The European Concert in the Eastern Question/Chapter 6
CHAPTER VI.
THE BALKAN PENINSULA, ETC.
1856-1885.
The action of the Powers. In the preceding chapters we have traced the gradual emancipation, under the supervision of Europe, of isolated out-lying portions of the Ottoman Empire. We now approach a larger subject. During the last thirty years the Powers have assumed to deal with the central mass of the Empire; pruning it of its appendant tributary provinces, and recognising them under various conditions as independent states; readjusting its frontiers; regulating its waterways; and even supervising the details of its local administration.
The action of Russia. This interference on the part of the Powers collectively has been largely due to attempts on the part of Russia to interfere single-handed with the destinies of Eastern Europe. In 1853, and again in 1877, Turkish misgovernment and Christian discontent were the opportunity of Russia. At the former date, as the champion of Orthodoxy, at the latter, as the saviour of Nationalities akin to her own, she entered on the path which leads to the Bosphorus. On both occasions she was too strong for the Turks, and the question for decision was whether she was to deal according to her good will and pleasure with the Ottoman Empire, as she had often done before, from the treaty of Kainardji down to the treaty of Adrianople; or whether the fate of that empire was a matter which concerned the European Powers in common. The question was answered in 1878 as it had been answered in 1856, but a second Crimean Similarities between the Treaties of Paris and Berlin War was avoided. At the Congress of Paris, Russia had to renounce the pretensions which she had gone to war to maintain. At the Congress of Berlin she had to submit to the re-settlement of her contract with Turkey from the point of view of the general interest of Europe. The treaties of Paris and of Berlin thus resemble one another, in that both alike are a negation of the right of any one Power, and an assertion of the right of the Powers collectively, to regulate the solution of the Eastern question.
Differences between the two Treaties. But these two great treaties differ considerably from one another in several important particulars. The Treaty of Paris was primarily a treaty of peace, and contains therefore a number of articles which answer the merely temporary purpose of putting an end to a state of war. The Treaty of Berlin is primarily a political settlement, supervening upon a peace, the terms of which had been previously agreed upon, as between the belligerents, by the treaty of San Stefano. Again, in 1856, Turkey and her allies were victorious, and the object of the arrangement was the maintenance of the Ottoman Empire, which was to be left to perform its promises well-doing without external interference. In 1878 Turkey was crushed, her best friends were ready to consent to her dismemberment on a large scale; there was no more confidence in her reformation from within, and we no more hear of guarantees of her integrity and independence. The Treaty of Berlin was indeed intended to Double purpose of the Treaty of Berlin. be a re-assertion of the guiding principle of the Treaties of Paris and of London, i.e. of the claim of the Powers collectively, as against Russia individually, to take cognizance of the Eastern question. But it was also intended to be a revision of those Treaties.
The Treaty of Berlin as a reassertion of the authority of the Powers. 1. At the opening of the Berlin Congress, Prince Bismark explained that the stipulations of the Treaty of San Stefano were in several points of a nature to modify 'the state of things as fixed by former European Conventions,' and that the Plenipotentiaries were assembled for the purpose of submitting that Treaty 'to the free discussion of the Cabinets, signatories of the Treaties of 1856 and 1871.' At a later stage, Count Schouvaloff admitted that the Treaty of San Stefano was 'a preliminary convention, having obligatory force only upon the two contracting parties, by which Russia intended to let the Turkish Government know beforehand the demands she would formulate later before Europe[1].' The Treaty of Berlin was accordingly so drawn as to supersede those parts of the Treaty of San Stefano which were held to be of European concern, viz. the articles which relate to Montenegro (1, 2), to Servia (3, 4), to Roumania (5), to Bulgaria (6-11), to the Danube (12), to Bosnia and Herzegovina (14), to Crete (15), to Armenia (16), to the Persian boundary (18), and to the Russian protectorate (22)[2].
The Treaty of Berlin as a revision of those of Paris and London. 2. But a still more important object of the Congress of Berlin was to revise the Treaties of Paris and London. A leading idea of those Treaties had been the preservation of the independence and territorial integrity of the Ottoman Empire, and of its sovereign rights over the vassal principalities. All this was now to be changed. The Porte was to be virtually reduced to tutelage, and its suzerainty over the Principalities was to be finally extinguished. Such portions, however, of the earlier treaties as are not abrogated or modified by the later Treaty are expressly confirmed by it; and the unrepealed and permanent provisions of the three Treaties, taken together, contain the now binding decision of the great Powers as to the settlement of Eastern Europe.
The Treaty of Paris. The portions of the Treaty of Paris which are still in force relate to the admission of the Porte to the European concert (Art. 7), to a resort to mediation before a war between the Porte and any one or more of the other signatories of the Treaty (8), and to the navigation of the Straits (10), of the Black Sea (12), and of the Danube (15-19). Even if the article as to treaties of commerce is still to some extent operative, only ten of the thirty-four articles of the Treaty are now even partially in force[3].
The Treaty of London. Of the nine articles of the Treaty of London of 1871, those practically operative relate to—the navigation of the Straits (Art. 2), of the Black Sea (3), and of the Danube (4-7).
The Treaty of Berlin. It will be observed that the surviving portions of these older Treaties relate, almost exclusively, to subsidiary questions of commerce and navigation. The greater questions—of the rise of new nationalities, the redistribution of territory, and the narrowing of the Ottoman jurisdiction, have been newly, and in most cases for the first time, provided for by the Treaty of Berlin.
Temporary provisions. Certain of the provisions of this Treaty are, on the face of them, of a merely temporary character. Such are the articles relating to ratification (64), to the evacuation of certain portions of European Turkey (11, 22, 32), to the interim administration of Bulgaria and Eastern Roumelia (6, 7).
Permanent provisions. The articles of the Treaty which, as contrasted with those just mentioned, may be called 'permanent,' although many even of these are provisional, in the sense of relating to successive stages in very complicated changes[4], have reference to—the recognition as independent, with accessions of territory, of the three principalities over which the Porte had hitherto claimed suzerainty, and the subtraction of new inchoate states from the direct government of the Porte (Arts. 1-5, 8-21, 26-31, 33-40, 42-44, 46-51); the administration by Austria of Bosnia and Herzegovina (Art. 25); the advance of the Russian frontier in Europe and in Asia (Arts. 45, 58-60); the recommendation of concessions to Greece (Art. 24); the navigation of the Danube (Arts. 52-57); specific engagements of the Porte as to Provincial Government in Europe (Art. 23); engagements of the Porte for the benefit of the Armenians (Art. 61); and general engagements of the Porte as to religious toleration (Art. 62).
The topics regulated by the three Treaties. The topics now regulated by the Treaties of Paris, of London, and of Berlin, with its Supplementary Conventions, may therefore be classified under seventeen heads, viz. :
- I. The admission of the Porte to the concert of Europe (Paris, Art. 7).
- II. The agreement as to a resort to mediation (Paris, 8).
- III. Religious equality in Turkey (Paris, 9; Berlin, 62).
- IV. The Navigation of the Straits (Paris, 10; London, 2).
- V. The Navigation of the Black Sea (Paris, 12 ; London, 3).
- VI. The Navigation of the Danube (Paris, 15-19; London, 1871, 4-7; Berlin, 52-57; London, 1883).
- VII. Roumania (Berlin, 43-51).
- VIII. Servia (Berlin, 34-40, 42).
- IX. Montenegro (Berlin, 26-31, 33).
- X. Bulgaria (Berlin, 1-12).
- XI. Eastern Roumelia (Berlin, 13-21).
- XII. Bosnia and Herzegovina (Berlin, 25).
- XIII. Other European provinces (Berlin, 23).
- XIV. The Armenian provinces (Berlin, 61).
- XV. Cessions to Greece (Berlin, 24; Convention of 1881).
- XVI. The Russian boundaries (Berlin, 45, 58-60).
- XVII. The Persian boundary (Berlin, 60).
Topics I, II, III. Of these topics, I, II, and III need little more explanation than can conveniently be given in the shape of notes to the relative articles of the Treaties. Of some of the others it may be useful to give in this place a more connected, though still summary, account.
The Straits. IV. The Navigation of the Bosphorus And Dardanelles.—By the Treaty of the Dardanelles, of 5th January, 1809, between Great Britain and the Porte, it is recited, that ships of war have at all times been prohibited from entering the channel of Constantinople, The ancient rule. viz. the Straits of the Dardanelles and of the Black Sea, and that this 'ancient regulation of the Ottoman Empire' ought in future to be observed towards every Power in time of peace, and Great Britain promises 'on its part to conform to this principle.'
Treaty of Unkiar-Skelessi. An exception to the ancient rule was made in favour of Russia, by the Treaty of Unkiar-Skelessi, in 1883; and the presence of the fleets of the Powers in the Straits was contemplated in the Treaty of 15th July, 1840, Treaty of London, 1840. which, however, states (Art. 4) that this co-operation shall be considered only as a measure of exception, adopted at the express demand of the Sultan, and shall not derogate in any degree from the ancient rule of the Ottoman Empire, which the Sultan engages to maintain, and the four Powers to respect. By a Protocol of even date the Porte reserves to itself the right to deliver passes to light vessels for the service of the correspondence of the Legations[5].
Protocol of 1841. The four Powers, by a Protocol dated 10th July, in the following year[6], and the same Powers, with the addition of France, by a Treaty signed on the 13th of the same month, engage to respect the ancient rule; the Sultan by the Treaty The Treaty of 1841. also engaging to uphold the rule, while reserving to himself to allow the passage of light vessels in the service of the Missions[7].
The Convention annexed to the Treaty of 1856. This Treaty was superseded by Art. 10 of the Treaty of Paris of 1856, and the annexed Convention[8], which is to have the same validity as if it formed an integral part of the principal Treaty. This Convention is still in force, having been confirmed Confirmed by the Treaty of 1871. by Art. 2, of the Treaty of London, of 1871, which, however, allows the Sultan to open the Straits in case of necessity in order to secure the execution of the stipulations of the Treaty of Paris[9].
The Congress of Berlin. The Treaty of Berlin is silent on the subject of the Straits; but the topic was mentioned at the sittings of the Congress, and Lord Salisbury took occasion to procure the insertion in its 18th Protocol of the following declaration:—
Considering that the Treaty of Berlin will modify an important part of the arrangements sanctioned by the Treaty of Paris of 1856, and that the interpretation of Art. 2 of the Treaty of London, which is dependent on the Treaty of Paris, may thus become a matter of dispute; I declare, on behalf of England, that the obligations of Her Britannic Majesty relating to the closing of the Straits, do not go further than an engagement with the Sultan to respect in this matter His Majesty's independent determinations in conformity with the spirit of existing Treaties.
At the following sitting, Count Schouvaloff demanded the insertion in the Protocol of the following counter-declaration:—
The Plenipotentiaries of Russia, without being able exactly to appreciate the meaning of the proposition of the second Plenipotentiary of Great Britain, respecting the closing of the Straits, restrict themselves to demanding, on their part, the insertion in the Protocol of the observation: that, in their opinion, the principle of the closing of the Straits is an European principle, and that the stipulations concluded in this respect in 1841, 1856, and 1871, confirmed at present by the Treaty of Berlin, are binding on the part of all the Powers, in accordance with the spirit and letter of the existing Treaties, not only as regards the Sultan, but also as regards all the Powers signatory to these transactions[10].
Black Sea. V. The Black Sea.—By Article 11 of the Treaty of Paris, the Black Sea is declared open to the mercantile marine of every nation; and, by Article 12, commerce is to be 'free from any impediment' in its ports and waters. The former article Freedom of Commerce.was abrogated by Article 1 of the Treaty of London of 1871, but the latter remains in force, and is supplemented by Article 3 of that Treaty, which declares that 'the Black Sea remains open as heretofore to the mercantile marine of all nations.'
Neutralisation. The so-called 'neutralisation' of the Black Sea, effected by Articles 11, 13, and 14 of the Treaty of Paris, and by the annexed Convention between the Emperor of Russia and the Sultan, after being repudiated by Russia in 1870[11], was rescinded by Article 1 of the Treaty of London, which expressly abrogates Articles 11, 13, and 14 of the Treaty of Paris, together with the annexed Convention, and by a special Convention between the Emperor of Russia and the Sultan, of even date with the Treaty of London, and afterwards communicated to the representatives of the other Powers[12].
Danube. VI. The Navigation of the Danube.—In order to understand the principles applicable to the navigation of this river it is necessary to go back to the events of 1814-15. In the former of those years the Treaty of Paris Congress of Paris.proclaimed that[13]:—
Congress of Vienna. The Congress of Vienna accordingly, in its Final Act, devotes to this subject the following articles[14]:—
Art. 109. The navigation of the rivers, referred to in the preceding article, along their whole course, from the point where each of them becomes navigable to its mouth, shall be entirely free, and may not, in respect to commerce, be prohibited to any one; it being understood that the regulations established with regard to the police of this navigation shall be respected, as they will be formed alike for all, and as favourable as possible to the commerce of all nations.
Art. 110. The system that shall be established both for the collection of the duties and for the maintenance of the police, shall be, as nearly as possible, the same along the whole course of the river, and shall also extend, unless particular circumstances prevent it, to those of its branches and confluents, which, in their navigable course, separate or traverse different states.
Art. 111. The duties on navigation shall be regulated in an uniform and settled manner, and with as little reference as possible to the different quality of the merchandise, in order that a minute examination of the cargo may be rendered unnecessary, except with a view to prevent fraud and evasion. The amount of these duties, which may in no case exceed those now paid, shall be determined by local circumstances, which scarcely allow of a general rule in this respect. The tariff shall, however, be prepared in such a manner, as to encourage commerce by facilitating navigation; for which purpose the duties established upon the Rhine may serve as an approximate model for its construction. The tariff once settled, no increase shall take place therein, except by the common action of the riverain States; nor shall the navigation be burdened with any other duties than those fixed in the Regulation.
Art. 112. The offices for the collection of duties, the number of which shall be reduced as much as possible, shall be determined upon in the above Regulation, and no change shall afterwards be made but by common consent, unless any one of the riverain States should wish to diminish the number of those which exclusively belong to the same.
Art. 113. Each riverain State shall be at the expense of keeping in good repair the towing paths which pass through its territory, and of maintaining the necessary works through the same extent in the channels of the river, in order that no obstacle may be experienced to the navigation. The intended Regulation shall determine the manner in which the riverain States are to participate in these latter works, when the opposite banks belong to different Governments.
Art. 114. There shall nowhere be established store-house, port, or forced harbour duties (Droits d'étape, d'échelle et de relâche forcée). Those already existing shall be preserved for such time only as the riverain States (without regard to the local interest of the place or the country where they are established) shall find them necessary or useful to navigation and commerce in general.
Art. 115. The Custom-Houses belonging to the riverain States shall not interfere with the duties on navigation. Regulations shall be established to prevent officers of the Customs, in the exercise of their functions, throwing obstacles in the way of the navigation; but care shall be taken, by means of a strict police on the bank, to preclude every attempt of the inhabitants to smuggle goods through the medium of boatmen.
Art. 116. Everything expressed in the preceding articles shall be settled by a general Regulation, in which there shall also be comprised whatever may need an ulterior determination. The Regulation, once settled, shall not be changed without the consent of all the riverain States, and they shall take care to provide for its execution with due regard to circumstances and locality.
The principles which were thus applied to the chief rivers of Western Europe produced but little effect upon the Danube. Its navigation previously to the Treaty of Paris was governed by a Treaty of 25th July, 1840, between Austria and Russia[15], which since 1829 had been in possession of all the Danube mouths, and by a Treaty of 2nd December, 1851, between Austria and Bavaria[16], to which Würtemberg had acceded on 5th June, 1855[17]. Both Treaties professed to apply the principles of Vienna. At the Vienna Conferences of 1855, Austria proposed to entrust the regulation of the river to a 'European syndicate,' and to neutralise the islands of the Delta[18].
The Treaty of Paris. The subject was also considered at the Congress of Paris in 1856[19]. The Treaty of Paris (Arts. 15-19) confides all the mouths of the Danube to the Porte instead of Russia, and provides that the principles established by the Congress of Vienna shall be equally applied to this river.
The Riverain Commission. In accordance with those principles a permanent superintending Commission of Riverain Powers was to be constituted, of delegates of Austria, Bavaria, the Porte, and Würtemberg, together with Commissioners from the three Riverain Principalities, Servia, Wallachia, and Moldavia. The European Commission. A temporary international Commission, composed of delegates of Austria, France, Great Britain, Prussia, Russia, and Sardinia, was to cause the execution of certain necessary works below Isaktcha. The subsequent history of these two Commissions is curious. Failure of the former, The Riverain Commission, which was intended permanently to regulate the course of the river in pursuance of the Treaty of Vienna, after a few years of unsuccessful activity, fell into abeyance and has been dissolved. and success of the latter. The novel experiment of an international Commission has, on the other hand, done good work. Instead of coming to an end in two years, its powers have been prolonged from time to time, and are likely to be prolonged indefinitely, while its jurisdiction has been extended far above the point at which it originally terminated.
The Paris Conference of 1858: The Conference of the Powers which was held at Paris, from 22nd May to 19th August, 1858, with reference to the affairs of Wallachia and Moldavia, had under its consideration a Navigation Act signed at Vienna on 7th November, 1857, by the Riverain Commission[20], rejects the Act of the Riverain Commission,but declined to sanction it, as being drawn too exclusively in the interests of the commerce of the Riverain States[21]. The Act, amended in accordance with the views of the Conference[22], was again submitted to the Powers in 1859, but no notice having been taken of it, the Riverain Commission practically ceased to exist[23].
but prolongs the powers of the European Commission. On other hand, the same Conference prolonged the powers of the European Commission till it should have completed the works with which it was charged[24].
The Conference which sat at Paris from 10th March to 4th June, 1866, with reference to the United Principalities, extended the powers of the European Commission for five years from 24th April of that year[25], and also sanctioned the Public Act relating to the navigation of the mouths of the Danube, which had been signed by that Commission at Galatz on 2nd November, 1865, amending and consolidating the Acts previously issued by it[26].
In 1868 the Commissioners contracted a loan, to be paid off before 1st January, 1884, which was guaranteed by all the Powers except Russia, by a Convention signed at Galatz on 30th April of that year[27].
The Treaty of London. By the Treaty of London of 1871[28], Articles 4-7, the powers of the Commission were prolonged to 24th April, 1883, and the neutral character claimed for its establishments and works, by the Navigation Act of 1865, and allowed by the Conference of 1866, was solemnly confirmed.
The Treaty of Berlin. The Treaty of Berlin[29], Articles 52-57, ordered the Danube fortresses to be razed[30], added a representative of Roumania to the European Commission, and extended its powers to Galatz. It also authorized the Commission, with the assistance of Delegates of the Riverain States, to frame regulations for the river above Galatz, as far as the Iron Gates.
The action of the Commission as to the lower Danube, The European Commission lost no time in acting under the powers given to it by the Treaty.
I. With reference to the lower river, it amended the Navigation Act of 1865 by an 'Additional Act,' signed on 28th May, 1881, which adjusts the old regulations to the changed circumstances produced by the admission of Russia and Roumania as Riverain States, claims for the Commission the sole control over its employés, adopts a flag, and establishes an international sanitary council at Bucharest[31].
as to the middle Danube. II. With reference to the middle river, an avant-projet, drawn by a sub-committee of representatives of Austria, France, and Italy, was considered by the Commission, assisted by Delegates of Servia and Bulgaria, in the spring of 1881. It suggested The Avant-projet. the appointment of a mixed Commission, for the superintendence of this portion of the river, to consist of representatives of Austria, Bulgaria, Roumania, and Servia, the Austrian representative to be perpetual president, with a casting vote. The Riverain Powers strongly objected to the preponderant control which would thus be given to Austria over a part of the river which is not touched by her territory, but all of them except Roumania agreed, on 2nd June, 1882, to a compromise The Barrère compromise. which had been suggested by M. de Barrère, the French delegate, in the preceding autumn, to the effect that the constitution of the mixed Commission, as previously proposed, should be modified by adding to it one of the members of the European Commission, to be selected by alphabetical rotation every six months. The objections of Roumania. The objections urged by Roumania to this scheme were directed mainly against the exceptional position given by it to Austria, and to its interference with her own alleged exclusive rights, as a Riverain State, to executive authority over so much of the river as flows through, or bounds, her territory. Austria, on the other hand, gave notice that her consent to the prolongation of the powers of the Commission, after 24th April, 1883, would depend upon its decisions as to the mixed Commission; and Russia gave a similar notice with reference to certain concessions being made to her with respect to the Kilia branch.
The Conference of 1883. There was no time to be lost if the Commission was to continue in existence, and a Conference accordingly met at London on 8th February, 1883. It consisted of representatives of the signatories of the Treaty of Berlin, and declined to receive representatives of Roumania and Servia, except with a merely consultative voice. The Servian delegate remained upon these terms, but the delegate of Roumania withdrew altogether, as did the delegate of Bulgaria, who would have been allowed to be merely present, without any voice in the deliberations.
The Treaty of London, 1883. The Treaty[32], which was signed on 10th March, prolongs the duration of the Commission to 24th April, 1904, for certain, and extends its direct authority as far as Ibraila, i.e. to the point beyond which sea-going vessels cannot ascend the river. Concessions to Russia, It makes large concessions to Russia, with reference to the Kilia mouth, and adopts the Barrère règlement, modified by certain concessions to the objections of the Riverain States. to Roumania. Thus it is arranged that neither Austria nor Roumania is to be represented on the mixed Commission by their delegates on the European Commission, and the sub-inspectors are to be appointed in accordance with the wishes of Roumania.
A period of six months was assigned for the exchange of the ratifications of the Treaty, within which time it was hoped that the adhesion of all the Riverain Powers would be received. The ratification of all the signatory Powers, except the Porte (whose ratification arrived on 8th October), were exchanged in London on 24th April, 1884, the very day on which the mandate of the European Commission would have expired. Roumania still remains obstinate in refusing to accept the decision of the Powers.
Roumania. VII. Roumania.—Wallachia in 1396, and Moldavia in 1511, submitted to the Porte, under capitulations as to the precise nature of which there is some doubt, but which, according to Roumanian historians, secured to each Principality the election of its own 'voyvode,' and much freedom of administration. At a later date the Porte superseded the elected 'voyvodes' by 'hospodars' appointed by itself. Russia, on the other hand, obtained by the Treaty of Kainardji in 1774, and by subsequent conventions, certain rights of interference on behalf of the two countries; and by the Peace of Bucharest, 1812, acquired the Moldavian province of Bessarabia, thus advancing its frontier to the Pruth and lower Danube. The occupation by Russia of the two principalities was the step which immediately produced the Crimean War, and much pains were taken in the Treaty of Paris to define their position as being 'under the suzerainty of the Porte and under the guarantee of the contracting Powers,' no one of which was to exercise any 'exclusive right of protection over them[33].' By the same Treaty, a portion of Bessarabia on the left bank of the Danube was restored to Moldavia[34]. In accordance with Article 24 of the Treaty, representative Divans were consulted, in September 1857, as to the definite organization of the Principalities. The nearly unanimous wish of both Divans for union under a single governor was considered by a Conference of the Powers, held at Paris from 22nd May to 19th August, 1858[35], which refused to sanction this proposal, but, by a Convention of the latter date, approved of a joint Commission at Fokshany, a joint High Court, and a joint Militia; The double election. the hospodars to be elected for life for 'the United Principalities of Wallachia and Moldavia[36].' The 'double election' in January and February 1859, of Colonel Couza as hospodar[37] was the next step taken by the Principalities towards realising their union. The Porte appealed to the Powers; who however, at a Conference at Paris, on 6th September, decided to sanction the election[38], and in October the Sultan sent to Colonel Couza a firman of investiture in the two hospodarships[39].
