, 1880-03-10
THE TRIPARTITE TREATY OF 1856.
80. IRON the Timely


Austria, and France jointly and severally
guaranteed the integrity and independence
OF the Ottoman Empire, is still in force.
The answer of Lord Beaconsfeld will have
its interest as coming from the chief of the
Government and the statesman most re-
sponslble for its policy, but we do not
know that much can be added to what was
said on the subject a few days since. The
question was raised by Sir William Har-
court in the House of Commons ON Friday.
Lord George Hamilton had stated during
the recess that the treaty in question was
virtually superseded by the Treaty of Der.
lin and the Anglo-Turkish Convention.
Sir William HarcOurt asked it this cOnten-
ton of a subordinate member OF the Gov
eminent represented the views Of the
Cabinet. The Attorney.General replied,
in effect, that the argument of Lord
George Hamilton, though practically cor
rect, was legally uusound. An internation-
al undertaking is only formally abrogated
by the act of those who were originally
parties to it. The Tripartite Treaty still
exists therefore, and is still formally and
legally operative; but it is thrown into the
shade by engagements subsequently enter
ed into. To this tho Chancellor of the
E%xchequer added, on behalfof the Cabinet,
tHuU tuOuSH tiuC 4llpLl ~ 1ICdOJ Co uOU
formally abrogated, and though he was
not prepared to say what might be the
effect of an appeal to it in any circumstan-
ces not at present existing, yet the view
expressed by Lord George Hamilton was
"practically and politically correct" The
practical validity of an international en-
gagement depends very much upon Cir
cumstanceS. What remained of the Treaty
of Paris after the Treaty of Berlin was
signed was formally re-enacted in the lat
ter instrument. The Tripartite Treaty,
not being mentioned i'll the Treaty of Ber-
lin, and not having been ~abrogated by its
sigDatories, remains, of course, formally
intact. But all international engagements
are contracts of imperfect obligation, with
no more imperative sanction than public
opinion and national expediency, or war
in the last resort. 1t rested with Austria,
France, and England jointly or severally
to fulfil the engagement Of the Tripartite
Treaty when the occasion arose if they
thought fit. But Turkey had no right
under the treaty to call upon them to Go SO,
and they virtually gave notice on the
failure Of the ~COnstantinople Conference
that they did not intend to do so. What
has happened since does not abrogate the
treaty, but it practically extinguishes the
probability OF it's being acted upon in pre-
sent circumstances. There is also to be
noticed the view of Professor Holland, set
forth in q letter we published to-day, that
the Turkey of 1880 being q very different
State from the Turkey of 1856, the obliga.
ton aSSumed at the former period to
maintain it has now lapsed.
Such being the case, it is very fortunate
that the Treaty OF Berlin, the existing
charter of European tranquility in regard
to the Eastern Question, rests on the
security of a powerful public opinion as
well as Of the avOWed wishes and interests
of the leading States Of Europe. Ii this
were not the case, if the settlement sane
toned at Berlin were liable to be rear
ranged according to the hopes or fears of
diplomatic quidnuncs, there would seem
to be very little security for the mainten-
ance. OF European peace. In a letter We
print this morning our Correspondent at
Constantinople cOnderses for us the gossip
which at present takes the air Ofprophecy
in that imaginative capital. Austria, We
are told, is about to assume the role aban-
doned for the moment by Russia, and is
preparing to- determine the fate of the
Turk. Russia has enough to do in dealing
with domestic questions, and in repairing
the losses of TIE Late war. Aware OF this
fact, and recognized in it an opportunity
not to be missed, Austria, we are asked to
believe, now designs to, make a fresh adj
vance, and to seize a large portion of the
Balkan Peninsula. England, according to
theEame view, is to be compensated in the
direction lofJASia8 Minor and Syria: and