THE LONDON GAZETTE, SEPTEMBER 15, 1863.
4474
in favour of the Poles, In every considerable State where there exists a national representation, —in England, in France, in Austria, in Prussia, in Italy, in Spain, in Portugal, in Sweden, in Denmark, that sympathy has been manifested. Wherever there is a National Administration, the Administration has shared, though with prudence and reserve in expression, the feelings of the legislature and the nation.
Russia ought to take into account these sympathies, and profit by the lesson which they teach.
3. Prince Gortchakoff lays much stress on the fact, which cannot be denied, that "the insurgents demand neither an amnesty, nor an autonomy, nor a representation more or less complete."
But it would be a mistake to suppose that in cases of this kind there are only two parties, viz., the Government occupied in suppressing the insurrection, and the leaders of the insurgents busy in fomenting and extending it. Besides these parties there is always in such cases a large floating mass who would be quite contented to see persons and property secure under a just and beneficent Administration. The confidence of this great mass has not been obtained, and their continued inaction can hardly be depended upon.
Her Majesty's Government must again represent the extreme urgency of attempting at once the work of conciliation which is so necessary for the general interest.
In profiting by the loyal and disinterested assistance which is offered her by Austria, France, and Great Britain, the Court of Russia secures to herself the most powerful means towards making ideas of moderation prevail in Poland, and thus laying the foundations of permanent peace.
4. In referring to the Treaty of Vienna, Prince Gortchakoff says that "we should not be far from the truth if we affirmed that the 1st Article of the Treaty of Vienna was prepared by and directly emanated from His Majesty the Emperor Alexander 1."
Her Majesty's Government readily admit the probability of this supposition. In 1815, Great Britain, Austria, France, and Prussia would have preferred to the arrangement finally made, a restoration of the ancient Kingdom of Poland as it existed prior to the first partition of 1772, or even the establishment of a new independent Kingdom of Poland, with the same limits as the present kingdom.
The great army which the Emperor Alexander then had in Poland, the important services which Russia had rendered to the Alliance, and, above all, a fear of the renewal of war in Europe, combined to make Great Britain, Austria, and Prussia, accept the arrangement proposed by the Emperor Alexander, although it was, in their eyes, of the three arrangements in contemplation, the one least likely to produce permanent peace and security in Europe.
But the more Her Majesty's Government see in the decision adopted the prevailing influence of Russia, the more they are impressed with the conviction that the Emperor of Russia ought to be, of all Sovereigns, the most desirous to observe the conditions of that arrangement.
It would not be open to Russia to enjoy all the benefits of a large addition to her dominions, and to repudiate the terms of the instrument upon which her tenure depends.
In stating these terms Prince Gortchakoff says that the only stipulation which can have made it appear doubtful that the Emperor of Russia possessed the Kingdom of Poland by the same title as that by which he holds his other possessions, the only one which could make his rights dependent upon any condition whatever, is contained in two passages, which he proceeds to quote.
But there is another passage which he does not quote. It is found in the beginning of the 1st Article, and says:—
"The Duchy of Warsaw, with the exception of the provinces and districts which are otherwise disposed of by the following Articles, is united to the Russian Empire, to which it shall be irrevocably attached by its Constitution, and be possessed by His Majesty the Emperor of all the Russias, his heirs and successors in perpetuity."
Were not a national representation intended by this Article it would have been sufficient to say, "to which it shall be irrevocably attached," without any mention of a Constitution.
It is, therefore, evident that the Constitution is the link by which Poland was connected with Russia. It is important to know what this Constitution was which united Poland and Russia. It was not prescribed by the Treaty; it was not promulgated by the European Powers; its construction was left entirely to the Emperor Alexander but nevertheless, when once promulgated, it must be taken to be the Constitution meant by the framers of the Treaty of Vienna.
It was for this reason that Her Majesty's Government proposed as the second of the six points laid before the Government of Russia, "national representation with powers similar to those which are fixed by the Charter of the 3rd November, 1815."
