión, se exhibe las más de las on behalf of annexation has shown
veces con prescindencia absoluta del itself most often with the absolute
Soberano repudiado, por inciativa de setting aside of the sovereign repu-
Gobiernos insurrectos ó del ocupante diated, by the initiative of insurrec-
bélico.
tionary governments or of the bellig-
erent occupant.
1034
DOCUMENTS
con.
Tales casos no proceden como ante- Such cases do not serve as prece-
cedentes análogos del Pacto bilateral dents for the two-sided pact of An-
de Ancón.
La nación cesionista no ha estipu- The nation granting the cession
lado el plebiscito sino en cuatro opor- has not stipulated the plebiscite ex-
tunidades.
cept on four occasions.
En el Tratado de Turín, antes de In the treaty of Turin, before sub-
referirse á la voluntad de las pobla- mitting it to the will of the people,
ciones, el rey de Cerdeña declara que the King of Sardinia declared that
consiente en la reunión de Saboya “he consented to the reunion of Sa-
y de la circunscripción de Niza á Fran- voy and the union of Nice with
cia y renuncia para sí y sus descen- France and renounces for himself
dientes y sucessores en favor de
en favor de and his descendants and successors in
S. M. el Eniperador de los Franceses, favor of His Majesty the Emperor
á sus derechos y títulos sobre dichos of the French his rights and titles
territorios."
over said territory.”
En el Tratado de Praga, el Em- In the treaty of Prague the Em-
perador de Austria también renuncia peror of Austria also renounced in
en favor de Prusia á su soberania al favor of Prussia his sovereignty to
norte del Schleswig, el plebiscito pac- the north of Schleswig and the pleb-
tado en el artículo 5º. que en 1878 iscite arranged for in article 5, which
abrogaron las Potencias contratantes, in 1878 the contracting powers abro-
prevé, en afecto, el evento de los gated, forecasting in fact that the
votos de los nativos, no en pro del outcome of the vote of the natives
cesionista ni del cesionario, sino de would be in favor of neither cedent
la reincorporación á Dinamarca. nor cessionaire, but for reincorpora-
tion into Denmark.
En el Tratado de Viena “bajo re- In the treaty of Vienna, "under
serva del consentimiento de las pobla- condition of the consent of the pop-
ciones debidamente consultadas," es- ulation after they have been duly con-
tablecida por Napoleon III, que había sulted,” established by Napoleon III,
aceptado la cesión para transferirla who had accepted the cession to
á Italia como se pactó en el de Praga, transfer it to Italy as provided in the
el mismo Emperador cedente austriaco treaty of Prague, the same Austrian
“consiente en la reunión del reino Emperor who ceded it “consents to
Lombardo-Véneto al Reino de Italia." the reunion of the Lombard-Venetian
Kingdom to the Kingdom of Italy."
Por fin, en el Tratado de París, Finally, in the treaty of Paris, also
antes también de la reserva acerca del with a reservation concerning the
consentimiento de la población, “el consent of the population, “the King
THE TACNA-ARICA QUESTION, 1883
1035
Rey de Suecia y Noruega retrocede of Sweden and Norway returned to
á Francia la isla de San Bartolomé y France the island of St. Bartholomew
renuncia en consecuencia para si y sus and renounces in consequences for
descendientes y sucessores á sus de- himself and his descendants and suc-
rechos y títulos sobre dicha Colonia." cessors his rights and titles over said
colony."
En el Tratado de Ancón, el Perú In the treaty of Ancon, Peru has
no renuncia, como en aquellos el So- not renounced, as the sovereign in
berano, á sus territorios de Tacna y those mentioned, her territories of
Arica.
Tacna and Arica.
Al contrario, deja claro su anhelo On the contrary she has made very
de no sufrir otra mutilación, puesto clear her earnest desire not to suffer
que no sólo hace depender" la forma other mutilation, since she not only
en que el plebiscito deba tener lugar," depends for “the form in which the
de" un Protocolo especial que se con- plebiscite shall take place" on "a
siderará como parte integrante del special protocol which would be con-
Tratado,” sino que se obliga, lo mismo sidered as
sidered as an integral part of the
que el Gobierno Chileno, á la entrega treaty," but is bound, the same as the
de 10,000,000 de soles en caso de serle Government of Chile, to the delivery
favorable el sufragio, ó sea, á un cargo of 10,000,000 soles in case the result
comprobatorio de su expectativa que is favorable to her, an obligation in
no se encuentra en ninguno de los proof of her expectations which is
cuatro Pactos recordados.
not found in any of the other four
pacts recorded.
Las poblaciones de Niza y Saboya The populations of Nice and Savoy
y San Bartolomé y también las de and St. Bartholomew and also those
Venecia, estaban unidas más á Fran- of Venice were
more united to
cia é Italia respectivamente que á Cer- France and Italy, respectively, than
deña, Suecia y Austria, por vincula- to Sardinia, Sweden, and Austria, by
ciones históricas más o menos suges- more or less suggestive historic ties.
tivas. Las de Tacna y Arica son de The people of Tacna and Arica are in
nacionalidad netamente peruana; so- the main Peruvian; over these Prov-
bre esas provincias jamás adujo Chile inces Chile could never have been in-
ni pretendió derecho alguno.
fluential or pretended to any right
whatever.
No existe, pues, paridad entre el
Tratado de Ancón y los europeos er-
róneamente citados como antece-
dentes.
Luego no tuvo para sus negocia-
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
DOCUMENTS
dores alcance de letra muierta la cláu- sion of the popular will had not for
sula relativa al fallo de la voluntad
its negotiators the force of a dead
popular.
letter.
Ratifican ese aserto las negocia- Previous negotiations ratify that
ciones anteriores.
assertion.
Tales son las de octubre de 1880. Such are those of October, 1880,
á bordo de la corbeta americana
on board the American corvette Lack-
Lackawanna, en las cuales preten- awanna, in which the Chilean plenipo-
dieron los Plenipotenciarios Chilenos, tentiaries assumed, among other de-
entre otras exigencias de menor im- mands of minor importance, the ces-
portancia, la cesión de los territorios sion of the territories south of the
al sur de la quebrada de Camarones, Pass of Camarones the payment of
el pago de 20 millones de pesos por 20,000,000 pesos by Peru and Bo-
el Perú y Bolivia solidariamente y livia together and "the retention of
“ la retención de Moquegua, Tacna y Moquegua, Tacna, and Arica until
Arica hasta tanto se haya dado cum- the obligations to which the previous
plimiento a las obligaciones á que se conditions refer shall have been ful-
refieren las condiciones anteriores, ob- filled, Peru binding herself moreover
ligándose además el Perú á no artillar not to mount cannon at the port of
el puerto de Arica cuando le seu en- Arica when it shall be delivered, or at
tregado, ni en ningún tiempo”; las any time.” Such also are the nego-
que originaron el Protocolo Balma- tiations of the Balmaceda-Prescott
ceda-Trescott, suscripto el 11 de feb- protocol, signed February 11, 1882, ,
rero de 1882, en Viña del Mar, en el in Viña del Mar, in which the min-
cual el Ministro de Relaciones Exte- ister of foreign relations pointed out
riores señaló como base de paz (no as a basis for peace (not concurred in
acogidas por el Gobierno de los Esta- by the United States, which had of-
dos Unidos para ofrecer sus buenos fered its good offices) the same ces-
oficios) la misma cesión al sur de sion to the south of Camarones, the
Camarones, el pago de 20 millones de payment of 20,000,000 pesos and the
pesos y la ocupación de Tacna y Arica occupation of Tacna and Arica for
por dies años ó mayor tiempo “que 10 years or the longest time “ Peru
el Perú podría fijar en el Tratado," could fix in the treaty,” with the ob-
con cargo de que si, al vencer el plazo ligation that if, on the expiration of
estipulado, no pagase dicha suma “el the period stipulated, such sum
Territorio de Tacna y Arica quedaría should not be paid “the territory of
cedido 'ipso facto
y que “si Arica
si Arica Tacna and Arica would remain ceded
volviese al dominio del Perú, perma- 'ipso facto'
ipso facto'” and that “if Arica
necería desartillado para siempre”; should
should return to the dominion of
las en que intervino Mr. Logan, en Peru, she would remain unarmed for-
las cuales, según lo manifiesta el
ever."
The same is true of the ne-
THE TACNA-ARICA QUESTION, 1883
1037
Memorándum de 18 octubre de 1883, gotiations in which Mr. Logan took
el Canciller Chileno sugirió la idea part, in which, according to the mem-
desestimada por el Presidente señor orandum of October 18, 1883, the
Calderón de la actuación plebiscitaria, Chilean chancellor suggested the idea,
estableciendo que estaba dispuesto disregarded by President Calderon,
á pagar diez millones de pesos por el of carrying out a plebiscite to deter-
territorio, si el plebiscito lo entregaba mine whether Chile was disposed
á Chile, y esperaba recibir, á su vez, to pay 10,000,000 pesos for the terri-
diez millones de pesos si el plebiscito tory, if the plebiscite delivered it to
lo acordaba al Perú," y aceptó que un Chile, and expected to receive in turn,
árbitro decidiera si Chile tenía derecho 10,000,000 pesos if the plebiscite ac-
de comprar el Territorio de Tacna y corded the territory to Peru, and ac-
Arica ó había “de ocupar militar- cepted arbitration to establish
mente dicho Territorio por espacio de whether or not Chile had the right to
quince años estando obligado á eva- purchase the territory of Tacna and
cuarlo á la expiración de ese plazo.” 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.”
Esas negociaciones dejan de relieve
These negotiations bring into re-
que el Perú se resistió siempre á la lief the fact that Peru resisted always
cesión, en cualquier forma, de los ter- the cession, in whatever form, of the
ritorios de Tacna y Arica; y que por territory of Tacna and Arica, and
lo tanto, al aceptar el sufragio plebis- that for the same reason on accepting
citario en el Tratado de 1883, con- the decision by suffrage in the treaty
templo el plebiscito de derecho según of 1883, she contemplated the legal
el criterio uniforme de los tratadistas, plebiscite according to the uniform
no el falseamiento de la voluntad po- criterion of treaty makers, and not
pular con que alguna vez lo profana- the prostitution of the popular will
ron los excesos. Por ese motivo am- which at any time excesses may pro-
bas Repúblicas previeron, como quedó fane. For this reason both Repub-
previsto en los proyectos anteriores, lics foresaw, as was foreseen in the
la emergencia de la reincorporación al previous projects, the difficulty that
territorio peruano.
would arise when these territories
should be reincorporated into Peru.
Por no haber cesión disfrazada es In order not to have a disguised
que el 10 de agosto de 1892 — ó sea, cession, on August 10, 1892 — before
antes del 28 de marzo de 1894 en March 28, 1894, on which date the
cuya fecha venció el decenio pactado decennial expired — Mr. Larrabure
- el señor Larrabure invitó al Pleni- invited the plenipotentiary, Mr. Vial
1038
DOCUMENTS
potenciario señor Vial Solar á la ela- Solar, to the elaboration of the pro-
boración del Protocolo plebiscitario; y tocol relating to the plebiscite; and
las conferencias, al principio verbales, the conferences, principally verbal,
continuaron durante un período ex- continued during an extended period
tenso de años, ... sin que jamás of years, ...
without anyone ever
ninguno adujese la incongruencia de disclosing that such proceedings were
tales gestiones.
incongruous.
Lejos de eso, previendo el posible Far from this, foreseeing the pos-
triunfo del Perú en el plebiscito, el sible triumph of Peru in the plebiscite,
señor Lira pidió garantía para el pago Mr. Lira asked a guarantee for the
de la indemnización;
payment of the indemnity;
En la cláusula primera del Tratado In the first clause of the treaty be-
Chileno-Boliviano del 18 de mayo de tween Chile and Bolivia of May 18,
1895, sobre transferencias de terri- 1895, on the transfer of territory,
torios, Chile se obliga a ceder á Bo- Chile was obliged to cede to Bolivia
livia los de Tacna y Arica " si los ad- the Provinces of Tacna and Arica
quiriese á consecuencia del plebiscito “if she should acquire them as a re-
que haya de tener lugar en conformi- sult of the plebiscite which should
dad al Tratado de Ancón", en la take place in conformity with the
cláusula tercera “se compromete á
se compromete á treaty of Ancon;" in the third clause
empeñar todos sus esfuerzos ” “ para "it is promised to employ all her ef-
obtener en propiedad definitiva” los forts in obtaining a definite prop-
dichos territorios; y en la cláusula erty” in said territories; and in the
cuarta contrae un compromiso subsi- fourth clause there is a subsidiary
diario para el evento de que no pu- compromise on "not being able to ob-
diese obtener en el plebiscito ó por tain in the plebiscite or by direct ar-
arreglos directos la soberanía defini- rangements the definite sovereignty
tiva de la zona en que se hallan las of the zone in which are located the
ciudades de Tacna y Arica."
cities of Tacna and Arica."
06
A su vez, en su mensaje de 1900. e! In his turn, in his message of 1900,
Presidente Señor Errázuriz dijo que,
President Errázuriz said that " in the
‘ en el Tratado de paz quedó indecisa treaty of peace the definite nationality
la nacionalidad definitiva de los ter- of Tacna and Arica remains unde-
ritorios de Tacna y Arica."
cided."
La deducción sobre cesión simulada
ó conquista de los territorios de Tacna
y Arica --- sacada, no del texto ni es-
píritu de aquel Tratado, sino de los
impertinentes plebiscitos europeos —
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—
1039
debe, pues, descartarse por completo. European plebiscites
European plebiscites — ought, then,
to be dismissed completely.
II
II
Tampoco es exacto, señor Ministro, Nor is it exact, Mr. Minister, that
que al Gobierno de V. E. corresponda to the Government of
to the Government of your excellency
exclusivamente la designación del per- should belong exclusively the desig-
sonal que debe presidir el acto plebis- nation of the personnel which should
citario, ya en la inscripción de los preside over the plebiscite, whether in
electores, ya en la recepción de los the enrollment of electors, the recep-
sufragios, ya en la proclamación del tion of the votes, or the rules of the
escrutinio.
election.
