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Studies on the Eastern Question

Published online by Cambridge University Press:  04 May 2017

G. Scelle
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Extract

Eastern Europe is at the present moment in such a condition of unstable equilibrium and fermentation that it can not be known whether this abnormal state of affairs can end in peace or in war. The map of the East, so carefully prepared by the Congress of Berlin in 1878, is hardly more than a memory. The state of conventional law which resulted, having been decreed in an arbitrary manner, could only be artificial; and being sustained solely by the balancing of the forces of the Eastern States, it had to be modified according to circumstances, thus furnishing a new illustration of the importance of the harsh rule of interpretation of treaties known as the clause “ rebus sic stantibus.” The sudden happenings of 1908 have for their remote but certain cause the war in Manchuria, that grave political blunder of St. Petersburg. Held in check upon the Bosphorus by England, supplanted little by little at Constantinople by German influence, Russia, modifying the line of policy which she had constantly followed since the testament, spurious or genuine, but undoubtedly realistic of Peter the Great, thought to find in the extreme East an outlet for her political and territorial ambitions. There she disclosed her own military weakness rather than the strength of her adversary, and suffered the annihilation of her political influence in Europe. Even the Western balance of power was affected. France lost Morocco; and as for the Eastern balance of power, it no longer exists, and the kingdom of Servia has lost the reason for its existence. It is through the sudden displacement of the two sides of the scales into which Russia and Austria had thrown the weight of their swords that the Eastern upheaval was created.

Type
Research Article
Information
American Journal of International Law , Volume 5 , Issue 1 , January 1911 , pp. 144 - 177
Copyright
Copyright © American Society of International Law 1911

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References

1 Translated from the French by Mr.Fenwick, Charles G., of Johns Hopkins University, Baltimore Google Scholar.

2 From the religious point of view it is usual to mention Turkish fanaticism. It is an undeniable trait of popular psychology, but in the governing classes it is rather a matter of pride than of hate. Turkish conquests have always respected the beliefs of the conquered people. It is possible that this tolerance was based on contempt, but it existed, and the Turks might on this point have set an example to the Christian governments, Catholic or Protestant. They have never believed that religious unity was an essential factor for state unity, and neither the inquisition of Torquemada nor that of Calvin was known to them.

3 Supplement to this Journal, 2:391.

4 See Treaty of Berlin, Supplement to this Journal, 2:403.

5 This Article goes no further than to subject to police regulations relating to good order in the state, Bulgarians traveling in the Turkish Empire, a rule to which all nations are subject.

6 This organization is the sole subject of Chapter XII of the organic law, which fixes the basis of nationality and naturalization, as well as of later Bulgarian laws. No other state, and especially not Turkey, could lawfully intervene in the organization and development of the Bulgarian nation.

7 Formerly Moldo-Wallachia; at the present time, Samos, Egypt. and Crete. The bonds of suzerainty are chiefly nominal and honorary, sometimes pecuniary.

8 Here are some of the propositions made by Gabdou Effendi, Turkish Commissioner, appointed to negotiate with M. Tzanoff the conditions of recognition of the actual facts of the situation in Roumelia:

1. His Highness will bear the title of Prince of Bulgaria and Lieutenant of His Imperial Majesty for Eastern Roumelia.

2. The Bulgarian Army will form an integral part of the Turkish army.

3. His Imperial Majesty, the Sultan, will have the supreme command of the Bulgarian army in the person of His Highness the Prince.

4. A guard of honor in the Bulgarian army will be attached to the service of His Majesty the Sultan in Constantinople.

5. The Bulgarian army will defend the frontiers of the principality and of the province against all invasion, with the cooperation of the Turkish army.

6. The Bulgarian army will lend its assistance in defending all the European frontiers of the Empire.

* * * * * * *

8. In case of war the Bulgarian army, in part or in whole, will be mobilized in accordance with Turkish mobilization.

9. In time of peace a division of this Bulgarian army will at the disposition of the Sultan, etc. * * *

Prince Alexander hesitated to accept these conditions, but those to which he agreed, while attentuated in form, contained practically the same provisions. Minister Tzanoff agreed:

4. That in case of invasion of the principality or the province, which are integral parts of the Empire, such parts of the Imperial army as may be needed will be sent to cooperate in the defence, in concert with the Bulgarian army, under the command of the Prince. In case of invasion of the villayets of Europe (the text says the “other” Roumelia) the Bulgarian army will be put at the disposition of the Sultan, and will fight under the command of the superior Imperial officers.

This was transforming the fusion of the two armies into an alliance, thus respecting the existence of the Bulgarian army, and hence Bulgaria as a separate state; but in fact it was compelling vassalage to produce its maximum effect, it was to return to it its character of a military fief. Had this clause been maintained, it is possible that Bulgaria would never have won, as it did, its actual independence and its individual existence.

