Treaties and other Documents relating to the Navigation of the Danube: 1856-75. TRANSLATIONS. No. 1. General Treaty between Great Britain, Austria, France, Prussia, Russia, Sardinia, and Turkey.-Signed at Paris, March 30, 1856.* ARTICLE XV. THE Act of the Congress of Vienna 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 river, 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. ARTICLE 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, shall each be represented by one Delegate, shall be charged to designate and to cause to be executed the works necessary below Isatcha, 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. În 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. * French version laid before Parliament in 1856, ARTICLE XVII. A Commission shall be established, and shall be composed of Delegates of Austria, Bavaria, the Sublime Porte, and Wurtemberg (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 impedi ments, 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. ARTICLE XVIII. It is understood that the European Commission shall have completed its task, and that the River 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 River Commission shall enjoy the same powers as those with which the European Commission shall have until then been invested. ARTICLE 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. ARTICLE 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 Yalpouck to the Height of Saratsika, 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 Contracting Powers shall fix, in its details, the line of the new frontier.§ ARTICLE XXI. The territory ceded by Russia shall be annexed to the Principality of Moldavia|| under the suzerainty of the Sublime Porte. 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. + See No. 16, Art. 4, p. 38. See No. 3, p. 3, and No. 5, Art. 2, p. 5. Sebastopol, Balaklava, Kamiesch, Eupatoria, Kertch, Yenikale, Kinburn, and other territories occupied by allied troops. See No. 16, Art. 5, p. 38. See Nos. 3, 4, and 5, pp. 3 and 4. No. 2. Convention between Great Britain, Austria, France, Prussia, Russia, and Sardinia, on the one part, and the Sultan, on the other part, respecting the Straits of the Dardanelles ană of the Bosphorus.-Signed at Paris, March 30, 1856.* ARTICLE 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. ARTICLE 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. No. 3. Protocol of Conference between the Plenipotentiaries of Great Britain, Austria, France, Prussia, Russia, Sardinia, and Turkey.—Signed at Paris, January 6, 1857.† Present:-The Plenipotentiaries of Austria, France, Great Britain, Prussia, Russia, Sardinia, and Turkey. (Extract.) THE Plenipotentiaries 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 hereunto annexed,‡ and initialled, shall, instead of being annexed to the Principality of Moldavia, as stipulated by Article XXI of the Treaty of Paris, be replaced under the immediate sovereignty of the Sublime Porte, of which they formerly held. The Plenipotentiaries agree, moreover, that the Treaty of Paris having, like the Treaties previously concluded between Russia and Turkey, been silent with regard to the Isle of Serpents, that island is to be considered as an appendage to the Delta of the Danube, and must, in consequence, follow its destination. In the general interest of maritime commerce, the Ottoman Government engages to maintain on that island a lighthouse, destined to render secure the navigation of vessels proceeding to the Danube and to the port of Odessa; the River Commission, established by Article XVII of the Treaty of Paris 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. The present Protocol shall have the same force and validity as if it had assumed the form of a Convention; but it is understood that, when the Boundary Commission shall have concluded its labours, a Convention shall be signed by the High Contracting Parties, recording the frontier such as it shall have been established by the Commissioners, and the resolutions taken on the subject of the Isle of Serpents and the Delta of the Danube. [The signatures follow.] * French version laid before Parliament in 1856. Despatch from Lord Cowley to the Earl of Clarendon.*-(Received January 8.) My Lord, Paris, January 7, 1857. I HAVE the honour to inclose herewith a certified copy of the Protocol of Conference, with the plans annexed thereto, signed yesterday at the Ministry for Foreign Affairs by the Plenipotentiaries of Great Britain, Austria, France, Prussia, Russia, Sardinia, and Turkey,† wherein are recorded the results of the discussions which have taken lace on certain points connected with the execution of the Treaty of March 30, and by which, I trust, are definitely set at rest the differences of opinion which had arisen among the Powers parties to that Treaty respecting the right interpretation of Article XX, in consequence of its being found on actual survey that certain localities were not situated as had been supposed by the Paris Congress. Although it is matter of regret, it is not surprising, considering the scanty information which could be obtained respecting the geographical details of the countries bordering the Lower Danube, that these errors should have occurred, or that, in endeavouring to rectify