"Finally, that the negotiations necessary to give to the "arrangements, in virtue whereof the Prince and Princess "of Glücksbourg shall be acknowledged as successors presumptive to the throne of Denmark, the character of an European transaction, shall take place in London.

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"The undersigned reserve to themselves to submit the "present protocol to their august Sovereigns, and to solicit "their high approbation in favour of the provisions it ❝contains.

"In accordance with the orders of my Court, it "becomes my duty to communicate to your Excellency "the accompanying Note, which I have this moment given "to the Minister of Denmark, upon signing conjointly "with him the Treaty of this day's date.

"In requesting you to have the goodness to take cognizance "of it, I have the honour, &c.

Translation of a Note addressed by Baron Brunnow
"to the Minister for Denmark.

"The undersigned, Envoy Extraordinary and Minister Plenipotentiary of His Majesty the Emperor of All the "Russias to Her Britannic Majesty, having been authorised "to sign the Treaty, concluded this day conjointly with His

"Excellency the Chamberlain de Bille, Envoy Extraordinary "and Minister Plenipotentiary of His Majesty the King of "Denmark, has been ordered to transmit to him at the same "time the present Note, for the purpose of recalling and renewing the reserves contained in the Protocol of War"saw of 1851; which, after having received the "sanction of His Majesty the Emperor of All the Russias, "and of His Majesty the King of Denmark, was conveyed "to the knowledge of the Cabinets who have signed the present Treaty.

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24 May

5 June

"The third paragraph of the protocol above mentioned "is worded in these terms :—

"Wishing on his part to complete the titles resulting "from these renunciations, and thus to effect an arrange"ment which would be of such high importance for the "❝maintenance of the Danish monarchy in its integrity; His "Majesty the Emperor of All the Russias, as chief of the "elder branch of Holstein Gottorp, would be ready to "'renounce the eventual rights which belong to him in "favour of Prince Christian of Glücksbourg and of his "male lineage.

"Nevertheless, it is understood that the eventual rights "of the two younger branches of Holstein Gottorp should "be expressly reserved;

"That those which the august chief of the elder branch "should abandon for himself, and for his male lineage, in "favour of Prince Christian of Glücksbourg, and of his "male lineage, should be revived in the Imperial House of "Russia whenever (which God forbid) the male lineage of "that Prince should become extinct;

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"That inasmuch as the renunciation of His Majesty the Emperor would principally have for its object to facilitate "an arrangement called for by the chief interests of the "monarchy, the offer of such a renunciation would cease to "be obligatory, if the arrangement itself should fail.”

"In renewing, by order of his Government, the reserves "above mentioned, the undersigned, &c. &c."

CHAPTER II.

HOW TREATIES ENTERED INTO BEFORE THE WAR ARE AFFECTED WHEN THE WAR IS CONCLUDED AND PEACE RESTORED.

DXXIX. IT seems to be a branch of the question-1, how the public relations of States are affected by a treaty which concludes a War; 2, to consider what effect the War has upon Treaties existing before the War, but which are not mentioned or referred to in the new Treaty of Peace.

Many Treaties, especially those relating to leagues for War or for Commerce, are only contracted for a limited period, at the expiration of which they become invalid unless renewed. This renewal is not always expressly, but sometimes tacitly (a) affected. M. de Martens observes that more than one Treaty of Commerce entered into in the seventeenth century was in existence towards the end of the eighteenth century.

As, theoretically speaking, a private contract may be tacitly annulled by a total alteration of the circumstances on which it was founded; so it has been made a matter of dispute, with respect to Treaties among States, whether a change of circumstances subsequent to the Treaty does not operate to the defeasance of the Treaty itself. For instance, it was a matter of dispute whether Austria, being bound by

(a) G. F. Von Martens, Ueber die Erneuerung der Verträge in den Friedenschlüssen der Europäischen Mächte. Göttingen, 1797. Bluntschli, 1. viii. § 538.

Calvo, § 729.

Heffters, § 122.

the Barrier-Treaty of the United Netherlands to admit Dutch garrisons into the fortresses, which were to serve as a defence against France, remained under this obligation after the greater part of these fortresses had been demolished during the War of the Austrian Succession. Joseph the Second, in 1781, seems to have had little hesitation in razing (b) them to the ground.

With respect to Treaties with a State which has ceased to possess an independent existence (c), it seems evident that the public contracts with it cease with the cessation of its distinct personality-as with Poland after its partitions, and the Crimea after its subjugation to Russia in 1783.

But this observation requires an important limitation. Such a loss of personality and independence leaves unimpaired the obligations of what are usually, but somewhat carelessly, termed transitory Treaties, that is to say, Treaties relating to cessions of territory, to demarcations of boundary, to that particular class of obligations called Servitutes Juris Gentium (d), the nature and character of which have been already discussed in this work.

Certain Genoese families, the Counts of Casati and others, pressed their claims to certain portions of Crimean territory upon the Russians, both in 1779 and in 1783, at which latter period the subjugation of the Crimea was complete. Russia replied on both occasions that she would recognise no claims which did not flow from the provisions of her Treaty with the Porte. This answer, in the opinion of De Martens, was, in 1783, whatever it might have been in 1779, bad in law (e).

DXXX. It was at one time an international custom that the Belligerents should, at the breaking out of War,

(b) See De Martens, Rec. des Tr. t. iv. p. 433, for State Papers on the subject.

(c) Vide antè, vol. i. pt. ii. ch. vi. vii.

(d) Vide antè, vol. i. pt. iii. ch. xv.

(e) Ueber die Erneuerung der Verträge, p. 7.

make a public and solemn proclamation that the obligations of Treaties between them had ceased (f). That custom has become obsolete. In the place of it has arisen the general maxim, that War, ipso facto (von selbst), abrogates Treaties between the Belligerents. The questions which present themselves for our consideration are, first, whether this proposition be true in all its latitude, or whether it requires any -and if any, what-limitations, before it can be enunciated as one of the admitted and incontrovertible principles of International Jurisprudence?

Secondly, if it be universally, or with certain limitations, true, that Treaties annulled by War are revived by the return of Peace without express stipulations to that effect?

DXXXI. The general maxim must manifestly be subject to limitation in one case, namely, in the case of Treaties which expressly provide for the contingency of the breaking out of War between the contracting parties: and the Judges of the North American United States were well warranted in saying, "We are not inclined to admit the doctrine urged "at the bar, that Treaties become extinguished, ipso facto, "by War between the two governments, unless they should "be revived by an express or implied renewal on the return "of Peace. Whatever may be the latitude of doctrine laid "down by elementary writers on the law of nations, dealing "in general terms in relation to this subject, we are satisfied "that the doctrine contended for is not universally true. "There may be Treaties of such a nature, as to their object "and import, as that War will put an end to them; but "where Treaties contemplate a permanent arrangement of "territorial and other national rights, or which in their "terms are meant to provide for the event of an intervening "War, it would be against every principle of just interpre"tation to hold them extinguished by the event of War. "If such were the law, even the Treaty of 1783, so far as it "fixed our limits and acknowledged our independence, would

(f) Leibnitz, Præf. ad Cod. Diplom. Jur. Gentium.

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