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[Neutrality of Switzerland and Part of Savoy.]

No. 290.-DECLARATION by the Swiss Government of
Policy in the event of War between Austria and Italy.
Berne, 14th March, 1859.

(Translation as laid before Parliament.*)

Intention to Maintain and Defend its Neutrality.

ALTHOUGH the States of Europe, at the present time, enjoy fully the benefits of Peace, it cannot be disguised that confidence in the stability of this state of things has undergone a shock, and that there exist motives for admitting that the general tranquillity may be troubled by the possibility of grave events. In such a conjuncture, Switzerland owes it to her dignity, to her character as an Independent and Free State, as well as to her political constitution and her organisation, to pronounce herself in time, and without evasion, as to the attitude which she proposes to observe with regard to certain eventualities, according to the position which is given her by her situation, her history, her internal wants, and her relations with foreign States.

The Federal Council, therefore, declares in the most formal manner, that, if the Peace of Europe should be disturbed, the Swiss Confederation will defend and maintain, by all means at her disposal, the Integrity and Neutrality of its Territory, to which she has a right in her character as an Independent State, and which has been solemnly recognised and guaranteed to her by the European Treaties of 1815. She will loyally accomplish this mission equally towards all.

The Treaties of 1815 declare, besides, that certain portions of the Territory of Savoy, which form an integral part of the States of His Majesty the King of Sardinia, are comprised in the Swiss Neutrality.

It results, in effect, from these Treaties, that is, the Declaration of the High Powers of the 20th March, 1815 (No. 9); the Act of Accession of the Swiss Diet of the 12th August (27th May), 1815 (No. 20); the Final Act of the Congress of Vienna of the 9th June, 1815 (Article XCII) (No. 27); the Peace of 20th November, 1815 (Article III) (No. 40); and the Act of the same day, recognising and guaranteeing the perpetual Neutrality of Switzerland and the Inviolability of her Territory (No. 43); that the State Papers," vol. Ivii, p. 178.

For French version, see

1

[Neutrality of Switzerland and Part of Savoy.]

parts of Savoy designated in these Acts are entitled to the benefit of the same Neutrality as Switzerland, with the special clause "that every time that the Powers bordering on Switzerland shall find themselves in a state of open and imminent hostility, the troops of His Majesty the King of Sardinia, which may find themselves in the Neutral Provinces, shall retire, and will, for that purpose, be enabled to pass by the Valais, if it should become necessary; that no other armed troops, of whatever Power, will be allowed to station themselves there, or to traverse them, with the exception of those which the Swiss Confederation would think proper to place there."

The before-mentioned dispositions of the general Treaties have been expressly confirmed, in all points, by the special Treaty which was concluded the 16th of March, 1816 (No. 52), between the Confederation and His Majesty the King of Sardinia. If henceforth circumstances should require it, and in as far as the measure shall be necessary to secure and defend the Neutrality and Integrity of its Territory, the Swiss Confederation will make use of the right which has been conferred on it by the European Treaties to occupy the Neutral Parts of Savoy; but it is well understood that if the Confederation has recourse to this measure, it will respect scrupulously, and in all its bearings, the stipulations of the Treaties; and, amongst others, that which says that the Swiss Military Occupation will not cause any prejudice to the administration established by His Sardinian Majesty in the said Provinces. The Federal Council declares that it will endeavour to come to an understanding with the Government of His Majesty the King of Sardinia, with regard to the special conditions of such an occupation.

Finally, the Federal Council entertains the hope that these Declarations, which are as frank as they are loyal, will be favourably received, and that the High Powers will know fully how to appreciate the position in which it has thought it to be its duty. to place itself in the actual political situation and in anticipation of eventualities which may arise.

He seizes the opportunity, &c.

In the name of the Federal Swiss Council,

The President of the Confederation,
STAEMPFLI,

[For French Reply, see next page.]

[Neutrality of Switzerland and Part of Savoy.]

To the Swiss Declaration of the 14th March, 1859 (page 1356), the French Government returned the following reply:

(Translation as laid before Parliament.)

"IN acknowledging the receipt of the communication which has been made to him, the Minister declares that he renders entire justice to the sentiments which have inspired this measure, and he cherishes the hope that the dispositions of the other Powers not being less favourable than those of the Government of His Majesty the Emperor, in regard to, respect for, and the maintenance of, Swiss Neutrality, the Public Law which consecrates it cannot in any case run any danger."

