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:—