The hon. member for Montrose (Mr. Joseph Hume) having made his motion,

I shall, without entering on the general argument which has been

stated by him and by my noble friend opposite, shortly state to the

House the view which I take of the motion which he has made. With

respect to the argument which has been stated, that the three

Powers were not justified by the Treaty of Vienna in concluding for

themselves the consideration, whether the free state of Cracow should

be maintained or extinguished--with respect to that argument I cannot

but concur with my hon. friend who made the motion, and my noble

friend who seconded it. I think it is clear from the words of the

Treaty of Vienna, and from the prominence which the arrangement

respecting Poland took, both in the conferences which preceded that

treaty and in the articles of the treaty itself, that these articles

were not immaterial parts of the treaty, but did form one of the

principal stipulations upon which the great Powers of Europe agreed at

the termination of a bloody and destructive war. Nor can I think that,

while the arrangement which placed the Duchy of Warsaw under the

dominion of the Emperor of Russia formed the subject of many

discussions and a long correspondence, not only between the Ministers

of the different Courts, but also of a singular correspondence between

the Minister for Foreign Affairs in this country and the Emperor of

Russia himself--I say I cannot think that, while that arrangement

formed a principal part of the treaty, the arrangement which left one

small portion, 'a mere atom,' as the allied Powers called it, free and

independent, was an immaterial, or an insignificant part of it. It

cannot but appear, I think, however small the territory--however

small the population of that state--that yet the treaty formed, first

between the three Powers and then by all the Powers who were the

concurring parties in the Treaty of Vienna, meant that freedom and

independence should leave to Poland--should leave to some part of

the Polish nation--a separate existence; and that, giving up much,

admitting much, to the Emperor of Russia, it was still consecrated,

as a principle, that some part of the Polish nation should retain an

independent and separate existence. For this reason, therefore, I

consider the existence of Cracow as a state, having been thus secured

by general treaty--whatever the complaints the three Powers had

made that Cracow was the focus of disturbances; that revolutionary

intrigues there found a centre and a means of organization; that there

arose from that small state insurrection against the three surrounding

Powers; that it was impossible to preserve those Powers from this

insurrection: that if these reasons were good and valid--if they were

felt to be strong--they should have been stated to England and

to France; that England and France should have been invited to a

congress, or some species of conference, in which their consent should

have been asked to put an end to a state of things which those Powers

declared to be intolerable, and which they could no longer permit with

safety to themselves. So much, I think, is clear from the papers which

record the general transaction of the Treaty of Vienna; and so much

also, I think, is clear from the passage which my noble friend

opposite (Lord Sandon) has read from the statement of the Prussian

Minister of Foreign Affairs, in which he, in words, admits that if the

arrangement of the Treaty of Vienna were to be altered and set aside,

agreement and concurrence with England and France would previously

have been necessary. In the next place, with regard to the reasons

which are given by the three Great Powers, and which are stated more

especially by Prince Metternich, on the part of the Court of Austria,

those reasons appear to me insufficient for the violent proceeding

which has taken place. I cannot myself imagine that there could not

have been precautions taken, which, however they limited the action

of the free and independent state of Cracow, would yet have been

a security that its name and its independence would have been

maintained; while all danger from refugees, from its being made a

place where strangers from all parts of the Continent came and planned

conspiracy, might have been encountered and prevented. It does seem to

me most extraordinary that, with this little state--this mere atom,

surrounded by Russia, by Austria, and by Prussia--these three great

and mighty monarchies, with such vast military forces, with such

unbounded means, having command of all the roads which lead to Cracow,

having the power of marching their troops at any moment into the city

of Cracow, having certain rights which were constituted and assigned

to them in the Treaty of Vienna--should have found themselves so

powerless as to be unable to prevent Cracow becoming dangerous to

their peace and welfare. I cannot, indeed, but suspect, especially

looking at the latter part of this transaction, when government was

dissolved in Cracow--when disorganization took place--that it was not

unwelcome, or altogether unpalatable to those three Powers, to be

enabled to say, 'All means of government are gone; Cracow is a scene

of anarchy and disorder, and no remedy remains but the total abolition