5. Passing to the specific propositions of Her Majesty's Government, Prince Gortchakoff says in regard to the six points, that the greater part of the measures which were pointed out by the three Powers "have already been either decreed or prepared on the initiative of our august Master."
Towards the end of the despatch an allusion is made to "the measures which His Majesty adheres to, both in the germs already laid down, and in the development of them which he has allowed to be foreseen."
This passage, though far from being a definite assurance either of a national representation with efficacious means of control, or of a national administration, gives some hope that the Emperor Alexander will ultimately listen to the inspirations of his own benevolent disposition and to the counsels of Europe.
The proposal of a suspension of hostilities is rejected in justice to the Emperor's faithful army, to the peaceable majority of Poles, and to Russia, on whom these agitations impose painful sacrifices."
The proposal of a Conference of the Powers who signed the Treaty of Vienna is rejected, and with it the prospect of an immediate and friendly concert.
In the place of this fair and equitable proposal, the Russian Cabinet suggests that the three Powers who proposed the separate Treaties between Austria and Russia, and Prussia and Russia, previously to the General Treaty of Vienna, should meet together, and that France and Great Britain should be afterwards informed of the result of their deliberations.
There are two reasons, either of which would be sufficient to condemn this suggestion :-
1. The Treaties in question, taken apart from the provisions inserted in the General Treaty of Vienna, have reference only to material objects, the use of the banks of rivers, the regulations for towing paths, the free passage of merchandize from one province to another, and such other matters of convenience and of commerce.
No political developments or details are contained in them.
2. It is obvious that such a Conference would place Austria in a false position, and be inconsistent with her relations to France and Great Britain
His Majesty the Emperor of Austria, therefore, with a proper sense of his own dignity, has at once rejected the Russian proposal.
In communicating their views to Prince Gortchakoff, it remains to Her Majesty's Government to discharge an imperative duty.
It is to call his Excellency's most serious attention to the gravity of the situation, and the responsibility which it imposes upon Russia.
Great Britain, Austria, and France have pointed out the urgent necessity of putting an end to a deplorable state of things which is full of danger to Europe. They have at the same time indicated the means which, in their opinion, ought to be employed to arrive at this termination, and they have offered their co-operation in order to attain it with more certainty.
If Russia does not perform all that depends upon her to further the moderate and conciliatory views of the three Powers, if she does not enter upon the path which is opened to her by friendly counsels, she makes herself responsible for the serious consequences which the prolongation of the troubles of Poland may produce.
I am, &c.
(Signed)
RUSSELL.
4475
nations, have proved insufficient to satisfy the requirements of modern navigation; and whereas various alterations in such rules and practice have from time to time been made by different nations, but the rules so altered have been found to be in some cases inconsistent with each other, and in other cases to have the force of municipal law only; and whereas certain regulations for the purpose aforesaid have been sanctioned by "The Merchant Shipping Act Amendment Act, 1862," and are contained in the table C, in the schedule to that Act; And whereas for the purpose of correcting certain clerical errors the said regulations have, in pursuance of the provisions in the said Act contained, been modified by an Order in Council bearing date the 9th day of January, 1863, and the said regulations, so modified, are appended to the said Order, and to this Order; And whereas by virtue of the said Act and of the said Order the said regulations so appended as aforesaid, so far as relates to British and French ships and also so far as relates to other foreign ships when within British Jurisdiction, came into operation on the first day of June, one thousand eight hundred and sixty-three; And whereas it is provided by the same Act, that, whenever it is made to appear to Her Majesty that the Government of any foreign country is willing that the regulations for preventing collision contained in Table C in the schedule to the said Act, or such other regulations for preventing collision as are for the time being in force under the said Act should apply to the ships of such country when beyond the limits of British Jurisdiction, Her Majesty may by Order in Council direct that such regulations shall apply to the ships of the said foreign country, whether within British Jurisdiction or not. And it is further provided by the said Act than whenever an Order in Council has been issued applying any regulation made by or in pursuance of the said Act to the ships of any foreign country such ships shall, in all cases arising in any British Court, be deemed to be subject to such regulation, and shall for the purpose of such regulation be treated as if they were British ships: And whereas it has been made to appear to Her Majesty that the following Governments, that is to say :-
The Government of His Majesty the King of the Netherlands, and
The Government of the Argentine Republic,
are willing that the said Regulations appended to the said Order, and to this Order should apply to ships belonging to their respective countries when beyond the limits of British jurisdiction.
