Chapter 23

My Lords, I have to lay upon your table, by command of Her Majesty, the Protocols of the proceedings of the Conference upon the affairs of Denmark and Germany, which has just been brought to a close. In laying these papers upon your Lordships' table I propose to follow the course which was pursued by the Earl of Liverpool in 1823, and I am confident that in following that example I am pursuing a course which is perfectly fair to this House and to the country. In that case the English Government had been carrying on negotiations first at Verona, the Conference at which place was attended by the Duke of Wellington, and afterwards at Paris, on the subject of the invasion of Spain. The Government of that day declared that the invasion of Spain was contrary to all the principles of English policy, and that it was an interference which was entirely opposed not only to the sentiments of this country, but to the settlement of Europe which had been come to some years before. They, therefore, protested against it, while at the same time they thought it advisable to preserve peace and declare a neutrality between this country and France. Upon the present occasion I have to discuss a question which is of a very intricate nature, and which for a long time was considered to be one that might go on for many many years without raising any exciting interest, and which was almost too complicated and too wearisome to engage much of the public attention. For the last, year, however, that question has been in a very different condition.

My Lords, before I refer to the proceedings of the Conference it is necessary to take some notice of those engagements which have been the origin of these disputes, though they were intended to put an end to all differences between Germany and Denmark. Your Lordships are well aware that in these times it is necessary that a treaty should not only have the signatures of envoys and the ratifications of Sovereigns, but that in its working it should be made to accord with the sentiments and wishes of the people who are to be governed under it. A remarkable instance of difference in this respect has occurred with regard to the operation of the Treaty of Vienna of 1815 with respect to Lombardy, and the operation of the same treaty with reference to Genoa. Your Lordships are aware that for many years great discontent prevailed in Lombardy, which was only removed by the separation of that province from Austria. On the other hand, in Genoa, by the wise and patriotic conduct of the Kings of Sardinia, all the objections, all the repugnance, which originally existed in Genoa against their rule have been finally overcome and removed, and Piedmont and Genoa are now in perfect harmony. Unfortunately the Treaty of 1852 in regard to Denmark, and the engagements which were entered into in the previous year, 1851, with respect to an arrangement between Germany and Denmark, were in their operation exceedingly unsatisfactory. It was declared, and has lately been repeated in the Conference, that an attempt was made by the King of Denmark, contrary to the engagements of 1852, and contrary also to all sound policy, to make the people of Schleswig change their national character, and so to interfere with their churches and schools as to keep up a perpetual irritation, thereby violating the spirit of the engagements between Denmark and Germany. How far those accusations were true as regards the exact letter of those engagements I will not stop to inquire; but it is quite certain that there was prevailing in Schleswig great dissatisfaction at the manner in which the Duchies of Schleswig and Holstein were governed, and that great complaints were made on that account against the Danish Government. It was for a long time the public opinion in this country that Germany had no reason to complain of Denmark as violating her engagements; but I am afraid that, by an impolitic course at all events, the Danish Government produced the feeling in Germany that the subjects of the King of Denmark of the German race were not fairly governed. Oppression there could not be said to be. The Government was a free Government, and, generally speaking, the people living under it were prosperous; but there was in the two Duchies much of that irritation which prevailed in Belgium previous to its separation from Holland. On the other side, it must be said that the German Governments, instead of asking that which might fairly have been demanded--instead of asking that the engagements should be kept in their spirit, and that arrangements should be made (which could easily have been devised) to give satisfaction to the people of the Duchies--made proposals inconsistent, as it appeared to me, with their engagements, pushing beyond their legitimate sense the words of those engagements, and suggested arrangements which, if they had come into operation, would have made Denmark completely subject to Germany. Among other proposals--indeed, one of the chief--was that the 900,000 people who were said to be of German race, and even the 50,000 of the Duchy of Lauenburg, should have a representation equal to that of the 1,600,000 inhabitants of the kingdom of Denmark. This was evidently so unfair and calculated to be so destructive of Danish independence and nationality, that Denmark refused to accede to it. It was, in fact such a proposal as if Scotland and Ireland were to demand each an equal number of representatives with England in the Imperial Parliament. The consequence of these disputes, unfortunately, was, that instead of the treaty taking root and fully satisfying the wishes of the people of the Duchies, there was a kind of never-ceasing irritation which burst forth as occasion arose; and, as Germany was greatly more powerful than Denmark, it was but too probable that the latter would have to suffer one day on account of the complaints which were made by the Germans. It was impossible not to foresee that such would probably be the consequence, and that the irritation to which I allude would not go on for ever without exciting great dissension and perhaps war. Therefore, in September, 1862, when I was at Brussels in attendance on Her Majesty, I explained to Sir Augustus