burg, but also the Duchy of Schleswig, is entitled to hold within the Danish monarchy; and the difficulty is how to preserve the Danish State in its integrity, and at the same time to secure the duchies their just share of national independence within that State. So much has been said and written about the question for many years past, that its leading points may easily be forgotten in the mass of transactions and documents to which it has given rise, and this paper is therefore intended to serve to refresh the memory of the reader by a concise recapitulation of the course of the proceedings and of the demands made by Germany on behalf of the duchies, a compliance with which by the Danish Government might long since have obviated the necessity of an execution, or other forcible measures, being resorted to by the German States.

After the separation of Norway from Denmark, and the acquirement of Lauenburg by the latter in 1816, the Danish monarchy consisted (exclusively of its foreign possessions) of three parts, having distinct sets of laws, viz., the Kingdom of Denmark Proper, the United Duchies of Schleswig and Holstein, and the Duchy of Lauenburg. In Denmark the fundamental law was the lex regia of November 14, 1665, under which the king was despotic; in Schleswig-Holstein it was the charter of Christian I. as their elected duke, dated Wednesday after Invocavit Sunday, 1460, which confirmed the union of the duchies and the rights and privileges of the inhabitants; in Lauenburg there was a constitution by States, dated September 15, 1702. The union between these different parts of the monarchy was a personal one only, except that, as between Schleswig and Holstein, it was a real union, formally acknowledged by Christian I., their elected lord. The introduction of a constitution by provincial States, with curial representation, into all parts of the monarchy in 1834, modified the powers of the king-duke, but altered nothing in the relations of those several parts of the monarchy towards each other. The first impulse to agitation in the duchies was given by the patent of the late king, Christian VIII., issued July 8, 1846, which announced the Royal intention to unite Denmark, Schleswig, Holstein, and Lauenburg into one State, with a common constitution, and a common succession to the throne. The States of Holstein complained to the Federal Diet against the patent, and Christian VIII., being called upon to answer, declared that Schleswig and Holstein were entitled to a joint legislature and administration, that he did not intend to interfere with the independence of Holstein, and would respect the rights of the " Agnati" to the succession; whereupon the Federal Diet resolved, September 17, 1846, that the king-duke must respect the rights of the States and of the "Agnati," and reserved its competence for future decisions. The present king, Frederick VII., on his accession_recognized the rights of Schleswig and Holstein, in a proclamation dated January 28, 1848; but on March 21, 1848, an insurrection of a democratic character broke out in Copenhagen, whose objects were the abolition of the constitution by States then in force in Denmark as well as in Schleswig-Holstein, to separate Schleswig from Holstein, and to incorporate the former with the kingdom of Denmark. Against these revolutionary objects began the movement in the duchies, which was purely defensive of their rights, and was approved in principle by the King of Prussia. The Schleswig-Holstein cause was, in fact, the maintenance of the 400 years' union between the two duchies under the king-duke, and their independence of the rule of the kingdom of Denmark Proper.

Out of these movements arose the war between Germany and Denmark, of which the second campaign ended with the armistice signed at Berlin, July 10, 1849. During this armistice the Duchies were governed by the mixed commission, composed of a Danish, a Prussian, and an English Commissioner. The peace was definitively concluded at Berlin, under the influence and with the aid of Russia, July 2, 1850, and its conditions were:-Art. 1. Peace, pure and simple. Art. 2. Former treaties revived. Art. 3. Mutual rights reserved. Art. 4. The King of Denmark to invoke the aid of the Confederation to restore order in Holstein. Art. 5. The boundaries between the Danish and Federal territories to be fixed by a mixed commission. Secret Article. Prussia to be a party to the negotiations for settling the succession to the throne. This treaty of peace, as signed by Austria and Prussia, was subsequently ratified by all the German States, separately, and also by the reconstituted Federal Diet, at Frankfort, October, 3, 1850. It was an unsatisfactory arrangement, because it did not, in fact, settle any one of the questions which gave rise to the war. Previous to the ratification of the peace, the hostilities between Denmark and the Duchies had been renewed, and the former had gained the advantage at the battle of Idstedt, fought July 25, 1850. After that battle, Schleswig was occupied by the Danes, but Holstein remained in possession of the Schleswig-Holstein army, and was governed by a lieutenancy ("Statthalterschaft") who acted as the representatives of the inhabitants and as the guardians of the national cause.

