(3) Holland and Belgium have not in any of the three treaties guaranteed the neutrality of Belgium. (4) The five powers have substituted for the original Article XXV of the Treaty of November 15, 1831, containing the guaranty a new guaranty in each of the treaties signed by the five powers with Belgium and Holland. (5) The situation and obligations of Belgium, according to Article VII of the Annex (same as Article VII of the Treaty of 1831) are as follows: "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 towards all other States." TREATY BETWEEN GREAT BRITAIN AND PRUSSIA, Signed at London, 9th August, 1870 Reference to Treaties of 19th April, 1839 HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the King of Prussia, being desirous at the present time of recording in a solemn Act their fixed determination to maintain the Independence and Neutrality of Belgium, as provided in Article VII of the Treaty signed at London on the 19th April, 1839, between Belgium and the Netherlands, which Article was declared by the Quintuple Treaty of 1839 to be considered as having the same force and value as if textually inserted in the said Quintuple Treaty, their said Majesties have determined to conclude between themselves a separate Treaty, which, without impairing or invalidating the conditions of the said Quintuple Treaty, shall be subsidiary and accessory to it; and they have accordingly named as their Plenipotentiaries for that purpose, that is to say: Cooperation of Great Britain with Prussia in case of violation of Neutrality of Belgium by France ARTICLE I. His Majesty the King of Prussia having declared that notwithstanding the Hostilities in which the North German Confederation is engaged with France, it is his fixed determination to respect the Neutrality of Belgium, so long as the same shall be respected by France, Her Majesty the Queen of the United Kingdom of Great Britain and Ireland on her part declares that, if during the said Hostilities the Armies of France should violate that Neutrality, she will be prepared to coöperate with His Prussian Majesty for the defence of the same in such manner as may be mutually agreed upon, employing for that purpose her Naval and Military Forces to insure its observance, and to maintain, in conjunction with His Prussian Majesty, then and thereafter, the Independence and Neutrality of Belgium. Great Britian not engaged to take part in War between North German Confederation and France, except as regards Violation of Belgian Neutrality. It is clearly understood that Her Majesty the Queen of the United Kingdom of Great Britain and Ireland does not engage herself by this Treaty to • Edward Hertslet, The Map of Europe by Treaty, vol. 1, pp. 1886-88. London, 1875. take part in any of the general operations of the War now carried on between the North German Confederation and France, beyond the Limits of Belgium, as defined in the Treaty between Belgium and the Netherlands of 19th April, 1839. Coöperation of Prussia with Great Britain in case of Violation of Neutrality of Belgium by France ARTICLE II. His Majesty the King of Prussia agrees on his part, in the event provided for in the foregoing Article, to coöperate with Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, employing his Naval and Military Forces for the purpose aforesaid; and, the case arising, to concert with Her Majesty the measures which shall be taken, separately or in common, to secure the Neutrality and Independence of Belgium. Treaty to be binding until conclusion of a Treaty of Peace between France and Prussia ARTICLE III. This Treaty shall be binding on the High Contracting Parties during the continuance of the present War between the North German Confederation and France, and for 12 months after the Ratification of any Treaty of Peace concluded between those Parties; and on the expiration of that time the Independence and Neutrality of Belgium will, so far as the High Contracting Parties are respectively concerned, continue to rest as heretofore on Article I of the Quintuple Treaty of the 19th April, 1839. TREATY BETWEEN GREAT BRITAIN, AUSTRIA, BELGIUM, FRANCE, ITALY, THE NETHERLANDS, PRUSSIA, AND RUSSIA RELATIVE TO THE GRAND DUCHY OF LUXEMBURG AND THE DUCHY OF LIMBURG 1 Signed at London, May 11, 1867 Maintenance of Rights of House of Orange-Nassau ARTICLE I. His Majesty the King of the Netherlands, Grand Duke of Luxemburg, maintains the ties which attach the said Grand Duchy to the House of