9 See this document in the Yellow Book of Roumelia, p. 56e.

10 Organic Regulations, Chap. I, Art. 6.

11 Organic Regulations, Chap. XII, local militia.

12 12 Art. XVII of the Treaty of Berlin, 7 of the organic law.

13 This is what happened at the time of the expiration of the term of Alek-Pasha, who in spite of the success he attained was replaced by Gapul Pasha, who proved unequal to his task. The removal was against the wishes of the people, who wanted Alexander, and solicited his retention.

14 Art. 10, Organic law. Art. 13 indicates its competence in provincial matters.

15 Art. 11.

16 See the Yellow Book relating to Roumelia, Protocols of the Conference.

17 Railroads, post-offices, vakoufs, etc.

18 This protocol was preceded by a Turco-Russian settlement of March 3d, 1909, of which we shall later have occasion to speak and to which the preamble alludes. The agreement between Bulgaria and Turkey came about in fact only because of the initiative of Russia who engaged to procure for the Turkish Government the sum of 42 millions, representing the difference between the Bulgarian offers and the last Turkish claims. The text follows:

The following agreements have taken place between the Turkish Imperial Government, represented by His Excellency Rifaat Pacha, Minister of Foreign Affairs, on the one part, and the Bulgarian Government, represented by His Excellency Mr. Liaptcheff, Minister of Commerce and Agriculture, on the other, in execution of the Russo-Turkish protocol signed ad referendum at St. Petersburg, March 3, 1909.

Art. 1. The Bulgarian Government, having taken notice of the stipulations of the said protocol, declares its intention to adhere to it fully and to renounce in respect to the Imperial Turkish Government all claims arising from the first section of Art. X of the Treaty of Berlin, relative to the railroad of Roustchouk-Varna. On its part the Imperial Turkish Government renounces, in accordance with Art. 3 of the Russo-Turkish protocol of St. Petersburg, all material claims against Bulgaria and Eastern Roumelia existing up to Sept. 22/Oct. 5, 1908. However the stipulations in fine of Art. 3 of the said protocol will stop at the words: “by the Organic Law and its supplements,” and to that line will be added the following sentence : “The Bulgarian Government will pay interest of 5 % on the 40 millions of francs of the Roumelian debt from Sept. 22/Oct. 5, 1908, until the ratification of the present protocol.”

Art. 2. The settlement annexed hereto in connection with the organization of Mussulman Communities and Vakouf properties forms an integral part of the present protocol, and will be signed at the same time. Liberty of creed and free practice of religion will be assured to Mussulmen as in the past. They will continue to enjoy the same civil and political rights as inhabitants of other religious belief. The name of his Imperial Majesty, the Sultan, as Khalif, will continue to be used in public prayers of Mussulmen. In regard to the Mutesna Vakoufs, the Bulgarian Government will organize, in a period not exceeding three months, an administrative commission which will examine the validity of the claims of interested persons.

Art. 3. The Bulgarian Government engages itself to pay for the claims of the Ottoman Government, on account of posts and telegraphs, 110,000 for postage stamps, fixtures, etc.

Art. 4. In regard to lighthouses situated in Bulgaria or Eastern Roumelia, the Bulgarian Government will pay to the Imperial Turkish Government 180,307 francs; thus settling all claims of the light-house service.

Art. 5. The Bulgarian Government recognizes the justice of the demands of the Sublime Porte in regard to sanitary service, and engages itself to pay 459,939 and a half piasters

Art. 6. The various sums mentioned in Arts. 3 and 5 of the present protocol, will be paid at Constantinople at the official exchange of 4, 40, for those stipulated in francs, and within fifteen days from the ratification of the present protocol. The interest provided for in Art. 5 in fine of the Russo-Turkish protocol will be paid under the same conditions and within the same time.

Art. 7. The direct debt of Bulgaria to the Eastern Railways Co., resulting from transportation, confiscated property, etc., as well as compensation for use from 9/22 Sept. 1908, on the lines occupied until the adjustment of the share coming to the Company of the forty million francs specified in Art. 3 of the protocol of St. Petersburg, will be settled by mutual agreement between the Company and the Bulgarian Government.

Art. 8. Questions pending between the Imperial Turkish Government and the Bulgarian Government, specified in Art, 5 of the protocol of St. Petersburg, having been settled as hereabove described, the Imperial Turkish Government recognizes the new political state of Bulgaria.

Art. 9. The present protocol will be ratified and the ratifications will be exchanged at Constantinople, as soon as possible, and not later than within a month.

Made in duplicate at Constantinople 6/19 April, 1909.

(S.) Liaptcheff. (L. S.) (S.) RIFAAT. (L. S.)