In 1861 the Powers and the Porte, by a firman of 2nd December, recognised the union of the two Principalities for the life of Prince Couza, allowing, for the same period, a common Ministry and a common Assembly, and suspending the meetings of the Central Commission at Fokshany[40].
On 28th June, 1864, the Porte submitted to a Conference of representatives of the Powers at Constantinople an 'Additional Act' to the Convention of 19th August, 1858, with an 'Annexe.' The two documents, making large changes in the constitutional law of the United Principalities, and acknowledging the right of the Principalities themselves to make similar changes hereafter without the assent of the Powers, were approved by the representatives of all the Powers, with certain reservations[41].
In February, 1866, Prince Couza was obliged to abdicate, and the Count of Flanders declining the hospodarship. Prince Charles of Hohenzollern-Sigmaringen was elected in April by a plébiscite to the post[42].
An hereditary Prince. A Conference of the Powers sat at Paris from 10th March to 4th June[43], without being able to agree upon a course of action, and on 23rd October Prince Charles received from the Sultan at Constantinople investiture as hereditary Prince of the United Provinces[44], which henceforth affected to describe themselves as 'Roumania' a name which did not, however, receive diplomatic recognition.
On 16th April, 1877, Roumania concluded a Convention with Russia granting passage to the armies of the latter for the invasion of Turkey[45]. Independence.On May 22nd the Assembly proclaimed the independence of the Principality[46], which was recognised by the Treaty of San Stefano[47], and finally, though upon conditions, by the Treaty of Berlin[48]. A kingdom.On March 26th, 1881, Roumania, without objection on the part of any of the Powers, assumed the style of a kingdom.
Servia. VIII. Servia.—After several blows had been struck by the Turks at the power of Servia, which was ruled by a 'despotes' of its own, it was finally conquered by Mohammed II, after his capture of Constantinople; but Belgrade was not taken from the Hungarians till 1522, by Soleiman the Great. Thenceforth Servia was a Turkish province, with occasional interludes of Austrian occupation (1717-1739, 1788-1791). Its partial independence dates from the insurrection under Kara George in 1804. The liberator was expelled in 1813; after which date the struggle was intermittently carried on by Milosch Obrenovitch till 1829, when the administrative independence of Servia, which had been promised in the Treaty of Ackerman, was finally secured to it by Russia in the Treaty of Adrianople. A firman of 15th August, 1830, made the princely dignity hereditary in the family of Milosch.
By the Treaty of Paris, Servia was left under the suzerainty of the Porte, but its immunities were placed under the collective guarantee of the Powers, whose consent was made necessary to any armed intervention in the country[49].
In 1862 disturbances took place, and Belgrade was bombarded by the Turks. Further conflict was prevented by a Conference of the Powers, which sat at Constantinople from 23rd July, and on 4th September signed a protocol which thenceforth Turkish troops withdrawn.restricted the Turkish garrisons to Belgrade and four other fortresses[50]. On 10th April, 1867, it was arranged that the Turkish troops should be altogether withdrawn[51].
Servia declared war against the Porte on 20th June, 1876, but was obliged to sue for peace on 28th February, 1877. She declared war again on 14th December of the same year, and was rewarded by a stipulation in the Treaty of San Stefano that the Porte should recognise her independence[52].Independence. The Principality was recognised as independent, on certain conditions, by the Treaty of Berlin[53]. A proclamation was issued to this effect on 21st August, 1878, A kingdom.and on 6th March, 1882, Servia assumed the rank of a kingdom.
Montenegro. IX. Montenegro—The 'Black Mountain,' originally a dependency of Servia, after the fall of that State, maintained a long and generally successful struggle against the Ottoman power. It was not till 1623 that Turkish troops penetrated to Cetinge. The government was in the hands of the Bishop, who was styled 'Vladika,' from 1516 to 1852, when Danilo I broke through the family tradition by becoming a lay Prince, 'Knas.' In 1706 the Montenegrins placed themselves under the protection of Russia, but by the Treaty of Sistova, 1791, Austria acknowledged the Porte as their 'proper sovereign.' This claim was repeated by the Porte at the Conference of Paris in 1856, and protested against by Prince Danilo[54].
In November, 1858, with a view to putting an end to the perpetual hostilities between the Principality and the Turks, a Conference of the representatives of Great Britain, Austria, France, Prussia, Russia, and the Porte was held at Constantinople, and traced anew the boundaries of the Principality[55], leaving details to be settled on the spot by a Commission of Engineers, which reported upon the result of their labours two years later[56].
In 1862 the Turks invaded Montenegro and dictated terms of peace at Scutari, reserving to themselves the right to make a military road through the country and to protect it by block-houses[57].
Montenegro declared war against Turkey on 2nd July, 1876. Its independence was recognised by the Porte in the Treaty of San Stefano[58]. At the Congress of Berlin it appeared that, formally or informally, all the Powers except England and Turkey had at that date Independence recognised. recognised the independence of the Principality[59]; and the Treaty declares that, subject to certain conditions, 'the independence of Montenegro is recognised by the Sublime Porte and by all those of the High Contracting Parties who had not hitherto admitted it[60].'
Bulgaria. X, XI. Bulgaria and Eastern Roumelia.—The Bulgarian kingdom became a Turkish province after the battle of Kossovo, 1389, and many of its great families adopted Mohammedanism in order to preserve their estates. The 'atrocities' of which this province was the scene in May, 1876, had much influence upon the policy of the Powers during the events which resulted in the Treaty of San Stefano. The 'great Bulgaria' created by that Treaty[61], stretching from the Danube to the Ægean, was severed by the Treaty of Berlin into three portions, of which, that north of the Balkans became the autonomous tributary province of 'Bulgaria[62];' that immediately south of that range became the Eastern Roumelia Province of 'Eastern Roumelia,' under the direct political and military authority of the Sultan, though with 'administrative autonomy[63];' while the most southerly portion was unreservedly restored to Turkey.
General character of provisions as to the Principalities. Even omitting provisions of a purely temporary character, no less than forty-three of the sixty-four articles of the Treaty of Berlin are devoted to Roumania, Servia, Montenegro, Bulgaria, and Eastern Roumelia.
These articles may be classified, as relating to—
Recognition. i. The conditional recognition of the three old Principalities as fully independent (Arts. 26, 27; 34, 35; 43, 44, 45).
Constitution. ii. The constitutional organization of the new Tributary Principality and the autonomous Province (Arts. 3, 4, 7; 13, 17, 18).
Delimitation. iii. The territorial delimitation of the four Principalities and the Province (Arts. 3, 4, 7, 18).
Common stipulations. iv. Certain provisions with reference to the Principalities and the autonomous Province, which, though they exhibit some slight variations, are in the main matters of common form. These relate to twelve topics, viz.
Religious equality. (1) Religious equality. This is stipulated for in the case of Bulgaria (5), as it is with reference to the Ottoman Empire generally (62). It is made a condition precedent to the recognition of Montenegro (27), Servia (34), and Roumania (44).
Treaties of the Porte. (2) Treaties of commerce and navigation, made by the Porte, are to remain applicable to Bulgaria (8), and to Servia (37), till further arrangements are made. All Treaties made, or to be made, by the Porte are to apply to Eastern Roumelia as well as to the rest of the Empire. The Treaty relations of Roumania and Montenegro are passed over in silence.
Equality of foreigners in Bulgaria and Roumania. (3) With reference only to Bulgaria (8) and Roumania (44), it is provided that the subjects and citizens of all the Powers shall be treated on a footing of strict equality within those Principalities.
Transit dues. (4) With reference to Bulgaria (8), Servia (37), and Roumania (48), it is declared that no transit dues are to be levied on goods passing through these countries.
Consular jurisdiction. (5) Consular jurisdiction and the privileges of foreigners are maintained, till modified by consent, in Bulgaria (8), Eastern Roumelia (20), Servia (37), and Roumania (49); but it is expressly stated that 'Roumania shall have power to make conventions to determine the privileges and attributes of consuls in regard to protection within the Principality.' Nothing is said as to consuls in Montenegro.
Railway contracts. (6) Bulgaria (10), Servia (58), and Roumania (51) take the place of the Porte in railway undertakings affecting those countries respectively; but in Eastern Roumelia the rights and obligations of the Porte continue (21). As to Montenegro, see Art. 29.
Estates of Mussulmans. (7) Special provision is made for the rights of Mussulman landed proprietors in Bulgaria (12) and in the territory ceded to Montenegro (30), and to Servia (39).
Property of Porte and Vakoufs. (8) Provision is also made as to property belonging to the State and to religious foundations (Vakoufs) in Bulgaria (12), Montenegro (30), and Servia (39).
Subjects of the Principalities. (9) The relation of Bulgarians (12), Montenegrins (31), Servians (40), and Roumanians (50), when within the Ottoman dominions, to Ottoman law, are specially regulated.
An Agent of Montenegro. (10) It is provided that Montenegro may have agents at Constantinople and elsewhere in the Ottoman Empire (31).
Ottoman debt. (11) Provision is made as to the share of the Ottoman debt to be borne by Bulgaria (9), and, in respect of the territory newly annexed to them, by Montenegro (33) and Servia (42).
Bulgarian tribute. (12) Lastly, provision is made for the payment of tribute by Bulgaria (9).
Detailed information upon these points will be found in the notes to the relative articles of the Treaty.
Bosnia and Herzogovina XII. Bosnia and Herzegovina.—The Bosnians were tributary to Hungary or Servia, till in 1376 they proclaimed a king of their own; after whose defeat at the battle of Kossovo, in 1389, Bosnia became a vassal of Turkey, and was incorporated with it in 1463. It became one of the eight European 'eyalets,' in which the Herzegovina is a 'sandjak.' The adoption of Mohammedanism by the feudal nobles led to an estrangement between them and the mainly Christian peasantry. It was in the Herzegovina that the disturbances first began in 1875 which resulted in the Russo-Turkish war. By the Treaty of San Stefano[64] the administration of Bosnia and Herzegovina was to be reformed in accordance with the scheme which had been laid before the Conference of Constantinople in 1876[65], subject to modifications to be agreed upon by Turkey, Russia, and Austria. The Treaty of Berlin provided a more drastic remedy for the grievances of these provinces, by arranging that they should be 'occupied and administered' by Austria[66]. One incidental result of this arrangement was to put an end to the controversy, long carried on between the Porte and Austria, as to the right of the former to communicate freely from the sea with the Herzegovina, through the two enclaves of that province, Klek and Sutorina, which jut out into Dalmatia[67].
For the subsequent history of these districts, see the note to Article 25 of the Treaty of Berlin.
Topics XIII-XVII. The remaining topics, XIII-XVII, are probably explained in sufficient detail in the notes to the relative articles of the Treaty of Berlin, together with, in the case of XV, the notes to the Convention of 1881[68].
TEXTS.
No. I.
1856, 30th March. General Treaty between Her Majesty, the Emperor of Austria, the Emperor of the French, the King of Prussia, the Emperor of Russia, the King of Sardinia, and the Sultan, signed at Paris, March 30, 1856[69].
Contents.
In the Name of Almighty God.
Their Majesties the Queen of the United Kingdom of Great Britain and Ireland, the Emperor of the French, the Emperor of all the Russias, the King of Sardinia, and the Emperor of the Ottomans, animated by the desire of putting an end to the calamities of war, and wishing to prevent the return of the complications which occasioned it, resolve to come to an understanding with His Majesty the Emperor of Austria as to the bases on which peace might be re-established and consolidated, by securing, through effectual and reciprocal guarantees, the independence and integrity of the Ottoman Empire.
For this purpose Their said Majesties have named as their Plenipotentiaries, that is to say:
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable George William Frederick Earl of Clarendon, &c., Her Majesty's Principal Secretary of State for Foreign Affairs; and the Right Honourable Henry Richard Charles Baron Cowley, &c., Her Majesty's Ambassador Extraordinary and Plenipotentiary to His Majesty the Emperor of the French;
His Majesty the Emperor of Austria, the Sieur Charles Ferdinand Count of Buol-Schauenstein, &c., His Minister of the House and of Foreign Affairs, President of the Conference of Ministers; and the Sieur Joseph Alexander Baron de Hübner, &c., His Envoy Extraordinary and Minister Plenipotentiary to the Court of France;
His Majesty the Emperor of the French, the Sieur Alexander Count Colonna Walewski, &c., His Minister and Secretary of State for Foreign Affairs; and the Sieur Francis Adolphus Baron de Bourqueney, &c., His Envoy Extraordinary and Minister Plenipotentiary to His Imperial and Royal Apostolic Majesty;
His Majesty the Emperor of all the Russias, the Sieur Alexis Count Orloff, &c.; and the Sieur Philip, Baron de Brunnow, His Privy Councillor, His Envoy Extraordinary and Minister Plenipotentiary to the Germanic Confederation and to the Grand Duke of Hesse, &c.;
His Majesty the King of Sardinia, the Sieur Camille Benso Count of Cavour, &c., President of the Council of Ministers,and His Minister Secretary of State for the Finances; and the Sieur Salvator Marquis de Villa-Marina, &c., His Envoy Extraordinary and Minister Plenipotentiary to the Court of France;
And His Majesty the Emperor of the Ottomans, Mouhammed Emin Aali Pasha, Grand Vizier of the Ottoman Empire &c.; and Mehemmed Djemil Bey, &c., His Ambassador Extraordinary and Plenipotentiary to His Majesty the Emperor of the French, accredited in the same character to His Majesty the King of Sardinia;
Which Plenipotentiaries assembled in Congress at Paris[70].
An understanding having been happily established between them, Their Majesties the Queen of the United Kingdom of Great Britain and Ireland, the Emperor of Austria, the Emperor of the French, the Emperor of all the Russias, the King of Sardinia, and the Emperor of the Ottomans, considering that in the interest of Europe, His Majesty the King of Prussia, a signing Party to the Convention of the 13th of July, 1841[71], should be invited to participate in the new arrangements to be adopted, and appreciating the value that the concurrence of His said Majesty would add to a work of general pacification, invited him to send Plenipotentiaries to the Congress.
In consequence, His Majesty the King of Prussia has named as His Plenipotentiaries, that is to say:
The Sieur Otho Theodore Baron de Manteuffel, President of His Council, and His Minister for Foreign Affairs, &c.; and the Sieur Maximilian Frederick Charles Francis Count of Hatzfeldt Wildenburg-Schoenstein, His actual Privy Councillor, His Envoy Extraordinary and Minister Plenipotentiary to the Court of France, &c.
The Plenipotentiaries, after having exchanged their full powers, found in good and due form, have agreed upon the following Articles:—
Peace.
Peace. Art. I. From the day of the exchange of the ratifications of the present Treaty[72], there shall be peace and friendship between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, His Majesty the Emperor of the French, His Majesty the King of Sardinia, His Imperial Majesty the Sultan, on the one part, and His Majesty the Emperor of all the Bussias[73], on the other part; as well as between their heirs and successors, their respective dominions and subjects, in perpetuity.
Temporary Provisions.
Evacuation. Art. II. Peace being happily re-established between their said Majesties, the territories conquered or occupied by their armies during the war shall be reciprocally evacuated.
Special arrangements shall regulate the mode of the evacuation, which shall be as prompt as possible.
Kars. Art. III. His Majesty the Emperor of all the Russias engages to restore to His Majesty the Sultan the town and citadel of Kars[74], as well as the other parts of the Ottoman territory of which the Russian troops are in possession.
Restoration of Russian Territory. Art. IV. Their Majesties the Queen of the United Kingdom of Great Britain and Ireland, the Emperor of the French, the King of Sardinia, and the Sultan, engage to restore to His Majesty the Emperor of all the Russias, the towns and ports of Sebastopol, Balaklava, Kamiesch, Eupatoria, Kertch, Jenikale, Kinburn, as well as all other territories occupied hy the allied troops.
Amnesty. Art. V. Their Majesties the Queen of the United Kingdom of Great Britain and Ireland, the Emperor of the French, the Emperor of all the Russias, the King of Sardinia, and the Sultan, grant a full and entire amnesty to those of their subjects who may have heen compromised by any participation whatsoever in the events of the war in favour of the cause of the enemy.
It is expressly understood that such amnesty shall extend to the subjects of each of the belligerent parties who may have continued, during the war, to be employed in the service of one of the other belligerents.
Prisoners. Art. VI. Prisoners of war shall be immediately given up on either side.
The Porte and the Powers, 7−9.
The European concert. Art. VII. Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, His Majesty the Emperor of Austria, His Majesty the Emperor of the French, His Majesty the King of Prussia, His Majesty the Emperor of all the Russias, and His Majesty the King of Sardinia, declare the Sublime Porte admitted to participate in the advantages of the public law and system (concert) of Europe. Their Majesties engage, each on his part, to respect the independence and the territorial integrity of the Ottoman Empire; guarantee in comrnon the strict observance of that engagements[75]; and will, in consequence, consider any act tending to its violation as a question of general interest.
Mediation. Art. VIII. If there should arise between the Sublime Porte and one or more of the other signing Powers, any misunderstanding which might endanger the maintenance of their relations, the Sublime Porte, and each of such Powers, before having recourse to the use of force, shall afford the other Contracting Parties the opportunity of preventing such an extremity by means of their mediation[76].Hatti-Humayoun Art. IX. His Imperial Majesty the Sultan, having, in his constant solicitude for the welfare of his subjects, issued a Firman[77] which, while ameliorating their condition without distinction of religion or of race, records his generous intentions towards the Christian populations of his Empire, and wishing to give a further proof of his sentiments in that respect, has resolved to communicate to the Contracting Parties the said Firman emanating spontaneously from his sovereign will.
The Contracting Powers recognise the high value of this communication. It is clearly understood that it cannot, in any case, give to the said Powers the right to interfere, either collectively or separately, in the relations of His Majesty the Sultan with his subjects, nor in the internal administration of his Empire.
The Straits.
The ancient rule. Art. X. The Convention of the 13th of July, 1841, which maintains the ancient rule of the Ottoman Empire relative to the closing of the Straits of the Bosphorus and of the Dardanelles, has been revised by common consent[78].
The Act concluded for that purpose, and in conformity with that principle, between the High Contracting Parties, is and remains annexed to the present Treaty, and shall have the same force and validity as if it formed an integral part thereof[79].
The Black Sea, 11−14.[80]
Art. XI.[81] Neutralization.The Black Sea is neutralized: its waters and its ports, thrown open to the mercantile marine of every nation are formally and in perpetuity interdicted to the flag of war, either of the Powers possessing its coasts, or of any other Power, with the exceptions mentioned in Articles XIV and XIX[82] of the present Treaty.
Art. XII. Freedom of navigation. Free from any impediment, the commerce in the ports and waters of the Black Sea shall be subject only to regulations of health, customs, and police, framed in a spirit favourable to the development of commercial transactions[83].
In order to afford to the commercial and maritime interests of every nation the security which is desired, Russia and the Sublime Porte will admit Consuls into their ports situated upon the coast of the Black Sea, in conformity with the principles of international law.
Art. XIII. Arsenals.The Black Sea being neutralised according to terms of Article XI, the maintenance or establishment upon its coast of military-maritime arsenals becomes alike unnecessary and purposeless; in consequence, His Majesty the Emperor of all the Russias and His Imperial Majesty the Sultan engage not to establish or to maintain upon that coast any military-maritime arsenal.
Art. XIV. Light vessels.Their Majesties the Emperor of all the Russias and the Sultan having concluded a Convention for the purpose of settling the force and the number of light vessels, necessary for the service of their coasts, which they reserve to themselves to maintain in the Black Sea, that Convention is annexed to the present Treaty[84], and shall have the same force and validity as if it formed an integral part thereof. It cannot be either annulled or modified without the assent of the Powers signing the present Treaty.
The Danube, 15−19[85].
Principles of Vienna. Art. XV. The Act of the Congress of Vienna[86] having established principles intended to regulate the navigation of rivers which separate or traverse different States, the Contracting Powers stipulate among themselves that those principles shall in future be equally applied to the Danube and its mouths[87]. They declare that this arrangement henceforth forms a part of the public law of Europe, and take it under their guarantee.
The navigation of the Danube cannot be subjected to any impediment or charge not expressly provided for by the stipulations contained in the following Articles: in consequence, there shall not be levied any toll founded solely upon the fact of the navigation of the river[88], nor any duty upon the goods which may be on board of vessels. The regulations of police and of quarantine to be established for the safety of the States separated or traversed by that river shall be so framed as to facilitate, as much as possible, the passage of vessels. With the exception of such regulations, no obstacle whatever shall be opposed to free navigation.
The European Commission.Art. XVI. With the view to carry out the arrangements of the preceding Article, a Commission, in which Great Britain, Austria, France, Prussia, Russia, Sardinia, and Turkey[89], shall each be represented by one delegate, shall be charged to designate and to cause to be executed the works necessary below Isaktcha[90], to clear the mouths of the Danube, as well as the neighbouring parts of the sea, from the sands and other impediments which obstruct them, in order to put that part of the river and the said parts of the sea in the best possible state for navigation.In order to cover the expenses of such works, as well as of the establishments intended to secure and to facilitate the navigation at the mouths of the Danube, fixed duties, of a suitable rate, settled by the Commission by a majority of votes, may be levied, on the express condition that, in this respect as in every other, the flags of all nations shall be treated on the footing of perfect equality[91].
The Riverain Commission Art. XVII. A Commission shall be estahlished, and shall be composed of delegates of Austria, Bavaria, the Sublime Porte, and Würtemberg (one for each of those Powers), to whom shall be added Commissioners from the three Danubian Principalities, whose nomination shall have been approved by the Porte. This Commission, which shall be permanent: 1. Shall prepare regulations of navigation and river police; 2. Shall remove the impediments, of whatever nature they may be, which still prevent the application to the Danube of the arrangements of the Treaty of Vienna; 3. Shall order and cause to be executed the necessary works throughout the whole course of the river; and 4, Shall, after the dissolution of the European Commission, see to maintaining the mouths of the Danube and the neighbouring parts of the sea in a navigable state[92].
Duration of powers. Art. XVIII. It is understood that the European Commission shall have completed its task, and that the Riverain Commission shall have finished the works described in the preceding Article, under Nos. 1 and 2, within the period of two years. The signing Powers assembled in Conference having been informed of that fact, shall, after having placed it on record, pronounce the dissolution of the European Commission, and from that time the permanent Riverain Commission shall enjoy the same powers as those with which the European Commission shall have until then been invested[93].Light vessels.Art. XIX. In order to insure the execution of the regulations which shall have been established by common agreement, in conformity with the principles above declared, each of the Contracting Powers shall have the right to station, at all times, two light vessels at the mouths of the Danube[94].
Bessarabia, 20, 21.
Cession by Russia. Art. XX. In exchange for the towns, ports, and territories enumerated in Article IV of the present Treaty, and in order more fully to secure the freedom of the navigation of the Danube, His Majesty the Emperor of all the Russias consents to the rectification of his frontier in Bessarabia.
The new frontier shall begin from the Black Sea, one kilometre to the east of the Lake Bourna Sola, shall run perpendicularly to the Akerman road, shall follow that road to the Val de Trajan, pass to the south of Bolgrad, ascend the course of the River Yalpuck to the Height of Saratsiki, and terminate at Katamori on the Pruth. Above that point the old frontier between the two Empires shall not undergo any modification.
Delegates of the Contractifig Powers shall fix, in its details, the line of the new frontier[95].Annexation to Moldavia. Art. XXI. The territory ceded by Russia shall be annexed to the Principality of Moldavia under the suzerainty of the Sublime Porte[96].
The inhabitants of that territory shall enjoy the rights and privileges secured to the Principalities; and, during the space of three years, they shall be permitted to transfer their domicile elsewhere, disposing freely of their property.
Wallachia and Moldavia, 22−27[97].
Collective guarantee. Art. XXII. The Principalities of Wallachia and Moldavia shall continue to enjoy under the suzerainty of the Porte, and under the guarantee of the Contracting Powers, the privileges and immunities of which they are in possession. No exclusive protection shall be exercised over them by any of the Guaranteeing Powers. There shall he no separate right of interference in their internal affairs.
