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No. 430.-FURTHER RUSSIAN NOTE denouncing the Stipulations of the General Treaty of 30th March, 1856, and the Separate Convention with Turkey of the same date, relative to the Limitation of their Naval Forces in the Black Sea. 1st November, 1870.*

M. le Baron,

Prince Gortchakoff to Baron Brunnow. (Translation as laid before Parliament.)

Tzarskoé Sélo,

20th October,
1st November,

1870.

IN making the communication to the Principal Secretary of State of Her Britannic Majesty, according to the orders of His Majesty the Emperor, you will take care to make its sense and bearing well understood.

When, at the commencement of 1866, there was a question of Conferences between the 3 Powers, with a view to prevent the War then imminent in Germany by the Assembly of a Congress (No. 377), in discussing the bases of such Conferences with Earl Russell, you had the opportunity of pointing out to him the compensations and the guarantees of security which the occurrence of certain eventualities calculated to modify the status quo existing in the East would necessitate for Russia.

Lord Russell admitted this with perfect equity. He in no way disputed that any alteration made in the text and the spirit of the Treaty of 1856 (No. 264), must lead to the revision of that Act.

Although those eventualities have not occurred, Lord Granville will not contest the fact that at the present time this Treaty has undergone serious modifications in one of its essential parts.

That which must impress Russia in respect of these modifications is not the appearance of factitious hostility towards her by which they are characterised, nor is it the consequences which may ensue to a Great Country from the creation upon its Frontiers of a small quasi Independent State; it is chiefly the facility with which, scarcely 10 years after its conclusion, a solemn Arrangement, clothed with an European Guarantee, has been infringed both in letter and in spirit, under the very eyes of the Powers who should have been its guardians.

With such a precedent before us, what value can Russia attach to the efficacy of that Arrangement, and to the pledge of * See notes pages 1894, 1895.

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security which she believed she had obtained in the principle of the Neutralisation of the Black Sea. The Balance of Power established in the East by the Treaty of 1856, has, therefore been disturbed to the detriment of Russia. The resolution adopted by our August Master has no other object than to restore it.

The Government of Her Britannic Majesty would never consent to leave the security of their shores to the mercy of an Arrangement which is no longer respected. They are too equitable not to allow to us the same duties and the same rights.

But what we especially desire to establish is, that this decision implies no change in the policy which His Majesty the Emperor has pursued in the East.

You have already had, on many occasions opportunities of discussing with the Cabinet of London the general views which the two Governments hold upon this important question. You have been able to establish a conformity of principles and interests, which we have learnt with great satisfaction.

We have drawn from it the conclusion that at present it is neither from England nor Russia that can arise the dangers which may menace the Ottoman Empire; that the two Cabinets have an equal desire to maintain its existence as long as possible by allaying and by conciliating the differences between the Porte and the Christian subjects of the Sultan, and that, in the event of a decisive crisis presenting itself, despite these efforts, both are equally resolved to seek for its solution in a general agreement of the Great European Powers.

We believe that

We have not ceased to hold these views. their perfect analogy renders possible a thorough understanding between the Government of Her Britannic Majesty and ourselves, we attach the greatest value to it, as the best guarantee for the preservation of Peace and the Balance of Power in Europe from dangers which may result from complications in the East.

By the order of His Majesty the Emperor, your Excellency is authorised to repeat this assurance to Lord Granville. We shall sincerely congratulate ourselves if the frankness of these explanations may contribute to that end by removing every possibility of misunderstanding between the Government of Her Britannic Majesty and ourselves.

Receive, &c.,
GORTCHAKOFF.

[For British Reply, see p. 1898.]

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No. 431.-BRITISH REPLY to Russian Notes, denouncing the Stipulations of the General Treaty of 30th March, 1856, and the Separate Convention with Turkey of the same date, relative to the Limitation of their Naval Forces in the Black Sea. 10th November, 1870.

Sir,

Earl Granville to Sir A. Buchanan.

Foreign Office, 10th November, 1870. 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 March, 1856 (No. 266), to which you allude in your telegram of yesterday afternoon.

19th

In my despatch of yesterday I gave you an account of what passed between us, and I now propose to observe upon Prince Gortchakoff's despatches of the October (No. 429) and 31st (No. 430), communicated to me by the Russian Ambassador on that occasion.

20th October 1st November

Prince Gortchakoff 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

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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 Gortchakoff 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 disapprove. 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 brings back the entire subject into its own control, and remains bound only to itself.

Accordingly Prince Gortchakoff has announced in these despatches the intention of Russia to continue to observe certain of the provisions of the Treaty. However satisfactory this may 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 * See Declaration of 17th January, 1871. See also opinion of British Government of 23rd November, 1846, and Declaration of Russia and Turkey of 4th June, 1866, in Appendix.

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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 Gortchakoff.

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-signataries 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.,

GRANVILLE.

P.S.-You will read and give a copy of this despatch to Prince Gortchakoff.

G.

On the 22nd November, 1870, the Prussian Government proposed the meeting of a Conference at St. Petersburgh to discuss the Black Sea question; the British Government objected to this proposal, but expresssed its readiness to meet Plenipotentiaries of the Treaty Powers in Conference either at Vienna, Florence, or London. London having been ultimately agreed upon as the place of meeting, Conferences were held at the Foreign Office, and a Treaty modifying the stipulations of the Treaty of 30th March, 1856, relating to the Black Sea, was signed on the 13th March, 1871.