CHAPTER XII

THE DUTCH RULE AND THE BELGIAN REVOLT OF 1830

After the fall of Napoleon, the powers were called upon to decide the

political status of Belgium. The Belgians were not consulted in the

matter, vitally important as it was, and their country was considered

merely as the spoil of the Allies. The main idea that actuated the

Congress of Vienna (1814-15) in rearranging the map of Europe was

to prevent a new menace from the side of France. This country was

not allowed to hold more territory than it possessed in 1789, before

the outbreak of the Revolution; at the same time the Allies who had

defeated Napoleon sought to erect a bulwark against any new extension

of France in the North. They could have granted independence to

Belgium, but as the country was weak it seemed that independence would

mean reabsorption by France. The final settlement of this important

question resulted, therefore, in the formation of the new Kingdom of

the Netherlands, whereby both Belgium and Holland, united under the

same sovereign, would, it was expected, present a sufficiently strong

barrier against France. The new kingdom was declared also to be neutral

territory. This is the first time that the conception of neutrality

was realized with regard to a buffer-state in Western Europe, located

between England, France, and Germany. But the conception of neutrality,

as applied to the Netherlands, is much older than the Congress of

Vienna; and it seems worth while to trace the different schemes

dealing with Belgian neutrality before the years 1814-15.[19]

The idea of establishing the neutrality of the Netherlands goes back in

history as far as the government of Maria of Hungary, at the time of

Emperor Charles V. The former proposed the neutrality of the Belgian

provinces on February 8, 1536, in order that they might escape being

made the battlefield of Europe during the impending international

conflicts. Charles V refused to consider the scheme, as he himself was

planning to raise the Netherlands into an independent kingdom, to be

governed by the son of Francis I, King of France. This plan, of course,

was never carried out.

In 1634 France and Holland concluded a special treaty against Spain,

by which the Netherlands should either become an independent kingdom

or be divided between the contracting powers. Cardinal Richelieu, the

French minister, preferred the idea of an independent Belgium, and went

so far as to propose that this kingdom should be permanently neutral.

In that way the cornerstone of Spanish power in Europe would have

been destroyed. Although neutral, Belgium would have had the right

to conclude offensive alliances, but would not enjoy the benefit of

having the integrity of its territory guaranteed. If that scheme had

been carried out, the Belgians would have had to revolt against Spanish

rule. But the Belgians, owing to the presence of strong Spanish armies

within their borders, did not revolt. The plan of Richelieu failed.

His scheme was, however, taken over by Cardinal Mazarin, minister of

Louis XIV. Mazarin had first suggested the annexation of Belgium by

France, but he met with strong opposition on the part of Holland and

England, both interested in keeping the French menace from extending

right to their own doors. Changing his mind, Mazarin, in 1658, reverted

to Richelieu’s plan concerning the creation of an independent and

neutral Belgium. This proposal met with the strong opposition of the

Dutch “Staatspensionnaris” De Witt, who expressed the fear that such a

state would ruin Dutch trade--an independent Belgium would necessarily

be given a free Scheldt. He also made it clear that Holland could not

forego her right to meddle in the affairs of the Catholic Netherlands,

and that the idea of a common protectorate over them would be welcome.

Mazarin seems not to have been sincere when proposing his plan. It may

be inferred that his main object was to quiet the fear of Holland that

the French and the English would use Belgium as a base during their

operations against Spain.

When the Treaty of the Barriers (1715) threatened to impose upon

Belgium the Dutch garrisons which were maintained for protection

against France, the latter presented (February 17) a memoir to Holland,

again proposing the status of permanent neutrality for Belgium.

The egotism and ill-will of the Dutch defeated this proposal. They

would never have consented to the opening of the Scheldt, which was

a necessary condition for an independent Belgium. Their policy on

this point is made clear by the declaration of the States-General of

the United Provinces, when Emperor Joseph II, in 1756, endeavored to

obtain the opening of the Scheldt and free shipping on the river.

The States-General declared that “the salvation or the loss of the

Republic and its inhabitants depended upon this point.”

