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ARTICLE XXIX. The presentAct shall be ratifiedby theirImperial Majesties the Em- perorof Russia and the Emperorof the Ottomans,and the ratifications shall be exchangedin fifteendays, or soonerif possible,at St. Peters- burgh,where likewise an agreementshall cometo as to the place and the time at whichthe stipulationsof the presentAct shall be investedwith all the solemnforms usually observedin Treatiesof Peace. It is, how- ever,well understoodthat the High ContractingParties considerthem- selves as formallybound by the presentAct fromthe momentof its ratification. In witness whereofthe respectivePlenipotentiaries have appended theirsignatures and seals to the presentAct. Done at San Stefano,the nineteeinhFuary, one thousandeight hundred and seventy-eight. (Signed) Cte. N. IGNATIEW. (Signed) SAFVET. NELIDOW. SADOULLAH.

[Final paragraphof Article XI of the Act of the Preliminariesof Peace signed this day, February 19 1878 which was omitted and which shouldform an integralpart of the said Article: [The inhabitantsof the Principalityof Bulgaria when travellingor sojourningin the otherparts of the OttomanEmpire shall be subjectto the Ottomanlaws and authorities. (Signed) Cte. N. IGNATIEW. (Signed) SAFVET. NELIDOW. SADOULLAH. SAN STEFANO, February19, 1878.]

TREATY BETWEEN GREAT BRITAIN, GERMANY, AUSTRIA, FRANCE, ITALY, RUSSIA, AND TURKEY FOR THE SETTLEMENT OF AFFAIRS IN THE EAST.

Signed at Berlin, July 13, 1878.

In thename of AlmightyGod. Her Majestythe Queen of the TUnitedKingdom of GreatBritain and Ireland,Empress of India, His Majestythe Emperorof Germany,King of Prussia,His Majestythe Emperorof Austria,King of Bohemia,&c., and King Apostolicof Hungary,the Presidentof the French Republic, 402 THE A3MERICAN JOURNAL OF INTERNATIONAL LAW

His Majesty the King of Italy, His Majesty the Emperor of all the Russias,and His Majestythe Emperorof the Ottomans,being desirous to regulate,with a view to European order,conformably to the stipula- tionsof the Treatyof Paris of 30th March,1856, the questionsraised in the East by the eventsof late yearsand by the war terminatedby the preliminaryTreaty of San Stefano,have been unanimouslyof opinion that the meetingof a Congresswould offerthe bestmeans of facilitating an understanding. Their said Majesties and the Presidentof the French Republichave, in consequence,appointed as theirPlenipotentiaries, that is to say: Her Majestythe Queen of the United Kingdomof GreatBritain and Ireland, Empress of India, the Right HonourableBenjamin Disraeli, Earl of Beaconsfield,Viscount Hughenden, a Peer of Parliament,Mem- ber of Her Majesty'sMost HonourablePrivy Council, First Lord of Her Majesty'sTreasury, and Prime Ministerof England; the Most Honour- able RobertArthur Talbot GascoyneCecil, Marquisof Salisbury,Earl of Salisbury,Viscount Cranborne, Baron Cecil, a Peer of Parliament,Mem- ber of Her Majesty's MtostHonourable Privy Council, Her Miajesty's Principal Secretaryof State forForeign Affairs; and the RightHonour- able Lord Odo WilliamLeopold Russell,Member of Her Majesty'sPrivy Council, Her AmbassadorExtraordinary and Plenipotentiaryat the Courtof His Majestv the Emperorof Germany,King of Prussia; His Majestythe Emperorof Germany,King of Prussia, Otho,Prince Bismarck,His Presidentof the Council of AMinistersof Prussia, Chan- cellor of the Empire; BernardErnest de Bulow, His Ministerof State and Secretaryof State forForeign Affairs; and ClhlodwigCharles Victor, Prince of Hohenlohe-Schillingsfurst,Prince of Ratiborand Corvey,His AmbassadorExtraordinary and Plenipotentiaryto the FrenchRepublic, GreatChamberlain of the Crownof Bavaria; His Majestythe Emperorof Austria,King of Bohemia,&c., and King Apostolicof Hungary,Jules, Count Andrassyof Csik Szent-Kiralyand Krasna-Horka,Grandee of Spain of the First Class, Privy Councillor, His Ministerof the Imperial Householdand for ForeignAffairs, Lieu- tenant Field-Marshal in his armies; Louis Count Karolyi of Nagy- Karolyi, Chamberlainand Privy Councillor,His AmbassadorExtra- ordinarvand Plenipotentiarvat the Court of His 3Majestythe Emperor of Germanv,King of Prussia; and Henri, Baron de Haymerle,Privy Councillor,His AmbassadorExtraordinary and Plenipotentiaryat the Court of His 3Majestythe King of Italy; OFFICIAL DOCUMENTS 403

The Presidentof the French Republic,William Henri Waddington, Senator,Member of the Institute,Minister Secretary of State forForeign Affairs;Charles Raymondde la Croix de Clhevriere,Count de Saint- Vallier, Senator,Ambassador Extraordinary and Plenipotentiaryfrom France at the Court of His Majestythe Emperorof Germany,King of Prussia; and Felix Hippolyte Desprez, Councillorof State; Minister Plenipotentiaryof the First Class, chargedwith the directionof Political Affairsat the Departmentof ForeignAffairs; His Majesty the King of Italy, Louis, Count Corti, Senator, His Ministerfor ForeignAffairs; and Edward, Count de Launay, His Am- bassadorExtraordinary and Plenipotentiaryat the Courtof His Majesty the Emperorof Germany,King of Prussia; His Majestythe Emperorof all the Russias,Alexander, Prince Gort- chakow,His Chancellorof the Empire; Peter, Count de Schouvaloff, Generalof Cavalry,His Aide-de-campGeneral, Member of the Council of the Empire,and His AmbassadorExtraordinary and Plenipotentiary at the Courtof Her BritannicMajesty; and Paul d'Oubril,Privy Coun- cillor,His AmbassadcrExtraordinary and Plenipotentiaryat the Court of His Majestythe Emperorof Germany,King of Prussia; And His Majesty the Emperor of the Ottomans,Alexander Cara- theodoryPasha, His Ministerof Public Works; MehernedAli Pasha, Mushir of His Armies; and Sadoullah Bey, His AmbassadorExtra- ordinaryand Plenipotentiaryat the Court of His Majestythe Emperor of Germany,King of Prussia; WVho,in accordancewith the proposal of the Courtof Austria-Hungary, and on the invitationof the Courtof Germany,have met at Berlin fur- nishedwith full powers,which have been foundin good ancddue form. An understandinghaving been happilyestablislhed between them, they have agreedto the followingstipulations:

ARTICLE I. Bulgaria is constitutedan Autonomousand tributaryPrincipality underthe suzeraintyof His Imperial Majesty the Sultan; it will have a ChristianGovernment and a nationalmilitia.

