Mr. Morris to Mr. Seward

No. 36.]

Sir: I have the honor to enclose two communications from the Porte. That relative to the establishment of a censorship on books, pamphlets, &c., has been dictated by the active politico-religious propaganda which has recently been introduced into the empire under foreign auspices, having for its object the over throw of both the national religion and the government.

In the month of April last the ambassadors of France and Russia addressed a note to the Porte, asking for the fulfilment of that clause of the Hatti Hurnayoum of 1856 which promised the concession of the right of holding real estate to foreigners. Under the present system no foreigner can hold such property in his own name, and is obliged to procure an Ottoman subject to act in his behalf. The title deeds are drawn up exclusively in the name of the Turkish subject, and the foreigner’s name does not appear at all. He must defend his rights through the name of the nominal proprietor, the Porte and its tribunals invariably refusing to recognize a foreigner in any question concerning the proprietorship of landed property. The instances are not rare in which the nominal owner has assumed to be the real owner, and much vexatious litigation has been the consequence.

The interference of this and other legations in behalf of the interests of their respective clients covered by this nominal ownership, is always done in an unofficial manner, any official claim of interference being uniformly resisted, as impugning the prerogatives of the Porte. Property held by such an uncertain tenure cannot be regarded as very secure. Efforts have consequently been made at various periods to procure for foreigners the absolute right of property, but [Page 1176] thus far without success. Should it ever be granted, it will induce a great emigration into the empire; but it will result disastrously to the Ottoman ascendancy, as the Christians would not only soon outnumber the Mussulman population, but would gather into their hands the larger part of the rich agricultural districts.

The Porte has recently replied to the note of the ambassadors on this subject, announcing its willingness to grant this right of property on condition of the surrender of all the privileges accorded to foreign residents by the capitulations, and of their being placed on exactly the same footing as Ottoman subjects as property holders. Unless this discussion shall result in some compromise, of which there is no immediate prospect, this most desirable concession is not likely soon to be made. I have not felt myself at liberty to take any other action on this question, as it is one which can only be really determined between the Porte and the five Great Powers, except that of at various times verbally expressing to the Grand Vizier and Ali Pacha the gratification which such a concession would give to my own government, showing at the same time what immense benefits we have derived from the encouragement of emigration, stimulated by the easy acquisition of property in the United States.

In conformity with the provisions of the new treaties of commerce between Turkey and the United States and other powers, the ancient duty of derbent, or tax on all goods passing through certain mountain defiles of the empire, has been abolished, both on those imported and those destined for exportation. This tax increased the price of certain articles of commerce to an injurious degree.

Prince Nicholas of Montenegro having protested against the erection of block-houses on the military road being opened through that country by the Porte and threatening armed resistance if persisted in, the Porte has refused to listen to his protest, and announces its determination to suppress any such resistance with the utmost rigor.

The sentence of the court at Adrianople condemning to death the three assassins of Rev. Mr. Merriam not having been acted on as promptly as I thought it ought to have been, I addressed a note to Ali Pacha on the subject, and followed it up with a personal interview. The result has been that the sentence was last week confirmed by the supreme council, and is now submitted to the Sultan for his sanction. His Majesty will undoubtedly approve it. Such has been the wholesome terror inspired by the recent execution at Adana, that when a party of travellers was since attacked by brigands in that vicinity, on learning there were Franks in the party, the robbers immediately desisted from their intended acts of violence. The rapidity and certainty of the administration of justice in these cases has given rise to the remark that American life in this empire is defended with more vigor than usually characterizes the action of foreign representatives in such cases. The respect entertained for the government of the United States, and its present liberal and energetic administration by the Porte, leads it to do for us what it would but indifferently perform for others. Notwithstanding our domestic troubles, it is pleasing to see this respect and good will not only unabated, but rather increased.

I have the honor to be, your obedient servant,

E. JOY MORRIS.

Hon. William H. Seward, Secretary of State, Washington.

[Translation.]

Sir: By its note of the 8th Chaban 1275, the Sublime Porte established the formalities which the imperial marine and the land authorities would fulfil on the occasion of the anniversary of friendly and allied sovereigns. Certain points [Page 1177] of their formalities being in contradiction with the maritime regulations of the empire, I now beg leave to notify them, so as to avoid any misunderstanding or contravention in regard to them hereafter.

Armed vessels carrying less than ten guns are dispensed from firing salutes the day of the fete of a foreign sovereign, and are not bound to be decked with flags, except in the case where a vessel-of-war of this sovereign is in the same port.

Having brought this notification to the knowledge of the authorities of the Sublime Porte in the maritime provinces of the empire, I beg you, sir, to be so good as to communicate the same to the consulates of your government, whom it may interest.

Accept, sir, I beg you also, assurances of my proper consideration.

ALI.

Mr. Morris, Minister Resident of the United States of America.

[Translation.]

Sir: The introduction into Turkey of books, pamphlets, and periodical or quotidian publications, having acquired a very important increase, it was natural that the imperial government should adopt the means of subjecting it to a system of examination, for the purpose of arresting the distribution of subversive writings. Consequently, orders have been given to all the authorities of the cities on the seaboard, and the frontiers of the empire, to institute an examination, by special agents, of all the books and other publications of a periodical or quotidian character, which shall have been deposited on their entrance to the custom-house bureau. After this examination they will allow the writings to circulate which do not appear injurious to public order, whilst those which are deemed of a nature to falsify opinion, and sow seeds of discord, will be retained.

I consider it useless, sir, to enter into particularities for the purpose of showing what is legitimate and urgent in this measure, the greater number of other states having considered it necessary to practice it in their territory. I must therefore limit myself to the request that you be so good as to give instructions on the subject to the consulates under your authority in the ports and frontier towns of the empire, so that they may, in turn, make it known to their citizens.

Accept, sir, the assurance of my perfect consideration.

ALI.

Mr. Morris, Minister Resident of the United States of America.