¿Cuál es el título de la soberanía que What is the title to the sovereignty
hoy alega Chile en las provincias de which today Chile alleges in the
Tacna y Arica ?
Provinces of Tacna and Arica ?
No es ciertamente el de la ocupa- It certainly is not that of occupa-
ción, que sólo autoriza el derecho re- tion, which the law authorizes only
specto de la res nullius.
in respect to the res nullius.
Tampoco es del sangriento avance Neither is it that of the bloody mil-
militar durante la guerra á que puso itary advance during the war to
término el Tratado de 1883, en cuyo which the treaty of 1883 put an end,
cumplimiento evacuó el Ejército la in whose fulfilment the army evac-
región invadida, con dos excepciones, uated the invaded region, with two
relativas á Tarapacá una y á las men- exceptions, one being Tarapaca and
cionadas provincias la otra.
the other the Provinces mentioned.
De ese Pacto, únicamente, depende, On that pact alone depends the title
por lo tanto, el titulo invocado.
invoked.
Los antecedentes diplomáticos á que
Neither do the diplomatic prece-
alude V. E. tampoco manifiestan que dents to which your excellency alludes
los plebiscitos se hayan realizado bajo show that plebiscites have been car-
la dirección exclusiva del Estado en ried out under the exclusive direction
cuyo provecho resultó el sufragio. of the State in whose advantage the
suffrage resulted.
Los plebiscitos de 1860 á favor de The plebiscites of 1860 in favor
Francia, se efectuaron, según los do- of France, were effectuated, according
cumentos oficiales, bajo la presidencia to official documents, under the presi-
de las autoridades nombradas por el dency of the authorities named by the
Rey cesionista de Cerdeña.
cedent King of Sardinia.
El plebiscito de 1866 á favor de
The plebiscite of 1866 in favor of
1040
DOCUMENTS
Italia, se realizó conforme á la regla Italy was carried out in conformity
mentación expedida por el soberano with the regulation of the annexing
anexante, pero bajo la presidencia de sovereignty but under the presidency
municipios compuestos exclusivamente of municipalities composed exclu-
de regnícolas.
sively of natives.
El plebiscito de 1877, con resultado The plebiscite of 1877, with result
á favor de Francia, se efectuó bajo favorable to France, was effected un-
la presidencia del Rey cesionista de der the presidency of the cedent King
Suecia, quien ordenó al Gobernador of Sweden, who ordered the governor
de la isla de San Bartolomé "que dis- of the island of St. Bartholomew to
pusiera lo conveniente para la vota- make suitable arrangements for the
cion," estableciendo las reglas que se voting,” establishing the rules whiclı
hubiere de seguir.
would have to be followed.
La conformidad única de aquellos The only conformity of these pre-
precedentes está en el modus operandi cedents is in the modus operandi be-
ante nativos de la localidad sujeta á fore natives of the locality subject to
plebiscito; por lo que, si se les imitara,
si se les imitara, the plebiscite; and if they were imi-
intervendrían en el de Tacna y Arica, tated there would intervene as func-
en calidad de funcionarios, únicamente tionaries only the people of Tacna
tacneños y ariqueños.
and Arica.
Pero en lo que a presidencia con- But in that which concerns the
cierne, los ejemplos se hallan discon- presidency, the examples are found to
formes.
lack conformity.
Siendo absoluta, explícita, la renun- The renunciation being absolute
cia para sí, sus descendientes y suces- and explicit for the ceding sover-
ores, del soberano cedente (punto eignty, his descendants and succes-
esencial contrario al Tratado de An- sors (an essential point contrary to
cón), habría sido concebible que dejara the treaty of Ancon), it would have
al anexante en plena libertad. Sin been conceivable that it would leave
embargo, en dos casos sobre tres, es the cessionaire in complete liberty.
aquel cesionista quien asume siempre, Nevertheless, in two cases out of
según los dichos documentos oficiales, three, it is the cedent who assumes al-
la alta dirección del acto.
ways, according to said official docu-
ments, the high direction of the pleb-
iscite.
He tenido la honra de comprobar I have the honor to assert that the
que la permanencia de las Autoridades continuation of Chilean authorities in
Chilenas en los territorios de Tacna the territories of Tacna and Arica,
y Arica, después del 28 de marzo de after March 28, 1894, is patently il-
1894, es evidentemente ilegal.
legal.
THE TACNA-ARICA QUESTION, 1883–
1041
De lo ilícito no emanan derechos. From what is unlawful no rights
emanate.
Luego, no existe el de soberanía que Then there can not exist what Chile
jamás tuvo Chile para presidir la ac- . never had: the right of sovereignty to
tuación; mucho menos para dirigirla preside over the plebiscite, much less
sin control, inscribiendo a los elec- to direct it without control, enrolling
tores, recibiendo los votos en contra o the electors, receiving the votes for
en pro de sus aspiraciones, compu- or against her aspirations, scrutiniz-
tando el escrutinio y proclamándolo. ing the elections, and announcing
their result.
según los preceptos fundamen-
according to the fundamental
tales de justicia, la única deducción precepts of justice, the only logical
lógica de ese derecho, en principio deductions from this right, equal in
igual, es que las dos Repúblicas ten- principle, is that the two Republics
gan idéntica intervención é idénticas shall have identical intervention and
positivas seguridades, a fin de que el identical positive assurances, so that
plebiscito exprese, con el testimonio the plebiscite may express, with the
de ambas, el veredicto del pueblo. testimony of both, the verdict of the
people.
Está esa base acordada en el Pro- This is the basis accorded in the
tocolo Billinghurst-Latorre.
Billinghurst-Latorre protocol.
III
TIT
Permítame V. E. comprobar ahora Permit me now, your excellency,
que sólo incumbe á los regnícolas el to show that there belongs only to the
derecho de sufragio.
natives the right of suffrage.
Mientras no se nacionalizan, los ex- While they are not nationalized,
tranjeros conservan su condición jurí- foreigners retain their legal status as
dica de tales. Por no perder sus vín- such. In order not to lose their own
culos propios de soberanía, ni adquirir national ties, or to acquire those of
los de la ajena, carecen de derechos the foreign country, they are deprived
políticos en el lugar de su domicilio; of political rights in the place of their
y al producirse una transferencia de domicile; and on a transfer of terri-
territorio, sin que se les obligue á dec- tory, without binding them by any
laración alguna, continúa inalterable declaration whatever, their personal
su estatuto personal.
status remains the same.
Si el sufragio es de naturaleza que If suffrage is of such a nature that
su ejercicio no puede concederse á los its exercise can not be conceded to
demás nacionales de los países inter- the nationals of the countries inter-
1042
DOCUMENTS
son
esados, inenos aún es dable pretender ested, still less is it possible to pre-
que se otorgue como privilegio á los tend that it may be bestowed as a
extranjeros.— Tacna y Arica privilege upon foreigners. Tacna
provincias peruanas.- Y sin embargo
Y sin embargo and Arica are Peruvian Provinces.
de que á los ciudadanos del Perú, no Notwithstanding the fact that the cit-
nacidos en ellas, se les negaría el voto, izens of Peru, not born in Tacna and
éste correspondería á los ciudadanos Arica, would be denied the vote, this
ó súbditos de otras naciones; que- would belong to the citizens or sub-
dando así en situación política más jects of other nations; and thus those
ventajosa que la de los compatriotas, who might be supposed to have no
aquellos en quienes debe suponerse interest in the result of the plebiscite
jurídicamente que ningún interés tie- would be in a better political situation
nen en el resultado del acto. El ilus- than their compatriots. The intelli-
trado criterio de V. E. me releva á gent judgment of your excellency re-
patentizar lo absurdo de semejante lieves me from elaborating upon the
conclusión
absurdity of such a conclusion.
Si el plebiscito es un derecho exclu- If the plebiscite is an exclusive
sivo de soberanía, y no les afecta su right of sovereignty, and its develop-
desenlace, es obvio que nada justifica ment does not affect the foreign pop-
la intrusión de aquellos huéspedes en ulation, it is obvious that nothing
ese acto de tan trascendentales ef- will justify the intrusion of those
ectos únicamente para la agrupación guests in that act of such transcen-
política de la que no forman parte. dental effects only for the political
group of which they form no part.
Concederles voto es atribuirles con- To concede them the vote is to at-
dominio, al igual de los dueños, sobre tribute to
to them joint dominion,
el territorio en que temporalmente equally with the citizens of Peru, over
habitan; señorío sobre quienes les o- the territory which temporarily they
frecieron hospedaje, al extremo de re- have inhabited; mastery over those
solver acerca de su futuro, hiriendo el who temporarily offer them hospital-
amor sacrosanto de la Patria; es au- ity, to the extent of deciding upon
torizarlos influyendo así en el despo- their future, wounding the sacred
seimiento y desnacionalización de los love of country; it is to authorize
regnícolas, á quebrantar la neutrali- them, influencing thus in the dispos-
dad, que en toda contienda interna- session and denationalization of the
cional, les imponen las reglas más citizens, to abandon neutrality, which
triviales del derecho.
in every international contention the
most trivial rules of right impose
upon them.
El doctor don Alejandro Alvarez, Dr. Alexander Alvarez, technical
consultor técnico del Ministerio hoy consultor of the ministry now in
THE TACNA-ARICA QUESTION, 1883—
1043
á cargo de V. E., dice en una de sus charge of your excellency, said in one
publicaciones, refiriéndose á los ex- of his publications, referring to the
tranjeros domiciliados en Tacna y foreigners domiciled in Tacna and
Arica: “Es un principio fundamen- Arica :
tal de derecho de gentes y de derecho " It is a fundamental principle of
constitucional de todos los países que civil and constitutional law of all
en país extranjero el extranjero no countries that in a foreign country
tiene ningún derecho político; y es the foreigner has no political right;
la más alta manifestación de un de- and the suffrage as to which of the
recho político, desde el punto de vista two contending countries a portion of
internacional, el sufragio por á cuál territory which is occupied in a mil-
de los dos países contendientes debe itary sense by one should belong is
pertenecer una porción del territorio the highest manifestation of a polit-
que está ocupada militarmente por uno ical right from the international point
de ellos. Fuera de esta razón, que of view. Aside from this reason,
es fundamental, cabría aún preguntar which is fundamental, it may even be
por qué motivo los extranjeros ha- asked by what motive the foreigners
brían de tener derecho á vote en ma- would have the right to vote on a
teria de anexión de un territorio á matter of annexation from one coun-
otro.- ¿Por qué ellos tienen bienes try to another. Because they have
en esos territorios? — Ese interés sólo possessions in those territories?
les da derecho para pedir que sus That interest only gives them the
bienes sean respetados, y nada más. right to ask that their belongings be
Y desde el momento en que sus bienes respected, and nothing more.
And
son respetados, ningún derecho pueden from the moment in which their pos-
pretender ellos para concurrir con su sessions are respected, they could claim
sufragio á resolver una cuestión á la
no right to take part in the suffrage to
que ellos como extranjeros, han debido decide a question to which they, as
y deben permanecer extraños." foreigners, have been and ought to re-
main strangers."
La calidad de chileno no es causal
The quality of being Chilean is not
de excepción que justifique el voto. so exceptional as to justify the vote.
Los ciudadanos chilenos en ellas The Chilean citizens resident in
residentes son en ambas tan extran- these Provinces are as foreign as the
jeros como los demás.
rest.
Sin derecho en la soberanía pe- Without right in the Peruvian sov-
ruana, sin que efecte su estatuto per ereignty, without their personal status
sonal el desenlace del plebiscito, la cir- being affected by the result of the
cunstancia de importar su voto en pro plebiscite, the circumstance of im-
de Chile, no ya quebrantamiento de porting their vote in behalf of Chile,
1044
DOCUMENTS
re-
neutralidad sino concurso efectivo en not only a violation of neutrality but
acto de conquista, hace aún más evi- an effective aid in the act of conquest,
dente su inhabilitación.
makes even more evident their dis-
qualification.
La cláusula tercera del Tratado es- The third clause of the treaty es-
tatuye que expirado el plazo de los tablishes that on the expiration of the
diez años un plebiscito decidirá en period of 10 years “a plebiscite will
votación popular” si el territorio de decide by popular vote” whether the
las provincias de Tacna y Arica queda territory of the Provinces of Tacna
definitivamente del dominio y sobera- and Arica shall remain definitely un-
nía de Chile ó si continúa siendo parte der the dominion and sovereignty of
del territorio peruano.
Chile or whether it will continue be-
ing part of the Peruvian territory.
V. E. se digna suponer que la " vol- Your excellency is good enough to
untad popular" requerida es la de suppose that the “popular will
todos los vecinos; inclusive la de los quired is that of all the inhabitants,
extranjeros que han radicado sus in- including that of the foreigners who
tereses y constituído su familia en las have rooted their interests and es-
localidades á cuya prosperidad con- tablished their families in the locality
tribuyen con labor perseverante y to whose prosperity they contribute
fecunda.
with persevering and fruitful labor.
Si exacta fuese la consecuencia de- If the deduction from this last ob-
ducida de la última aseveración, bas- servation were exact, this would be
taría ésta para que se les reconociera sufficient for the bestowal of political
derechos políticos.
rights upon them.
Desde luego, tal teoría infringe la Alt present such a theory would in-
de la legislación chilena que les veda fringe upon that of Chilean legisla-
aún la actuación municipal.
tion which forbids them participation
even in municipal affairs.
En el vecino extranjero, se presume In the foreign resident, instability
la inestablilidad; el deseo de regreso á may be presumed; the desire to return
la Patria de la que no se ha desvincu- to the homeland whose ties have not
lado, con la nueva familia y la for- been broken, with the new family and
tuna afuera adquirida.
the new fortune acquired while away.