ARTICLE II. The Principalityof Bulgaria will includethe followingterritories: The frontierfollows on the norththe rightbank of the Danube from the formerfrontier of Servia up to a point to be determinedby a Euro- 404 THE AMERICAN JOURNAL OF INTERNATIONAL LAW pean Commissionto the east of Silistria,and thenceruns to the Black Sea to the southof Mangalia,which is includedin the Roumanianterri- tory. The Black Sea formsthe easternboundary of Bulgaria. On the south the frontierfollows upwards from its mouththe mid-channelof the brooknear whichare situatedthe villagesof Hodzakioj, Selam-Kioj, Aivadsik, Kulibe, Sudzuluk; crosses obliquelythe valley of the Deli- Kamcik,passes southof Belibe and Kemhalikand northof Hadzimahale afterhaving crossed the Deli-Kamcikat 21 kilom.above Cengei; reaches the crest at a point situatedbetween Tekenlik and Aidos-Bredza,and followsit by Karnabad Balkan, PrisevicaBalkan, Kazan Balkan to the northof Kotel as far as Demir Kapu. It proceedsby the principalchain of the Great Balkan, the whole length of which it followsup to the summitof Kosica. There it leaves the crestof the Balkan, descendssouthwards between the villagesof Pirtopand Duzanci, the one beingleft to Bulgaria and the otherto Eastern Roumelia,as far as the brookof Tuzlu Dere, follows thatstream to its junctionwith the Topolnica,then the latterriver until it meets the SmovskioDere near the village of Petricevo,leaving to Eastern Roumeliaa zone with a radius of 2 kilom.above that junction, ascendsbetween the brooksof SmovskioDere and the Kamenica,follow- ing the line of the watershedso as to turnto the south-westat the level of Voinjak and reachdirectly the point875 of the AustrianStaff map. The frontierline cuts at rightangles the upper basin of the brookof IchtimanDere, passes betweenBogdina and Karaula, so as to rejoin the line of the watershedseparating the basins of the Isker and the Marica, betweenCarmurli and Hadzilar, followsthat line by the summitsof Velina Mogila,the " col " 531, ZmailicaVrh, Sumnatica,and rejoinsthe administrativeboundary of the Sandjak of Sofia betweenSivri Tas and Cadir Tepe. From Cadir Tepe, the frontier,taking a south-westerlydirection, fol- lows the watershedbetween the basins of the Mesta Karasu on the one side and the Struma Karasu on the other,runs along the crestsof the mountainsof Rhodopecalled Demir Kapu, Iskoftepe,Kadimesar Balkan, and Aiji Geduk up to Kapetnik Balkan, and thus joins the former administrativefrontier of the Sandjak of Sofia. From Kapetnik Balkan the frontieris indicated by the watershed betweenthe valleysof the Rilska reka and of the Bistricareka, and fol- lows the ridgecalled Vodenica Planina, descendinginto the valleyof the Strumaat the junctionof this riverwith the Rilska reka,leaving the vil- OFFICIAL DOCUMENTS 405

lage of Barakli to Turkey. It ascendsthen south of the villageof Jeles- nica, and reachesby the shortestline the chain of Golema Planina at the summitof Gitka,and rejoinsthere the formeradministrative frontier of the Sandjak of Sofia, leaving,however, to Turkeythe whole of the basin of the Suha reka. From MountGitka the westernfrontier goes towardsMount Crni Vrh bythe mountains of KarvenaJabuka, following the formeradministrative limit of the Sandjak of Sofia in the upperpart of the basins of Egrisu and of the Lepnica, ascends with it the crestsof Babina Polana, and reachesMount Crni Vrh. From Mount Crii Vrh the frontierfollows the watershedbetween the Struma and the Morava by the summitsof the Streser,Vilogolo, and Mesid Planina, rejoins by the Gacina, Crna, Trava, Darkovska,and Drainica Plan, then the Descani Kladanec, the watershedof the High Sukowa and of the Morava,goes straightto the Stol, and descendsfrom it so as to cut the road fromSofia to Pirot, 1,000 metresnorth-west of the village of Segusa. It ascendsin a straightline the Vidlic Planina and thenceMount Radocina in the chain of the Kodza Balkan, leaving to Servia the village of Doikinci,and to Bulgaria that of Senakos. From the summitof MountRadocina the frontierfollows towards the westthe crestof the Balkans by CiprovecBalkan and Stara Planina up to the formereastern frontier of the Principalityof Servia,near to the KIula Smiljova Cuka, and thence that formerfrontier as far as the Danube, whichit rejoinsat Rakovitza. This delimitationshall be fixedon the spot by the European Commis- sion, on whichthe SignatoryPowers shall be represented.It is under- stood- 1. That this Commissionwill take into considerationthe necessityfor His ImperialMajesty the Sultan to be able to defendthe Balkan frontiers of EasternRoumelia. 2. That no fortificationsmay be erectedwithin a radius of 10 kilom. fromSamakow. ARTICLE III. The Prince of Bulgaria shall be freelyelected by the populationand confirmedby the Sublime Porte, with the assent of the Powers. No memberof the ReigningDynasties of the Great European Powers may be electedPrince of Bulgaria. In case of a vacancyin the princelydignity, the electionof the new Prince shall take place under the same conditionsand with the same forms. 406 THE AMERICAN JOURNAI OF TNTERNATIONAL LAW

ARTICLE IV. An Assemblyof Notables of Bulgaria, convokedat Tirnovo, sball, beforethe election of the Prince, draw up the Organic Law of the Principality. In the districtswhere Bulgarians are intermixedwith Turkish,Rou- manian, Greek,or otherpopulations, the rightsand interestsof these populationsshall be takeninto considerationas regardsthe electionsand the drawingup of the OrganicLaw.