And whereas it has also been made to appear to Her Majesty, that
The Government of His Majesty the King of Sweden and Norway
is willing that the said Regulations appended to the said Order and to this Order should, on and after the first day of September, one thousand eight hundred and sixty-three, apply to ships belonging to Norway when beyond the limits of British jurisdiction;
Now, therefore, Her Majesty, by virtue of the power vested in Her by the said recited Act, and by and with the advice and consent of Her Privy Council, is pleased to direct,
That the said regulations appended to the said Order in Council, bearing date the ninth day of January, one thousand eight hundred and sixty-three, and to this Order, shall from the date of...
AT THE COURT AT WINDSOR, the 12th day of September, 1863.
PRESENT,
The QUEEN's Most Excellent Majesty in Council.
IT is this day ordered by Her Majesty in Council, that the Parliament which stands prorogued to Wednesday, the fourteenth day of October next, be further prorogued to Tuesday, the first day of December next.
Arthur Helps.
AT THE COURT AT WINDSOR, the 12th day of September, 1863.
PRESENT,
The QUEEN's Most Excellent Majesty in Council.
IT is this day ordered by Her Majesty in Council, that the Convocations of the Provinces of Canterbury and York, be prorogued from the day to which the same now stands prorogued, to Wednesday, the second day of December next.
Arthur Helps.
AT THE COURT AT WINDSOR, the 12th day of September, 1863.
PRESENT,
The QUEEN's Most Excellent Majesty in Council.
158
JDENT
Cou
Offi
:
*
4474
THE LONDON GAZETTE, SEPTEMBER 15, 1863.
in favour of the Poles, In every considerable State where there exists a national representation, —in England, in France, in Austria, in Prussia, in Italy, in Spain, in Portugal, in Sweden, in Denmark, that sympathy has been manifested. Wherever there is a National Administration, the Administration has shared, though with prudence and reserve in expression, the feelings of the legislature and the nation.
Russia ought to take into account these sympa- thies, and profit by the lesson which they teach.
3. Prince Gortchakoff lays much stress on the fact, which cannot be denied, that "the insurgents demand neither an amnesty, nor an autonomy, nor a representation more or less complete."
But it would be a mistake to suppose that in cases of this kind there are only two parties, viz., the Government occupied in suppressing the insur- rection, and the leaders of the insurgents busy in fomenting and extending it. Besides these parties there is always in such cases a large floating mass who would be quite contented to see persons and property secure under a just and beneficent Ad- ministration. The confidence of this great mass has not been obtained, and their continued inaction can hardly be depended upon.
Her Majesty's Government must again repre- sent the extreme urgency of attempting at once the work of conciliation which is so necessary for the general interest.
In profiting by the loyal and disinterested assis tance which is offered her by Austria, France, and Great Britain, the Court of Russia secures to her- self the most powerful means towards making ideas of moderation prevail in Poland, and thus laying the foundations of permanent peace.
4. In referring to the Treaty of Vienna, Prince Gortchakoff says that "we should not be far from the truth if we affirmed that the 1st Article of the Treaty of Vienna was prepared by and directly emanated from His Majesty the Emperor Alex- ander 1."
Her Majesty's Government readily admit the probability of this supposition. In 1815, Great Britain, Austria, France, and Prussia would have preferred to the arrangement finally made, a resto- ration of the ancient Kingdon of Poland as it existed prior to the first partition of 1772, or even the establishment of a new independent Kingdom of Poland, with the same limits as the present kingdom.
The great army which the Emperor Alexander then had in Poland, the important services which Russia had rendered to the Alliance, and, above all, a fear of the renewal of war in Europe, com- bined to make Great Britain, Austria, and Prussia, accept the arrangement proposed by the Emperor Alexander, although it was, in their eyes, of the three arrangements in contemplation, the one least likely to produce permanent peace and security in Europe.