Orange-Nassau, in virtue of the Treaties which placed that State under the Sovereignty of the King Grand Duke, his descendants and successors. The Rights which the Agnates of the House of Nassau possess with regard to the Succession of the Grand Duchy, in virtue of the same Treaties, are maintained. The High Contracting Parties accept the present Declaration, and place it upon record. Grand Duchy to form a Perpetual Neutral State under Guaranty of ARTICLE II. The Grand Duchy of Luxemburg, within the Limits determined by the Act annexed to the Treaties of the 19th of April, 1839, 1 Edward Hertslet, The Map of Europe by Treaty, vol. 1, pp. 1803-05. London, 1875. under the Guarantee of the Courts of Great Britain, Austria, France, Prussia, and Russia, shall henceforth form a perpetually Neutral State. It shall be bound to observe the same Neutrality towards all other States. The High Contracting Parties engage to respect the principle of Neutrality stipulated by the present Article. That principle is and remains placed under the sanction of the collective Guarantee of the Powers signing Parties to the present Treaty, with the exception of Belgium, which is itself a Neutral State. Luxemburg to cease to be a Fortified City. Troops to be maintained by the King Grand Duke ARTICLE III. The Grand Duchy of Luxemburg being Neutralized, according to the terms of the preceding Article, the maintenance or establishment of Fortresses upon its Territory becomes without necessity as well as without object. In consequence, it is agreed by common consent that the City of Luxemburg, considered in time past, in a military point of view, as a Federal Fortress, shall cease to be a fortified city. His Majesty the King Grand Duke reserves to himself to maintain in that city the number of troops necessary to provide in it for the maintenance of good order. Evacuation of Fortress of Luxemburg by Prussian Troops ARTICLE IV. In conformity with the stipulations contained in Articles II and III, His Majesty the King of Prussia declares that his troops actually in garrison in the Fortress of Luxemburg shall receive orders to proceed to the Evacuation of that place immediately after the exchange of the Ratifications of the present Treaty. The withdrawal of the artillery, munitions, and every object which forms part of the equipment of the said Fortress shall commence simultaneously. During that operation there shall remain in it no more than the number of troops necessary to provide for the safety of the material of war, and to effect the dispatch thereof, which shall be completed within the shortest time possible. Demolition of Fortress of Luxemburg by the Netherlands ARTICLE V. His Majesty the King Grand Duke, in virtue of the rights of Sovereignty which he exercises over the City and Fortress of Luxemburg, engages, on his part, to take the necessary measures for converting the said Fortress into an open city by means of a demolition which His Majesty shall deem sufficient to fulfil the intentions of the High Contracting Parties expressed in Article III of the present Treaty. The works requisite for that purpose shall be commenced immediately after the withdrawal of the garrison. They shall be carried out with all the attention required for the interests of the inhabitants of the city. Fortifications not to be restored His Majesty the King Grand Duke promises, moreover, that the Fortifications of the city of Luxemburg shall not be restored in future, and that no Military Establishment shall be there maintained or created. Duchy of Limburg to form an integral part of the Kingdom of the Netherlands ARTICLE VI. The Powers signing Parties to the present Treaty recognize that the Dissolution of the Germanic Confederation having equally produced the Dissolution of the ties which united the Duchy of Limburg, collectively with the Grand Duchy of Luxemburg, to the said Confederation, it results therefrom that the relations, of which mention is made in Articles III, IV, and V of the Treaty of the 19th of April, 1839, between the Grand Duchy and certain Territories belonging to the Duchy of Limburg, have ceased to exist, the said Territories continuing to form an integral part of the Kingdom of the Netherlands. Ratifications 1 ARTICLE VII. The present Treaty shall be ratified, and the Ratifications shall be exchanged at London within the space of four weeks, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the Seals of their Arms. Done at London, the 