ARTICLE V. The followingpoints shall formthe basis of thepublic law of Bulgaria: The differenceof religiouscreeds and confessionsshall not be alleged against any personas a groundfor exclusionor incapacityin matters relating to the enjoymentof civil and political rights,admission to publicemployments, functions, and honours,or the exerciseof the various professionsand industriesin any localitywhatsoever. The freedomand outwardexercise of all formsof worshipare assured to all personsbelonging to Bulgaria, as well as to foreigners,and no hindranceshall be offeredeither to the hierarchicalorganization of the differentcommunions, or to theirrelations with their spiritual chiefs.

ARTICLE VI. The provisionaladministration of Bulgaria shall be under the direc- tion of an Imperial Russian Commissaryuntil, the completionof the OrganicLaw. An ImperialTurkish Commissary, as well as the Consuls delegatedad hoc by the otherPowers, signatory to the presentTreaty, shall be called to assist him so as to controlthe workingof this pro- visional regime. In case of disagreementamongst the ConsularDele- gates,the vote of the majorityshall be accepted,and in case of a diver- gencebetween the majorityand the ImperialRussian Commissaryor the Imperial Turkish Commissary,the Representativesof the Signatory Powers at Constantinople,assembled in Conference,shall give their decision. ARTICLE VII. The provisionalregime shall not be prolongedbeyond a periodof nine monthsfrom the exchangeof the ratificationsof the presentTreaty. Whenthe OrganicLaw is completedthe electionof the Prince of Bul- garia shall be proceededwith immediately.As soon as the Prince shall have been installed,the new organizationshall be put into force,and the principalityshall enterinto the full enjoymentof its autonomy. OFFICIAL DOCUMENTS 407

ARTICLE VIII. The Treatiesof Commerceand of Navigationas well as all the Con- ventionsand arrangementsconcluded between Foreign Powers and the Porte,and now in force,are maiRtainedin the Principalityof Bulgaria, and no changeshall be made in themwith regard to any Power without its previousconsent. No transitduties shall be leviedin Bulgaria on goodspassing through thatPrincipality. The subjects and citizensand commerceof all the Powers shall be treatedin the Principalityon a footingof strictequality. The immunitiesand privilegesof foreigners,as well as the rightsof Consularjurisdiction and protectionas establishedby the Capitulations and usages,shall remainin full forceso long as theyshall not have been modifiedwith the consentof the partiesconcerned.

ARTICLE IX. The amountof the annual tributewhich the Principalityof Bulgaria shall pay to the Suzerain Court- such amountbeing paid into whatever bankthe Portemay hereafterdesignate - shall be fixedby an agreement betweenthe Powers Signatoryof the presentTreaty at the close of the firstyear of the workingof the new organization. This tributeshall be calculatedon the mean revenueof the territoryof the Principality. As Bulgaria is to bear a portionof the publicdebt of the Empire,when the Powersfix the tributethey shall take into considerationwhat portion of that debt can, on the basis of a fair proportion,be assigned to the Principality. ARTICLE X. Bulgaria takes the place of the Imperial OttomanGovernment in its undertakingsand obligationstowards the Rustchuk-VarnaRailway Com- pany,dating from the exchangeof the ratificationsof the presentTreaty. The settlementof the previousaccounts is reservedfor an understanding betweenthe Sublime Porte,the Governmentof the Principality,and the administrationof this Company. The Principalityof Bulgaria likewise,so far as it is concerned,takes the place of the Sublime Porte in the engagementswhich the latterhas contracted,as well towardsAustria-Hungary as towardsthe Company, forworking the railways of EuropeanTurkey in respectto the completion and connection,as well as the workingof the railwayssituated in its territory. 408 THE AMERICAN JOURNAL OF INTERNAT1IGNAL LAW

The Conventionsnecessary for the settlementof these questionsshall be concludedbetween Austria-Hungary, the Porte,Servia, and the Prin- cipalityof Bulgaria immediatelyafter the conclusionof peace.

ARTICLE XI. The Ottomanarmy shall no longerremain in Bulgaria; all the old fortressesshall be razed at the expenseof the Principalitywithin one year or soonerif possible; the local Governmentshall immediatelytake stepsfor their demolition, and shall not constructfresh ones. The SublimePorte shall have the rightof disposingas it likes of the war materialand other effectsbelonging to the OttomanGovernment whichmay have remainedin the fortressesof the Danube alreadyevac- uated in virtueof the Armsticeof the 31st January,as well as of those in the strongholdsof Shumla and Varna.

ARTICLEXII. Mussulmanproprietors or otherswho may take up theirabode outside the Principalitymay continueto hold theretheir real property,by farm- ing it out,or havingit administeredby thirdparties. A Turco-BulgarianCommission shall be appointedto settle,within a periodof twoyears, all questionsrelative to the modeof alienation,work- ing, or use on the accountof the Sublime Porte, of propertybelonging to the State and religiousfoundations (vakoufs), as well as of the ques- tions regardingthe interestsof privatepersons engaged therein. Personsbelonging to the Principalityof Bulgaria,who shall travelor dwell in the otherparts of the OttomanEmpire, shall be subjectto the Ottomanauthorities and laws.

