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chancery until the whole property was consumed, and two or three generations of claimants had died of starvation.

I have, therefore, not the faintest intention of examining the merits of the case; and it would certainly be a marvellous spectacle if all Europe, in this age of the world, were to be plunged into a sanguinary and protracted struggle to

settle such a lawsuit.

One would have thought that the time had gone by for wars of succession; but they must, perhaps, periodically recur, as results of the European principle, that great countries, with all their inhabitants, are the private property of a small number of privileged families.

The probable attitude of the great powers on this question is far more important than the legal aspects of the case. Austria and Prussia signed the protocol, but it is contended that they did not sign it as members of the Bund, but only as European powers. Moreover, Austria and Prussia might easily be outvoted in a plenary sitting of the Diet. Practically, however, it is absurd to suppose that the Bund could take active war measures, or active measures of any kind, without the consent of these two great constituents. The Germanic Confederation, even with Austria and Prussia, is but a political shadow. Without them it is not even the shadow of a shade.

As a matter of fact, the Austrian government is most anxious to recognize Christian IX as Duke of Schleswig, Holstein, and Lauenburg, and to maintain the Danish monarchy in its entirety. It also desires to act in concurrence with Prussia on this question. Up to the moment of this writing, however, Prussia has not yet answered a proposition of Austria to this effect, and has not yet shown its hand.

Meantime, to judge by the almost universal language of the German press, and by excited speeches made by prominent members of the liberal party to the National German Union League, and to enthusiastic mass meetings, embracing six to ten thousand, (according to reports,) in Hamburg, Hanover, Frankfort, and other places, the German feeling is rising to fever heat. It is loudly proclaimed that the hour has at last struck for delivering a million of German brethren from Danish oppression, and for reannexing to the fatherland these duchies, which are once for all to be now separated forever from Denmark.

The chronic rivalry between Austria and Prussia for the leadership of Germany makes it difficult and dangerous for either power to balk this German enthusiasm in its first effervescence, and to confront this strong manifestation in favor of the Augustenburg as the legal proprietor and master of the duchies and all their inhabitants-who thus, by an odd combination of circumstances, appears at once as the standard-bearer of the most antiquated legitimacy, and the representative of the great principle of German nationality and popular rights.

The moment is an anxious one. How can the Bund make, or even contemplate, war with Denmark, backed up certainly by England, and probably by France and Russia? Yet how can all this Germanism be got to bubble quietly away, and subside without any blood letting?

On the other hand, how, in case of the Bund's proceeding to actual hostilities, can England tolerate the immense damage to her commerce which would be caused by the blockading by Denmark of Hamburg, Bremen, and other German ports in the North sea? It is useless to deny the existence of a very widespread desire among the inhabitants of Germany to sever the duchies from Denmark; and this desire is encouraged and shared in by many of the less important sovereigns of the country. Should this desire ripen into determination, it is possible that the people may compel the leading German powers to place themselves at the head of the movement. In this case Denmark must fight for the protocol, and be supported in so doing by other powers, or it must cease to exist. The Austrian government is anxious to stand by the protocol, and recog

nize Christian IX as sovereign over all the realms of his predecessor, but Prussia still hesitates.

Meantime the supreme tribunal of Holstein has refused the oath of allegiance to the new king, an expression of a legal opinion the gravity of which cannot be gainsaid.

I shall say no more to-day, except that Europe is likely to have enough on its hands at home during the coming year, and that certain of the great powers are likely to check that periodical and mischievous desire for intermeddling in our affairs which is so apt to break out when the cisatlantic world is comparatively tranquil.

We have it on the high authority of the Emperor Napoleon that the political fabric of Europe is dilapidated-that its foundations are crumbling in all directions. Since those words were spoken a great war threatens to desolate Europe in order to settle the comparative value of a protocol, signed a dozen years ago, by the representatives of half a dozen kings, and a series of musty parchments centuries old. A lawsuit about a meagre province of puny proportions in the North sea is about to set Europe in flames, while already a congress has been called to avert a war in another direction, and nobody believes in its efficacy. In the last dozen years there have already been two great European wars, besides lesser and more distant ones, which are chronic, carried on by the leading powers. Not a great power of them all but holds in subjection by force of arms millions of mankind, alien to their language, their race, or their religion. One great monarchy bombards and burns populous cities at one end of the earth, every inhabitant of which is innocent of any thought of offence against the bombarding nation; another great monarchy carries fire and sword into a republic at the other end of the world, and seeks to subjugate it by force of arms and convert it into an empire; meantime the whole surface of Europe conceals smouldering revolutionary fires, which are likely to find vent at any moment and in any direction; while the fear of such outbreaks, combined with the perpetual rivalries and international hatreds of hostile dynasties and nations, necessitates enormous armainents by land and sea, even in times of peace, which cripple the energies, exhaust the resources, and sicken the hearts of the people. A contemplation of European politics leads us to the sincere prayer that America may never be Europeanized.

