Treaty of Sèvres

“ Should an Allied Power, Russia, or a State or Government of which the territory formerly constituted a part of Russia, have been forced since August 1, 1914, by reason of military occupation or by any other means or for any other cause, to grant or to allow to be granted by the act of any public authority, concessions, privileges and favours of any kind to Turkey or to a Turkish national, such concessions, privileges and favours are ipso facto annulled by the present Treaty. ”

“ Powers of which the seat of the Government is outside Europe will be entitled merely to inform the Government of the French Republic through their diplomatic representative at Paris that their ratification has been given; in that case they must transmit the instrument of ratification as soon as possible.
A first procès-verbal of the deposit of ratifications will be drawn up as soon as the Treaty has been ratified by Turkey on the one hand, and by three of the Principal Allied Powers on the other hand. ”

“ Turkey will remain bound to give every facility for any investigation which the Council of the League of Nations, acting if need be by a majority vote, may consider necessary, in any matters relating directly or indirectly to the application of the present Treaty. ”

“ They shall endeavour in all cases to follow as nearly as possible the descriptions given in the Treaties, taking into account, as far as possible, administrative boundaries and local economic interests. ”

“ ARTICLE II. In consequence of which treaties, and in order to establish firmly this union and correspondence, their Britannic, most Christian, and Catholic Majesties promise and engage, by the present defensive treaty of alliance, to guaranty reciprocally their kingdoms, states, and dominions under their obedience, in what parts of the world soever situate, as also the rights and privileges of their commerce, the whole according to the treaties ”

“ The law of nations would have given this guaranty if the treaty had been silent upon the subject, and the result would have been the same if the territory had been acquired by conquest and not by cession. ”

“ Sewall said, some doubts might be entertained, perhaps, as to the propriety of this measure. It is certainly a novel doctrine to pass a law declaring a treaty void; but the necessity arose from the peculiar situation of this country. In most countries, it is in the power of the Chief Magistrate to suspend a treaty whenever he thinks proper; here Congress only has that power. We have, said he, during this session, in a variety of cases, suspended the treaties in question, by authorizing measures of hostility against France, contrary to the stipulations contained therein. ”

“ On the 14th of March, 1812, she promised France 30,000 men; but she prepared prudent secret instructions for them. She obtained a vague promise of an increase of territory, as an indemnity for her share of the expenses of the war, and the possession of Gallicia was guaranteed to her. She admitted, however, the future possibility of a cession of part of that province to the kingdom of Poland; but in exchange for that she would have received the Illyrian provinces. The sixth article of the secret treaty establishes that fact. ”

“ The Prince’s councilors, however, were reassured by the reflection that a marriage would conciliate all parties, and, being unable to understand the immensity of the Imperial projects, they looked upon such an alliance, together with the sacrifice of a few men and of the liberty of trade, as the conclusion of a definitive treaty. They yielded, therefore, to the soldierly arguments of Savary, and finally crossed the frontier. ”

“ The British parliament assembling on the thirteenth day of January, the king gave them to understand that the peace of Europe was now established by the treaty of Seville, built upon the foundation of former treaties, and tending to render more effectual what the contracting powers in the quadruple alliance were before engaged to see performed. ”

“ The most important negotiation in foreign affairs was the Treaty of Seville, which was practically concluded during Caroline’s regency, though it was not signed until a little later (November 9th, 1729) . This treaty terminated the long dispute between England and Spain. By its provisions, English trade to America, which had been interrupted, was restored. ”

“ ARTICLE III. The ministers of his Britannic Majesty and of his most Christian Majesty, having alledged that in the treaties concluded at Vienna between the Emperor and the King of Spain, in the year one thousand seven hundred twenty-five, there were divers clauses that infringed the articles of the several treaties of commerce, or of the treaties of peace in which commerce may be concerned, antecedent to the year one thousand seven hundred twenty-five ”

“ He called them all the fools and dolts you can imagine, said it was necessary I should talk to the doctor, fluttered the chart in their faces, asked them if they could afford to break the treaty the very day they were bound a-treasure-hunting.
"No, by thunder!" he cried. "It's us must break the treaty when the time comes; and till then I'll gammon that doctor, if I have to ile his boots with brandy." ”

“ Enough has been said to show, that, if such a sovereignty could be exercised after a treaty has been signed, it would be a power to change materially the relations which the people of a ceded territory had to each other ”

“ This article, though very frequent in treaties, seems to look very oddly in that of the barrier. Popish princes are here invited, among others, to become guarantees of our protestant succession; every petty prince in Germany must be entreated to preserve the queen of Great Britain upon her throne. The king of Spain is invited particularly, and by name, to become guarantee of the execution of a treaty, by which his allies, who pretend to fight his battles and recover his dominions, strip him in effect of all his ten provinces ”

“ The Consuls went up to Atua, they went down to Aána; the oarsmen toiled, the talking men pleaded; they are said to have met with threats in Atua, and to have yielded to them—at 399 least, in but a few days’ time they came home to us with a new treaty of pacification. Of course, and as before, the Government troops were whitewashed; the Savaii ruffians had been stripping women and killing cats in the interests of the Berlin Treaty; there was to be no punishment and no inquiry; let them retire to Savaii with their booty and their dead. ”

“ Previous to 1848 there existed two methods for peaceably settling disputes among members of the Confederation,—friendly remonstrance and arbitration.
1. Friendly Remonstrance.—This was the plan adopted in the two earliest treaties of alliance, those of 1291 and 1315. In both cases there were only three parties to the treaty,—Uri, Schwyz, and Unterwalden,—and the object was to settle disputes between neighbors, and in a friendly and informal way. The “Witan,” or wise men, met together to heal the quarrel according to the rules of equity and right. ”