En el Tratado de Turin, se estipuló In the treaty of Turin, it is stipu-
que para la transferencia se tomaría lated that for the transfer shall be
en cuenta “la voluntad de las pobla- taken into account "the will of the
ciones.” El reglamento para el ple- people.” The regulation for the
biscito en Niza, dispone en su articulo plebiscite in Nice is set forth in ar-
THE TACNA-ARICA QUESTION, 1883—
1045
زر
4.º.: “Serán admitidos á votar todos ticle 4: “ There shall be admitted to
los ciudadanos de 21 años de edad por vote all those citizens who are at least
lo menos, que pertenescan por su 21 years of age, who belong by birth
nacimiento ó su origen, al con- or origin to the earldom of Nice; and
dalo de Niza”; y para el acto en for the action in Savoy it sets forth,
Saboya dispone, también en su ar- also in article 4: “ There shall be ad-
ticulo 4°.: “se admitirá á votar á mitted to vote all the citizens who are
todos los ciudadanos de 21 años de at least 21 years of age born in Savoy
edad por lo menos nacidos en Saboya or out of Savoy, of Savoyan parents
ó fuera de Saboya, de padres saboya- who inhabit the district.”
nos que habiten el distrito."
En el Tratado de Viena también In the treaty of Vienna also is stip-
se estipuló la transferencia “ bajo re- ulated the transfer " under condition
serva del consentimiento de las pobla- of the consent of the people duly con-
ciones debidamente consultadas.” El sulted." The regulation for the pleb-
reglamento para el plebiscito “en las iscite " in the Italian Provinces liber-
provincias italianas libertadas de la ated by the Austrian occupation," sets
ocupación austriaca " dispone en su forth in article 5:“On the days des-
artículo 5º.: “En los días señalados ignated for the voting all Italians of
para la votación todos los italianos de said Provinces who have completed
dichas provincias que hayan cumplido 21 years."
21 años.”
En el Tratado de París, así mismo, In the treaty of Paris, likewise, the
se estipuló la transferencia “con la transfer is stipulated “ with the ex-
expresa reserva del consentimiento del press condition of the consent of the
pueblo de San Bartolomé," y el Rey people of St. Bartholomew," and the
de Suecia dispuso: “todo hombre de King of Sweden set forth : “Every
la población de la isla, en el goce de man of the population of the island,
sus derechos civiles y mayor de edad, in the enjoyment of civil rights and
puede tomar parte en el plebiscito.” having attained his majority, can take
Se creyó necesaria una aclaratoria part in the plebiscite." An explana-
y la dió como sigue el Ministro de tion was believed necessary, and it
Negocios Extranjeros del monarca was given as follows by the minister
cesionista: "el sentido es, natural-
el sentido es, natural- of foreign affairs of the ceding mon-
mente, que sólo deben votar los súb- arch: “ The sense is, naturally, that
ditos suecos."
only Swedish subjects may vote."
En todos aquellos reglamentos, In all those regulations, in accord-
concordantes con los Tratados que ance with the treaties which pledged
pactaron el consentimiento de los the consent of the peoples or popula-
pueblos ó poblaciones, se menciona tions, there is mentioned always the
1046
DOCUMENTS
siempre a los regnícolas, jamás á los citizens, never foreigners or nationals
extranjeros ni á los nacionales del pre- of the would-be annexor.
sunto anexante.
La fórmula análoga de “votación The analogous formula of “popu-
popular ” empleada en el Tratado de lar vote" employed in the treaty of
Ancón no puede, pues, Señor Minis- Ancon could not, then, Mr. Minister,
tro, interpretarse en sentido contrario. be interpreted in a contrary sense.
Muy grato me es reiterar á V. E.
I am very pleased to repeat to your
las seguridades de mi más distinguida excellency the assurances of my most
consideración.
distinguished consideration.
(Firmado).-G. A. SEOANE.
(Signed) G. A. SEOANE.
Al Excmo, Señor Don Federico To His Excellency Hon. Federico
Puga Borne, Ministro de Relaciones Puga Borne, Minister of Foreign Re-
Exteriores de Chile.
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 1
MINISTERO DE RELACIONES
EXTERIORES DE CHILE
MINISTER OF FOREIGN
RELATIONS OF CHILE
Propuesta Chilena
Chilean Proposal
Primero.- El plebiscito tendrá First.—The plebiscite shall take
lugar en una fecha que permita al place on a date which will enable the
gobierno de Chile cumplir las obliga- Chilean Government to fulfil the ob-
ciones que tiene contraídas con la re- ligations which it has contracted to-
pública de Bolivia para la construcción ward the Republic of Bolivia for the
del ferrocarril de Arica á La Paz.2 construction of the railroad from
Arica to La Paz.
Segundo — Tomarán parte en la Second.-All Chileans, Peruvians,
votación, que será secreta, todos los und foreigners who possess the fol-
chilenos, peruanos y extranjeros que lowing requisites shall take part in the
reunan los requisitos siguientes: vote, which shall be secret :
a- Las calidades necesarias para a) The qualifications necessary in
ser ciudadano elector; y
order to be a voting citizen; and
1 Peru, Boletin del Ministerio de Relaciones Exteriores, vols. 35–36, p. 194 et seq. 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 b) A minimum residence of six
meses.
months.
Tercero.- Corresponderá á Chile Third.—To Chile shall belong the
la presidencia tanto de la junta direc- presidency both of the directing board
tiva como de las juntas de inscripción and of the boards of registration and
y de recepción, que se compondrán de reception, which shall be composed of
tres vocales, á saber: uno chileno, uno three voting members, to wit: One
peruano y otro neutral designado por Chilean, one Peruvian, and one neu-
los cónsules extranjeros de Tacna ó tral designated by the foreign Con-
por una nacion amiga.
suls of Tacna or by a friendly nation.
Cuarto.- En todo lo que no sea
Fourth.-In all matters not con-
contrario a las presentes bases, Chile trary to the present bases, Chile may
podria aceptar, si el Perú lo prefiere, accept, if Peru so prefers, the stipu-
las estipulaciones del protocolo Bil- lations of the Billinghurst-Latorre
linghurst-Latorre.
protocol.
Contrapropuesta Peruana
Peruvian Counter proposal
Son necesarias las siguientes modi- The following modifications are
ficaciones en los cuatro puntos que necessary in the four points contained
contiene el memorándum del señor in the memorandum of the Chargé
encargado de negocios de Chile: d'Affaires of Chile:
Primero.- La Junta directiva en- First. The Directing Board
cargada de organizar el plebiscito charged with the organization of the
comenzará á funcionar en el término plebiscite shall begin to operate within
de tres meses contados a partir del día a period of three months from the
en que se firme el protocolo plebisci- date of signature of the plebiscitary
tario.
protocol.
Segundo.— Podrán tomar parte en Second.-All Peruvians and Chil-
la votación, que será pública, todos los eans who possess the following requi-
peruanos y chilenos que reunan los sites may take part in the vote, which
siguientes requisitos:
shall be public:
a)- Veinte y un años de edad; a) The age of twenty-one years;
b)- Residencia en el territorio por b) A residence in the territory dat-
lo menos a partir del 1° de julio de ing at least from July 1, 1907.
1907.
Podrán también tomar parte los na- Those born in the territory of
cidos en el territorio de Tacna y Arica Tacna and Arica and who are present
que se hallen presentes en el momento at the time of the vote may also take
de la votación, si previamente se hu- part provided they have previously
biesen inscrito par tal objeto.
registered for the purpose.
No podrán votar los empleados pú- Public employees and members of
1048
DOCUMENTS
blicos ni los individuos del ejécito ó de the army or police force on duty in
la policía que presten sus servicios en said provinces shall not be allowed
dichas provincias.
to vote.
Tercero.- La junta directiva se Third. --The directing board shall
compondrá de tres vocales, á saber: be composed of three voting mem-
un peruano, un chileno y un neutral bers, to wit: a Peruvian, a Chilean,
designado por una nación amiga. La
La and a neutral designated by a friendly
presidencia corresponderá al neutral. nation. The presidency shall belong
- Las juntas para la inscripción y the neutral. The boards for the
recepción de votos se compondrán registration and for the reception of
también de un delegado peruano, un votes shall also be composed of one
chileno y un neutral. La presidencia Peruvian delegate, one Chilean, and
de estas juntas corresponderá también one neutral. The presidency of these
al delegado neurtal.
boards shall also belong to the neu-
tral delegate.
Cuarto.- La junta directiva seña- Fourth.-—The directing board shall
lará los lugares en que deban fun- designate the places where the regis-
cionar las juntas inscriptoras y recep- tration and reception boards are to
toras.
operate.
En todos los demás puntos de de- On all other points of detail the Bil-
talle regirá el protocol Billinghurst- linghurst Latorre protocol shall gov-
Latorre.
ern,
Observaciones
Observations
Primera.- El Perú está dispuesto First.-Peru is disposed to accept
á aceptar el arbitraje para resolver las arbitration in order to settle any dif-
divergencias de opinión que no fuesen ferences of opinion that may not be
conciliables.
reconcilable.
Segunda.- El Perú acepta el voto Second.---Peru accepts the vote of
de los chilenos para dar prueba del the Chileans in order to furnish evi-
deseo que le anima de llegar á un aven- dence of her desire to reach an agree-
imiento, pero no renuncia a la teoría ment, but she does not abandon the
que siempre ha sostenido sobre el theory which she has always held that
derecho exclusivo que corresponde á the exclusive right belongs to the na-
los naturales de Tacna y Arica. Por tives of Tacna and Arica. There-
tanto, si no hubiese acuerdo, la con- fore, if an agreement should not come
cesión actual no podrá estimarse como about, the present concession must
un reconocimiento definitivo.
not be considered as a final recogni-
tion.
Tercera.- Debe tenerse en cuenta Third.-In judging the proposal of
para juzgar la propuesta del Perú el Peru, the fact must be taken into ac-
THE TACNA-ARICA QUESTION, 1883—
1049
hecho de haber trascurrido cerca de count that about sixteen years have
diez y seis años desde que se venció el elapsed since the period of the occu-
plaza de la ocupación.
pation expired.
Cuarta. Habiendo contradicción Fourth.--As there is a discrepancy
entre el propósito que anima al between the purpose animating the
gobierno de Chile para celebrar el Chilean Government to conclude the
acuerdo en cuestión y el que revelan agreement in question and that re-
las medidas adoptadas ó proyectadas vealed by the measures adopted or
contra los residentes peruanos y que proposed against the Peruvian resi-
han motivado las reclamaciones que dents and
and which furnished the
verbalmente ó por escrito ha presen- grounds for the protests presented
tado el gobierno del Perú estima éste orally or in writing by the Peruvian
que esas medidas deben suspenderse, Government, the latter thinks that
revocarse ó quedar sin ejecución. these measures ought to be suspended,
revoked, or left unenforced.
Proposal Regarding the Plebiscite Made by the Peruvian Government,
November 10, 1912 1
De Lima, Noviembre 10
Lima, November 10.
Mi Gobierno desea reanudar con el My Government desires to renew
de V. E. relaciones cordiales y esta- cordial and stable relations with that
bles con el propósito de prosperidad of your Excellency, with the object
nacional y de satisfacer altos inter- both of national prosperity and of the
eses americanos. Animados del an- satisfaction of American interests of
helo de finalizar el conflicto de Tacna importance. Animated by the desire
y Arica propongo a V. E. desde luego to put an end to the Tacna-Arica con-
aplazar hasta 1933 el plebiscito el cual flict I propose to your Excellency that
se celebrará bajo la dirección de the plebiscite shall take place in 1933
mesas formadas por una comision and shall be celebrated under the di-
que procederá en mayoría y que será rection of boards which shall be ap-
compuesta de cinco delegados a saber: pointed by a commission which shall
de dos chilenos nombrados por Chile, proceed by majority vote and which
de dos peruanos nombrados por el shall be composed of five delegates, ,
Perú y del Presidente de la Corte that is to say: two Chilians appointed
Suprema de Justicia de Chile quien by Chile, two Peruvians appointed by
la presidirá. Votarán los nacidos en Peru, and the President of the Su-
1 Chile, Memoria del Ministro de relaciones exteriores, octubre de 1911 - julio de 1914,
p. 283.
1050
DOCUMENTS
Tacna y Arica y los chilenos y los preme Court of Chile, who shall pre-
peruanos que hayan residido tres años side. There shall vote those born in
en el territorio. Todos los votantes Tacna and Arica and those Chilians
deberán saber leer y escribir. Tan and Peruvians who shall have re-
pronto como V. E. me manifeste sided three years in the territory. All
cablegráficamente su conformidad con voters shall be able to read and write.
estos propósitos y los hayamos ratifi- As soon as your Excellency shall have
cado también por cable acreditaremos notified me by telegraph of your ac-
Ministro Plenipotenciario que cola- ceptance of these proposals and as
bore a la inmediata formalización de soon as we shall have ratified them by
este convenio y procure llevar a efecto wire, we will give the necessary cre-
arreglos de comercio y de navegación dentials to our Minister Plenipotenti-
de mutua ventaja.
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.
(Firmado) WENCESLAO VALERA, . (Signed) WENCESLAO VALERA, .
Ministro de Relaciones
Minister of Foreign Relations.
Excmo. Señor Ministro de Rela-
To His Excellency the Minister of
ciones Exteriores.— Santiago.
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,
July 28, 1905 1
•
.
I vissa af de inom Riksdagen af- In certain of the motions proposed
gifna motioner har framhållits, att in the Riksdag it was pointed out that
Sverige icke borde lämna sitt sam- Sweden ought not to give her consent
tycke till unionens upplösning, förr to the dissolution of the union before
än det norska folket fått uttala sig, the Norwegian people had been able
vare sig ett sådant uttalande komme
to express their opinion, whether such
att gifvas, på sätt en motionär ifråga- expression be given, as suggested by
satt, genom nya val till Stortinget one member offering a motion, by
eller, enligt en annan motionärs men- means of a new election to the Stort-
ing, medelst folkomröstning.
ing, or, according to the suggestion
of another, by means of a plebiscite.