When the Revolution of the Belgians against Austrian rule broke out

in 1789, the Elector Frederick-William of Prussia tried in vain to

obtain from the other powers, England and Holland, the recognition

of the Belgian Republic. He proposed that they should recognize the

independence of Belgium and compel the Belgians “to establish a firm,

strong constitution, in conformity with the interests of the Allies...;

to create, subject to the advice of the Allies, a respectable military

state that would inspire confidence; to avoid alliances with powers,

enemies of the Allies, and also trade with them.”

As Prussia was ready to make war on Austria, her hereditary enemy,

Emperor Leopold II declared that he would, in case of war, cede

the “Austrian Netherlands” to France. This England could not have

permitted, and therefore that country withdrew support from Prussia,

causing the Elector Frederick-William to abandon his plan concerning

Belgium.

The French conquest of Belgium entirely changed the policy of the

European powers with regard to the Belgian problem. England now

saw the French menace facing her own shores, and, according to her

traditional policy, began to take measures to avoid the danger. On

November 13, 1813, Lord Castlereagh wrote to the English ambassador

in Vienna: “I must particularly recommend you to pay attention to

Antwerp.... Leaving Antwerp in the hands of France means, or almost

means, imposing on us the necessity of a continuous state of war.” It

was now England that was specially interested in the future status

of Belgium, and it is from that country that emanated the idea,

forcibly expressed, of establishing a strong bulwark against France

by the creation of the neutral kingdom of the Netherlands. The idea,

supported by Prussia, which, as we have seen, had advocated it some

years before, was, however, this time expressed by Lord Castlereagh;

and the aggrandizement of Holland by its union with Belgium was

strongly supported by the Duke of Wellington. Accordingly, on July 31,

1814, the Belgian provinces were formally handed over to the Prince

of Orange, whom the Dutch had made their sovereign the year before.

The arrangement was confirmed by the Congress of Vienna, and made to

include Liège and Luxemburg.

The union of Belgium and Holland was the work of diplomacy: the

Belgians had not even been consulted. It was an essentially bad

combination. Had the “complete and intimate fusion,” of which the

diplomats spoke, been possible between both countries, the projectors

would have accomplished an admirable work, offering the surest

guaranties for the maintenance of European peace and the durability of

their own fabric. But unfortunately the conception was utopian.

Independently of the fact that the Allies disdained to consult the

feelings of the Belgian people, they appeared to have lost sight of

the moral history of the Netherlands, and to have forgotten those

deep-rooted hatreds, jealousies, and dissensions, both religious

and political, that had divided the two peoples since the time

of their separation in the sixteenth century. Count Charles Van

Hoogendorp, a prominent member of the Dutch chamber, in a pamphlet

entitled _Séparation de la Hollande et de la Belgique_, October,

1830 (Amsterdam), himself acknowledged the lack of sympathy between

these peoples: “The difference of national character had engendered

grievances, and these grievances had excited universal discontent, and

national animosity. The division between the two countries existed

_de facto_. Instead of a fusion, all the means employed to amalgamate

the two people had only served to disunite them still further. This

discontent was not the birth of a day; it dates from the first union of

the two states.”

After peace had been restored in 1815, when Napoleon had suffered

defeat at Waterloo, difficulties began at once. In March, 1814, Holland

had adopted a constitution. Inspired by the old laws of the United

Provinces, it was in the main strongly Protestant. Eleven Dutch, eleven

Belgians, and two delegates representing Luxemburg were appointed to

transform this constitution into one that could be applied to the new

kingdom of the Netherlands. The commission proposed the introduction

of equality and toleration for all creeds throughout the kingdom, and

the creation of a two-chambered Parliament in which Holland and Belgium

were to have an equal number of representatives, although the Belgians

had 50 per cent more population. No national capital was specified,

but the King was to be invested both at Amsterdam and at some city in

Belgium. On these principles a fundamental constitution was drafted

and submitted contemporaneously to the Dutch States-General and to

the notables of the different Belgian provinces. The Dutch passed it

unanimously; the Belgians rejected it by a vote of 1,603 to 527. This

rejection was partly due to the unwillingness of the Belgian notables

to legalize religious equality. The Dutch King, William I, decided to

meet the difficulty in a simple manner. He announced that all who had

abstained from voting should be counted as voting for the act, and

that the 126 hostile votes still remaining as a majority against the

act after counting in its favor those refraining from voting should

not count, as the principle of religious liberty had been imposed by

the Congress of Vienna and had to be observed. This method, which the

Belgians called “Dutch arithmetic,” gave to the act 933 votes in its

favor as against 670 hostile votes, and it was declared passed.