Privileges. Art. XXIII. The Sublime Porte engages to preserve to said Principalities an independent and national administration, as well as full liberty of worship, of legislation, of commerce, and of navigation.
The laws and statutes at present in force shall be revised. In order to establish a complete agreement in regard to such revision, a Special Commission, as to the composition of which the High Contracting Powers will come to an understanding among themselves, shall assemble, without delay, at Bucharest, together with a Commissioner of the Sublime Porte.
The business of this Commission shall be to investigate the present state of the Principalities, and to propose bases for their future organization.
Divans. Art. XXIV. His Majesty the Sultan promises to convoke immediately in each of the two Provinces a Divan ad hoc, composed in such a manner as to represent most closely the interests of all
classes of society. These Divans shall be called upon to express the wishes of the people in regard to the definitive organization of the Principalities.
An instruction from the Congress shall regulate the relations between the Commission and these Divans.
Art. XXV. Taking into consideration the opinion expressed by the two Divans, the Commission shall transmit, without delay, to the present seat of the Conferences, the result of its own labours.
Reorganization. The final agreement with the Suzerain Power shall be recorded in a Convention to be concluded at Paris between the High Contracting Parties; and a Hatti-Scherif in conformity with the stipulations of the Convention, shall constitute definitively the organization of those Provinces, placed thenceforward under the collective guarantee of all the signing Powers[98].
National troops. Art. XXVI. It is agreed that there shall be in the Principalities a national armed force, organized with the view to maintain the security of the interior, and to insure that of the frontiers. No impediment shall be opposed to the extraordinary measures of defence which, by agreement with the Sublime Porte, they may be called upon to take in order to repel any external aggression.
Armed intervention of the Porte. Art. XXVII. If the internal tranquillity of the Principalities should be menaced or compromised, the Sublime Porte shall come to an understanding with the other Contracting Powers in regard to the measures to be taken for maintaining or re-establishing legal order. No armed intervention can take place without previous agreement between those Powers.
Servia, 28, 29[99].
Privileges. Art. XXVIII. The Principality of Servia shall continue to hold of the Sublime Porte, in conformity with the Imperial Hatts which fix and determine its rights and immunities[100], placed hence-forward under the collective guarantee of the Contracting Powers.
In consequence, the said Principality shall preserve its independent and national administration, as well as full liberty of worship, of legislation, of commerce, and of navigation[101].
Garrison. Art. XXIX. The right of garrison of the Sublime Porte, as stipulated hy anterior regulations, is maintained[102]. No armed intervention can take place in Servia without previous agreement between the High Contracting Powers.
Asiatic Boundary[103].
Restoration of the status quo. Art. XXX. His Majesty the Emperor of all the Russias and His Majesty the Sultan maintain, in its integrity, the state of their possessions in Asia, such as it legally existed before the rupture.
In order to prevent all local dispute, the line of frontier shall be verified, and, if necessary, rectified, without any prejudice as regards territory being sustained by either party.
For this purpose a Mixed Commission, composed of two Russian Commissioners, two Ottoman Commissioners, one English Commissioner, and one French Commissioner, shall be sent to the spot immediately after the re-establishment of diplomatic relations between the Court of Russia and the Sublime Porte. Its labours shall be completed within the period of eight months after the exchange of the ratifications of the present Treaty[104].
Evacuation.
Commercial Intercourse.
Interim rights. Art. XXXII. Until the Treaties or Conventions which existed before the war between the belligerent Powers have been either renewed or replaced by new Acts, commerce of importation or of exportation shall take place reciprocally on the footing of the regulations in force before the war; and in all other matters their subjects shall be respectively treated upon the footing of the most favored nation[105].
Aland Islands.
[Art. XXXIII. The Convention concluded this day between Their Majesties the Queen of the United Kingdom of Great Britain and Ireland, the Emperor of the French, on the one part, and His Majesty the Emperor of all the Russias on the other part, respecting the Aland Islands, is and remains annexed to the present Treaty, and shall have the same force and validity as if it formed a part thereof[106].]
Ratifications. Art. XXXIV. The present Treaty shall be ratified, and the ratifications shall be exchanged at Paris in the space of four weeks, or sooner if possible[107] .
In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.
Done at Paris, the thirtieth day of the month of March, in the year one thousand eight hundred and fifty-six.
CLARENDON.
COWLEY.
BUOL-SCHAUENSTEIN.
HÜBNER.
A. WALEWSKI.
BOURQUENEY.
MANTEUFFEL.
C. M. D'HATZFELDT.
ORLOFF.
BRUNNOW.
C. CAVOUR.
DE VILLAMARINA.
AALI.
MEHEMMED DJEMIL.
Additional and Transitory Article.
'The stipulations of the Convention respecting the Straits, signed this day, shall not be applicable to the vessels of war employed by the belligerent Powers for the evacuation, by sea, of the territories occupied by their armies; but the said stipulations shall resume their entire effect as soon as the evacuation shall be terminated.
Done at Paris, the thirtieth day of the month of March, in the year one thousand eight hundred and fifty-six.
(The same signatures.)
Conventions annexed to the preceding Treaty.
In the Name of Almighty God.
Their said Majesties, on the one part, and His Majesty the Sultan, on the other, have resolved to renew the Convention concluded at London on the thirteenth day of July, one thousand eight hundred and forty-one, with the exception of some modifications of detail which do not affect the principle upon which it rests.
In consequence, Their said Majesties have named for that purpose as their Plenipotentiaries, that is to say:—
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable George William Frederick Earl of Clarendon, &c., and the Right Honourable Henry Richard Charles Baron Cowley, &c.;
His Majesty the Emperor of Austria, the Sieur Charles Ferdinand Count of Buol-Schauenstein, &c., and the Sieur Joseph Alexander Baron de Hübner, &c.;
His Majesty the Emperor of the French, the Sieur Alexander Count Colonna Walewski, &c., and the Sieur Francis Adolphus Baron de Bourqueney, &c.;
His Majesty the King of Prussia, the Sieur Otho Theodore Baron de Manteuffel, &c., and the Sieur Maximilian Frederick Charles Francis, Count of Hatzfeldt Wildenburg-Schoenstein, &c.;
His Majesty the Emperor of all the Russias, the Sieur Alexis Count Orloff, &c., and the Sieur Philip Baron de Brunnow, &c.;
His Majesty the King of Sardinia, the Sieur Camille Benso, Count of Cavour, &c.; and the Sieur Salvator Marquis de Villamarina, &c.;
And His Majesty the Emperor of the Ottomans, Mouhammed Emin Aali Pasha, &c.; and Mehemmed Djemil Bey, &c.;
Who, after having exchanged their full powers, found in good and due form, have agreed upon the following Articles:—
Art. I. His Majesty the Sultan, on the one part, declares that he is firmly resolved to maintain for the future the principle invariably established as the ancient rule of his Empire, and in virtue of which it has, at all times, been prohibited for the ships of war[109] of foreign Powers to enter the Straits of the Dardanelles and of the Bosphorus; and that, so long as the Porte is at Peace, His Majesty will admit no foreign ship of war into the said Straits.
And Their Majesties the Queen of the United Kingdom of Great Britain and Ireland, the Emperor of Austria, the Emperor of the French, the King of Prussia, the Emperor of all the Russias, and the King of Sardinia, on the other part, engage to respect this determination of the Sultan, and to conform themselves to the principle above declared.
Art. II. The Sultan reserves to himself, as in past times, to deliver firmans of passage for light vessels under flag of war, which shall be employed, as is usual, in the service of the Missions of foreign Powers[110].
Art. III. The same exception applies to the light vessels under flag of war which each of the Contracting Powers is authorized to station at the mouths of the Danube in order to secure the execution of the regulations relative to the liberty of that river, and the number of which is not to exceed two for each Power.
Art. IV. The present Convention, annexed to the General Treaty signed at Paris this day, shall be ratified, and the ratifications shall be exchanged in the space of four weeks, or sooner if possible.
In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.
Done at Paris, the thirtieth day of the month of March, in the year one thousand eight hundred and fifty-six.
(The same signatures.)
1856, March 30th.
In the Name of Almighty God.
His Majesty the Emperor of all the Russias, and His Imperial Majesty the Sultan, taking into consideration the principle of the neutralization of the Black Sea established by the preliminaries contained in the Protocol No. I, signed at Paris on the twenty-fifth of February of the present year, and wishing, in consequence, to regulate by common agreement the number and the force of the light vessels which they have reserved to themselves to maintain in the Black Sea for the service of their coasts, have resolved to sign, with that view, a Special Convention, and have named for that purpose:—
His Majesty the Emperor of all the Russias, the Sieur Alexis Count Orloff, &c.; and the Sieur Philip Baron de Brunnow, &c.;
And His Majesty the Emperor of the Ottomans, Mouhammed Emin Aali Pasha, &c.; and Mehemmed Djemil Bey, &c.;
Who, after having exchanged their full powers, found in good and due form, have agreed upon the following Articles:—
Art. I. The High Contracting Parties mutually engage not to have in the Black Sea any other vessels of war than those of which the number, the force, and the dimensions are hereinafter stipulated.
Art. II. The High Contracting Parties reserve to themselves each to maintain in that sea six steam-vessels of fifty metres in length at the line of flotation, of a tonnage of eight hundred tons at the maximum, and four light steam or sailing-vessels of a tonnage which shall not exceed two hundred tons each.
Art. III. The present Convention annexed to the General Treaty, signed at Paris this day, shall be ratified, and the ratifications shall be exchanged in the space of four weeks, or sooner, if possible[112].
In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.
Done at Paris, the thirtieth day of the month of March, in the year one thousand eight hundred and fifty-six.
ORLOFF.
BRUNNOW.
AALI.
(This Convention, though still in force, is omitted as not affecting the Eastern question.)
No. II.
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, His Majesty the Emperor of Austria, and His Majesty the Emperor of the French, wishing to settle between themselves the combined action which any infraction of the stipulations of the Peace of Paris would involve on their part, have named for that purpose as their Plenipotentiaries, that is to say:—
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable George William Frederick Earl of Clarendon, &c., &c.; and the Right Honourable Henry Richard Charles Baron Cowley, &c., &c.;
His Majesty the Emperor of Austria, the Sieur Charles Ferdinand Count de Buol-Schauenstein, &c., &c.; and the Sieur Joseph Alexander Baron de Hübner, &c., &c.;
And His Majesty the Emperor of the French, the Sieur Alexander Count Colonna Walewski, &c., &c.; and the Sieur Francis Adolphus Baron de Bourqueney, &c., &c.;
Who, after having exchanged their full powers, found in good and due form, have agreed upon the following Articles:—Art. I. The High Contracting Parties guarantee, jointly and severally, the independence and the integrity of the Ottoman Empire, recorded in the Treaty concluded at Paris on the thirtieth of March, one thousand, eight hundred and fifty-six[114].
Art. II. Any infraction of the stipulations of the said Treaty will be considered by the Powers signing the present Treaty as a casus belli. They will come to an understanding with the Sublime Porte as to the measures which have become necessary, and will without delay determine among themselves as to the employment of their military and naval forces.
Art. III. The present Treaty shall be ratified, and the ratifications shall be exchanged in a fortnight, or sooner if possible[115].
In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.
Done at Paris, the fifteenth day of the month of April, in the year one thousand eight hundred and fifty six.
CLARENDON.
COWLEY.
BUOL-SCHAUENSTEIN.
HÜBNER.
A. WALEWSKL
BOURQUENEY.
No. III.
Their Majesties the Queen of the United Kingdom of Great Britain and Ireland, the Emperor of Austria, the peror of the French, the King of Prussia, the Emperor of all the Russias, the King of Sardinia, and the Emperor of the Ottomans, considering that the Boundary Commission charged with the execution of Article XX of the Treaty of Paris, of the 30th March, 1856, has terminated its labours, and desiring to act in conformity with the arrangements of the Protocol of the 6th of January last, by recording in a Treaty the modifications made by common consent in that Article, as well as the resolutions adopted with regard to the Isle of Serpents and the Delta of the Danube, and contained in the same Protocol, have named as their Plenipotentiaries for that purpose, that is
to say : —
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable Henry Richard Charles, Earl Cowley, &c.. Her Majesty's Ambassador Extraordinary and Plenipotentiary to His Majesty the Emperor of the French ;
His Majesty the Emperor of Austria, M. Joseph Alexander Baron de Hiibner, &c.. His Ambassador to His Majesty the Emperor of the French ;
His Majesty the Emperor of the French, M. Alexandre Count Colonna Walewski, &c.. His Minister and Secretary of State for Foreign Affairs ;
His Majesty the King of Prussia, M. Maximilian Frederick Charles Francis Count of Hatzfeldt Wildenburg-Schoenstein, &c., His Envoy Extraordinary and Minister Plenipotentiary to His Majesty the Emperor of the French ;
His Majesty the Emperor of all the Russias, the Count Paul Kisseleff, &c.. His Ambassador Extraordinary and Plenipotentiary to His Majesty the Emperor of the French ;
His Majesty the King of Sardinia, M. Salvator Marquis de Villamarina, &c.. His Envoy Extraordinary and Minister Plenipotentiary to His Majesty the Emperor of the French ;
And His Majesty the Emperor of the Ottomans, Mehemmed Djemil Bey, &c.. His Ambassador Extraordinary and Plenipotentiary to His Majesty the Emperor of the French ;
Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon the following Articles : — Art. I. The line of frontier of Bussia and of Turkey in Bessarabia is, and remains determined in conformity/ with, the topographic map prepared hy the Boundary Commissioners at Kichenew on the 30th of March, 1857 ; which map is annexed to the present Treaty, after having been initialled.
Art. II. The Contracting Powers agree that the islands included between the different branches of the Danube at its mouth, and forming the Delta of that river, as shown by the plan annexed to the Protocol of the 6th of January, 1857, shall, instead of being annexed to the Principality of Moldavia, as implied in the stipulations of Article XXI of the Treaty of Paris, be replaced under the immediate sovereignfy^ of the Sublime Porte, of which they formerly held[117].
Art. III. The Treaty of the 30th of March, 1856, having, like the Treaties previously concluded between Russia and Turkey, been silent with regard to the Isle of Serpents, and the High Contracting Parties having agreed that it teas proper to consider that island as a dependency of the Delta of the Danube, its destination is fixed according to the arrangements of the preceding Article.
Art. IV. In the general interest of maritime commerce, the Sublime Porte engages to maintain on the Isle of Serpents a lighthouse destined to afford security to the navigation of vessels proceeding to the Danube and to the port of Odessa. The Biverain Commission established by Article XVII of the Treaty of the 30th of March, 1856, for the purpose of maintaining the mouths of that river and the neighbouring parts of the sea in a navigable state, will see to the regular performance of the service of such lighthouse[118].
Art. V. The present Treaty shall be ratified, and the ratifications shall be exchanged in four iveeks, or sooner if possible[119].
In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms. Done at Paris, the nineteenth day of June, in the year of our Lord one thousand eight hundred and fifty-seven.
COWLEY.
HŪBNER.
A. WALEWSKI.
C. M. D'HATZFELDT.
CTE. DE KISSELEFF.
DE VILLAMARINA.
MEHEMMED DJEMIL.
No. IV.
1865, Nov. 2nd.
Public Act relative to the Navigation of the Mouths of the Danube, Signed at Galatz, November 2, 1865[120].
An European Commission having been instituted by Article XVI of the Treaty of Paris of 30th March, 1856, in order to put the part of the Danube lying below Isaktcha[121], its mouths, and the neighbouring part of the sea, in the best possible conditions of navigability :
Improvements effected. And the said Commission acting in virtue of this mandate, having succeeded, after nine years' work, in realizing important improvements in the system of navigation — notably, by the construction of two piers at the mouth of the Sulina branch, which have had the effect of admitting into its embouchure vessels of a large draught of water — by the execution of works of correction and cleansing in the course of the same branch — by raising wrecks, and establishing a system of buoys — by the erection of a lighthouse at the mouth of the St. George — by the institution of a regular lifeboat service, and by the creation of a seaman's hospital at Sulina — lastly, by the provisional regulation of the different services connected with the navigation between Isaktcha and the sea: The Powers who signed the said Treaty concluded at Paris on the 30th March, 1856, desiring to make known that, in thus accomplishing an essential part, of its task, the European Commission has acted in conformity with their intentions, and wishing- to determine by a public Act, the rights and obligations which the new state of things established on the Lower Danube has created for the different parties interested, and particularly for all the flags navigating the river, have named for their Plenipotentiaries : that is to say : —
[Here follow the names and titles of the plenipotentiaries.]
Who, after having shown their full powers, found in good and due form, have agreed upon the following provisions : —
Part I. Provisions relating to the Material Conditions of the Navigation.
The works placed under protection of International lawArt. I. All the works and establishments created in execution of Article XVI of the Treaty of Paris of 30th March, 1856, with all belonging to or depending from them, shall continue to be devoted exclusively to the use of the navigation of the Danube, and can never be turned aside from this object for any motive whatever ; to this end they are placed under the guarantee and protection of international law.
The European Commission of the Danube, or the authority which shall of right take its place, shall continue charged, to the exclusion of all interference whatever, to administer these works and establishments for the advantage of the navigation, to watch over their maintenance and preservation, and to give to them all the development that the requirements of the navigation may demand.
Art. II. There shall be specially reserved to the said European Commission, or to the authority that shall succeed it, the power to design and cause to be carried out all the works that may be deemed necessary, in the event of its being wished to render permanent the improvements, until now of a temporary character, in the branch and at the mouth of the Sulina, and to prolong the piers at this mouth according as the state of the Bar Channel may require it.
Art. III. There will remain reserved to the said European Commission to undertake the improvement of the mouth and branch of the St. George, resolved on by common agreement, and simply postponed for the present. Art. IV. The Sublime Porte engages for the future^ as hitherto, to lend to the European Commissio?i, or to the authority which shall succeed it, all the assistance and all the co-operation which either may require in the execution of engineering works, and, generalli/, in all that concerns the accomplishment of its task. It will take care that the banks of the Danube from Isaktcha to the sea remain free from all buildings, private rights of way, and other obstacles whatsoever, and it will continue, under reserve of the annual rent to which landed property is subject in Turkey, to leave at the disposal of the Commission, in the port of Sulina, the left bank of the river for a distance of 760 metres up stream, measured from the root of the north pier, and for a width of 150 mètres, measured from the bank.
It consents, moreover, to grant a fitting site on the right bank of the river for the buildings which the Commission, or the authority that shall succeed it, may think fit to erect for the service of the port of Sulina, for the seaman's hospital, and for the other requirements of the administration.
Art. V. In the event of the Commission making use of the reserve mentioned in Article III concerning the improvement of the mouth and branch of St. George, the Sublime Porte consents that the said Commission may dispose (as soon as there shall be need of them) of the ground and sites belonging to the State Bomain, which shall have been previously designed and determined upon as 7iecessary, both for the construction of works and for the formation of the establishments which will have to be created in consequence of, or as a complement to, this improvement[122].
Art. VI. It is understood that on neither bank of the river, either in the port of Sulina or St. George, shall there be constructed, either by the territorial authorities, by commercial or navigation companies, or by private individuals, any landing jetties, quays, or other establishments of the same nature of which the plans have not been communicated to the European Commission and recognised as being in conformity with the general plan of the quays, and as tending in nowise to compromise the effect of the works of improvement.
Part II. Provisions relating to the Administrative Control of the Navigation.
§ 1. Cf Regulations in General.
RegulationArt. VII. The navigation of the mouths of the Danube is governed by the 'Regulation of Navigation and Police,' enacted by the European Commission under date of this day, and which, annexed under letter A to the present Act[123], is to have the same force and value as if it formed part of it. It is understood that this regulation is binding as law, not only in what concerns the river police, but also for the judgment of cases of civil procedure arising from the exercise of the navigation.
The Inspector General.Art. VIII. The exercise of the navigation of the Lower Danube is placed under the authority and the superintendence of the Inspector-General of the Lower Danube, and of the The Captain of port of Sulina.Captain of the port of Sulina.
These two Agents named by the Sublime Porte[124], shall conform all their Acts to the regulation, the application of which is confided to them, and to the strict observance of which they shall be sworn. The sentences emanating from their authority shall be pronounced in the name of His Majesty the Sultan.
In case the European Commission or the permanent Riverain Commission shall establish that a delinquency or offence has been committed by one or other of the said Agents against the regulation of navigation and police, it will request his dismissal from the Sublime Porte. If the Sublime Porte thinks it necessary to 'proceed to a fresh inquiry into the facts already established by the Commission, the latter will have the right to attend it by the medium of a delegate, and when the culpability of the accused shall have been duly proved, the Sublime Porte will provide without delay for his being replaced.
Except in the case provided for by the preceding paragraph, the Inspector-General and the Captain of the Port of Sulina can only be removed from their respective posts at their own request, or in consequence of an agreement between the Sublime Porte and the European Commission.
These Agents will thus both act under the superintendence of the European Commission.
The Inspector-General, the Captain of the Ports of Sulina and Toultcha, and the Superintendents (subordinate to the Inspector-General), shall be paid by the Ottoman Government.
They shall be chosen from among competent persons.
Art. IX. In virtue of the principles of the Act of the Congress of Vienna, confirmed by Article XV of the Treaty of Paris, the authority of the Inspector-General and of the Captain of the Port of Sulina is exercised towards all flags without distinction.
The Inspector-General is specially set over the police of the river below Isaktcha, exclusive of the Port of Sulina; he is assisted by superintendents distributed over the different sections of the river within his jurisdiction.
The Captain of the Port of Sulina is charged with the police of the port and outer roadstead of Sulina.
A special instruction, determined by common agreement, regulates in its details the action of the Inspector-General and that of the Captain of the Port of Sulina.
Art. X. Merchant captains, to whatever nationality they belong, are bound to obey the orders given to them, in virtue of the regulation of navigation and police, by the Inspector-General and by the Captain of the Port of Sulina.
The naval forces. Art. XI. The carrying out of the regulation of navigation and police, as well as the application of the Tariff, of which mention will be made in the 13th and following Articles of the present Act, is moreover insured by the action of the vessels of war stationed at the mouths of the Danube, in conformity with Article XIX of the Treaty of Paris.
Each naval force on the station acts upon the vessel of its own nationality, and upon those whose flag it is called upon to protect, whether by virtue of Treaties or usage, or in consequence of a general or special delegation.
In default of a vessel of war qualified to interfere, the International authorities of the river can have recourse to the vessel of war of the territorial Power.
Art. XII. It is understood that the Regulation of Navigation and Police, joined to the present Act, will continue to be law until such time as the Regulations mentioned in Article XVII of the Treaty of Paris shall have been determined by common agreement and put in force[125]. The same thing is understood of the provisions of the foregoing Articles VIII, IX, and X, in so far as the powers of the Inspector-General are concerned.
§2. Of the Tariff of Navigation Dues.
Tariff. Art. XIII. Article XVI of the Treaty of Paris having conferred on the European Commission the right of imposing on the navigation a toll of a rate suited to cover the expenses of the works and establishments above mentioned, and the Commission having made use of this right by enacting the Tariff of the 25th July, 1860, revised the 7th March, 1863, the proceeds of which have furnished it with resources necessary for the completion of the Sulina Works, it is expressly agreed upon by the present Act that the above-mentioned Tariff, whose provisions have just been completed, shall continue to be binding for the future.
To this end the Tariff in question has been joined to the present Act, under Letter B[126], to have the same force and value as if it formed an integral part of it.
Art. XIV. The proceeds of the tax shall be appropriated:—
1st. By priority and preference to the repayment of the loans contracted by the European Commission, and of those which it may hereafter contract for completing the works for the improvement of the mouth of the Danube.
2ndly. To covering the expenses of administration and maintenance of the works and establishments.