Riksdagen anser ock, att i ett The Riksdag is also of the opinion
arende af så utomordentlig räckvidd that in a matter of such extraordinary
som frågan om unionens upprätthål- consequence as the question of the
lande eller upplösning ett säkrare ut- maintenance or dissolution of the
tryck för det norska folkets vilja bör union, a surer expression of the will
gifvas, än som skett genom stortings- of the Norwegian people ought to be
beslutet den 7 juni 1905.
given than occurred through the
Storting's resolution of June 7, 1905.
Hvilkendera af de ifrågasatte for- The Riksdag is of the opinion that
merna för att bereda det norska folket the question of which one of the
tillfälle till uttalande i denna fråga aforementioned methods ought to be
bör väljas, anser Riksdagen böra bero chosen to give the Norwegian people
af Norges eget afgörande. Men tyd- an opportunity for expression upon
ligt synes det Riksdagen vara, att their question should depend on Nor-
från svensk sida icke någon åtgärd ways' own decision.
ways' own decision. But it seems
för unionens uplösning eller för att clear to the Riksdag that from the
lämna erkännande åt den politiska Swedish point of view no measures
1 Unionens Opløsning, p. 293.
1052
DOCUMENTS
ställning, hvari Norge kommit, bör ought to be taken for the dissolution
vidtagas, förrän det norska folket of the union or for taking cognizance
haft tillfälle att gifva otvetydigt ut- of the political situation to which
tryck för sin uppfatning i saken och, Norway has come, before the Norwe-
därest det därvid uttalat sig för un- gian people has had a chance to give
ionens upplösande, framställning i unequivocal expression of its opinion
sådant syfte skett från Norge. Om in the matter, and, in case it expresses
sådan framställning kommer ch om itself in favor of the dissolution of
ur svensk synpunkt tillfredsställande the union, a report to that effect is
öfverenskommelse visar sig kunna received from Norway. In case such
träffas i fråga om de villkor, som report comes and in case it appears
från Sveriges sida måste uppställas that an agreement, satisfactory from
för erkännande af Norge såsom en the Swedish point of view, can be
från unionen med Sverige skild stat, made respecting the conditions which
anser Riksdagen, att Sverige bör vara must be stipulated from Sweden's side
beredt att för sin del medgifva riksak- for the recognition of Norway as a
tens upphäfvande och unionen upp- state disunited from Sweden, then the
lösning.
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.
Vid eventuella förhandlingar hä- In the event of negotiations con-
rom bör med kraft och bestämdhet cerning this, that which consideration
fordras och fasthållas, hvad hänsyn for Sweden's welfare and dignity de-
till Sveriges välfärd och värdighet mands should be forcefully and de-
kräfver.
cisively demanded and insisted upon.
För båda folken måste det vara en For both peoples it must be a mat-
angelägenhet af högsta vikt, att, ter of greatest weight that, in case the
därest unionen upplöses, fred dem union is dissolved, peace should pre-
emellan dock måtte råda för fram- vail between them for the future.
tiden. Därför böra icke anordningar, Therefore negotiations which one
som det ena landet kan uppfatta så- country might interpret as a threat
som ett hot från det andra landets from the other country ought not to
sida, upprätthållas. Fastmer bör en be maintained. Moreover an agree-
öfverenskommelse träffas, hvarige- ment ought to be concluded, by means
nom dylika anordningar äfven for of which such regulations might be
framtiden förebyggas.1
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
1053
Under åberopande af hvad sålunda With reference to what has been
blifvit anfördt, får Riksdagen dels, stated, the Riksdag wishes to an-
under uttalande att Eders Kungl. nounce first, that while stating that
Maj:ts förevarande proposition icke Your Majesty's present proposition
kunnat, sådan den blifvit Riksdagen can not be approved in the form in
förelagd, bifallas, förklara, att Riks- which it was laid before the Riksdag,
dagen icke har något att invända mot in case the newly elected Storting de-
att, därest ett efter nya val tillkommet mands the annulment of the act of
Storting gör framställning om riks- union and the dissolution of the
aktens upphäfvande och unionens union, or in case such a demand pro-
upplösning eller ock sådan framställ- ceeds from Norway after the Norwe-
ning från Norge ingår efter det gian people, by means of a plebiscite,
norska folket genom folkomröstning have pronounced in favor of the dis-
uttalat sig för unionens upplösning solution of the union, the Riksdag
förhandlingar af här ofvan angifven has no objection to make against the
art upptagars; ...
initiation of negotiations of the na-
ture described above;
Stockholm den 28 juli 1905.
Stockholm, July 28, 1905.
Med undersåtlig vördnad
As respectful subjects on behalf of
På Riksdagens vägnar:
the Riksdag:
för Första Kammaren:
for the First Chamber:
GUSTAF SPARRE.
GUSTAV SPARRE
n. V. Talman.
för Andra Kammaren:
For the Second Chamber :
AXEL SWARTLING.
AXEL SWARTLING
n. v. Talman.
Speaker.
Speaker
1
.
Report to the Storting by the Norwegian Department of Justice Recommend-
ing a Plebiscite in Norway. Approved by Resolution of the Norwegian
Governinent of the same Date. July 27, 1905 1
Ved den af forholdene nødvendig- Regarding the extraordinary deci-
gjorte ekstraordinære afgjørelse, som sion necessitated by the circum-
paa nationens vegne er truffet af stor- stances, a decision made on behalf of
tinget gjennem dets beslutning af 7 de the nation by the Storting in its reso-
juni 1905, har nationalforsamlingen lution of June 7th, 1905, the national
optraadt med den beføielse, som er assembly has acted with the authority
hjemlet den ved dens stilling og ved granted to it by its position and by
1 Unionens Opløsning, p. 219.
1054
DOCUMENTS
bevidstheden om at handle under fuld
the consciousness of acting with the
tilslutning og billigelse af det norske full approval and agreement of the
folk,
Norwegian people.
Udenfor Norge har der imidlertid Outside of Norway, however, at-
været forsøgt at reise tvil om tilstede- tempts have been made to arouse
deværelsen af en saadan folkemen- doubts regarding the presence of such
ing. Særelig maa dette tvilsmaal an- a popular opinion. Such a doubt
tages at ligge til grund for de ønsker must supposedly be the basis of the
om yderligere tilkjendegivelse af det desire for a further manifestation of
norske folks vilje og mening, der er the will and opinion of the Norwe-
kommet til orde i den Sveriges riks- gian people, which has been expressed
dag nu forelagte komiteindstilling og in the committee report now laid be-
riksdagens paa grundlag heraf fat- fore the Swedish Riksdag, and a reso-
tede beslutning i anledning af union- lution of the Riksdag adopted on the
ens opløsning og de dermed i forbin- basis thereof with regard to the dis-
delse staaende spørsmaal.
solution of the union and the ques-
tions arising in connection therewith.
Uden for nærværende iøvrigt at Without discussing for the present
indlade sig paa de i den nævnte ind- the conditions mentioned in the said
stilling omhandlede vilkaar eller de
report or the points of departure
derfor angivne udgangspunkter og given and presuppositions given
forudsætninger, finder departemen- therefor, the department finds that
tet, at der en opfordring til snarest there is a demand for removing as
muligt gjennem en folkeafstemning at quickly as possible the unjustified
bortrydde den ubeføiede tvil. I doubt by means of a plebiscite. In
lande, hvor man ikke har tilstræk- countries where sufficient opportunity
kelig anledning til at lære den virke- is not at hand to become acquainted
lige stemning i Norge at kjende, with the real opinion in Norway, the
kunde paastanden om splittelse inden charge of division within the Norwe-
det norske folk vanskeliggjøre eller gian nation might make difficult or
forhale ordningen af det suveræne might delay the regulation of the rela-
Norges forhold til udenverdenen. tion of the sovereign state of Norway
to foreign countries.
En fri folkeafstemning af norske A free plebiscite of Norwegian citi-
borgere angaaende det spørsmaal, til zens concerning the question, upon
hvis besvarelse den nævnte tvil er the answer of which an attempt has
søgt knyttet unionens opløsning, -- vil been made to cast doubt - the disso-
bringe ogsaa fjernt staaende fuld lution of the union will bring com-
klarhed og bortrydde virkningerne af plete clearness even to those at a dis-
de feilagtige opfatninger, som kan tance and will remove the effect of
have gjort sig gjældende i udlandet. the mistaken suspicions which may
THE SEPARATION OF NORWAY FROM SWEDEN, 1905
1055
Og for vore medborgere kan en saa- have arisen in foreign countries.
dan ekstraordinær personlig tilkjende And for our fellow citizens such an
givelse af deres mening og vilje alene extraordinary personal manifestation
tjene til at styrke fædrelandskjælig- of their opinion will only serve to
heden og offerviljen og yderligere strengthen their love of country and
vække deres samfølelse og bevidsthed their spirit of sacrifice, and, further-
om det fælles ansvar.
more, awaken their feeling of solidar-
ity and their consciousness of a com-
mon responsibility.
Departementet vil efter dette fores- Therefore the department proposes
laa, at der foranstaltes en umiddelbar an immediate voting by the citizens
afstemning af de efter grundloven entitled to vote according to the con-
stemmeberettigede borgere om, hvor- stitution over the question whether
vidt de er enige i den iverksatte opløs- they agree to a dissolution of the
ning af unionen.
union which has been undertaken.
Med hensyn til enkelthederne ved With regard to the details of exe-
fremgangsmaaden henviser departe- cution, the department refers to the
mentet til vedlagte udkast til stor- appended draft of the Storting reso-
tingsbeslutning og skal her kun kor- lution and wishes merely to empha-
telig fremhæve følgende :
size briefly the following:
Det vil paa den ene side selvfølge- On the one hand it will of course
lig være nødvendigt, at stemmegiv- be necessary to surround the balloting
ningen omgives med alle de kauteler, with all the safeguards which legis-
som lovgivningen har fundet ønske- lation has considered desirable in or-
lige for at betrygge offentlige valg- der to assure the purity of public elec-
handlingers renhed. Iøvrigt vil det tions. However, it is desirable to
imidlertid være ønskeligt, at ordnin- make the regulations as simple and as
gen gjøres saa enkel og letvindt som easy as possible. This result can best
muligt. Dette kan
Dette kan bedst opnaaes be obtained by having the balloting
derved, at stemmegivningen saavidt take place as much as possible in the
muligt foregaar paa samme maade same manner as at the last election
som ved sidste stortingsvalg. Man for the Storting
foreslaar derfor, at det da benyttede It is therefore proposed to use as a
mandtal lægges til grund, at afstem- basis the census used at that time, and
ningen ligesom dengang paa landet have the balloting done in the coun-
foregaar prestegjældsvis, at der saa- try by parishes as at that time, and to
vidt muligt benyttes de samme lokaler use as much as possible the same halls
og den samme sammensætning af and the same election officials as at
valgstyrerne som dengang o.s.v. that time, etc.
I henhold til foranførte tillader de- With regard to the preceding, the
partementet sig at indstille:
department begs to propose :
1056
DOCUMENTS
At Den norske regjering maa bi- That the Norwegian government
falde og med sin underskrift forsyne approve and append its signature to
vedlagte udkast til en proposition til the appended draft of a proposition
stortinget om afholdelse af en folkeaf-
to the Storting concerning the taking
stemning angaaende spørsmaalet om of a plebiscite regarding the question
ophævelse af foreningen med Sve of the dissolution of the union with
rige.
Sweden.
Den norske regjerings proposition The proposition of the Norwegian
til Norges riges Storting om afhol- Government to the Storting of the
delse af en folkeafstemning an- Norwegian Kingdom concerning the
gaaende spørsmaalet om ophævelse af taking of a plebiscite regarding the
foreningen med Sverige.
question of the dissolution of the
union with Sweden.
Den norske regjering
The Norwegian government pro-
gjør vitterligt: claims:
Ved hoslagt at lade følge gjenpart By enclosing herewith a copy of the ·
af indstilling i sagen fra justis- og report in this matter from the De-
politidepartementet skal Den norske partment of Justice and the Police
regjering indbyde Stortinget til at Department, the Norwegian Govern-
fatte beslutning om afholdelse af en ment shall notify the Storting to
folkeafstemning angaaende spørsmaa- adopt a resolution concerning the tak-
let om ophævelse af foreningen med ing of a plebiscite regarding the ques-
Sverige overensstemmende med ved- tion of the dissolution of the union
lagte udkast
with Sweden in accordance with the
enclosed draft.
Givet i Kristiania den 27 de juli Given in Kristiania 27th day of
1905.
July 1905.
Under rigets segl.
Under the seal of the State
(L. S.)
(L. S.)
CHRISTIAN MICHELSEN,
CHR. MICHELSEN
SOFUS ARCTANDER,
SOFUS ARCTANDER
GUNNAR KNUDSEN,
GUNNAR KNUDSEN
E. HAGERUP BULL,
E. HAGERUP BULE
LOVLAND,
LOVLAND
W. OLSSON,
W. OLSSON
A. VINJE,
A. VINJE
CHRISTIAN KNUDSEN,
CHR. KNUDSEN
HARALD BOTHNER,
HARALD BOTHNER
LEHMKUHL,
LEHMKUHL
K. NORBY,
K. NORBY
kst.
kst.
THE SEPARATION OF NORWAY FROM SWEDEN, 1905
1057
1
Draft of Regulations for the Plebiscite Submitted with the Above Report 1
I
I
Den 13de august 1905 kl. 1 em. Upon the 13th August 1905, at 1
skal for hele riget en folkeafstemning P. M. a plebiscite shall take place for
finde sted, hvorved de, som har stem- the whole Kingdom by which those
meret after grundloven, skal give who are entitled to vote according to
svar paa det spørsmaal, om de er the constitution shall give an answer
enige i unionens opløsning eller ikke. to the question whether they agree to
a dissolution of the union or not.