It became more and more clear that William I was not “the right man in

the right place”: he was too Protestant, too Dutch, too autocratic for

the Belgians. The latter soon complained of new grievances, among which

the following were the most important: the imposition of the Dutch

language upon all functionaries, whether civil or military, without

granting time to learn it to those who could not speak it; the extreme

partiality shown in the distribution of all offices and emoluments;

and a financial system that bore heavily and unjustly on Belgium. The

Belgians were made to contribute to the payment of debts incurred by

Holland long prior to the union, and to pay for the defense of the

Dutch colonies, which yielded them no returns at all. The Haute Cour,

or supreme court of justice, and all other great public institutions

were established in Holland. The religious grievances were also

numerous: the government was ill disposed toward the Catholics, and it

was supposed that it desired to “Protestantize” the people. Since 1815,

the Belgian bishops, under the leadership of Monsignor de Broglie,

bishop of Ghent, had dissuaded their flocks from taking the oath to a

constitution that introduced liberty of worship. Moreover, in 1825,

William I, imitating the plan formerly developed by Joseph II, had

established a Philosophic College at Louvain where all priests would

receive their education; and, claiming the monopoly for the state in

educational matters, had suppressed the episcopal and other national

colleges and free schools. Sundry oppressive taxes, repugnant to the

habits and usages of the people, were imposed. The freedom of the press

was destroyed, and journalists were continually prosecuted before

the tribunals. The King even pressed into service ignominious French

pamphleteers, expelled from their own country, who daily insulted the

Belgians.

This was too much for the descendants of those who had fought the

tyrannies of Spain, Austria, and France. Public opinion became excited,

and in 1828 a union was concluded between the Catholics, partisans of

tradition, and the Liberals, who had adopted the ideas of the French

Revolution. Threatened in their common interests and privileges,

Catholics and Liberals worked together to obtain redress of their

grievances and to defend their liberties.

Like Joseph II, the Dutch King refused to hear their complaints, and

continued to offend the Belgian people. In 1830 an event of great

importance fanned the revolt into flame.[20] In July the people of

Paris overthrew the French legitimist monarchy and the government of

Charles X. Just as the Brabant Revolution of 1789 was inspired in the

first instance by events in Paris and by the fall of the Bastile, so

the “July days” gave the final impulse to the Belgians in August. On

the evening of August 25, the Brussels Opera House gave a performance

of Auber’s _La Muette de Portici_. When the hero of the piece sang the

famous air appealing for revolt and liberty, the effect on the emotions

of his hearers was such as to cause them to rush into the streets and

then and there inaugurate a revolt against the Dutch. They sacked the

house of Van Maenen, the unpopular minister of William I, and that of

Libri, the editor of the official governmental newspaper, and attacked

the homes of many against whom hatred had long been growing. A guard

of citizens was raised to maintain order and a Committee of Regency

was established in the Hôtel de Ville. The French tricolor, which

had first been hoisted--and this proves the interference of French

clubs at the beginning of the Revolution--was replaced by the old

Brabant tricolor (black, yellow, red), which is now the Belgian flag.

