[Bay of Jahde, &c.]

engages to commeuce this Highway at the same time as the naval establishment. The Highway shall be open to the use of the public in the same manner as the Oldenburg Highways. The Tariff of Dues for this Highway is to be settled according to that in use in Oldenburg. Should the Highway Dues be generally abolished in Oldenburg, they shall also be abolished on this said Highway, as on other private Highways in the Oldenburg Territory.

ART. XXIV. Railway Concession to Prussia for the construction of a Line from the Naval establishment at Jahde to join the Cologne and Minden Railway.

ART. XXV. Highways and Railroads constructed by Prussia to remain the Property of Prussia, but to be open to the use of Oldenburg and her Subjects.

ART. XXVI. Protection and Drainage of Dykes.

ART. XXVII. Removal of Highway along the Dyke to be at expense of Prussia.

Territory ceded to Prussia separated from all Political Union and Dyke-Associations. Maintenance of Church and School Union.

ART. XXVIII. The Territory ceded to the Crown of Prussia is separated from the Political Communities of Heppen, Neuende and Eckwarden, as well as generally from all Political Union with Oldenburg communities. It is likewise separated from its connection with the respective Dyke-Associations and from the heretofore Poor-law Union. On the other hand, the respective parts of the Territory remain in the Sluice Watches, to which they have hitherto belonged, under the present Sluice Watch laws. The regulation of this relation is reserved for special agreement, upholding the principle of neighbourly co-operation, and having regard to similar existing community between Oldenburg and Hanoverian Territories. The present Church and School Union will be maintained; but Prussia has the right of separating from the Oldenburg Church and School Union, on payment of a capital sum in lieu of the Church and School dues and service hitherto rendered by the ceded Lands.

ART. XXIX. Customs' Regulations reserved for Special Agreement.

Arbitration in case of Difference in Interpretation of Treaty. ART. XXX. Should differences arise between the Contracting Parties respecting the interpretation of this Treaty, they shall be

[Bay of Jahde, &c.]

decided by the Award of the Supreme Tribunal of a third State, to be chosen by Oldenburg out of three proposed by Prussia. Should the difference be in regard to the subjects of Article XXVI, the Award is to be made in like manner by a superior professional authority.

Ratifications.

ART. XXXI. The Ratifications of this Treaty shall be exchanged within 6 weeks after its signature.

In witness whereof the present Treaty has been prepared in duplicate, has been subscribed by the Plenipotentiaries of the two Parties, and sealed with their Seals.

Done and executed at Berlin, 20th July, 1853.

(L.S.) DR. ERNST GAEBLER.

(L.S.) ALBRECHT JOHANNES THEODOR ERDMANN.

[War. Russia and Turkey.]

No. 234.-TURKISH DECLARATION of War against Russia. Constantinople, 4th October, 1853.

(Translation as laid before Parliament.*)

UNDER existing circumstances it would be superfluous to recapitulate from the commencement the narrative of the difference which has arisen between the Sublime Porte and Russia, to enter into a fresh detail of the different stages of this difference, as well as to recite the opinions and views of the Government of His Majesty the Sultan, which have been made public by the official documents published from time to time.

Notwithstanding our desire not to revert to the urgent motives which led to the modifications introduced by the Sublime Porte into the draft of note prepared at Vienna, motives which have, moreover, been previously set forth in an explanatory note, fresh representations having been made, subsequently to the refusal of Russia to accept those same modifications, in favour of the adoption of the said draft without alteration, the Ottoman Government finding it at the present time utterly impossible to adopt the draft of note in question, and being compelled to declare War, deems it to be its duty to set forth the imperative reasons of this important determination, as well as those which have constrained it to adapt its conduct in this instance to the recommendations of the Great Powers its Allies, although it has never ceased to appreciate the benevolent character of their observations.

The principal points which the Government of His Majesty the Sultan will in the first place notice, are these: that, at the outset, there was nothing in its conduct to give occasion for complaint, and that, animated with the desire of preserving peace, it has acted with a remarkable spirit of moderation and conciliation from the commencement of the difference up to the present time. It is easy to prove these facts to all who do not deviate from the paths of justice and equity.

Even though Russia might have had a ground of complaint in regard to the question of the Holy Places,† she ought to have confined her measures and representations within the limits of

* For French version, see "State Papers,” vol. xlii, p. 1321.

