No. 88. britannien, 1831. P.S. Since the above was written, Count Nesselrode has allowed me Gross- to read a despatch which he addresses to Prince Lieven by the present cou13. April rier, commenting, but in a very friendly manner, upon the communications which I made to him by order of my Government relative to the affairs of Poland. As Prince Lieven is instructed to read this despatch to your Lordship, it will be unnecessary for me to say more than that the apparent under standing between England and France upon this subject is a much grater scource of regret to this Government than anything contained in the representations I was called upon to make. Your Lordship will find this very forcibly stated in the concluding passages of Count Nesselrode's despatch. To Viscount Palmerston, London. Hey tesbury. Gross 1831. GROSSBRITANNIEN. No. 89. Der königl. Gesandte in St. Petersburg an den Min. d. Gesuch um Instruction in der polnischen Frage mit Andeutungen über die Absichten des russischen Cabinets. St. Petersburgh, October 1, (Received October 30.) 1831. (Extract) As the time is fast approaching when the promulgation of No. 89. the Emperor's decision with respect to the future fate of Poland may be exbritannien, pected, I am naturally anxious to receive from your Lordship instructions of 1. October rather a more specific and positive character than those contained in the despatch which your Lordship did me the honour to address to me on the 22nd of March last*). I am therein instructed, "that if I should find there exists any intention on the part of the Russian Government to make any material changes in the political condition of Poland, I am to watch those changes with the closest attention, and to remonstrate in strong terms against any measure which might not be in strict accordance with the stipulations of the Treaty of Vienna." ¶ Now, the stipulations of the Treaty of Vienna are of so vague and general a nature that an entire and radicale change may be effected in the political condition of Poland without the violation of any one of them. The Treaty of Vienna merely states: "Le Duché de Varsovie est réuni à l'Empire de Russie. Il y sera lié irrévocablement par sa constitution, pour être possédé par Sa Majesté l'Empereur de toutes les Russies, ses héritiers et ses successeurs, à perpétuité. Sa Majesté Impériale se réserve de donner à cet état, jouissant d'une administration distincte, l'extension intérieure qu'elle jugera convenable. Elle prendra avec ses autres titres, celui de Czar, Roi de Pologne, conformément au Protocole usité, et consacré pour les titres attachés à ses autres possessions. Les Polonais, sujets respectifs de la Russie, de l'Autriche, et de la Prusse, obtiendront une représentation et des institutions nationales réglées d'après le mode d'existence politique que chacun des Gouvernements auxquels ils appartiennent jugera utile et convenable de leur accorder." In the mass of documents relating to the Vienna negotiations with which your Lordship has furnished *) No. 87. Gross 1831. me, I find, indeed, a great deal of discussions upon other points, but no No. 89. positive engagements taken with respect to the Kingdom of Poland, beyond britannien, that of giving to it a constitution by which it shall be bound to the Russian 1. October Empire, and that of maintaining its distinct administration. The maintenance of a distinct administration is easily understood, and no doubt could possibly occur; in that case a remonstrance would be necessary. But a constitution, the particular forms of which are nowhere specified, is a term of the most vague signification. The word itself does not necessarily imply even a representative form of government, though that a representation was meant, may be assumed from the introduction of that term in the latter paragraph of the Article, which relates more particularly to the Polish provinces not included in the kingdom. But the simple word "constitution", means anything or nothing. It requires definition to be comprehended. To the constitution given to Poland after the conclusion of the Treaty of Vienna, it does not appear that the other Powers were either parties or guarantees. Indeed, it might be impossible for foreign Powers to guarantee a particular and unchangeable form of government to any country. The Emperor Alexander reserved to himself the right of giving that special constitution to Poland which he himself should consider to be best adapted to the country. Such a constitution he gave, and once given, we might perhaps be justified in holding it to be the particular form of government contemplated in the Treaty, and consequently, more or less, under our protection. But then, on the other hand, it appears that this constitution has already been altered and modified upon several occasions, without the slightest reference to foreign Powers, and without the slightest remonstrance on their part, first by the Emperor, and more recently, and more radically, by the Poles themselves, since they have thrown off their allegiance to their Sovereign. Under these circumstances, it is impossible for me to determine, without a further reference to your Lordship, to what extent modification may be carried without its being considered by the British Government to be a violation of existing engagements. Upon the subject of a national army in Poland, after all that has passed, I am thoroughly persuaded