The other chief towns followed and confined their Dutch garrisons

within the citadels and forts. Meanwhile a deputation was sent to the

King, to petition for the administrative separation of Belgium and

Holland, retaining, however, their personal union. William I, unaware

of the gravity of the situation, paid scarcely any attention to the

delegates. He sent a Dutch army nearly 10,000 strong, with many guns,

under Prince Frederick, his younger son, to attack Brussels, where

the revolutionists held the lower town. The troops fought their way

to the very heart of the upper town, but were stopped at the Place

Royale by the stubborn resistance of the Belgian volunteers. These

were merely Brussels citizens, reinforced by 300 volunteers from

Liège under Charles Rogier, 200 from Louvain, with Jenneval, author

of the “Brabançonne,”[21] and others from various Walloon towns. For

three days there was terrible street fighting, and on the night of

September 26-27 Prince Frederick, with at least 1,500 killed and many

wounded, admitted his defeat and left Brussels. Meanwhile a provisional

government had been established, composed of Baron d’Hoogvorst, the

commander of the volunteers; Charles Rogier, who afterward became the

Belgian prime minister; Count Felix de Merode; Van de Weyer, afterward

Belgian minister in London; Gendebien, the leader of the French party

among the revolutionists, Joly, and De Potter. On October 4, 1830,

this provisional government declared Belgium an independent state,

and announced its intention of preparing a constitution which was to

be approved and adopted by a national congress. A special commission

decided, on October 12, in favor of a constitutional monarchy. The

final decree of the congress establishing this constitution as law was

voted on February 7, 1831.

The basis of the new Belgian constitution consisted of the charters and

privileges of the different Belgian provinces and cities, which dated

from the Middle Ages, and especially the “Joyeuse Entrée” of Brabant,

of which mention has already been made. Other liberties, required by

the spirit of modern times, were added: equality of all the Belgians

before the law; freedom of worship, of the press, of association,

of educational teaching, and the right to vote was accorded to all

Belgians who paid a certain amount in taxes.

Some time after the provisional government had declared Belgium an

independent state a conference of the powers was held, on November 4,

1830, in London, to consider the new situation created by the Belgian

revolt: Van der Weyer was sent to represent the Belgian interests. On

December 20, a motion made by the British delegate, Lord Palmerston,

was adopted, which declared Belgium an “independent power.” The victory

of the revolutionists was thus confirmed. At the same time, the plan of

a small but active party among them, who had attempted the reannexation

of the country to France, was defeated.

Another important question was now to be settled--the choice of

a monarch for the new kingdom. The Belgian congress excluded the

candidacy of the Prince of Orange, who was favored by England and

Prussia, since the accession of this prince would mean practically

reannexation by Holland. Under the influence of the French

sympathizers, led by Gendebien, of the provisional government, and

by its president, Surlet de Chokier, the Belgian congress decided to

offer the crown to the Duke of Nemours, younger son of the French King,

Louis-Philippe. This scheme could not be acceded to by England, since

Belgium would then have been under the direct influence of France. The

English ministry, on February 4, unanimously resolved to declare war

on France if Louis-Philippe accepted the offer. So the French King was

compelled to decline it on behalf of his son. Finally, on June 4, 1831,

the Belgian congress elected Prince Leopold of Saxe-Cobourg-Gotha,

widower of the Princess Charlotte of England. Leopold had fought

gallantly in the army of the Allies against Napoleon in 1813 and 1814,

and had just refused the crown of Greece. He was solemnly inaugurated

at Brussels on June 21 as King of the Belgians. He was considered

an English prince, and for the moment France resented his election;

but Leopold quieted the jealousy of Louis-Philippe by marrying the

daughter of the French King, Louise of Orléans.

Another question to be settled was the delimitation of the boundaries

of the new kingdom. On January 20 and 27, the Conference of London had

issued two protocols, proposing that Belgium be made a perpetually

neutral state; that Holland take all the territory that belonged to the

Dutch republic in 1790, and that the Grand Duchy of Luxemburg become

an appanage of the house of Orange; that Belgium should be charged

with 16/31 of the national debt of the former United Kingdom of the

Netherlands.

These protocols, favorable to Holland, were immediately accepted by

the Dutch King, but unequivocally rejected by the Belgians. The second

article of the London protocols robbed them of Dutch Flanders--the

north of the ancient county--of the towns of Maestricht and Venloo and

the strip of Limburg surrounding them, and also of the Grand Duchy,

a part of the old Belgian province of Luxemburg. The loss of this

territory seemed the more unjust as the inhabitants of those regions

had participated in the Belgian revolt and did not desire annexation by

Holland.