of the existence of that republic.' Therefore, Sir, both on the

grounds of the Treaty of Vienna, the distinctness of the stipulations

referring to Cracow, and with regard to the reasons which were urged

for its extinction, I think, in the first place, there was a manifest

violation of the Treaty of Vienna; and I believe, in the second, that,

if the question had been discussed in a congress or conference among

the Powers, there is no sufficient proof, so far as we have hitherto

seen, that the three Powers would have been in a position to show good

cause for the course they have adopted. Neither, Sir, am I convinced

by the instances that are furnished by the Minister of Austria, as to

various stipulations of the Treaty of Vienna, which have been altered

by uncontested agreement between Powers who were concerned, and whose

territories were affected, such as small parts of principalities given

by the Duke of Coburg, or others, transferred in consideration of some

equivalents to other princes, for the mutual convenience of their

respective territories, for the purpose of giving a fair equivalent to

each, and of sometimes making a more satisfactory arrangement for

all. These are, naturally and obviously, alterations of the Treaty of

Vienna, which might take place without any general appeal to all the

Powers who have signed that treaty. Such alterations bear, in my mind,

no resemblance to an infraction of one of those great and leading

and master stipulations in which all the Powers of Europe are deeply

interested. Supposing that some arrangement were made between Austria

and Prussia for the extinction of Saxony, and that the Great Powers

were to ask how they, only two of the parties to the Treaty of Vienna,

could agree to extinguish Saxony, what answer would it be--that some

little bit of territory had before been exchanged between some of the

minor princes, and that then we made no protest? And, as I consider

it, the extinction of this free state is an alteration of one of the

main and leading provisions of the treaty. But my hon. friend, Sir,

not satisfied with the protest which my noble friend the Secretary of

State for Foreign Affairs has directed to be delivered at the Courts

of the three Powers principally concerned, wishes this House to

agree to certain resolutions. With respect to the first of these

resolutions, my noble friend opposite (Lord Sandon), who seconds the

motion, is in complete accordance. With regard to the last he is not

so far agreed, and he doubts whether the House ought to affirm it. As

to the first of these resolutions, 'That this House views with alarm

and indignation the incorporation of the free state of Cracow into

the dominions of the Emperor of Austria, in manifest violation of the

Treaty of Vienna,' I should beg the House to consider that there is

a very great difference between that which has been done by my noble

friend (Lord Palmerston) in obedience to Her Majesty's commands, and

that which it is proposed to this House to do. It is the prerogative

of the Crown to make treaties, to carry on the correspondence and

relations of this country with foreign Powers. Every public and every

personal communication is agreed on in the name of the Sovereign,

and by the command of the Sovereign. If a treaty has been signed and

ratified, as this Treaty of Vienna was signed and ratified, by the

Minister of England in the name of George III, and of the Prince

Regent of England; and if any violation or contravention of that

treaty takes place, the person to whom it devolves to make

any representation, is obviously, again, the Minister of the

Sovereign--the Minister of the Sovereign of England, who has made the

original treaty. But with regard to the functions of this House, they

are of a very different nature. When there is a treaty made, or a

correspondence takes place, upon which it is thought necessary that

the opinion and concurrence of this House should be taken, it is

usual then for the Ministers of the Crown to ask for that general

concurrence. If a treaty of commerce or a treaty of subsidy is signed,

that requires the intervention of Parliament, it is usual for the

Minister of the Crown to ask for the sanction or concurrence of

Parliament to that treaty. But to affirm a resolution which is not

thus brought by necessity before the House of Commons--to affirm a

resolution merely declaratory of an opinion, that is not the correct

nor the regular course of proceeding in this House. For my own part it

appears to me, that while it is obviously incumbent on the Secretary

of State for Foreign Affairs, and on the advisers of Her Majesty, to

declare their sense of any violation of treaty, or of any matter which

concerns the foreign relations of this country with other countries,

it is not advisable that the House of Commons should affirm

resolutions with respect to the conduct of those foreign Powers,

unless it be intended to follow up those resolutions by some measures

or actions on the part of the Executive Government. For my part I have

never admired--and I have always declared in this House that I never

admired in this respect--the conduct of the French Chambers with

regard to Poland. It has been the custom of the Chamber of Deputies in

France annually to protest at the commencement of the Session against

