Inclosure in No. 60.

Précis of a Pamphlet "On the Question of the Constitution of the Danish Monarchy" ("Zur Verfassungs-Frage der Dänischen Monarchie"), by D. A. Renck.

THE writer professes to be actuated by the laudable motive of contributing towards a reconcilement of the long-subsisting differences between Denmark and the States of the Germanic Confederation. Being a cloth-manufacturer in Holstein, it lies also in the way of his business to endeavour to keep together the several parts of the Danish Monarchy, more especially in a financial point of view, and with a common Customs Tariff as at present established.

The occasion for M. Renck stepping forward with his suggestions is stated to be the Declaration made by the Danish Government (in its Protest against the Resolution of the Federal Diet dated March 8, 1860) that it intended to lay before a to-be-newly-elected Assembly of the Provincial States of Holstein the project of a law enacting a revised Constitution for the common affairs of the Monarchy; the Diet having objected to the plan previously proposed by Denmark of a Conference between special Commissioners from the Northern parts of the Monarchy and the States of Holstein, with the view to an adjustment.

The author recapitulates at some length the various phases which the question of the Constitution of Denmark and the Duchies has undergone, and dwells upon the negotiations with Austria and Prussia in the years 1851 and 1852, of which Her Majesty's Government being fully cognizant there appears no necessity to repeat them in this place. It is admitted that when, in the course of the negotiations for the peace, Denmark gave up her project of convening an Assembly of Notables, she declared herself ready to return to the status quo ante bellum, and not to alter the Constitution of Holstein otherwise than in a legal and constitutional way.

M. Renck then observes that the Corporate Constitution of October 2, 1855, was valuable as having been based upon Conservative principles, and proceeds to consider whether that Constitution also answered the conditions of equal rights and independence which were guaranteed to the two nationalities by the correspondence of 1851 and 1852, and by the Royal Proclamation of January 28, 1852. He finds (and this is an important admission from a supporter of the Danish Ministry) that the Constitution of 1855 was defective in these respects that instead of maintaining the principle of a Corporate State ("Gesammt-Staat") it treated the Danish Monarchy as an Unitary State ("Einheit-Staat"), and established a Representative system in one Chamber according to the numbers of the population, overlooking the fact that Denmark, Schleswig, and Holstein, are equal-righted Crown-lands of the Monarchy, and not in any sense Danish provinces. The Representative body called the Imperial Council was composed three-fifths from the Kingdom of Denmark Proper and two-fifths from the Duchies, the former sending forty-seven and the latter thirty-three members; and as the Assembly was competent to act whenever forty-one members should be present, it would consequently have been competent to act if fortyone Danish members and no members at all from the Duchies had made their appearance, which would have been in direct contravention of the principle established in 1852, namely, that of a corporate, not an unitary State, with a guarantee of equal national rights to all parts of the Monarchy.

Noticing the complaints from the Duchy of Schleswig as to the persecution of the German nationality, M. Renck observes that, in the last century, the Danish was the oppressed language, but now he seems to think it is not without some foundation that the Germans have raised a cry of injustice the other way. If, he says, the Government would fairly carry out the provisions of the Schleswig Constitution the mouths of the complainants might easily be stopped.

In each of the forty parishes in the middle parts of Schleswig, where the nationalities are mixed, the Government should appoint one German and one Danish clergyman; should organize the schools in a similar way, and should leave every man free to send his children to what school he pleased, and have them instructed in religion, and confirmed, by whichever clergyman he might prefer. By so doing an end might easily be put to the prevailing discontent; and for so desirable an object it would be well worth while for the corporate State to incur an expense of 50,000 or 60,000 dollars per annum. It is really surprising that the

Danish Government does not see the impolicy of adhering to its very unjust principle of action in this particular.

The preponderance of the Danes in the representation of the Monarchy has, of course, had the effect of throwing the Administration entirely into the hands of the Danish party. Our author admits that many evils have arisen from that preponderance. For instance, the newspapers are allowed freely to recommend the incorporation of Schleswig with the kingdom, whilst they are prosecuted it they advocate the union of the Duchies of Schleswig and Holstein, the former being equally contrary as the latter to the existing Conventions and the solemn engagements of the King.

