THE FOLLOWING ARE THE MOST IMPORTANT ARTICLES OF THE TREATY, SIGNED BY THE REPRESENTATIVES OF THE GREAT POWERS, AT THE END OF THE CRIMEAN WAR.
THE FOLLOWING ARE THE MOST IMPORTANT ARTICLES OF THE TREATY, SIGNED BY THE REPRESENTATIVES OF THE GREAT POWERS, AT THE END OF THE CRIMEAN WAR.
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 common the strict observance of that engagement, and will, in consequence, consider any act tending to its violation as a question of general interest.
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.
Art. IX. His Imperial Majesty the Sultan, having, in his constant solicitude for the welfare of his subjects, issued a firman which, while ameliorating their condition without distinction of religion or of race, records his generous intentions towards the Christian population 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 recognize 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.
Art. XI. 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. of the present Treaty.
Art. XIII. The Black Sea being neutralized according to the 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. XXII. The Principalities of Wallachia and Moldavia shall continue to enjoy, under the suzerainty of the Porte, and under the guaranteeof 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 be no separate right of interference in their internal affairs.
Art. XXVIII. The Principality of Servia shall continue to hold of the Sublime Porte, in conformity with the Imperial Hats which fix and determine its rights and immunities, placed henceforward 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.
Art. XXIX. The right of garrison of the Sublime Porte, as stipulated by anterior regulations, is maintained. No armed intervention can take place in Servia without previous agreement between the High Contracting Powers.
Treaty between Her Majesty, the Emperor of Austria, and theEmperor of the French, guaranteeing the Independence andIntegrity of the Ottoman Empire.
Signed at Paris, April 15, 1856.Ratifications exchanged at Paris, April 29, 1856.
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.
Art. II. Any infraction of the stipulations of the said Treaty will be considered by the Powers signing the present Treaty ascasus 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.
THE DENUNCIATION OF THE TREATY OF PARIS.Earl Granville to Sir A. Buchanan.
FOREIGN OFFICE,Nov. 10, 1870.
Sir,—Baron Brunnow made to me yesterday the communication respecting the Convention between the Emperor of Russia and the Sultan, limiting their naval forces in the Black Sea, signed at Paris on the 30th of March, 1856, to which you allude in your telegram of yesterday afternoon.
In my despatch of yesterday I gave you an account of what passed between us, and I now propose to observe upon Prince Gortschakoff'sdespatches of the 19th and 20th ult., communicated to me by the Russian Ambassador on that occasion.
Prince Gortschakoff declares, on the part of His Imperial Majesty, that the Treaty of 1856 has been infringed in various respects to the prejudice of Russia, and more especially in the case of the Principalities, against the explicit protest of his representative, and that, in consequence of these infractions, Russia is entitled to renounce those stipulations of the Treaty which directly touch her interests.
It is then announced that she will no longer be bound by the Treaties which restrict her rights of sovereignty in the Black Sea.
We have here an allegation that certain facts have occurred which, in the judgment of Russia, are at variance with certain stipulations of the Treaty, and the assumption is made that Russia, upon the strength of her own judgment as to the character of those facts, is entitled to release herself from certain other stipulations of that instrument.
This assumption is limited in its practical application to some of the provisions of the Treaty, but the assumption of a right to renounce any one of its terms involves the assumption of a right to renounce the whole.
This statement is wholly independent of the reasonableness or unreasonableness, on its own merits, of the desire of Russia to be released from the observation of the stipulations of the Treaty of 1856 respecting the Black Sea.
For the question is, in whose hand lies the power of releasing one or more of the parties from all or any of these stipulations?
It has always been held that that right belongs only to the Governments who have been parties to the original instrument.
The despatches of Prince Gortschakoff appear to assume that any one of the Powers who have signed the engagement may allege that occurrences have taken place which in its opinion are at variance with the provisions of the Treaty; and, although this view is not shared nor admitted by the co-signatory Powers, may found upon that allegation, not a request to those Governments for the consideration of the case, but an announcement to them that it has emancipated itself, or holds itself emancipated, from any stipulations of the Treaty which it thinks fit to disprove. Yet it is quite evident that the effect of such doctrine, and of any proceeding which, with or without avowal, is founded upon it, is to bring the entire authority and efficacy of Treaties under the discretionary control of each one of the Powers who may have signed them; the result of which would be the entire destruction of Treaties in their essence. For whereas their whole object is to bind Powers to one another, and for this purpose each one of the parties surrenders a portion of its free agency, by the doctrine and proceeding now in question one of the parties, in its separate and individual capacity, may bring back the entire subject into its own control, and remains bound only to itself.
Accordingly, Prince Gortschakoff has announced in these despatches the intention of Russia to continue to observe certain of the provisions of the Treaty. However satisfactory this might be in itself, it is obviously an expression of the free will of that Power, which it might at any time alter or withdraw; and in this it is thus open to the same objections as the other portions of the communications, because it implies the right of Russia to annul the Treaty on the ground of allegations of which she constitutes herself the only judge.
