A General Constitution for the whole Monarchy was accordingly drawn up on this basis, and promulgated ("octroyée ") in the month of October 1855, but the Duchy of Holstein refused to admit its validity because of its not having been submitted to the Provincial States previously to its promulgation. It was also stated, as a reason for its non-acceptance, that it did not contain the guarantees for "equality and independence" in the general representation, promised in the Royal Patent, and the views of the Duchy were set forth on this subject.

The objections of Holstein, as belonging to the Confederation, were supported by the Diet on the ground of the promulgation in the manner above stated being an infringement of an Article of the Final Act of the Congress of Vienna; and the result of the controversy between the Danish Government and the Diet on this question was brought to an end by the abrogation of the Constitution in its application to Holstein and Lauenburg.

This took place in the month of November 1858, the Danish Government being with great difficulty brought, by the advice of England and France, to yield the point. The only infringement, therefore, of any Federal Act would appear to have been removed by the step thus taken.

The Danish Government then submitted to the Provincial States of Holstein a project of Constitution for their consideration and observations. The project submitted was the self-same Constitution which had just been annulled, and which is now in force in the other parts of the Monarchy. The result of the deliberations of the Holstein States was a counter-project, considered on all hands to be inadmissible and impracticable. Thus, therefore, a satisfactory solution for the main difficulty, namely, how to reconcile the ideas of Holstein respecting" equality and independence," in a common representation, with what was due to the other parts of the Monarchy, was as far removed as ever; but in the meantime it was essential to provide, at all events, for the position which the province was to occupy until such time as a definitive agreement should be arrived at. The Constitution had been abolished; consequently the Representatives of Holstein could not appear in the General Assembly of the Monarchy ("Rigsraad") which was about to meet. If measures voted by this body, without the participation of Holstein Deputies, were applied to this Duchy, they would most certainly have been resisted as illegal, and the inevitable result would have been to have brought the Danish Government into a worse difficulty than ever with the German Confederation.

The course adopted, therefore, was to issue, a few days before the meeting of the "Rigsraad," in the month of September of last year, a Royal Patent placing the Duchy of Holstein temporarily under the direct authority of the King, and fixing the amount of the contribution of the Duchy towards the general expenses of the Monarchy. Shortly after this, the Danish Representative at Frankfort was instructed to inform the Diet of the steps which had been taken, and to state that, with a view of arriving at a definitive arrangement, the Danish Government proposed that a Commission, to be chosen out of the "Rigsraad and the Holstein Provincial States, should be named, and treat with the Government in Copenhagen.

This proposal was declined by the Diet, for the reasons which I had the honour to report to your Lordship at the time, and the consequence is that the Duchy of Holstein now remains, as above stated, under the direct and absolute authority of the Sovereign.

In order to make this sketch of the existing state of things as concise as possible, I have purposely avoided entering into details which your Lordship will find in the correspondence addressed by my predecessor and myself to the Foreign Office.

I now come to the question of Schleswig, and I must begin by saying that I am aware of no engagement taken by Denmark towards Austria and Prussia, which can be said to have been actually violated, although it may be a question of appreciation how far the Danish Government acts in a liberal spirit in the sense of the obligations it has undertaken, not indeed towards the German Powers, but towards its own subjects and in the face of Europe.

The only positive engagement entered into by Denmark towards Austria and Prussia, was that it would not incorporate Schleswig or do anything which would tend towards that end. (Vide despatches to Danish Envoys at Berlin and Vienna, December 6, 1851.)

Schleswig, like Holstein, has a separate Constitution and Provincial States, and the Danish Government meets all accusations of attempts to incorporate the Duchy, by pointing to these guarantees for its independence. The promises with regard to placing the two nationalities, German and Danish, on an equal footing, and granting to each the same "powerful protection," are to be found in the Royal Patent of the 28th January, 1852, above alluded to; but this was an engagement undertaken as an act of sovereign will on the part of His Danish Majesty, and cannot in any way be considered as binding in an international point of view, or as giving the right to any foreign Power, German or other, to interfere, except in the way of friendly remonstrance, respecting the manner in which it is fulfilled. That there is much to be said on this subject there can be no doubt, and that the effect of some of the existing laws, as well as the manner in which they are carried out, is severely felt by the German portion of the community is equally certain.