II
II
Regjeringen anmodes om at træffe The government is requested to
de fornødne forføininger til afhol- take the necessary measures for the
delse af denne folkeafstemning, ved taking of this plebiscite by which the
hvilken de regler, som den gjældende regulations of the laws in force con-
lovgivning indeholder om fremgangs- cerning the mode of procedure at elec-
maaden ved stortingsvalg, finder til- tions of the Storting are given corre-
svarende anvendelse, med de lemp- sponding application with such modi-
ninger, som i det følgende angives. fications as are given below.
III
III
1. Afstemningen foregaar for hver 1. The balloting shall take place in
kjøbstad, paa landet for hvert preste- every town, in the country in every
gjeld, og efter det mandtal, som blev parish and according to the census
istandbragt til sidste stortingsvalg, which was taken for the last election
med de ændringer, som følger af ne- of the Storting, with such changes as
denstaaende forskrifter.
result from the following regulations:
2. I mandtallet stryges de per-
2. In the census are omitted those
soner, som efter dets istandbringelse persons who since the taking of the
er afgaaede ved døden eller har mis- same have died or have lost their right
tet sin stemmeret (grl. § 3, jfr. $50), to vote (Constitution paragraph 3 of
og suspensionsmerke sættes ved dem, J. F. R. p. 50); a mark of suspension
som siden har faaet sin stemmeret shall be placed at the names of those
suspenderet, og saadant merke stryges who have since had their right to vote
ved dem, for hvem suspensionen siden suspended and such mark shall be
er hævet.
erased for those from whom the sus-
pension has since been removed.
3. Den, som ikke er indført i det 3. Any man whose name is not
1 Unionens Opløsning, p. 220.
1058
DOCUMENTS
omhandlede mandtal, fordi han ved found in the state census because at
stortingsvalget i 1903 endnu ikke the time of the election in 1903 he had
havde fyldt 25 aar eller havde været not completed his twenty-fifth year, or
bosat i landet i 5 aar, men som senest had not yet been domiciled in the
paa den for stemmegivningen fast country for five years, but who fulfills
satte dag fylder disse vilkaar, skal, these conditions at the latest upon the
om han besidder stemmeretsvilkaarene day set for the balloting, shall be in-
forøvrigt, indføres i mandtallet, saa- cluded in the census, in case he fulfills
fremt han personlig fremsætter be- the other conditions for voting, and in
gjæring derom hos mandtalsføreren case he personally makes a request to
paa sit bosted iden kl. 8 aften den this effect of the chief of the census
8de august. Andre end de her in the place where he lives at 8 P. M.
nævnte personer, som ikke staar i on the 8th of August. 'Other persons
valgsognets mandtal, kan ikke ind- than those here named who are not
føres i dette
in the census of the electoral district,
can not be included in it.
4. Mandtallet skal uden at gjen- 4. The census lists shall, without
nemgaaes af mandtalsnævnd foran- being examined by the census commit-
staltes udlagt til almindeligt eftersyn tee, be exposed to public view from 8
fra kl.8 morgen til kl.8 aften den A, M. to 8 P. M., on the 10th and 11th
10de og 11te august. I løbet af denne of August. Within this period of
tid maa klager over mandtallets ind- time complaints regarding the con-
hold være indgivne til styret for stem- tents of the census lists must be
memødet (d.e. valgstyret). Mand- handed to the election board. The
talslovens forskrifter om istandhrin- regulations of the census law concern-
gelse af lister og afgivelse af med- ing the making of lists and the giving
delelser vedkommende klagebehand- of information concerning the han-
lingen m.v. kommer paa grund af den dling of complaints, etc., can not be
korte tid for folkeafstemningens af- carried out on account of the short-
holdelse ikke til anvendelse.
ness of time for the taking of the ple-
biscite.
5. Kjendelser angaaende mandtal- 5. Judgments concerning the con-
lets indhold afsiges af stemmemødets tents of the census are rendered by
styre 12te august.
the election board upon the 12th of
August.
6. Stemmeberettiget, som ved sidste 6. A person entitled to vote at the
stortingsvalg var indført i mandtallet time of the last election of the Stort-
for et valgsogn. Som han senere er
Som han senere er ing who was included in the census
fraflyttet, skal afgive stemme i det list of an electoral district from which
nævnte valgsogn. Stemmegivningen he is later removed shall cast his vote
kan da ske uden personligt fremmøde, in the said electoral district. The
THE SEPARATION OF NORWAY FROM SWEDEN, 1905
1059
i hvilket tilfælde de for forfald voting may take place without appear-
gjældende forskrifter finder tilsva- ing in person in which case the regu-
rende anvendelse.
lations concerning absentee voting are
applied.
7. Er valgsognet delt i eller mellem 7. If the electoral district is divided
flere kommuner, skal der i stem- between several communes the election
memødets styre være saa mange med- board shall be made up of as many
lemmer af hvert formandskab, som members from each communal board
det ved stortingsvalget i 1903 var til- as was the case at the election of the
fældet. Er der senere foregaaet del- Storting in 1903.
Storting in 1903. If a division of the
ing af kommune, bestemmer amtman- commune has taken place since then,
den, hvormange medlemmer der skal
the county magistrate decides how
være fra hvert formandskab.
many members there shall be from
Er mandtalsførerens distrikt delt i each. If the district of the chief of
eller mellem flere valgsogne, kan han the census is divided among several
i fornødent fald bemyndige et medlem electoral districts, he may, in case of
af vedkommende stemmemødes styre necessity, empower a member of the
til at forrette for ham i styre, hvori said election board to act for him
han selv ikke kan deltage.
where he himself can not be present.
8. Stemmegivningen bör, forsaa- 8. The balloting should, in case
vidt der ikke besluttes videregaaende further division of the election dis-
deling af valgsognet, saavidt mulight trict is not decided upon, take place so
foregaa i de samme dele af dette og far as possible, in the same parts
paa de samme steder som ved sidste thereof and in the same places as at
stortingsvalg. Hvor den ikke kan the last election of the Storting.
foregaa i samme lokale, bestemmes Wherever it can not take place in the
dette af stemmemødets styre.
same hall the place is decided upon by
the election board.
9. Stemmesedlerne skal kun lyde 9. The ballots shall merely be
paa enten ordet “ja” eller ordet marked either with the word "
yes
“ nei ” (trykt eller skrevet). Er den or “no” (printed or written). If
stemmeberettigede enig i unionens op- the voter agrees to a dissolution of the
løsning, svarer han "ja," er han uen- union he answers
yes,” if he dis-
ing deri, svarer han "nei.” Inde-
nei.” Inde agrees he answers
If the bal-
holder stemmeseddel andet end et af lot contains other than one of these
disse ord, skal den forkastes.
words it shall be rejected.
10. Naar stemmeoptællingen for 10. When the counting of the votes
det enkelte valgsogn er tilendebragt, for the separate electoral districts shall
skal styrets formand uopholdelig (om be finished, the chairman of the board
muligt telegrafisk) sende justisde- shall immediately notify the depart-
partementet indberetning om udfaldet. ment of justice (if possible by tele-
no."
1060
DOCUMENTS
Regjeringen afgiver derpaa snarest graph). The government thereupon
muligt meddelelse til stortinget om notifies the Storting as quickly as pos-
stemmegivningen for hele riget. sible regarding the vote for the whole
kingdom.
11. Regjeringen bemyndiges til at 11. The government is empowered
undfærdige de nærmere forskrifter, to make more detailed provisions nec-
udkræves til afstemningens essary for the carrying out of the bal-
iverksættelse samt til at foreskrive loting as well as to make modifications
lempninger i de sedvanlige regler, for- in the usual regulations, in so far as
saavidt det paa grund af særlige for- it would be fraught with dispropor-
hold vilde være forbundet med ufor- tionate difficulties to follow these
holdsmæssige ulemper et følge disse. regulations on account of special con-
ditions.
som
Circular of Instructions from the Department of Justice to the Registration
Officers and Boards of Election. July 29, 1905 1
Stortinget har under 23de juli sidst- The Storting on July 23 ult. re-
leden fattet beslutning om, at der solved that on the next 13th of Au-
den 13de august førstkommende kl. 1 gust, at 1 P. M., a general popular vote
eftermiddag for hele riget skal finde shall be cast for the whole kingdom,
sted en folkeafstemning, hvorved de, whereby those who have suffrage ac-
som har stemmeret efter grundloven, cording to the Constitution, shall an-
skal give svar paa det spørsmaal, om swer the question if they agree or do
de er enige i den stedfundne opløs- not agree to the dissolution of the
ning af unionen eller ikke. Regjer- Union, which has taken place. The
ingen er anmodet om at træffe de Government has been requested to
fornødne forføininger til afholdelse take the necessary steps towards the
af denne folkeafstemning, ved hvilken casting of this popular vote, in accord-
de regler, som den gjældende lovgiv- ance with the rules legally valid for
ning indeholder om fremgangsmaaden the election of members of the Stort-
ved stortingsvalg, skal finde tilsva- ing, with various modifications, as
rende anveldelse, med forskjellige i stated in the resolution.
beslutningen angivne lempninger.
Denne beslutning er ved regjerin- This resolution has been sanctioned
gens resolution af s.d. befalet tagen by the Government resolution of the
tilfølge og dette departement over- same date, and this Department has
draget at træffe de til afstemningens been charged with the duty of taking
1 Unionens Opløsing, p. 323.
THE SEPARATION OF NORWAY FROM SWEDEN, 1905
1061
iremme fornødne forføininger, de- the necessary steps towards the cast-
runder ogsaa at foreskrive yderligere ing of the vote, and also of prescrib-
fornødne lempninger i de almindelige ing the necessary changes in the or-
regler om fremgangsmaaden ved valg dinary rules for the procedure in case
of elections.
Idet departementet lader følge af- The Department encloses for refer-
tryk af den nævnte stortingsbeslut- ence a copy of the said Resolution of
ning, hvortil henvises, skal man an- the Storting, and requests the Regis-
mode hr. mandtalsføreren om uop- tration Officer to make it public imme-
holdelig at besørge denne paa virk- diately and in the most effective man-
somste maade bragt til almindelig ner, for instance by posting at differ-
kundskab, saasom gjennem opslag ent places and by announcement at
paa forskjellige steder og læsning fra Church service.
kirkebakken.
Departementet skal endvidere til The Department in addition to this
nærmere underretning og veiledning makes the following announcement,
for hr. mandtalsføreren og valgstyret as a further instruction to the Regis-
meddele følgende:
tration Officers and the Board of
Election.
1. Ved afstemningen skal benyttes 1. For the casting of the vote the
det mandtal, som blev istandbragt til census list prepared in 1903 for the
stortingsvalget i 1903. Heri skal election of the Storting shall be used,
foretages de rettelser og ændringer, with such corrections and changes as
som omhandles i stortingsbeslutnin- are mentioned in the Resolution of the
gens III, post 2, hvorhos der i sammes Storting, No. III, article 2. In addi-
post 3 aabnes adgang til indførelse af tion permission is granted by article 3
stemmeberettigede, som siden sidste for the registration of voters, who
stortningsvalgs afholdelse har fyldt 25 have reached the age of 25 since the
aar eller i samme tidsrum har fyldt last election of the Storting, or during
vilkaaret at have været bosatte i riget the same period have filled the condi-
i 5 aar, og som personlig fremsætter tion of residence in the country for
begjæring derom hos mandtalsføreren five years, and who personally submit
paa sit bosted inden kl.8 aften den
a request to that effect to the election
Ide august. Derimod vil der ikke officer at their legal residence before 8
være adgang til at indføre andre per- P. M. August 9. There will be no oc-
soner i mandtallet, altsaa f.eks. ikke casion to enter other persons in the
saadanne, som ved en forglemmelse census list, for instance such as by
ikke kom ind i mandtallet i 1903, eller mistake failed to register in 1903, or
personer, som senere har opnaaet persons who have been rehabilitated
æresopreisning.
since that time.
Hvad angaar stemmeberettigede, As regards citizens of age who have
1062
DOCUMENTS
som siden istandbringelsen af valg- moved from one election precinct to
mandtallet i 1903 er flyttede fra et another since the registration of 1903,
valgsogn til et andet, bliver der ingen no change shall be made in the lists
forandring at foretage i mandtallet i on account of such removal.
anledning af den stedfundue flytning.
2. Den i overensstemmelse med fo- 2. The corrected and supplemented
rannævnte regler udbedrede og sup- registration record, in accordance
plerede mandtal bliver ikke at gjen- with the preceding rules, shall not be
nemgaa af nogen mandtalsnævnd, og revised by any Board of Election;
mandtalslovens § 3 vil følgelig ikke consequently article 3 of the election
for nogen del komme til anvendeelse law will in part not be applied on this
ved denne anledning. Mandtallet occasion. The registration record
skal være udlagt til almindeligt efter- shall be open to public inspection in
syn paa mandtalsførerens kontor fra the office of the registration officer
kl.8 morgen til kl.8 aften den llte from 8 A. M. to 8 P. M. on August 11.
august
3. Klager over mandtallets indhold 3. Complaints of the contents of
maa være indgivne til stemmemødets the registration record must be sub-
styre (3 :det sedvanlige valgstyre) in- mitted to the Board of Election (i. e.
den kl.8 aften den 11te august. Liste the ordinary Board of Election) be-
over dem, som klagerne vedkommer, fore 8 P. M., August 11. No record
behøver ikke at udlægges, ligesaalidt of those affected by the complaints
som de i lovens § 6, sidste led, om- need be exhibited, and the notifica-
handlede underretninger behøver at tions, prescribed in article 6 of the
gives.
law, need not be made.
