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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 in its present composition. 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, being the term of the redemption of the loan contracted by that Commission, under the guarantee of Germany, AustriaHungary, France, Great Britain, Italy, and Turkey.

After Article VI. of the Draft of Treaty, now become Article V. in consequence of the alterations made in the other Articles, has been read, the Plenipotentiary of Turkey announces that he has come to an understanding with the other Representatives of the co-Riverain Powers on the subject of an amendment to be proposed to it.

The amendment in question having been agreed to by the Conference, Article V. is thus worded:

ARTICLE 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 be 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.

Referring next to Article VII. of the Draft of Treaty, now become Article VI., Musurus Pasha announces that he has also come to an understanding with his co-Riverain colleagues as to a new form to be given to that Article. The wording which he proposes, and which is adopted by the Conference, is as follows:

ARTICLE VI.

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The Powers possessing the shores of that part of the Danube where the Cataracts and the Iron Gates offer impediments to navigation reserving 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 lapse of time necessary for the repayment of the debt in question.

The following Article, having for its object to protect effectually the works and establishments, as well as the staff, of the European Commission of the Danube, is then proposed by the Plenipotentiary of Austria-Hungary and adopted by the Conference:

ARTICLE VII.

All the works and establishments of kind created by the European Comevery mission 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, 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.

Article VIII. of the Draft is adopted verbatim as Article VIII. of the Treaty. In consequence of the arrival of the Plenipotentiary of France, Articles IX. and X. of the Draft of Treaty are suppressed and replaced by the following formal Article::

ARTICLE IX.

The present Treaty shall be ratified, and the ratifications shall be exchanged in the space of six weeks, or sooner if possible.

The Articles of the Treaty having thus been decided on, the Plenipotentiaries of Russia and Turkey announce that they have received authority from their respective Courts to conclude a Convention to abrogate the stipulations of that signed at Paris on the 18th March, 1856, relative to the number and force of the vessels of war of the Riverain Powers in the Black Sea. They propose to communicate this Convention to the Conference, and to exchange the ratifications of it on the same day as those of the Treaty, so that mention may be made thereof in the same Certificate of Exchange.

The other Plenipotentiaries, being of opinion that a Convention concluded and ratified in the manner mentioned will have the same force and validity as if it were annexed to the Treaty, give their

full assent to the proposal of their two
colleagues.

A copy of the Treaty (that of Great Britain) having been prepared during the sitting, is brought in; and after having been read and found in due form, is signed by the Plenipotentiaries, who at the same time affix to it the seals of their arms.

It is agreed that the Conference shall meet to-morrow at half-past 3 o'clock for the signature of the other copies of the Treaty.

(Signed)

Bernstorff.
APPONYI.
BROGLIE.
GRANVILLE.
CADORNA.
BRUNNOW.
MUSURUS.

PROTOCOL No. 6.

Sitting of March 14, 1871,

The Protocol of the fifth sitting is read and approved. The various copies of the Treaty having been compared with that which was signed at the preceding sitting, and having been found in due form, the Plenipotentiaries proceeded to affix their signatures and the seals of their arms to them.

The Conference decides that the exchange of the ratifications of the Treaty shall take place in six copies.

At the end of the Conference, Musurus

Pasha, speaking in the name of the Members of the Conference, proposes to express to Earl Granville the thanks and feelings of gratitude of all the Plenipotentiaries for the enlightened and courteous manner in which, in his capacity as President, he has directed the labours of the Conference, and for the spirit of conciliation of which he has secured the prevalence during the whole course of its deliberations.

All the Plenipotentiaries readily and unanimously accept this proposal, and decide that it shall be recorded in the Protocol of the sitting.

Earl Granville expresses his deep gratitude to the Plenipotentiaries for the friendly expressions which have been addressed to him in their name by the Ottoman Ambassador. On his part he is anxious to state how much he appreciates the conciliatory spirit by which all his colleagues in the Conference have been animated since the commencement of their sittings, and how sensible he is of the consideration and indulgence which has always been shown to him.

The present Protocol is read and approved.

(Signed)

BERNSTORFF.
APPONYI.

BROGLIE.

