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§2. The status of the Kingdom Polish in international agreements.

War with Napoleon became a turning point in history of Russia and evroyopy. Its results have changed all system of relations between European gosudarstyovami and a European card. This war has rendered defining value and on destinies of the Warsaw duchy and the Polish people as a whole.

Warsaw geryo
tsogstvo and its army have entered war on the party of Napoleonic France eventually to divide together with it and bitterness of defeat.

War only has hardened Alexander's determination I once and for all to solve for Russia the Polish question and has given for this purpose additional possibilities. War also has sharply changed Alexander's relation I to a place and a role of the future Kingdom Polish as a part of empire.

For the Russian emperor war has appeared serious moral ispyyotaniem, has forced it to look narrowly more attentively at own people, koyotoryj has shown in battles with the enemy unprecedented strength of mind and patriotism. MozhYOno to tell, that war and its results have predetermined changes of policy AleksanYodra I aside bolshego conservatism and strengthening guarding начал1. Strengthening of safety of boundaries of the state and internal stability became the Overall objective for it. These tendencies were showed not at once, but in destinies of the Kingdom Polish were reflected to the full.

Poles have accepted the most active participation in war on Napoleon's party. It should shake confidence of the emperor that as a part of Russian empire the future Polish kingdom and its population will be completely lojalyono to Russian authorities. These doubts have immediately influenced Alexander's position I.

First, the emperor has suspended discussion of all plans otnosiyotelno the Warsaw duchy, as "untimely" [56 [57]. On the foreground for Russian government there is a necessity of creation of a coalition against NaYOpoleona. Positions of the European powers concerning Poland were clearly enough designated during diplomatic contacts to representatives of Prussia and Austria, and also England. The Austrian and Prussian government considered naiyobolee comprehensible returning to system created by sections, putting it usyoloviem the union with Russia. England supposed possibility of that western grayonitsa Russia there will pass across Vistula, but thus the Warsaw duchy, as well as druyogie the states created by Napoleon, should be destroyed [58].

Emperor Alexander I did not wish returning to system of sections, and

Long and difficult process of negotiations on which Russia will achieve the right to the duchy earths, and recognitions instead of a principle "vozyovrashchenija to section conditions of" a principle "equivalent indemnification" begins. Eventually, successes of the Russian weapon have forced the governments of allies to remove the decision of the Polish question to a definitive victory over Napoleon and koaliyotsija has been created. Secondly, after renewal in December, 1812 kontakyotov with Chartoryjsky and some representatives of duchy concerning its destiny, Alexander's position I became more rigid on two major voyoprosam: to the form in which should occur inclusion of the Polish kingdom in empire structure, and also territorial structure of the future formation.

In the letter Chartoryjsky in the middle of January, 1813, the emperor in

Enough resolute expressions has denied the offer on erection on preyostol younger Michael's duchies from grand dukes: “...

The Thought on my brother Michael cannot be admitted. Do not forget, that Lithuania, podolija and Volhynia consider itself as areas Russian, and that no logic will convince of the world RosYOsiju. That they could be under sovereignty of other sovereign, besides, who in it reigns. As to to the name under which they will enter into it soyostav this difficulty to win easily" 1.

Further Alexander, up to the Viennese congress will avoid a question on expansion of the future Kingdom Polish for the account of the western provinces and Lithuania. So, for example, at a meeting with representatives of nobility western guyoberny in the summer of 1814, the emperor in reply to requests about possible obedineyonii with the duchy earths, has asked to cease similar conversations and nabratyosja "patience and trust" [59 [60].