4. Kjendelser i anledning af ind- 4. Decisions with regard to the
komme klager afsiges af stemmemø- complaints received shall be rendered
dets styre i møde den 12te august. by the Election Board in a meeting on
August 12.
Om styrets afsigelse af kjendelser With regard to decisions of ques-
i stemmeretsspørsmaal foreskriver tions connected with elections it is
som bekjendt mandtalsloven (§ 13, common knowledge that the Registra-
sidste punktum), at mandtalsføreren tion law (article 13, last period) pre-
altid skal være med. Af hensyn her- scribes that the election officer shall
til er det i stortingsbeslutningens III, always be present. On this account
post 7, andet led, bestemt, at mandals- the Resolution of the Storting III,
fører, hvis distrikt er delt i eller mel- article 7, 2d part, decrees that an elec-
lem flere valgsogne, skal have ret til i tion officer, whose district is divided
fornødent fald at bemyndige et med- in or between several precincts shall
lem af vedkommende stemmemødes be permitted in case of need to au-
THE SEPARATION OF NORWAY FROM SWEDEN, 1905
1063
styre til at forrette for ham i styre, thorize a member of the Election
hvori hen ikke selv kan deltage. Board in question to act on his behalf
at a meeting in which he can not him-
self be present.
Stemmemødets styre svarer til det The board of the meeting corre-
i mandtalsloven omhandlede valg- sponds to the board mentioned in the
styre og bestaar saaledes af mandtals- Registration law, consisting of the
føreren (mandtalsførerne) og valg- registration officer (or officers) and
sognets nuværende formænd (jfr. the present selectmen of the election
mandtalsloven § 13). Reglerne om district (cf. the Registration law, ar-
de særskilte valgstyrer (lovens § 14) ticle 13). The rules for special elec-
finder tilsvarende anvendelse, hvor der tion boards (article 14) shall be simi-
foregaar stemmegivning paa flere larly applied where there are several
steder i valgsognet.
precincts in the election district.
Hvor valgsognet er delt i eller mel- Where the election district is di-
lem flere kommuner, skal styret be- vided in or between several munici-
staa - foruden af mandtalsføreren palities the board shall consist - be-
(mandtalsførerne) — af saa mange af sides of the registration officer (or
de nuværende medlenmer af hvert officers) of as many of the present
formandskab, som tilfældet var ved members of the selectmen of each par-
sidste stortingsvalg. Er der senere ish council, as was the case at the last
foregaaet deling af kommune, bestem- election of the Storting. If, since
mer amtmanden, hvormange medlem- then a parish has been divided, the
mer der skal være fra hvert formand- County sheriff (commissioner) will
skab.
decide about the number from each
parish council.
Det er mandtalsføreren, hvem det i It is primarily the duty of the reg-
første linje paaligger at sørge for, at istration officer to see to it that the
stemmemødets styre træder sammen Election board meets in order to elect
for at vælge formand of iøvrigt a chairman and otherwise to start its
igangsætte sin virksomhed. Han bør activity. He shall immediately take
uopholdelig træffe forføining til steps to convene the board, if neces-
styrets sammenkaldelse, i fornødent sary using telegraph, telephone or ex-
fald ved hjælp af telegraf, telefon press.
eller gjennem ekspres.
6. Med hensyn til stederne for af- 6. As regards the polling place, the
stemningens foretagelse er det i stor- Resolution of the Storting prescribes
tingsbeslutningen bestemt, at stemme- that the vote shall, as far as possible,
givningen forsaavidt ikke videre- be cast in the same parts of the elec-
gaaende deling af valgsognet besluttes tion districts and at the same places
1064
DOCUMENTS
af stemmemødets styre eller mandtals- as at the last election of the Storting
føreren — saavidt muligt bør foregaa - provided a further subdivision has
i de samme dele af valgsognet og paa not been decided upon by the Election
de samme steder som ved sidste stor- board or the registration officer. The
tingsvalg. Det ved valget i 1903 building used at the election of 1903
benyttede husrum bør anvendes, hvis shall be used if possible; otherwise the
der nu er adgang til at bruge det; i Election board or the registration of-
andet fald vil det være stemmemødets ficer will select another locality as
styre eller mandtalsføreren overladt near by as possible.
at vælge et andet, saavidt muligt nær-
liggende lokale.
Bestemmelse om yderligere deling Decision with regard to further di-
af afstemningen og om valg af lokale vision of the voting and choice of poll-
bør fattes af valgstyret, hvis dette ing place shall be made by the Elec-
hurtig nok kan sammenkaldes, kun i tion board, if it can be convened
modsat fald af mandtalsføreren. Da
Da quickly enough, otherwise by the reg-
det ar af særlig vigtighed, at deltagel- istration officer. As it is of special
sen i afstemningen bliver mest mulig importance, that the participation in
omfattende, bør stemmegivningen the voting becomes as universal as
deles overalt, hvor adgangen til dels possible, the election should be di-
taglese derved væsentlig kan lettes. vided, wherever this will facilitate the
Bestemmelse om deling og om lokale participation. Decision on division
bør snarest træffes og offentliggjøres. and polling places should be made and
announced as soon as possible.
7. Styret for stemmemødet bør 7. The Election board shall imme-
straks udfærdige indkaldelse til de diately issue the summons to the vot-
stemmeberettigede.
I indkaldelsen anmodes de stemme- In the summons the voters are re-
berettigede om at fremmøde til den
quested to participate in the popular
ved stortingets beslutning af 28de juli vote (referendum] decided upon by
1905 besluttede folkeafstemning for the Storting, July 28, 1905, in order
at stemme om, hvorvidt de er enige i to show by their vote whether they
den sted fundne opløsning af unionen agree or do not agree in the existing
eller ikke.
dissolution of the Union.
Dernæst skal gjøres rede for det Directions shall next be given with
eller de steder, hvor afstemningen regard to the polling place or places,
skal foregaa, for tiden for mødets where the vote is to be cast, the time
begyndelse og for det klokkeslet, da of the opening of the poll and the
stemmegivningen skal være tilende- hour of its finish.
bragt.
Det bør i indkaldelsen bemerkes, at It should be mentioned in the sum-
ers.
THE SEPARATION OF NORWAY FROM SWEDEN, 1905
1065
denne gjælder alle stemmeberettigede, mons that this refers to all voters, en-
som ved stortingsvalget i 1903 var tered in the election record of the dis-
indført i mandtallet for valgsognet, trict at the election of the Storting of
selv om de i mellemtiden har fraflyt- 1903, even if they have moved from
tet dette, men at den omvendt ikke the district in the meantime; but that
gjalder stemmeberettigede, som i it does not on the other hand refer to
dette tidsrum har tilflyttet valgsognet, voters who have moved into the dis-
idet disse maa udøve sin stemmeret i trict during this time, these persons
det valgsogn, i hvis mandtal de stod having to exercise their right of fran-
ved valget i 1903.
chise in the election district, in whose
record they were entered at the elec-
tion of 1903.
I de tilfælde, hvor der skal kunne In those cases, where the vote is to
stemmes paa flere steder i valgsognet, be polled in different places in the
skal indkaldelsen desuden gjøre rede district, the summons shall in addi-
for, hvem der kan stemme paa de tion, announce who shall cast their
forskjellige steder. Ogsaa forsaavidt vote at the various places. The as-
er det stortingsbeslutningens forud- sumption of the Resolution of the
sætning, at det skal komme an paa, Storting is also in this respect, that it
hvor de stemmeberettigede var bosatte depends on where the voters were re-
ved sidste stortingsvalg, ikke paa deres siding at the last election of the Stort-
nuværende bopæl, og indkaldelsen ing, and not where they are living at
bør udtrykkelig gjøre opmerksom her-
present, and the summons should ex-
paa.
pressly call attention to this.
8. Den ved stortingsvalget an- 8. The record employed at the elec-
vendte valgbog bliver ogsaa at benytte tion of the Storting shall be used also
ved folkeafstemningen. Ved stem- at the referendum. The chairman of
memødets begyndelse skal formanden the Board (usual or special) shall at
for styret (det sedvanlige eller særs- the beginning of the election plainly
kilte) give tydelig tilkjende, at mødet announce that the meeting is opened,
er sat, og derefter oplæse grundlovens and he shall then read articles 50–53
$$ 50-53 samt stortingets beslutning of the Constitution, together with the
af 29de juli sidsleden om folkeafstem- Resolution of the Storting of July 29,
ning.
concerning the referendum.
Stemmegivningen finder derpaa The vote is then cast in exact ac-
sted, ganske i overenstemmelse med cordance with the rules of the Regis-
mandtalslovens regler, alene med den tration law, except that the ballot con-
afvigelse, at stemmesedlerne kun skal
tains only the word “Yes," or the
lyde paa enten ordet " Ja” eller ordet word “No” (printed or in writing).
Nei” (trykt eller skrevet). Spe-
Spe- Special attention is called to the fact
cielt bemerkes, at stemmesedlen ikke that the ballot must not be signed.
1066
DOCUMENTS
maa underskrives. Forøvrigt finder Otherwise articles 17-20 of the Reg-
SS 17–20 i mandtalsloven tilsvarende istration law are followed, and also
anvendelse, ligesaa $ 22, hvorved article 22, whereby it is to be ob-
merkes, at stemmeseddel, som inde- served, that a ballot containing any-
holder andet end ordet “Ja” eller thing but the word “Yes” or the
ordet“ Nei,” skal forkastes.
word “No” shall be rejected.
9. Forsaavidt ikke de fra departe- 9. In case the envelopes carrying
mentet afsendte konvolutter med of- the official seal, which have been for-
fentligt stempel kommer stemmemø- warded by the Department, do not
dets styre ihænde tidsnok til at benyt- reach the Board early enough to be
tes ved afstemningen, vil styret have used at the voting, the Board will have
at træffe forføining til selv at an- to procure a sufficient number of en-
skaffe konvolutter i tilstrækkeligt an- velopes. Where it is at all possible
tal. Hvor det paa nogen maade er the envelopes should be entirely alike
gjørligt at drage omsorg herfor, bør as to size, shape and color, and they
konvolutterne være aldeles ens i stør- must under no circumstance be trans-
relse, form og farve, ligesom de un- parent.
der enhver omstændighed maa være
ugjennemsigtige.
De ved afstemningen tiloversblevne The sealed envelopes not used at the
stemplede konvolutter bliver ikke at voting, need not be returned to the
tilbagesende til departemenetet. Department
10. Med hensyn til fraværendes 10. With regard to ballots for-
indsendelse af stemmeseddel med for- warded by absent voters, accompanied
faldsanmeldelse gjælder forskrifterne by statement of legal excuse, the rules
i mandtalslovens § 23, jfr. tillægsltov of the Registration la
of the Registration law, article 23, are
af 10de mars 1903, se ogsaa lovens to be applied. (Cf. supplementary
§ 26. Paa grund af de extraordi- law of March 10, 1903, also article
nære forhold har departementet med 26 of the law.). The Department
hjemmel af stortingsbeslutningens III, has on account of the extraordinary
post 11 bestennt, at forfaldsanmel- circumstances, with the sanction of
delse i de samme former ogsaa skal the Resolution of the Storting III, ar-
kunne indsendes af personer, som ticle 11, decided that statements of
midlertidigt opholder sig i udlandet. legal excuse shall also be accepted
from persons who are temporarily
sojourning abroad.
Stemmeberettiget, som ved sidste A qualified voter, who at the last
stortingsvalg stod indført i mandtallet election of the Storting was registered
for et valgsogn, som han senere er in a district from which he has moved
fraflyttet, skal som oven anført lige- later, shall, as mentioned above, cast
fuldt afgive stemme i nævnte valg- his vote in said district; but he may
THE SEPARATION OF NORWAY FROM SWEDEN, 1905
1067
sogn; men han har adgang til at gjøre do this without personal appearance
det uden personligt fremmøde, i at the polls, in which case the rules
hvilket tilfaelde de for forfald gjael- covering valid excuse will apply corre-
dende forskrifter finder tilsvarende spondingly.
spondingly. That is to say he will
anvendelse. Han vil altsaa i følge- have to explain his removal.
brevet have at redegjøre for flytnin-
gen.
Endvidere vil man henlede opmerk- Attention is further called to the
somheden paa, at hvor der inden et fact, that in case of change of resi-
valgsogn paa landet er foregaaet flyr- dence inside of the election district in
ning, saaledes at den stemmeberet- the county, when a qualified voter has
tigede er fraflyttet den egn i presteg- moved from the section of the parish
jældet, ved hvis særskilte valgting at whose separate precinct he cast his
han i 1903 afgav stemme, of nu bor vote in 1903, and at present lives in
i en anden egn i samme prestegjæld, another part of the same parish, said
vil han ikke behøve at møde personlig person need not appear personally at
paa stemmegivningsstedet for den egn, the polling place of the section he has
som han er fraflyttet, og han vil da left. He may in other words, for-
altsaa kunne stemme med forfaldsan- ward his ballot as mentioned above.
meldelse som nævnt. Derimod vil
han under samme forudsætning i by
have at stemme personlig i den kreds,
hvor han tidligere har boet.
11. Med hensyn til bedømmelsen af 11. If, however, he resides in a
forfald anser departementet det som
city, he shall under the same supposi-
en selvfølge, at denne ved nærvænde tion cast his vote personally in the
leilighed maa foregaa paa lempelig precinct where he lived before. With
maade, saavel paa grund af aarstiden, regard to legal excuse the Department
som fordi de stemmeberettigede kun regards it as self-evident that on this
faar meget kort varsel til folkeafstem- occasion the interpretation of the law
ningen. Derimod maa man selvføl- will be lenient; this is owing both to
gelig paase strengt overholdt de regler the character of the season and to the
i mantalsloven, som tilsigter at be- very short notice given of the popular
trygge valgets renhed.