3rdly. To the liquidation of the advances made to the Commission by the Sublime Porte. This liquidation will be effected in conformity with a special arrangement concluded for this purpose between the European Commission and the Delegate of His Imperial Majesty the Sultan, under this day's date.
The surplus of these proceeds, if there is any, shall be held in reserve to meet the expenses that may be incurred by the prolongation of the Sulina Piers, or by the carrying out of such other works as the European Commission, or the authority which shall succeed it, shall subsequently judge useful.
It is expressly understood, moreover, that no part of the proceeds of the tolls levied on sea-going vessels, or of the loans realized by means of the appropriation of these tolls, can be employed to cover the expenses of works or of administration connected with a section of the river above Isaktcha.
Art. XV. At the expiration of every term of five years, and with a view to diminish, if possible, the burdens imposed upon the navigation, Delegates from the Powers that have enacted the above-mentioned Tariff shall proceed to a revision of its provisions, and the amount of the toll shall be reduced as much as possible, always, however, maintaining the mean revenue judged necessary.
Art. XVI. The method of collecting the tolls, and the administration of the Navigation Cash Office of Sulina, shall continue to be governed by the Regulations at present in force. The responsible Agent, charged with the collection, shall be appointed by majority of votes by the European Commission, or by the authority which shall succeed it, and shall act under its immediate orders.
The general control of the transactions of the Cash Office shall he exercised by an Agent whose appointment shall belong to the Ottoman Government[127].
A detailed balance-sheet of the transactions of the Navigation Cash Office shall be published every year in the official journals of the different Powers interested, as well as a statement, making known the distribution and appropriation of the proceeds of the Tariff. Lighthouses.Art. XVII. The general administration of the light-houses of the Ottoman Empire having undertaken to provide for the expenses of superintendence, maintenance, and lighting of the lighthouses of the mouths of the Danube, that portion of the whole amount of tax levied, representing the light dues, shall he paid into the hands of the said Administration ; but it is understood that these dues can have no other object, in what concerns the existing lighthouses, and those that it may here-after be judged useful to establish, than to cover their real expenses[128].
§ 3. On Quarantine.
QuarantineArt. XVIII. The sanitary measures applicable to the mouths of the Danube shall continue to be regulated by the Superior Board of Health, instituted at Constantinople, and in which the various foreign missions accredited to the Sublime Porte are represented by Delegates[129]. These measures shall be framed so as to conciliate in a just degree security for the public health with the requirements of maritime commerce, and they shall be based, as far as possible, on the principles laid down in Articles XIX and XX hereinafter.
Art. XIX. Vessels descending the Danube shall be free from all sanitary control ; it shall be the same for vessels entering the river from the sea as long as there shall be no contagious pestilence prevailing in the East. These vessels shall be simply bound to produce their bill of health to the authorities of the port where they shall anchor.
Art. XX. If a contagious pestilence happens to break out in the East, and if it is judged necessary to put in force sanitary measures on the Lower Danube, quarantine may be reestablished at Sulina. Vessels entering from the sea shall be bound in this case to perform quarantine at Sulina, and if the pestilence has not invaded the Provinces of Turkey in Europe, they can be subject to no other sanitary control in ascending the river.
But if, on the contrary, the pestilence invades one or many of the Riverain Provinces of the Danube, quarantine establishmerits shall be instituted wherever there shall be need, on the part of the river which traverses the territory of Turkey.
Part III. Neutrality.
NeutalityArt. XXI. The works and establishments of all kinds created by the European Commission of the Danube, or by the authority which shall succeed it, in execution of Article XVI of the Treaty of Paris, particularly the Navigation Cash Office at Sulina, and those which it may hereafter create, shall enjoy the neutrality stipulated by Article XI of the said Treaty, and shall be, in case of war, equally respected by all the belligerents.
The benefit of this neutrality shall be extended, with the obligations which spring from it, to the general inspection of the navigation, to the administration of the port of Sulina, to the staff of the Navigation Cash Office and Seaman's Hospital, and, lastly, to the technical staff charged with the superintendence of the works[130].
Art. XXII. This present Act shall he ratified. Each of the High Contracting Parties will ratify in a single copy; and the ratifications shall be deposited within the space of two months^ or sooner if possible, in the Chancellery of the Imperial Divan at Constantinople.
In faith of which the respective Plenipotentiaries have signed it, and set to it the seal of their arms.
Done at Galatz, the second day of the month of November, of the year one thousand eight hundred and sixty-five.
J. STOKES.
A. DE KREMER.
ED. ENGELHARDT.
STRAMBIO.
SAINT PIERKE.
OFFENBERG.
AHMET RASSIM.
No. V.
In the Name of Almighty God.
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, His Majesty the Emperor of Germany, King of Prussia, His Majesty the Emperor of Austria, King of Bohemia, &c., and Apostolic King of Hungary, The Chief of the Executive Power of the French Republic, His Majesty the King of Italy, His Majesty the Emperor of all the Russias, and His Majesty the Emperor of the Ottomans, have judged it necessary to assemble their Representatives in Conference at London, in order to come to an understanding, in a spirit of concord, with regard to the revision of the stipulations of the Treaty concluded at Paris on the 30th March, 1856, relative to the navigation of the Black Sea, as well as to that of the Danube; being desirous, at the same time, to insure in those regions new facilities for the development of the commercial activity of all nations, the High Contracting Parties have resolved to conclude a Treaty, and have for that purpose named as their Plenipotentiaries, that is to say:—
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable Granville George Earl Granville, &c., Her Majesty's Principal Secretary of State for Foreign Affairs;
His Majesty the Emperor of Germany, King of Prussia, the Sieur Albert, Count of Bernstorff-Stintenburg, &c., Ambassador Extraordinary and Plenipotentiary of His Imperial and Royal Majesty to Her Britannic Majesty, &c.;
His Majesty the Emperor of Austria, King of Bohemia, &c., and Apostolic King of Hungary, the Sieur Rudolph Count Apponyi, &c., His Ambassador Extraordinary to Her Britannic Majesty, &c.;
The Chief of the Executive Power of the French Republic, the Sieur James Victor Albert Duc de Broglie, &c., Ambassador Extraordinary and Plenipotentiary of the Republic to Her Britannic Majesty, &c.;
His Majesty the King of Italy, the Chevalier Charles Cadorna, &c., His Envoy Extraordinary and Minister Plenipotentiary to Her Britannic Majesty, &c.;
His Majesty the Emperor of all the Russias, the Sieur Philip Baron de Brunnow, &c., His Ambassador Extraordinary and Plenipotentiary to Her Britannic Majesty, &c.;
And His Majesty the Emperor of the Ottomans, Constanine Musurus Pasha, &c., His Ambassador Extraordinary and Plenipotentiary to Her Britannic Majesty, &c.;
Who, after having exchanged their full powers, found in good and due form, have agreed upon the following Articles:—
The Black Sea and Straits (Arts. 1−3).
Arts. 11, 13, 14, and annexed Convention, of Treaty of Paris abrogated. Art. I. Articles XI, XIII, and XIV of the Treaty of Paris of March 30, 1856, as well as the special Convention concluded between Russia and the Sublime Porte, and annexed to the said Article XIV, are abrogated, and replaced by the following Article.
The Straits. Art. II. The principle of the closing of the Straits of the Dardanelles and the Bosphorus, such as it has been established by the separate Convention of March 30, 1856[132] is maintained, with power to His Imperial Majesty the Sultan to open the said Straits in time of peace to the vessels of war of friendly and allied Powers, in case the Sublime Porte should judge it necessary in order to secure the execution of the stipulations of the Treaty of Paris of March 30, 1856.
The Black Sea. Art. III. The Black Sea remains open, as heretofore, to the mercantile marine of all nations[133].
The Danube (Arts. 4−7).
The European Commission. Art. IV. The Commission established by Article XVI of the Treaty of Paris, in which the Powers who joined in signing the Treaty are each represented by a delegate, and which was charged with the designation and execution of the works necessary below Isaktcha[134], to clear the mouths of the Danube, as well as the neighbouring parts of the Black Sea, from the sands and other impediments which obstruct them, in order to put that part of the river and the said parts of the sea in the best state for navigation, is maintained m its present composition[135]. The duration of that Commission is fixed for a further period of twelve years, counting from April 24, 1871, that is to say, till April 24, 1883[136], being the term of the redemption of the loan contracted by that Commission, under the guarantee of Great Britain, Germany, Austria-Hungary, France, Italy, and Turkey[137].
The Riverain Commission. Art. V. The conditions of the re-assembling of the Riverain Commission, established by Article XVII of the Treaty of Paris of March 30, 1856, shall he fixed by a previous understanding between the Riverain Powers, without prejudice to the clause relative to the three Danubian Principalities; and in so far as any modification of Article XVII of the said Treaty may be involved, this latter shall form the subject of a special Convention between the co-signatory Powers[138].
A tax for removal of Cataracts. Art. VI. As the Powers which possess the shores of that part of the Danube where the Cataracts and the Iron Gates offer impediments to navigation reserve to themselves to come to an understanding with the view of removing those impediments, the High Contracting Parties recognize from the present moment their right to levy a provisional tax on vessels of commerce of every flag which may henceforth benefit thereby, until the extinction of the debt contracted for the execution of the works; and they declare Article XV of the Treaty of Paris of 1856 to be inapplicable to that part of the river for a space of time necessary for the repayment of the debt in question[139].
The establishments of the European Commission to countries neutralized. Art. VII. All the works and establishments of every kind created by the European Commission in execution of the Treaty of Paris of 1856, or of the present Treaty, shall continue to enjoy the same neutrality which has hitherto protected them[140], and which shall be equally respected for the future, under all circumstances, by the High Contracting Parties, The benefits of the immunities which result therefrom shall extend to the whole administrative and engineering staff of the Commission. It is, however, well understood that the provisions of this Article shall in no way affect the right of the Sublime Porte to send, as heretofore, its vessels of war into the Danube in its character of territorial Power[141].
Confirmations and Ratifications (Arts. 8−9).
Confirmation of the Treaty of Paris. Art. VIII. The High Contracting Parties renew and confirm all the stipulations of the Treaty of March 30, 1856, as well as of its annexes, which are not annulled or modified by the present Treaty[142]
Ratifications.Art. IX. The present Treaty shall be ratified, and the ratifications shall be exchanged at London in the term of six weeks, or sooner if possible[143].
In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.
Done at London, the thirteenth day of the month of March, in the year one thousand eight hundred and seventy-one.
| GRANVILLE. | BROGLIE. | BRUNNOW. |
| BERNSTORFF. | CADORNA. | MUSURUS. |
| APPONYI. |
1871, May 15th. Convention between Russia and Turkey, signed at London, March 13, 1871. Communicated to the Conference, on the Exchange of the Ratifications, May 15, 1871.
In the Name of Almighty God.
His Majesty the Emperor of all the Russias and His Imperial Majesty the Sultan, being mutually animated with the desire to consolidate the relations of peace and good understanding happily existing between their Empires, have resolved to conclude for this purpose a Convention, and have named to that effect as their Plenipotentiaries, that is to say:
His Majesty the Emperor of all the Russias, the Sieur Philip Baron de Brunnow, &c.;
And His Imperial Majesty the Sultan, Constantine Musurus Pasha, &c.;
Who, after having exchanged their full powers, found in good and due form, have agreed upon the following Articles:—
Abrogation of Convention of 1856. Art. I. The Special Convention concluded at Paris between His Majesty the Emperor of all the Russias and His Imperial Majesty the Sultan, on the of March, in the year one thousand eight hundred and fifty-six, relative to the number and force of the vessels of war of the two High Contracting Parties in the Black Sea, is and remains abrogated.
Art. II. The present Convention shall he ratified, and the ratifications shall be exchanged at London in the space of six weeks, or sooner if possible.
In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.
Done at London, the day of the month of March, in the year one thousand eight hundred and seventy-one.
BRUNNOW.
No. VI.
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, His Majesty the Emperor of Germany, King of Prussia, His Majesty the Emperor
of Austria, King of Bohemia, &c., and King Apostolic of Hungary, the President of the French Republic, His Majesty the King of Italy, His Majesty the Emperor of all the Russias, and His Majesty the Emperor of the Ottomans, being desirous to regulate, with a view to European order, conformably to the stipulations of the Treaty of Paris of 30th March, 1856[145], the questions raised in the East by the events of late years and by the war terminated by the preliminary Treaty of San Stefano, have been unanimously of opinion that the meeting of a Congress would offer the best means of facilitating an understanding.
Their said Majesties and the President of the French Republic have, in consequence, appointed as their Plenipotentiaries, that is to say:
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, the Right Honourable Benjamin Disraeli, Earl of Beaconsfield, &c., First Lord of Her Majesty's Treasury, and Prime Minister of England; the Most Honourable Robert Arthur Talbot Gascoyne Cecil, Marquis of Salisbury, &c., Her Majesty's Principal Secretary of State for Foreign Affairs; and the Right Honourable Lord Odo William Leopold Russell, &c., Ambassador Extraordinary and Plenipotentiary at the Court of His Majesty the Emperor of Germany, King of Prussia;
His Majesty the Emperor of Germany, King of Prussia, Otho, Prince Bismarck, His President of the Council of Ministers of Prussia, Chancellor of the Empire; Bernard Ernest de Bülow, His Minister of State and Secretary of State for Foreign Affairs; and Chlodwig Charles Victor, Prince of Hohenlohe-Schillingsfüst, &c., His Ambassador Extraordinary and Plenipotentiary to the French Republic, &c.
His Majesty the Emperor of Austria, King of Bohemia, &c., and King Apostolic of Hungary, Jules, Count Andrassy, &c.; His Minister of the Imperial Household and for Foreign Affairs, &c.; Louis Count Károlyi of Nagi-Károlyi, &c., His Ambassador Extraordinary and Plenipotentiary at the Court of His Majesty the Emperor of Germany, King of Prussia; and Henri, Baron de Haymerle, &c., His Ambassador Extraordinary and Plenipotentiary at the Court of His Majesty the King of Italy;
The President of the French Republic, William Henri Waddington, &c., Minister Secretary of State for Foreign Affairs; Charles Raymond de la Croix de Chevrière, Count de Saint-Vallier, &c., Ambassador Extraordinary and Plenipotentiary from France at the Court of His Majesty the Emperor of Germany, King of Prussia; and Félix Hippolyte Desprez, &c., charged with the direction of Political Affairs at the Department for Foreign Affairs;
His Majesty the King of Italy, Louis, Count Corti, &c., His Minister for Foreign Affairs; and Edward, Count de Launay, His Ambassador Extraordinary and Plenipotentiary at the Court of His Majesty the Emperor of Germany, King of Prussia;
His Majesty the Emperor of all the Russias, Alexander, Prince Gortchakow, His Chancellor of the Empire; Peter, Count de Schouvaloff, &c., His Ambassador Extraordinary and Plenipotentiary at the Court of Her Britannic Majesty; and Paul d'Oubril, &c., His Ambassador Extraordinary and Plenipotentiary at the Court of His Majesty the Emperor of Germany, King of Prussia;
And His Majesty the Emperor of the Ottomans, Alexander Carathéodory Pasha, His Minister of Public Works; Mehemed Ali Pasha, Mushir of His Armies; and Sadoullah Bey, His Ambassador Extraordinary and Plenipotentiary at the Court of His Majesty the Emperor of Germany, King of Prussia;
Who, in accordance with the proposal of the Court of Austria-Hungary, and on the invitation of the Court of Germany, have met at Berlin furnished with full powers, which have been found in good and due form.
An understanding having been happily established between them, they have agreed to the following stipulations:-—
Bulgaria, 1−12[146].
Autonomy. Art. I. Bulgaria is constituted an autonomous and tributary Principality under the suzerainty of His Imperial Majesty the Sultan[147]; it will have a Christian Government and a national militia.
Delimitation. Art. II. The Principality of Bulgaria will include the following territories:-—
The frontier follows on the north the right bank of the Danube from the former frontier of Servia up to a point to be determined by a European Commission[148] to the east of Silistria[149], and thence runs to the Black Sea to the south of Mangalia, which is included in Roumanian territory. The Black Sea forms the eastern boundary of Bulgaria. On the south the frontier follows upwards from its mouth the mid-channel of the brook near which are situated the villages of Hodzakiöj, Selam-Kiöj, Aivadsik, Kulibe, Sudzuluk; crosses obliquely the valley of the Deli-Kamcik, passes south of Belibe and Kemhalik and north of Hadzimahale after having crossed the Deli-Kamcik at 2½ kilom. above Cengei; reaches the crest at a point situated between Tekenlik and Aidos-Bredza, and follows it by Karnabad Balkan, Prisevica Balkan, Kazan Balkan to the north of Kotel as far as Demir Kapu. It proceeds by the principal chain of the Great Balkan, the whole length of which it follows up to the summit of Kosica.
There it leaves the crest of the Balkan, descends southwards between the villages of Pirtop and Duzanci, the one being left to Bulgaria and the other to Eastern Roumelia, as far as the brook of Tuzlu Dere, follows that stream to its junction with the Topolnica, then the latter river until it meets the Smovskio Dere near the village of Petricevo, leaving to Eastern Roumelia a zone with a radius of 2 kilom. above that junction, ascends between the brooks of Smovskio Dere and the Kamenica, following the line of the watershed so as to turn to the south-west at the level of Voinjak and reach directly the point 875 of the Austrian Staff map.
The frontier line cuts at right angles the upper basin of the brook of Ichtiman Dere, passes between Bogdina and Karaúla, so as to rejoin the line of the watershed separating the basins of the Isker and the Marica, between Camurli and Hadzilar, follows that line by the summits of Velina Mogila, the 'col' 531, Zmailica Vrh, Sumnatica, and rejoins the administrative boundary of the Sandjak of Sofia between Sivri Tas and Cadir Tepe.
From Cadir Tepe, the frontier, taking a south-westerly direction, follows the watershed between the basins of the Mesta Karasu on the one side and the Struma Karasu on the other, runs along the crests of the mountains of Rhodope called Demir Kapu, Iskoftepe, Kadimesar Balkan, and Aiji Gedük up to Kapetnik Balkan, and thus joins the former administrative frontier of the Sandjak of Sofia.
From Kapetnik Balkan the frontier is indicated by the watershed between the valleys of the Rilska reka and of the Bistrica reka, and follows the ridge called Vodenica Planina, descending into the valley of the Struma at the junction of this river with the Rilska reka, leaving the village of Barakli to Turkey. It ascends then south of the village of Jelesnica, and reaches by the shortest line the chain of Golema Planina at the summit of Gitka, and rejoins there the former administrative frontier of the Sandjak of Sofia, leaving, however, to Turkey the whole of the basin of the Suha reka.
From Mount Gitka the western frontier goes towards Mount Crni Vrh by the mountains of Karvena Jabuka, following the former administrative limit of the Sandjak of Sofia in the upper part of the basins of Egrisu and of the Lepnica, ascends with it the crests of Babina Polana, and reaches Mount Crni Vrh.
From Mount Crni Vrh the frontier follows the watershed between the Struma and the Morava by the summits of the Streser, Vilogolo, and Mesid Planina, rejoins by the Gacina, Crna Trava, Darkovska, and Drainica Plan, then the Descani Kladanec, the watershed of the High Sukowa and of the Morava, goes straight to the Stol, and descends from it so as to cut the road from Sofia to Pirot, 1,000 metres north-west of the village of Segusa. It ascends in a straight line the Vidlic Planina and thence Mount Radocina in the chain of the Kodza Balkan, leaving to Servia the village of Doikinci, and to Bulgaria that of Senakos.
From the summit of Mount Radocina the frontier follows towards the west the crest of the Balkans by Ciprovec Balkan and Stara Planina up to the former eastern frontier of the Principality of Servia, near to the Kula Smiljova Cuka, and thence that former frontier as far as the Danube, which it rejoins at Rakovitza.
This delimitation shall he fixed on the spot by the European Commission, on which the Signatory Powers shall be represented[150]. It is understood--
1. That this Commission will take into consideration the necessity for His Imperial Majesty the Sultan to be able to defend the Balkan frontiers of Eastern Roumelia.
2. That no fortifications may be erected within a radius of 10 kilom. from Samakow.
Constitution Art. III. The Prince of Bulgaria shall be freely elected by the population[151] and confirmed by the Sublime Porte[152], with the assent of the Powers. No member of the Reigning Dynasties of the Great European Powers may be elected Prince of Bulgaria.
In case of a vacancy in the princely dignity, the election of the new Prince shall take place under the same conditions and with the same forms.
Art. IV. An Assembly of Notables of Bulgaria[153], convoked at Tirnovo[154], shall, before the election of the Prince, draw up the Organic Law of the Principality[155].In the districts where Bulgarians are intermixed with Turkish, Roumanian, Greek, or other populations, the rights and interests of these populations shall be taken into consideration as regards the elections and the drawing up of the Organic Law.
Art. V. The following points shall form the basis of the public law of Bulgaria:-—
The difference of religious creeds and confessions shall not be alleged against any person as a ground for exclusion or incapacity in matters relating to the enjoyment of civil and political rights, admission to public employments, functions, and honours, or the exercise of the various professions and industries in any locality whatsoever.
The freedom and outward exercise of all forms of worship are assured to all persons belonging to Bulgaria, as well as to foreigners, and no hindrance shall be offered either to the hierarchical organization of the different communions, or to their relations with their spiritual chiefs.
Provisional administration. Art. VI. The provisional administration of Bulgaria shall be under the direction of an Imperial Russian Commissary until the completion of the Organic Law[156]. An Imperial Turkish Commissary, as well as the Consuls delegated ad hoc by the other Powers[157], signatory of the present Treaty, shall he called to assist him so as to control the working of this provisional régime. In case of disagreement amongst the Consular Delegates, the vote of the majority shall he accepted, and in case of a divergence between the majority and the Imperial Russian Commissary or the Imperial Turkish Commissary, the Representatives of the Signatory Bowers at Constantinople, assembled in Conference, shall give their decision.
Art. VII. The provisional régime shall not be prolonged beyond a period of nine months from the exchange of the ratifications of the present Treaty[158].
When the Organic Law is completed the election of the Prince of Bulgaria shall be proceeded with immediately. As soon as the Prince shall have been installed, the new organization shall be put into force, and the Principality shall enter into the full enjoyment of its autonomy.
Treaties and Foreigners. Art. VIII. The Treaties of Commerce and of Navigation as Foreigners, well as all the Conventions and arrangements concluded between Foreign Powers and the Porte, and now in force, are maintained in the Principality of Bulgaria, and no change shall be made in them with regard to any Power without its previous consent.
No transit duties shall be levied in Bulgaria on goods passing through that Principality.
The subjects and citizens and commerce of all the Powers shall be treated in the Principality on a footing of strict equality.
The immunities and privileges of foreigners, as well as the rights of Consular jurisdiction and protection as established by the Capitulations and usages, shall remain in full force so long as they shall not have been modified with the consent of the parties concerned[159].
Tribute and Debt. Art IX. The amount of the annual tribute which the Principality of Bulgaria shall pay to the Suzerain Court—such amount being paid into whatever bank the Porte may hereafter designate—shall be fixed by an agreement between the Powers Signatory of the present Treaty at the close of the first year of the working of the new organization. This tribute shall be calculated on the mean revenue of the territory of the Principality.
As Bulgaria is to bear a portion of the public debt of the Empire, when the Powers fix the tribute they shall take into consideration what portion of that debt can, on the basis of a fair proportion, be assigned to the Principality[160].
Railways.Art. X. Bulgaria takes the place of the Imperial Ottoman Government in its undertakings and obligations towards the Rustchuk-Varna Railway Company, dating from the exchange of the ratifications of the present Treaty. The settlement of the previous accounts is reserved for an understanding between
the Sublime Porte, the Government of the Principality, and the administration of this Company[161]
The Principality of Bulgaria likewise, so far as it is concerned, takes the place of the Sublime Porte in the engagements which the latter has contracted, as well towards Austria-Hungary as towards the Company, for working the railways of European Turkey in respect to the completion and connection, as well as the working of the railways situated in its territory.