ARTICLE XIII. A provinceis formedsouth of the Balkans whichwill take the name of "Eastern Roumelia," and will remain under the direct political and militaryauthority of His ImperialMajesty the Sultan, underconditions of administrativeautonomy. It shall have a Christian Governor- General. ARTICLE XIV. Eastern Roumelia is bounded on the northand north-westby Bul- garia, and comprisesthe territoriesincluded by the followingline: Startingfrom the Black Sea the frontierfollows upwards fromits mouth the mid-channelof the brook near which are situated the vil- OFFICIAL DOCUMENTS 409 lages of Hodzakioj, Selanm-Kioj,Aivadsik, Kulibe, Sudzuluk, crosses obliquelythe valleyof the Deli Kameik,passes southof Belibe and KIem- halik, and northof Hadzimahale,after having crossedthe Deli-Kameik 2A kilom. above Cengei; reachesthe crest at a point situatedbetween Tekenlikand Aidos-Bredza,and followsit by Karnabad Balkan, Prise- vica Balkan, Kazan Balkan to the northof Kotel as far as Demirkapu. It proceedsby the principalchain of the GreatBalkan, the wholelength of whichit followsup to the summitof Kosica. At this point the westernfrontier of Roumelialeaves the crestof the Balkan, descendssouthwards between the villages of Pirtop and Du- zanci - the one being left to Bulgaria and the otherto Eastern Rou- melia, as far as the brookof Tuzlu Dere, followsthat streamto its junc- tion withthe Topolnica,then the latterriver until it meetsthe Smovskio Dere near the village of Petricevo,leaving to Eastern Roumelia a zone witha radius of 2 kilom.above that junction, ascends between the brooks of SmovskioDere and the Kamenica,following the line of the watershed so as to turnto the south-westat the level of Voinjak and reach directly the point 875 of the AustrianStaff map. The frontierline cuts at rightangles the upper basin of the brookof IchtimanDere, passes betweenBogdina and Karaula, so as to rejoin the line of the watershedseparating the basins of the Isker and the Marica, betweenCamurli and Hadzilar,follows that line bythe summits of Velina Mogila, the " col " 531, Zmailica Vrh, Sumnatica,and rejoins the ad- ministrativeboundary of the Sandjak of Sofia betweenSivri Tas and Cadir Tepe. The frontierof Roumalialeaves that of Bulgaria at MountCadir Tepe, followingthe line of the watershedbetween the basins of the Marica and of its affluentson one side, and of the Mesta Karasu and of its affluents on the other,and takesthe directionsouth-east and thensouth along the crest of the Despoto Dagh Mountains, towards Mount Kruschowa (whencestarts the frontierline of the Treatyof San Stefano). From MountKruschowa the frontieris the same as the line laid down by the Treatyof San Stefano,that is to say, the chain of the Black Bal- kans (Kara Balkan), the mountainsKulaghy-Dagh, Eschek-Tschepellu, Karakolas,and Ischiklar,from whence it descendsdue south-easttill it reachesthe RiverArda, and followsthe mid-channelof this riverup to a pointclose to the village of Adacali, whichremains to Turkey. Fromthis point the frontier line ascendsthe crestof the Bestepe-Dagh, which it follows,then descendsand crossesthe Maritza,at a point sit- 410 THE AMERICAN JOURNAL OF INTERNATIONAL LAW uated 5 kilom. above the bridge of Mustafa Pasha; thenceit takes a northerlydirection by theline of thewatershed between Demirhanli Dere and the small affluentsof the Maritza to KIudelerBair, whenceit runs east to Sakar Bair; fromthis point it crossesthe valley of the Tundza in the directionof Bujuk Derbend,which is leftto the north,as also is Soudzak. From Bujuk Derbend it regains the line of the watershed betweenthe affluents of the Tundza on the northand thoseof the Maritza on the south,up to the level of Kaibilar, whichis includedin Eastern Roumelia,and passes to the southof V. Almali betweenthe basin of the Maritzato the southand the variousstreams which flow straight into the Black Sea, betweenthe villagesof Belevrinand Alatli; it followsto the northof Karanlikthe crestsof Visna and Zuvak,the line whichseparates the watersof the Duka and those of the Karagac-Su, and rejoins the Black Sea betweenthose two rivers.

ARTICLE XV. His Majesty the Sultan shall have the rightof providingfor the de- fenseof the land and sea frontiersof the provinceby erectingfortifica- tionson thosefrontiers, and maintainingtroops there. Internal order is maintainedin Eastern Roumelia by a native gen- darmerieassisted by a local militia. In formingthese corps, the officersof which are nominatedby the Sultan, regardshall be paid in the differentlocalities to the religionof the inhabitants. His Imperial Majestythe Sultan undertakesnot to employirregular troops,such as Bashi-Bazouksand Cireassians,in the garrisonsof the frontiers.The regulartroops detailed for this servicemust not in any case be billetedon the inhabitants. Whenthey pass throughthe province theyshall not make a staythere.

ARTICLE XVI. The Governor-Generalshall have the rightof summoningthe Ottoman troopsin the eventof the internalor externalsecurity of the province beingthreatened. In such an eventualitythe SublimePorte shall inform the Representativesof the Powers at Constantinopleof such a decision, as well as of the exigencieswhich justify it.

ARTICLE XVII. The Governor-Generalof Eastern Roumeliashall be nominatedby the SublimePorte, with the assentof the Powers,for a termof fiveyears. OFFICIAL DOCUMIENTS 411

ARTICLE XVIII. Imnmediatelyafter the exchangeof the ratificationsof the present Treaty,a European Commissionshall be formedto arrange,in concert with the OttomanPorte, the organizationof Eastern Roumelia. This Commissionwill have to determine,within three months, the powersand functionsof the Governor-General,as well as the administrative,judicial, and financialsystem of the province,taking as its basis the variouslaws forthe vilayetsand the proposalsmade in the eighthsitting of the Con- ferenceof Constantinople. The whole of the arrangementsdetermined on for Eastern Roumelia shall formthe subjectof an ImperialFirman, which will be issuedby the SublimePorte, and whichit will communicateto the Powers.

ARTICLE XIX. The European Commissionshall be chargedto administer,in concert withthe SublimePorte, the financesof the provinceuntil the completion of thenew organization.

ARTICLE XX. The Treaties, Conventions,and internationalarrangements of any kind whatsoever,concluded or to be concludedbetween the Porte and foreignPowers, shall applyin EasternRoumelia as in the wholeOttoman Empire. The immunitiesand privilegesacquired by foreigners,whatever their status, shall be respectedin this province. The Sublime Porte undertakesto enforcethere the generallaws of the Empire on religious libertyin favourof all formsof worship.

ARTICLE XXI. The rightsand obligationsof the Sublime Porte with regardsto the railwaysof Eastern Roumeliaare maintainedin theirintegrity.

ARTICLE XXII. The strengthof the Russian corps of occupationin Bulgaria and Eastern IRoumelia,which shall be composedof six divisionsof infantry and two divisionsof cavalry,shall not exceed 50,000 men. It shall be maintainedat the expenseof the countryoccupied. The armyof occupa- tion will preserveits communicationswith Russia not onlythrough Rou- mania,in accordancewith arrangements to be concludedbetween the two States, but also throughthe portsof the Black Sea, Varna and Bourgas, 412 THIE AMERICAN JOURNAL OF INTERNATIONAL LAW whereit may, during the period of occupation,organize the necessary depots. The period of the occupationof Eastern Roumelia and Bulgaria by the ImperialRussian troopsis fixedat nine monthsfrom the date of the exchangeof the ratificationsof the presentTreaty. The Imperial Russian Governmentundertakes that withina further period of threemonths the passage of its troopsacross Roumania shall cease, and that Principalityshall be completelyevacuated.