The negotiations between the powers and the Belgians would never have

reached a settlement but for King Leopold. The Belgian King persuaded

the Conference of London to supersede its protocols by a declaration

in eighteen articles, leaving the matter in dispute to be directly

negotiated between Leopold and William of Holland, with the good

offices of the great powers. The Dutch King refused to recognize the

eighteen articles and, on August 2, twelve days after the accession

to the throne of Leopold, invaded Belgium. King Leopold displayed

military skill and courage, but the Belgians had no strong army and

their ill-trained troops were badly defeated at Louvain and at Hasselt.

Impending disaster was prevented by the sudden arrival of a French

army, sent by Louis-Philippe, to whom the Belgian King had appealed

for help. The French repulsed the Dutch. This intervention of France

seriously alarmed the other powers, and especially England. Fearing

that French influence might regain a foothold in the new kingdom,

they precipitately drafted another protocol, called the Twenty-four

Articles, in place of the former eighteen, and took from Belgium

the whole of the area in dispute, except the district of Arlon, in

Luxemburg. Again the Belgians refused to be stripped; but the threat

of invasion by a German army finally compelled them to accede. On

November 15, 1831, Belgium, France, and England signed the Treaty of

the Twenty-four Articles, to which Russia, Prussia, and Austria soon

afterward assented.

This time Holland was unwilling to yield, and the Dutch refused to

evacuate the territory they occupied, especially the citadel of

Antwerp. A French army, under Gérard, marched for the second time into

Belgium, besieged the Antwerp stronghold, and forced the Dutch to

capitulate (1832). King William continued to refuse to subscribe to

any agreement until 1838. Then, suddenly, he gave his adherence to the

Twenty-four Articles. The Conference of London met again and, on April

18, 1839, the final Treaty of London was signed. The Belgians were

given a large reduction in what was agreed should be their contribution

to the debt of the Netherlands, but were forced to surrender the

territories agreed upon by the treaty of 1831. They did it very

reluctantly, but had no other choice.

This Treaty of London is the famous “scrap of paper” of which the

German chancellor spoke so disdainfully on August 14, 1914. It

settled the external relations of Belgium in Europe. By that treaty,

Belgium was declared to be an independent kingdom and was to remain

“a perpetually neutral state,” under the guaranty of the five great

powers. The neutrality of Belgium had been imposed upon the new kingdom

at the instance chiefly of England, who desired above all to maintain

it as a bulwark against France. As King Leopold I himself writes to

Queen Victoria on February 15, 1852, “this neutrality was in the real

interest of this country, but our good congress here did _not_ wish it:

it was _imposé_ upon them.”

Owing to the fact that so much has been said about the neutrality of

Belgium since the beginning of the European war, it seems worth while

to explain briefly what ought to be understood by the words “permanent

neutrality,” used by the Conference of London.[22]

Article VII of the Treaty of London declares: “Belgium, within the

limits specified in Articles I, II, and IV, shall form an independent

and _perpetually neutral_ state. It shall be bound to observe such

neutrality toward all other states.” A distinction must be made between

the neutrality imposed by this article on Belgium and the occasional

neutrality of a state, which during a war between other powers wishes

to avoid the conflict and, in a perfectly voluntary manner, proclaims

that decision to the world. In the recent European war, the United

States of America observed such an “occasional” neutrality.

Permanent neutrality is quite another thing. History shows that there

are certain countries, certain geographical zones, which, by virtue of

their situation, are in some way predestined to become periodically

the theater of struggles between nations. The subjection of such a

country to the exclusive influence of one great power has always

marked a breakdown of the European balance of power. The idea of

placing these zones by means of a treaty in the position of countries

outside the possible zone of international conflicts corresponds to

a general plan of establishing a régime of peace on the basis of

reciprocal and voluntary restriction of action. From this point of

view, neutralization is essentially a factor for peace. It follows that

the state which is perpetually neutral has not only its own individual

meaning and independent mission, but is an important “wheel” in the

general policy. This is the case with Belgium, as it was established by

the great powers after the revolt of 1830, and that is the true meaning

of the statement that it was to be “perpetually neutral.”