The Conventions necessary for the settlement of these questions shall be concluded between Austria-Hungary, the Porte, Servia, and the Principality of Bulgaria immediately after the conclusion of peace[162].
Evacuation, Fortresses, War-material. Art. XI. The Ottoman army shall no longer remain in Bulgaria; old fortresses shall be razed at the expense
of the Principality within one year, or sooner if possible; the local Government shall immediately take steps for their demolition[163], and shall not construct fresh ones.
The Sublime Porte shall have the right of disposing as it likes of the war-material and other effects belonging to the Ottoman Government which may have remained in the fortresses of the Danube already evacuated in virtue of the Armistice of the 31st January, as well as of those in the strongholds of Shumla and Varna.
Real property held by Mussulmans. Art. XII. Mussulman proprietors or others who may take up their abode outside the Principality may continue to hold there their real property, by farming it out, or having it administered by third parties[164]
Vakoufs. A Turco-Bulgarian Commission shall be appointed to settle, within a period of two years, all questions relative to the mode of alienation, working, or use on the account of the Sublime Porte, of property belonging to the State and religious foundations (vakoufs), as well as of the questions regarding the interests of private persons engaged therein.
Bulgarians. Persons belonging to the Principality of Bulgaria, who shall travel or dwell in the other parts of the Ottoman Empire, shall be subject to the Ottoman authorities and laws.
Eastern Roumelia, 13−22[165].
Administrative autonomy. Art. XIII. A province is formed south of the Balkans which will take the name of 'Eastern Roumelia', and will remain under the direct political and military authority of His Imperial Majesty the Sultan, under conditions of administrative autonomy[166]. It shall have a Christian Governor General.
Delimitation. Art. XIV. Eastern Roumelia is bounded on the north and north-west by Bulgaria, and comprises the territories included by the following line:—
Starting from the Black Sea the frontier follows upwards from its mouth the mid-channel of the brook near which are situated the villages of Hodzakiöj, Selam-Kiöj, Aivadsik, Kulibe, Sudzuluk, crosses obliquely the Valley of the Deli-Kamcik, passes south of Belibe and Kemhalik, and north of Hadzimahale, after having crossed the Deli-Kamcik at 2½ kilom. above Cengei; reaches the crest at a point situated between Tekenlik and Aidos-Bredza, and follows it by Karnabad Balkan, Prisevica Balkan, Kazan Balkan to the north of Kotel as far as Demir Kapu. It proceeds by the principal chain of the Great Balkan, the whole length of which it follows up to the summit of Kosica.
At this point the western frontier of Roumelia leaves the crest of the Balkan, descends southwards between the villages of Pirtop and Duzanci, the one being left to Bulgaria and the other to Eastern Roumelia, as far as the brook of Tuzlu Dere, follows that stream to its junction with the Topolnica, then the latter river until it meets the Smovskio Dere near the village of Petricevo, leaving to Eastern Roumelia a zone with a radius of 2 kilom. above that junction, ascends between the brooks of Smovskio Dere and the Kamenica, following the line of the watershed so as to turn to the south-west at the level of Voinjak and reach directly the point 875 of the Austrian Staff map.
The frontier line cuts at right angles the upper basin of the brook of Ichtiman Dere, passes between Bogdina and Karaúla, so as to rejoin the line of the watershed separating the basins of the Isker and the Marica, between Camurli and Hadzilar, follows that line by the summits of Velina Mogila, the 'col' 531, Zmailica Vrh, Sumnatica, and rejoins the administrative boundary of the Sandjak of Sofia between Sivri Tas and Cadir Tepe.
The frontier of Roumelia leaves that of Bulgaria at Mount Cadir Tepe, following the line of the watershed between the basins of the Marica and of its affluents on one side, and of the Mesta Karasu and of its affluents on the other, and takes the direction south-east and then south along the crest of the Despoto Dagh Mountains, towards Mount Kruschowa (whence starts the frontier line of the Treaty of San Stefano).
From Mount Kruschowa the frontier is the same as the line laid down by the Treaty of San Stefano, that is to say, the chain of the Black Balkans (Kara Balkan), the mountains Kulaghy-Dagh, Eschek-Tschepellü, Karakolas, and Ischiklar, from whence it descends due south-east till it reaches the River Arda, and follows the mid-channel of this river up to a point close to the village of Adacali, which remains to Turkey.
From this point the frontier line ascends the crest of the Bestepe-Dagh, which it follows, then descends and crosses the Maritza, at a point situated 5 kilom. above the bridge of Mustafa Pasha: thence it takes a northerly direction by the line of the watershed between Demirhanli Dere and the small affluents of the Maritza to Küdeler Baïr, whence it runs east to Sakar Baïr; from this point it crosses the valley of the Tundza in the direction of Büjük Derbend, which is left to the north, as also is Soudzak. From Büjük Derbend it regains the line of the watershed between the affluents of the Tunzda on the north and those of the Maritza on the south, up to the level of Kaibílar, which is included in Eastern Roumelia, and passes to the south of V. Almali between the basin of the Maritza to the south and the various streams which flow straight into the Black Sea, between the villages of Belevrin and Alatli; it follows to the north of Karanlik the crests of Vosna and Zuvak, the line which separates the waters of the Duka and those of the Karagac-Su, and rejoins the Black Sea between those two rivers[167]
Turkish fortifications. Art. XV. His Majesty the Sultan shall have the right of Turkish providing for the defence of the land and sea frontiers of the province by erecting fortifications on those frontiers, and maintaining troops there[168].
Militia,Internal order is maintained in Eastern Roumelia by a native gendarmerie assisted by a local militia.
In forming these corps, the officers of which are nominated by the Sultan, regard shall be paid in the different localities to the religion of the inhabitants.
His Imperial Majesty the Sultan undertakes not to employ irregular troops, such as Bashi-Bazouks and Circassians, in the garrisons of the frontiers. The regular troops detailed for this service must not in any case be billetted on the inhabitants. When they pass through the province they shall not make a stay there.
Turkish troops. Art. XVI. The Governor-General shall have the right of summoning the Ottoman troops in the event of the internal or external security of the province being threatened. In such an eventuality the Sublime Porte shall inform the Representatives of the Powers at Constantinople of such a decision, as well as of the exigencies which justify it.
Governor-Gerneral. Art. XVII. The Governor-General of Eastern Roumelia shall be nominated by the Sublime Porte, with the assent of the Powers, for a term of five years[169].
Constitution. Art. XVIII. Immediately after the exchange of the ratifications of the present Treaty, a European Commission shall be formed to arrange, in concert with the Ottoman Porte, the organization of Eastern Roumelia[170]. This Commission will have to determine, within three months[171], the powers and functions of the Governor-General, as well as the administrative, judicial, and financial system of the province, taking as its basis the various laws for the vilayets and the proposals made in the eighth sitting of the Conference of Constantinople.
The whole of the arrangements determined on for Eastern Roumelia shall form the subject of an Imperial Firman, which will be issued by the Sublime Porte, and which it will communicate to the Powers[172].
Provincial administration. Art. XIX. The European Commission shall be charged to administer, in concert with the Sublime Porte, the finances of the province until the completion of the new organization[173].
Treaties, and privileges of foreigners. Art. XX. The Treaties, Conventions, and international arrangements of any kind whatsoever, concluded or to be concluded between the Porte and foreign Powers, shall apply in Eastern Roumelia as in the whole Ottoman Empire. The immunities and privileges acquired by foreigners, whatever their status, shall be respected in this province. The Sublime Porte undertakes to enforce there the general laws of the Empire on religious liberty in favour of all forms of worship[174].
Railways. Art. XXI. The rights and obligations of the Sublime Porte with regard to the railways of Eastern Roumelia are maintained in their integrity.
Evacuation. Art. XXII. The strength of the Russian corps of occupation in Bulgaria and Eastern Roumelia, which shall be composed of six divisions of infantry and two divisions of cavalry, shall not exceed 50,000 men. It shall be maintained at the expense of the country occupied[175]. The army of occupation will preserve its communications with Russia not only through Roumania, in accordance with arrangements to be concluded between the two States, but also through the ports of the Black Sea, Varna and Bourgas, where it may, during the period of occupation, organize the necesary depôts.
The period of the occupation of Eastern Roumelia and Bulgaria by the Imperial Russian troops is fixed at nine months from the date of the exchange of the ratifications of the present Treaty[176].
The Imperial Russian Government undertakes that within a further period of three months the passage of its troops across Roumania shall cease, and that Principality shall be completely evacuated[177].
Crete, etc.
Crete, &c. Art. XXIII. The Sublime Porte undertakes scrupulously to apply to the Island of Crete the Organic Law of 1868, with such modifications as may be considered equitable[178]
Similar laws adapted to local requirements, excepting as regards the exemption from taxation granted to Crete[179], shall also be introduced into the other parts of Turkey in Europe for which no special organization has been provided by the present Treaty.
The Sublime Porte shall depute special Commissions, in which the native element shall be largely represented, to settle the details of the new laws in each province.The schemes of organization resulting from these labours shall be submitted for examination to the Sublime Porte, which, before promulgating the Acts for putting them into force, shall consult the European Commission instituted for Eastern Roumelia[180].
Greece.
Art. XXIV. In the event of the Sublime Porte and Greece being unable to agree upon the rectification of frontier suggested in the 13th Protocol of the Congress of Berlin[181], Germany, Austria-Hungary, France, Great Britain, Italy, and Russia reserve to themselves to offer their mediation to the two parties to facilitate negotiations[182].
Bosnia and Herzegovina.
Art. XXV. The provinces of Bosnia and Herzegovina shall be occupied and administered by Austria-Hungary[183]. The Government of Austria-Hungary, not desiring to undertake the administration of the Sandjak of Novi-Bazar, which extends between Servia and Montenegro in a south-easterly direction to the other side of Mitrovitza, the Ottoman Administration will continue to exercise its functions there. Nevertheless, in order to assure the maintenance of the new political state of affairs, as well as freedom and security of communications, Austria-Hungary reserves the right of keeping garrisons and having military and commercial roads in the whole of this part of the ancient Vilayet of Bosnia. To this end the Governments of Austria-Hungary and Turkey reserve to themselves to come to an understanding on the
details[184].
Montenegro, 26−38[185].
IndependenceArt. XXVI. The independence of Montenegro is recognized by the Sublime Porte and by all those of the High Contracting Parties who had not hitherto admitted it[186].
Conditions. Art. XXVII. The High Contracting Parties are agreed on the following conditions:—
In Montenegro the difference of religious creeds and confessions shall not be alleged against any person as a ground for exclusion or incapacity in matters relating to the enjoyment of civil and political rights, admission to public employments, functions, and honours, or the exercise of the various professions and industries in any locality whatsoever.
The freedom and outward exercise of all forms of worship shall be assured to all persons belonging to Montenegro, as well as to foreigners, and no hindrance shall be offered either to the hierarchical organization of the different communions, or to their relations with their spiritual chiefs[187].
Delimitation. Art. XXVIII. The new frontiers of Montenegro are fixed as follows:—Starting at Ilino-brdo to the north of Klobuk, the line descends to the Trebinjcica towards Grancarevo, which remains to Herzegovina, then ascends the course of that river up to a point 1 kilom. below its confluence with the Cepelica, and from thence passes by the most direct line on to the heights which border the River Trebinjcica. It then proceeds in the direction of Pilatova, leaving that village to Montenegro, and continues along the heights in a northerly direction, maintaining as far as possible a distance of 6 kilom, from the Bilek-Korito-Gacko road, up to the 'col' between the Somina Planina and Mount Curilo, whence it proceeds in an easterly direction by Vratkovici, leaving this village to Herzegovina, up to Mount Orline. Starting from this point the frontier, leaving Ravno to Montenegro, goes straight to the north-north-east, crossing the summits of the Lebersnik and of the Volujak, then descends by the shortest line on to the River Piva, which it crosses, and rejoins the river Tara, passing between Crkvica and Nedvina. From this point it ascends the Tara to Mojkovac, from which place it passes along the crest of the ridge as far as Siskojezero. Leaving this point, it coincides with the former frontier as far as the village of Sekulare. From there the new frontier passes along the crests of the Mokra Planina, the village of Mokra remaining to Montenegro; it then reaches the point 2166 on the Austrian Staff Map, following the principal chain and the line of the watershed between the Lim on the one side, and the Drin as well as the Cievna (Zem) on the other.
It then coincides with the existing boundaries between the tribe of the Kuci-Drekalovici on one side, and the Kucka-Krajna, as well as the tribes of the Klementi and Grudi, on the other, to the plain of Podgorica, from whence it proceeds towards Plavnica, leaving the Klementi, Grudi, and Hoti tribes to Albania.
Thence the new frontier crosses the lake near the Islet of Gorica-Topal, and, from Gorica-Topal, takes a straight line to the top of the crest, whence it follows the watershed between Megured and Kalimed, leaving Mrkovic to Montenegro, and reaching the Adriatic at V. Kruci.
On the north-west the frontier will be formed by a line passing from the coast between the villages of Susana and Zubci, and terminating at the extreme south-east point of the existing frontier of Montenegro on the Vrsuta Planina[188].
Antivari annexed on conditions. Art. XXIX. Antivari and its sea-board are annexed to Montenegro under the following conditions:—
The districts situated to the south of that territory, in accordance with the delimitation above laid down, as far as the Boyana, including Dulcinjo, shall be restored to Turkey[189].
The Commune of Spica, as far as the southernmost part of the territory indicated in the detailed description of the frontiers, shall be incorporated with Dalmatia[190].
Montenegro shall have full and complete freedom of navigation on the Boyana. No fortifications shall be constructed on the course of that river except such as may be necessary for the local defence of the stronghold of Scutari, and they shall not extend beyond a distance of 6 kilom. from that town.
Montenegro shall have neither ships of war nor flag of war.
The port of Antivari and all the waters of Montenegro shall remain closed to the ships of war of all nations.
The fortifications situated on Montenegrin territory between the lake and the coast shall be razed, and none shall be rebuilt within this zone.
The administration of the maritime and sanitary police, both at Antivari and along the coast of Montenegro, shall be carried out by Austria-Hungary by means of light coast-guard boats.
Montenegro shall adopt the maritime code in force in Dalmatia. On her side Austria-Hungary undertakes to grant Consular protection to the Montenegrin merchant flag.
Montenegro shall come to an understanding with Austria-Hungary on the right to construct and keep up across the new Montenegrin territory a road and a railway.
Absolute freedom of communication shall be guaranteed on these roads.
Mussulman property. Art. XXX. Mussulmans or others possessing property in the territories annexed to Montenegro, who may wish to take up their residence outside the Principality, can retain their real property either by farming it out, or by having it administered by third parties.
No one shall be liable to be expropriated otherwise than by legal process for the public welfare, and with a previous indemnity.
A Turco-Montenegrin Commission shall be appointed to settle, within a period of three years, all questions relative to the mode of alienation, working, or use, on the account of the Sublime Porte, of property belonging to the State and religious foundations (Vakoufs), as well as of the questions regarding the interests of private parties engaged therein[191].
Agents at Constantinople. Art. XXXI. The Principality of Montenegro shall come to a direct understanding with the Ottoman Porte with regard to the establishment of Montenegrin agents at Constantinople, and at certain places in the Ottoman Empire where the necessity for them shall be admitted.
Montenegrins in the Ottoman Empire. Montenegrins travelling or residing in the Ottoman Empire shall be subject to the Ottoman laws and authorities, according to the general principles of international law and the customs established with regard to Montenegrins.
Evacuation. Art. XXXII. The Montenegrin troops shall he bound to evacuate within twenty days from the date of the ratification of the present Treaty, or sooner if possible, the territory that they occupy at present beyond the new limits of the Principality.
The Ottoman troops shall evacuate the territories ceded to Montenegro within the same period of twenty days. A supplementary period of fifteen days shall, however, he granted to them, as well for evacuating the fortresses and withdrawing the stores and material of war from them, as for drawing up inventories of the implements and articles which cannot he immediately removed[192].
Debt. Art. XXXIII. As Montenegro is to bear a portion of the Ottoman public debt for the new territories assigned to her by the Treaty of Peace, the Representatives of the Powers at Constantinople shall determine the amount of the same in concert with the Sublime Porte on an equitable basis[193].
Servia, 34−42[194].
Independence. Art. XXXIV. The High Contracting Parties recognize the independence of the Principality of Servia[195], subject to the conditions set forth in the following Article.
Conditions. Art. XXXV. In Servia the difference of religious creeds Conditions, and confessions shall not be alleged against any person as a ground for exclusion or incapacity in matters relating to the enjoyment of civil and political rights, admission to public employments, functions, and honours, or the exercise of the various professions and industries, in any locality whatsoever.
The freedom and outward exercise of all forms of worship shall be assured to all persons belonging to Servia, as well as to foreigners, and no hindrance shall be offered either to the hierarchical organization of the different communions, or to their relations with their spiritual chiefs.
Delimitation. Art. XXXVI. Servia receives the territories included in the following delimitation:—
The new frontier follows the existing line ascending the mid-channel of the Drina from its confluence with the Save, leaving Mali Zwornik and Sakhar to the Principality, and continues to follow the former boundary of Servia as far as the Kopaonik, leaving it at the summit of the Kanilug. From that point it follows at first the western boundary of the Sandjak of Nisch by the southern spur of the Kopaonik, by the crests of the Marica and Mrdar Planina, which form the watershed between the basins of the Ibar and Sitnica on one side, and that of the Toplica on the other, leaving Prepolac to Turkey.
It then turns to the south by the watershed between the Brvenica and the Medvedja, leaving the whole of the basin of the Medvedja to Servia; follows the crests of the Goljak Planina (which forms the watershed between the Kriva-Rjeka on one side and the Poljanica, Veternica, and Morawa on the other), as far as the summit of the Poljanica. It then follows the spur of the Karpina Planina as far as the confluence of the Koinska and the Morawa, crosses this river, and ascends by the watershed between the Koinska brook and the stream which falls into the Morawa near Neradovce, to reach the Sv. Ilija Planina above Trgoviste. Thence it follows the crest of the Sv. Ilija as far as Mount Kljuc, and passing by the points marked 1516 and 1547 on the map, and by the Babina Gora, it reaches Mount Crni-Vrh.
From Mount Crni-Vrh, the new delimitation coincides with that of Bulgaria, that is to say:—
The line of frontier follows the watershed between the Struma and the Morava by the summits of Streser, Vilogolo, and Mesid Planina, rejoins by the Gacina, Crna Trava, Darkovska, and Drainica Plan, then the Descani Kladanec, the watershed of the High Sukowa and of the Morava, goes straight to the Stol, and descends from it so as to cut the road from Sofia to Pirot, 1,000 metres north-west of the village of Segusa. It ascends in a straight line the Vidlic Planina, and thence Mount Radocina in the chain of the Kodza Balkan, leaving to Servia the village of Doikinci, and to Bulgaria that of Senakos.
From the summit of Mount Radocina the frontier follows towards the north-west, the crest of the Balkans by Ciprovec Balkan and Stara Planina up to the former eastern frontier of the Principality of Servia, near to the Kula Smiljova cuka, and thence that former frontier as far as the Danube, which it joins at Rakovitza[196].
Treaties. Art. XXXVII. Until the conclusion of fresh arrangements no change shall be made in Servia in the actual conditions of the commercial intercourse of the Principality with foreign countries[197].
Dues. No transit duties shall be levied on goods passing through Servia.
Foreigners. The immunities and privileges of foreign subjects, as well as the rights of Consular jurisdiction and protection, as at present existing, shall remain in full force so long as they shall not have been modified by mutual consent between the Principality and the Powers concerned[198].
Railways. Art. XXXVIII. The Principality of Servia takes the place, so far as it is concerned, of the Sublime Porte in the engagements which the latter has contracted as well towards Austria-Hungary as towards the Company for the working of the railways of Turkey in Europe, in respect to the completion and connection, as well as the working of the railways to be constructed on the territory newly acquired by the Principality[199].
The Conventions necessary for settling these questions shall be concluded, immediately after the signature of the present Treaty, between Austria-Hungary, the Porte, Servia, and, within the limits of its competency, the Principality of Bulgaria[200].
Mussulman property. Art. XXXIX. Mussulmans possessing property in the territories annexed to Servia, who may wish to reside outside the Principality, may retain their real property, either by farming it out or by having it administered by third parties.
Vakoufs. A Turco-Servian Commission shall be appointed to settle, within a period of three years, all questions relative to the mode of alienation, working, or use, on the account of the Sublime Porte, of the property belonging to the State and religious foundations (Vakoufs), as well as of the questions regarding the interests of private persons engaged therein.
Servians in the Ottoman Empire. Art. XL. Until the conclusion of a Treaty between Turkey and Servia, Servian subjects travelling or residing in the Ottoman Empire shall be treated according to the general principles of international law.
Evacuation. Art. XLI. The Servian troops shall be bound to evacuate within fifteen days from the exchange of the ratifications of the present Treaty the territory not comprised within the new limits of the Principality.
The Ottoman troops shall evacuate the territories ceded to Servia within the same period of fifteen days. A supplementary term of an equal number of days shall, however, be granted to them as well for evacuating the fortresses and withdrawing the provisions and material of war as for drawing up the inventory of the implements and objects which cannot be removed at once.Debt. Art. XLII. As Servia is to bear a portion of the Ottoman Public Debt for the new territories assigned to her by the present Treaty, the Representatives at Constantinople shall fix the amount of it in concert with the Sublime Porte on an equitable basis.
Roumania, 43−51[201]
Independence. Art. XLIII. The High Contracting Parties recognize the independence of Roumania[202], subject to the conditions set forth in the two following Articles.
Conditions; religion. Art. XLIV. In Roumania the difference of religious creeds and confessions shall not be alleged against any person as a ground for exclusion or incapacity in matters relating to the enjoyment of civil and political rights, admission to public employments, functions, and honours, or the exercise of the various professions and industries in any locality whatsoever.
The freedom and outward exercise of all forms of worship shall be assured to all persons belonging to the Roumanian State, as well as to foreigners, and no hindrance shall be offered either to the hierarchical organization of the different communions, or to their relations with their spiritual chiefs.
The subjects and citizens of all the Powers, traders or others, shall be treated in Roumania, without distinction of creed, on a footing of perfect equality[203].Bessarabia Art. XLV. The Principality of Roumania restores to His Majesty the Emperor of Russia that portion of the Bessarabian territory detached from Russia by the Treaty of Paris of 1856, bounded on the west by the mid-channel of the Pruth,and on the south by the mid-channel of the Kilia branch and the Stary-Stamboul mouth[204].
Islands. Art. XLVI. The islands forming the Delta of the Danube, as well as the Isle of Serpents, the Sandjak of Toultcha, comprising the districts (cazas) of Kilia, Soulina Mahmoudie, Isaktcha, Toultcha, Matchin, Babadagh, Hirsovo, Kustendje, Dobroutcha. Medjidie, are added to Roumania[205]. The Principality receives in addition the territory situated to the south of the Dobroutcha as far as a line starting from the east of Silistria and terminating on the Black Sea, south of Mangalia.
The frontier line shall he determined on the spot by the European Commission appointed for the delimitation of Bulgaria[206].
Waters. Art. XLVII. The question of the division of the waters and the fisheries shall be submitted to the arbitration of the European Commission of the Danube.
Dues. Art. XLVIII. No transit duties shall be levied in Roumania on goods passing through the Principality.
Foreigners. Art. XLIX. Roumania shall have power to make Conventions to determine the privileges and attributes of Consuls in regard to protection within the Principality. Existing rights shall remain in force so long as they shall not have been modified by the mutual consent of the Principality and the parties concerned[207].
