No. 762.
Mr. BoJcer to Mr. Fish.
Legation of the United States,
Constantinople, August 13, 1873. (Received September
4.)
No. 133.]
Sir: I have the honor herewith to inclose a
second circular-letter from the Sublime Porte, together with a
translation of the same, on the question of the tolls charged by the
Suez Canal Company. This letter, like the first, is regarded by a
“majority of the foreign representatives as another effort on the
part of the Sublime Porte to avoid all responsibility, either toward
the powers or the Suez Canal Company. The character of the letter is
advisory and not mandatory, and a foil settlement of the question is
still referred to the proposed international commission.
This commission will assemble at Constantinople on the 15th day of
September next; and, in consequence of the nearness of that date, I
am greatly embarrassed about the appointment of delegates on our
part. In my opinion, we should be represented in the commission;
and, if the Department agree in that opinion, I beg that
instructions upon the subject may be sent to me by telegraph.
I have, &c,
[Inclosure in No.
133.—Translation.]
Circular-letter-of the Sublime
Porte.
Sublime Porte, Department of Foreign
Affairs
August 6,
1873.
Sir: By its circular-note dated July
16, and sub-No. 3540, 29, the imperial department of foreign
affairs communicated to the legation of the United States of
America the Vizierial letter directed to His Highness the
Khedive, relative to the dues of the Suez Canal. If reference
were to be made to the terms of the beforementioned letter, one
would be easily convinced that the import of the clauses of the
concession act, as well as the manner according to which they
might receive their practical application, by adopting the net
tonnage of the Moorsom system are indicated as clearly as could
be permitted by the state of the question.
The interpretation asked of the government, which is the author
of the concession, was intended to obviate the uncertainty to
which the text of article 17 had given rise. That object is now
attained. The Vizierial letter will clear up in the future the
obscurity or the silence of the original text of the concession;
audit is evident that the party who will not act conformably can
but assume entirely the responsibility of acts executed towards
third persons.
It is right to add that the Sublime Porte is ignorant at this
present moment of the course which the company will adopt, and,
until contrary evidence on its part, one should suppose that it
will not deviate from what legality dictates. Consequently
nothing authorizes a discussion of the possible consequences of
suppositions which hardly involve a character of existing and
actual interest. It is moreover established that the final
[Page 1126]
settlement of the
debated question is subordinate to the decision of the
international commission which is to convene very shortly.
Therefore, under these present circumstances, and in order to
avoid every misunderstanding, the Sublime Porte deemed it
expedient to address to His Highness the Khedive a new letter in
the sense of the beforementioned considerations; and the
imperial department makes haste to inform the legation of the
United States that the letter has already been handed to His
Highness.
Accept, &c,