The further events have shown, that Alexander I tend to thought on that, the territory of the future Kingdom Polish, at least at the beginning, should be limited by the earths a part of Varshavyosky duchy. The reasons of such change of a position of the emperor were prezh -

THE RUSSIAN

gosudarstvenna

LIO WOULD FLOW AND

de all doubt in fidelity of Poles and them zakonoposlushnosti, and also nezhelayonie to spoil relations with Prussia and Austria. That in okyoruzhenii the emperor the big distribution was received by sights about nezhelatelyonosti in general mattered also to give what or the special status to any Polish earths as a part of empire. In the conditions of patriotic lifting which has covered all layers of Russian society, the emperor should consider these opinions, forming the policy concerning the Polish earths. In the end of December, 1812, preyosleduja Napoleonic armies, Russian army has entered on territory of Varshavyosky duchy, the ally of France. By the right of a gain the power over okkupiroyovannymi territories before conclusion of peace has passed to Russia. The policy rusyoskih the authorities in duchy was convincing acknowledgement of that Russia already considers these earths as the and is not going to give them to anybody. For upravyolenija duchy agreed the rescript from March, 1st, 1813 it is created VerYOhovnyj temporary council led by the president of council V.S.Lanskim, vitse - president N.N.Novosiltsevym. In council structure have been included predstaviteyoli duchy T managements. Vavrzhetsky and K.Drutski-Ljubetsky, and even in kayochestve the adviser as regards the finance de Kolomb, operating manors of the king Saxon in duchy. All local controls, only with their submission совету1 admitted operating. The amnesty announcement to all Poles at war on party NapoleoYona, even the citizen of the Russian empire who has entered army NaYopoleona after its intrusion into Russia [61 [62] will be magnanimous gesture of Russian government. The Polish parts which have surrendered to Russian army were not disbanded, and were ranked as a reserve of Russian army for sleyodovanija in duchy [63]. In every possible way Russian authorities tried to facilitate and polozheyonie civilians. In February, 1814 the imperial decrees cancelling a number of existing taxes and gathering have been published, limited rekyovizitsii and postoj armies, free import from Russia of cattle and others toyovarov is resolved, which inhabitants of duchy usually bought before war in Russia [64]. With -

It was public to the order of the emperor to farmers free of charge rozdano five thousand horses unsuitable for армии1.

All these measures should promote calm of edge and improvement of relations of Poles and Russian authorities. It was especially necessary, that soyoglasija between allies concerning destiny of the Warsaw duchy is reached yet was not. Alexander's position I was defined: the Warsaw duchy should remain with Russia, as a recognition of its merits in clearing of Europe. EtoYOgo demand not only legitimate rights of Russia-winner, but also neobhodiyomost protection of its western boundaries.

The challenge was to achieve the consent of Prussia to recognise poyoterju its share of the Polish earths which it has received on sections. Russia vyyodvinula a principle of equivalent territorial indemnification of Prussian losses at the expense of the German states — Napoleon's allies, first of all SaksoYOnii. The treaty of alliance of Prussia signed in February, 1813 and Russia soyoderzhal positions about restoration of Prussia in statistical, geographical and financial relations [65 [66]. Concrete conditions of such restoration sojuzyoniki did not reserve, having postponed it till the end of war with Napoleon. In January 1814, on purpose to achieve rapprochement of positions of Russia and Prussia, Russian government agrees to transfer to the Prussian king Gdansk (Danzig) and confirms the guarantees to achieve after conclusion of peace of territorial indemnifications of Prussian losses.

In September, 1814 preliminary meetings predstaviyotelej the European powers-winners which should prepare materials for the beginning of work of the congress have begun. In the performance the minister inostranyonyh affairs nesselrode has stated the Russian position on the Polish question and zajayovil, that the internal device of the Polish possession Russia will be opredeyoljat itself [67]. The Russian emperor will attach the Warsaw duchy as the constitutional kingdom connected by the union with empire, a title of the king
It will be fixed to the emperor and its descendants. Also it is intended "pozhertvoyovat" to new kingdom the Belostoksky and Tarnopolsky districts, the Russia which have entered structure accordingly in 1807 and in 1809 годах1.