I may be oversanguine, but a doubt has not yet crossed my mind that the American republic, based upon constitutional law, popular self-government, and the great principles of reason and justice, will suppress an insurrection made for the perpetuation and extension of African slavery, and for the abrogation of the first principles of freedom. I expect as much to see the sun set at noonday as to witness the destruction of our noble commonwealth and its dismemberment into a jarring, warring Europe, without the historical excuses of Europe.

The American people will carry on its righteous war of self-defence so long as a single rebel remains in arms to threaten the national existence, or to extend and perpetuate the accursed institution out of which all our misery has flowed. When that blessed result, which cannot now be far off, is reached, America may justly hope for centuries of peace, prosperity, and power; while if we fail our future is endless war. Meantime Europe, occupied with its own dynastic wars, in which the people have no part, will have less time just now to read us moral lectures on the blessings of peace.

I have the honor to remain, respectfully, your obedient servant,
J. LOTHROP MOTLEY.

Hon. WILLIAM H. SEWARD,

Secretary of State, Washington, D. C.

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No. 41.]

Mr. Motley to Mr. Seward.

LEGATION OF THE U. S. OF AMERICA AT Vienna, December 1, 1863. SIR: I have no special facts to report since my despatch of last week, but it cannot be denied that the aspect of affairs in Europe becomes every day more threatening.

There is but little said now of the Polish insurrection, which is considered as having been virtually suppressed by the superior force of the Russian government. The result of the many months of diplomatic correspondence on the part of the three great powers with Russia has been to excite hopes which were never to be fulfilled and enmities not easy to allay.

Any other issue could hardly have been anticipated when one of the three intervening powers had distinctly stated that she would never draw the sword in the dispute, and when it was quite obvious that such declarations on the part of one of the others would have been quite superfluous.

I beg to call your particular attention to the debate in the Austrian Reichsrath, a translation of which is appended to my despatch No. 39, from which you will see that for the imperial government of Austria to take part in a war against Russia in the cause of Poland has always been an impossibility. The result of intervention by words and letters has been, therefore, the reverse of beneficial. In the words of the Emperor Napoleon, "the steps of England, of Austria, and of France, in place of arresting the struggle, have only envenomed it." (Speech of November 5.) The refusal of the English government to accept the proposition of a European congress would seem to make the fulfilment of that project hopeless; indeed, it would seem, a priori, to have been hopeless. The sovereigns of Europe were invited to consult together in person upon the great questions which agitate Europe. It was understood that, among others, the Italian question, the German-Danish question, the Polish question, and the Danubian principality question, were to be discussed. But is it possible to imagine the King of Italy, the Emperor of Austria, and the Pope amicably discussing the Italian question? Can any one dream that King Victor Emanuel would agree to restore the provinces which he has acquired at the expense of the Papal see and of Austria, or that he would solemnly renounce in the face of the world the cherished hopes of the Italian people to obtain possession of Rome and of Venetia? Can any one imagine, on the other hand, that the Pope would recognize the possession by that potentate of those portions already acquired by him of the patrimony of St. Peter, or would in advance surrender Rome; or that the Emperor of Austria would entertain a proposition to abandon Venice, or the Italian Tyrol? Or could anything more unlikely be suggested than that the German Bund would submit what it considers a purely German question to the arbitration of foreign powers?

If such questions can be settled amicably by sovereigns or their plenipotentiaries around a green table, the millennium is much nearer than one would, from any other symptom, suppose it to be. I fear, therefore, that the general consultation to devise a panacea for those fatal diseases which, according to the alarming description of the French Emperor, now afflict the body politic of Europe, is not likely to be held. It is now understood that this empire has not declined the congress "in principle," but wishes a preliminary programme, and similar evasive acceptances by the other leading powers would seem equivalent to a refusal.

Thus this hemisphere is to remain in the desperate condition in which it found itself, according to such high authority, on the 5th of November-" Europe is laboring on all sides with the elements of dissolution.

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edifice is undermined by time, and destroyed piecemeal by revolution.

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The state of things is deranged and ruinious, crumbling away." (Speech of November 5 of French Emperor.)

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The pregnant questions addressed to the rulers of this part of the world by the same sovereign-"Shall the jealous rivalry of the great powers forever hinder the progress of civilization? Shall we always keep up mutual distrust by excessive armaments? Are we to exhaust the most precious resources indefinitely in a vain ostentation of our forces? Are we to preserve forever a state of things which is neither peace with its security, nor war with its chances of success?"—are not likely to receive satisfactory answers, It is for the powers who do not accept the congress to reply to the taunt that their "refusal leaves room to suspect the existence of secret projects that will not bear the light of day."