ARTICLE XXIII. The Sublime Porte undertakesscrupulously to apply in the Island of Crete the Organic Law of 1868, with such modificationsas mav be consideredequitable. Similar laws adapted to local requirements,excepting as regardsthe exemptionfrom taxation granted to Crete,shall also be introducedinto the otherparts of Turkeyin Europe for whichno special organization has been providedby the presentTreaty. The Sublime Porte shall depute special Commissions,in which the native elementshall be largelyrepresented, to settlethe details of the new laws in each province. The schemesof organizationresulting from these labours shall be sub- mittedfor examination to the SublimePorte, which, before promulgating the Acts forputting them into force, shall consultthe European Commis- sion institutedfor Eastern Roumelia.

ARTICLE XXIV. In the eventof the Sublime Porte and Greecebeing unable to agree upon the rectificationof the frontiersuggested in the 13th Protocolof the Congress of Berlin, Germany,Austria-Hungary, France, Great Britain,Italy, and Russia reserveto themselvesto offertheir mediation to the two partiesto facilitatenegotiations.

ARTICLE XXV. The Provincesof Bosnia and Herzegovinashall be occupiedand ad- ministeredby Austria-Hungary.The Governmentof Austria-Hungary, not desiringto undertakethe administrationof the Sandjak of Novi- Bazar, whichextends between Servia and Montenegroin a south-easterly directionto the otherside of Mitrovitza,the OttomanAdministration will continueto exerciseits functionsthere. Nevertheless,in orderto OFFICIAL DOCUMENTS 413 assure the maintenanceof the new political state of affairs,as well as freedomand securityof communications,Austria-Hungary reserves the rightof keepinggarrisons and havingmilitary and commercialroads in the wholeof this part of the ancientVilayet of Bosnia. To this end the Governmentsof Austria-Hungaryand Turkeyreserve to themselvesto cometo an understandingon the details.

ARTICLE XXVI. The independenceof Montenegrois recognizedby the Sublime Porte and by all thoseof the High ContractingParties who had not hitherto admittedit. ARTICLE XXVII. The High ContractingParties are agreedon the followingconditions: In Montenegrothe differenceof religiouscreeds and confessionsshall not be allegedagainst any personas a groundfor exclusion or incapacity in mattersrelating to the enjoymentof civil and political rights,ad- missionto public employments,functions, and honours,or the exercise of the variousprofessions and industriesin any localitywhatsoever. The freedomand outwardexercise of all formsof worshipshall be assuredto all personsbelonging to AMontenegro,as well as to foreigners, and no hindranceshall be offeredeither to the hierarchicalorganization of the differentcommunions, or to their relationswith their spiritual chiefs. ARTICLE XXVIII. The new frontiersof Montenegroare fixedas follows: Startingat Ilino-brdoto the northof Klobuk,the line descendsto the Trebinjcica towardsGrancarevo, which remains to Herzegovina,then ascenadsthe courseof that riverup to a point 1 kilom. below its con- fluencewith the Cepelica,and fromthence passes by the mostdirect line on to the heightswhich border the River Trebinjcica. It then proceeds in the directionof Pilatova,leaving that village to Montenegro,and con- tinuesalong the heightsin a northerlydirection, maintaining as far as possiblea distanceof 6 kilom.from the Bilek-Korito-Gackoroad, up to the "col" betweenthe Somina Planina and Mount Curilo, whenceit proceedsin an easterlydirection by Vratkovici,leaving this village to Herzegovina,up to AMountOrline. Startingfrom this point the frontier, leavingRavno to Montenegro,goes straightto the north-north-east,cross- ing the summitsof the Lebersnikand of the Volujak, then descendsby the shortestline on to the River Piva, whichit crossesand rejoins the 414 THE AMERICAN JOURNAL OF INTERNATIONAL LAW

River Tara, passing betweenCrkiica and Nedvina. From this point it ascendsthe Tara to Mojkovac,from which place it passes along the crest of the ridgeas far as Siskojezero. Leaving this point,it coincideswith the formerfrontier as far as the villageof Sekulare. From therethe new frontierpasses along the crests of the Mokra Planina, the village of Mokra remainingto Montenegro;it then reachesthe point 2166 on the Austrian StaffMap, followingthe principalchain and the line of the watershedbetween the Lim on the one side, and the Drin as well as the Cievna (Zem) on the other. It thencoincides with the existingboundaries between the tribeof the IKuci-Drekalovicion one side, and the Kucka-Krajna, as well as the tribesof theKlementi and Grudi,on the other,to the plain of Podgorica, fromwhence it proceedstowards Plavnica, leavingthe Klementi,Grudi, and Hoti tribesto Albania. Thence the new frontiercrosses the lake near the Islet of Gorica. Topal, and, fromGorica-Topal, takes a straightline to the top of the crest,whence it followsthe watershedbetween Megured and Kalimed, leavingMrkovic to Montenegro,and reachingthe Adriaticat V. Kruci. On the north-westthe frontierwill be formedby a line passing from the coast betweenthe villagesof Susana and Zubci, and terminatingat the extremesouth-east point of the existingfrontier of Montenegroon the Vrsuta Planina. ARTICLE XXIX. Antivariand its sea-boardare annexedto Montenegrounder the fol- lowingconditions: The districtssituated to the southof thatterritory, in accordancewith the delimitationabove laid down,as far as the Boyana, includingDul- cinjo, shall be restoredto Turkey. The Communeof Spica, as far as the southernmostpoint of the terri- toryindicated in the detaileddescription of the frontiers,shall be incor- poratedwith Dalmatia. Montenegroshall have full and completefreedom of navigationon the Boyana. No fortificationsshall be constructedon the course of that riverexcept such as may be necessaryfor the local defenseof the strong- hold of Scutari,and theyshall not extendbeyond a distanceof 6 kilom. fromthat town. Montenegroshall have neitherships of war nor flagof war. The port of Antivariand all the watersof Montenegroshall remain closedto the shipsof war of all nations. OFFICIAL DOCUM:ENTS 415