At the Conference of Olmütz, November 29, 1850, which averted the danger of the then threatened war between Austria and Prussia, the former is understood to have obtained a promise from Prussia to unite with her in coercive measures to restore order in Schleswig and Holstein. Accordingly Prussia concurred with Austria in pressing Holstein to an arrangement, and on the 18th February, 1852, the lieutenancy surrendered its authority into the hands of the King-Duke, the German Powers engaging not only to preserve the rights of Holstein, but also to maintain the ancient connection between that duchy and Schleswig. Meanwhile Russia had been working for the establishment of a common succession to the Danish throne, with a common or corporate constitution for the entire monarchy, and her views, at least in the matter of succession, were participated by England and France. A protocol for the regulation of the succession was signed by the Great Powers in London, August 2, 1850, and another protocol was signed by Russia and Denmark at Warsaw, June 5, 1851, which, after admitting the eventual claim of Russia to the Ducal-Gottorp part of Holstein (a claim which had ceased to have any valid existence, having been renounced in favour of the Royal line in 1773), gave Russia the eventual succession to the whole of Holstein, in case of the failure of the descendants of the designated heir, Prince Christian of Holstein-Glücksburg, and so opened a door to the possible acquirement by Russia of the entire monarchy at a future day. These protocols were confirmed by the treaty of London, of May 8, 1852, to which all the Great Powers, including Prussia (who assented reluctantly), were parties, and the new law of succession was published by the King of Denmark, July 31, 1853, abolishing the lex regia in force within the kingdom, and vesting the succession to the whole monarchy in Prince Christian and his heirs, to the exclusion of the house of Holstein-Augustenburg and of all the "Agnati" having presumptive rights.

The legal validity of the new law of succession is disputable for want of the consent of the "Agnati" and of the States of the Duchies, who were not consulted upon it. The consent of the Danish Diet ("Reichstag ") to it was, however, asked and obtained. Passing over here all questions relative to the succession, and assuming it to be a fait accompli, I revert to the conditions of the peace. Negociations were entered into with Denmark for fixing the relations of the Duchies to the joint or corporate state ("Gesammt Staat ") intended to be formed. In accordance with article 4 of the treaty of Berlin, the King-Duke communicated to the German Powers his views for the pacification of Holstein, as explained in his manifesto to the duchy, dated July, 1850. The Royal programme was1. An amnesty; 2. In Schleswig equal guarantees for both nationalities, and no incorporation with Denmark; 3. An assembly of notables, or leading men, of the Duchies, for the ascertainment of their wishes. These met, but the proceedings led to no result. The boundaries between Schleswig and Holstein, stipulated by article 6 of the treaty to be fixed by a commission, have never yet been determined, and still continue to be a matter of dispute. Denmark has, in the meantime, by an act of violence, incorporated into Schleswig a part of the Holstein territory adjoining the fortress of Rendsburg.

On June 11, 1851, the Germanic Confederation committed to Austria and Prussia the conduct of the preliminary negotiations for the settlement of the Holstein question on the basis of the status quo ante bellum. The King of Denmark's position in regard to the Duchies had become more difficult in consequence of the ascendancy gained by the Danish democracy under the new constitution of the kingdom, dated June 5, 1849, the democratic party being more and more enraged and bitter against the Germans in both Schleswig and Holstein. The King, nevertheless, declared to Austria and Prussia, August 26, 1851, that he would rule Holstein according to its existing laws, and would make no alterations in those laws otherwise than in a constitutional way. The declaration, however, of August 26th was not found sufficient by the German Powers, and the Danish Government being desirous of getting back its lost power in Holstein, it made a further declaration (December 6, 1851) to the effect that it would establish the desired organic union of the different parts of the monarchy in a legal and constitutional way, through the consultative provincial States of Schleswig and Holstein, the Danish Diet, and the landed proprietors of Lauenburg respectively; also that the Duchy of Schleswig should not be incorporated with the kingdom. This latter declaration was accepted as satisfactory by Austria and Prussia respectively, December 26 and 30, 1851, and in accordance therewith was issued the Royal Proclamation of January 28, 1852, communicated on the 29th to the Courts of Vienna and Berlin, the non-fulfilment of the promises contained in which proclamation has ever since been complained of by the inhabitants of the Duchies. In consequence, the Federal troops were withdrawn from Holstein, and the government of the duchy was on February 18, 1852, restored to the King of Denmark by the Commissioners of the Confederation. On July 29, 1852, the Federal Diet passed a resolution recognizing the arrangement thus effected upon the basis of the promises made by Denmark, January 28, 1852, and revoking the powers committed to Austria and Prussia on the occasion.

By means of the agreement thus arrived at between the Germanic Con

federation and Denmark, an extension was given to the terms of the peace of July 2, 1850, which extension, though not reduced to the form of a treaty, appears equally binding by international law upon the parties concerned. The conditions of peace, as expressed in the several documents above cited, were in substance these:-1. The ancient administration and legal union between Schleswig and Holstein was abolished, except as to certain institutions, such as the canal, prison, university, &c. &c., particularly reserved; 2. Schleswig was never to be incorporated with Denmark, and the Danish and German nationalities in that duchy were to be equally protected; 3. The three Duchies of Schleswig, Holstein, and Lauenburg were to be united with Denmark, by a common succession to the throne and a joint or corporate constitution ("Gesammt-Verfassung "), into one joint or corporate state (Gessammt-Staat"), but in such a way that each of the four lands should enjoy equal rights and equal independence; that each should retain its own constitution, and none be made subordinate to the other; 4. The union of the four parts into one whole was to be effected in a constitutional way, after consultation with the provincial States of Schleswig and Holstein, the landed proprietors in Lauenburg and the Danish Diet; 5. For each of the Duchies of Schleswig and Holstein there was to be a separate minister for the internal affairs (including the domains) of those Duchies respectively; 6. The Council of State, army, and fleet, finances and foreign affairs, were to be common to the Duchies and to the kingdom. The ministers for common affairs should, in Denmark, be responsible to the King and Imperial Council; in the Duchies, to the King alone; 7. The States of Schleswig and Holstein were to be allowed the power of resolving, in all affairs in which they might be concerned; 8. The constitution of the kingdom of Denmark was to remain unaltered.