Between the neutralized state and the creators of its neutrality there

thus exist reciprocal obligations. The contracting powers between them

undertake engagements whereby they guarantee to the neutralized state

the privileged condition of enjoying permanent peace; while on the

other side, the neutralized state accepts the obligations which protect

the European balance of power. In that way, each of the contracting

powers is bound not to attack the neutral state; not to invite it

to abandon its peaceful attitude; to defend it against any power,

co-contracting or not, which would compel it to abandon its neutrality.

The inviolability of the neutralized territory is agreed upon by this

means, for violation would mean for such a state a breach of its own

neutrality. On the other hand, the neutralized state must itself defend

its neutrality, and adopt all the measures needed for such defense. For

this reason, international law holds that a neutralized state which

commits an act of defense is not to be considered as being in state of

war with the power which violates its neutrality.[23] Moreover, the

neutral state must prevent troops or convoys of a belligerent power

from passing through its territory.[24] Finally, such a state ought to

remain a truly independent state, for if it places or allows itself to

be placed in a position of dependence upon another power it destroys

the European balance of power, the origin of its international status.

Some authorities on international law[25] maintain that in case of

violation of the neutral territory by a belligerent, the contracting

powers have not only the right, but the duty, to interfere _ex

officio_, and to protect the neutral state by military power, even

without the consent of the latter. On this point, however, opinion is

divided.

Does the neutral possess the right to conclude alliances with a foreign

power? This question is a little more difficult to determine exactly,

but it may be settled in the following manner. Every alliance has

in view the possibility of an armed conflict. It follows logically

from this that the right of the neutral state to contract alliances

corresponds very closely to its right of making war. If it is

necessary to forbid such a state every alliance which would tend to

draw it into an armed conflict with third parties, it ought to be

granted without hesitation the right of concluding any understanding

which should have for its sole object the protection of the nation

against foreign aggression. And a defensive agreement tending to

facilitate for the neutral state the carrying out of the part it

is compelled to play in the maintenance of the European balance of

power--the very basis of its neutrality--is certainly permissible, and,

under certain circumstances, may even seem necessary; for example, when

the neutral state seems too weak to resist by its own force a possibly

powerful invasion. But it is obvious that the neutral state may never

conclude either an offensive or a defensive alliance which would impose

upon it the obligation of possible co-operation in the defense of a

foreign territory. That is the true meaning of the permanent neutrality

imposed on Belgium by the Treaty of London, and it will become clearer

when we look at the subsequent facts of history.

In 1870, on the eve of the Franco-German War, Bismarck, with the

object of alienating from France the sympathy of the neutral nations,

and especially that of England, published a draft treaty, three or

four years old, and in the handwriting of Napoleon III’s ambassador,

whereby France was to annex Belgium. This publication aroused public

opinion in England, and, giving expression to English feeling, Disraeli

told Parliament that “the treaties on which are based the independence

and neutrality of Belgium” had been concluded _in the general interest

of Europe_ and also with a very clear idea of their importance for

England. He added: “It is a fundamental principle of the policy of

this country, that the country situated along the coasts of Dunkirk

to the North Sea islands should be possessed by free and prosperous

states practising the arts of peace, in order that these countries

should not belong to a great military power.” In conformity with these

declarations the English government proposed to France and to Prussia

to observe the guaranty by way of co-operation between the English

forces and the forces of one of the belligerents against the other in

case of the violation by the latter of the neutrality of Belgium. This

arrangement was accepted on both sides, and laid down in the formal

treaties dated August 9 and 11, 1870. Those special treaties were to be

in force “during the war and for one year thereafter,” and the final

paragraph expressly stated that, after this period, the regulations of

the Treaty of London (1839) should be regarded as in force.[26] This

treaty it was that was thought to protect Belgium when the country’s

neutrality was violated by Germany on August 3, 1914.

A short history of Belgium · 第 12 / 14 章