Prussia in the form of indemnification could receive possession of ally Napoleon — the Saxon king, to which, instead of the lost possession, preyodostavit kingdom with the population to 700 thousand persons somewhere in at - the Rhine Germany. The position of Austria consisted that it could priyoznat the rights of Russia to duchy, but demands with a view of the safety to give it Krakow and Zamoste and to return Tarnopolsky district and hydrochloric save Velichki, lost after war of 1809. Austria negatively also perceived Alexander's idea I to give to new kingdom the constitution, and demanded to confirm, that the national Polish state will not be revived.

Prussian representative Gardenberg insisted on transfer of Prussia except Danzig also parts of the Warsaw duchy, connecting Western Prussia and Silesia, and also has supported territorial claims of Austria. The position of the representative of England of lord Kestlri was extremely clear — nailuchyoshim return to system of sections will be a variant. The sense of such offer is clear — not to admit at any cost strengthening of Russia, which position in poyoslevoennoj to Europe were extraordinary strong. Return to sections, according to the Russian emperor, at all did not suit Russia. In the beginning of October Alexander I has declared in conversation with Talejranom: “war is better!” [68 [69]

After the beginning of work of the Viennese congress in the end of December Alexander I, trying all the same to avoid direct confrontation with allies, puts forward noyovye offers on a controversial problem. Russia agrees to transfer to Prussia a part of territory of the Warsaw duchy, namely West Prussian provinyotsii, Poznan, Krakow and Torn should become free cities, and Austria poyoluchit Tarnopolsky district and area Velichki [70]. Such variant was comprehensible To Prussia, and Gardenberg has expressed the consent to accept it as an agreement basis on
To this question. But England and Austria prompted to it have disagreed and konyogress again is at a deadlock. On third of January in Vienna representatives of England, AvYOstrii and Minister for Foreign Affairs Louis XVIII Talejran sign sekyoretnoe the agreement directed against Russia and Prussia. In air of Europe has again begun to smell war.

Conditions were a little discharged thanks to the offer of Russia sozyodat the separate commission on the Polish problem not to detain congress work. As a result of work of this commission, thanks to constructive poziyotsii the Russian delegation, it was possible to achieve eventually the compromise and osyotanovit conflict development between allies. Has accelerated this process by the unexpected returning to the power Napoleon. It was necessary urgently dogovariyovatsja to oppose the old general enemy. Russia recognised the rights of Prussia to returning of West Prussian provinces, the cities of Torn, Bromberg and a so-called Great princedom Poznansky. Krakow became to manumissions goyorodom under protectorate of three powers and received the constitution. Russia vozvrayoshchala all acquisitions of 1809 in Galicia, including Tarnopolsky district which at first intended Alexander I for the Kingdom Polish. Thus, Russia has achieved the right to attach to empire formed of bolshej a part of the former Warsaw duchy the Kingdom Polish, having conceded to Prussia approximately 1/4-ю a part of its territory, and Galicia having returned to Austria ’.

International legal registration has received new acquisition of Russian empire signed in Vienna on April, 21st May, 1815 Russian - Prussian and Russian-Austrian the contracts which have entered as the appendix in the Final act of the Viennese congress. As articles about creation of the Kingdom Polish were included into the Final act of the congress signed in June, 1815.

How the status of the Kingdom Polish as a part of Russian imyoperii in these contracts was defined? Article of 1st Final act said: "Duchy Warsaw, except for those areas and districts, which in the below-mentioned
Articles other appointment is necessary, for ever joins to Russian imyoperii. It owing to the constitution will be in indissoluble with Rossieju communications and in possession E. V.Imperatora All-Russia, its successors and successors for ever. Its Imperial Majesty assumes to grant on svoyoemu blagousmotreniju, the internal device to this state, having to consist under special management. Its Majesty, in compliance with sushchestvujushchiyomi in a reasoning of its other titles custom and rather will gather to these and a title of the tsar (king) Polish.