M. Renck thinks the existing relations between Denmark and the Germanic Confederation to be inconvenient, and proposes to withdraw from the Imperial Council ("Reichsrath") all control over those relations. He would vest in the King-Duke alone the power of fixing the Budget to answer the military contigent demanded by the Confederation.

With respect to the position of the Duchy of Lauenburg it is rightly described as different from that of the other parts of the Monarchy. In this Duchy the domain lands are the chief source of revenue, and the taxes leviable in the country must always be small.

It is not possible to appropriate to the general purposes of the Monarchy the revenues arising from the Customs and the Domains, and to defray the costs of the Administration out of local taxes; consequently Lauenburg must remain in the same position as it was from the year 1815 to 1848, and in the following propositions Lauenburg is obliged to be left out of the question.

The author then arrives at the outline of his plan of a new Representation for the entire Monarchy, which is a newly constituted Imperial Council ("Reichsrath") for all common affairs, to sit at Copenhagen, and to consist of two Chambers-the Chamber of the parts of the country ("Landestheil-Kammer") and the Chamber of the people ("Volks-Kammer"). To the former each part of the country (except Lauenburg) elects one-third, viz., Denmark Proper twenty members, Schleswig twenty members, and Holstein twenty members; together sixty members. The latter Chamber consists of members selected from the representative bodies of each part of the country, of which Denmark proper sends eighty-one, Schleswig twenty-three, and Holstein thirty-one; together 135 members.

In the one Chamber, chosen upon the principle of each part of the country having equal rights, the numerical majority would be with the Duchies, but in the other, elected by representation of the people according to numbers throughout the Monarchy, the majority would remain largely on the Danish side.

In these Chambers the use of either the Danish or the German language is to be allowed at the option of the speaker.

M. Renck's plan appears well intended, and the censures he inflicts upon the Government of which he has been a supporter are justly merited by it. In fact the Corporate Constitution of October 2, 1855, is now generally acknowledged to have been a total legislative failure. But it is also pretty clear that the author's scheme is of an impracticable character, and could not possibly work. His Chamber of the People is open to the very same objection that he makes to the Constitution of 1855, viz., that it gives to the Danish party a large and perpetual majority, whilst his Chamber of the parts of the country, in which the Duchics are to have the majority, would serve merely to counteract the working of the popular Chamber, and so entirely impede the operation of the legislative machine. Can any proposal be less statesmanlike than that of constituting in any given country a new Legislative Body, under whatever name, of which it is known beforehand that the elements of the Upper Chamber are incompatible with those of the Lower, and that upon all important questions there must be a conflict of principles between the two? The fact is that the differences between the Danish and German subjects of the King-Duke can only be settled upon the basis of a Confederation, and that no cominon form of Government, resting upon a system of popular representation, can succeed in the Danish Monarchy for reasons which M. Renck himself, in this pamphlet, has sufficiently explained.

The author mistakes in supposing that his scheme would lead to an understanding between the Duchies and the kingdom, in regard to the question of the

domain lands, or that it would promote an improved financial system, and a development of industrial resources. He states erroneously that the domain lands belong to the monarchy at large, instead of specially to the Duchy or part in which they lie. He is also in error in the belief he expresses that the promise of the Danish Government to treat with a new Assembly of the Holstein States can inspire the German Powers with any confidence, after the illusory conduct practised by Denmark towards those States and towards the Federal Diet, on so many past occasions.

Nor is it easy to conceive how the author can seriously think that such a scheme as his can be accepted by the Duchies and by the German Powers as a fulfilment of the engagements entered into by Denmark with Austria and Prussia in the year 1851, or of the promises held out by the King-Duke to his German subjects in his often-quoted Proclamation of January 28, 1852.

Hamburgh, September 1860.

(Signed) J. WARD.

