Balaklava, Kamiesch, Eupatoria, Kertch, Jenikale, Kinburn, as "ell as all other territories occupied by the allied troops.

ART. V. Their Majesties the Queen of the United Kingdom of Amnesty. Treat 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 been 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.

ART. VI. Prisoners of war shall be immediately given up on Prisoners. either side.

THE PORTE AND THE POWERS, 7-9.

cert.

ART. VII. Her Majesty the Queen of the United Kingdom The Euroof Great Britain and Ireland, His Majesty the Emperor of pean conAustria, 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 engagement1; 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 Mediation. 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 2.

1 So much, at least, of this Article must, since the events of 1877, be considered as obsolete.

2 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,

The HattiHumayoun.

ART. IX. His Imperial Majesty the Sultan, having, in his constant solicitude for the welfare of his subjects, issued a Firman1 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

ancient rule.

THE STRAITS.

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 2.

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 3. 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).

3 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).

THE BLACK SEA, 11-141.

ART. XI.2 The Black Sea is neutralized: its waters and its Neutralization. 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 3 of the present Treaty.

of navi.

gation.

ART. XII. Free from any impediment, the commerce in the Freedom 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 1.

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. The Black Sea being neutralised according to the Arsenals. 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.

vessels.

ART. XIV. Their Majesties the Emperor of all the Russias Light 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, 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.

1 Cf. Treaty of London, 1871, Arts. I, 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.

5 Q. v. infra, p. 258.

Principles of Vienna.

The Euro

mission.

THE DANUBE, 15-191.

ART. XV. The Act of the Congress of Vienna1 having established the 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. 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 river3, 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.

ART. XVI. With the view to carry out the arrangements of pean Com- the preceding Article, a Commission, in which Great Britain, Austria, France, Prussia, Russia, Sardinia, and Turkey, shall each be represented by one delegate, shall be charged to designate and to cause to be executed the works necessary below Isaktcha", 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. 1 Cf. Infra, Texts, Nos. III-VIII. 2 Q. v. supra, p. 227.

3 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.

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 1.

mission.

ART. XVII. A Commission shall be established, and shall be The Rivecomposed of delegates of Austria, Bavaria, the Sublime Porte, and rain ComWürtemberg (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 state2.

ART. XVIII. It is understood that the European Commission Duration shall have completed its task, and that the Riverain Commission shall of powers. 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 3.

1 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.

2 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.

3 None of the provisions of this Article have been complied with. The Riverain Commission within the two years succeeded only in producing an Act