Poles, as Russian subject so in regular intervals both Austrian and Prusyosky, will have national representatives and the national official bodies concordant with that image of political existence which each of vysheimenovannyh the governments will be recognised for the most useful and prilichnejshy for them, in its circle владений.1 "

The maintenance of this article and as articles of rusyosko-Prussian and Russian-Austrian treatises practically identical to it, is a subject of old disputes between researchers. The major problem with which the scientists studying this question have faced, the problem of definition of the form of gosuyodarstvenno-legal communication of Russia and the Kingdom Polish is. The big group avtoyorov sees here the union of two states, dispersing, the truth, in definition of that what it was — personal or real?

The main arguments of supporters of the theory about personal character of the union, javyoljajutsja such arguments, as presence at the Kingdom Polish all signs gosuyodarstva: the national government, the constitution, the laws and the independent judiciary, separate citizenship with Russia, own currency and the budget, a state language, own army, a national principle of formation of officials, special position of Catholic church. SoediYOnenie with Russian empire it was shown only in unity of the monarch and in konyotrole from Petersburg behind kingdom international contacts (otsutstvovayolo own Ministry for Foreign Affairs). This point of view is characteristic for the big group both domestic researchers, and considerable [71]
Parts of representatives Polish науки1. The concept about the real union in otnosheyonijah between the Kingdom Polish and Russian empire also has the stoyoronnikov [72 [73]. To one of the basic differences of the real union from personal is poyostojannoe unity of the monarch and one order prestolonasledija [74]. In article such order first the Final act also is established, as in it is said, that the Kingdom Polish will remain in possession not only rosyosijskogo the emperor and its successors, but also "successors" for ever. And the successor could be and the representative of other dynasty in case of the termination of a dynasty of Romanovs, or even, proceeding from the contract letter, any other Russian government so destinies of the Kingdom Polish have been connected not with the person of the monarch, and with the fact of existence of Russian state. Constant character of communication of the Kingdom Polish and Russian empire podchyoryokivaetsja in article of the first three times: " For ever joins Russia "," will be in indissoluble communication with Russia "," in possession... For ever ". The personal union is based on time unity of the monarch, there was no yet a divergence as inheritance of a throne which is inevitable, sooner or later, because of otyosutstvija unities as it should be prestolonasledija [75].

The Russian scientific M.Pergament establishing, that soedineyonija Russia and Kingdoms Polish was given to character a kind of the real union, considered, odnayoko, that discrepancy of an autocratic and constitutional principle in such union, did its fragile and led to destruction of principles of the real union and inevitable incorporation of the Kingdom Polish in structure of Russian empire [76].

The original point of view is in a domestic science negation in general unions in relations of the Kingdom Polish both Russia and definition of the status of a kingdom, as provinces with some signs of an autonomy. Therefore, considers,
For example, Alexeys, the Russian state never lost unitary character. The Polish earths have got to structure of empire as a result of a gain and the subsequent contracts with other states, instead of with Warsaw gertsogyostvom. The obligations following for Russia from the Viennese contract, are obligations of Russia not in relation to Poland, and in relation to gosudaryostvam, signed the Viennese contract. Alexander I has executed these obligations, having given to the Kingdom Polish the liberal constitution. Its cancellation, and then and other special Polish establishments, was a consequence of mutiny of Poles against legitimate authority. Besides, articles of international treaties name Poles rusyoskimi citizens, and the union assumes separate подданство1. N.M.Korkunov [77 [78] adheres to the similar point of view also.

The question on citizenship of inhabitants of the Kingdom Polish is combined enough prezhyode all that the Russian government itself will long define the relation as to position of the Kingdom in empire, and to the status of its inhabitants. In government fluctuations in this question specifies in the work, for example, And. M.Chetvertkov [79].