No. 61.

Mr. Paget to Lord J. Russell.—(Received at Coburg, October 5.)

My Lord,

Copenhagen, October 2, 1860.

ON inquiry of M. Hall a few days since if he had informed his colleagues of the contents of your Lordship's despatch of the 19th September, which I had communicated to him, and whether they had taken any new decision with regard to the affairs of Schleswig in consequence, his Excellency replied that he had certainly made known the opinions of Her Majesty's Government in the Council which had been recently held, but that the moment was not yet arrived for going beyond what was stated in the Memorandum which I had received from him, a copy of which was inclosed in my despatch of the 21st August.

The time for considering what might be further done would be when the Prussian Government had assented to the arrangement for Holstein.

I had a further interview with his Excellency yesterday, and I again came back to this subject. I said I was about to avail myself of your Lordship's permission to leave Copenhagen temporarily, and it would be a source of great satisfaction to me before doing so, if I could inform your Lordship that the Danish Government had decided on taking that course which could alone lead to a satisfactory solution.

I said it was most important for the success of the negotiations which Her Majesty's Government had undertaken at Berlin to strengthen their hands in the way I had indicated.

I then alluded to the various points in the Memorandum above-mentioned. I did not deny, I said, that there were certain concessions made, but what was given with one hand might be said to be taken back by the other, and the general impression left on the mind was that the Danish Government was not sincere in its desire to remedy the evils complained of. I therefore begged his Excellency most earnestly to reconsider not only the partial concessions specified in the Memorandum, but to look at the whole question in a larger and more liberal spirit, and to take such further measures as would enable Her Majesty's Government to support the Danish cause with efficacy and success.

M. Hall replied that he could only repeat what he had before told me, namely, that what was to be done for Schleswig must depend upon the reception which was now given to the proposals respecting Holstein. If they were accepted, and he could have a reasonable hope that by further concessions to Schleswig all further controversy would be put an end to, he would be enabled to take such measures as, he was convinced, would be satisfactory to Her Majesty's Government; but without this prospect he would only be attempting an useless task, and risking his own political position, by promising more than he had already done. With reference to some of the observations I had just made, he said that, although the points I had alluded to might not appear important in themselves, they were, nevertheless, so considered by a large party in this country, and by many of his colleagues, who were opposed on principle to any concession respecting them.

M. Hall again spoke of his earnest desire to do everything he could to meet the views of Her Majesty's Government, but renewed the expression of his inability to go further in this direction until he was enabled to show that in doing so he would finally terminate all differences.

I have, &c.

I INCLOSE herewith a copy of a despatch from Her Majesty's Minister at Copenhagen,* and I have to instruct your Lordship to communicate the substance of this despatch to Baron Schleinitz, and to ask his Excellency what view the Prussian Government take of the concessions proposed for Schleswig and Holstein in M. Hall's Memorandum, which you read to his Excellency on the 22nd ultimo.

Foreign Office, October 12, 1860.

Sir, I HAVE received Mr. Paget's despatch of the 26th ultimo, reporting a further conversation which he had held with M. Hall relative to the concessions which the Danish Government proposed to make to the Duchies of Schleswig and Holstein, and I have to instruct you to say to M. Hall, that the Danish Government would do well to allow Her Majesty's Government to communicate to Prussia the Memorandum to which the Danish Government agreed. The Prussian Government may then consider the matter, and see whether they can negotiate upon the proposed basis.

I am, &c.

(Extract.)

Lord Bloomfield to Lord J. Russell.-(Received October 22.)

Berlin, October 20, 1860.

I AVAILED myself of a short stay here of Her Majesty's Minister at the Court of Denmark to discuss with him the best mode of making a further and a written communication to Baron Schleinitz of M. Hall's Memoranda respecting the concessions which the Cabinet of Copenhagen are prepared to make with a view of arriving at a better understanding with Germany on the questions of the Duchies of Holstein and Schleswig; and after communication with M. Hall, Mr. Paget prepared a Memorandum, in which he has endeavoured to embody the substance of the concessions proposed by Denmark, and I yesterday read this paper to Baron Schleinitz, and left it with his Excellency. A copy is herewith inclosed.

