Have authorized the Undersigned to conclude the following arrangement: ART. I. Differences which may arise of a legal nature, or relating to the interpretation of Treaties existing between the two Contracting Parties, and which it may not have been possible to settle by diplomacy, shall be referred to the Permanent Court of Arbitration established at The Hague by the Convention of the 29th July, 1899, provided, nevertheless, that they do not affect the vital interests, the independence, or the honour of the two Contracting States, and do not concern the interests of third parties. II. In each individual case the High Contracting Parties, before appealing to the Permanent Court of Arbitration shall conclude a special agreement defining clearly the matter in dispute, the scope of the powers of the Arbitrators, and the periods to be fixed for the formation of the Arbitral Tribunal at the several stages of the procedure. It is understood that such special agreements on the part of the United States will be made by the President of the United States, by and with the advice and consent of the Senate thereof, and, on the part of Switzerland, by the Federal Council of the Swiss Confederation, with the advice and consent of the Federal Assembly. III. The present Convention is concluded for a period of five years, dating from the day of the exchange of the ratifications. IV. The present Convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof; and by the Government of the Swiss Confederation in accordance with its constitution and laws. The ratifications of this Convention shall be exchanged at Washington as soon as possible, and it shall take effect on the date of the exchange of its ratifications. Done in duplicate, in the English and French languages, at Washington, this 29th day of February, in the year 1908. (L.S.) ELIHU ROOT. (L.S.) L. VOGEL. NOTIFICATION of the Ratification by Turkey of the Radiotelegraphic Convention of November 3, 1906.—London, July 1, 1909. Count Metternich to Sir Edward Grey. (Translation.) German Embassy, London, July 1, 1909. In compliance with my instructions, I have the honour to inform you that the International Radiotelegraphic Convention, signed at Berlin on the 3rd November, 1906,* has now been ratified by Turkey. The ratification has reached Berlin, and has been taken charge of by the Imperial Government. I have, &c. P. METTERNICH. THE CONSTITUTION of the Ottoman Empire The Ottoman Empire. ART. 1. The Ottoman Empire comprises the existing territories and divisions and the privileged provinces. It forms an indivisible whole, and can never allow any part to be detached for any reason whatever. 2. Constantinople shall be the capital of the Ottoman Empire. That city shall possess no privilege or immunity not enjoyed by other Ottoman towns. 3. The Imperial Ottoman sovereignty, which carries with it the Supreme Caliphate of Islam, falls to the eldest Prince of the House of Osman, according to the rule established ab antiquo. On his accession the Sultan shall swear before Parliament, or, if Parliament is not sitting, at its first meeting, to respect the provisions of the Sheri (the canon law) and the Constitution, and to be loyal to the country and the nation. 4. As Caliph, His Imperial Majesty the Sultan is the Protector of the Mussulman faith; and he is the Ruler and Padishah of all Ottoman subjects. 5. The person of His Imperial Majesty the Sultan is sacred and irresponsible. 6. Liberty of the members of the dynasty of Osman, their property, both real and personal, and the Civil List granted them for life by the law ad hoc, are under the guarantee of all. 7. Among the sacred prerogatives of the Sultan are the following: The mention of his name in prayers; the minting of money; the granting of high public offices and titles, according to the law ad hoc; the conferring of orders; the selection and appointment * Vol. XCIX, page 321. Vol. LXVII, Articles were The above is Ratification deposited June 29, 1909 ["Treaty Series No. 6 (1910)”]. The Constitution was originally granted December 1876. page 683. It was restored in July 1908, and many of its modified by the Chamber of Deputies in the following year. a translation of the Constitution as it stood on the 1st May, 1912, according to the "Official Almanac" ("Sal Namé") and the Official Gazette ("Takvim-i-Vekai"). 66 of the Grand Vizier and the Sheikh-ul-Islam; the confirmation in their offices of the members of the Cabinet formed and proposed by the Grand Vizier, and, if need arise, the dismissal and replacement of Ministers according to established practice; the approval and putting into force of general laws; the drawing up of regulations concerning the working of Government departments and the method of administering the laws; the initiative in all kinds of legislation; the maintenance and execution of the canon and civil laws; the appointment of persons to the privileged provinces according to the terms of their privileges; the command of the military and naval forces; the declaration of war and the making of peace; the reduction and remission of sentences passed by penal Courts; the granting of a general amnesty with the approval of Parliament; the opening and closing of the parliamentary sessions; the summoning of Parliament before its time in extraordinary circumstances; the dissolution of the Chamber of Deputies if necessary, with the consent of the Senate, on condition that the elections take place and the Chamber assembles within three months; and the conclusion of Treaties in general. Only, the consent of Parliament is required for the conclusion of Treaties which concern peace, commerce, the abandonment or annexation of territory, or the fundamental or personal rights of Ottoman subjects, or which involve expenditure on the part of the State. In case of a change of Cabinet while Parliament is not sitting, the responsibility arising out of the change rests upon the new Cabinet. Public Rights of the Subjects of the Ottoman Empire. 8. All subjects of the Ottoman Empire, without exception, are styled Ottoman, whatever may be their faith or creed. The character of Ottoman subject can be obtained or lost in the cases specified by law. 9. All Ottomans enjoy personal liberty, and they are bound not to interfere with the liberty of others. 