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. Reglerne i mandtalslovens $$ 12. The rules laid down in articles
27–32 samt $$ 36 og 37 finder tils- 27–32, 36 and 37 of the registration
varende anvendelse ved folkeafstem- law will find corresponding applica-
ningen. Kan stemmegivningen ikke tion at the referendum. If the voting
1068
DOCUMENTS
09.
tilendebringes den 13de august, fort- can not be finished August 13, it is to
sættes dan næste dag til det klokkes- be continued the next day until the
let, som valgstyret bestemmer, og hour set by the Election board, and in
finder isaa fald reglerne i mandtals- that case the rules of article 39 cover-
lovens § 39 om ret til arbeidshvile an- ing the right of proper rest between
vendelse.
working hours are to be applied.
Naar stemme optællingen for valg- When the votes for the election dis-
sognet er tilendebragt, vil stemmem- trict have been counted the Election
dets styre have at indføre i mødets bog board shall enter in the record of the
(valgbogen), hvormange stemmer der meeting (the election record) how
er afgivet, som lyder paa " Ja” og
og many votes of “Yes” and votes of
hvormange, som lyder paa “Nei.” No” have been cast.
Styrets formand skal derpaa uop- The chairman of the Board shall
holdelig paa hurtigste maade, om mu- immediately in the quickest manner,
ligt ved telegraf, sende justisdepart- if possible by wire, forward to the
mentet indberetning om afstemnin- Department of Justice an account of
gens udfald. Han skal i indberet- the result of the vote. He shall also
ningen ogsaa meddele antallet af de in his report give the number of quali-
stemmeberettigede, som staar i valg- fied voters as shown by the record,
sognets mandtal, og hvis stemmeret and whose right of citizenship has not
ikke er suspenderet; derhos skal han been lost. He shall further state how
meddele, hvormange stenmesedler af- many votes cast by persons present or
givne af mødende eller fraværende absent were rejected.
der er blevne forkastede af styret.
Endelig skal formanden snarest mu- The chairman shall finally, as soon
ligt efter mødets afslutning indsende as possible after the meeting, forward
til justisdepartementet en bekræftet to the Department of Justice a sworn
afskrift af det, som blev bogført paa copy of the record of the meeting.
inødet.
13. Der er ved stortingsbeslutnin- 13. In the Resolution of the Stort-
gens III, post 11, givet regjeringen ing III, article 11, the Government
bemyndigelse til at foreskrive lemnp- has been authorized to prescribe modi-
ninger i de opstillede regler, forsaa- fications of the rules in so far as, on
vidt det paa grund af særlige forhold account of special conditions, their
vilde være forbundet med uforholds observance would involve unusual in-
maessige ulemper at følge disse. Ved conveniences. This Department is,
regjeringens resolution er dette de- by resolution of the Government au-
partement bemyndiget til paa regje- thorized to make such decisions on its
ringens vegne at traeffe disse afgjør- behalf. Where special conditions
elser. Der vil derfor være adgang seem to demand it, it will then be pos-
til, hovor særlige omstaendigheder sible to make application to this De-
THE SEPARATION OF NORWAY FROM SWEDEN, 1905
1069
maatte gjøre det paakrævet, ved an- partment - if necessary by wire —
dragende til dette departement - in order to secure modifications of the
somi fornødent fald kan sendes tele- existing rules. An instance of this
grafisk — at søge udvirket lempninger kind has been suggested by the com-
i de ellers gjældende regler. Af saa- mittei' 'f the Storting, viz. to use a
danne lempninger er af stortings- couple vf hours in the morning, before
komiteen antydet at benytte et par church service, for the casting of the
morgentimer før gudstjenesten til vote.
stemmegivningen.
14. De særlige udgifter, som af- 14. Special expenses, caused by the
stemningens iverksættelse maatte carrying out of the referendum will
paadrage, vil blive godtgjorte af stats- be borne by the Treasury according to
kassen efter regning til nærværende bill rendered to this Department. It
departement. Man forudsætter, at is taken for granted that all concerned
der af alle vedkommende vil blive vist will take care to restrict the expenses
al ønskelig omhu for at begrænse ud- in a reasonable degree.
gifterne til, hvad der er rimeligt.
Kristiania den 29de juli 1905.
Kristiania, July 29, 1905.
E. HAGERUP BULL,
E. HAGERUP BULL,
G. HALLAGER.
G. HALLAGER.
Circular of the Department of Ecclesiastical Affairs to the Clergy. July 29,
1905 1
I anledning af den folkeafstemning, In connection with the referendum
som er bestemt at skulle finde sted which is ordered to take place in the
over det hele land søndag den 13de entire country Sunday August 13, at
august d.s.kl. 1 eftermiddag, skal man 1 P. M., you are requested to so ar-
anmode Dem om at indrette gudstjen- range the service that day, that it will
esten den dag saaledes, at den kan be finished in good time before that
være afsluttet i betimelig tid før hour and consequently to avoid, as
nævnte klokkeslet, og derfor bl.a. saa- far as possible, appointment of min-
vidt muligt søge undgaaet, at minis- isterial business for that day. If this
terielle forretninger berammes til den can not be entirely observed such busi-
dag. Lader dette sig ikke helt gjøre, ness should in sufficient degree be
bør de ialfald i fornøden udstrækning postponed until later in the day.
henlaegges til en senere tid paa dagen.
Hvor hovedkirken benyttes som
Where the main church is used as
1 Unionens Opløsning, p. 326.
1070
DOCUMENTS
afstemningslokale, bør gudstjeneste polling place, the service should be
forrettes i den. Hvis ellers den kirke, held there. If, however, the church
hvor gudstjeneste skulde holdes, er in which service was to be performed,
saaledes beliggende i forhold til nær- is so located with reference to the
meste afstemningslokale, at det kan nearest polling place, that the service
forudsees, at gudstjenestem vil hindre is likely to interfere with participation
deltagelsen i afstemningen, anmodes in the referendum, you are requested
De om istedetfor forretningen i kirken to have a short service at the polling
at afholde en kort gudstjeneste i afs- place, or one of them — if there are
temningslokalet eller, hvor der er flere several -- instead of the church sery-
saadanne, i et af disse. Uopsættelige ice.
ice. Unavoidable ministerial busi-
ministerielle forretninger faar da ness will then also in this case have to
ogsaa i dette tilfælde udføres i kirken be attended to in the church at a later
paa en senere tid af dagen.
hour of the day.
Kristiania den 29de juli 1905.
Kristiania, July 29, 1905.
CHRISTIAN KNUDSEN,
CHRISTIAN KNUDSEN,
HANS GRUNDT.
HANS GRUNDT.
Report of the Norwegian Department of Justice Regarding the Plebiscite
Held August 13/21, 1905 1
man
Med hensyn til afstemningens With regard to the carrying out of
iverksættelse bemerkes, at nærvae- the balloting it may be remarked, that
rende departement allerede sainme this Department notified the out-of-
aften, som propositionen var bifaldt town county magistrates by telegraph
af stortinget og dettes beslutning of the resolution of the 7th the same
herom tilfølgetaget, telegrafisk gjorde evening that the proposition was ap-
de udenbys amtmænd bekjendt med proved by the Storting and its resolu-
beslutningen. Samtidig
Samtidig bad tion concerning it passed. At the
foreløbig underretning derom snarest same time we requested that all of the
- i fornødent fald pr. telegraf eller chiefs of the census in the county in
telefon — meddelt samtlige mandtals- question should be immediately noti-
førere i vedkommende amt med an- fied -- if necessary by telegraph or by
modning om uopholdelig at bringe det telephone — and be requested imme-
til almindelig kundskab paa virksomste diately to make the matter publicly
maade, navnlig ved læsning fra kirke- known in the most effective manner,
bakken, om muligt allerede førstkom- namely, by proclamation from the
1 Unionens Opløsning, pp. 304, 310.
THE SEPARATION OF NORWAY FROM SWEDEN, 1905
1071
mende søndag (30te juli). Man church steps, if possible, upon the first
gjorde i denne foreløbige meddelelse Sunday (July 30). In this tempo-
opmerksom paa, at afstemningen rary notification attention was called
skulde foregaa efter det til stortings- to the fact that the balloting was to
valget i 1903 ictandbragte mandtal. take place according to the census lists
compiled for the election of the Stort-
ing in 1903. ..
Den følgende dag - den 29de juli The following day — 29th July -
- udfærdigede departementet til the department prepared a circular to
samtlige mandtalsførere og valgstyrer all the chiefs of the census and elec-
en rundskrivelse, hvori man nærmere tion boards, in which further informa-
redegjorde for indholdet af stortingets tion was given concerning the content
beslutning angaaende folkeafstemn- of the Storting resolution concerning
ingen og gav fornøden veiledning med the plebiscite and in which necessary
hensyn til fremgangsmaaden ved guidance in regard to the manner of
denne m.v.
Man vedlagde rundskri- procedure, etc., was given, to which
velsen aftryk af stortingetsbeslutnin- circular was appended a copy of the
gen til opslag og omdeling omkring i resolution of the Storting to be posted
distriktet, samt — til opslag i og ved and distributed throughout the dis-
valglokalerne — plakater indeholdende trict, as well as public placards, to be
forklaring om, hvorledes stemmesed- posted in and nearby the election halls,
delen skulde lyde (enten ordet " ja " containing explanations regarding the
eller ordet "nei"). I rundskrivelsen wording of the ballots (either the
bad man specielt paaseet strengt over- word “yes” or the word "no"). In
holdt de regler i mandtalsloven, som
the circular was contained a request
tilsigter at betrygge valgets renhed. 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.
Ved den afholdte folkeafstemning At the plebiscite which was taken,
har der været afgivet stemme af 371, 371,911 citizens having the right to
911 stemmeberettigede borgere, nem- vote cast their votes, 281,468 in the
lig af 281,468 i landdistrikterne og af country districts and 90,443 in the
90,443 i byerne. Af de afgivne stem- city. Of the votes cast, 3519 were
mer blev forkastet 3,519 (henholdsvis rejected (1612 and 1907 respective-
1,612 og 1,907), medens 368,392, ly), whereas 368,392, of which 279,-
nemlig 279,856 i landdistrikterne og 856 in the country districts and 88,536
88,536 i kjøbstæderne, blev god- in the cities, were cast. Of this 368,-
kjendt. Af de sidste lød 368,208 paa 208 read “
208 read “yes” and 184 read
ja, 184 paa nei. .
no.”
1072
DOCUMENTS
Fordelt paa landdistrikterne og Divided among the country districts
kjøbstæderne stiller disse tal sig saa- and the cities, these numbers show
ledes, at der blev afgivet
that
i kjøstæderne 88,473 pa-stemmer, In the country districts there were
mer, 121 nei-stemmer,
cast 279,735 votes in the affirmative,
121 in the negative.
i kjøbstæderne 88,473 ja-stemmer, In the cities there were cast 88,473
63 nei-stemmer.
affirmative votes; 63 negative votes.
Idet man forøvrigt henviser til ined- While referring for the rest to the
følgende tabeller 1-3, skal man til accompanying tables 1 to 3, we re-
sammenligning anføre, at medens de mark for the sake of comparison, that
ved folkeafstemningen den 13de au- while the votes cast at the plebiscite
gust 1905 afgivne stemmer udgjør on August 13, 1905, constitute 85.4
85, 4 pct. af de stemmeberettigede, per cent of those entitled to vote, the
var det tilsvarende tal ved stortings- corresponding number at the election
valget i 1903 alene 55,5 pct. Det skal of the Storting in 1903 was only 55.5
tilfoies, det samtlige opgaver over
It should be added that all
antalt of stemmeberettigede, saavel
saavel the lists of the number of those en-
i 1905 som i 1903, gjælder de ef- titled to vote in 1905, as well as 1903,
fektive stemmeberettigede, idet alle de, include only the active voters, since
hvis stemmeret var suspendert, er those whose right to vote had been
trukket fra.
suspended had been subtracted.
I henhold til det anførte tillader With respect to the above we beg to
man sig at indstille:
propose:
At en gjenpart af næværende That a copy of the above report
foredrag om den den 13de august concerning the plebescite taken on Au-
1905 afholdte folkeafstemning m.v. gust 13, 1905, be laid before the
bliver at tilstille stortinget.
per cent.
1
Storting.
1 The further official totals as given in Table 3, p. 322, are:
Number entitled Number
to vote
voting Per cent Rejected
Accepted
435,376
371,911
85.4
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.
midst of French departments, 34; people
Abercromby, British representative at Turin, enjoy privileges of French citzenship, 34;
61n, 62.
France claims title to, 34, 35; Papal title
Adrianople, Treaty of (Russia and Turkey, to, 34, 35–6; French revolution spreads to,
September 14, 1829), 102.
34; their union with France proposed by
Aix-la-Chapelle, Treaty of (1748), 43.
neighboring French departments, 35; pro-
Aldunate, Señor (Chile), 157, 162.
test of Comtat against union, 35; Avig-
Alfred, Prince of England, 128.
non petitions union with France, 6, 35;
Alsace-Lorraine, 1, 21, 24n, 31, 56.
Constituent Assembly of France decides
Alvarez, Alejandro (Chile), 26.
against union without vote of the people,
American Civil War, 150.
36;. civil war, 36; Avignon votes for union
American Peace Commission (1898), 25n. with France, 36; French Assembly votes
Anierican Revolution, 4
against annexation, 36; French mediation
Amiens, Treaty of (1802), 122.
to end civil war, 37; peace (Preliminaries
Ancon, Treaty of (Chile and Peru, October of Orange), 37; plebiscite, 37-8; vote for
20, 1883), 2, 20, 26, 157, 158, 160, 161, 162, union with France presented to French
text, 992.
Assembly, 38; report of the Committee on
Anselme General (France), 43, 44.
Avignon, 38; vote a matter of contro-
Antonelli, Cardinal, 95.
versy, 39; Pope relinquishes all rights in
Apenrade Resolution, 147.
favor of France (Treaty of Tolentino),
Arbitration (Tacna-Arica dispute), 157, 159, 40. Documents, 173 et seq. See also
161, 163,
Treaties.