But the more Her Majesty's Government see in the decision adopted the prevailing influence of Russia, the more they are impressed with the con- viction that the Emperor of Russia ought to be, of all Sovereigns, the most desirous to observe the conditions of that arrangement.
It would not be open to Russia to enjoy all the benefits of a large addition to her dominions, and to repudiate the terms of the instrument upon which her tenure depends.
In stating these terms Prince Gortchakoff says that the only stipulation which can have made it appear doubtful that the Emperor of Russia pos- sessed the Kingdom of Poland by the same title as that by which he holds his other possessions, the only one which could make his rights dependent
upon any condition whatever, is contained in two passages, which he proceeds to quote.
But there is another passage which he does no quote. It is found in the beginning of the 1st Article, and says:—
"The Duchy of Warsaw, with the exception of the provinces and districts which are otherwise disposed of by the following Articles, is united to the Russian Empire, to which it shall be irrevo- cably attached by its Constitution, and be possessed by His Majesty the Emperor of all the Russias, his heirs and successors in perpetuity."
Were not a national representation intended by this Article it would have been sufficient to say, "to which it shall be irrevocably attached," with- out any mention of a Constitution.
It is, therefore, evident that the Constitution is the link by which Poland was connected with Russia. It is important to know what this Con- stitution was which united Poland and Russia. It was not prescribed by the Treaty; it was not promulgated by the European Powers; its coo- struction was left entirely to the Emperor Alex- ander but nevertheless, when once promulgated, it must be taken to be the Constitution meant by the framers of the Treaty of Vienna.
It was for this reason that Her Majesty's Government proposed as the second of the six points laid before the Government of Russia, "national representation with powers similar to those which are fixed by the Charter of the th November, 1815."
5. Passing to the specific propositions of Her Majesty's Government, Prince Gortchakoff says in regard to the six points, that the greater part of the measures which were pointed out by the three Powers "have already been either decreed or prepared on the initiative of our august Master."
Towards the end of the despatch an allusion is made to "the measures which His Majesty adheres to, both in the gerins already laid down, and in the development of them which he has allowed to be foreseen."
This passage, though far from being a definite assurance either of a national representation with efficacious means of control, or of a national ad- ministration, gives some hope that the Emperor Alexander will ultimately listen to the inspirations of his own benevolent disposition and to the counsels of Europe.
The proposal of a suspension of hostilities is rejected in justice to the Emperor's faithful army, to the peaceable majority of Poles, and to Russia, on whom these agitations impose painful sacrifices."
The proposal of a Conference of the Powers who signed the Treaty of Vienna is rejected, and with it the prospect of an immediate and friendly
concert.
In the place of this fair and equitable proposal, the Russian Cabinet suggests that the three Powers who proposed the separate Treaties be tween Austria and Russia, and Prussia and Russia, previously to the General Treaty of Vienna, should meet together, and that Franco and Great Britain should be afterwards informed of the result of their deliberations.
There are two reasons, either of which would
be sufficient to condemn this suggestion :-
i. The Treaties in question, taken apart from the provisions inserted in the General Treaty of Vienna, have reference only to material objects, the use of the banks of rivers, the regulations for towing paths, the free passage of merchandize from one province to another, and such other matters of convenience and of commerce.
No
THE LONDON GAZETTE, SEPTEMBER 15, 1863.
political developments or details are contained in
them.
2. It is obvious that such a Conference would place Austria in a false position, and be inconsis- tent with her relations to France and Great Britain
His Majesty the Emperor of Austria, therefore, with a proper sense of his own dignity, has at once rejected the Russian proposal.
In communicating their views to Prince Gort- chakoff, it remains to Her Majesty's Government to discharge an imperative duty.
It is to call his Excellency's most serious atten- tion to the gravity of the situation, and the re- sponsibility which it imposes upon Russia.
