"مذكرة تتعلق بالملاحة في نهري دجلة والفرات". [و‎‎٦‎٨] (٢٨٤/١٣٦)

3
Testa's << Collection of Turkish Treaties," and are
quoted and referred to by Young in his "Corps
de Droit ottoman."
In referring to these treaties, Mr. Young, in
his " Corps de Droit ottoman," says : " En pre
sence d'un texte aussi clairement redige, la
Sublime Porte a renonce a toute opposition
active aux reclamations etrangdres.'' (Vol. iii,
p. 65.)
Sir G. Lowther, in his No. 228 of the 19th
March, 1912, commenting on this statement,
expressed an opinion that this did not refer to
" cabotage fluvial " or " petit cabotage," but only
to direct trading.
State Papers, In the convention with Hussia, signed at Con-
767, and P 768.' stantinople on the 10th (24th) June, 1783,
article 1 is as follows :—
" La Sublime Porte permet eutierement a tous leg
sujets russes eD general de naviguer librement et de
trafiquer dans tous ses l^tats tapt par terre que sur les
mers et eaux, ainsi que sur le Danube, et partout ou la
navigation et le commerce pourront convenir auxsujets
russes."
Article 2 grants rights of entry to the subjects
of the two contracting parties into ports, places,
and towns with their vessels.
Article 6 allows the subjects of the Sublime
Porte "venir par terre et par mer" in
Hussia.
It will be noticed that Russians were allowed
to navigate " les mers et eaux" and also the
Danube, the lower part of which was at that
time wholly within Turkish territory. ^
The question of the right of foreign nations to
navigate the rivers of the Ottoman Empire under
their own flags was raised in 1856 with regard to
the Nile and the Mahmoudieh Canal.
Her Majesty's agent and Consul-General in
Egypt reported that certain exclusive rights of
towing on the Nile and canals of Egypt had
been granted to an Egyptian Towing Company
for fifteen years.
His despatch was submitted to the Board of
Trade and to the Queen's Advocate, and he was
informed on the 17th November, 1856 (No. 40),
that " as regards the British flag, this right ' [of
navigation] "can only be claimed under the
Treaty with Turkey of the 16th August, 1838,
on the ground that the Sultan has ' granted it
to, or * suffered it to be enjoyed' by, the ships
Hon. P. Bruce,
No. 38,
August 30, 1856.