10. Personal liberty shall be absolutely inviolable. Except for the reasons and in the manner prescribed by the canon and the civil law, no one shall be arrested or punished on any pretext whatsoever. 11. The religion of the Ottoman State shall be the Mussulman religion; but, while maintaining this principle, the State shall protect the free exercise of all the religions recognized in the Ottoman dominions, and shall maintain as hitherto the religious privileges granted to the various communities, provided that they do not disturb public order and are not harmful to public morals. 12. The press shall be free within the limits prescribed by law. It cannot be subjected to inspection or examination of any kind before printing. 13. Ottoman subjects shall be at liberty to form companies of all kinds for commerce, industry, or agriculture, within the limits prescribed by the laws and regulations. 14. One or more persons of Ottoman nationality shall have the right to present petitions to the proper authority with regard to breaches of the laws and regulations, whether their personal interests, or those of the public, be prejudiced; they shall also have the right to present signed petitions to Parliament complaining of the conduct of State officials. 15. There shall be freedom of education. Every Ottoman shall be at liberty to attend any course of instruction, whether public or private, so long as he conforms to the law. 16. All schools shall be under the supervision of the State. The necessary steps shall be taken, whereby the education of Ottoman subjects may be unified and organized; but there shall be no interference with the religious education of the various communities. 17. All Ottomans shall be equal before the law, and shall have equal rights in, and equal duties towards, their country, without prejudice to their religious affairs. 18. A knowledge of Turkish, which is the official language of the State, is essential to the employment of an Ottoman subject in the service of the State. 19. The Government service shall be open to all Ottoman subjects, according to their capacity and ability. 20. Taxes which it has been decided to levy shall be distributed among all Ottoman subjects in accordance with the regulations ad hoc and in proportion to the taxable capacity of each person. 21. To everyone shall be assured the ownership of the real and personal property to which he has a regular title. The real property possessed by any person cannot be taken unless the expropriation is proved to be necessary in the public interest and the value of the property is paid in advance according to the law. 22. The dwelling-place and residence of every person in the Ottoman Dominions shall be inviolable. The Government may not make a forcible entry into any one's dwelling-place or residence for any reason whatsoever, except in the cases laid down by law. 23. No one shall be bound to appear before a Court not being the competent Court under the Law on Judicial Procedure which is to be drawn up. 24. The confiscation of property, forced labour, and exactions of money are forbidden; but there are exceptions in the case of taxes regularly levied and measures regularly adopted in time of war. 25. Except in virtue of a law, no sum of money shall be levied as tax, or impost, or under any other name. 26. Torture of every kind whatsoever is categorically and absolutely forbidden. The Cabinet. 27. Just as His Imperial Majesty the Sultan entrusts the posts of Grand Vizier and Sheikh-ul-Islam to men in whom he has confidence, so the other Ministers, who are approved and proposed by the Grand Vizier entrusted with the formation of the Cabinet, are confirmed in their offices by Imperial Iradé. 28. The Council of Ministers shall meet under the presidency of the Grand Vizier. It shall deal with affairs of importance, both home and foreign. Such of its decisions as need the Imperial assent shall be put into force by Imperial Iradé. 29. Each Minister shall deal, according to practice and within the limits of his powers, with affairs concerning his department, and those matters with which he is not competent to deal he shall refer to the Grand Vizier. In the case of matters which need the Imperial sanction, those which do not need discussion shall be submitted directly to the Sultan by the Grand Vizier; those which need discussion shall be submitted when they have been discussed in the Cabinet. The Grand Vizier shall also communicate the decision of the Council of Ministers in cases where the Imperial sanction is not necessary. The various classes and categories of business shall be determined by a special law. The Sheikh-ul-Islam shall communicate directly to the Sultan those matters which do not need discussion. 30. Ministers shall be responsible to the Chamber of Deputies collectively for the general policy of the Government. and personally for the affairs of their respective departments. Decisions which need the Imperial sanction shall only become valid if signed by the Grand Vizier and the Minister concerned, who thus accept the responsibility, and countersigned by the Sultan. Decisions arrived at by the Council of Ministers shall bear the signatures of all the Ministers, and, in cases where the Imperial assent is necessary, these signatures shall be headed by that of His Imperial Majesty the Sultan. 31. If one or more members of the Chamber of Deputies wish to bring a complaint against a Minister with regard to a matter affecting his responsibility and coming within the powers of the Chamber, a note containing the complaint shall be handed to the President of the Chamber of Deputies to be examined by the committee appointed, according to the rules of the Chamber, to decide whether such matters shall be referred to the Chamber or not. This note shall be sent to the committee by the President within three days, and the committee shall make the necessary investigations and obtain sufficient explanations from the person against whom the complaint is made. If the committee decides by a majority that the complaint is a matter for discussion, its decision to this effect shall be read in the Chamber of Deputies. If necessary, the person complained of shall be summoned to appear, and his explanations, given either by himself or by his deputy, shall be heard. If the decision is adopted by an absolute |