Page images
PDF
EPUB

centre of the waters of the Kiel-Busen as the line of demarcation, half the city and fortress of Rendsburg, and all the country north of the Eider. The Germans, on the other hand, also Fehmarn and the whole of the Kiel-Busen. They take the north bank of the Eider as the line of demarcation, including a piece of the old bed of the river east of Rendsburg, and beyond the present canal. They claim the right to fortify Friedrichsort on the north bank of the Kiel-Busen. They insist on having the whole of Rendsburg, with a large tract north of the river attached to it; and, finally, they affirm their right to the whole district of Stapelholm.

It is not to be supposed that if the Bundes-Execution takes place the troops of the Confederation will avoid Rendsburg. It is far more probable that they would occupy that city and the frontier claimed by the Germans; and it would lie with Denmark to consider the occupation of the disputed points as a casus belli.

Fortunately the Bundes-Execution, which is taking its course according to the precedent of 1820, is likely to be much slower in its progress than I had anticipated; and I find according to the "Executions-Ordnung" of that year, that the time occupied in the necessary formalities may be computed as follows:

Executions-Ordnung.

Article III. 1st Respite.-For fulfilment by Denmark of the Resolution of the Diet, or a justification, (7th February to the 21st of March)

Failing the fulfilment or justification, the Execution Commission of the Diet has to report its decision, which must be submitted to the various Governments for consultation

[ocr errors]
[ocr errors]

After submission of the Report, vote of the Diet in plenum

[ocr errors]

6 weeks

3 weeks

[ocr errors]
[ocr errors]

3 weeks

[ocr errors]

4 weeks

6 weeks

Article 4. 2nd Respite.-To carrying out the formalities of the Resolution voted by the Diet..

Submitting the vote of the Diet to Execution Com

mittee..

..

Article VII.-The Execution being finally recognized, Commission to one of the Federal Powers to carry it out. Resolution of the Diet on this point

Article X. Last Respite.-To Denmark through the Federal Power charged with the Execution

Total

3 weeks

3 weeks

28 weeks

Thus the Bundes-Execution cannot take place till the middle of August, and may be protracted further.

[ocr errors]

Denmark, of course, may precipitate matters by waiving all

respite.

Lord J. Russell.

16

J. A. CROWE.

(Inclosure.)-Map of the Disputed Frontier of Schleswig-Holstein.

No. 154.-Mr. Paget to Lord J. Russell.-(Received March 14.) (Extract.) Copenhagen, March 11, 1861.

I HAVE the honour to transmit to your Lordship herewith translations of the King's notification to the Holstein States, the draft of a provisional arrangement to take effect on the 1st of April, 1861, and the draft of a Special Constitution for Holstein.

The Special Constitution for the Duchy appears to be drawn up, as M. Hall led me to believe it would be, in entire accordance with the wishes expressed by the States of Holstein in their Report of March, 1859, and to give every security to both civil and religious liberty.

I regret, however, to say that the accounts from the Duchy are anything but promising as to the success of the new propositions.

Baron Plessen, indeed, inaugurated his election as President of the Assembly by a speech in which he dwelt much on the necessity of moderation and conciliation; but M. Orla Lehmann, a very strong Schleswig-Holsteiner, and a member of the German "Nationalverein," whose meetings in Holstein, as your Lordship is aware, have been forbidden, is chosen reporter to the Committee.

In the meantime it is reported that nearly 200 petitions have been presented to the members of the States praying them to assent to no arrangement with the Danish Government which does not re-establish the political union between Schleswig and Holstein as it existed before 1848.

Lord J. Russell.

A. PAGET.

(Inclosure 1.)-Notification to the Holstein States respecting their humble Representations, made in the year 1859, on the subject of the Constitution, as also regarding the steps which further will have to be taken with reference to it.

(Translation.)

Christiansborg, March 2, 1861. WE, Frederick VII, by the grace of God King of Denmark, &c., to our faithful Assembly of the States of Holstein, greeting.

As already stated in our Patent of September 23, 1859, which contained some temporary resolutions for better securing the interests of the Duchy of Holstein in the management of common affairs, we have not, in the report of our faithful Assembly of the States of Holstein, dated March 11 same year, on the subject of the proposals which we considered it necessary to make to effect the completion of the Constitution of the Duchy of Holstein, and by which an opportunity was offered to the Assembly of the States to bring forward its wishes and prayers concerning the Constitutional position of the Duchy of Holstein in our common Monarchy, on the

basis of the Patent of January 28, 1852,-been able to discover proposals suitable to serve as a foundation for a constitutional reorganization in the direction indicated, and then to receive our Royal sanction. If even we do not misjudge the earnestness and care with which the Assembly entered upon the task laid before it, and sought to accomplish it on the indicated basis, yet the examination of its draft of a common Constitution for the Danish Monarchy could not fail to convince us that the conditions set forth therein, but especially the principal proposal regarding the management of the common affairs by four separate Assemblies, are, on the one hand, in contradiction with the aforesaid patent; on the other hand must, in practice, make any regular Government impossible.