Under these circumstances it may be thought that it will require all the wisdom of European rulers to regulate their own affairs, thus officially declared to be hopelessly tending to ruin, and that we may be saved during the coming year from any interference on their part in our business.

I had hoped to send you by this post something definite in regard to the attitude of the Austrian government in the Schleswig-Holstein matter. A statement is daily expected in the Reichsrath from the minister of foreign affairs, but it has not yet been made.

On the constitutional question it may be said that no difference of opinion exists in Germany.

The Bund will unanimously carry out by force its decision that the new Danish constitution is unlawful. The decree of execution and occupation of Holstein has, however, not yet been made by the Diet, because precedence has been in a certain sense given to the succession question.

The Diet has just voted not to receive the Danish minister as representative of Holstein. Thus the 'question as to the rightful successor to the duchies is declared to be in suspense.

There are unofficial indications also of a willingness on the part of Austria and Prussia to conform to a majority of the Diet, when it comes to a vote on the succession question. In that case the whole force of the Bund would proceed to occupy Holstein, not only in order to protect that duchy against the imposition of the constitution, pronounced unlawful by the Bund, but in order to hold the territory until it shall be decided who is its rightful sovereign. The excitement in Germany on the subject is widespread and increasing. On the other hand, it is difficult to see how Denmark can help resisting this invasion by defending her fortresses and by aggressive maritime measures. This would be war, and it will then be for England to decide whether the maintenance of the integrity of the Danish monarchy is a sufficient cause for her to engage in hostilities with the Bund.

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I have the honor to remain your obedient servant,

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SIR: I transmit in this despatch a translation of Count Rechberg's statement in the Reichsrath, on the 4th of this month, in regard to the SchleswigHolstein matter. You will perceive that the imperial government takes the

ground that it is bound by the London protocol of 1852, which it signed as a European power. In this course it is acting in harmony with the Prussian government, whose position has already been announced.

The Austrian government maintains, however, that the stipulations entered into by Denmark in regard to the government of the duchies, which preceded and formed the base of the London treaty, are with the protocol itself parts of an indivisible whole. As these stipulations have been violated on the part of Denmark, by the 30th March decree, and by the new constitution in which the provisions of that decree have been subsequently embodied, the Austrian government, in common with Prussia, has decided to urge upon the Bund the necessity of sending a force into Holstein to execute the laws of the Bund; to fulfil, in short, the execution voted by the Diet before the death of Frederick VII.

In this position, as you are doubtless aware, Prussia and Austria are far behind the desires of the rest of the German states. They are also behind the aspirations of the great majority of the public of Prussia and Austria, so far as those sentiments can be ascertained by the tone of the press and of popular assemblies.

The Prussian Chamber of Deputies has just adopted resolutions, by a majority of 231 to 63, that the Duke of Augustenburg has an unquestionable claim to the government of the duchies; that not the German Bund, nor the estates of Schleswig-Holstein, nor the male heirs of the house of Oldenburg, have ever acceded to the decision of the London treaty of 1852, that no ruler can be imposed by foreign powers upon a German race against its own will and against constitutional laws; that Denmark, by violation of its own engagements, and by oppression of the German population in Schleswig, has forfeited all claim to the protection of the London treaty, and released the German powers from all obligations to sustain it; and that, therefore, the continued presence of the Danish troops in Holstein is a foreign invasion of German territory; that the honor and interest of Germany require that all German states should protect the rights of the duchies, recognize the Duke of Augustenburg as Duke of SchleswigHolstein, and give him requisite assistance in enforcing these rights. These resolutions embody, I should think, the sentiments of a large majority of the population of Germany as at present manifested, and the governments of nearly all the other states of the Bund would be ready to urge upon the Diet immediate action upon this basis.

In short, the Austrian and Prussian governments have declared simply for execution, or an enforcement by Bund troops of the violated laws of the Bund and of treaty stipulations; while the rest of Germany, including a majority of Austrian and Prussian subjects, are believed to be in favor of the occupation and sequestration of the duchies, until the competent Bund tribunal shall decide the question of succession.

Execution is recognition of Christian IX as legal sovereign of the duchies, whether the point be technically reserved or not, say the opponents of this policy. Sequestration, with possible dismemberment of the Danish monarchy, is breach of faith, say the Austrian and Prussian governments.

The German Bund is bound by no faith nor treaty to sustain the integrity of Denmark, is the reply; and foreign powers have no right to exercise authority over German territory.

Austria and Prussia as European powers signed the treaty of 1852; but as members of the Bund they are bound to submit to the decisions of the majority of the Bund. That majority may possibly decide in favor of sequestration.

The debate which followed upon Count Rechberg's exposition of his policy lasted four hours, and was a far more excited one than ever before occurred in the Reichsrath. The minister was obliged to contend single-handed against the assaults of many of the ablest members of the house; and the position of govern

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