Roumanians in the Ottoman Empire. Art. L. Until the conclusion of a Treaty between Turkey and Roumania, fixing the privileges and attributes of Consuls, Roumanian subjects travelling or residing in the Ottoman Empire, and Ottoman subjects travelling or residing in Roumania, shall enjoy the rights guaranteed to the subjects of other European Powers.
Public works. Art. LI. With regard to public works and other enterprises Public of a like nature, Roumania shall be substituted for the Sublime Porte as regards its rights and obligations throughout the ceded territory[208].
The Navigation of the Danube, 53-57[209].
Fortresses to be razed. Art. LII. In order to increase the guarantees which assure the freedom of navigation on the Danube which is recognized as of European interest, the High Contracting parties determine that all the fortresses and fortifications existing on the course of the river from the Iron Gates to its mouths shall be razed[210], and no new ones erected. No vessel of war shall navigate the Danube below the Iron Gates with the exception of vessels of light tonnage in the service of the river police and Customs[211]. The 'stationnaires' of the Powers at the mouths of the Danube may, however, ascend the river as far as Galatz.
The European to include Roumania and extend to to Galatz.Art. LIII. The European Commission of the Danube, on which Roumania shall be represented, is maintained in its functions, and shall exercise them henceforth as far as Galatz[212] in complete independence of the territorial authorities. All the Treaties, arrangements, acts, and decisions relating to its rights, privileges, prerogatives, and obligations[213] are confirmed. As to the prologation of its powers.Art. LIV. One year before the expiration of the term assigned duration of the European Commission[214] the Powers shall come to understanding as to the prolongation of its powers, or the modifications which they may consider necessary to introduce[215].
To regulate the middle river.Art. LV. The regulations respecting navigation, river police, and supervision from the Iron Gates to Galatz shall be drawn up by the European Commission, assisted by delegates of the Riverain States, and placed in harmony with those which have been or may be issued for the portion of the river below Galatz[216].
The Isle of Serpents.Art. LVI. The European Commission of the Danube shall come to an arrangement with the proper authorities to ensure the maintenance of the lighthouse on the Isle of Serpents[217].
The Iron Gates.Art. LVII. The execution of the works which have for their object the removal of the obstacles which the Iron Gates and the Cataracts place in the way of navigation is entrusted to Austria-Hungary. The Riverain States on this part of the river shall afford every facility which may be required in the interest of the works.
The provisions of the VIth Article of the Treaty of London of the 13th March, 1871, relating to the right of levying a provisional tax in order to cover the cost of these works, are maintained in favour of Austria-Hungary.
Cessions in Asia, 53-60.
Asiatic frontier.Art. LVIII. The Sublime Porte cedes to the Russian Empire in Asia the territories of Ardahan, Kars, and Batoum, together with the latter port[218], as well as all the territories comprised between the former Russo-Turkish frontier and the following line : —
The new frontier starting from the Black Sea, and coinciding with the line laid down by the Treaty of San Stefano as far as a point to the north-west of Khorda, and to the south of Artwin, continues in a straight line as far as the River Tchoroukh, crosses this river and passes to the east of Aschmichen, going in a straight line to the south so as to rejoin the Russian frontier indicated in the Treaty of San Stefano, at a point to the south of Nariman, leaving the town of Olti to Russia. From the point indicated near Nariman the frontier turns to the east, passes by Tebrenec, which remains to Russia, and continues as far as the Pennek Tschaï.
It follows this river as far as Bardouz, then turns towards the south, leaving Bardouz and Jönikioy to Russia. From a point to the west of the village of Karaougan[219], the frontier takes the direction of Medjingert, continues in a straight line towards the summit of the Mountain Kassadagh, and follows the line of the watershed between the affluents of the Araxes on the north and those of the Mourad Sou on the south, as far as the former frontier of Russia[220].
Batoum.Art. LIX. His Majesty the Emperor of Russia declares that it is his intention to constitute Batoum a free port[221] essentially commercial.
Retrocesion to TurkeyArt. LX. The valley of Alaschkerd and the town of Bayazid, ceded to Russia by Art. XIX of the Treaty of San Stefano, are restored to Turkey[222]. Persian frontier,The Sublime Porte cedes to Persia the town and territory of Khotour, as fixed by the mixed Anglo-Russian Commission for the delimitation of the frontiers of Turkey and of Persia[223].
Obligations of the Porte, 61-72.
Obligations in Armenia,Art. LXI. The Sublime Porte undertakes to carry out, without further delay, the improvements and reforms demanded by local requirements in the provinces inhabited by the Armenians, and to guarantee their security against the Circassians and Kurds.
It will periodically make known the steps taken to this effect to the Powers, who will superintend their application[224].
as to religious liberty and privileges,Art. LXII. The Sublime Porte having expressed the intention to maintain the principle of religious liberty, and give it the widest scope, the Contracting Parties take note of this spontaneous declaration.
In no part of the Ottoman Empire shall difference of religion be alleged against any person as a ground for exclusion or incapacity as regards the discharge of civil and political rights, admission to the public employments, functions and honours, or the exercise of the various professions and industries[225].
All persons shall be admitted, without distinction of religion, to give evidence before the tribunals[226].
The freedom and outward exercise of all forms of worship are assured to all, and no hindrance shall be offered either to the hierarchical organizations of the various communions or to their relations with their spiritual chiefs. Ecclesiastics, pilgrims, and monks of all nationalities travelling in Turkey in Europe, or in Turkey in Asia, shall enjoy the same rights, advantages, and privileges.
The right of official protection by the Diplomatic and Consular Agents of the Powers in Turkey is recognized both as regards the above-mentioned persons and their religious, charitable, and other establishments in the Holy Places and elsewhere.
The rights possessed by France are expressly reserved, and it is well understood that no alterations can be made in the status quo in the Holy Places.
The monks of Mount Athos, of whatever country they may be natives, shall be maintained in their former possessions and advantages, and shall enjoy, without any exception, complete equality of rights and prerogatives.
Confirmation of Treaties, and Ratification.
Former Treaties.Art. LXIII. The Treaty of Paris of March 30, 1856, as well as the Treaty of London of March 13, 1871, are maintained in all such of their provisions as are not abrogated or modified by the preceding stipulations[227].
Ratifications.Art. LXIV. The present Treaty shall be ratified, and the ratifications exchanged at Berlin within three weeks, or sooner if possible[228].
In faith whereof the respective Plenipotentiaries have signed it, and affixed to it the seal of their arms.
Done at Berlin, the thirteenth day of the month of July, one thousand eight hundred and seventy-eight.
| BEACONSFIELD. | SAINT-VALLIER. |
| SALISBURY. | H. DESPREZ. |
| ODO RUSSELL. | L. CORTI. |
| v. BISMARCK. | LAUNAY. |
| BULOW. | GORTCHAKOW. |
| HOHENLOHE. | SCHOUVALOFF. |
| ANDRÁSSY. | P. D'OUBRIL. |
| KÁROLYI. | AL. CARATHEODORY. |
| HAYMERLE. | MEHEMED ALL |
| WADDINGTON. | SADOULLAH. |
No. VII.
The Powers represented upon the European Commission of the Danube, in virtue of the Treaty of Paris of the 30th March, 1856. and Roumania, which has been empowered to take part in the said Commission by Article LIII of the Treaty of Berlin of the 13th July, 1878,
Being desirous of putting- the Public Act of the 2nd November, 1 865, relative to the navigation of the mouths of the Danube, in harmony with the stipulations of the Treaty of Berlin, to the effect that the said European Commission ' shall henceforward exercise its functions as far as Galatz, in complete independence of the territorial authority, and that all the Treaties, arrangements, acts, and decisions relative to its rights, privileges, prerogatives, and obligations are confirmed,'
Have named as their Plenipotentiaries, that is to say :
[Here follow the names and titles of the plenipotentiaries.]
Who, having produced their full powers, found in good and due form, and of which a certified copy remains deposited in the archives of the European Commission, have agreed upon the following provisions additional to the aforesaid Public Act of the 2nd November, 1865 : —
Application of previous Acts to Riverain States.Art. I. The rights, attributes, and immunities of the European Commission of the Danube, such as they have been established by the Treaties of Paris of the 30th March, 1856, and of London of the 13th March, 1871, by the Public Act of the 2nd November, 1865[230], as well as by the acts and decisions prior to the Treaty of Berlin of the 13th July, 1878, shall continue to govern its relations with the new Riverain States, and their effect shall extend as far as Galatz[231], subject to the modifications hereinafter specified.
The Inspector, &c.Art. II. The agent specially appointed to superintend the river police below Galatz, and exclusive of the Port of Soulina, shall henceforward bear the title of Inspector of the Navigation of the Lower Danube^ and shall, as formerly, be assisted by a Chancellor and by Sub-Inspectors stationed on the different sections of the river under his superintendence, and all placed under his orders.
The Inspector of the Navigation, the Chancellor of the Inspection, as well as the Sub-Inspectors of the river sections, the Captain of the port of Soulina, and all the staff placed under the orders of the last-mentioned official, are named by the Commission by simple majority of votes, and without distinction of nationality. Their appointment can likewise be cancelled by the Commission.
The Inspector of the Navigation and the Captain of the port of Soulina perform their functions under the direct authority of the Commission, which pays them, and before which they and their subordinates take oath of office. They decide, as Judges of First Instance, upon contraventions committed within the limits of their respective districts, in matters of police and of navigation, and their decisions are given in the name of the European Commission of the Danube.
The Soulina dues.Art. III. The management of the funds of the Soulina Navigation shall no longer be entrusted to a special agent. It shall be placed exclusively in the hands of the European Commission, or of the authority which may succeed it, and shall be carried on in the manner which is or may be determined by the said Commission or authority.
The method of levying the dues and the administration of the funds of the Soulina navigation may be modified by an unanimous decision arrived at in plenary session.
Art. IV. The final provision of Art. XIV of the Public Act of 1865 is modified in the following sense — namely, that the prohibition to employ any portion of the sums collected by dues levied on sea-going vessels, or of loans, raised by the hypothecation of these dues, to cover the expense of works or of administrative expenditure in relation to a section of the river lying above Isaktcha, is limited to that part of the river which lies above Galatz.
Lighthouses.Art. V. The European Commission is charged with the maintenance and the administration of all the lighthouses forming the system of lighting the mouths of the Danube ; consequently, the proportion of the total amount of dues levied at Soulina, representing the light dues, shall belong, without deduction, to the Navigation Fund.
International sanitary Council.Art. VI. The sanitary Regulations applicable to the mouths of the Danube, including the tariffs of sanitary dues, shall be elaborated and modified, in concert with the European Commission, by the International Council, to be established at Bucharest.
The present Regulations shall remain in force until otherwise ordered, reserving, however, the right of the European Commission to demand the immediate abrogation of those which may be in opposition to the interests of the navigation and to the principles laid down in Articles XVIII, XIX, and XX of the Public Act of the 2nd November, 1865.
In order to determine more exactly the sense of the stipulations of the said Art. XX relative to measures of quarantine, properly so called, which are put in force in time of epidemic, it is expressly understood and agreed that these measures are exclusively applicable to vessels and travellers coming from infected localities, and in non-infected ports ; and that any exceptional and restrictive measures shall be abolished, with regard to inter-communication between riverain ports, as soon as the epidemic has become general along its banks.
And in order to facilitate, in time of epidemic, the maintenance of the river police, it is further agreed that the Inspector of Navigation, the Chancellor of the Inspection, and the sectional Sub-Inspectors, shall continue, as hitherto, to pass freely to and fro on the river, under the sole condition that they must submit, in caiie they may have rendered themselves liable to infection ('en cas de compromission') to the same precautions as are laid down by the regulations for the Health Officers. The same immunities shall be extended, in case of necessity, to the engineers, employes, and workmen of the European Commission.
Art. VII. In regard to matters specially concerning the administration of the sanitary service at Soulina, the International Council at Bucharest shall come to an understanding with the Commission with respect to the nomination and payment of the sanitary staff, the organization and working of the offices, the establishment and maintenance of a lazaretto, and the method of levying the sanitary dues, and the objects to which shall be devoted the proceeds of these dues, which shall form a special fund.
The flag and badge of the Commission.Art. VIII. In order to ensure at all times to the staff, as well as to the property and works of the European Commission, the benefits of neutrality guaranteed to them by Art. XXI of the Public Act of the 2nd November, 1865, and Art. VII of the Treaty of London of the 13th March, 1871, the engineers, employes, and workmen of the European Commission may be furnished with a badge, bearing on a blue ground the white letters ' C. E. D.' Moreover, the Commission shall not be compelled to hoist upon its establishments, of whatsoever nature, and upon its boats, any flag other than its own, which is composed of five parallel stripes perpendicular to the staff, arranged in the following order of colour : — red, white, blue, white and red, the blue stripe having a height double that of each of the other stripes, and bearing in white the letters 'C.E.D.'
Art. IX. All the provisions of the Public Act of the 2nd November, 1865, which are not expressly modified by the present Additional Act, retain all their force and efficiency.
The Regulations of Navigation and of Police, and the Tariff of Navigation Dues, shall be eventually revised by the European Commission, in order to be placed in accord with the position created by the Treaty of Berlin.
Art. X. The present Act shall be ratified.
Each of the High Contracting Parties shall give one ratification only. The ratifications shall he deposited within a t/ear, or sooner if possible, in the archives of the European Commission of the Danube[232].
In witness whereof the respective Delegates and Plenipotentiaries have signed the present Additional Act, and have thereto affixed their seals.
Done at Galatz, the 28th day of May, 1881.
| H. T. SIBORNE. | N. REVEST. |
| J. ARENDT. | PENCOVICI. |
| de HAAN. | A. ROMANENKO. |
| CAMILLE BARRÈRE. | Const. et. CARATHÉODORY. |
Reserve of Russian Delegate;In proceeding to sign the Additional Act the Delegate declares, by order of his Government, that he signs the Act in question under the following reserve : the provisions of Articles V and VI of the Additional Act shall not be applicable to the left bank of the Kilia branch, that is to say, to Russian territory, it being, nevertheless, understood that this reserve cannot alter in any way the stipulations of the Treaties concerning the European Commission of the Danube,
of Roumanian Delegate,The Delegate of Roumania declares, on his part, by order of his Government, that he signs the Additional Act under reserve of the equality of the rights of the Riverain States as regards the provisions of Articles V, VI, and VII of the said Act: it is, nevertheless, understood that the provisions of Art. V shall be applicable, during the duration of the European Commission, to existing rights only ; and that the provisions of Art. VII are maintained so far as concerns exclusively the levying of sanitary dues, and the management of the fund which is to be formed by means of the product of these taxes.
The Delegates respectively acknowledge and take note of these declarations and reserves, and it is confirmed that, subsequently to the drafting of the text of Art. VII, an understanding has been arrived at between the Roumanian Government and the European Commission, in the sense that the levying of the sanitary dues, and the management of the fund to be formed out of their product, shall come into the hands of the Commission.
The Delegates of Germany, Austria-Hungary, France, Great Britain, Italy, Roumania, Russia, and Turkey, affix to the Additional Act their signatures and the seal of their arms.
The present Protocol is drawn up and signed in nine copies, of which one is deposited in the archives of the Commission, together with the initialled copy of the Additional Act.
Done at Galatz the 38th May, 1881.
[The same signatures.]
No. VIII.
In the Name of Almighty God.
The Signatory Powers of the Treaty of Berlin, having deemed it necessary to assemble their Plenipotentiaries in Conference at London, in order to come to an understanding as to the decisions to be taken in virtue of Article LIV of the Treaty of Berlin of the 13th July, 1878, and in respect of the execution of Article LV of the same Treaty, concerning the navigation of the Danube from the Iron Gates to its mouths, have appointed their Plenipotentiaries, that is to say:
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable Granville George, Earl Granville, &c.. Her Majesty's Principal Secretary of State for Foreign Affairs, and Lord Edmond George Petty Fitzmaurice, &c.. Under Secretary of State for Foreign Affairs ;
His Majesty the Emperor of Germany, King of Prussia, George Herbert, Count Mūnster, his Ambassador Extraordinary and Plenipotentiary to Her Britannic Majesty; His Majesty the Emperor of Austria, King of Bohemia, &c., and Apostolic King of Hungary, Louis, Count Karolyi of Nagy-Karoly, &c., his Ambassador Extraordinary to Her Britannic Majesty ;
The President of the French Republic, Charles Tissot, &c., Ambassador of the French Republic to Her Britannic Majesty, and Camille Barrere, French Delegate on the Danube Commission, &c. ; His Majesty the King of Italy, Count Constantine Nigra, &c., his Ambassador Extraordinary and Plenipotentiary to Her Britannic Majesty ;
His Majesty the Emperor of all the Russias, Arthur Baron Mohrenheim, &c., his Ambassador Extraordinary and Plenipotentiary to her Britannic Majesty ;
His Majesty the Emperor of the Ottomans, Constantine Musurus Pasha, &c., his Ambassador and Plenipotentiary to Her Britannic Majesty ;
Who, after exchanging their full powers, found in good and due form, have agreed on the following Articles : —
Extension of European Commission to Ibraīla Prolongation of its powers for 21 years.Art. I. The jurisdiction of the European Commission of the Danube is extended from Galatz to Ibraila.
Art. II. The powers of the European Commission are prolonged for a period of twenty-one years, dating from the 20th April, 1883.
At the expiration of the said period, the powers of the Commission shall continue in force by tacit prolongation ('tacite réconduction') for successive terms of three years, unless one of the High Contracting Parties should notify, one year before the expiration of one of these terms of three years, the intention of proposing modifications in the constitution or in the powers of the Commission.
Exception of part of Kilia branch from its jurisdiction.Art. III. The European Commission shall exercise no effective control over those portions of the Kilia branch of which both banks belong to one of the Riverain States of that branch.
Regulations as to other parts.Art. IV. With regard to that portion of the Kilia branch which flows between Russian and Roumanian territory, and in order to insure uniformity in the management of the Lower Danube, the regulations in force on the Sulina branch shall be applied under the superintendence of the Russian and Roumanian Delegates of the European Commission.
Works in that branch.Art. V. In case Russia or Roumania should undertake works in the Kilia branch, either in the part which divides their respective territories, or that which flows exclusively within the territories of either of them, the competent authority shall communicate the plans of these works to the European Commission with the sole view of establishing that they do not interfere in any way with the navigable state of the other branches.
The works which have already been carried out at the Tchatal of Ismaïl, remain at the charge and under the control of the European Commission of the Danube.
Should there be a difference of opinion between the Russian or Roumanian authorities and the European Commission respecting the plans of works to be undertaken in the Kilia branch, or a difference of opinion in that Commission respecting any extension that it might be advisable to make in the works at the Tchatal of Ismaïl, the case shall be submitted directly to the Powers.
Tolls to cover Russian works. Art. VI. It is understood that there shall be no restriction upon the right of Russia to levy tolls intended to cover the expenses of the works undertaken by her.
Nevertheless, with the view of providing a safeguard for the reciprocal interests of the navigation of the Sulina branch and on the Kilia branch, the Russian Government shall put the Governments represented in the European Commission in possession of the Regulations respecting the tolls which they may think it advisable to introduce, so as to insure an understanding on the subject.
Adoption of annexed Règlement. Art. VII. The regulations for navigation, river police, and superintendence drawn up on the 2nd June, 1882, by the European Commission, assisted by the Delegates of Servia and Bulgaria[234], are adopted in the form annexed to the present Treaty, and declared applicable to that part of the Danube which is situated between the Iron Gates and Ibraïla.
Previous Acts maintained. Art. VIII. All the Treaties, Conventions, Acts, and arrangements relating to the Danube and its mouths are maintained in all such of their provisions as are not abrogated or modified by the preceding stipulations[235].
Ratifications.
Art. IX. The present Treaty shall he ratified, and the ratifications exchanged at London within the space of six months, or sooner if possible[236]. In faith whereof, the respective Plenipotentiaries have signed it, and affixed to it the seal of their arms.
Done at London, the 10th day of March, 1883.
|
GRANVILLE. |
C. BARRÈRE. |
ANNEXE.
Règlement de Navigation, de Police Fluviale et de Surveillance, applicable à la partie du Danube située entre les Portes de Fer et Braïla.
Titre I. Régime Général de la Navigation.
Freedom of Navigation. Art. I. La navigation continuera à être entièrement libre sur toute la partie du Danube comprise entre Braïla et les Portes de Per. Les bâtiments marchands de toutes les nations y effectueront librement, comme par le passé, le transport des passagers et des marchandises ou le remorquage, sous les conditions d'une parfaite égalité stipulées par l'Article XVI du Traité de Paris.
Art. II. Il ne sera perçu sur le Danube aucun péage basé uniquement sur le fait de la navigation du fleuve, ni aucun droit sur les marchandises, tant qu'elles se trouveront à bord des bâtiments, transports ou radeaux.
Art. III. Les États Riverains ont le droit de percevoir dans leurs ports respectifs les droits de quai, grue, balance, magasinage, débarquement, pour les établissements existants ou à établir.
Toutefois, ces droits devront être prélevés indistinctement, suivant des tarifs fixes et publics, sans égard à la provenance des bâtiments et de leur cargaison, et pour autant seulement que les bâtiments assujettis à ces droits auraient profité des dits établissements.
Il est bien entendu que ces tarifs ne pourront être une source de revenus financiers, mais qu'ils produiront seulement la quotité nécessaire au paiement de l'intérêt et à l'amortissement du capital de premier établissement et d'entretien. L'amortissement une fois opéré, les tarifs ne représenteront plus que la quotité nécessaire à l'entretien.
(Arts. 4, 5, Bridges and Mills.)
Customs. Art. VI. Les lignes douanières suivront partout les rives du fleuve, sans jamais le traverser. Il s'ensuit que les bâtiments, transports, radeaux, &c., tant qu'ils sont en voie de navigation ou à l'ancre dans le lit du fleuve, sans faire aucune operation de commerce avec la rive, sont entièrement en dehors de toute action des Douanes.
En consequence, les États Riverains ne peuvent percevoir les taxes douanières qu'à l'égard des marchandises débarquées sur les rives, et cette interdiction s'applique même aux bâtiments, transports ou radeaux traversant les sections du fleuve dont les deux rives appartiennent au même État.
Art. VII. Le transit est absolument libre pour les marchandises de toutes les nations, quelles que soient leur provenance et leur destination. Lorsqu'un bâtiment, transport ou radeau traverse une section fluviale dont les deux rives dépendent d'un seul État, les capitaines ou patrons ne sont pas assujettis à d'autres formalités, quant aux marchandises transportées en transit, qu'au plombage ou à la surveillance d'un agent douanier, exercée à bord jusqu'au point où les deux rives, ou l'une d'elles, cessent d'appartenir au dit État. L'agent douanier, pendant son séjour à bord, a droit a la nourriture, au chauffage, et à l'éclairage, sur le même pied que les hommes de l'équipage, mais sans autre rémunération quelconque. Le bâtiment sera tenu de donner passage gratuit au dit agent douanier, sans nourriture ni autres frais, au moins jusqu'au dernier port national qu'il touchera dans son premier voyage de retour.
Art. VIII. Les bâtiments de mer ne pourront être tenus de produire d'autres documents que leurs papiers de bord. Les bâtiments ou transports fluviaux devront être munis des documents nécessaires, délivrés par l'autorité dont ils relèvent, pour constater le nom, la nationalité et la capacité du bâtiment ou transport, et l'identité du capitaine ou patron et des hommes d'equipage.Il est bien entendu qu'aucune autre modification ne sera apportée aux conditions dans lesquelles s'exercent actuellement le grand et petit cabotage sans distinction de pavilion.
Les petites embarcations et les barques de pêche sont dispensées de se faire délivrer les actes spécifiés dans le présent Article; les patrons et les hommes d'équipage sont simplement tenus de se munir des documents nécessaires pour constater leur identité, lorsqu'ils veulent accoster à une rive étrangère. Il est bien entendu, d'ailleurs, que cette disposition ne porte aucune atteinte aux lois et règlements ayant pour objet l'exercice de la pêche dans les eaux de chacun des États Riverains.