GRANVILLE.

CADORNA.

BRUNNOW.
MUSURUS.

IX.

FRANCE AND THE CONFERENCE.

M. JULES FAVRE, French Minister of
Foreign Affairs, addressed the follow-
ing circular to the French Diplomatic
Agents abroad:-

"Paris, January 12, 1871.
"Sir,-The Government has hitherto
felt it right to maintain a strict reserve
in respect of the negotiations which have
been set on foot for a revision of the
Treaties of 1856.

That such revision, should it be necessary, belongs exclusively to the Powers which were signatories of those Treaties is a truth so evident that it is needless to dwell upon it. There can be no doubt upon the point. Thus, when one of those Powers demanded a modification of the Conventions which were equally binding upon all the signatories,

the idea of a Conference, at which the question could be discussed, was adopted without difficulty. The place of France in that Conference was marked out. But could she think of occupying it at a moment when she was entirely absorbed by the defence of her territory? Such was the grave question which the Government has had to consider under the circumstances which I am about briefly to recount. It was by a despatch, dated Tours, 11th of November, received in Paris on the 17th, that the Minister for Foreign Affairs was informed by M. de Chaudordy, of Prince Gortschakoff's Circular. This intelligence was communicated to him by a telegram from our Minister at Vienna in the following terms: The Russian Minister yesterT2

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day made a communication from which it appears that his Government considers itself as no longer bound by the stipulations of the Treaties of 1856.' On the same day, November 17th, the Minister of Foreign Affairs replied to M. de Chaudordy, recommending the strictest reserve. We had up to that time received no official communication, and we were bound to confine ourselves to a policy of observation, at the same time without omitting to maintain on all occasions our formal right to take part in a resolution which, without our participation, would be absolutely devoid of value. Europe could not entertain any other view, and in the conversations and notes which have been interchanged between the various Powers and ourselves it has always been understood that France was a necessary party to the deliberation, and that she would be invited to join in it. I should hold myself guilty of an unpardonable indiscretion if I were now to reveal the details of these pourparlers. Our effort has been to take advantage of the friendly disposi tions which have been manifested towards us, and to bring the representatives of the Powers to acknowledge that, without deserting or in any way detracting from the extreme importance which the discussion of the Treaties of 1856 would have for us, yet we were bound upon entering the Conference to introduce yet another discussion of a most important character which should not be met by a plea of incompetency. However, it must be admitted that while fully sharing this view the Delegation at Tours has always been of opinion that we should accept the invitation of Europe if it should be addressed to us. Summing up this opinion, M. de Chaudordy wrote on his despatch of the 10th of December, The Delegation is of opinion, after having examined with me all the despatches, that we should join the Conference, even without a previous promise or a subsequent armistice.' The opinion of the members of the Delegation has never changed. M. Gambetta strongly expresses it in his last despatch from the 31st of December, 1870, to the 3rd of January, 1871. Addressing the Minister of Foreign Affairs he writes, You must be on the point of quitting Paris to repair to the Conference at London, if as I am assured England has succeeded in obtaining a safe conduct for you. I can imagine the pangs which you will experience in leaving Paris and our colleagues. I can hear the expression of your grief and your early refusals, and yet I must tell you in the interest of our cause it must be so.' Before M. Gambetta had written these lines the Minister

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of Foreign Affairs, following as well as the imperfection and the delays in communication allowed him to do the negotiations entered upon at Tours, and continued afterwards at Bordeaux, had inti mated to M. de Chaudordy that the Government had decided that if regu larly invited France would send a representative to the Conference at London, but with the condition that England, which had sent it a verbal invitation, would undertake to obtain the necessary safe conduct for its representative if he were selected in Paris. This arrangement was accepted by the English Cabinet. M. de Chaudordy informed the Minister of Foreign Affairs of it in a despatch, dated Bordeaux, December 26th, 1870, received on the 8th of January. He informed him at the same time that the Delegation of the Government had selected him as the fitting representative of France at the Conference. This communication was confirmed by the following letter written by Lord Granville on the 29th of December, and transmitted to us on the 10th of the present month through the medium of the United States' Minister::

"LORD GRANVILLE TO HIS EXCELLENCY THE MINISTER FOR FOREIGN AFFAIRS AT PARIS.