Arequipa, Bishop of, 164.
Arica. See Tacna-Arica Question.
Balance of Power, 17, 20.
Arnim, von (Prussia), 11, 135, 136, 142. Balsche, Turkish regent over Moldavia, 110,
Arthur, President of the United States, 157. 111.
Audinet, Eugène, 22.
Barnave (France), 35n.
Augustenburg, Duke of, 138, 141, 142.
Béclard, French consul at Bucharest, 109.
Austria, 11, 12, 15, 17, 32; and Belgian Com- Belgian Communes (Brussels, Hainault, Na-
munes, 45 et seq.; and France, 7, 45, 79; mur, Louvain, Malines, Tournai, Ypres,
and Ionian Islands, 123, 128–9, 131; and Ghent, Liège, Mons, Charleroi, Grammont,
Italian duchies (1848), 58 et seq.; and Brabant), 1, 8; French military invasion,
Italian duchies (1859), 65 et seq.; and 45; French victory of Jemappes (1792),
Italian duchies (1860–70), 72 et seq.; and 45; French proclamation asserting Belgian
Italy, 97; and Lombardy, 13, 58 et seq.; sovereignty, 45; French machinations look-
64; and Moldavia and Wallachia, 18, 101 ing toward annexation, 46–51; Belgian pe-
et seq.; and Parma, 64; and Piacenza, 64; tition to French Convention, 46; French
and Schleswig-Holstein, 1, 16, 19, 132 et commissioners to, 46, 47, 48; French de-
seq., (mediation) 140; and Tuscany, 65 et cree providing for provisional government
seq.; and Umbria and Marches, 95; and and elections, and prejudging union withi
Venetia, 63, 64, 96–7. See also Treaties. France, 46–7; Belgian protest against
Austrian Netherlands. See Belgian Com- French decree, 47; plans for Belgian Na-
munes.
tional Assembly, 47; Belgian national com-
Avignon and Comtat Venaissin, 1, 6; under missioners, 48; elections ordered, 48, 50;
dominion of Holy See, 33; an enclave in 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
INDEX
government of 1790, 48; Liège and dis-
tricts vote for union with France, 49, 50;
annexation of Liège 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 seq.
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 et
seq. See also Treaties.
Bollène, Commune of, 40n.
Boncompagni, Sardinian Commissioner in
Tuscany, 68, 69, 74.
Bonfils, Henri, 24.
Bouche (France), 36n.
Bourdois, French agent to Belgian Com-
munes, 46n.
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, Count (Austria), 105,
106.
Burgundy, 3.
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, 87,
88, 89, 90, 91, 94, 96.
Cazales (France), 3611.
Cecil, Lord Robert (Great Britain), 118.
Cephalonia. See Ionian 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, 48n, 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, 29n.
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,
7.32; 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.
Cabouat, Jules (France), 22.
Caderousse, Commune of, 39n.
Cadorna, General (Italy), 98, 99.
Calderon, President of Peru, 157, 158.
California, 22.
Calvo, Carlos, 26.
INDEX
1077
Couza, Prince Alexander (Moldavia and
Wallachia), 18, 119, 120, 121.
Cowley, Lord (Great Britain), 12, 18, 80,
105n, 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, 150n.
Danton (France), 41, 47, 48, 49.
Danubian Principalities (see also Moldavia
and Wallachia; European Commission for
Danubian Provinces), 11, 12, 18, 19.
Dauphiny, 42n.
Decazes, Duke (France), 23n.
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 seq.; 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), 105n.
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, 42n.
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.
Flanders, Count of, 121.
Florida, 22.
Forster, French Commissioner to Rhinc 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 seq.; and
Mülhausen, 55–6; and Nice, 43 et seq., 75 et
seq.; and Rhine Valley, 51 et seq.; and
Rome, 98 et seq.; and St. Bartholomew,
155-6; 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, 96n.
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-
inents, 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; Hanover, annexation to Prussia, 19.
Prussia; Treaties), 10, 13, 19, 20, 21, 31, Hatzfeld, Count von (Prussia), 118.
56; and Mülhausen, 55-6; and Rhine Val- Haussmann, French Commissioner to Rhine
ley, 55.
Valley, 53, 54; report of, 55.
Ghent, 47. See also Belgian Communes. Hawaiian Islands, 25n.
Ghika, Prince Alexander (Turkish Regent Hawley, Rev. Charles, U. S. confidential rep-
over Wallachia), 110, 111.
resentative in Danish West Indies, 153,
Gladstone, 67, 117, 118, 125, 126, 127, 130.
154.
Gioberti (Italy), 65.
Hayes, President of the United States, 157.
Goltz, von (Prussia), 140.
Heffter, A. W., 23.
Gortchakoff, Russian Minister at Vienna, 11, Heimweh, Jean, 22, 87.
103, 104.
Henry II, King of France, 3.
Gossouin, French Commissioner to Belgian Henry III, King of England, 2.
Communes, 48.
Hesse, annexation to Prussia, 19.
Graglia, Sardinian Commissioner of Educa- Holstein. See Schleswig and Holstein.
tion, 85.
Holtzendorff, Fr. von, 23.
Grammont. See Belgian Communes.
Holy Alliance, 10.
Great Britain, 1, 12, 15, 17, 25, 32; and Cri- Holy See (see also Papal domination), 33,
mean War, 103; and Danish West Indies, 40, 164; and Avignon and Comtat Venais-
150; and Ionian Islands, 122 et seq.; and sin, 33 et seq.
Italian national assemblies, 67–74 passim, Hübner, Baron (Austria), 1051.
and Italian plebiscites (1848), 60-5 passim, Huneesis-Valera Agreement (Peru and
and Italian plebiscites (1860–70), 72–96, Chile), 164.
passim; and Italy, 96; and Moldavia and
Wallachia, 101 et seq.; and Napoleon III, Iglesias, General (Peru), 158.
79; and Schleswig-Holstein, 135 et seq., Iglesias-Novoa protocol (Peru and Chile,
(mediation) 140; and Sicily and Naples, 1883), 158, text, 991.
90, 94n; and Umbria and the Marches, International law, 9n, 20, 156.
95–6. See also Treaties.
International law authorities on plebiscites,
Greece, 1, 15, 16, 20; and Ionian Islands, 122
et seq.; war of independence, 123, 124; Ionian Islands (Corfu, Cephalonia, Ithaca,
Powers guarantors of kingdom, 127 ; ex- Santa Maura, Zante, Cerigo, Paxo), 1, 15,
pulsion of King Otto, 127; Prince George 25; history prior to 1815, 122; recognized
of Denmark elected king, 128. See also as a republic by Treaty of Paris (1815),
Treaties.
123; British protectorate instituted, 122,
Grégoire, French Commissioner to Rhine 123; rise of party for union with Greece,
Valley, 53, 54; report on Savoy, 43.
124; election reforms of British Lord High
Gregory X (Pope), 34.
Commissioner (1849), 124; protectorate
Grillon, 40n.
in disfavor, 124; Cephalonia uprising, 125;
Grivaz, 87.
British mission to islands (1859), 125;
Grotius, 4, 26.
22 et seq.
Gladstone appointed as Lord High Com-
Guastalla, Duchy of, 64.
missioner, 126; Ionian Assembly declared
Guéronnière, de la, 22.
for union with Greece, 126; petition of Ion-
Guienne (France), 2.
ian Assembly to the Queen, 126; Gladstone
resigns, 126; Queen refuses request for
Hague Convention for pacific settlement of union with Greece, 126; prorogation of
international disputes (Article 39), 164n. Ionian Assemblies, 127; expulsion of King
Hague Peace Conference of 1907, 164.
Otto of Greece, 127; election of Prince
Hague Tribunal, 168.
George of Denmark as King of Greece,
Hainault, 46, 47. See also Belgian Com- 128; Great Britain agrees to cede islands
to Greece, 128; new Ionian Assembly con-
Hall, W. E., 25.
voked to vote on union, 129; electoral qual-
Hannibal, 42n.
ifications for new parliament, 129; electoral
munes.
INDEX
1079
,
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
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 seq.
See Lombardy, Modena, Parma, Piacenza,
Romagna, Tuscany.
Italian Plebiscites (1848), 58 et seq. 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.
Emilia.
Lebæuf, General (France), 97.
Le Brun, French Minister of War, 454, 46.
Légion allobroge (Savoy), 43.
Legitimacy, principle of, 10, 13, 17.
Lehman (Denmark), 134.
Le Scène des Maisons, French mediator at
Orange, 37, 38n, 40n.
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, 60n;
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, 6111; 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, 241, 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.
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), 52n.
Kiel, Treaty of (Denmark and Sweden, Jan-
uary 14, 1814), In, 165n.
Kissilef, Count (Russia), 118.
Klein Winternheim (Rhine Valley), 52n.
Lacascade, French Deputy, 156.
Lackawanna, U. S. S., 157.
La Farina (Italy), 62, 65, 73.
Laity, Senator, French agent in Savoy, 85.
Madrid, Treaty of, 3.
Malaussena, Syndic of Nice, 82.
Malines, 47. See also Belgian Communes.
1080
INDEX
Mamiani, Member Sardinian Chamber, 27,
82.
Mancini, 27.
Manin, President of the Republic of Venice,
63, 65.
Manteuffel, Prussian Minister for Foreign
Affairs, 105n.
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, 341, 387.
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, 391.
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 Mülhausen, 56.
Meunier, de (France), 36n.
Mirabeau (France), 35n.
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
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.
et seq.
Modenheim (commune of Mülhausen), 55.
Moldavia and Wallachia, 12, 18; separate
INDEX
1081
Montluc, L. A. de, 22.
Montmorin, Count de (France), 5n.
Mordini, Pro-dictator of Sicily, 91, 92.
Mülhausen, self-governing state, 55; com-
munes (Ylzach 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 et 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.
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.
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), 52n.
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 Mülhausen 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), 105n.
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
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 seq.;
and Savoy and Nice, 79; and Schleswig-
Holstein, 132 et seq., (mediation) 140; and
Umbria and the Marches, 95; and Venetia,
96. See also Treaties.
Pufendorf, 4, 26.
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 seq., text
of protocols, 732 et seq.
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 Ionian Islands.
Peace Commission, American (1898), 25n.
Peace Conference of 1919, 148n, 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 seq., 489 et seq.
Piedmont (Kingdom of Sardinia), 14n, 43,
58n. See also Sardinia.
Pierantoni (Italy), 27.
Pilo, Rosalino, agent of Mazzini (Young
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), 601.
Popular sovereignty, 8, 9, 11, 19.
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, 231.
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 Ionian Islands, 122 et seq.;
and Moldavia and Wallachia, 101 et seq.;
and Savoy and Nice, 79; and Schleswig-
Holstein, 135 et seq., (mediation) 140; and
Umbria and the Marches, 95. See also
Treaties.
Ryswick, Treaty of (1697), 4.
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 seq.; and Modena,
646; and Nice, 43 et seq., 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 seq.; and Tuscany, 65 et seq.; and
Umbria and the Marches, 94 et seq.; and
Venetia, 58 et seq., 96 et seq.
Savoy, 1, 7, 8, 14, 15, 22, 29, 32; part of king-
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
1084
INDEX
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), 14n, 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,
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, 39n, 40n.
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), 25n.
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.
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, 29n.
Sweden (see also Norway and Sweden;
Treaties), 2, 17, 20, 23; Treaty of Kiel and
annexation of Norway, 9n; separation of
Norway, 165 et seq.; 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 seq.
Tahiti Chiefs (St. Bartholomew), 23.
Talleyrand (France), 9, 107.
Tarapacá (Peru), 156, 157.
Texas, 22, 29.
Thiers, 21n, 24n.
Thouvenel (France), 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), 25n.
Toul, annexation to France, 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), 411; 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 (10-
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
INDEX
18, 1895 (uncompleted secret treaty), 160,
text, 997; Chile and Bolivia, September 23,
1902 (boundaries), 161, 162; Chile and Bo-
livia, October 20, 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), 150n; 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), In, 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, et 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 Mül-
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
24, 1860 (Treaty of Turin), 1, 75, 79,
text, 566; France and Sweden, August
10, 1877 (St. Bartholomew), 23n, 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 30,
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 (10-
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), In, 165n; Sweden
and France, August 10, 1877 (St. Bartholo-
mew), 23n, 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), 351, 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 et
seq., 499 et seq.
Umbria, 1, 14; liberated from Papal dom-
ination by Piedmont (Sardinia), 94; pleb-
iscite proclaimed regarding union 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
INDEX
Uti possidetis, 96.
Utrecht, Treaty of (1713), 4n.
Valera-Huneesis agreement (Peru 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 et
seq., 679 et seg.
Venetian Republic and Ionian Islands, 122.
Verdun, annexation to France, 3.
Verninac-Saint-Maur, French mediator at
Orange, 37.
Vial Solar-Jiménez Negotiations (Tacna-
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.
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 (July 11,
1859), 13, 66, 75, 77, text, 441.
Villamarina, Marquis of (Sardinia), 105n,
118.
Villeneuve, Pétion de (France), 36n.
Virginia, 29n.
Vogorides, Turkish regent over Moldavia,
111, 113, 114, 115, 119.
Walewski, French Minister for Foreign Af-
fairs, 105, 118.
Wallachia, 12, 18. See also Moldavia and
Wallachia.
Wattel (Liège), 49n.
West Indies, 23, 25. See also St. Bartholo-
mew; St. Thomas, St. John and St. Croix.
William, Prince of Denmark and King
(George I) of Greece, 128.
Wöllstein (Rhine Valley), 52n.
Woolsey, Theodore, 26.
Worms (Rhine Valley), 52, 53, 54.
Yeaman, American Minister at Copenhagen,
150, 151, 152, 153, 154.
Ylzach (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.
JUN 2 1920
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