Correspondence respecting the Affairs of the Duchies of

(Extract.)

Schleswig and Holstein. 1860–61.

No. 1.

Mr. Paget to Lord J. Russell.-(Received February 20.)

Copenhagen, February 16, 1860.

IN reference to Schleswig, I have the honour to transmit to your Lordship a translation of a petition to the King, signed by twenty-seven members (more than half) of the Schleswig Diet, relative to the grievances which oppress the Duchy.

Your Lordship will perceive that the subjects principally alluded to are: the forced instruction in the Danish language, the use of Danish in the churches in districts where it is not understood, the suppression of certain scientific societies, restrictions on the liberty of the press, the prohibition of all meetings, and the desire of Schleswig to be politically united with Holstein.

Inclosure in No. 1.

Petition.

(Translation.)

Most Gracious Majesty !

IN consequence of your Royal Majesty's commands the States were called together for the last time in this electoral period, and for the first time after the publication of the Patent of November 6, 1858. The relations in the different portions of the country subject to your Majesty's sceptre are of such a peculiar nature that the States consider it their duty, as openly as humbly, to pronounce themselves with respect to the same.

The States feel themselves the more obliged to this step as your Majesty, in the Patent of Summons of December 20, 1859, pronounced the expectation that the States on their side would assist in carrying out your Majesty's fatherly wishes; and that thereby the trust reposed in them will be fulfilled.

The States could give the most humble assurance that, as it hitherto has always been their steadfast endeavour, so they would in the present session seize with joy every opportunity which might offer to carry out the graciously pronounced expectation, and give a testimony of their unlimited confidence in your Majesty's fatherly views.

We beg your Majesty that you will be graciously pleased to recognize that what has led us to this step is a care for the welfare of the portion of the Monarchy which we represent, and the conviction that we could not better respond to the steady confidence placed in us than by openly, and without restraint, confiding to our Monarch's heart that which, with respect to the condition of our country, fills our hearts with sorrow.

After the sad confusion in the years 1848 to 1850 ten years followed, which we dare not designate as years of peace. After the period of open war came, first of all, a period which for the inhabitants of the Duchies was nearly as oppressive, and in which an orderly and legal state of things was entirely wanting. The people entertain the hope that that sad state of things will undergo a change, in so far as it had reference to the constitutional changes that had, in the meantime, become necessary in the Monarchy.

The Royal Patent of January 28, 1852, reduces that hope to the smallest possible limits; and not even that was conceded which the Duchies, after that Patent and the foregoing negotiations, might have expected. We take the [170]

B

liberty of most humbly setting forth some of the points that have come under consideration:

1. By the Royal Patent of the 28th of January, 1852, it was promised to the country that, by the regulation of the affairs of the Monarchy, under the retention and further development of the arrangements of the Monarchy, which either comprise the whole of the different portions, or which are formed for the separate parts of the same, should be made in such a spirit as should maintain and improve the justly existing relations.

That spirit has unfortunately been wanting in the Government measures from 1852 till this present time. We regret deeply to be obliged to declare that the tendencies of the Legislature and the Government during that period have evidently been to subvert the existing arrangements and relations without regard to the interests of the Duchy, the views of its Representatives, and the wishes of the country itself, with the object of introducing Danish institutions, Danish Government and coin, Danish language, and even Danish names of towns in place of those hitherto existing.

2. The Royal Patent of January 28, 1852, promises to give to the Schleswig States, in a Constitutional manner, such a development that the Duchy of Schleswig should receive, with regard to the affairs appertaining to the sphere of action of its hitherto consultative States, a Representation with a power of decision. This promise is perfectly clear. The previous legislative sphere of action of the States (section 4 in the Law of May 28, 1831) embraces all general laws which have for their object rights over person and property, taxes and public burdens. In a no less degree was there vouchsafed by the promises given in the years 1851 and 1852, that a union of the provinces into a "Heelstat" should only take place after previous consultation with the States of Schleswig, This promise, unless it is to remain meaningless, cannot be understood otherwise than in this sense, that no organization appertaining thereto should take place without the consent of the Schleswig States. These promises have in no way been fulfilled.

Against the wishes of the Representation of the country there was published on February 15, 1854, a special Constitution for the Duchy of Schleswig, the most important paragraphs of which, viz., 1 to 4, were not, after all, laid before the States for consideration. In the examination of the draft for this Constitution by a proceeding unusual, but not perhaps unintentional, there was not given to the States an occasion to vote concerning the acceptance or rejection of it as a whole. Not even for the yearly adjustment of the special Schleswig Budget was any co-operation allowed to the States. The lesser sphere of action which still existed was in the next year still further confined by the Patent of November 10, 1855, published without any consultation with the States. After that, by section 2 of the Constitutional Law of February 15, 1854, which was not laid before the States, and which is in contradiction to the Royal Patent of January 28, 1852, the revenues of the domains situated in the Duchy of Schleswig are most unjustly diverted from the country. There is further withdrawn from the States in an unconstitutional manner by the Patent of November 10, 1855, all co-operation in the legislation and administration of the domains. Likewise the Ordinance of October 2, 1855, by which the common affairs of the Monarchy ought to be regulated, was not calculated to give to the Duchy of Schleswig the independent and equal position with regard to the other parts of the Monarchy, upon which, after the assurances from 1851 to 1852, it had a just demand.

Apart from the formal defects of the Ordinance, the interests of the Duchy are so little maintained by it that the Representatives cannot, even if the Representatives of the Duchies of Holstein and Lauenburg united their votes to theirs, in the face of the Danish majority, obtain any favourable result for the Duchy of Schleswig.

It will doubtless be known to your Majesty that one of the most influential members of the "Rigsdag" has, in a public meeting, recommended the Ordinance of October 2, 1855, with the remark that this Ordinance was such as justly to secure to the Danish majority a preponderance in the "Rigsraad." In this spirit the whole Constitution has been drawn up, both as regards the common and special affairs.

3. Furthermore, the Royal Patent of January 28, 1852, promises the Danish and German nationalities in the Duchy of Schleswig perfect equality and powerful protection.