The first published despatch respecting the question of the Holy Places at Jerusalem, or the Rights and Privileges of the Latin and Greek Churches in Turkey, was dated 20th May, 1850. See Papers laid before Parliament in 1854, Part I.

[War. Russia and Turkey.]

that single question, and not put forth pretensions which the object of her claims could not bear out. Moreover, she ought not to have had recourse to measures of intimidation, such as those of sending her troops to the frontiers and of making maritime preparations at Sevastopol, in regard to a question which might have been amicably settled between the two Powers. However, it is clear that the contrary of all this has taken place.

The question of the Holy Places had been settled to the satisfaction of all parties: the Government of His Majesty the Sultan had shown itself to be favourably disposed on the subject of the assurances required as to that question, and as to certain other demands relative to Jerusalem. In fine, there was no ground for putting forward on the part of Russia any further demand. Is it not to seek occasion for War to insist, as she does, on the question of the privileges of the Greek Church which have been bestowed by the Ottoman Government, privileges which it considers it a matter of honour, of dignity, and of its sovereign authority to uphold, and in regard to which it cannot admit of the interference or supervision of any Government? Has not Russia occupied with a considerable force the Principalities of Moldavia and Wallachia,* declaring that those provinces should serve her for a guarantee until such time as she should have obtained what she requires? Was not this act justly considered by the Porte as an infraction of Treaties, and consequently as a casus belli? Could the other Powers themselves entertain any other opinion of it? Who, then, can doubt that Russia is the aggressor? Was it possible that the Sublime Porte, which has always observed with notorious fidelity all its Treaties, should have infringed them to such a degree as to induce Russia to adopt so violent a course as that of herself violating these Treaties ? Or, have there occurred within the Ottoman Empire, in disregard of the promise explicitly recorded in the Treaty of Kainardji, such acts as the demolition of Christian churches, or have any obstacles been offered to the exercise of the Christian religion?

The Ottoman Cabinet, without wishing to enter into longer details on these points, entertains no doubt that the High Powers, its Allies, will find and consider what has been mentioned to be altogether correct and true.

In regard to the non-acceptance by the Sublime Porte of the Vienna draft of note in its unaltered form, it is to be observed * See Note, page 1175.

[War. Russia and Turkey.]

that that draft, without being altogether the same as Prince Menchikoff's note, and while it comprised indeed some paragraphs of the Sublime Porte's own draft of note, does not on the whole, either in letter or in spirit, differ essentially from that of Prince Menchikoff.

The assurances recently given by the Representatives of the Great Powers in regard to the danger to be apprehended from mischievous interpretations of the draft of note in question, are a further proof of the good intentions of their respective Governments, towards the Sublime Porte; they have consequently afforded lively satisfaction to the Government of His Majesty the Sultan. It is to be observed, however, that while we have still before our eyes the commencement of the question of Religious Privileges which has been raised by Russia, who seeks to rest her claim on a paragraph so clear and so precise of the Treaty of Kainardji,* to consent to record in a diplomatic document the paragraph concerning the active solicitude of the Emperors of Russia for the maintenance, within the States of the Sublime Porte, of the Immunities and Religious Privileges granted to the Greek religion by the Ottoman Emperors, before the existence even of Russia as an Empire; to leave in a state of doubt and obscurity the fact that there is no relation between these Privileges and the Treaty of Kainardji; to employ in favour of a great community of subjects of the Sublime Porte professing the Greek religion, expressions which should contain an allusion to Treaties concluded with France and Austria in regard to the French and Latin monks, would be to incur the risk of leaving at the disposal of Russia certain vague and obscure paragraphs, some of which are inconsistent with fact; it would likewise, without any doubt, offer to Russia a good ground for its claims to supervision and to Religious Protectorate, claims which she would attempt to put forward, asserting that they are by no means prejudicial to the sovereign Rights and Independence of the Sublime Porte.

The very language of the officers and agents of Russia who have declared that the intention of their Government was no other than to discharge the office of advocate with the Sublime Porte so often as proceedings contrary to the existing privileges should take place, is an evident proof of the correctness of the opinion of the Ottoman Government.

21st July, 1774. See Appendix.