the acts of the Emperor Nicholas, and to make a declaration in favour

of the nationality of Poland. I think that such annual declarations

are illusive; for while they have been made in this manner, they have

been followed up by no measures; they are made by a representative

assembly, without any action following on that declaration. Be it

observed how great is the difference between that and a protest on the

part of a Sovereign. The Sovereign, by prerogative, entrusted with

this power of making treaties, is forced of necessity to some opinion

or other--of tacit acquiescence, of favourable and applauding

concurrence, or one involving remonstrance and reproach--some course

or other is forced upon the Executive Government of the country. But

with regard to the House of Commons, it is not necessary, in the

ordinary course of foreign affairs, that this House should at all

interfere or declare its opinion on these subjects. I can see no

advantage in altering that usual course. I do not think there would

be any advantage in bringing these subjects frequently or constantly

before the House, with a view to a declaration of opinion--I think the

House would gain no respect by a deviation from its usual custom. That

is my reason, therefore, while I could have no objections to urge in

opinion against this resolution--for I have already declared what

is my opinion with regard to the extinction of the free state of

Cracow--why I object to its being made a resolution of the House of

Commons; and on that point I should be disposed to move the previous

question. With regard to the other resolution, I should act in like

manner. That resolution says that--

'Russia, having withdrawn that adhesion (to the Treaty

of Vienna), and those arrangements being through her act

no longer in force, the payments from this country on

account of the loan should be henceforth suspended.'

Now, that is entirely a different question. The arrangements at

the time of the Treaty of Vienna involved an union of Belgium with

Holland; and there being a debt in Holland which was payable, and

the interest of which was payable by Russia, Great Britain took upon

herself the payment of the interest of that debt, in consideration of

Russia being a party to that arrangement. When, after that, these two

countries were separated, Russia no longer attempted to maintain that

arrangement; and, therefore, by the letter of the treaty, England

might then have said, 'You no longer maintain the union of Belgium

with Holland; and therefore as you do not comply with the letter of

that treaty, we are free from the discharge of the interest of that

debt.' But although this would have been in perfect and entire

conformity with the letter of the treaty, it would have been most

inconsistent with the justice of the case; because the Power that had

favoured the separation, and which, from the moment the insurrection

in Belgium was successful, favoured, recognized, and aided that

separation, was especially England; and for England to come forward

and say, 'You did not maintain the union between Holland and Belgium,

an union which we did not wish, which we wanted to see dissolved, we

declare ourselves free from the payment of that debt'--to have said

so would have been such an evasion of an engagement, that I certainly

could not have taken any part in adopting it. But it was not evaded.

England being free from the letter of the engagement, made a new

engagement with Russia; and in that engagement she agreed to continue

the payment of the interest of that debt. The actual ground for

continuing the payment of that interest was, that Russia did abide by

the general arrangement of the Treaty of Vienna; and that it was

only in consequence of the acts of England herself that she did not

maintain the union between Holland and Belgium. But undoubtedly the

words were introduced into that convention which were a security to

Russia for payment of

'her old Dutch debt, in consideration of the general arrangements

of the Congress of Vienna, to which she had given her adhesion

--arrangements which remain in full force.'

Now, these words were certainly used. They were introduced at the

request of the representatives of Russia in this country. They were

put in, in order to show that, whilst Russia had departed in one

principal respect from this arrangement, yet she was not to be accused

of any violation of the general treaty, of any bad faith in the

matter, because she had only done so at the request of England. But

still, as I think, the original arrangement and the general reason

of the arrangement remain in full force; and what was that original

arrangement? It was, that Russia had agreed with England with respect

to the territorial disposition of Holland and Belgium. There was no

question at that time of any other arrangement, or of the Treaty of

Vienna being violated or disturbed. Russia desired these words to be

inserted in the treaty. So far as England was concerned, she did not

wish those words to be inserted. It was not the expression of any

desire of hers that they were so; but it seemed to be a matter of

good faith, that as Russia still maintained the original arrangement,

therefore it was right to continue to pay the interest of the debt.

