| Primary Source |
| International
| East Europe | Poland | [P|S|M] |
British Protest against Annexation of Cracow in Austria |
November 23, 1846
(Hertslet ii No.202)
My Lord,
Count Dietrichstein, the Chevalier Bunsen, and Baron Brunnow, have communicated to me identic despatches from their respective Governments,
with a Memorandum inclosed in each, announcing to Her Majesty's Government the intention of the Governments of Austria, Russia, and Prussia, to put an end to the independent existence of the Free State of Cracow, and to incorporate the City and its Territory in the Dominions of the Emperor of Austria. The grounds upon which this intention is rested, are the allegation that the Free State of Cracow was created and constututed in May, 1815, by the Triple Treaty between Austria, Russia, and Prussia; that those 3 Powers alone, having been its creators, they are competent, by their own authority, to put an end to its existence; that they now feel themselves justified in doing so, because the Free State has for a long course of years failed in its duty towards the Protecting Powers; that during the Polish Insurrection (p.61) in 1830, Cracow gave aid to the insurrectionary forces in the Kingdom of Poland, and harboured a great number of refugees from thence when the Insurrection was put down; that from that time to the present it has been the centre of political intrigues, tending to disturb the tranquillity of the 3 adjoining States; that recently its population actually invaded the Province of Galicia and plundered the treasury of the Salt Mines of Wieliczka, and that its Government, having been dissolved by internal dissensions, the question now for the 3 Protecting Powers to decide, has become, whether they should reconstruct a non-existing Government, or entirely alter the condition of existence of Cracow and its Territory; and they say that they have preferred the latter course, and have determined that Cracow shall revert to Austria, to which Power it belonged before 1809, and that it shall henceforward form a part of the Austrian Dominions.
Her Majesty's Government has received this communication with deep regret and with much surprise. The communications which of late have been had with the Representatives of the 3 Powers at this Court had led Her Majesty's Government to expect that some proposal would be made by the 3 Powers for some modification of the Political Condition in which the Treaty of Vienna has placed the Free State of Cracow, with a view the better to secure the Territories of the 3 Powers from risk of disturbance by plots which might be formed in Cracow; but her Majesty's Government were not prepared for such a communication as that which they have now received; and Her Majesty's Government feel themselves bound to Protest against the execution of the intention which has thus been announced. (p.62)
Her Majesty's Government will first consider the grounds upon which the proposed measure is sought to be justified, and secondly the right which the 3 Powers claim to themselves to carry iy into execution of their own authority.
After the events of 1830 and 1836, it is to be remarked that the 3 Powers had recourse to measures which they thought sufficient for the security of their respective Dominions, and those events can scarcely be quoted now as affording grounds for fresh severity against Cracow; and with respect to the inroad made by the people of Cracow into the Galician Territory about a twelvemonth ago, and the alleged dissolution of the Government of Cracow by its own act, Her Majesty's Government would observe, that if General Collin, who was invited into Cracow by the Government of that State for the Maintenance of order, had not suddenly withdrawn his troops, it is probable that no inroad would have been made by the people of Cracow into Galicia; and as that General carried away with him all the constituted authorities of the City, and left the City and State in a condition of administrative anarchy, it can hardly be said that the dissolution of the Government was the act of the people of Cracow themselves.
But it is alleged that Cracow has long been, and if it remains Independent, will still continue to be the centre of intrigues, having for their object the disturbance of the tranquillity of adjoining Territories; and the question is, in what degree the present Political Condition of Cracow affords facilities for the carrying on of such practices?
Now, such intrigues and plots must be carried on either by strangers coming to Cracow, or by the native inhabitants themselves. (p.63)
But no stranger can reach Cracow except by traversing a vast extent of Territory belonging to one or other of the 3 Powers; and it is difficult to
imagine that any Polish exile, or any conspirator from any foreign country, could so far elude the vigilance of the police of the Power whose Territory
he would have to pass through, as to be able to penetrate to Cracow.
The population of Cracow is not large in number, and not only would the arrival of a suspicious stranger among them be quickly known to the Police, but it would be scarcely possible for such stranger, or for any resident inhabitant of the State, long to carry on a correspondence with the people of neighbouring districts, for the purpose of exciting disturbances therein, without such correspondence coming to the knowledge of the Government, and through them to that of the 3 Residents; and such practices being once known, the laws of Cracow would surely afford means to put a stop to them effectually. But if the police regulations of Cracow are not efficient enough to secure the obtaining of such information; and if the laws of Cracow do not give the Government power to prevent such an abuse of the shelter of the Free State, those police regulations might be improved and such laws might be altered; and full security might in these respects be obtained for the 3 Powers without destroying the existence of the State.
It is no doubt the duty of Cracow to give the 3 Powers such security; for freedom and independence were given to Cracow for the well-being and
happiness of its own people; and not in order to enable that people to create disturbances and confusion in adjoining countries.
It appears, then, to Her Majesty's Government that no sufficient proof has yet been given to show that full security might not be afforded to the
internal tranquillity (p.64) of the Territory of the 3 Powers, without destroying the Separate and Independent existence of the State of Cracow.
But Her Majesty's Government must at all events deny the competency of the 3 Powers to decide upon and to execute such a measure, of their own separate authority, and without the concurrence of the other Powers who were parties to the Treaty of Vienna of June, 1815.
There is no doubt that the erection of Cracow and its Territory into a Free and Independent State, together with many of the details of its
organization, are matters which were first recorded by the Treaty of the 3rd of May, 1815. But that Treaty merely recorded one part of the various
arrangements made by the General Congress of Vienna; and it was by Article CXVIII of the General Treaty declared to be an integral part of the
arrangements of the Congress of the European Powers, and to have everywhere the same force and value as if it had been inserted word for word in the General Treaty.
But besides this the leading stipulations about Cracow which are contained in the Separate Treaty of the 3rd of May, concluded between the 3 Powers, are inserted word for word in the General Treaty to which all the Powers are parties, and those stipulations constitute the Articles VI, VII, VIII, IX, X, of that General Treaty.
It is demonstrable, therefore, that with whomsoever may have originated the plan of erecting Cracow and the Territory into a Free and Independent State, that plan was carried into effect by stipulations to which all the Powers were equally parties; and consequently it is not competent for 3 of those Powers by their own separate authority to undo that which was established (p.65) by the common engagements of the whole; and it is manifest that the special duty which the 3 Powers undertook, of protecting the Independence of the State, cannot invest them with any right to overthrow that Independence and to destroy it.
For these reasons Her Majesty's Government are of opinion that the execution of the intentions which the 3 Powers have announced, would be a
measure justified by no adequate necessity, and would involve a violation of positive stipulations contained in the General Treaty of Vienna; and Her
Majesty's Government, deeply impressed with the conviction that it is above all things important that the engagements of Treaties should at all times be faithfully observed, most earnestly hope that means may be devised for guarding the Territories of the 3 Powers against the dangers adverted to in their identic communications, without any breach of the Treaty of 1815.
Your Excellency will read this despatch to Prince Metternich, and you will send him officially a copy of it.
I am, &c.
Palmerston
| | R.B. Mowat, Select Treaties and Documents 1815-1916, Oxford : Clarendon Press, 1916,
pp.60-65 |
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