The question therefore arises, not whether any desire expressed by Russia ought to be carefully examined in a friendly spirit by the co-signatory Powers, but whether they are to accept from her the announcement that, by her own act, without any consent from them, she has released herself from a solemn covenant.
I need scarcely say that Her Majesty's Government have received this communication with deep regret, because it opens a discussion which might unsettle the cordial understanding it has been their earnest endeavour to maintain with the Russian Empire; and for the above-mentioned reasons it is impossible for Her Majesty's Government to give any sanction, on their part, to the course announced by Prince Gortschakoff.
If, instead of such a declaration, the Russian Government had addressed Her Majesty's Government and the other Powers who are parties to the Treaty of 1856, and had proposed for consideration with them, whether anything has occurred which could be held to amount to an infraction of the Treaty, or whether there is anything in the terms which, from altered circumstances, presses with undue severity upon Russia, or which, in the course of events, had become unnecessary for the due protection of Turkey, Her Majesty's Government would not have refused to examine the question in concert with the co-signatories to the Treaty. Whatever might have been the result of such communications, a risk of future complications and a very dangerous precedent as to the validity of international obligations would have been avoided.
I am, &c.,(Signed)Granville.
P.S.—You will read and give a copy of this despatch to Prince Gortschakoff.
Prince Gortschakoff to Baron Brunnow.
Czarskoe Selo,8 (20) November, 1870.
M. le Baron,—The English Ambassador has read to and given me a copy of a despatch of Lord Granville relating to our communications of the 19th (31) of October.
I have hastened to place it before His Majesty the Emperor. It has pleased our August Master to notice, first, the earnest desire of the Cabinet of London to maintain a cordial understanding between England and Russia, and secondly, the assurance that it would not refuse to examine the modifications which circumstances have caused in the results of the Treaty of 1856. As regards the view of strict right laid down by Lord Granville we do not wish to enter into any discussion, recall any precedent, or cite any example, because such a debate would not conduce to the understanding that we desire.
Our August Master has had an imperative duty to fulfil towards his country, without wishing to wound or threaten any of the Governments who signed the Treaty of 1856. On the contrary, His Imperial Majesty appeals to their sentiments of justice, and to the consciousness of their own dignity.
We regret to see that Lord Granville dwells chiefly on the form of our communications. It was not done by our choice. Assuredly, we should have desired nothing better than to arrive at the result in harmony with the Powers who signed the Treaty of 1856. But Her Britannic Majesty's principal Secretary of State well knows that all the efforts repeatedly made to unite the Powers in a common deliberation, in order to do away withthe causes of complication which trouble the general peace, have constantly failed. The prolongation of the actual crisis, and the absence of a regular Power in France, remove still further the possibility of such an union. Meanwhile, the position of Russia by this Treaty has become more and more intolerable. Lord Granville will allow that the Europe of to-day is very different from that which signed the Act of 1856. It was impossible that Russia should consent to remain indefinitely bound by a transaction which, already onerous when concluded, lost its guarantees from day to day.
Our August Master knows his duty towards his country too well to impose on it any longer an obligation against which the national feeling protests.
We cannot admit that the abrogation of a theoretical principle without immediate application, which only restores to Russia a right of which no other nation would be deprived, can be considered as a menace to peace, or that the annulment of one point in the Treaty implies the annulment of the whole.
Such has never been the intention of the Imperial Cabinet. On the contrary, our communications of the 19th (31st) of October declare in the most explicit manner that His Majesty the Emperor adheres entirely to the general principles of the Treaty of 1856, and that he is ready to come to an understanding with the Powers who signed that transaction, either by confirming the general stipulations, or by renewing them, or by substituting for them any other equitable arrangement which will be considered fitting to ensure tranquillity in the East, and the equilibrium of Europe. There seems to be no reason why the Cabinet of London, if agreeable to it, should not enter into explanations with those who signed the Treaty of 1856.
On our part, we are ready to join in any deliberation having for its object the general guarantees for consolidating the peace of the East.
We are sure that this peace would receive additional security if a permanent cause of irritation now existing between the two Powers most directly interested in it was removed and their mutual relations were resettled on a good and solid understanding.
You are requested, M. le Baron, to read and give a copy of this despatch to Lord Granville.
The principal Secretary of State of Her Britannic Majesty has expressed to you the regret he would experience if this discussion would alter the good understanding which the Government of Her Majesty the Queen has striven to maintain between the two countries. Will you inform his Excellency how much the Imperial Cabinet would share in this regret.
We think the good understanding of the two Governments essentially useful to the two countries, as well as to the peace of the world. It is with a lively satisfaction that we have seen it become during the last few years more and more intimate and cordial.
The parity of the circumstances in which we are placed seem of a kind to render this more desirable than ever.
Receive, &c.,Gortschakoff.
Earl Granville to Sir A. Buchanan.
Foreign Office,Nov. 28.
Sir,—The Russian Ambassador has read and given to me a copy of a despatch of Prince Gortschakoff of the date of 8th (20th) November.