The laws to which I would especially call your Lordship's attention are those relating to forced confirmation in the Danish language, forced system of private education, revision of the electoral lists, and prohibition of meetings, even for scientific purposes. The latter is a recent enactment, and, at the time, was strongly remonstrated against by my predecessor.

It may be well to explain, with regard to the electoral lists, that any person's name may be struck out who has been accused of a crime and not acquitted, and advantage is not unfrequently taken of this power to strike out the names of those who, without having positively transgressed any law, have subjected themselves to police proceedings for their political conduct, or in other words for their known German opinions.

These are some of the causes for the feeling of irritation and hostility which prevails in the Duchy, and furnish in some degree the materials for the agitation which the Danish Government complains is kept up by its adversaries. Their removal could not fail, I think, to produce a calming and beneficial effect, and would not be productive of any of the results-such as Germanizing the Duchy, and eventually tending towards its reunion with Holstein, &c.-which the Danish Government pretend to anticipate.

I must guard myself, however, against being understood to say that I think the removal of the grievances alluded to would be of itself sufficient to satisfy the German party in the Duchies, or the German Confederation. To do this thoroughly would entail a subversion of the existing organization of the Monarchy, by reverting to the state of things before 1848, and re-establishing the former political union between Schleswig and Holstein; an arrangement to which no Danish Government could be brought to agree, even if it could be urged to do

so.

But without having recourse to this extreme measure, I am of opinion that it is in the power of the Danish Government to adopt others which, without in any way endangering the existing order of things in the Monarchy, could not fail to produce the most satisfactory results, and would place the Danish Government beyond the reach of accusations as to the non-fulfilment of its promises.

The first of these measures should be, to grant to the Duchy of Schleswig, as I reported to your Lordship in my despatch of the 24th of April I had suggested to M. Hall, a new Constitution, on a liberal basis, which should ensure legislative and administrative independence to the Duchy. A new arrangement with regard to the languages might also be made in the sense of that alluded to in my above-named despatch; and, in short, such other guarantees for the liberty and development of nationalities in the Duchy, if might be in accordance with the wishes of the population. Such concessions as made to precede an equitable proposal for Holstein, would, I believe, go far to ensure it a favourable consideration, both in that Duchy and in Germany; and without something of this nature being done, I fear all efforts to bring about a settlement of the question will be fruitless: for although the Confederation has no actual right of interference in the Duchy of Schleswig, as it has in Holstein, it must always be borne in mind that the two Duchies were for centuries united by the same laws and institutions; that they are to a great extent peopled by the same race; and that these circumstances have produced sympathies between them in which it is not unnatural that Germany should take part, and which will ever be the stumbling-block of every arrangement proposed for the one Duchy until justice is done to the other.

Without, therefore, now entering into details, I would venture to express the opinion that the great point to be obtained from the Danish Government is, a frank and loyal recognition of the freedom and equality of the nationalities of the Duchy; the removal of every unnecessary and vexatious restriction; and that as much independence should be granted to the Provincial Assemblies of both Holstein and Schleswig as is compatible with the integrity and preservation of the Monarchy.

I have, &c.

IN an interview I had yesterday with M. Hall, his Excellency expressed himself much gratified at the manner in which M. Bille had reported your Lordship to have recently spoken to him on the subject of the differences between Denmark and Germany.

He said that he had been lately occupied in drawing up a statement which would show in its proper light the state of things in Schleswig, and how exaggerated were the accounts which had been propagated elsewhere.

This paper was to be dispatched to M. Bille to-day or to-morrow, and be submitted by him to your Lordship.