(Arts. 9, 10, Mills and Quarantine.)
Titre II. Police de la Navigation.
(Arts. 11–95.)
Titre III. Exécution et Surveillance des Règlements.
The 'mixed Commission.' Art. XCVI. L'exécution du présent Réglement est placée sous l'autorité d'une Commission dite 'Commission Mixte du Danube,' dans laquelle l'Autriche-Hongrie, la Bulgarie, la Roumanie et la Serbie seront chacune représentées par un Délégué. La présidence de cette Commission appartiendra au Délégué de l'Autriche-Hongrie.
Un membre de la Commission Européenne du Danube, désigné pour une période de six mois, par ordre alphabétique des États, prendra part aux travaux de la Commission Mixte et jouira, pendant cette participation, de tous les droits appartenant à ses autres membres.
Les États déjà représentés à la Commission Mixte ne seront pas compris dans ce roulement alphabétique.
Afin que le membre de la Commission Européenne ainsi désigné soit en mesure de prendre part aux délibérations de la Commission Mixte, celle-ci lui fera parvenir le programme de ses travaux un mois avant l'ouverture de chaque session.
La Commission Européenne, quand elle le jugera utile, pourra demander à la Commission Mixte, par l'entremise de son Délégué, les renseignements dont elle aurait besoin concernant celles des décisions de la Commission Mixte qui toucheraient à la liberté de la navigation.
Art. XCVII. Les pouvoirs de la Commission Mixte auront une durée égale à ceux de la Commission Européenne du Danube, et cette Commission Mixte subira, s'il est besoin, les modifications qu'il pourrait devenir nécessaire d'introduire dans sa constitution et dans ses pouvoirs, sous réserve de la coexistence des deux Commissions.
Sessions. Art. XCVIII. La Commission Mixte tiendra chaque année deux sessions ordinaires qui seront fixées de manière á éviter la réunion simultanée de la Commission Mixte et de la Commission Européenne.
Ses décisions seront prises à la majorité des voix.
Elle arrêtera elle-même le règlement intérieur pour l'ordre de ses travaux, ainsi que les instructions spéciales à ses agents en vue de l'application du présent Règlement, sauf les points sur la solution desquels le présent Règlement a statué lui-même. La Commission procédera, dans sa première session, à la nomination des agents désignés à 1'Article 100, sous les numéros 1, 2 et 4.
Toutefois, le reglèment intérieur et les instructions d'un caractère général et réglementaire, telles que celles dont il est question dans l'Article 9 de l'Acte-Public du 2 Novembre 1865, relatif à la navigation des embouchures du Danube, seront communiqués préalablement à la Commission Européenne, et ne seront appliqués qu'après que cette Commission les aura trouvés conformes aux principes qui ont servi de base au présent Règlement.
Expenses. Art. XCIX. Les frais d'administration seront à la charge des États représentés dans la Commission Mixte. Ils y contribueront dans la proportion suivante: l'Autriche-Hongrie pour quatre dixièmes, la Roumanie pour quatre dixièmes, et la Bulgarie et la Serbie, chacune pour un dixième.
À la seconde réunion ordinaire, la Commission Mixte fixera son budget pour l'année suivante.
Les contributions des États seront faites d'avance pour chaque semestre. Les amendes perçues pour contravention au présent Règlement seront versées dans la caisse de la Commission Mixte, pour être affectées aux besoins du service.Officers. Art. C. Les agents ci-après désignés fonctionneront, chacun dans le ressort qui lui sera assigné, sous les ordres de la Commission Mixte, savoir:
- 1°. Un Inspecteur;
- 2°. Des Sous-Inspecteurs;
- 3° Des Capitaines de Port, pour autant que leur action s'exercera sur la voie fluviale;
- 4°. Un Secrétaire et des agents subalternes.
Art. CI. Les agents désignés à l'Article précédent seront choisis parmi des personnes compétentes; ils seront nommés et rétribués comme il suit:
L'Inspecteur sera nommé et rétribué par la Commission Mixte, ainsi que le Secrétaire et les agents subalternes.
Les Sous-Inspecteurs et Capitaines de Port seront nommés et rétribués par les États Riverains respectifs, lesquels feront part à la Commission Mixte de la nomination de ces agents ou de leur remplacement.
Les agents ci-dessus nommés, sauf les Sous-Inspecteurs et les Capitaines de Port, pourront être révoqués par la Commission Mixte.
Art. CII. L'Inspecteur est appelé à veiller par voie administrative à la stricte observation des dispositions du présent Règlement et à mettre de l'ensemble dans son application.
Sous ce rapport, il est considéré comme directement préposé aux Sous-Inspecteurs et aux Capitaines de Port. Sections.
Sections. Art. CIII. Le Danube entre les Portes de Fer et Braïla sera divisé sur la rive gauche en quatre sections d'inspection; dont
- La première s'étendra des Portes de Fer à Beket inclusivement;
- La seconde, de Beket jusqu'à Simnitza inclusivement;
- La troisième, de Simnitza jusqu'à Calarash-Silistrie;
- La quatrième, comprenant les deux rives, de Calarash-Silistrie jusqu'à Braïla exclusivement.
Sur la rive droite il sera divisé en trois sections; dont
- La première s'étendra des Portes de Fer jusqu'à l'embouchure du Timok;
- La seconde, du Timok jusqu'à Nicopolis inclusivement;
- La troisième, de Nicopolis jusqu'à Silistrie inclusivement; La résidence de chacun des Sous-Inspecteurs sera ultérieurement fixée par les États Riverains de concert avec la Commission Mixte.
Art. CIV. Les États Riverains prêteront à la Commission Mixte et à ses agents tout le concours dont elle pourra avoir besoin dans l'accomplissement de sa tâche.
Ports. Art. CV. Les ports ou échelles situés sur le parcours de chaque section fluviale et pour lesquels les États Riverains auront institué des Capitaines de Port, conformément aux dispositions du présent Règlement, ne seront pas compris dans le ressort du Sous-Inspecteur de la section. Les ports ou échelles seront placés sous la surveillance des Capitaines de Port, lesquels relèveront directement de l'Inspecteur et seront tenus de suivre ses instructions, pour tout ce qui concernera leur action sur la voie fluviale.
On entend par la dénomination de port, au sens du présent Règlement, toute la partie du fleuve comprise entre deux lignes droites partant, normalement aux rives, des limites d'amont et d'aval des dits ports ou échelles et se prolongeant jusqu'au thalweg.
Si la rive opposée appartient au même État, le port comprend également la partie du fleuve située au delà du thalweg, entre les deux lignes prolongées jusqu'à la dite rive, à moins toutefois qu'il n'existe sur cette rive, dans les mêmes eaux, un port ou échelle muni d'un Capitaine de Port.
Les bâtiments en cours de navigation et traversant les eaux d'un port, sans s'y arrêter, ne sont pas soumis à la juridiction des Capitaines de Port; l'Inspecteur et les Sous-Inspecteurs sont seuls compétents pour agir à l'égard de ces bâtiments.
Police. Art. CVI. Les attributions spéciales de la police judiciaire fluviale seront exercées par les Sous-Inspecteurs et les Capitaines de Port, par chacun dans son domaine de surveillance, et les appels seront portés devant la Commission Mixte, qui jugera en dernier ressort.
Si, dans l'exercice de leurs fonctions, les Sous-Inspecteurs avaient à relever des contraventions commises en dehors de leur ressort, ils constateraient ces contraventions et les porteraient à la connaissance du Sous-Inspecteur compétent.
Giurgevo. Art. CVII. La Commission Mixte aura son siége à Giurgevo.
Art. CVIII. Les Articles I, II, III, VI, VII, VIII, IX, et X, ainsi que les Articles XCVI à CVIII inclusivement du présent Règlement, ne pourront être modifiés qu'à la suite d'une entente des Puissances intéressées. Les autres Articles ne pourront être modifies par la Commission Mixte qu'avec le concours de la Commission Européenne du Danube.
- ↑ Parl. Papers, 1878, Turkey, No. 39, pp. 12, 137, 242.
- ↑ The provisions of the Treaty of San Stefano which were not wholly abrogated by the Treaty of Berlin, and thus continued to be in force between the parties to the former Treaty (12 out of a total of 29) relate to :—obstructions at the Sulina mouth of the Danube (Art. 13), amnesty (17, 27), the indemnity (19), law-suits in Turkey (20), the inhabitants of districts ceded to Russia (21), the renewal of treaties (23), the Straits (24), evacuation in Asia (25, 26), prisoners (28), ratification (29). The outstanding questions between Russia and Turkey, chiefly financial, were settled in the final Treaty of Peace, signed 8th February, 1879, and by the Convention of 14th May, 1882. See Appendix, No. II.
- ↑ Art. 33, with reference to the Aland islands, is in force, but has of course no reference to the Eastern question.
- ↑ Leaving also out of account Art. 63, as being only a confirmation of the treaties of 1856 and 1871.
- ↑ See Art. 4 of the Treaty, supra, p. 92, and the Protocol, supra, p. 95.
- ↑ See the Protocol, supra, p. 99.
- ↑ See the Treaty, supra, p. 100.
- ↑ See the Treaty, and annexed Convention, infra. Texts, No. I.
- ↑ See the Treaty, infra, Texts, No. V.
- ↑ Parl. Papers, 1878, Turkey, No. 29, pp. 270, 277.
- ↑ In a circular despatch of 31st October, 1870, N.R.G. xviii, 269.
- ↑ Texts, No. V.
- ↑ N. R. ii, 6.
- ↑ N. R. ii, 427.
- ↑ N.R.G. i, 208 ; F. de Martens, Recueil de Traités conclus par la Russie, iv, 1 P., p. 475.
- ↑ N.R.G. xvi, 2 P., 63.
- ↑ N.R.G. ib. 71.
- ↑ Prot. (4), N.R.G. xv, 647.
- ↑ Prot. (5), N.R.G. ib. 712.
- ↑ Parl. Papers, 1878, Turkey, No. 29; N.R.G. xvi, 2 P., 75.
- ↑ Ib. 42.
- ↑ Parl. Papers, 1878, Turkey, No. 29, p. 20.
- ↑ The revival of the Riverain Commission, contemplated by Art. 5 of the Treaty of London of 1871, has never taken place.
- ↑ N.R.G. xvi, 2 P., 50.
- ↑ Prot. (3), Parl. Papers, 1867, United Principalities, p. 20; N.R.G. xviii, p. 178.
- ↑ See the Act in Parl. Papers, 1878, Turkey, No. 29, p. 22; N.R.G. xviii, 144; infra, Texts, No. IV. As modified by the 'Acte Additionel' of 1881 (Texts, No. VII) it is still in force. The règlements annexed to the Act have been modified, in 1870 (N.R.G. xx, 401) and 1875 (N.R.G., 2me Série, vi, 573). Jurisdiction for the purposes of the Act was conferred upon British Consuls by an Order in Council, under the Foreign Jurisdiction Acts, of 9th April, 1866.
- ↑ Parl. Papers, 1868; N.R.G. xviii, 156. The Stat. 31 and 32 Vict. c. 126 authorizes Her Majesty to carry out this Convention.
- ↑ Texts, No. V.
- ↑ Texts, No. VI.
- ↑ The Congress (Prot. 11) had rejected the proposal of Austria that the whole river below the Iron Gates should be 'neutralised.'
- ↑ Parl. Papers, 1882, Danube, No. 1; N.R.G. 2me Série, viii, 207 (Texts, No. VII). The ratifications of this Act by the Powers were deposited in the archives of the Commission at Galatz on 20th May, 1882.
- ↑ Parl. Papers, 1883, Danube, No. 5; N.R.G. 2me Série, ix, 392; Texts, No. VIII.
- ↑ Treaty of Paris, Art. 22.
- ↑ Ib. Arts. 20, 21.
- ↑ N.R.G. xv, 2 P. 14.
- ↑ Convention of 19th August, 1858, Parl. Papers, 1859; N.R.G. xv, 2 P., 50.
- ↑ By Moldavia 17th January, and by Wallachia 5th February, 1859.
- ↑ N.R.G. xvii, 2 P., 82.
- ↑ Parl. Papers, 1867, United Principalities, p. 84.
- ↑ See Firman of 6th December, 1861, Parl. Papers, 1867, United Principalities, p. 85; N.R.G. xvii, 2 P., 87-91. The Guaranteeing Powers, in acknowledging the receipt of copies of this firman, plainly intimate their opinion that the concessions made by it could not afterwards be retracted. Ibid.
- ↑ Parl. Papers, 1867, u. s. p. 93 ; N.R.G. xviii, 161.
- ↑ He was naturalised by the Assembly by way of compliance with Art. 13 of the Convention of 19th August, 1858, which requires that the hospodar should be a native.
- ↑ Parl. Papers, 1867, u. s. pp. 1-82; N.R.G. xviii, 166-221.
- ↑ See the Firman in Parl. Papers, 1867, United Principalities, p. 79; N.R.G. xviii, 221.
- ↑ Parl. Papers, 1877, Turkey, 25, p. 181.
- ↑ Ib. p. 298.
- ↑ Art. 5.
- ↑ Arts. 43-47.
- ↑ Arts. 28, 29.
- ↑ Parl. Papers, 1862 ; N.R.G. xvii, 2 P., 109.
- ↑ N.R.G. xviii, 115.
- ↑ Art. 2.
- ↑ Arts. 34, 35.
- ↑ N.R.G. xv, pp. 736, 738.
- ↑ Procès-verbal of 8th November, 1858. Hertslet, Map of Europe by Treaty, p. 1353.
- ↑ Protocol of 17th April, 1860.
- ↑ 31st August, 1862, N. R. G. xvii, P. 2, p. 117. Cf. Protocols of 3rd May, 1864, ib. xviii, p. 110; and 26th October, 1866, ib. p. 112.
- ↑ Art. 2.
- ↑ Protoc. (10); Parl. Papers, 1878, Turkey, No. 39, p. 157.
- ↑ Art. 26.
- ↑ Arts. 6-11.
- ↑ Treaty of Berlin, Arts. 1-12.
- ↑ Arts.13-22.
- ↑ Art. 14.
- ↑ See Parl. Papers, 1877, Turkey, No. 2, p. 160.
- ↑ Art. 25.
- ↑ These two enclaves belonged to the Porte from 1597 to 1797, and in 1815 were restored to it by Austria, which however objected, especially in 1852 and 1876, to Ottoman troops being sent through them into the Herzegovina, declaring that the coast water on which they abut is Austrian. See the Treaty of Paris of 30th May, 1814; the Treaty of Vienna, of 9th June, 1815, Art. 93; and, for the correspondence in 1853, N.R.G. xv, 471; in 1876, Parl. Papers, Turkey, No. 1, p. 38.
- ↑ Supra, p. 60.
- ↑ Parl. Papers, 1856; N.R.G. xv, 770.
- ↑ For the Protocols of this Congress, which sat from 25th February to 16th March, 1856, see Parl. Papers, 1856; N.R.G. xv, 633.
- ↑ Supra, p. 100.
- ↑ I. e. 27th April, 1856.
- ↑ Interrupted as between the Sultan and the Emperor of Russia by the war of 1877.
- ↑ Re-assigned to Russia by Art. 58 of the Treaty of Berlin.
- ↑ So much, at least, of this Article must, since the events of 1877, be considered as obsolete.
- ↑ Under this Article the Porte on 24th April, 1877, appealed to the Powers to mediate between it and Russia. Parl. Papers, 1877, Turkey, No. 25, pp. 87, 104. Cf. Prot. 23 of the Congress of Paris, to the following effect: 'The Plenipotentiaries do not hesitate to express, in the name of their government, the wish that States between which any serious misunderstanding may arise, should, before appealing to arms, have recourse, as far as circumstances might allow, to the good offices of a friendly Power. The Plenipotentiaries hope that the governments not represented at the Congress will unite in the sentiment which has inspired the wish recorded in the present Protocol.' Parl. Papers, 1856, Eastern Papers.
- ↑ I. e. the Hatti-Humayoun of 18th February, 1856; q. v. Appendix No. I.
- ↑ Q. V. supra, p. 100. The 'ancient rule' had been recognised by Great Britain in the Treaty of the Dardanelles, of 5th January, 1809; and by Austria, Great Britain, Prussia and Russia, in the Treaty of London of 15th July, 1840, and Protocol (1) of the same date, and in the Protocol of 13th July, 1841 (supra, pp. 92, 95, 99).
- ↑ The provisions of the annexed Act, q. v. infra, p. 255, were supplemented by Art. 2 of the Treaty of London (Texts, No. V), but were not affected by the Treaty of Berlin (Texts, No. VI).
- ↑ Cf. Treaty of London, 1871, Arts, 1, 2, 3.
- ↑ This Article, and Articles 13 and 14, are abrogated by Art. 1 of the Treaty of London.
- ↑ The exception relates to the two light vessels which each of the signatory Powers might station at the mouths of the Danube.
- ↑ Cf. Art. 3 of the Treaty of London.
- ↑ Q. v. infra, p. 258.
- ↑ Cf. Infra, Texts, Nos. III−VIII.
- ↑ Q. v. supra, p. 227.
- ↑ How far this has been done has been much questioned.
- ↑ The prohibition of levying tolls was, by Art. 6 of the Treaty of 1871, suspended as to that part of the river where the cataracts and the Iron Gates offer impediments to navigation. See also Art. 5 of the Treaty of 1883 (Texts, No. VIII).
- ↑ Germany and Italy have taken the place of Prussia and Sardinia among the Powers represented on the Commission. Roumania has been added to them by Art. 53 of the Treaty of Berlin.
- ↑ The authority of the Commission was extended upwards to Galatz by Art. 53 of the Treaty of Berlin, and to Ibraila by Art. 1 of the Treaty of London, 1883 On the history of this Commission, v. supra, p. 230.
- ↑ The Commission has prepared several Navigation Acts for the Lower Danube. Those now in force are the Act of 2nd November, 1865 (Texts, No. IV), with the 'Acte additionel' of 28th May, 1881 (Texts, No. VII), v. supra, p. 231.
- ↑ This Commission, instead of being permanent, practically ceased to exist after the disallowance of its Navigation Act by the Powers in 1859; although its reconstitution was contemplated by Art. 17 of the Treaty of London of 1871. On its history, v. supra, p. 230.
- ↑ None of the provisions of this Article have been complied with. The Riverain Commission within the two years succeeded only in producing an Act to which the Powers refused their sanction, and, so far from permanently taking the place of the European Commission, thereupon ceased to exist. The European Commission, on the other hand, instead of being dissolved, after completing its task, in 1858, has been prolonged from time to time, and is now to continue at least to the year 1904. Vid. supra, p. 233.
- ↑ This right was reserved when the Black Sea was neutralized by Art. 11.
- ↑ Some controversy having arisen as to these two Articles, it was provided by a Protocol signed at Paris, 6th January, 1857, to have the force of a convention, that the boundary should be traced in detail by a Delimitation Commission by 30th March, at which date the Austrian troops were to have evacuated the Principalities, the British squadron to have left the Black Sea, and the Straits Convention to come into operation; also that the Delta of the Danube and the Isle of Serpents should be under the direct sovereignty of the Porte. (Parl. Papers, 1857; N. R. G. xv, 793.) The Delimitation Commissioners signed their Definitive Act at Kischeneff, 30th March, 1857 (N. R. G xx, 4), drawing the frontier line north of Bolgrad, and a Treaty was signed at Paris, 19th June, 1857, by the representatives of the Powers there, superseding the Protocol by embodying its provisions, and adopting the Act of the Delimitation Commission. (Parl. Papers, 1858; N. R. G. xvi, 2 P., II, Texts, No. III.) By Art. 45 of the Treaty of Berlin the portion of the Bessarabian territory detached from Russia by the Treaty of Paris, bounded on the west by the mid-channel of the Pruth, and on the south by the mid-channel of the Kilia branch and the Stary-Stamboul mouth, is restored to Russia. By Art. 46 the Delta of the Danube and the Isle of Serpents are added to Roumania.
- ↑ By the Treaty of Berlin this territory became the property of Roumania, and by Art. 45 is restored by it to Russia.
- ↑ Cf. supra, p. 233, Arts. 43−51 of the Treaty of Berlin.
- ↑ V. supra, p. 234.
- ↑ Cf. supra, p. 236, and Arts. 34−42 of the Treaty of Berlin.
- ↑ I. e. of 15th August, 1830, and 24th December, 1838; Legislation Ottomane, ii. pp. 56, 60.
- ↑ V. supra, p. 236.
- ↑ V. supra, p. 236.
- ↑ Cf. Arts. 58−60, of the Treaty of Berlin.
- ↑ The Final Act of this Mixed Commission was signed at Constantinople on 5th December, 1857; N.R. G. xx, 13. See also the Protocol of the Conference of Paris of 28th April, 1858; N. R. G. ib. 18. A Supplementary Act was signed on 11th September, 1858, at Hadji-Bairam. Ibid.
- ↑ New Commercial Treaties have probably been made with the Porte by all the signatory Powers.
- ↑ This Article has no reference to the Eastern Question.
- ↑ Ratifications were exchanged on 27th April, 1856.
- ↑ By the Protocol of 6th January, 1857, it was agreed that this Convention should come into operation on 30th March of that year. See notes to Arts. 20 and 21 of the Treaty of Paris. It is still in force, but is supplemented by Art. 2 of the Treaty of 1871. For certain reserves made with reference to the Straits by the Plenipotentiaries of Great Britain at the Congress of Berlin, see Parl. Papers, 1878, Turkey, No. 29, pp. 270, 277. Supra, p. 226.
- ↑ Under this expression military transports are admittedly included, and the passage of Russian vessels of the kind has been repeatedly complained of by the Porte.
- ↑ See the further exception introduced by Art. 2 of the Treaty of London of 1871.
- ↑ Abrogated by Art. 1 of the Treaty of London of 1871.
- ↑ The ratifications were exchanged on 27th April, 1856.
- ↑ It can hardly be doubted that after the events of 1878 this treaty is no longer in force. See Lord Salisbury to M. Waddington, Parl. Papers, 1878, Turkey, No. 48, p. 1.
- ↑ Cf. Art. 7 of the Treaty of Paris.
- ↑ Ratifications were exchanged on 29th April, 1856.
- ↑ Parl. Papers, 1858; N. R. G. xvi. 2, p. 11.
- ↑ See now Art, 46 of the Treaty of Berlin, the Additional Act, Texts, No. VII, and the Treaty of 1883, Texts, No. VIII.
- ↑ Cf. Art. 56 of the Treaty of Berlin, and Art. 5 of the Additional Act, Texts, No. VII.
- ↑ The ratifications were exchanged on 31st December, 1857.
- ↑ This Act was ratified at the sitting of the Conference at Paris on the 38th March, 1866. Cf. supra, p. 231.
- ↑ See Art. 53 of the Treaty of Berlin, and Art. 1 of the Treaty of 1883.
- ↑ Under the Treaty of Berlin, this branch flows through the territory of Roumania.
- ↑ This Regulation has been several times revised and reissued.
- ↑ See now Art. 2 of the Additional Act, Texts, No. VII.
- ↑ It seems now to be unlikely that this Article will take effect.
- ↑ This Tariff has been several times revised and reissued.
- ↑ See now Art. 3 of the Additional Act, Texts, No. VII.
- ↑ See Art. 5 of Additional Act.
- ↑ See now Art. 6 of the Additional Act.
- ↑ Cf. Art. 7 of the Treaty of 1871.
- ↑ Parl. Papers, 1871; N. R. G. xviii, 303. For the Protocols of the Conferences held at London from 17th January to 14th March, 1871, see Parl. Papers, 1871; N. R. G. xviii, 273.
- ↑ Supra, p. 255.
