No. 39.
Mr. Kasson
to Mr. Evarts.
Vienna, August 3, 1878. (Received August 22.)
Sir: In concluding my review of the negotiations at Berlin, and of the action of the great powers in the Oriental question, I now beg your attention to those points of the treaty which may affect the conventional, the commercial, or the religious interests of the United States. As you will soon be in possession of an authentic copy of the treaty, I content myself with attracting your notice to the articles of the treaty without copying the text.
I. Bulgaria (Articles 1–12).—By Article 7, as soon as the constitutional regulations of this principality shall be completed (within nine months) a prince is to be elected; and so soon as he shall be inaugurated “the principality shall enter into the full enjoyment of its autonomy.”
The language of the eighth article is not so clear in the French as it should be, and it is still more obscure in the English translation as published at London. But it is clear that our treaty with Turkey remains in force over Bulgaria until our consent has been obtained to its modification. And it would seem that Bulgarian autonomy includes the exclusive right to agree with foreign powers upon such modifications. Consular jurisdiction continues as heretofore until changed, and perfect equality is established among foreigners of the different nationalities. The doubt is whether this autonomy, while the Sultan remains suzerain, excludes the Porte from all right of intervention in respect to new conventions between Bulgaria and foreign powers. I believe that to be the intention.
II. Roumania (Articles 40–49).—Roumania as an independent government has full treaty-making powers (Article 46), but rights already acquired continue until modified by new agreement between her and the other nationality concerned.
III. Servia (Articles 31–39).—By Article 34 the present conventional arrangements of every sort touching commercial, consular, and personal rights of foreigners in the Servian principality remain in full vigor until modified by common accord of Servia and the foreign power interested.
IV. Montenegro (Articles 24–30).—Although admitted to independence absolutely by Article 24, subsequently, by Article 27, the independence of Montenegro is conditioned, in connection with her acquisition of a sea-coast. She can have neither vessels nor flag of war, and must adopt the same maritime legislation as that which exists in the Austrian littoral province of Dalmatia, and must submit to the maritime and sanitary police of Austria-Hungary. Her waters can admit no foreign vessel of war. Austria-Hungary promises to give consular protection to the merchant flag of Montenegro. Subject to these provisions, which are [Page 51] conditions rather of her littoral annexations than of her governmental independence, Montenegro has obtained all the treaty-making rights of an independent government without the reservation of the continuing force of existing Turkish treaties over her territory.
V. Provisions touching religion.—Absolute freedom and equality of religious faith and profession for all forms of faith and worship, and of the persons adhering to these different forms of faith, are expressly stipulated in Bulgaria (Article V), in Montenegro (Article XXV), in Servia (Article XXXII), and in Roumania (Article XLI), in identical phraseology. The new province of Eastern Roumelia has the assurance (Article XX) of only that religious freedom which is guaranteed by the general laws of the Ottoman Empire. But by Article LVII religious liberty and the personal equality of the adherents of all the religious rites are stipulated and declared for all the provinces of the Turkish dominions.
The exceptional situation of Bosnia and Herzegovina, from which the Sultan’s authority is excluded, leaves a question whether in these districts this guaranty will be enforced. It cannot be done by the Porte. If decreed at all, therefore, effect must be given to it by the Vienna government; and Austria, as a signatory of the stipulation, can be called on to enforce it so long as she maintains her occupation, while admitting these provinces to be a part of the Ottoman Empire; for the stipulation of religious liberty is universal—“dans toutes les parties de l’Empire ottoman.”
You will observe in reading the model article (V) how completely that equality of religious right is expressed. I wrote you before the meeting of the congress in respect to the propriety and possibility of ameliorating the condition of the Jews in these principalities, by coming to accord with European governments upon some clause of a treaty in which this could be secured as a condition of the recognition of their independence. This result has been attained by the great powers in the Berlin Treaty; but it remains to give effect to it by a change of the laws in the several principalities. Unless and until this is done, it would be wise to incorporate the provision in substance in any treaty made with the principalities; and especially so in the case of a government which is not a party to the Berlin Treaty.
VI. From my knowledge of the condition of these several principalities, now become independent or autonomous, I feel authorized to urge upon the home government the propriety—I might almost say the necessity—of establishing a consular representation of the United States in each of them, and of attaching them to some convenient diplomatic jurisdiction. There should certainly be a consul at Bucharest, at Belgrade, and at Antivari.
I have, &c.,