The neutral territory of Moresnet
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THE NEUTRAL TERRITORY OF MORESNET
PRINTED FOR PRIVATE DISTRIBUTION
CAMBRIDGE
Printed at the Riverside Press
1882W. W. T.
Boston, Mass., U. S. A. THE
NEUTRAL TERRITORY OF MORESNET.
The "forgotten territory" which forms the subject of this address is not situated in the midst of high mountains, nor is its topography or climate of such a character as to render access to it difficult or dangerous, which might explain in part its condition; neither is it placed in a vast and barren desert, where its poverty protects it from the envy of stronger neighbors; nor is it a country remote from the great ways of travel, ignorant of railways, and distant from commercial and industrial centres. On the contrary, it is found in one of the richest and most important mining valleys of Europe. A branch railway connects it with the main line from Cologne to Verviers, and it is two miles from the railway further to the north which unites Aix-la-Chapelle with Welkenrade.
This territory, belonging to no one, and claimed by two states, was not always in this condition. For a long time it formed part of the duchy of Limburg, and is mentioned in public documents as far back as 1414 under the name of Kelmis. This name is derived from the mineral calamine, called in the patois of the country "kelme," which was found there. Later, in 1438, it was known for many years as Galmeiberg. In consquence of the discovery of another similar mine in that region it was called the Alten Galmei-Berg. From this is derived by abbreviation, the name Altenberg, which, during the French rule, from 1795 to 1814, became Vieille Montagne, the name of the French-Belgian company to which the mines belong.
These are not all the changes of name which the country has borne. Towards the close of the French domination, it was sparsely populated, and the mines were not worked to any extent; it was then annexed to the commune of Moresnet. After 1814 and the fall of the French Empire, the district was not assigned to either of the neighboring states, Prussia and Holland, who claimed it, but became an undivided territory, whose neutrality is recognized.
It is now known as the Neutral Territory of Moresnet, or Moresnet Neutral, to distinguish it from ancient Moresnet or Belgian Moresnet, and from new Moresnet, which has been formed upon its southern boundary, and is called Prussian Moresnet. It should be added that to the people of the country its chief town is known as Kelmis, and the outlying land as Altenberg.
The undivided and semi-independent state of the Neutral Territory dates from the year 1814. Under the French regime, it made part of the Department of the Ourthe, of which it occupied the angle nearly at the extreme northeast, and belonged to the canton of Aubel and the commune of Moresnet — localities now attached to the kingdom of Belgium as successor of the kingdom of Holland. The northeasterly angle of the Department of the Ourthe, which the Neutral Territory occupied, was at the point of junction of that department with the French departments of the Meuse on the north, and of the Roeure on the east.
When it became a question of dividing this corner of the French Empire, the final act of the Congress of Vienna prescribed in Article 25 that in the "former Department of the Ourthe the five cantons of St. Vith, Malmédy, Cronenberg, Schleiden, and Eupen, and the extreme point of the canton of Aubel to the south of Aix-la-Chapelle, shall belong to Prussia; and the frontier shall follow the boundaries of those cantons in such a manner that a line drawn from the south to the north shall strike the said point of the canton of Aubel, and be continued to the point of contact of the three ancient departments of the Ourthe, the Roeure, and the Meuse."
In accordance with these provisions, which were accepted by Holland, the cantons of St. Vith, Malmédy, etc., as well as the eastern point of the canton of Aubel, cut by a line running direct from north to south from the point of junction of the three former French departments of the Ourthe, the Meuse, and the Roeure, were definitely assigned to Prussia.
It was now a question to determine the southerly point of this line, which, in following the above-named boundaries, did not coincide with the stipulations in Article 66 of the same act of the Congress of Vienna, which were intended to define the future frontier of Holland, now Belgium. It was therein provided that "the frontier shall run along these limits to their point of contact with those of the aforesaid canton of Eupen, and following in a northerly direction the westerly boundary of this canton, leaving at the right a small portion of the above French canton of Aubel, shall meet at the point of junction of the three former departments of the Ourthe, the lower Meuse, and the Roeure." This disposition is defective, inasmuch as it does not explain that, on arriving at the upper part of the western limit of the canton of Eupen, the frontier should be inflected to the right to join the line which intersects the boundary of this canton; and also because it expressly provides that the line leading from the upper extremity of the western boundary of the canton of Eupen should leave on the right a small portion of the canton of Aubel, without stating that this part of the canton had already been adjudged to Prussia.
It is evident that the diplomatists who drew up the act at Vienna were unfortunate in their maps of reference, which the commissioners of Holland and Prussia fully realized when they visited the ground to trace the frontiers of their respective countries. Prussia adhered to Article 66, and Holland to Article 25.
The commissioners not being able to agree, nor the two governments which they represented, it resulted in a provisional arrangement, entered into June 25, 1815, which prescribed that "the line of demarcation shall remain undetermined, the commissioners not being of accord as to the manner in which a division shall be made of the small part of the canton of Aubel, which, according to the treaty of May 31st and other acts of the Congress of Vienna, should belong to Prussia. This difference of opinion shall be submitted to the two governments, who shall take such measures to decide it as they shall deem wise. Awaiting this decision [which has never been made], the provisional frontier of the commune of Moresnet shall be so formed that the part of it lying at the left of a straight line from the point of contact of the three cantons to that of the three departments shall belong under all circumstances to Holland; that the portion situated at the right of the limits of the canton of Eupen in a direct line from south to north to the point of contact of the three departments shall belong indisputably to Prussia; and, finally, that the part of the said commune situated between the two lines, being the only part which can be reasonably contested, shall be placed under a joint administration, and shall not be under the military jurisdiction of either power."