Passage of French Troops through the Neutralised portion of Savoy.

On the 28th April, 1859, the British Government drew the attention of the French Government to the fact, that some portion of the force dispatched by France to the succour of Sardinia had been moved through Culoz, and over the Mont Cenis, and that this line of march had thus been through a portion of Savoy, the Neutrality of which, under similar circumstances, was distinctly provided for by the Treaties and other Acts of 1815, and specifically by the Act of 20th November, 1815" (No. 43), and, it added, that although it appeared that the Swiss Government did not propose to offer any objection thereto, that nevertheless the British Government felt it to be their duty to place on record that the march of the French Troops through that District had been effected contrary to the Treaty engagements to which France, in common with other Powers, was a party.

To this communication Count Walewski replied (29th April, 1859) as follows:-" We do not think that the Territory of Savoy which is traversed by the Railway, is comprised in the portion of Savoy which participates in the Neutrality of Switzerland. I think I can assure you that the Swiss Government is of the same opinion as ourselves on this subject. It results, on the other hand, from diplomatic Acts, that the application of the principle of Neutrality to the country north of Ugive, ought to be concerted between Sardinia and Switzerland, whose troops would have to occupy the Neutralised Territory."

Lord Cowley, Her Majesty's Ambassador at Paris, however, reported (1st May, 1859) that the passage of Troops had been stopped by the French Government,

[Austrian Ultimatum to Sardinia.]

No. 291.-AUSTRIAN ULTIMATUM calling upon the Italian Government to Disarm, and demanding an Answer within 3 Days. Vienna, 19th April, 1859.*

(Translation as laid before Parliament.)

THE Imperial Government, as your Excellency is aware, has hastened to accede to the proposal of the Cabinet of St. Petersburg to assemble a Congress of the 5 Powers with the view to remove the complications which have arisen in Italy.

Convinced, however, of the impossibility to enter, with any chance of success, upon pacific deliberations in the midst of the noise of arms, and of preparations for War carried on in a neighbouring Country, we have demanded the placing on a Peace Footing of the Sardinian Army, and the disbanding of the Free Corps, or Italian Volunteers, previously to the meeting of the Congress.

Her Britannic Majesty's Government finds this condition so just, and so consonant with the exigencies of the situation, that it did not hesitate to adopt it, at the same time declaring itself to be ready, in conjunction with France, to insist on the immediate disarmament of Sardinia, and to offer her in return a Collective Guarantee against any attack on our part, to which, of course, Austria would have done honour.

The Cabinet of Turin seems only to have answered, by a categorical refusal to the invitation to put her Army on a Peace Footing, and to accept the Collective Guarantee which was offered her. This refusal inspires us with regrets, so much the more deep, that if the Sardinian Government had consented to the testimony of pacific sentiments which was demanded of her, we should have accepted it as a first symptom of her intention to assist, on her side, in bringing about an improvement in the relations between the two countries which have unfortunately been in such a state of tension for some years past. In that case it would have been permitted us to furnish, by the breaking up of the Imperial troops stationed in the Lombardo-Venetian kingdom, another proof that

* This Ultimatum was received by Sardinia on the 23rd April. 1859,

[Austrian Ultimatum to Sardinia.]

they were not assembled for the purpose of aggression against Sardinia.

Our hope having been hitherto deceived, the Emperor, my august master, has ordered me to make directly a last effort to cause the Sardinian Government to reconsider the decision which it seems to have resolved on. Such is the object of this letter.

I have the honour to entreat your Excellency to take its contents into your most serious consideration, and to let me know if the Royal Government consents, yes or no, to put its Army on a Peace Footing without delay, and to disband the Italian Volun

teers.

The bearer of this letter, to whom, M. le Comte, you will be so good as to give your answer, is ordered to hold himself at your disposition to this effect for 3 days.

Should he receive no answer at the expiration of this term, or should this answer not be completely satisfactory, the responsibility of the grave events which this refusal would entail would fall entirely on His Sardinian Majesty's Government.

After having exhausted in vain all conciliatory means to procure for these populations the guarantee of Peace, on which the Emperor has a righ to insist, His Majesty will be obliged, to his great regret, to have recourse to the force of Arms to obtain it.

In the hope that the answer which I solicit of your Excellency will be congenial to our wishes for the maintenance of Peace, I seize, &c.,

C. CAVOUR.

BUOL.

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