While we were thus obliged to relinquish all hope of accomplishing a satisfactory re-organization of the Constitutional regulations of our Monarchy, on the basis thus proposed by our faithful Assembly of the States, we were induced, by love for our people, and for the better security of the interests of our Duchy of Holstein in the interim, to make the arrangements contained in our Patent of September 23, 1859, for the period which, under all circumstances, it was to be feared would yet elapse before the accomplishment of the object in view. But simultaneously we made known our Royal will that continued endeavours should be made to accomplish a Constitutional reunion of our Duchy of Holstein with the portion of our Monarchy not belonging to the German Confederation. In conformity herewith, we notified to the Federal Assembly the intention to cause deputies for Holstein to assemble with representatives for the other portions of the Monarchy, to negotiate on the subject of a suitable adjustment of the affairs in common.

When convinced that an understanding with the Federal Assembly respecting the manner in which the said arrangement should be carried into effect was not to be expected, the said plan had to be abandoned, as, under such circumstances, no good could result from it. On communicating the declaration on this subject to the Federal Assembly, we directed our Federal Envoy, at the same time, to notify that, nevertheless, the intention of the Government was, not to relinquish their efforts to bring about a common Constitution, but that, on the contrary, they would be prepared, at the conclusion of the election of new members to the Assembly of States of Holstein, which was to take place towards the close of last year, to obtain direct negotiations with the fresh-elected Assembly on the subject of a draft of a new common Constitution.

But steps have been taken by the German Confederation which must greatly influence the regular progress of the aforesaid question. By the Federal decision of March 8 last year, the demand is made that during the Provisional State, until the establishment of a

common Constitution, all drafts of laws laid before the Council of State ("Rigsraad"), to be valid in Holstein, shall also be laid before the States of that Duchy, and that no laws respecting common affairs, even in financial matters, must be issued for the Duchy without the sanction of the Assembly of the States; and by a further resolution of February 7 this year, the Confederation has threatened us with a Federal Execution, provided the said demand be not satisfied by the period stipulated. Under these circumstances, we have not deemed it advisable to lay before the Assembly a new and complete draft of a common Constitution. Independent of the difficulties which have hitherto been opposed to the consideration of this question, and which have not been diminished by the proposals of the Assembly of the States during its last session, the present moment appears little suited to try such a proposal with that earnestness and impartiality which are necessary, if a favourable result is to be expected.

Nevertheless, we desire to make a preparatory step in the indicated direction, by which a definitive and satisfactory solution of the question of a Constitution may be arrived at.

Acting on the supposition, based on general experience, that the division of the common Representation of the Monarchy into two Chambers might, on the one hand, be suited to remove the objections against the existing form of representation, while it might secure for the whole institution a more advantageous development, we have instructed our Commissary to call upon the Assembly to express itself on the subject of the introduction of such an organization, which would have to be effected in the following manner, viz., that the Council of State (Rigsraad) established by the said Constitutional Law be divided into two Chambers, in such manner that the First Chamber be composed of at least 30 members, chosen for life-time, by us, in accordance with our best judgment; the Second Chamber to consist of 60 members, whereof half to be chosen direct and half indirect, in accordance with the rules hitherto observed, but only for 6 years, and that then all laws respecting common affairs are to be laid before both Chambers for decision.

In further carrying out this change, we would also be prepared to furnish the eventual new common representation with more enlarged constitutional privileges. In laying before the existing Council of State (Rigsraad), for its decision, the modifications which, with reference to the aforesaid system of two Chambers, would have to be made in the common Constitution, we would make proposals with a view of reducing, by one-half, the present census for the indirect election to the Council of State (Rigsraad), and to afford both Chambers in the new Council of State the privilege of taking the initiative in drafts of laws. When the modified law of a Constitu

tion has been presented to and accepted by the existing Council of State, we will also cause it to be laid before our faithful Assembly of the States for decision, and in this manner bring the question of a Constitution to a conclusion.

But, independently of said proposal, we have felt it necessary to be prepared to bring about a new adjustment of the state of affairs during the Provisorium.

As it has, however, appeared impossible to us to comply with the demand made in the resolution of the Federal Assembly of the 8th of March last year, we have caused a draft of a law to be made respecting the provisional state of Holstein with regard to the common affairs of the Monarchy, and instructed our Commissary to lay the same before the Assembly. Respecting the conditions in this draft, we refer to the explanatory minutes which accompany it, and entertain the hope that our faithful States will find in this proposal evidence of our desire also in this respect to advance the welfare of our Duchy of Holstein. By the said Provisorium the Assembly will obtain an additional security for the protection of the interests of the Duchy, and by the thus enlarged right of self-government a considerable share in the resolving power in matters concerning the common affairs of the Monarchy.

Finally, we have decided again to cause a draft of a Constitutional Law for the special affairs of the Duchy of Holstein to be laid before our faithful States. It causes us particular satisfaction that it has been practicable, in drawing up said document, to take into special consideration the prayers of the States contained in their aforesaid draft of a Constitution. The draft, in its present form, offers a rich field for civil liberty, such as we have ever desired our beloved subjects to be in enjoyment of, and have given them, as far as circumstances have permitted it.

With regard to the other prayers made by the Assembly of States during last session, and the petitions supported by it, we reserve to ourselves to notify our pleasure at a future period.

Given under our royal hand and seal at our Palace of Christiansborg, March 2, 1861.

RAASLOEFF.

(L.S.) FREDERICK.

(Inclosure 2.)-Draft of a Law on the Provisional State of Holstein, with reference to the Common Affairs of the Danish Monarchy.

(Inclosure 3.)-Draft of a Law respecting the Constitution of the Duchy of Holstein.

Minutes to the Draft of a Law concerning the Constitution of the Duchy of Holstein.

« PreviousContinue »