Already during the pre-October period there are researches in which otnoyoshenija between the Kingdom Polish and by Russia are considered from the point of view of federalism principles. Russian political scientist Elenev considered creation TSarYOstva of the Polish and Great princedom Finnish as the certificate of intention of Alexander I to reform empire in federal spirit [80]. From modern researchers this idea of unfortunate federal experiment is developed by A.M.Chetvertkov [81].

This idea, undoubtedly, is interesting, and gives possibility to estimate those new phenomena which appear in the course of formation of politiko-legal sights of the Russian ruling elite in the beginning of XIX century.

Summing up chapter 1, I will formulate some preliminary conclusions. Occurrence as a part of Russian empire the Kingdom Polish has grown out of difficult interaction of many factors. Possibility has for this purpose developed only as a result of victorious war for Russia with Napoleon. Only then there was a real international situation for revision of results of sections of Poland. In acceptance of I such decision by Alexander following factors had a principal value:

— The desire of the Russian government to make the western border of Russia of more safe, having created the state formations with the special status, poyozvoljajushchim on the one hand to achieve loyalty of the population of new areas to the Russian power, and with another — to remove border far away from the central areas of empire and to increase the possession in Europe;

— Alexander's liking I to destinies of Poles and Poland that will render opredeyolyonnoe influence on the status of the Kingdom Polish as a part of Russian empire;

— Liberal views of the Russian emperor, its representation about a role of the constitutional establishments in state development, desire of the emperor, soyohraniv national features and having given constitutional rule to Poles to achieve their attachment to interests of the Russian state;

— Positions of the European powers and national-patriotic feelings sayomih Poles.

The decision on creation of the Kingdom Polish with the special status in structure impeyorii was accepted not earlier than 1809 when the Russian emperor has understood neizbezhyonost the conflict to Napoleon and has begun search of new allies for struggle against it. Creation in 1807 of the Warsaw duchy was not only it is not favourable Russia, but also represented serious threat for it, therefore the version about pojavleyonii the Warsaw duchy at the initiative of Alexander I seeing in it the first step in realisation of the "Polish" plans, is insufficiently convincing. The form of inclusion of the Polish earths in empire structure, their legal status, teryoritorialnyj the structure basically was defined by Russian government during war of 1812-1814 and depended first of all from foreign policy faktoyorov. After creation of the Kingdom Polish the Russian emperor continued searches

Optimum mutual relations between new formation and central prayovitelstvom, and the place of leading factors in this process was received by already internal political reasons connected both with the Kingdom Polish, and with changes in internal policy of empire.

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A source: Vashchenko Andrey Vladimirovich. the LEGAL STATUS of the KINGDOM POLISH As a part of RUSSIAN EMPIRE (1815 1830). The dissertation on competition of a scientific degree of the master of laws. Moscow, 2000. 2000

More on topic §2. The status of the Kingdom Polish in international agreements.:

  1. the Status of the Kingdom of the Polish 1815 on the constitutional charter
  2. § 1. Creation of the constitutional charter of the Kingdom Polish.
  3. Vashchenko Andrey Vladimirovich. the LEGAL STATUS of the KINGDOM POLISH As a part of RUSSIAN EMPIRE (1815 1830). The dissertation on competition of a scientific degree of the master of laws. Moscow, 2000, 2000
  4. § 2 Substantive provisions of the constitutional charter of the Kingdom Polish.
  5. §1. Activity of a diet of the Kingdom Polish and legislation development.
  6. PRINCIPLES of the CONSTITUTION of KINGDOM Polish on MAY, 25TH 1815 ГОДА1.
  7. § 3 Problem of the legal maintenance of concept “the real union” on an example of the Kingdom Polish.
  8. the Chapter III Machinery of government of the Kingdom Polish and its communication with a machinery of government of Russian empire,
  9. Requisitions to arbitration agreements according to the international conventions
  10. § 5. Collective agreements and agreements as is social-partner sources of the law of master and servant
  11. § 4. The right, applicable to maintenance obligations according to international agreements of the Russian Federation