"London, December 29, 1870. "Monsieur le Ministre,-M. de Chaudordy has informed Lord Lyons that your Excellency was proposed to represent France at the Conference which it has been agreed to hold in London, concerning the Neutralization of the Black Sea, and he has at the same time requested me to obtain a safe conduct which will enable your Excellency to pass through the Prussian lines. I immediately requested Count Bernstorff to apply for the safe conduct, and to transmit it to your Excellency by a German officer despatched with a flag of truce. M. de Bernstorff yesterday informed me that a safe conduct would be placed at your Excellency's disposition whenever it should be applied for by an officer sent from Paris to the German head-quarters, seeing that satisfaction had not been given for the officer bearing a flag of truce upon whom the French had fired. I have been informed by M. Tissot that much time would elapse before this information could be transmitted to you by the Delegation at Bordeaux, and I have consequently suggested to Count Bernstorff another means by which it could reach you, by taking advantage of the opportunity offered by the chargé d'affaires of the United States to acquaint

you with what has passed. It had been agreed that the Conference shall assemble this week, but in order to afford time for the arrival of the French Plenipotentiary, the day of meeting has been fixed for the 3rd of January. I trust that your Excellency will authorize M. Tissot to represent you at the first meeting, at which I will place upon the order of the day only questions of form, and, if your Excellency is in a position to inform me of your arrival, I would propose to adjourn the Conference for a week to obtain the valuable advantage of your experience. trust that your Excellency will permit me to take the opportunity of expressing my gratification at entering upon personal relations with yourself, and the pleasure I shall have in seeing you in London.

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"I have the honour, &c.,

"GRANVILLE.'

I

'Being called upon by the despatch, the Government could not, without abdicating the rights of France, reject the invitation which it received in her name. Undoubtedly it might be objected that, for France, the moment is not favourable for a discussion respecting the neutrality of the Black Sea. But it is precisely because at this supreme moment France is fighting for her honour and her existence that the official proposition made to the French Republic by the European Cabinets acquires an exceptional importance. It is a tardy commencement of justice, an engagement which cannot be retracted. It consecrates with the authority of public law the change of reign, and brings upon the scene where the destinies of the world are being contested the free nation, free despite her wounds, in place of the chief who led her to her danger or of the pretenders who sought to dispose of her. Besides, who does not feel that, admitted to face the representatives of Europe, France has an incontestable right to lift up her voice? Who can arrest her when, relying upon the eternal rules of justice, she will defend the principles which guarantee her independence and her dignity? She will abandon none which we have maintained. Our programme is unchanged, and Europe, who invites those who framed it, knows well that they are bound and are prepared to maintain it. There was no room, therefore, for hesitation, and the Government would have committed a grave fault in rejecting the overture which was made to it.

But

while recognizing that fact, it thought, with myself, that the Minister for Foreign Affairs could not, without some reason of paramount importance, quit Paris in the midst of a bombardment which the enemy

is directing upon our city. For a week past, suddenly, without warning to the inoffensive inhabitants and neutrals, the Commander-in-Chief of the Prussian Army showers his murderous projectiles upon our buildings. It seems that he selects in preference our hospitals, our schools, our churches, our benevolent institutions. Women are killed in their beds, children in the arms of their parents or under the eyes of their teachers. Yesterday we accompanied to their last resting places five little coffins of young pupils crushed under the weight of a shell weighing 200lbs. The church, where their remains were blessed by the priest and watered by the tears of their parents, testified by its walls, shattered even at night, to the fury of the assailants. I know not how long these inhuman measures will continue. Useless for the attack, they are only an act of depredation and murder destined to excite terror. Our brave population of Paris feels its courage increase with the danger. Firm, irritated, resolute, it is indignant and does not bend. It means more than ever to fight and conquer, and we mean it also. I cannot think of separating myself from it at this crisis. Perhaps our protests addressed to Europe, the protest of the Ambassadors present in Paris, will soon put an end to it. Till then England will understand that my place is in the midst of my fellow-citizens. This is what I explained to the Foreign Minister of Great Britain in the reply which is subjoined, and which fitly closes this statement:

"Paris, Jan. 10.