them, differences of opinion should have manifested themselves among the parties interested. But it was the duty of all-if a common centre of union was to be sought; if disagreement was not to degenerate into animosity; if the Treaty of March 30 was not to remain a dead letter to abate somewhat of their respective views, and to meet each other in a conciliatory spirit. The decision of the majority of the Conference might, indeed, have been appealed to, but when opinions had been so strongly pronounced, it could not have been enforced without leaving a feeling of soreness to be deprecated in the minds of those whose judgment was overruled. The necessity of a compromise, if harmony was to be preserved, was felt by all, and the Emperor, moved by this consideration, took upon himself to propose a settlement, which has been accepted by all parties. The arrangement proposed by His Majesty, while it maintains inviolate, by assigning both New and Old Bolgrad to Moldavia, the principle on which Article XX was originally framed, of removing Russia from all communication with the Danube and Lower Pruth, meets the desire of the Russian Government to have a capital for the Bulgarian Colonies which remain to Russia, by giving her the town of Komrat on the Yalpouk. At the same time, the wish expressed by Turkey that the Delta of the Danube, of which she formerly was mistress, should be restored to her, instead of being transferred to Moldavia, is acceded to, and the Isle of Serpents is declared to be an appendage of the Delta. Her Majesty's Government having met this proposal in the same conciliatory spirit in which it had been made by the French Government, and the other Governments interested, moved by sentiments equally honourable, having notified their acquiescence in it, the task of the Plenipotentiaries has been limited to recording in a collective instrument the agreement at which their Governments had separately arrived. It only remains for me to congratulate your Lordship and Her Majesty's Government on this termination of difficulties and discussions, which have not been without their gravity, and to express the hope that the agreement which has thus been attained may prove an omen of continued peace and friendship among the Powers who have given this proof of goodwill and respect for each other. Treaty between Great Britain, Austria, France, Prussia, Russia, Sardinia, and Turkey, relative to the Frontier in Bessarabia, the Isle of Serpents, and the Delta of the Danube.-Signed at Paris, June 19, 1857. THEIR Majesties the Queen of the United Kingdom of Great Britian and Ireland, the Emperor of Austria, the Emperor 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 January last, by recording in a Treaty ↑ No. 3, p. 3. Laid before Parliament, 1867. French version laid before Parliament in 1857. 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: [Here follow the names and titles of the Plenipotentiaries.] Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon the following Articles : ARTICLE I. The line of frontier of Russia and of Turkey in Bessarabia is, and remains determined in conformity with the topographic map prepared by the Boundary Commissioners at Kichenew on the 30th March, 1857: which map is annexed to the present Treaty, after having been initialled. ARTICLE 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 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 sovereignty of the Sublime Porte, of which they formerly held. ARTICLE III. The Treaty of the 30th 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 was 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. ARTICLE 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 River Commission established by Article XVII of the Treaty of the 30th 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. No. 6. Act of Navigation for the Danube, between Austria, Bavaria, Turkey, and Wurtemberg.— Concluded at Vienna, November 7, 1857.* [Ratifications exchanged at Vienna, January 9, 1858.] THE Treaty of Paris, March 30, 1856, having ordained that the principles established by the Act of the Congress of Vienna respecting river navigation should be applied to the Danube also, and having stipulated that a Commission, composed of the Delegates of the Riparian Powers: Austria, Bavaria, Turkey, and Wurtemberg, with whom should be Commissioners of the three Danubian Principalities, whose nomination should have been approved by the Sublime Porte, should be instituted with a view to regulating accordingly the navigation of the said river : Have named for this purpose as their Delegates, His Majesty the Emperor of Austria, Francis Serafinus de Blumfeld, Commander of the Royal Netherlandish Order of the Oaken Crown with the Star, Knight of the Imperial Russian Order of Saint Wladimir, Fourth Class, his Ministerial Councillor in the Ministry of Commerce, Industry, and Public Works; His Majesty the King of Bavaria: Francis Sebastian de Daxenberger, Knight of the Royal Bavarian Order of the Crown and Saint Michael, Commander of the Imperial Order of Francis Joseph of Austria, Commander of the First Class of the Royal and Distinguished Order of Charles III of Spain, Knight of the Royal Order of the Red This Act was not approved by the Paris Conference (see No. 8, pp. 14-20). |