11th day of May. in the year of Our Lord, 1867. (L.S.) STANLEY. (L.S.) APPONYI. (L.S.) VAN DE WEYER. (L.S.) LA TOUR D'AUVERGNE. (L.S.) D'AZEGLIO. (L.S.) BENTINCK. (L.S.) TORNACO. (L.S.) E. SERVAIS. (L.S.) BERNSTORFF. (L.S.) BRUNNOW. [During the war between France and Prussia in 1870–71, those powers mutually engaged to respect the neutrality of Luxemburg.] DECLARATIONS MADE BY FRANCE AND PRUSSIA TO RESPECT THE NEUTRALITY OF LUXEMBURG, MY LORD, 17TH JULY, 1870 2 Lord A. Loftus to Earl Granville BERLIN, 17th July, 1870. Baron Thile informed me to-day that he had received a telegram from M. Föhr, the Representative of the Grand Duchy of Luxemburg at this Court, stating that the French Government had officially notified their intention to respect the Neutrality of the Grand Duchy, provided that it was likewise respected by Prussia. His Excellency, by order of Count Bismarck, immediately replied that the North German Government would also respect the Neutrality of the Grand Duchy as long as it was respected by France. I have, etc., 1 Ratifications exchanged at London, 31st May, 1867. AUGUSTUS LOFTUS. 2 Edward Hertslet, The Map of Europe by Treaty, vol. 1, p. 1877. London, 1875. PARLIAMENTARY DEBATES ON THE NEUTRALITY OF GRAND DUCHY OF LUXEMBURG - TREATY OF 1867 — THE LORD HOUGHTON: I rise, my Lords, for the purpose of asking Her Majesty's Government the Question of which I gave notice some days ago, and which has been inevitably postponed in consequence of the absence, through illness, of the noble Earl the First Lord of the Treasury, who has come down here to-day, I trust at no inconvenience to himself. I do not desire to challenge any convenient ambiguity in diplomatic instructions; but it is because there are certain words in the second article of the Treaty respecting the Grand Duchy of Luxemburg which seem to me calculated to raise a doubt to disturb the public opinion of Europe, to destroy the pacific character of the Treaty, and to be irreconcilable with the declaration of the Foreign Minister in the House of Commons, that I venture to put this Question. When on the 7th of May last my Lord Stanley presided at the Conference of the Powers on this subject, he brought forward a proposal to the effect that the Grand Duchy of Luxemburg should be a neutral State, and that the contracting parties should engage to secure that neutrality. Now, this was a very solemn and honourable engagement which we and the other parties to the Treaty were asked to enter into. The Prussian Government, however, was not content, but asked for something more, and the "something more" which they proposed was the sanction of the collective guarantee of the European Powers. That was therefore intended to be something different from, and an increase of, the former obligation which Lord Stanley had proposed. At first Lord Stanley objected to the new proposal; but after a consultation with the Cabinet he agreed to it. Now, what is the practical effect of that guarantee to be when any necessity for action arises? Whether that action is to be of a material or a moral character must from the very nature of things depend on the circumstances which arise. On that point I do not desire that our obligations should be more strictly defined than they are now. But the interpretation placed upon the Treaty the other day was to the effect that if any one of the signataries defied that Treaty and violated the neutrality of the State of Luxemburg, it would by that very act render the Treaty absolutely null, and discharge all the other parties from their obligations. Now, it is perfectly clear that the only parties against whom this Treaty was directed were signataries to it. It was not Spain, or Greece, or Denmark, or Sweden that were the objects of this Treaty as being likely to violate the neutrality of Luxemburg. The Duchy of Luxemburg has, on account of its peculiar local position, acquired an importance which its natural extent and character among the States of Europe would not justify. In the eyes of Prussia the neutrality of Luxemburg means the integrity of Belgium; while in the eyes of France the neutrality of Luxemburg means the integrity of Holland. Thus grave questions are involved in what is apparently a small and trivial matter. To use the expressive words of the Professor of International Law in the University of Oxford, 1 Extract from Hansard's Parliamentary Debates, 3d series, vol. CLXXXVIII, pp. 966 to 979. House of Lords, July 4, 1867. |