His Excellency then went on to speak of the intentions of the Government about Holstein. He said that it had been till quite lately their opinion, as they were anxious to abide by the basis agreed to in 1852, that the arrangement to be made should be a separate Chamber, chosen by the King, as indicated in his confidential letter to me of the 17th of August of last year; but, on maturer reflection, and taking into account certain circumstances which had recently occurred, the Government had arrived at the conviction that it would be useless to hope for a solution in this manner: M. Hall then alluded to the internal changes, military and others, which are spoken of in the German Confederation; and said that while the affairs of the Confederation were in this sort of transitory state, it was impossible to take a step which would bind that part of the Danish Monarchy which was under the control of the Diet more closely with the rest, without seeing the influence which the changes contemplated were likely to

exercise.

It had therefore been decided to give more extended powers to the Holstein Diet; and a proposal in this sense would shortly be drawn up and submitted to your Lordship, who, he hoped, would approve and support it.

I told M. Hall I trusted this proposal would be accompanied by suitable reforms in Schleswig; that he was aware I had supported it when it was spoken of last year; but it had since occurred to me that any separation of Holstein might be considered in some quarters as a step towards the incorporation of Schleswig. There was, however, I said, one way of guarding against this misapprehension of the intentions of the Danish Government, and it was by the inauguration of a liberal system of administration and reforms in that Duchy.

I then developed the views which I have stated to your Lordship in my despatch of yesterday's date as to the measures which I thought advisable, and expressed my conviction that until they were carried into effect it would be idle to hope for any satisfactory ending to negotiations with Germany.

M. Hall was more satisfactory in his reply than I have yet heard him; and he ended by giving me a promise that if he could be assured that the proposal contemplated with regard to Holstein would be accepted by the Confederation, he would be ready, as far as it depended on him, to make the changes in Schleswig to which I had called his attention.

It might, however, perhaps, be desirable that these changes should precede, instead of follow, the new proposals to the Diet.

My Lord,

No. 38.

Mr. Manley to Lord J. Russell.-(Received July 16.)

Copenhagen, July 13, 1860.

M. HALL, whom I saw yesterday, informed me that the proposition of the Danish Government for a temporary arrangement of the Holstein question had been dispatched to London and would be communicated to your Lordship by M. Torben Bille, and his Excellency trusted that it would receive the support of Her Majesty's Government, from whose influence with that of Prussia he hoped much.

On my inquiring of M. Hall if it would not have been well at the same time to have made some declaration with regard to the intention of the Danish Government to redress the grievances complained of by Schleswig, his Excellency replied that they were few and much exagerated; but that the Danish Government would only be too happy that Schleswig should enjoy the same privileges and liberty as the rest of the Monarchy when once some arrangement had been arrived at with regard to Holstein. He said that a circular despatch had been transmitted to the Danish Ministers abroad giving a detailed account of the present state of things in Schleswig, which will, no doubt, have been communicated to your Lordship by M. Bille.

The temporary arrangement with respect to Holstein, as your Lordship is probably aware, is intended to remain in force until the meeting of the Provincial States of Holstein in January next, when it is proposed to lay before them a plan for the permanent settlement of the question.

This plan it is said will, probably, be based on the principle of two Chambers, though it is the opinion of my Swedish colleague that if the present plan for a temporary arrangement prove successful, it will, probably, become permanent.

I have, &c.

THE main point to be borne in mind in discussing the question at issue between the Danish Government and the Confederation is the absolute necessity, with a view to ensuring success to any proposal which may be made for Holstein, that a new order of things should be introduced into Schleswig.

The Danish Government took a positive engagement towards Austria and Prussia not to incorporate this Duchy, and it maintains that the Provincial States and Constitution which the Duchy possesses are a sufficient fulfilment of this engagement. The German Governments, on the contrary, contend that by indirect means the incorporation has virtually been accomplished.