Now, I say with respect to the spirit of the agreement, that I do not

think it would be just to take advantage of the insertion of these

words, and that Russia having, so far as Belgium and Holland are

concerned, faithfully preserved those stipulations, having never

attempted either to disturb this arrangement, and still less refused

her aid to England with regard to any question respecting them, I

do not think, in point of fair dealing, we should be justified in

refusing to pay the interest of the debt. I do think, however, that

according to these words, we might now, as we formerly might have

done, refuse to pay this interest. We might say to Russia: 'You have

permitted these words to be inserted--they were inserted with your

sanction; and, as they were inserted with your sanction, we will take

advantage of these words, and we will refuse any longer to pay the

sum.' That would be conformable to one interpretation of the treaty.

Those whom we consulted, who were the highest authorities that we

could consult with regard to the interpretation of Acts of Parliament

bearing upon treaties--the legal authorities who are usually consulted

on those subjects--have told us, that they think, according to the

spirit of the arrangement, according to the spirit of the convention,

the money ought still to be paid. It is at most, state it as

favourably as you can for the hon. gentleman's motion, a doubtful

point, upon which, if you wish to take advantage, you might claim

that advantage from words inserted in the convention. According to my

opinion, you would be acting against the spirit of the treaty in order

to take advantage of a plea which, I think, in a court of law, might

perhaps be urged in order to get rid of a contract, but which as

between nations, ought not to be used. I think, in so considering this

question, we should lower our position. I think we should deprive

ourselves of that advantage which we now have if we were to reduce

this to a transaction of pounds, shillings, and pence. I consider that

in late transactions in Europe, although, on more than one occasion,

and by different Powers, our wishes have not been complied with,

our desires have not been listened to, our protests may have been

disregarded, yet there does remain with us a moral strength nothing

can take away. There is no treaty the stipulations of which it can be

imputed to England that she has violated, evaded, or set at naught. We

are ready, in the face of Europe, however inconvenient some of those

stipulations may be, to hold ourselves bound, by all our engagements,

to keep the fame, and the name, and the honour of the Crown of England

unsullied, and to guard that unsullied honour as a jewel which we will

not have tarnished. With that sentiment, Sir, if I should ask my noble

friend to go to the Court of Russia, and say, 'To be sure you have

violated a treaty--to be sure you have extinguished an independent

state. We have allowed this to be done. You shall hear no threat of

war. We will not arm for the purpose. We will admit that the state of

Cracow is extinguished. We will admit that her inhabitants are reduced

to subjection. The names of freedom and of independence to them are

lost for ever. But this we will do. There is a claim of some thousand

pounds which we can make against you, which we now pay, and which we

will now throw upon your shoulders; and in that way we will revenge

ourselves for your violation of treaties'--we should be taking a part,

we should be using language which is not becoming the position England

has hitherto held; which is not becoming the position I wish her in

future to hold against the world. Having thus stated as shortly as I

could the views I entertain upon the subject, I ask you not to come

in this House of Commons, which does not usually interfere with the

foreign relations of this country, to any idle resolution upon which

you don't intend to act; and I ask you, in the next place, not to

lower this question to a mere question of money value, not to go and

demand how much this Russian-Dutch stock may be worth in the market,

but to preserve that which, as I think, is of inestimable value; I

wish you to allow, as this House has hitherto allowed, by its silent

acquiescence, the protest which the Secretary of State for Foreign

Affairs has delivered, to remain in full force, as a declaration upon

our part--a declaration which will have its value, depend upon it,

in regard to future transactions--that we do not abstain from the

observance of treaties which we believe to have been violated; and let

us be able to say that we have sought no interest of England in this

matter. We have not looked to any interest, either large or petty, in

regard to ourselves; we have regarded the great interests of Europe;

we have desired that the settlement which put an end to a century of

bloodshed should remain in full force and vigour. We have declared

that sentiment to the world, and we trust that the reprobation with

which this transaction has been met, will, in future, lead all Powers,

whoever they may be, who may be induced to violate treaties, to

consider that they will meet with the disinterested protest of

England, so that her character shall stand before the world

untarnished by any act of her own.

VISCOUNT PALMERSTON MARCH 1, 1848 THE POLISH QUESTION

Selected Speeches on British Foreign Policy 1738-1914 · 第 15 / 37 段