Such were, in fact, the conditions on which the peace was concluded and Holstein evacuated by the Federal troops. I proceed to notice the formal steps which the Germanic Diet has since been under the necessity of taking, in order to obtain the fulfilment of those conditions. The Danish Government had solemnly promised never to incorporate Schleswig with the kingdom. But the course of policy which it systematically adopted in regard to that Duchy has been such as to inspire a general belief that the eventual incorporation of the Duchy has been all along, and still is, the real object in view.

In respect of the Administration, the Courts of Justice, the Churches and Schools, it is notorious that the Danish nationality has been preferred to the German, and that acts of the most glaring partiality and injustice, too numerous to recapitulate here, have been for years past perpetrated by the Government. The constant endeavour has been to danize the Duchy; to extirpate, by fair means or foul, the Germanic nationality. Even the agreement to settle by a Mixed Commission the boundaries between Schleswig and Holstein has not been kept, for on March 16, 1853, the Government forcibly separated from Holstein a tract of country near Rendsburg, comprising six villages, and annexed it to the Duchy of Schleswig ; and afterwards razed a portion of the fortifications of the Castle of Rendsburg, in Holstein, and likewise annexed to Schleswig the ground so obtained. All this was done without the consent of the German Powers, and whilst the negociations with the Federal Diet for the settlement of the boundaries were still pending. The Danish Government soon proceeded to the work of framing new constitutions. A new provincial constitution for Schleswig

dated February 15, 1854, and another for Holstein, dated June 11, 1854, were issued for those duchies, after having been submitted to the states respectively, except those paragraphs relating to the joint constitution of the monarchy, and in utter disregard of the wishes and opinions expressed by the states.

A new constitution for Lauenburg was also issued for that duchy, December 20, 1853, contrary to the wishes of the landed proprietors of that duchy. A new joint constitution for the monarchy was issued July 26, 1854, but it satisfied nobody, and was never put in force. Then came the joint constitution for the monarchy of October 2, 1855 (still in operation in Denmark and Schleswig), which was octroyé as a mere act of power by the Crown, without asking the consent of the states of the duchies, although the assent to it of the Diet of Denmark Proper was asked and obtained. The legality of this constitution has always been disputed by the duchies, but when the German deputies made a motion in the Imperial Council to refer the joint constitution to the States, they were overwhelmed by the Danish majority, and the motion was rejected.

A correspondence in reference to the joint constitution now issued between Austria and Prussia on the one side, and Denmark on the other, which went on from June 1, 1856, to July 6, 1857, but led to no result. On August 15, 1857, the Holstein States were assembled, and a revised special constitution for that duchy was submitted to them, and rejected almost unanimously, because it did not fix the political position of the duchy in regard to the monarchy. The assembly was therefore dissolved September 12, without a result; and the necessity of the interference of the Federal Diet became apparent. The states of Lauenburg were likewise dissatisfied with the corporate constitution of October 2, 1855, and petitioned the Federal Diet against it in October, 1857. On the 29th of October, 1857, the Federal Diet, at the instance of Austria and Prussia, formally took up the question of the position of the German Duchies of Holstein and Lauenburg; and on February 11, 1858, the Diet passed a resolution to the following effect:-1. That with reference to Article LVI. of the Vienna Final Act, the special constitution for Holstein of June 11, 1854, and the ordinance for Holstein of June 23, 1854, as well as the joint constitution of October 2, 1855, in so far as it applied to Holstein and Lauenburg, were invalid. 2. That the assurances given by Denmark in 1851 and 1852, in respect of altering the constitutions of the duchies, and in respect of their equal rights and independent position in the entire monarchy, had been discarded. 3. That the constitution of October 2, 1855, was inconsistent with the principles of the Germanic Confederation. The Federal Diet required the king-duke-1. To introduce into Holstein and Lauenburg a status conformable with the principles of the Confederation, and the assurances given, securing to them independence and equal rights. 2. To notify to the Diet such measures as he might adopt with that view. A further resolution was passed by the Federal Diet, February 25, 1858, requiring the king-duke to abstain from taking any measures in Holstein and Lauenburg contrary to the resolution of February 11th, and from issuing any more unconstitutional laws. These resolutions (which do not extend to Schleswig) are decisive upon the point that the special constitution for Holstein, and the joint constitution for the monarchy, in so far as it related to Holstein and Lauenburg, have always been illegal and void. The notification made by Denmark in answer to the last-mentioned resolu