The King of Denmark further made the promise in the Royal Patent of 1852 to place the nationalities of the Duchy on an equal footing. The Germans interpret this as an international engagement in consequence of its resulting from previous diplomatic negotiations, and they contend that the Danish Government, so far from acting up to the engagement, uses every means to oppress and tyrannize over the German population. The existence of certain laws give a colouring to this statement, and it would, therefore, be expedient that the Danish Government should be urged to change them. The principal are those which relate to forced confirmation in the Danish language, forced system of private education, the prohibition of meetings of scientific Societies, and revision of electoral lists. If the Danish Government would in addition grant to Schleswig a new Constitution guaranteeing Legislative and Administrative independence to the Duchy, and make the question of the language to be used in the schools and churches dependent on the will of the population in the so-called "mixed districts," it would be difficult to accuse them any longer of violating their engagements, or of a wish to incorporate the Duchy.

July 17, 1860.

My Lord,

No. 40.

M. de Bille to Lord J. Russell.-(Received July 24.)

Legation de Danemark, Londres, le 23 Juillet, 1860.

IN the course of the conversation I had the honour to have with your Excellency on the 19th instant, I mentioned that I would be happy to submit to your Lordship, if desired, a summary statement of the manner in which the question of language and nationality had been regulated in the Duchy of Schleswig, and as you signified that it would be agreeable to you to receive such a statement I have now the honour herewith to inclose one which I have drawn up from official documents communicated me by my Government.

In doing so I deem it, however, proper to add, that my Government does not regard itself as having contracted any international obligations with Germany or any other Power as to the administration of Schleswig and the treatment of the different nationalities existing in that Duchy; and that in being willing to offer explanations concerning administrative measures adopted with reference to that Duchy, it is only from a proper desire to clear itself of the imputation of oppres sion and tyranny with which it has been charged by the press of Germany, animated as it is by the most bitter hostility to Denmark.

Statement of the Measures adopted with reference to Language and Nationality in the Duchy of Schleswig.

THE population of the Duchy of Schleswig is about 400,000. The Northern and Central part is occupied by Danes, the Southern part by Germans, and the islands on the west coast, as well as a narrow strip of land along that shore, by Frisians. It is estimated by German writers that the purely Danish population numbers 135,500; the German 146,500; the Frisian 33,000; and those of mixed nationality 85,000.

The Danish nationality originally extended over the entire Duchy to where the River Eider has from time immemorial been the geographical and political boundary separating Denmark from Germany, and where the Dannevirke, the ancient rampart thrown up by the Danes as a bulwark against German encroachments, still stands and is even now, as it was of old, the military frontier of the Scandinavian races towards the South. The Danish nationality has, however, gradually receded and can now only be traced as far South as the districts contiguous to the arm of the sea called the Schlei.

The Duchy of Schleswig having from various causes for a long period been subjected to the administration of German functionaries, the German language introduced into the Duchy by German settlers and favoured by German rulers acquired an official supremacy in this Danish Province, and was adopted as the language not only of the Courts of Law throughout the Duchy, but also of Church and School in the greater part of the country, and even in parts where the language of the people had continued to be pure Danish. The injustice of this state of things was felt long ago, but every attempt made to reinstate the Danish nationality and language in its ancient rights met with a passive but effective resistance on the part of the German functionaries entrusted with the administration of the Duchy. Thus in the year 1810 the then reigning Sovereign of Denmark, King Frederick VI, published a Royal Resolution declaring that "whereas in our Duchy of Schleswig the inhabitants of some of the islands and of the greater part of the prefectures and districts on the mainland speak Danish, it is our will that in these islands and prefectures, where the Danish language is the language of the people, the German language shall cease to be used in Church, School, and in the Courts of Law, and the Danish language take its place;" but this Resolution was suffered to become a dead letter, and it was not till after the events of 1848 had taught the Danish nation what disastrous political consequences the gradual Germanization of the Duchy entailed, that efficient measures were taken to give effect to the above-quoted Royal Resolution of 1810, and to stay the further Germanization of the population of the Duchy. A series of Ordinances