that neither Austria nor Prussia will oppose its dissolution, the more particularly as its continued existence forms no part of the stipulations of the Treaty of Vienna; France may be more anxious upon the subject, but this will certainly render Russia immoveable in her determination to disband it. The general sentiments of the British Government on the Polish question are perfectly well known at St. Petersburgh. Your Lordship's conversations with Prince Lieven, and the communications I have been charged to make here, can have left no doubt upon the subject. I have been constantly assured in reply, that the stipulations of the Treaty of Vienna will be strictly attended to, but this assurance amounts to little or nothing, for the stipulations themselves amount to little or nothing. Yet I am not authorized to ask more, certainly not under my present instructions, and, therefore, if your Lordship should now deem it necessary to go further, it will be expedient that your intentions should be made known to me, before any arrangements britannien, 1831. No. 89. shall be finally determined on. What it may be the intention of the Russian Gross Government to do, after the final pacification of Poland, I believe nobody 1. October can exactly tell, nor is it perhaps altogether decided. But from the reports in circulation, I am inclined to believe, that though the kingdom will be maintained in its integrity, with a distinct and separate administration, the army will be entirely disbanded, and the constitution very considerably modified. Such measures would not be any violation of the Treaty of Vienna, however much at variance with the spirit in which that Treaty was negotiated. I have, &c. To Viscount Palmerston, London. Heytesbury. No. 90. No. 90. britannien, GROSSBRITANNIEN. Min. d. Ausw. an den königl. Gesandten in St. Peters burg. Foreign Office, November 23, 1831. My Lord, I have received your Excellency's despatches reporting Gross- the opinion which prevails in St. Petersburgh that some considerable change 23. Novbr. is intended to be made in the Constitution of the Kingdom of Poland, ex1831. plaining the arguments by which that supposed intention is defended, and asking for further instructions as to the course which your Excellency is to pursue with respect to the affairs of Poland in general. ¶ His Majesty's Government have watched with unceasing interest and anxiety the progress of the contest in Poland. These feelings have been made known to your Excellency by the several communications which you have received from me, while they have not been concealed from the Representative of His Majesty the Emperor of Russia at the Court of London. You have also been apprised of the grounds upon which His Majesty's Government considered it not to be advisable to interfere directly in the contest between the Emperor of Russia and his Polish subjects. ¶ The war being now over, and the authority of the Emperor as King being completely re-established in Poland, the time is come when His Majesty feels himself justified, both by his friendship for the Emperor of Russia and by the duty resulting from the obligations which he has contracted under the Treaty of Vienna, in addressing to His Imperial Majesty, in the most amicable tone, and with the deference which is due to his rights as an independent Sovereign, some observations as to the best mode of resettling the Kingdom of Poland under the dominion of the Emperor, on principles accordant with those on which its union with the Imperial Crown of Russia was originally formed, and in such a manner as may be most conducive to its future good government and tranquillity. Your Excellency has already been instructed, by my despatch of the 22nd of March last*), to express the confidence of His Majesty's Government that His Imperial Majesty would use his victory, when it should be obtained, with the moderation and mercy congenial with the high-minded and generous sentiments which are well known to animate the mind of His Imperial Majesty. It is, therefore, without any the slightest *) No. 87. Gross 1831. doubt of His Imperial Majesty's benevolent and merciful disposition, that I No. 90. am commanded to instruct you to urge, whenever you may find a fit op- britannien, portunity to do so, those considerations both of humanity and policy, which 23. Novbr. cannot fail to find advocates in His Imperial Majesty's own feelings, and which would recommend the greatest forbearance and lenity in the treatment of his Polish subjects who, by the success of His Majesty's arms, have been again reduced to obedience. Above all, your Excellency is instructed to represent to the Russian Government how much severities of any kind, not authorized by the laws and Constitution of Poland, are to be avoided. If it should appear, therefore, that there is any intention of proceeding to measures of proscription and confiscation, as has been reported, you are instructed to represent to His Imperial Majesty's Government the impolicy and injustice of proceedings that would violate the Constitution, which, according to the stipulation of the Treaty of Vienna, was granted by the Emperor Alexander to Poland, and by which it is provided that no man shall be punished except by virtue of existing laws, and no criminal banished except by process of law, and by which the penalty of confisca tion is for ever abolished. ¶ His Majesty's Government, indeed, under