“ I did not think myself, from the tenor of Yr Lordship's letter of the 8th of April, authorized to give publicly, any reason for delaying the evacuation of the Posts, tho' perhaps it might have had some effect in quickening the efforts of Congress to produce the execution of the Article of the Difinitive Treaty in favor of the Royalists, tho' I held the same private conversation to Lt.-Col. Hull as I had to Lt.-Col. Fish."—Haldimand to Lord Sydney Quebec, July 16, 1784. ”

“ Attend chiefly to those in which the great powers of Europe are the parties; such as the treaty of the Pyrenees, between France and Spain; the treaties of Nimeguen and Ryswick; but, above all, the treaty of Munster should be most circumstantially and minutely known to you, as almost every treaty made since has some reference to it. For this, Pere Bougeant is the best book you can read, as it takes in the thirty years’ war, which preceded that treaty. The treaty itself, which is made a perpetual law of the empire, comes in the course of your lectures upon the ‘Jus Publicum Imperii’. ”

“ ARTICLE V. Although it was stipulated by the preliminaries that all hostilities should cease on both fides, and that if any trouble or hostilities should happen between the subjects of the contracting Powers, either in Europe, of in the Indies, the contracting powers should concur for the reparation of damages sustained by their respective subjects; and notwithstanding this it is alledged, that on the part of the subjects of his Catholic Majesty acts of disturbance and hostilities have been continued ”

“ Congress are inclined to peace, notwithstanding the unjust claims from which this war originated, and the savage manner in which it hath been conducted. They will therefore be ready to enter upon the consideration of a treaty of peace and commerce not inconsistent with treaties already subsisting, when the King of Great Britain shall demonstrate a sincere disposition for that purpose. ”

“ For this reason, the common manner of disposing of territories of a defeated enemy, when the recipient of the territory is agreed to by all concerned, is by cession in a treaty of peace (see, e.g., Italian Treaty of 1947, Arts. 6, 11, 14; Hungarian Treaty of 1947, Art. 1, Finnish Treaty of 1947, Art. 2) .
Where the recipient is not agreed to by all concerned, a power of disposition, limited or unlimited depending on particular circumstances, is often given by the defeated enemy in the treaty. ”

“ This alteration does not prejudice to the Emperor, or threaten him with any hereafter, because his strict and religious observation of treaties will not suffer him to oppose the Infante’s promis’d succession; nor will the bona fide of the king of Spain let him employ his 6000 Spaniards on any design but what is stipulated by the treaty of Seville.
3. This alteration was not made without substantial reasons. The Imperialists always opposed the motion for putting Spaniards in garrison in the towns of Tuscany and Parma ”

“ And as we already have treaties on this basis, with France, Holland, Sweden, and Prussia, the two former of which are perpetual, it will be but small additional embarrassment to extend it to Spain. On the contrary, we are sensible it is right to place that nation on the most favored footing, whether we have a treaty with them or not, and it can do us no harm to secure by treaty a reciprocation of the right. ”

“ The analogy between treaty-making and legislation is striking when a congress agrees upon general principles which are afterwards accepted by a large number of states, as, for instance, in the case of the Geneva conventions for improving the treatment of the wounded. Many political treaties containing “transitory conventions,” with reference to recognition, boundary or cession, become, as it were, the title-deeds of the nations to which they relate. [2] But the closest analogy of a treaty is to a contract in private law. ”

“ That whatever were proposed to France by a minister of the alliance, should be backed by the whole confederacy: That a time might be fixed for the conclusion, as there had been for the commencement, of the treaty." Spain was to be demanded out of the hands of the Bourbon family, as the most effectual means for preventing the union of that kingdom with France; and whatever conditions the allies could agree upon for hindering that union, their lordships were peremptorily to insist on. ”

“ The duke of Shrewsbury was one out of eight or nine lords, that stood by my lord Bolingbroke yesterday, in the debate about the Spanish treaty, and spoke with a good deal of spirit. Is it likely he is to be turned out of all? The lords have made a representation to the queen, in which they desire her to surmount the insurmountable difficulties the Spanish trade lies under by the last treaty. It is thought there was a majority in the house to have prevented such a reflection upon the treaty, if they had come to a division. ”

“ Both Lincoln and Seward wisely resisted the passions of the hour, and when Great Britain demanded their release under the treaty of Ghent, wherein the right of future search of vessels was disavowed, Seward yielded, and referring to the terms of the treaty, said:
“If I decide this case in favor of my own Government, I must disavow its most cherished principles, and reverse and forever abandon its essential policy. The country cannot afford the sacrifice. ”

“ The principal articles of the treaty provided, that the contracting parties should mutually aid each other against all enemies; that they should reciprocally prefer this alliance to that with any other, the vicar of Christ excepted; that the Spanish sovereigns should enter into no understanding with any power, the vicar of Christ excepted, prejudicial to the interests of France; that their children should not be disposed of in marriage to the kings of England, or of the Romans, or to any enemy of France, without the French king's consent. ”

“ The hardship of the inhabitants being handed over to a new Sovereign against their will can be lessened by a stipulation in the treaty of cession binding the acquiring State to give the inhabitants of the ceded territory the option of retaining their old citizenship on making an express declaration. ”

“ It is agreed besides that in all the stipulated cases of cessions, there shall be allowed to the inhabitants, of whatever rank or nation they may be, a term of three years, reckoning from the notification of the present treaty, to dispose of all their properties, whether acquired by them before or during the continuance of the present war; during which term of three years, they shall have free and entire liberty to exercise their religion, and to enjoy their fortunes. ”