Paget, who was shortly about to return to Denmark, a plan of pacification which it appeared to me would keep the Duchies under the rule of the King of Denmark; which would be satisfactory to themselves; which would give them a Minister for Schleswig and a body of representatives; a Minister for Holstein and a body of representatives, and would thus put an end for ever to the demand that at Copenhagen there should sit a majority of representatives for the Duchies. The Danish Government--as I think unfortunately--utterly rejected that proposal, and matters went on in the same unsatisfactory state. The diplomatic correspondence which the British Government proposed should take place did take place between Germany and Denmark, but it only produced increased bitterness and further irritation. At length in October, 1863, the German Governments at Frankfort declared that they must proceed to Federal Execution. If, my Lords, that Federal Execution had been founded on any infringement of the rights of Holstein--if it had been founded solely upon the misgovernment of Holstein, or on any violation of the rights of the Confederation, no Power would, I think, be entitled to complain of it. It embraced, however, a point which had nothing to do with Federal rule--the point of an equal representation at Copenhagen. It was then that the British Government declared that that could not be a matter of indifference, because it aimed, in fact, not only at the integrity, but at the independence, of Denmark. Things remained in this state until the death of the King of Denmark, which produced an entire alteration in the state of affairs. It was then contended on behalf of Germany that, after looking closely into some very intricate questions of representative and hereditary succession, they were bound to declare that the King of Denmark had no right to succeed to the Duchies, but that by the law of the Confederation the Prince of Augustenburg was the proper heir to the throne. This declaration, adopted almost throughout the whole of Germany, was received with applause not only by the popular, but by the Conservative party: by persons of the highest rank as well as by the general mass of the community; and every Government that pretended to adhere to the Treaty of 1852 was denounced as recreant to the cause of Germany. In this state of affairs the Governments of Austria and of Prussia took a somewhat singular and not very defensible course. In the beginning they declared in the Diet that, having a majority in favour of this declaration, they would proceed to Federal Execution--thereby, to all appearance, making the present King of Denmark responsible for that which was done by the late King, and to all intents and purposes, as it would seem, acknowledging his sovereignty over Holstein. They, at the same time, however, somewhat privately and without the general knowledge of Europe, declared that they reserved the question of the succession. It did not appear to the Danish Government, nor did it appear to Her Majesty's Government, that Federal Execution could be resisted without increasing the complications of the position. But, immediately after that took place, Austria and Prussia declared that they must occupy the Duchy of Schleswig in order to obtain the fulfilment of the engagements of 1852. Your Lordships are well aware that shortly before that declaration the Government of Denmark announced that they were ready to repeal the Constitution of November, 1863, which was the apparent ground of the proposed Federal Execution. Unfortunately, they had not acceded to that proposal when Lord Wodehouse went to Copenhagen, and when the concession might have been effectual. The German Governments, in their hurry to go to war, and being evidently determined on going to war--in the first place in order to gratify the German sentiment on the subject--took no heed of the proposal which was made by the British Government, and which was supported by France and Russia, that a protocol should be signed by the different Governments, binding Denmark to a repeal of the Constitution of November, and the German troops of Austria and Prussia entered Schleswig. I think it was impossible for the British Government to give any advice on this occasion. It was evidently the invasion of a territory which did not in any way belong to Germany, and a territory to which according to our view the King of Denmark had the fullest right. It was said that it was to be occupied as 'a material guarantee'; but no country is, I conceive, obliged to submit to an occupation of its territory which it believes it has the power and right to resist. Your Lordships are fully aware of the events of the war which subsequently took place. It resulted, as must naturally be expected, in the defeat of the Danes and the occupation of the Duchies by an overwhelming force of Austrian and Prussian troops. That being so, and the Austrian Government having always said that they were ready to agree to a Conference, and Prussia assenting to that proposal, Her Majesty's Government proposed that a Conference should be held. The Danish Government refused an armistice, but declared themselves ready to enter into a Conference. The Austrian and Prussian as well as the French Government expressed a wish that it should be attended by a Plenipotentiary of the German Confederation, and after some delay one was sent. The Conference was not assembled regularly until the 25th of April, and some delay then took place with a view of obtaining, if not an armistice, at least a suspension of arms for a considerable period. The Danish Government would not agree to an armistice; but a suspension of arms they did agree to, which was only to last for the period of four weeks. My Lords, it was difficult in matters so intricate, and on which passions had been so much roused, to come to any agreement beforehand; but Her Majesty's Government thought it their duty to proceed to the Conference, in the interests of peace, even without any such agreement. On the 12th of May, after the suspension of arms had been agreed to, I asked the Austrian and Prussian Governments to declare what it was they asked for in the interests of peace. Now, be it observed that