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States, but Switzerland is not. Is this aspect of the Belgian Treaty, the really important one ? Suppose that Belgium made war against a State which is not a party to the treaty, who could complain ? Certainly not the invaded State, for Belgium entered into no engagement with it. The contracting parties alone, would have the right to remonstrate with Belgium, inasmuch as the observance of neutrality by Belgium, was the condition on which they promised to secure neutrality to Belgium. The essence of the treaty lies in the undertaking by the contracting powers to themselves respect, and to compel other nations to respect the neutrality of that country, rather than in the observance of neutrality by Belgium itself.
Of modern writers, Woolsey * has more clearly than any other, recognised the true nature of a strict guarantee.
“Treaties of guaranty are to be classed among treaties as it respects their form, and as it respects their objects, among the means of securing the observance of treaties. They are especially accessory stipulations, sometimes incorporated in the main instrument, and sometimes appended to it, in which a third power promises to give aid to one of the treaty-making powers, in case certain specific rightsall or a part of those conveyed to him in the instrument, are violated by the other party."
It is true some of the examples he gives would scarcely fall under this definition, but that he is aware that a guarantee is often really an alliance, is shown by his statement, “guarantees often extend to all the provisions of a treaty, and thus approach to the class of defensive alliances.”
Coming now to the so-called treaties of guarantee binding on England, we find that they may be classified in eight groups.
* " Introduction to the Study of International Law." 5th edition, revised. London. 1879. § 109.
England, by various treaties (see Hertslet] contracted at different times, has guaranteed
1. Neutrality to Luxembourg. 2. Independence to Greece.
3. Independence and Neutrality to (a) Switzerland, (6) Belgium.
4. Independence and Integrity to Turkey. 5. Possession of Territory to Prussia. 6. Possession of Privileges to Roumania. She has also entered into a long series of treaties of 7. Alliance with Portugal. And has entered into 8. Conditional Guarantees with (a) the United States, (6) Honduras, (c) Turkey, (d) Sweden.
1.--NEUTRALITY. Luxembourg.-By the 2nd Article of the Treaty of London, made between Great Britain, Austria, Belgium, France, the Netherlands, Prussia and Russia, with May, 1867, it is declared :
That “the Grand Duchy of Luxemburg, within the Limits determined by the Act annexed to the Treaties of the 19th April, 1839, under the Guarantee of the Courts of Great Britain, Austria, France, Prussia and Russia, shall henceforth form a perpetually Neutral State. It shall be bound to observe the same Neutrality towards all other States.
“ The High Contracting Parties engage to respect the principle of Neutrality stipulated by the present Article.
“ That principle is and remains placed under the sanction of the collective Guarantee of the Powers signing parties to the present Treaty, with the exception of Belgium, which is itself a neutral State."
2.- INDEPENDENCE. Greece.—Great Britain, France, Russia and Bavaria, by the Treaty of London of May, 1832, declare that "Greece, under
the Sovereignty of the Prince Otho of Bavaria, and under the Guarantee of the three Courts, shall form a monarchical and independent State."
On the renunciation of the throne of Greece in 1863 by Prince Otho, and the ascension of Prince George of Denmark, another treaty was entered into [13th July, 1863] between Great Britain, France and Russia, declaring that “Greece, under the Sovereignty of Prince William of Denmark, and under the Guarantee of the three Courts forms a Monarchical, Independent, and Constitutional State."
(a) Switzerland.-Austria, Spain, France, Great Britain, Portugal, Prussia, Russia and Sweden, by a declaration of the 20th March, 1815, annexed to the Treaty of Vienna, declared "that as soon as the Helvetic Diet shall have duly and formally acceded to the stipulations contained in the present Instrument, an Act shall be prepared, containing the acknowledgment and the guarantee, on the part of all the Powers, of the perpetual Neutrality of Switzerland, in her new frontiers." The Helvetic Diet on the 27th May, formally acceded to the above mentioned Declaration.,
By Article IV. of the Protocol of the 3rd November, 1815, confirmed by Article III. of the 2nd Peace of Paris of the 20th November, the part of Savoy which was included in the neutrality of Switzerland by Art. XCII. of the Treaty of Vienna, was increased in extent, and the same 20th November--“The Act for the acknowledgment and guarantee of the perpetual neutrality of Switzerland and the inviolability of its territory," was signed by the five Powers, Austria, France, Great Britain, Prussia and Russia. By it the Powers :
“Declare their formal and authentic Acknowledgment of the perpetual Neutrality of Switzerland; and they Guarantee
to that country the Integrity as well as the Inviolability of its Territory in its new limits, such as they are fixed, as well by the Act of the Congress of Vienna as by the Treaty of Paris of this day." The Powers" acknowledge, in the most formal manner, by the present Act, that the Neutrality and the Inviolability of Switzerland, and her Independence of all foreign interference, enter into the true interests of the policy of the whole of Europe."
By the Treaty of the 26th May, 1857, the King of Prussia, renounced for himself and his heirs, the Sovereign rights over the Principality of Neufchatel, and the County of Valengin, assigned to him by Article XXIII. of the Treaty of Vienna, and by Article II. of the Treaty it was declared that—"the State of Neufchatel, dependent henceforward on itself, shall continue to form part of the Swiss Confederation on the same footing as the other Cantons."
(b) Belgium.-By Article II. of the Treaty of the 19th April, 1839, dissolving the union between Holland and Belgium, it is provided that the Articles annexed to the Treaty are "placed under the guarantee” of the five Powers. The 7th of the Articles annexed declares that “ Belgium
shall form an Independent and perpetually Neutral State. It shall be bound to observe such Neutrality towards all other States."
4.-INDEPENDENCE AND INTEGRITY. Turkey.-By the Treaty of Paris (30th March, 1856), Great Britain, Austria, France, Prussia, Russia and Sardinia engage “to respect the Independence and the Territorial Integrity of the Ottoman Empire : Guarantee in common the strict observance of that engagement; and will, in consequence, consider any act tending to its violation as a question of general interest.”
By a further Treaty, Great Britain, France and Austria,
“ wishing to settle between themselves the combined action which any infraction of the stipulations of the Peace of Paris would involve on their part," bound themselves as follows:
“ Art. I. The High Contracting Parties Guarantee, jointly and severally, the Independence and the Integrity of the Ottoman Empire, recorded in the Treaty concluded at Paris on the 30th March, 1856.
"Art. II. Any infraction of the stipulations of the said Treaty will be considered by the Powers signing the present Treaty as a casus belli. They will come to an understanding with the Sublime Porte as to the measures which have become
necessary; and will, without delay, determine among themselves as to the employment of their Military and Naval forces."
5.–POSSESSION OF TERRITORY, Prussia.—By Art. XVII. of the Treaty of Vienna, “ Austria, Russia, Great Britain and France guarantee to His Majesty the King of Prussia, his descendants and successors, the possession of the countries marked out in Art. XV. in full property and sovereignty”-i.l., part of the Kingdom of Saxony.
6.-PRIVILEGES AND IMMUNITIES. Moldavia and Wallachia.—The Treaty of the 19th August, 1858, between Great Britain, Austria, France, Prussia, Russia and Sardinia, enacts that “the Principalities shall continue to enjoy, under the Collective Guarantee of the Contracting Powers, the Privileges and Immunities of which they are in possession."
7.-ALLIANCE. Portugal. -A long series of Treaties—from the year 1373 down to the year 1815—bind England and Portugal together in mutual alliance. In the Treaty of Vienna, of the 22nd