"M. le Comte,-I received only today, the 10th of January, at nine p.m., through the Minister of the United States, the letter which your Excellency has done me the honour of writing to me, dated the 20th of December, 1870, whereby I am informed that you have requested Count Bernstorff to place at my disposal the safe conduct necessary for my passing through the Prussian lines and attending, as representative of France, the Conference which is to be opened at London. I thank your Excellency for this communication, and for the kindness shown me in facilitating the accomplishment of the duty imposed on me. It is, however, difficult for me to depart immediately from Paris, which for eight days has been given up to the horrors of a bombardment carried on against its inoffensive population, without the warning which is usual according to the law of nations. I do not feel it right to abandon my fellow-citizens at the moment

when they are victims of this violence. Moreover, the communications between Paris and London are by the act of the Commander-in-Chief of the besieging army so slow and uncertain that I cannot, notwithstanding my good wishes, reply to your appeal in the terms of your despatch. You kindly informed me that the Conference would meet on the 3rd of January, and would then probably adjourn for a week. Apprised of this on the evening of the 10th, I could not profit by your invitation in proper time. Moreover, Count Bismarck, while allowing the letter to reach me, has not accompanied it with a safe conduct, which is, however, indispensable. He requests that a French officer should repair to the Prussian Head-Quarters to seek the safe conduct, availing himself of complaints which he addressed to the Governor of Paris on the occasion of an incident complained of by a parlementaire on the 23rd of December, and Count Bismarck adds that, until satisfaction has been given him, the Prussian Commander-in-Chief forbids any communication by parlementaires. I do not inquire whether such a resolution, contrary to the laws of war, would not be the absolute negation of superior rights which necessity and humanity have always maintained for the benefit of belligerents. I content myself with remarking to your Excellency that the Governor of Paris promptly ordered an inquiry into the fact cited by Count Bismarck, and in announcing this to him brought to his knowledge

X.

facts of the same kind, much more numerous, imputable to Prussian sentinels, on which facts, however, he had never thought of relying for the purpose of interrupting the exchange of ordinary relations. Count Bismarck seems to have admitted, at least partially, the justice of these observations, for this very day he charged the United States' Ambassador to inform me that, reserving respective inquiries, he re-establishes relations by parlementaires. There is no necessity, then, for a French officer to repair to the Prussian Head-Quarters, and I am about to enter into communication with the United States' Ambassador in order to procure the safe conduct which you have kindly obtained. As soon as I have this document in my hands and the situation of Paris permits, I shall proceed to London, sure beforehand of not invoking in vain in the name of my Government the principles of right and morality which Europe has so great an interest in causing to be respected.

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THE TREATY OF WASHINGTON.

(Signed at Washington, the 8th May, 1871.)

HER Britannic Majesty and the United States of America, being desirous to provide for an amicable settlement of all causes of difference between the two countries, have for that purpose appointed their respective Plenipotentiaries,-that is to say, Her Britannic Majesty on her part has appointed as her High Commissioners and Plenipotentiaries the Right Hon. George Frederick Samuel, Earl de Grey and Earl of Ripon, Viscount Goderich, Baron Grantham, a Baronet, a Peer of the United Kingdom, Lord President of Her Majesty's Most Honourable Privy Council, Knight of the Most Noble Order of the Garter, &c.; the Right Hon. Sir Stafford Henry Northcote, Baronet, one of Her Majesty's Most Honourable Privy Council,

a Member of Parliament, a Companion of the Most Honourable Order of the Bath, &c.; Sir Edward Thornton, Knight Commander of the Most Honourable Order of the Bath, Her Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States of America; Sir John Alexander Macdonald, Knight Commander of the Most Honourable Order of the Bath, a Member of Her Majesty's Privy Council for Canada, and Minister of Justice and Attorney-General of Her Majesty's Dominion of Canada; and Montague Bernard, Esq., Chichele Professor of International Law in the University of Oxford; and the President of the United States has appointed on the part of the United States as Commissioners in a Joint

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