This provisional arrangement created a territory, the neutrality of which was guaranteed by two neighboring states, whose opposing claims to its possession, and the consequent desire to make a favorable impression upon its inhabitants, rendered the burdens of administration very light upon them. The territory has a triangular form, one side of which extends three and a half miles, and the other two and a half miles, and contains an area of one thousand acres. It may be asked why it did not become entirely independent, and did not hold an acknowledged position in Europe, as a miniature republic or principality. The chief reason is undoubtedly to be found in the character of its inhabitants at that time and subsequently.
In 1816 the population amounted to only 200 or 250 persons, and was composed of people of different nationalities, some of whom spoke Plattdeutsch, others German, Flemish, or French; for the territory bordered upon Prussia, Belgium, and Holland. Owing to the development of the zinc mines, the population rapidly increased. In 1841 it counted 500 souls, and to-day numbers 2,800 to 3,000, of whom 400 are descendants of the original inhabitants, and for this reason are exempt from military service. This was a privilege enjoyed by all till 1854, when the Belgian Governor in the territory summoned under the national flag those who owed allegiance to that country. In 1874 Prussia followed the example, so that one of its important immunities has disappeared. Others still remain, which are not without value. For instance, the territory pays to-day the same amount of taxes as in 1814, when it ceased to be French; that is to say, the sum of $280 annually for the land tax, $67 for personal tax, and $201 for licenses. The total amount is divided equally between Prussia and Belgium. To this small contribution should be added the tax of the commune, which varies according to its needs. Merchandise from Prussia and Belgium is imported into the Neutral Territory free of duty, but if reëxported to those countries it pays the same amount at the custom-house that foreign articles are subject to.
In spiritual matters it is within the jurisdiction of the Bishop of Liége, and under the direct charge of a curate and a vicar.
Its civil and criminal processes are carried, at the option of the plaintiff or suitor, before the Prussian or the Belgian tribunals.
Till 1841 the executive power was exercised by Commissioners, but in consequence of delays of procedure it has been entrusted since that date to two Governors, one representing each state. They appoint a Burgomaster, selected alternately from Belgian and Prussian subjects, who has charge of the civil and judicial administration. He is assisted by a Communal Council composed of ten members, a School Committee of five members, and a Bureau of Charity of twelve members. He also has the control of the regular police.
The territory is regulated by the Code Napoleon, as it was in 1814. The notaries and bailiffs from Prussia or Belgium can alike perform official duties there. If, for instance, a mortgage deed is drawn up by a Belgian, it is recorded in the office in Verviers; if by a Prussian, at Montjoie. In these matters there is no written agreement between the governments, but the methods are the result of custom, based upon the fact that the territory is too small to have special tribunals and ministerial offices. The registers of the civil state, written in German, are laid before the court of first instance at Aix-la-Chapelle. We would add that the territory has five schools, and that the Prussian subjects residing there have the use of the schools in Prussian Moresnet.
It will be seen from this brief statement that the neutral territory of Moresnet enjoys all, or nearly all, the advantages of independence without its burdens, and that Prussia and Belgium accord every possible favor to its inhabitants almost gratuitously. It would seem a matter of surprise that this little section of earth, which is not of sufficient importance to prevent a settlement between its claimants, should be allowed to remain under a temporary government which has already lasted more than sixty-five years.
In explanation, it may be stated that neither of the neighboring states can secure exclusive possession of its rich zinc mines. In 1421 these mines belonged to Aix-la-Chapelle, and afterwards to the Dukes of Limburg, who rented them to Philip the Good, Duke of Burgundy; but under these managers they acquired no success. Under the French Republic they were declared national property, and were worked as such, and in 1805 were leased. Some years later, France having promulgated a law, by virtue of which persons having leases of mines belonging to the state became proprietors of them, the lessee of "Viéille Montagne" no longer paid rent. But this did not prevent his bankruptcy, and the property passed into the hands of his creditors and a citizen of Liége, who worked it on joint account. At the downfall of the French Empire the mines were placed under the temporary management of Holland and Prussia, who refused to recognize the right of ownership acquired by tenants under the French law, and in 1821 made a demand for back rent since 1812. The matter was carried before the tribunal at Liége, which gave judgment in favor of the governments. The execution of the judgment, having met with opposition, was suspended. In the mean time the Belgian revolution of 1830 broke out. Belgium became the successor of Holland's rights and interests in Moresnet, and declared itself opposed to the decision of the court at Liége. Prussia, on the other hand, persisted in demanding the rents in arrears, but was thwarted in the attempts to recover them by the neutrality of the territory and the opposition of Belgium.
The existence of Moresnet as a neutral territory depends upon the duration of its mines. When they are exhausted the interest of Prussia and Belgium therein will cease, as there will not be sufficient value in the lands to warrant the continuance of the present form of government.