The fortificationssituated on Montenegrinterritory between the lake and the coastsshall be razed,and none shall be rebuiltwithin this zone. The administrationof the maritimeand sanitarypolice, both at Anti- vari and along the coast of Montenegro,shall be carriedout by Austria- Hungaryby meansof lightcoast-guard boats. Montenegroshall adopt the maritimecode in forcein Dalmatia. On her side Austria-Hungaryundertakes to grantConsular protection to the Montenegrinmerchant flag. Montenegroshall cometo an understandingwith Austria-Hungary on the rightto constructand keep up acrossthe new Montenegrinterritory a road and a railway. Absolute freedomof communicationshall be guaranteedon these roads. ARTICLE XXX. MIussulmansor otherspossessing property in the territoriesannexed to Montenegro,who maywish to take up theirresidence outside the Princi- pality,can retaintheir real propertyeither by farmingit out,or by hav- ing it administeredby thirdparties. No one shall be liable to be expropriatedotherwise than by legal process forthe publicwelfare, and witha previousindemnity. A Turco-MontenegrinCommission shall be appointedto settle,within a periodof threeyears, all questionsrelative to the mode of alienation, working,or use, on the accountof the Sublime Porte, of the property belongingto the State and religiousfoundations (Vakoufs), as well as of the questionsregarding the interests of privateparties engaged therein.

ARTICLE XXXI. The Principalityof Montenegroshall come to a directunderstanding withthe OttomanPorte with regard to the establishmentof Montenegrin agentsat Constantinople,and at certainplaces in the OttomanEmpire wherethe necessitvfor them shall be admitted. Montenegrinstravelling or residingin the OttomanEmpire shall be subject to the Ottomanlaws and authorities,according to the general principlesof internationallaw, and the customsestablished with regard to Montenegrins. ARTICLE XXXII. The Montenegrintroops shall be boundto evacuatewithin twenty days fromthe date of ratificationof the presentTreaty, or soonerif possible, the territorythat theyoccupy at presentbeyond the new limits of the Principality. 416 THE AMERICAN JOURNAL OF INTERNATIONAL LAW

The Ottomantroops shall evacuatethe territoriesceded to Montenegro within the same period of twentydays. A supplementaryperiod of fifteendays shall, however,be grantedto them,as well for evacuating the fortressesand withdrawingthe stores and material of war from them,as fordrawing up inventoriesof the implementsand articleswhich cannotbe immediatelyremoved.

ARTICLE XXXIII. As Montenegrois to bear a portionof the Ottomanpublic debtfor the new territoriesassigned to her by the Treaty of Peace, the Representa- tivesof the Powersat Constantinopleshall determinethe amountof the same in concertwith the SublimePorte on an equitablebasis.

ARTICLE XXXIV. The High ContractingParties recognizethe independenceof the Principalityof Servia,subject to the conditionsset forthin the following Article. ARTICLE XXXV. In Servia the differenceof religiouscreeds and confessionsshall not be alleged againstany personas a groundfor exclusionor incapacityin mattersrelating to the enjoymentof civil and politicalrights, admission to public employments,functions, and honours,or the exerciseof the variousprofessions and industries,in any localitywhatsoever. The freedomand outwardexercise of all formsof worshipshall be assuredto all personsbelonging to Servia, as well as to foreigners,and no hindranceshall be offeredeither to the hierarchicalorganization of the differentcommunions, or to theirrelations with their spiritual chiefs.

ARTICLE XXXVI. Servia receivesthe territoriesincluded in the followingdelimitation: The new frontierfollows the existingline ascendingthe mid-channel of the Drina fromits confluencewith the Save, leaving Mali Zwornik and Sakhar to the Principality,and continuesto follow the former boundaryof Servia as far as the Kopaonik,leaving it at the summitof the Kanilug. From that point it followsat firstthe westernboundary of the Sandjak of Nisch by the southernspur of the BKopaonik,by the crests of the Marica and Mrdar Planina, which form the watershed betweenthe basins of the Ibar and Sitnica on one side, and that of the Toplica on the other,leaving Prepolac to Turkey. OFFICIAL DOCUMENTS 417

It thenturns to the southby the watershedbetween the Brvenicaand the Medvedja,leaving the wholeof the basin of the Medvedja to Servia; followsthe crests of the Goljak Planina (which formsthe watershed betweenthe Kriva-Rjekaon one side and the Poljanica, Veternica,and Morawa on the other), as far as the summitof the Poljanica. It then followsthe spur of the Karpina Planina as far as the confluenceof the Koinska and the Morawa,crosses this river,and ascends by the water- shed betweenthe Koinska brook and the streamwhich falls into the Morawa near Neradovce,to reach the Sv. Ilija Planina above Trgoviste. Thence it followsthe crestof the Sv. Ilija as far as Mount Kljuc, and passing by the points marked 1516 and 1547 on the map, and by the Babina Gora,it reachesMount Crni-Vrh. From Mount Crni Vrh, the new delimitationcoincides with that of Bulgaria,that is to say: The line of frontierfollows the watershedbetween the Struma and the Morawa by the summitsof Streser,Vilogolo, and Mesid Planina, rejoinsby the Gacina, Crna Trava, Darkovska,and Drainica Plan, then the Descani Kladanec, the watershedof the Higlh Sukowa and of the Morawa,goes straightto the Stol, and descendsfrom it so as to cut the road fromSofia to Pirot,I,000 metresnorth-west of the villageof Segusa. It ascendsin a straiglitline the Vidlic Planina, and thenceMount Plado- cina in the chain of the Kodza Balkan, leavingto Servia the village of Doikinci,and to Bulgaria thatof Sanakos. From the summitof MountRadocina the frontierfollows towards the north-west,the crest of the Balkans by Ciprovec Balkan and Stara Planina up to the formereastern frontier of the Principalityof Servia, near to the Kula Smiljova cuka, and thencethat formerfrontier as far as the Danube,which it joins at Rakovitza.

ARTICLE XXXVII. Until the conclusionof fresharrangements no change shall be made in Servia in the actual conditionsof the commercialintercourse of the Principalitywith foreign countries. No transitduties shall be leviedon goodspassing through Servia. The immunitiesand privilegesof foreignsubjects, as well as the rights of Consular jurisdictionand protection,as at presentexisting, shall remain in full force so long as thev shall not have been modifiedby mutualconsent between the Principalitvand the Powersconcerned. 418 THE AMERICAN JOURNAL OF INTERNATIONAL LAW

ARTICLEXXXVIII. The Principalityof Servia takesthe place, so far as it is concerned,of the SublimePorte in the engagementswhich the latterhas contractedas well towardsAustria-Hungary as towardsthe Companyfor the working of the railwaysof Turkeyin Europe, in respectto the completionand connection,as well as the workingof the railwaysto be constructedon the territorynewly acquired by the Principality. The Conventionsnecessary for settlingthese questionsshall be con- cluded, immediatelyafter the signatureof the presentTreaty, between Austria-Hungary,the Porte, Servia, and, withinthe limitsof its com- petency,the Principalityof Bulgaria.