- ↑ Cf. Art. 12 of the Treaty of Paris, supra, p. 247.
- ↑ Extended, by Art. 53 of the Treaty of Berlin, to Galatz; and by Art. 1 of the Treaty of 1883, to Ibraila.
- ↑ Roumania was added to it by Art. 53 of the Treaty of Berlin.
- ↑ This period was further prolonged, by Art. 2 of the Treaty of London of 1883 (Texts, No. VIII), to at least to 24th April, 1904. Cf. supra, p. 233.
- ↑ This guarantee was given by a Convention, signed at Galatz on 30th April, 1868, q. v. Parl. Papers, 1868; N. R. G. xviii, 156. By Art. 1, the loan was not to exceed £135,000, and by Art. 2 the duration of its redemption was not to exceed 13 years from 1st January, 1871.
- ↑ No such Convention has been made, and the duties originally entrusted to the Riverain Commission have been entrusted to the European Commission by the Treaty of 1883 (Texts, No. VIII).
- ↑ By Art. 57 of the Treaty of Berlin, these provisions are maintained in favour of Austria-Hungary.
- ↑ I.e. The neutrality claimed by Art. 21 of the Navigation Act of 2nd November, 1865 (Texts, No. IV), and allowed by the Paris Conference, 28th March, 1866. Cf. supra, p. 231.
- ↑ This right is now taken away by Art. 52 of the Treaty of Berlin.
- ↑ Cf. Art. 63 of the Treaty of Berlin, and Art. 8 of the Treaty of 1883.
- ↑ The ratifications were by agreement actually exchanged on 15th May, 1871.
- ↑ Parl. Papers, 1878, Turkey, No. 44; N. R. G. 2me Série, iii, 449.
- ↑ Art. 7, supra, p. 245.
- ↑ Cf. supra, p. 238.
- ↑ The ambiguous status of the Principality has given rise to some difficulties. The Porte having instituted a 'bureau for the privileged provinces,' viz. the Levant, Samos, Crete, Eastern Roumelia and Bulgaria, and having directed the agent of Bulgaria at Constantinople to correspond with it, the Principality insisted on being allowed to correspond with the Foreign Office, and, after a temporary suspension of communications, established its claim to do so in September, 1882. The Porte also complained that the Prince, in opening a session of the Sobranje, had used the expressions: 'Sovereign,' 'throne,' and 'independence.'
- ↑ This Commission, on which Great Britain was represented by Col. Home and afterwards by General Hamley, met on 21st October, 1878, and completed its task on 24th September, 1879. Parl. Papers, 1879, Turkey, No. 2, 1880; N. R. G. v, 507−701. The Act as to the Roumanian frontier, from Silistria to Mangalia, was signed on 17th December, 1878, the Act as to the frontier towards Eastern Roumelia, from the Black Sea to Cadir Tepe, on 14th August, 1879, and Acts as to the Danubian, Macedonian, and Servian frontiers, together with lists of islands assigned to Roumania and Turkey respectively, on 20th September, 1879.
- ↑ All the Commissioners, the Russian excepted, decided on fixing this point 800 yards from the outworks of Silistria, where alone in that neighbourhood a bridge could be thrown over the Danube. The Russian Commissioner objected that the Arab Tabia fortress, which commands Silistria, would thus fall within the territory of Roumania. The Roumanians urged in reply that this fortress would be razed, under Art. 52 of the Treaty, and proceeded to occupy it. It was at length agreed that the best position for a bridge should be fixed by a technical commission, which accordingly met on the spot, and after sitting from 27th October to 9th November, 1879, confirmed the previous decision. Parl. Papers, 1880, Turkey, No. 2; N, R. G. vi, 155−224. New difficulties have, however, been raised, and the question remained unsettled in March, 1885.
- ↑ No other Delimitation Commission is provided for by the Treaty, but in August, 1878, Russia urged the appointment of three such Commissions in Europe and one in Asia. Lord Salisbury thought that the appointment of a Commission for Asia must be postponed, on account of the unsettled state of the country, but concurred in the appointment of Commissions for Bulgaria, Montenegro, and Servia. The regular course would have been that the work of the Commissions should be sanctioned by the Porte and then confirmed by the Powers. The long delay of the Porte to sanction the acts of the Commissions was given as a reason for the delay on the part of the Powers to calculate the amount of the tribute payable by Bulgaria, or the proportion of the Ottoman debt to be borne by the liberated Principalities in respect of newly acquired territory.
- ↑ Prince Alexander of Battenberg was elected hereditary Prince of Bulgaria by the Assembly on 29th April, 1879, and swore to observe the constitution on 9th July following.
- ↑ The election was confirmed by a Firman of investiture of 25th July, 1879; N. R. G. 2me Série, v. 506.
- ↑ The Assembly was elected on 31st December, 1878.
- ↑ It met there on 26th February, 1879.
- ↑ This was adopted on 28th April, 1879. It consisted of 170 Articles (Parl. Papers, 1879, Turkey, No. 8). It was suspended by a proclamation of l0th May, 1881, ratified on 13th July by a new Assembly, which conferred on the Prince extraordinary powers for seven years, but was reestablished on 19th September, 1883.
- ↑ By a convention signed on 28th July, 1883, between Bulgaria and Russia, the Principality undertakes to pay the expenses of the occupation, N. R. G. 2me Série, ix, 673.
- ↑ The British Consul was thus delegated on 30th September, 1878.
- ↑ The ratifications were exchanged on 3rd August, 1878. The proclamations of the Czar to the Bulgarians, of the Principality and of Eastern Roumelia respectively, counselling submission to their new rulers, are dated 11h April, 1879; N. R. G. 2me Série, v, 504.
- ↑ In May, 1883, German newspapers complained that the Principality was attempting to evade the Capitulations, by claiming jurisdiction over foreigners for the ordinary courts.
- ↑ The amount of the tribute and of the debt was not fixed as herein provided. Till the assent of the Porte had been given to the decisions of the Delimitation Commissioners, the Powers declined to move in the matter; but this having been given in August, 1881, a Conference upon the subject was held at Constantinople on 17th September following, but adjourned in consequence of a representation from the Russian delegate, to the effect that the total amount of the Ottoman debt had not yet been ascertained by the financial Commission recommended by the 18th Protocol of the Congress. Turkey having on 20th December arranged with her creditors, the Conference reassembled in the spring of 1882, when further difficulties were raised with reference to the war indemnity, as security for which Russia wished the Bulgarian tribute to be assigned to her. The indemnity question was, however, otherwise settled by the Convention of 14th May, 1882 (q. v. Appendix, No. II).
- ↑ Bulgaria has repudiated any liability for arrears due by the Porte to the Rustchuk-Varna Railway Company, but was urged to submit the interpretation of this Article to the signatory Powers. (See Correspondence 1878−84 in Parl. Papers, 1884, Commercial, No. 13.) The negotiation has continued, and a Convention was concluded with the Company, which was, however, rejected by the Assembly on 12th February, 1885.
- ↑ Cf. Art. 38. A Railway Convention between Austria and Servia was signed on 8th July, 1878; N. R. G. 2me Série, viii, 319: varied by another, signed on 9th April, 1880, ibid, vi, 366, A Conference à Quatre of the governments mentioned in this Article sat at Vienna during the first half of 1881, but broke up on 20th June, without having obtained the assent of the Porte to the arrangement to which the others had agreed. Its sittings were resumed, and a Convention was signed on 9th May, 1883, and ratified by the four governments on 23rd October; N. R.G. 2me Série, ix, 720. Under this Convention the lines connecting Belgrade with Constantinople and Salonica are to be completed by 15th October, 1886. Delays have been occasioned in the commencement of these lines by difficulties as to the junctions (decided, with reference to a junction near Pirot, in May, 1884, and to one near Vrauja in January, 1885), and also by disputes between the Porte and Baron Hirsch, as representing the E. Railway Company. In January, 1885, the Porte agreed with the Ottoman Bank and the Comptoir d'escompte for the formation of a Turkish Company to unite the Turkish and Servian lines by the date fixed.
- ↑ On the delay which has taken place in carrying out this provision, see Parl. Papers, 1881, Turkey No. 4, pp. 18, 63.
- ↑ In 1883 there were discussions between the Porte and the Bulgarian Government, the former maintaining that the property of Mussulmans in Bulgaria was protected by this Article, though not claimed within three years, a circumstance which in Turkey would bar a claim to land. In January, 1885, the Porte addressed the Powers on the illegal sequestration by the Bulgarian Government of the property of Turkish subjects.
- ↑ Cf. supra, p. 238.
- ↑ Such a division of Bulgaria had been proposed in 1876, at the Conference of Constantinople. Parl. Papers, 1877, Turkey, No. 2, p. 83; No. 14, p. 194.
- ↑ At the first meeting of the Delimitation Commissioners for Bulgaria, certain of its members separated themselves from it to form a Delimitation Commission for the Southern frontier of Eastern Roumelia. It sat, with much interruption, from 28th October, 1878, to 25th October, 1879. Major Gordon was the British Commissioner. Parl. Papers, 1879, Turkey, No. 2, and 1880, Turkey, No. 2; N. R. G. 2me Série, v, 254−350.
- ↑ The Sultan declared his intention of not at present garrisoning the Balkans.
- ↑ Prince Vogorides, a Bulgarian Christian, known as Aleko Pasha, was accordingly appointed by a Firman of 17th May, 1879, Parl. Papers, 1879, Turkey, No. 9; N. R. G. 2me Série, v, 250. He was succeeded, in May, 1884, by Gabriel Pasha Crestovitch.
- ↑ Sir H. D. Wolff and Lord Donoughmore were appointed as the British members of the Commission in August, 1878.
- ↑ The work actually took nine months.
- ↑ The Organic Statute was signed by the representatives of all the Powers on 26th April, 1879, and was confirmed by a Firman of 17th May. Parl. Papers, 1879, Turkey, No. 9; N. R. G. v, 250. By this Statute the revenue of the Province is estimated at £T.800,000, of which , or £T.240,000 was assigned as Tribute to the Porte, and by it assigned to the bondholders on 20th December, 1881. The whole revenue however amounting annually only to £T.6oo,ooo, the Assembly, on 20th December, 1882, passed a law valuing the revenue accordingly for five years, and reducing the tribute during that period to £T.180,000. The Porte in 1883 and 1884 refused to sanction budgets framed on these reduced estimates, but early in 1885 seemed inclined to agree to them.
- ↑ This was done by a financial sub-committee.
- ↑ » Cf. infra, Art. 62.
- ↑ In March, 1882, the Russian representative claimed 23,000,000 fr. as the expense of nine months' occupation of Eastern Roumelia. A Convention with Russia, as to the cost of the occupation of Bulgaria, was ratified by the Assembly of the Principality on 8th October, 1883.
- ↑ This was explained by Lord Salisbury to mean that the occupation with 50,000 men should cease on 3rd May, 1879. The evacuation actually began about that date, and was complete by 1st August.
- ↑ It was stated by Lord Salisbury that on 14th August, 1879, no Russian soldier remained south of the Pruth. The necessity for a joint occupation of Eastern Roumelia, after the departure of the Russians, was discussed, but it was decided to prolong the powers of the Commission for a year.
- ↑ Cf. supra, p. 73; for the law of 1868, p. 77; and for the Firman issued in November, 1878, in pursuance of this Article, p. 83.
- ↑ Supra, p. 81.
- ↑ The appointment of these special Commissions was urged by Sir A. H. Layard, in a note verbale of 27th June, 1879. Ultimately, instead of appointing them, the Porte drew up a draft organic law, following substantially the Statute for Eastern Roumelia, and sent it to be examined at Adrianople, Salonica, &c., with a view to its adaptation to local requirements. It then, in April, 1880, invited the Powers to reassemble the Eastern Roumelia Commission for the examination of the drafts as thus modified. The Commission, on which Lord Edmond Fitzmaurice was now the British representative, met accordingly, and by its final act, signed on 23rd August, 1880, approved the drafts, and adjourned sine die. It also recommended to the Porte, as suitable for the government of Albania, a scheme prepared by the Commissioners of Austria and France. Parl. Papers, 1880, Turkey, No. 16.
- ↑ Q. V. supra, p. 25.
- ↑ Supra, pp. 25−27, 60−69.
- ↑ The Austrians issued a Proclamation on 28th July, 1878 (N. R. G. 2me Série, iii, 467). On the following day their troops crossed the Save into Bosnia, and a few days later entered Herzegovina from Dalmatia. Resistance collapsed towards the end of September. A law including these provinces in the Austrian customs-union was passed on 20th December, 1879.
- ↑ A Convention was accordingly signed on 21st April, 1879, by which Austria is to give notice before sending troops to Novi-bazar. Their presence there is not to interfere with the Ottoman administration, or with the simultaneous presence there of Ottoman troops. By an Annexe, Austria states her intention for the present only to place troops at three points, 4000 or 5000 in all. Should she wish to send more, she will act under Art. 7 (N. R. G. 2me Série, iv, 423; see also Appendix, No. IV). In September, 1879, the Austrians occupied the Sandjak of Novi-bazar, causing a violent outbreak in the Russian press, which however subsided when Prince Bismarck paid a visit to Vienna.
- ↑ Cf. supra, p. 237.
- ↑ I. e. by England and Turkey, cf. supra, p. 238.
- ↑ Religious differences are unimportant in Montenegro, where there are few Catholics and no Jews.
- ↑ The frontier had been agreed upon in principle during the sittings of the Congress by the Austrian and Russian Commissioners (cf. Prot. 12), but details remained to be settled by the Delimitation Commission for Montenegro, on which Capt. Sale was the British representative. It met on 30th April, 1879, but in the face of a protest from the Albanian league, and the practical difficulties of fixing a satisfactory frontier between Gusinje Plava and the plain of Podgoritza, gave up the attempt to carry out the Treaty in this respect, and separated for the winter on 8th September, after having suggested to the Porte an exchange of Kuci Kraina for the Mussulman part of Gusinje Plava. (Parl. Papers, 1880, Turkey, No. 2; N. R. G. 2me Série, v, pp. 351−484). The proposed substitution, known as 'the Corti compromise,' was embodied in a Convention between the Porte and Montenegro, of 12th April, 1880, which was sanctioned by the Powers in a Protocol signed on 18th April. (Parl. Papers, 1880, Turkey, No. 2, 1881, Turkey, No. 1; N. R. G. 2me Série, v, pp. 701, 703). The arrangement failed, in consequence of the Turkish commander not giving due notice of his intention to evacuate the forts on the Podgoritza plain, which thus fell into the hands of the Albanians. The British Consul at Scutari then suggested that Dulcigno should be handed over to Montenegro instead of Kuci Kraina. This proposal, having been accepted by Montenegro, was submitted to the Porte, on 18th August, 1880, and accepted by it, but it was not till 27th November that the place was given up, and then only under the pressure of a naval demonstration of the combined fleets, which took place from 14th September to 5th December. There then remained to be settled only the line of frontier east of the lake of Scutari, but the efforts of the Commissioners of Montenegro and Turkey to accomplish this have been impeded by the resistance of the Albanian tribes. At last, on 29th December, 1884, a Convention was signed at Constantinople, on behalf of Turkey and Montenegro, for delimitation and final settlement to the following effect: The line is drawn from Dulcigno to Planinitza, thence crossing Tomookamen it extends to Mount Golesh, thence to Mokravelika, following the limits of the Christian villages ceded to Montenegro, and afterwards the line traced by Count Corti.
- ↑ See note to Art. 28.
- ↑ Spizza, which dominates the port of Antivari, was incorporated into the Austrian Empire by a law of 15th April, 1879.
- ↑ Non-compliance with this provision was given by the Porte in March, 1884, as its reason for delaying the settlement of the frontier question.
- ↑ See an arrangement, which was however not acted on, N. R. G. 2me Série. v, 469.
- ↑ See note to Art. 9.
- ↑ Supra, p. 236; cf. Treaty of Paris, Arts, 28, 29.
- ↑ Servia proclaimed its independence on 21st August, 1878. A British Minister was accredited to it on 3rd March, 1879. On 6th March, 1882, the Prince, on the invitation of the Skuptschina, accepted the title of King, N.R.G. 2me. Série, ix, 231.
- ↑ The Delimitation Commission for Servia, on which Great Britain was represented by Major Wilson, and afterwards by Capt. Anderson, assisted by Lieut. Ross of Bladensburg, sat from 22nd October, 1878, till it adjourned for the winter, and again from 9th May to 19th August, 1879. Its tracing of the frontier between Servia and Bulgaria was adopted by the Bulgarian Delimitation Commission. Parl. Papers, 1880, Turkey, No. 2; N. R. G. 2me Série, vi, 267−354. Differences which arose in 1884 between Servia and Bulgaria with reference to territory near Bregovo were considered by representatives of Germany, Austria, and Russia, who recommended the cession of the place to Bulgaria in return for other territory or a money compensation.
- ↑ A Treaty of Commerce with Servia was made by Great Britain on 7th February, 1880. Parl. Papers, 1880, Commercial, No. 27; N. R. G. 2me Série, vi, 459; by Austria on 6th May, 1881.
- ↑ Italy made a Consular Convention with Servia on 28th October, and an Extradition Treaty on 9th November, 1879. N. R.G. 2me Série, vi, 644−655. Russia relinquished her rights of Consular jurisdiction by a notification of 13th May, 1868.
- ↑ By an interchange of notes between Austria and the Porte in 1875, the latter had undertaken to connect its railways with the Austrian system.
- ↑ Cf. supra, p. 285.
- ↑ Cf. supra, p. 233; Treaty of Paris, Arts. 22−27; Treaty of 19th June, 1857.
- ↑ Cf. supra, p. 236. Roumania had proclaimed its independence on 22nd May, 1877. The Prince assumed the title of Royal Highness in September, 1878, and of King on 26th March, 1881. He was crowned on 22nd May, 1881.
- ↑ In August, 1879, the Powers had nearly agreed to employ coercion to obtain the performance of these conditions (on the stringent nature of which, see Tanoviceano, La Question Juive en Roumanie, 1882), but the Chambers having in November repealed Art. 7 of the Constitution of 1866 (Lég. Ottom. ii. 96) which excluded non-Christians from naturalisation, identical notes were presented, on 20th February, 1880, to the Roumanian Minister for Foreign Affairs by the agents of Germany, France, and Great Britain, announcing the intention of their Governments to enter into diplomatic relations with the country. Austria, Italy, and Russia had previously taken this step. The large number of Jews in Roumania (400,000, it is said, in a total population of 4,500,000) has however continued to give rise to difficulties. Individual naturalisation is required before full political rights can be acquired, and foreigners are incapable of holding land.
- ↑ The retrocession having been voted by the Roumanian Chambers, the Russian Commissioners entered Bessarabia on 13th October, 1878.
- ↑ The Roumanian troops entered the Dobroutcha from Ibraila on 26th November, 1878.
- ↑ Cf. note to Art. 2, supra, p. 280.
- ↑ Russia had partially relinquished her rights of Consular jurisdiction in Roumania on 29th November, 1869. A Treaty of Commerce was made with Roumania by Great Britain on 5th April, 1880, N. R. G. 2me Série, 451.
- ↑ Cf. 6. g. Art. 4 of Treaty of 1857, Arts. 4, 5 of Danube Act, 1865.
- ↑ Cf. supra, p. 227 ; Arts. 15-19 of the Treaty of Paris; Arts. 2-5 of the Treaty of 19th June, 1857; the Navigation Act of 1865 ; Arts. 4-7 of the Treaty of London of 1871 ; the Additional Act of 1881 ; the Treaty of London of 1883.
- ↑ This does not seem to have been accomplished, although some fortresses have been dismantled, but much complaint has been made of the delay which has taken place in carrying out the directions of this Article.
- ↑ N. B. The right reserved for Turkey in Art. 7 of the Treaty of London is here abrogated.
- ↑ By the Treaty of London of 1883, as far as Ibraila.
- ↑ Viz. except as modified, the Treaty of Paris, Arts. 15-19 ; the Treaty of 19th June, 1857, Arts. 2-5 ; the Protocol of 28th March, 1866, confirming the Navigation Act of 2nd November, 1865; the Treaty of London of 1871, Arts. 4-7. Cf. Art. 8 of the Treaty of 1883 (Texts, No. VIII).
- ↑ I. e. at this date, 24th April, 1883.
- ↑ Which was done by the Treaty of London of loth March, 1883.
- ↑ For a history of the proceedings under this Article, v. supra, p. 232.
- ↑ Cf. Art. 46, supra, and Art. 4 of the Treaty of 19th June, 1857.
- ↑ Batoum was not surrendered till 6th September, 1878. It was stated at the Congress that evacuations in Europe would alone be provided for by the European Convention ; evacuations in Asia being left to be arranged by Russia and Turkey.
- ↑ This point was fixed by a mixed Commission, on which Major-General Hamley was the chief British representative, at Stamboul on 17th May, 1880.
- ↑ The new frontier, from the point near Karaougan, was fixed as is described in the note to Art. 60, infra. The 'former frontier of Russia' is a portion of that laid down in 1857, 1858, by the Delimitation Commission appointed under Art, 30 of the Treaty of Paris. Supra, p. 253.
- ↑ I. e. open to ships of all nations, without payment of customs on goods re-exported.
- ↑ The territory thus retroceded is traversed by an important caravan route. The following agreement was signed at Berlin, on 12th July, 1878, on behalf of Great Britain and Russia :
'The more detailed tracing of the line of the Alashkerd shall be carried out on the spot, in conformity with the Treaty of Berlin, by a military Commission, composed of a Russian ofl&cer, an Ottoman officer, and an English officer. SALISBURY. SCHOUVALOFF.'
This agreement was carried out by a Commission, on which Major-General Hamley was the principal British representative, and the new frontier was traced from the point near Karaougan to the point where it falls into the former frontier near Mount Tendourek. See the Protocols, and final Act signed at Kara Kilissa on nth August, 1880, in Pari. Papers, 1881, Turkey, No. 10.
- ↑ It was not till May, 1883, that the Porte intimated its acceptance of the proposed delimitation of this territory.
- ↑ These provinces are said to contain about 1,000,000 Christians as against 800,000 Mahomedans. Little has been done towards compliance with this Article (iwrhich reproduces Art. 16 of the Treaty of San Stefano), although attention has been repeatedly called to the subject in the British Parliament, especially by Mr. Bryce. See Pari. Papers, 1880, Turkey, Nos. 4, 23, 1881, Turkey, No. 6. A scheme of reform was submitted to the Porte by the Ambassadors of the Powers at Constantinople on 9th February, 1882.
- ↑ The representative of the Porte at the Brussels Conference maintained that these provisions were only declaratory of what was already the law in Turkey, and apparently with reason ; see Appendix, No. I.
- ↑ Note the special character of this provision.
- ↑ Cf. the recitals of the Treaty, supra, p. 272.
- ↑ Ratifications were exchanged on 3rd August, 1878, except that the formal ratification by Turkey arrived somewhat later.
- ↑ Parl. Papers, 1882, Danube, No. i ; N. R. G. 2me Série, viii, 207. Cf. supra, p. 231.
- ↑ Supra, p. 263, Texts, No. IV.
- ↑ By Art. i of the Treaty of 1883, Texts, No. VIII, to Ibraila.
- ↑ The ratifications of all the signatory Powers were so deposited accordingly on 20th May, 1883.
- ↑ Parl. Papers, 1883, Danube, No. 5 ; N. R. G. 2^0 Sdrie, ix, 392.
- ↑ Supra, p. 232. Roumania was dissident.
- ↑ Cf. note to Art. 53 of the Treaty of Berlin.
- ↑ This long interval was fixed in the hope of gaining the approval of Roumania. Ratifications were exchanged, at the Foreign Office in London, on 21st August by Germany, Austria, France, Great Britain, and Italy, on 24th August by Russia, and on 25th October by the Porte. N. R. G. 2me Série, ix, 395.