all the circumstances of the case, would earnestly recommend a full and complete amnesty, from which those persons only should be excepted who have been guilty of the crime of assassination, and whose punishment would be effected by the ordinary course of justice. This measure would appear ¶ to be one of the soundest policy. It could not in any degree weaken His Imperial Majesty's authority nor detract from his honour, being adopted at a moment when his power could no longer be resisted, and when such a measure could appear to be dictated only by the purest motives of benevolence and mercy. It could not fail to soothe the irritated feelings of the Poles, and to give them confidence in the Government, by preventing them from being exposed individually to vengeance; and it would do infinitely more than any harsh display of severity to reproduce among them those feelings of obedience to the Government which are necessary to its security and peace, and which cannot be expected under a system which might keep them in a state of continued insecurity and apprehension. In this case, therefore, generosity and sound policy appear to go hand in hand, in suggesting that in order to make the possession of Poland conducive to the strength and prosperity of Russia, it is necessary for the Russian Government to conciliate the affections of the Poles, and to obliterate, instead of perpetuating, the traces of the recent contest. ¶ The Poles have displayed during the late war, qualities both of intellect and courage, which prove them capable of being either useful or dangerous subjects, according to the manner in which they may be governed. It is needless to point out the resources which may be drawn from 4,000,000 of people, full of activity, enterprize, and intelligence, provided they are attached to their Sovereign, and contented with their political condition. But such a people must necessarily become a source of embarassment and weakness if they are kept in a state of exasperation and discontent, which will only be controlled so britannien, No. 90. long as no favourable opportunity shall occur to excite them into action. Gross-Is it on the very frontier of an Empire, and in contact with military 23. Novbr. neighbours, that a wise Government would wish to place such elements of 1831. danger? Is it in the very outworks of defence that a prudent administration would incur the risk of having a population disaffected to its Government, and ready to join any invader who might promise them a milder. rule and a better fate? It is, then, not more upon principles of humanity than upon a friendly regard for the interests and the honour of Russia that His Majesty's Government instruct you earnestly to press upon the Russian Government a general and complete amnesty; an act which is understood to have been spontaneously offered by the Emperor on more than one occasion during the war, and which His Majesty's Government have reason to believe is also recommended by other allies of His Imperial Majesty. ¶Your Excellency was instructed in a former despatch to state that His Majesty's Government could not see with indifference the Poles deprived of the advantages which had been secured to them by the Treaty of Vienna. These advantages consisted in the stipulation that a Constitution should be granted to them, and in the Constitution which, in consequence of that stipulation, they afterwards received from the Emperor Alexander. ¶ His Majesty's Government is not unmindful of the arguments which you state to have been adduced to prove that the Polish Constitution is in no degree identified with the Treaty of Vienna; but the validity of this reasoning cannot, as it appears to them, be maintained. The Treaty of Vienna declared that the Kingdom of Poland should be attached to Russia by its Constitution. A Constitution the Emperor of Russia accordingly gave; and it surely is no forced construction of the meaning of that Treaty to consider the Constitution so given as existing thenceforth under the sanction of the Treaty. But it is argued that the same Power which gave may modify or take away. This, however, is an assertion for which no proof is afforded. The Constitution once given, became the link which, under the Treaty,, binds the Kingdom of Poland to the Empire of Russia; and can that link remain unimpaired, if the Constitution should not be maintained? ¶ Had the Constitution reserved to the Sovereign a right to change or modify, no objection could then have been made to the exercise of a power which would legally have been his. But the Constitution carefully guards against any such acts of executive authority. It declares (Article 31) that the Polish nation shall for ever possess a national Representation, consisting of a Diet, composed of a King and two Chambers; it declares (Article 163) that the Organic Statutes and the Codes of Laws cannot be modified or changed, except by the King and the two Chambers; it requires (Article 45) that every King of Poland shall swear before God and upon the Scriptures, to maintain the Constitution, and cause it to be executed to the best of his power; and the Emperor Alexander on the 27 November, 1815, formally gave this Constitution, and declared that he adopted it for himself and for his successors. Such are the provisions of the Constitution, which points out the authority by which any change or modification is to be made; |