ARTICLEXXXIX. Mussulmanspossessing property in the territoriesannexed to Servia, who may wish to reside in the Principality,may retaintheir real prop- erty,either by farmingit out or by having it administeredby third parties. A Turco-ServianCommission shall be appointedto settle,within a period of three years,all questionsrelative to the mode of alienation, working,or use, on the accountof the Sublime Porte, of the property belongingto the State and religiousfoundations (Vakoufs), as well as of the questions regardingthe interestsof private persons engaged therein. ARTICLE XL. Until the conclusion of a Treaty between Turkey and Servia, Servian subjectstravelling or residingin the OttomanEmpire shall be treated accordingto the generalprinciples of internationallaw.

ARTICLE XLI. The Serviantroops shall be boundto evacuatewithin fifteen days from the exchangeof the ratificationsof the presentTreaty the territorynot comprisedwithin the new limitsof the Principality. The Ottomantroops shall evacuate the territoriesceded to Servia within the same term of fifteendays. A supplementaryterm of an equal numberof days shall, however,be grantedto them as well for evacuatingthe fortressesand withdrawingthe provisionsand material of war as for drawingup the inventoryof the implementsand objects whichcannot be removedat once. OFFICIAL DOCUMENTS 419

ARTICLE XLII. As Servia is to bear a portionof the OttomanPublic Debt forthe new territoriesassigned to her by the presentTreaty, the Representativesat Constantinopleshall fix the amountof it in concertwith the Sublime Porte on an equitablebasis.

ARTICLE XLIII. The High ContractingParties recognizethe independenceof Rou- mania, subjectto the conditionsset forthin the two followingArticles.

ARTICLE XLIV. In Roumania the differenceof religiouscreeds and confessionsshall not be allegedagainst any personas a groundfor exclusion or incapacity in mattersrelating to the enjoymentof civil and politicalrights, admis- sion to public employments,functions, and honours,or the exerciseof the variousprofessions and industriesin any localitywhatsoever. The freedomand outwardexercise of all formsof worshipshall be assuredto all personsbelonging to the RoumanianState, as well as to foreigners,and no hindranceshall be offeredeither to the hierarchical organizationof the differentcommunions, or to theirrelations with their spiritualchiefs. The subjectsand citizensof all the Powers,traders or others,shall be treatedin Roumania,without distinction of creed,on a footingof perfect equality. ARTICLE XLV. The Principalityof Roumaniarestores to His Majestythe Emperorof Russia that portionof the Bessarabianterritory detached from Russia by the Treatyof Paris of 1856,bounded on thewest by the mid-channel of the Pruth,and on the southby the mid-channelof the Kilia Branchand the Stary-Stamboulmouth.

ARTICLE XLVI. The islands formingthe Delta of the Danube, as well as the Isle of Serpents,the Sandjak of Toulteha, comprisingthe districts (eazas) of Kilia, Soulina Mahmoudie,Isaktcha, Toulteha, Matchin,Babadagh, Hirsovo,Kustendje, Medjidie, are added to Roumania. The Principality receivesin additionthe territorysituated to the southof the Dobroutcha as far as a line startingfrom the east of Silistriaand terminatingon the Black Sea, southof Mangalia. 420 THE AMERICAN JOURNAL OF INTERNATIONAL LAW

The frontierline shall be determinedon the spot by the European Commissionappointed for the delimitationof Bulgaria.

ARTICLE XLVII. The questionof the divisionof the watersand the fiesheriesshall be submittedto the arbitrationof the European Commissionof the Danube.

ARTICLE XLVIII. No transitduties shall be leviedin Roumaniaon goodspassing througb the Principality. ARTICLE XLIX. Roumania shall have power to make Conventionsto determinethe privilegesand attributesof Consuls in regardto protectionwithin the Principality. Existingrights shall remainin forceso long as theyshall not havebeen modifiedby the mutualconsent of the Principalityand the partiesconcerned. ARTICLE L. Until the conclusionof a Treatybetween Turkey and Roumania,fixing the privilegesand attributesof Consuls,Roumanian subjects travelling or residingin the OttomanEmpire, and Ottomansubjects travelling or residingin Roumania,shall enjoy the rightsguaranteed to the subjects of otherEuropean Powers.

ARTICLE LI. With regard to public worksand otherenterprises of a like nature, Roumaniashall be substitutedfor the SublimePorte as regardsits rights and obligationsthroughout the ceded territory.

ARTICLE LII. In orderto increasethe guaranteeswhich assure the freedomof navi- gation on the Danube whichis recognizedas of European interest,the High ContractingParties determinethat all the fortressesand fortifica- tiolnsexisting on the courseof theriver from the Iron Gatesto its mouths shall be razed,and no new ones erected. No vesselof war shall navigate the Danube below the Iron Gates with the exceptionof vesselsof light tonnagein the serviceof the riverpolice and Customs. The " station- naires" of the Powersat the mouthsof the Danube may,bowever, ascend the riveras far as Galatz. OFFICIAL DOCUMENTS 421

ARTICLE LIII. The EuropeanCommission of the Danube on whichRoumania shall be representedis maintainedin its functions,and shall exercisethem hence- forth as far as Galatz in complete independenceof the territorial authorities. All the Treaties,arrangements, acts, and decisionsrelating to its rights,privileges, prerogatives, and obligationsare confirmed.

ARTICLE LIV. One year beforethe expirationof the termassigned for the duration of the EuropeanCommission the Powersshall cometo an understanding as to the prolongationof its powers,or the modificationswhich they may considernecessary to introduce.

ARTICLE LV. The regulationsrespecting navigation, river police, and supervision fromthe Iron Gates to Galatz shall be drawnup by the European Com- mission,assisted by Delegates of the RiverainStates, and placed in har- monywith those which have been or may be issuedfor the portionof the riverbelow Galatz. ARTICLE LVI. The European Commissionof the Danube shall come to an arrange- mentwith the properauthorities to ensurethe maintenanceof the light- houseon the Isle of Serpents.

