The Sun.
London, England, 1860-03-23 00:00:00

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c are the questions which it behoves us to exa-
A
inc, and to solve, in order to appreciate the cha-
racter and value of the resolution taken by the Hel-
vetic Government.
" In principle, sovereignty implies essentially the
right of alienation. A Sovereign may, whatever be
the motives that actuate him, cede the whole or a
part of his States, and none would be justified in
opposing either measure unless there should result
from it any disturbance of the balance or distribe-
tion of power in Europe. His Majesty the King of
Sardinia, is therefore free, according to his preroga-
tive=, to renounce the possession of Savoy in favour
of France. The first point cannot be disputed, and
is not capable, in strict right, of becoming the ob-
ject of any doubt, or of raising any legal difficulty.
" In fact, however, the exercise of sovereign right
in a matter of cession may, by international stipula-
tions, be made subservient to conventional restric-
tions; and it is thus that the Federal Council thinks
it its duty to found, on a convention of 1564, and
on the treaties of 1815, the allegation that Sardinia
cannot divest itself of Savoy without renouncing its
engagements.
" The question consequently narrows itself to the
inquiry in what degree the Sardinian Government
is bound by the acts to which I have just referred.
"The convention of 1564 exclusively agreed to
between the Seigneurs of Berne and the Duke of
. Savoy, had for its object an allotment and boun-
daries which subsequent events have frequently mo-
dified without any protest on the part of Switzer-
land. She relied on a situation and upon contin-
gencies which have no analogy with an actual state
of possession. She finds herself, therefore, barred
by the force of the circumstances themselves ; and
so true was this, that no mention of the matter was
made in the acts of 1815, where care was, neverthe-
less, taken to recall previous conventions still exist-
ing, or maintained in vigour, and especially that of
1754. There remain then the treaties of Vienna.
, What do they stipulate ? and how have the Pleni-
-1 potentiaries happened to be agreed upon the clauses
which concern the eventual neutralisation of a por-
tion of Savoy ? It is necessary, in order to define
precisely the character and scope of these clauses,
to recall here the negotiations to which they gave
rise. Switzerland, at the Congress of Vienna, soli-
cited, as essential to the defence of her southern
frontier, the cession of several territories which were
equally claimed by the Envoys of the King of Sar-
dinia. The Sardinian Plenipotentiaries, after long
discussions, adhered to the demand of the Helvetic
Confederation—subject, however, to a combination
calculated in the interest of Piedmont and origi-
nating with themselves. This combinaticn is pre-
cisely that which in certain cases has the effect of
extending the guarantees of neutrality to the
northern part of Savoy. "fhe undersigned,' de-
clared M. de St. Marsan, in his memorandum of the
26th March, 'is authorised to consent, in favour of
the Canton of Geneva, to the cession of the territory
on the following conditions !----
" ' That the provinces of Chablais and Faucigny
shall be included in the neutrality of Switzerland;
that the Sardinian troops may retire by the route of
the Valais ; that the armed troops of no other Power
shall either remain in, or pass through, these pro-
vinces, with the exception of such as the Helvetic
Confederation may think proper to station there.'
" This arrangement, therefore, had for its object
to cover a portion of Savoy; and Switzerland, by
its acquiescence, obliged herself to secure the exe-
cution of it by pledging herself on the one hand to
afford a passage to Sardinian troops to return to
Piedmont, and on the other, to station, in case of
' need, Federal troops in the neutralised country.
The engagement accepted by the confederation was
the equivalent for a territorial 'cession made to the
Canton of Geneva, and the eventual neutralisation
of Chablais and Faucigny—a guarantee stipulated
for the advantage of Sardinia,.and the cempensa-
tim for a sacrifice. This neutralisation had not
then been originally arranged with a view to the
protection of the Swiss frontier, which was Suffi-
ciently defended by an impassable barrier—that is
to say, the neutrality proclaimed by agreement of
the Powers. On the contrary, it was imposed as
a charge on Switzerland, which accepted it on one-
rous conditions.
" What foundation, after this, can the Hervetic
Confederation have for invoking the Acts of 1815
is opposing the cession of Savoy to France? The
Council General might pretend that this cession
modifying the terms of the contract, it is lawful for
them to consider themselves exonerated, with re-
spect to Sardinia, from the obligation of watching
over the maintenance of the neutrality of Chablais
and Faucigny ; but one cannot understand that they
should wish to avail themselves of the occasion to
contest with Piedmont the right to dispose of this
province, and to declare that an attack is made on
the guaranteed security of the Confederation.
" Does not the situation of Switzerland, so far as
it may be gathered from the negotiations, establish
the tact that the Council General interposes, with-
out legitimate grounds, in the arrangements which
the Governments of the Emperor and the King of
Sardinia propose to conclude ?
" I observe, moreover, sir, that it is open to us
to inquire how far the stipulations of 1815 on this
special point conform with the whole of the com-
binations agreed upon at that period between the
Powers who signed the treaties of Vienna to ensure
the neutrality of the Helvetic Confederation. But
that is a question which the Government of the
Emperor ought to discuss with those Powers ; and
I do not hesitate to say that we are disposed to
adopt any compromises suggested, whether for the
general interest, or especially for the interest of
S wit zerlan d.
" You will be good enough, sir, to read this de-
spatch, and to furnish a copy of it to the President
of the Federal Council.—Accept, az-c.
(Signed) " TIIOUVENEL."

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