although the Prussian Government, and the Austrian Government likewise, had continually declared that they had certain engagements to insist upon which had not been fulfilled, they never yet had agreed to specify what these engagements were which would secure peace, and by which they would be bound. When Lord Wodehouse went to Berlin on his way to Copenhagen he endeavoured, according to the instructions he had received, to obtain some explanations from the Prussian Government on this point. The Prussian Government replied, 'Let the Danish Government first repeal the Constitution of November, and we will afterwards see what arrangement they propose to put in the place of that; we will judge of that proposal and give our opinion upon it.' Nothing, I must say, could be less explicit, or a less justification for the course they were pursuing; because at the same time they were ready to carry on war to the extremity, to use all their means to invade Schleswig with all the dreadful consequences, without making a distinct declaration of their terms. When, however, the Powers were assembled in Conference, and the Plenipotentiaries of Austria and Prussia were obliged to meet the Plenipotentiaries of Russia, France, and Sweden as well as of Great Britain, they found themselves compelled to make some statement of the terms which they would require. Be it observed that throughout--even up to the 31st of January--the two German Governments had declared that they adhered to the Treaty of London, and the execution and occupation were proofs that they still adhered to the integrity of the Danish Monarchy. Her Majesty's Government, therefore, had no reason to suppose that their proposal would be of a different character. We were told, however, upon authority so high as to be almost official, that there was an intention on their part to propose what was called a personal union; and that personal union was to be of this nature--that the whole Duchy of Holstein and the whole Duchy of Schleswig were to be united; they were to have a separate army and navy from those of Denmark; that they were to have complete self-government; and, in fact, that the King of Denmark was to have scarcely any influence over the two Duchies. In one of the last meetings of the Conference, M. Quaade, one of the Danish Plenipotentiaries, declared that if that personal union had ever been proposed, it would have been impossible for the Danes to agree to it. Indeed, it was likely that, with the disposition which prevailed in Germany, German agitation would have produced a declaration of separation on the part of the two Duchies, and German arms would then have supported the Duchies in that wish for separation. Therefore, though nominally maintaining the integrity of Denmark, and though nominally adhering to the Treaty of 1852, the proposition of a personal union would have been, in fact, a separation of the Duchies from Denmark under a very thin transparent disguise. That, however, was not the exact proposal of the German Plenipotentiaries. In the meeting of the 17th of May the first Plenipotentiary of Prussia declared that--

What the Austrian and Prussian Governments wished was a pacification which would assure to the Duchies absolute guarantees against the recurrence of any foreign oppression, and which, by thus excluding for the future any subject of dispute, of revolution, and of war, would guarantee to Germany that security in the North which she requires in order not to fall again periodically into the state of affairs which brought on the present war. These guarantees can only be found in the complete political independence of the Duchies and their close connexion by means of common institutions.--_Protocol_, No. 5.

Now, this declaration on the part of the two Powers is not a little remarkable. Your Lordships will observe the phrase, 'guarantee against foreign oppression.' That oppression meant the oppression of the Government of the King of Denmark. But he was Duke of Holstein _de facto_ and _de jure_, his title had never been disputed, and his government, if it was oppressive, could only be a domestic oppression. The two Powers, therefore, of Austria and Prussia, to whom Europe had a right to look for respect for the faith of treaties, declared at once that the government of the Danish Duchies was of the nature of a foreign oppression. At the same time, the declaration 'for a security against any subject of dispute, war, and revolution', was so ambiguous that none of the Plenipotentiaries could tell what its meaning was. The Russian Plenipotentiary said he was quite at a loss to know what it meant. The French Plenipotentiary followed in the same tone; and for a long period we were quite unable in the Conference to say what was really the intention of the two Powers. We asked who was to be the Sovereign of these two Duchies which were to be thus governed? The answer of the German Plenipotentiary was that that was a question to be decided by the Diet. Austria and Prussia, but more especially Austria, had declared hitherto that the Treaty of 1852 was a question that was decided--that the late King of Denmark had a right to settle the succession, and that his decision in favour of Prince Christian, the present King of Denmark, would be respected by those Powers. It was equally notorious that the Diet, if it met, would, by a considerable majority, declare against the title of the King of Denmark. Count Bernstorff did not deny that, and the Plenipotentiary of the German Diet declared at once that the majority of the Diet would never consent to an arrangement which even in an eventual or conditional form, would sanction a union between the Duchies and Denmark. Thus, while the two Powers, Austria and Prussia, were in appearance consenting to the maintenance of the Treaty of 1852, telling us that the Diet might ultimately decide in favour of the King of Denmark as the legitimate heir, the German Plenipotentiary, who, in fact, had greater power than either the Plenipotentiaries of Austria or Prussia, because they never at any time ventured to oppose that which he declared to be the will of Germany, declared that Germany would never consent to the restoration of the Duchies to Denmark.