ARTICLE LVII. The executionof the workswhich have fortheir object the removalof the obstacleswhich the Iron Gates and the Cataractsplace in the way of navigationis entrustedto Austria-Hungary.The RiverainStates on this part of the rivershall affordevery facility which may be requiredin the interestof the works. The provisionsof the VIth Articleof the Treaty of London of the 13th March,1871, relatingto the rightof levyinga provisionaltax in order to cover the cost of these works,are maintainedin favour of Austria-Hungary. ARTICLELVIII. The SublimePorte cedesto the RussianEmpire in Asia the territories of Ardahan,Kars, and Batoum,together with the latterport, as well as 422 THE AMvERICAN JOURNAL OF INTERNATIONAL LAW all the territoriescomprised between the formerRusso-Turkish frontier and the followingline: The new frontierstarting from the Black Sea, and coincidingwith the line laid down by the Treaty of San Stefano as far as a point to the north-westof Khorda,and to the southof Artwin,continues in a straight line as far as the River Tchoroukh,crosses this riverand passes to the east of Aschmichen,going in a straightline to the southso as to rejoin the Russian frontierindicated in the Treatyof San Stefano,at a point to the southof Nariman,leaving the townof Olti to Russia. From the point indicatednear Nariman the frontierturns to the east, passes by Tebrenee,which remains to Russia, and continuesas far as the Pennek Tschai. It followsthis riveras far as Bardouz,then turnstowards the south, leavingBardouz and Jonikioyto Russia. From a point to the west of the villageof Klaraougan,the frontiertakes the directionof Medjingert, continuesin a straightline towardsthe summitof the MountainKassa- dagh, and followsthe line of the watershedbetween the affluentsof the Araxeson the northand thoseof the MouradSou on the south,as far as the formerfrontier of Russia.

ARTICLE LIX. His Majestythe Emperorof Russia declaresthat it is his intentionto constituteBatoum a freeport, essentially commercial.

ARTICLE LX. The valleyof Alaschkerdand the townof Bayazid,ceded to Russia by ArticleXIX of the Treatyof San Stefano,are restoredto Turkey. The SublimePorte cedes to Persia the townand territoryof Khotour, as fixedby the mixedAnglo-Russian Commission for the delimitationof the frontiersof Turkeyand of Persia.

ARTICLE LXI. The SublimePorte undertakesto carryout, without further delay, the improvementsand reformsdemanded by local requirementsin the prov- incesinhabited by the Armenians,and to guaranteetheir security against the Circassiansand Kurds. It will periodicallymake knownthe steps taken to this effectto the Powers,who will superintendtheir application. OFFICIAL DOCUMENTS 423

ARTICLE LXII. The Sublime Porte having expressedthe intentionto maintain the principleof religiousliberty, and give it the widestscope, the Contract- ing Partiestake note of this spontaneousdeclaration. In no partof the OttomanEmpire shall differenceof religionbe alleged againstany personas a groundfor exclusion or incapacityas regardsthe dischargeof civil and political rights,admission to the public employ- ments,functions and honours,or the exerciseof the variousprofessions and industries. All personsshall be admitted,without distinction of religion,to give evidencebefore the tribunals. The freedomand outwardexercise of all formsof worshipare assured to all, and no hindranceshall be offeredeither to the hierarchicalorgani- zationof thevarious communions or to theirrelations with their spiritual chiefs. Ecclesiastics,pilgrims, and monks of all nationalitiestravelling in Turkeyin Europe, or in Turkeyin Asia, shall enjoy the same rights, advantages,and privileges. The rightof officialprotection by the Diplomaticand ConsularAgents of the Powers in Turkeyis recognizedboth' as regardsthe above-men- tioned personsand their religious,charitable, and otherestablishments in the Holy Places and elsewhere. The rightspossessed by France are expresslyreserved, and it is well understoodthat no alterationscan be made in the statusquo in the Holy Places. The monksof MountAthos, of whatevercountry they may be natives, shall be maintainedin theirformer possessions and advantages,and shall enjoy,without any exception,complete equality of rightsand preroga- tives. ARTICLE LXIII. The Treatyof Paris of March30, 1856, as well as the Treatyof Lon- don of March 13, 1871, are maintainedin all such of theirprovisions as are notabrogated or modifiedby the precedingstipulations.

ARTICLE LXIV. The presentTreaty shall be ratified,and the ratificationsexchanged at Berlinwithin three weeks, or soonerif possible. In faithwhereof the respectivePlenipotentiaries have signed it, and affixedto it the seal of theirarms. 424 THE AMERICAN JOURNAL OF INTERNATIONAL LAW

Done at Berlin,the thirteenthday of the monthof July,one thousand eighthundred and seventy-eight. (L. S.) (Signed) BEACONSFIELD. (L. S.) SALISBURY. (L. S.) ODO RUSSELL. (L. S.) V. BISMARCK. (L. S.) BULOW. (L. S.) HOHENLOHE. (L. S.) ANDRASSY. (L. S.) KAROLYI. (L. S.) HAYMERLE. (L. S.) WADDINGTON. (L. S.) SAINT-VALLIER. (L. S.) HI. DESPREZ. (L. S.) L. CORTI. (L. S.) LAUNAY (L. S.) GORTCHAKOW. (L. S.) SCHOUVALOFF. (L. S.) P. D'OUBRIL. (L. S.) AL. CARATHEODORY. (L. S.) MEHEMED ALI. (L. S.) SADOULLAH.

THE DEFINITIVE TREATY OF PEACE BETWEEN RUSSIA AND THE PORTE..

Signed at Constantinopleon 8th February,1879.

Au nom de Dieu tout-puissant. S. M. L'Empereurde toutesles Russies et S. M. 1'Empereurdes Otto- mans, desirantconsacrer le retablissementde la paix entre les deux Empires, et regler definitivement,par un traite,les clauses du traite preliminairede San Stefano qui doivent faire l'objet d'une entente directeentre les deux Rtats, ont nommepour leurs plenipotentiaires: S. M. l'Empereurde toutes les Russies, d'une part, le Prince Alexis Lobanow-Rostovsky,&c.; et S. M. l'Empereurdes Ottomans,de l'autre, Al. CaratheodoryPacha, &c., et Ali Pacha, &c.; Lesquels, apres avoir echangeleurs pleins-pouvoirs,&c., sont tomb6sd'accord sur les articles suivants: