which my noble friend the Secretary of State for Foreign
Affairs has directed to be delivered at the Courts
of the three Powers principally concerned, wishes this
House to agree to certain resolutions. With respect
to the first of these resolutions, my noble friend
opposite (Lord Sandon), who seconds the motion, is
in complete accordance. With regard to the last
he is not so far agreed, and he doubts whether the
House ought to affirm it. As to the first of
these resolutions, ’That this House views with
alarm and indignation the incorporation of the free
state of Cracow into the dominions of the Emperor
of Austria, in manifest violation of the Treaty of
Vienna,’ I should beg the House to consider that
there is a very great difference between that which
has been done by my noble friend (Lord Palmerston)
in obedience to Her Majesty’s commands, and
that which it is proposed to this House to do.
It is the prerogative of the Crown to make treaties,
to carry on the correspondence and relations of this
country with foreign Powers. Every public and
every personal communication is agreed on in the name
of the Sovereign, and by the command of the Sovereign.
If a treaty has been signed and ratified, as this
Treaty of Vienna was signed and ratified, by the Minister
of England in the name of George III, and of the Prince
Regent of England; and if any violation or contravention
of that treaty takes place, the person to whom it
devolves to make any representation, is obviously,
again, the Minister of the Sovereign—the
Minister of the Sovereign of England, who has made
the original treaty. But with regard to the functions
of this House, they are of a very different nature.
When there is a treaty made, or a correspondence takes
place, upon which it is thought necessary that the
opinion and concurrence of this House should be taken,
it is usual then for the Ministers of the Crown to
ask for that general concurrence. If a treaty
of commerce or a treaty of subsidy is signed, that
requires the intervention of Parliament, it is usual
for the Minister of the Crown to ask for the sanction
or concurrence of Parliament to that treaty.
But to affirm a resolution which is not thus brought
by necessity before the House of Commons—to
affirm a resolution merely declaratory of an opinion,
that is not the correct nor the regular course of
proceeding in this House. For my own part it
appears to me, that while it is obviously incumbent
on the Secretary of State for Foreign Affairs, and
on the advisers of Her Majesty, to declare their sense
of any violation of treaty, or of any matter which
concerns the foreign relations of this country with
other countries, it is not advisable that the House
of Commons should affirm resolutions with respect
to the conduct of those foreign Powers, unless it
be intended to follow up those resolutions by some
measures or actions on the part of the Executive Government.
For my part I have never admired—and I
have always declared in this House that I never admired