y of London, 1839, finally established the
international status of Belgium. Under this treaty both her independence
and her neutrality were definitely guaranteed by England, France,
Austria, Prussia, and Russia.
We have recently been told by the Imperial Chancellor that the Treaty of
1839 is nothing but 'a scrap of paper'. It is therefore desirable to
point out that Bismarck made full use of it in 1870 to prevent England
from supporting the cause of France. It was with this object that he
published the proposal alleged to have been made to him by the French
representative, Benedetti, in 1866, that Prussia should help France to
acquire Belgium as a solace for Prussian annexations in Northern
Germany. Then, as now, England insisted upon the Treaty of 1839. The
result was that, on the instance of Lord Granville, Germany and France
entered into an identic treaty with Great Britain (Aug. 1870) to the
effect that, if either belligerent violated Belgian territory, Great
Britain would co-operate with the other for the defence of it. The
treaty was most strictly construed. After the battle of Sedan (Sept.
1870) the German Government applied to Belgium for leave to transport
the German wounded across Belgian territory. France protested that this
would be a breach of neutrality and Belgium refused.
Such is the history of the process by which Belgium has acquired her
special status. As an independent state she is bound by the elementary
principle of the law of nations, that a neutral state is bound to refuse
to grant a right of passage to a belligerent. This is a well-established
rule, and was formally affirmed by the Great Powers at the Hague Peace
Conference of 1907. The fifth Article of the Convention [3] then drawn
up respecting the Rights and Duties of Neutral Powers and Persons in War
on Land runs as follows:--
'A neutral power ought not to allow on its territory any of
the acts referred to in Articles 2 to 4'.
Of the Articles thus specified the most important is No. 2:--
'Belligerents are forbidden to move across the territory of
a neutral power troops or convoys, either of munitions of war
or supplies'.
By the Treaty of London the existence of Belgium is contingent upon her
perpetual neutrality:--
'ARTICLE VII. Belgium within the limits specified in
Articles I, II, and IV shall form an independent and perpetually
neutral state. It shall be bound to observe such
neutrality towards all other
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