imply that Constantinople should be a free port under international guarantee.

Economic considerations are considered elsewhere; but it seems necessary to note here how far they would be inconsistent with the solutions suggested on a racial basis. Many difficulties would be avoided if some system, like that under which the Serbians were, in 1913, allowed access to Salonika and an extra-territorial enclave, could be more widely adopted, or even if a certain number of free ports, with railway communication, could be established. Greece has plenty of harbours, but needs facilities for connecting up her railway system with that of Central Europe. These various interests, so far as affected by new frontiers, might perhaps be reconciled by mutual concessions. In any case, they do not seem to render impracticable a solution which may otherwise commend itself.

III. THE STRAITS QUESTION

1695-1739, Russian Rights in Black Sea.-The question of the Bosphorus and the Dardanelles, which is intimately bound up with that of the rights of navigation in the Black Sea, is an intricate problem of International Law. A discussion of it from the legal point of view would be out of place here; but it will be convenient to give an historical summary of the relevant facts.

So long as no other Power than Turkey owned the shores of the Black Sea, the question of the Straits did not arise. In 1695 Russia constructed a fleet during her attack on the fort of Azov, which was captured in 1696 and assigned to Russia by the Peace of Constantinople in 1700. Azov, together with other forts, had to be razed in accordance with the stipulations of the Treaty of the Pruth in 1711; in 1736 it was recovered, but had again to be abandoned by the Treaty of Belgrade in 1739, which also expressly forbade Russia to maintain or to build a fleet or other ships on the Sea of Azov (Zabache) or the Black Sea. Merchandise was to be freely interchanged between Russia and Turkey, but it must be carried on the Black Sea in Turkish ships, according to the arrangement already made by the Commercial Treaty of Passarowitz in 1718.

1774, Right to pass through Straits. By the Treaty of Kuchuk Kainarji in 1774, Russia became definitely a Black Sea Power. Free and 'unlimited navigation was granted to merchant vessels of both Russia and Turkey in all seas washing their shores, and free

passage to and from the Mediterranean. Freedom of trade was also given to Russian ships in all Turkish ports, together with all privileges and exemptions that were accorded to French and British ships by the capitulations. Turkey, however, evaded the clause as to granting free access through the Straits to the Mediterranean; and this right was confirmed by an explanatory convention in 1779. A Russian man-ofwar having entered the Straits of Constantinople in 1780, further discussions took place between the two Powers; and a convention was agreed to in 1781. The right of the passage of the Straits for merchant ships was confirmed again by the Commercial Treaty of 1783, which is quoted as a precedent in later arrangements (Akkerman, 1826).

1798, Straits opened to Russian Warships, closed to others. By the Treaty of Constantinople of December 23, 1798, between Russia and Turkey for mutual defensive action, Turkey agreed to the free passage of Russian warships through the Straits, and closed them to those of other nations. In the following years, while Turkey vacillated between Russia, France, and England, Russia secured a renewal of this article in the treaty of 1805, with the addition of a clause that any attempt of a third Power on the Straits would be regarded as a casus fœderis, and jointly opposed by Russia and Turkey. On the other hand, the French representative, Sebastiani, tried to induce the Turks to close the Bosphorus and Dardanelles to all British and Russian ships. Russia protested; and one of the reasons given by Turkey for declaring war on Russia in 1807 was the abuse by Russia of the permission granted her in sending men-of-war through the Straits for other purposes than the protection of the Ionian Islands or similar defensive objects.

1809, Passage of Straits closed to all Warships.In 1807 a British fleet, under Vice-Admiral Duckworth, forced the passage of the Dardanelles and anchored off Constantinople, though no formal declara

tion of war preceded or followed this action, which was due, according to a treaty concluded between Britain and Turkey in 1809, to "les apparences d'une mésintelligence survenue à la suite des événements du temps." This treaty (sometimes called the Treaty of the Dardanelles) renews the rights of British commerce in the Black Sea and other privileges, as granted by the treaty of 1675 (Capitulations), and recently confirmed in 1799. Article XI runs as follows:

Comme il a été de tout temps défendu aux vaisseaux de guerre d'entrer dans le canal de Constantinople, savoir dans le détroit des Dardanelles et dans celui de la mer Noire, et comme cette ancienne règle de l'Empire ottoman doit être de même observée dorénavant en temps de paix vis-à-vis de toute Puissance, quelle qu'elle soit, la cour britannique promet aussi de se conformer à ce principe."

This is virtually the first definite statement, as an international rule, of a principle ever since acknowledged, though it is described as an ancient rule of the Ottoman Empire.

1826, Rights of Mercantile Navigation confirmed.— In the Treaty of Akkerman (1826) the right of passage of the Straits by Russian merchant ships was confirmed, as granted by the Commercial Treaty of 1783. Free navigation is secured for Russian merchant ships in all Turkish waters, including the right of transhipment, in case of necessity. And

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The Sublime Porte will accept the good offices of the Imperial Russian Court in granting, in accordance with former precedents, the entrance of the Black Sea to vessels of Powers friendly to the Ottoman Government, which have not, as yet, obtained that privilege, so that the import trade of Russia, by means of their vessels, and the export of Russian produce on board of them, may not be subject to any impediment."

Article 7 of the Treaty of Adrianople (1829) confirms the grant of free navigation of the Black Sea, the Dardanelles, and the Bosphorus to all merchant ships, whether Russian, or under the flags of Powers at peace with Turkey, going to or coming from Russian ports. No delay, search, or detention is to occur; and any

infringement of these stipulations will be considered as an act of hostility, involving reprisals against the Ottoman Empire.

1833, Straits closed to Foreign, but not to Russian Ships. During the troubles with Mehemet Ali, a Russian squadron proceeded to the Bosphorus, and anchored off Constantinople. The fortifications of the Dardanelles were improved under Russian supervision, and six Russian warships were allowed to pass through the Straits. To the Treaty of Unkiar Skelessi (July 8, 1833), in which mutual aid was promised by Russia and Turkey, a separate and secret article was added, which stated that the aid mutually promised was not to be asked for by Russia, but that Turkey,

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in place of the aid which it is bound to furnish in case of need, according to the principle of reciprocity of the Patent Treaty, shall confine its action in favour of Russia to closing the Straits of the Dardanelles--that is to say, to not allowing any foreign vessels of war to enter therein under any pretext whatever.

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A protest against this was made on August 26, 1833, by France and Britain, who hold themselves at liberty to act . . . as if the treaty. . . were not in existence." Permission for Russian war vessels to pass the Straits is not expressly mentioned in the treaty, but is by many authorities thought to be implied.

1840, Co-operation for Security of Straits.-The Convention of London for the Pacification of the Levant (1840) aimed at supporting the Sultan against Mehemet Ali, and provided for the co-operation of Britain, Austria, Prussia, and Russia with Turkey to place the Straits in security against all aggression. The former Powers were to withdraw their forces to the Black Sea and the Mediterranean respectively when the Sultan "shall deem their presence no longer necessary."

and

The measure is to be regarded as exceptional,

"shall not derogate in any degree from the ancient rule of the Ottoman Empire, in virtue of which it has at all times been