Great Britain, Austria, and France have pointed out the urgent necessity of putting an end to a deplorable state of things which is full of danger to Europe. They have at the same time indicated the means which, in their opinion, ought to be employed to arrive at this termination, and they have offered their co-operation in order to attain it with more certainty.
If Russia does not perform all that depends upon her to further the moderate and conciliatory views of the three Powers, if she does not enter upon the path which is opened to her by friendly counsels, she makes herself responsible for the serious con- sequences which the prolongation of the troubles of Poland may produce.
A
I am, &c.
(Signed)
PRESENT,
RUSSELL.
4475
nations, have proved insufficient to satisfy the requirements of modern navigation; and whereas various alterations in such rules and practice have from time to time been made by different nations, but the rules so altered have been found to be in some cases inconsistent with each other, and in other cases to have the force of municipal law only; and whereas certain regulations for the purpose aforesaid have been sanctioned by "The Merchant Shipping Act Amendment Act, 1862," and are contained in the table C, in the schedule to that Act; And whereas for the purpose of correcting certain clerical errors the said regu- lations have, in pursuance of the provisions in the said Act contained, been modified by an Order in Council bearing date the 9th day of January, 1863, and the said regulations, so modified, are appended to the said Order, and to this Order; And whereas by virtue of the said Act and of the said Order the said regulations so appended as aforesaid, so far as relates to British and French ships and also so far as relates to other foreign ships when within British Jurisdiction, came into operation on the first day of June, one thousand eight hundred and sixty-three; And whereas it is provided by the same Act, that, whenever it is made to appear to Her Majesty that the Govern- ment of any foreign country is willing that the regulations for preventing collision contained in Table C in the schedulo to the said Act, or such other regulations for preventing collision as are for the time being in force under the said Act should apply to the ships of such country when beyond the limits of British Jurisdiction, Her Majesty may by Order in Council direct that such
T the Court at Windsor, the 12th day of regulations shall apply to the ships of the said foreign country, whether within British Juris- September, 1863.
diction or not. And it is further provided by the said Act than whenever an Order in Council has been issued applying any regulation made by or in pursuance of the said Act to the ships of
any foreign country such ships shall, in all cases arising in any British Court, be deemed to be
The QUEEN's Most Excellent Majesty in Council.
is this day ordered by Iler Majesty in I Council, that the Parliament which stands subject to such regulation, and shall for the pur prorogued to Wednesday, the fourteenth day of October next, be further prorogued to Tuesday, the first day of December next.
Arthur Helps.
pose of such regulation be treated as if they were British ships: And whereas it has been made to appear to Her Majesty that the following Govern- ments, that is to say :-
The Government of His Majesty the King of the Netherlands, and
The Government of the Argentine Republic,
T the Court at Windsor, the 12th day of are willing that the said Regulations appended to
September, 1863.
AT
PRESENT,
The QUEEN's Most Excellent Majesty in Council.
IT
is this day ordered by Her Majesty in
vinces of Canterbury and York, be prorogued from the day to which the same now stands prorogued, to Wednesday, the second day of December next.
Arthur Helps.
AT
T the Court at Windsor, the 12th day of
September, 1863.
PRESENT,
The QUEEN's Most Excellent Majesty in Council.
the said Order, and to this Order should apply to ships belonging to their respective countries when beyond the limits of British jurisdiction.
And whereas it has also been made to appear to Her Majesty, that
The Government of His Majesty the King of Sweden and Norway
is willing that the said Regulations appended to the said Order and to this Order should, on and after the first day of September, one thousanıl eight hundred and sixty-three, apply to ships belonging to Norway when beyond the limits of British jurisdiction;
Now, therefore, Her Majesty, by virtue of the power vested in Her by the said recited Act, and by and with the advice and consent of Her Privy Council, is pleased to direct,
That the said regulations appended to the said
WHEREAS the rules and practice observed Order in Council, bearing date the ninth day of
for the purpose of preventing collisions at ea, which were formerly adopted by maritime
A 2
January, one thousand eight hundred and sixty- three, and to this Order, aball from the date of
158
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