I have availed myself of the departure of a messenger to Copenhagen to send Mr. Manley a copy of this Memorandum, and I would request your Lordship, if you approve of the communication which I have made to Baron Schleinitz, to direct Mr. Manley to give a copy of it to M. Hall, as it would be unfair to leave the Danish Government in ignorance of the step which I have taken here in an affair of such deep interest to them.

* No. 61.

Inclosure in No. 64.

Memorandum communicated by Lord Bloomfield to Baron Schleinitz.

THE Danish Government being sincerely desirous of putting an end to the controversy which has unfortunately so long existed between Denmark and the German Confederation relative to the Duchy of Holstein, has determined on making a further effort to bring about this desirable result.

The Danish Government is convinced that it would be uscless to endeavour, under present circumstances, and with the agitation which exists in the public mind in Holstein, to settle at once and definitely the constitutional position which that Duchy is to hold in the Monarchy; and that it is, therefore, necessary to prepare the way for a definitive arrangement by one of a temporary nature, which would give time for calm reflection and discussion between the two parties more immediately interested, viz., the Provincial States of Holstein and the Danish Government.

For this purpose the Danish Government is prepared to adopt the following modifications in the existing state of things:

The consultative vote accorded to the Holstein States by the second paragraph of the Royal Patent of the 23rd of September, 1859, to be changed to a deliberative one, so that no law shall have force in Holstein, either in regard to persons or property, without the approbation of the States of this Duchy. It is to be hoped that the common interests of the "Rigsraad" and the States of Holstein may produce an understanding between them on matters submitted to their deliberation; but if, notwithstanding the repeated efforts of the Government, disagreements should still continue to prevail between the two Assemblies on matters of too much importance to be postponed to a subsequent period, the Danish Government engages not to give effect to the measure in that part of the Monarchy, the Assembly of which shall have rejected it, and to confine its operation to the part of the Monarchy whose Assembly has accepted it.

In order to bring about an understanding between the contending opinions of the two Assemblies, it might be necessary, perhaps, to adopt measures of a special character (such, for instance, as the nomination of a Commission of equal numbers from both Assemblies); but without entering at present into details on this point, it may be observed that the Danish Government will do nothing that will interfere with the liberty of decision accorded to each Assembly.

With reference to financial arrangements, the amount which the special finances of Holstein will have to contribute to the common expenses of the Monarchy will be fixed once for all at 850,000 rix-dollars, which is the average sum paid by that Duchy on a calculation of the last six years. As long as no augmentation of this sum is necessary, the Holstein States will exercise no control over its employment, but should the exigencies of the State require additional resources, the augmentation of the sum fixed can only be imposed on the finances of Holstein by Royal Ordinance after the free consent of the States has been given.

The Prussian Government will doubtless recognise in the above proposals the spirit of conciliation by which that of Denmark is animated. If these arrangements are carried into effect the States of Holstein will in point of fact exercise the same control over measures affecting their Duchy as the Rigsraad possesses over those intended for the other parts of the Monarchy; and it is, therefore, hoped that, when the plan is submitted to the Diet by the Danish Representative at Frankfort, it may receive the support of Prussia. But the Danish Government is prepared to go still further in the way of conciliation. They cannot indeed, nor will they, admit any right on the part of Germany to interfere in the affairs of Schleswig; and whatever concessions are made to this Duchy must be understood as emanating solely from the free will of the Danish Government, and not construed into an admission of the authority of the Confederation in Schleswig.

As a proof of the friendly sentiments by which they are animated, and of their desire to remedy some of the evils complained of, the Danish Government would be prepared, on the consent of the Diet being given to the temporary arrangement for Holstein above alluded to, to adopt the following modifications in the laws at present existing in Schleswig:

1st. The religious ceremony of confirmation to be performed in the language selected by the individual.