It is not necessary for Her Majesty's Government to recur to the important questions of international law raised by the circular of Prince Gortschakoff, as they have nothing to add to the declaration on the subject which they have already made.
His Excellency has been good enough to appeal to my knowledge of facts which His Excellency states prevented that consultation and agreement with other parties to this Treaty which Russia would have preferred.
I am aware that suggestions for Congresses to settle other European questions have been made and not adopted.
It has been also stated to me that intimations have been given to some of my predecessors, that in the case of certain contingencies, which however have never occurred, such as the possession of the Principalities by Austria, Russia would feel bound to call into question some of the provisions of the Treaty of 1856. But I am ignorant of any occasion on which Russia, the party most interested, has proposed in any way to this country that a relaxation of the Treaty should be taken into consideration.
I cannot therefore admit that the Imperial Government can justify this proceeding by the failure of efforts which have never been made.
The courteous language in which Prince Gortschakoff's despatch is written, his assurance of the manner in which he would have preferred to open this question, and his declaration of the strong desire for a confirmation of good relations between the two nations, particularly important at this time, encourage Her Majesty's Government in the belief that the obstacle to such relations will be removed.
They observe that His Excellency describes the declaration which has been made by Russia as an abrogation of a theoretical principle without immediate application. If these words are to be construed into an announcement that Russia has formed and stated her own opinion of her rights, but has no intention of acting in conformity with it without due concert with the other Powers, they go far to close the controversy in which the two Governments have been engaged.
Her Majesty's Government have no objection to accept the invitation which has been made by Prussia to a Conference, upon the understanding that it is assembled without any foregone conclusions as to its results. In such case Her Majesty's Government will be glad to consider with perfect fairness, and the respect due to a great and friendly Power, any proposals which Russia may have to make.
You will read and give a copy of this despatch to Prince Gortschakoff.
I am, &c.,(Signed)Granville.
THE CONFERENCE OF 1871.
THE RESULT OF THE DENUNCIATION OF THE TREATY OF PARIS BYRUSSIA WAS THAT A CONFERENCE, SUGGESTED BY PRINCE BISMARCK,WAS ARRANGED TO MEET AT LONDON.
Protocol No. 1.At the Sitting of January 17.
Earl Granville expressed himself as follows:—
Earl Granville—
"The Conference has been accepted by all the co-signatory Powers of the Treaty of 1856, for the purpose of examining, without any foregone conclusion, and of discussing with perfect freedom, the proposals which Russia desires to make to us with regard to the revision which she asks of the stipulations of the said Treaty relative to the neutralization of the Black Sea.
"This unanimity furnishes a striking proof that the Powers recognize that it is an essential principle of the law of nations that none of them can liberate itself from the engagements of a treaty, nor modify the stipulations thereof, unless with the consent of the contracting parties by means of an amicable understanding."
The Plenipotentiary of Russia requested the permission of the Conference to read a summary which he wished to be inserted in the Protocol:—"He instanced specially the precedent of the Conferences held at different periods in Paris, and cited the decisions adopted by general agreement with the view of modifying the Government of the Principalities of Moldavia and Wallachia, an alteration which received the sanction of the Sublime Porte, as well as the assent of the other Contracting Powers."He affirmed that these deviations from the Treaty have exercised no influence on the firm intention of the Emperor to maintain intact the general principles of the Treaty of 1856, which have defined the position of Turkey in the system of Europe."In fact, these stipulations, suggested at another period under the influence of conjunctures entirely different from the present situation are no longer in harmony with the relations of good neighbourhood which exist at this moment between the two Riverain Powers."
The Plenipotentiary of Russia requested the permission of the Conference to read a summary which he wished to be inserted in the Protocol:—
"He instanced specially the precedent of the Conferences held at different periods in Paris, and cited the decisions adopted by general agreement with the view of modifying the Government of the Principalities of Moldavia and Wallachia, an alteration which received the sanction of the Sublime Porte, as well as the assent of the other Contracting Powers.
"He affirmed that these deviations from the Treaty have exercised no influence on the firm intention of the Emperor to maintain intact the general principles of the Treaty of 1856, which have defined the position of Turkey in the system of Europe.
"In fact, these stipulations, suggested at another period under the influence of conjunctures entirely different from the present situation are no longer in harmony with the relations of good neighbourhood which exist at this moment between the two Riverain Powers."
Annex.
The Plenipotentiaries of North Germany, of Austria-Hungary, of Great Britain, of Italy, of Russia, and of Turkey, assembled to-day in Conference, recognize that it is an essential principle of the law of nations that no Power can liberate itself from the engagements of a treaty, normodify the stipulations thereof, unless with the consent Powers by means of an amicable arrangement.
In faith of which the said Plenipotentiaries have signed the present Protocol.
Done at London, the 17th January, 1871.
(Signed)Bernstorff.Apponyi.Granville.Cadorna.Brunnow.Musurus.Broglie.
March 13, 1871.
A,B,C,D,E,F,G,H,I,J,K,L,M,N,O,P,Q,R,S,T,U,V,W,Y,Z