PREFACE. THE armed intervention of the Germanic Confederation in the recent differences between the Duchies of Holstein and Schleswig and the Crown of Denmark, has invested a question of internal politics with all the gravity of an international dispute; and the hostilities consequent thereupon have threatened to establish a Casus Fœderis in respect of the various Treaties of Guaranty into which Great Britain and others of the Great Powers of Europe have entered with the Crown of Denmark. This circumstance may be held sufficient to justify the Author in undertaking the present inquiry, although, in the course of it, it will be apparent that the dispute between the Duchies and the Crown of Denmark involves, strictly speaking, questions of political right, with which Foreign Powers are not concerned, and into which a foreign writer cannot enter with much hope of uniting the sympathies of parties, and thereby facilitating an adjustment of their difficulties. As, however, the juridical point of view from which a stranger must be content to regard such questions, exempts him from the influence of many strong feelings and associations, which cannot but bias the judgment of the parties interested in them, according as they contend for one or other particular mode of solution, he may perhaps succeed in suggesting considerations calculated to diminish the importance hitherto attached to some of the questions, which have in reality no practical application to the future welfare of either party, and so far may promote in some slight degree an approach to a peaceful settlement. If any such result should attend the publication of the present Treatise, it will be a source of much satisfaction to the Author, who cannot but regret that the political re-organisation of states should be embarrassed by international strife. The Author begs to convey his thanks to the Chevalier Bunsen for the communication of several works in support of the German view of the subject, and to Dr. Banks, Syndicus of Hamburgh, for the later official proceedings of the Germanic Diet. He has further to express his obligations to M. de Bielke, the Secretary of the Danish Legation, for the facilities. which he has afforded him of consulting original state papers, and for copies of several treaties hitherto not published, and of which extracts will be found in the Appendix. July 1. 1848. CONTENT S. CHAPTER I. Statistical Account of the Duchies of Holstein and Schleswig CHAPTER II. Historical Notice of the Duchies § 1. The Gorm and Waldemarian Dynasties. > § 2. The Oldenburg Dynasty. First Period, 1448-1650 § 3. The Oldenburg Dynasty. Second Period, 1650-1721 § 4. The Oldenburg Dynasty.. Third Period, 1720-1815 CHAPTER III. Certain Peculiarities of Feudal Tenure CHAPTER IV. The Relations of the Duchies to the Crown of Denmark § 1. The Danish and German Arguments § 2. The German Argument examined (A) The Duchies are independent States (B) The Male Line reigns in the Duchies (C) The Duchies of Schleswig and Holstein are § 3. The Danish Argument examined Page I 7 8 16 31 39 44 Page CHAPTER VI. The Treaty Engagements of the Great European Powers in V. Guaranty of France, 18th August, 1720 VI. Treaty of Copenhagen, between France, Great Bri tain, and Denmark, 16th April, 1727 (extract) Treaty between Denmark and the Emperor of Ger- many, 26th May, 1732 (extract), with the Secret IX. Treaty of Friendship and Guaranty, between Russia and Denmark, 20th February, 1765 (Secret Article) 188 X. Provisional Treaty of Copenhagen, between Den- 190 |