The New York herald., 1870-11-17

NEW YORK
only one 70 raise his voice TO point out to the Cabi.
nets that by this toleration they would put them
selves In contradiction with the explicit stipuations
OF the treaty Beyond doubt II these concessions,
granted to one Of the Christian nationaties Of the
East had resulted from general understanding be-
tween the Cabinet and the Porte, by virtue Of
principle applicable to the whole OF the Christian
populations OF Turkey. the imperial Cabinet would
hsve nothing to do but applaud But they were ex-
elusive.
The imperial Cabinet then could not but be struck
with the fact that 1t had been possible to infringe
with impunity the treaty Of 1885, but few years
after It's conclusion In OF its essential clauses
In the face OF the great Powers assembled in con-
ference at Paris ana representing as whole the
high collective authority upon which rested
the peace OF the East This infraction
was not the only one. At several
intervals and under various pretexts the entrance
to the Straits has been opened to foreign ships OF
war, and that OF the Black Sea to whole squadrons,
the presence OF which was violation Of the cha
racter Of absolute neutrality ascrbed to these
waters.
In proportion as the pledges offered by the treaty
grew week, and especially the guarantees
Sea, the introduction Of ironclad ships, un.
known and unforeseen at the time Of
Here the despatch breaks ofr1
The following lie the letter from Earl Granville
Minister OF Foreign Affairs to Sir A. Buchanan, the
English Ambassador at st. Petersburg
EARL oRANvILLE's REPLY.
FOREIGN OFFICE Nov. 10, 1870.
sIR-Baron Brunnow made me yesterday o com.
munication respecting the Convention between the
Emperor Of Russia and the Sultan OF Turkey, limit
ing their forces In the Black Sea- which was signed
in Paris on the soth OF March, 1850, and to which
you aude in your telegram OF yesterday afternoon.
In my despatch OF yesterday 1 gave you an
account Of what passed between us, and now pro-
pose to observe upon Prince Gortschakoff's de-
spatches OF the 10th inst. and Goth ult, which was
communicated to me by the Russian Ambassador
here. On that occasion Prince GortschakoT de-
clared, on the part OF his Imperial Majesty. that
the treaty Of 1850 has been infringcd In various
respects to the prejudice OF Russia, especially
in case Of the Prncipallties, against the ex-
pliclt protest OF his representatives. and that in
consequence OF these inractons Russia is entitled
to renounce those stpulations Of the treaty which
directly touch her interests. It Is then announced
that she win not bc bound by the treaties which
restrict her rights and sovereignty in the Black Sea-
We have here an allegation that certain facts have
occurred which, in the judgment Of Russia, are
at variance with certain stipulations, and the
assumption Is made that Russia, upon the strength
Of her own Judgment as to the character OF those
facts entitled TO release herself from certain other
stipuations Of that instrument. This assumption Is
limited in its practical application to some provi
sons OF the treaty. but the assumption Of a right
to renounce any one Of its terms, involves an as.
sumption Of right to renOunce the whole.
This statement is wholly Independent OF the rea-
sonableness or unreasonableness, on Its own merits
OF the desire OF Russia to be released from the OBJ
servance Of the stpulatiens Of the treaty OF 1856
respecting the Black Sea. For the question is in
whose hand lies the power OF releasing one
or more of the parties from all or any Of
tness etipulalonss i has always been held
that this right belongs only to the governments who
have been parties 70 the original instrument. The
dispatches Of Prince Gortschakon appears to as
spme that any q the Powers who have signed the
engagement may allege that occurrences have taken
place which in lis opinion are at variance with the
provisions OF the treaty, and although this view is
Powers, it may found, upon that allegation, not
request to those governments for consideration
OF the case, but an announcement to them that 1t
has emancipated ITSELF or holds itself emanclpated,
1T TO dlsapprove. Yeti is quite evident that the
eGeq. Of snch doctrine and Of any proceeding
which with or without avowa is founded upon
it. is to bring the entire authority and efficacy
or treaties under the discretionary control OF
each one OF the powers who may have signed them;
the result OF which would be the entire destruction
or treaties in their essence. For, whereas, their
whole object is to bind Powers to one another, and
for this purpose each of the Powers surrenders
portion OF its free agency. BY the doctrine and
proceedings now In question, one OF the parties in
its separate and individual capacity, brings back
the entire subject into its own control and remains
bound only to itself accordingly.
Prince Gortschakor has announced in those de.
spatches the intention of Russia to continue To OBJ
serve certain OF the provisions OF the treaty. How.
ever satisfactory this may be In itself, 1t IS obv
ously expression Of the free VIII Of that Power
which 1t might at any time alter or Withdraw: