No. 323.
Mr. Maynard to Mr. Evarts.
Legation of the United States,
Constantinople, April 28, 1877.
(Received June 14.)
No. 148.]
Sir: I have the honor to send you to-day a
telegram, of which a copy is inclosed, relative to American protection
to Russian subjects; a question of sufficient importance for
instructions.
When war was declared by Russia, her diplomatic and consular officers
withdrew, intrusting to the German embassy the protection of Russian
interests in Turkey, as will appear by the inclosed note from Mr.
Nelidow, chargé d’affaires, at the moment of his departure.
The occasion of my request for instructions from the Department of State
is explained in a telegram from the United States consul at Smyrna, and
a dispatch from the United States consular agent at Mytilene.
To understand the need of protection in this instance, it is proper to
bear in mind that the unprotected foreigner in Turkey, whether in peace
[Page 578]
or war, is practically an
outlaw; that is, he has no one to whom he can appeal, either to assert
his rights, or for defense, when assailed. The Mussulman resorts, of
course, to the Ottoman authorities; the Rayah, or non-Mussulman subject,
takes refuge under the head of his ecclesiastical community, or
nationality, as it is called; if an Armenian, to the Armenian
patriarchate; if Greek, to the Greek, &c. The only resource to the
foreigner is a foreign mission or consulate, either of his own
government or of some other. Hence, it is not unusual for the diplomatic
and consular agents of the various powers near the Sublime Porte to
apply to each other for protection of their respective national
interests in localities where their government happens to be
unrepresented. I myself have had occasion to invoke protection for
American citizens from my British, French, Austro-Hungarian, Russian,
and Greek colleagues, and it has always been promptly and cheerfully
accorded and recognized by the Sublime Porte.
In the island of Mytilene it seems there is no German consular Officer,
and the Russian vice-consul makes application to the United States
consulate. What shall be the response?
At the time of the Cretan insurrection, in 1868, when diplomatic
relations between Turkey and Greece were ruptured, the Greek minister,
before leaving Constantinople, applied to my predecessor, Mr. Morris, to
give protection to the Greek subjects domiciled in Turkey. This Mr.
Morris consented to do, subject to the approval of his own government,
which was not given. The correspondence is contained in Mr. Morris’s
dispatches, No. 282, dated December 23, 1868; No. 286, dated January 3,
1869; No. 288, dated January 6, 1869; No. 295, dated January 31, 1869,
and No. 296, dated February 7, 1869; and Mr. Seward’s instructions, No.
202, dated December 31, 1868; No. 203, dated January 1, 1869; No. 205,
dated January 18, 1869, and No. 207, dated January 29, 1869.
For the present I shall observe the tenor and spirit of Mr. Seward’s
instructions Nos. 202 and 203, and until the Department of State
otherwise instructs, should a different determination at any time upon
further consideration be reached.
I am, &c.,
[Inclosure 1 in No.
148.]
[Cipher telegram from Mr. Maynard to
the Secretary of State.]
Constantinople, April 28, 1877.
Evarts, Washington:
Russian vice-consul at Mytilene asks American protection for Russian
subjects. No German agent there.
[Inclosure 2 in No.
148.—Translation.]
Mr. Nelidow to
Mr. Maynard.
Sir: The imperial government having decided
to break diplomatic relations with the Sublime Porte, I have
received instructions to leave Constantinople with the personnel of the embassy, and to withdraw all
our consular agents residing in Turkey.
In bringing the foregoing to your excellency’s knowledge, I should
add that the embassy of His Majesty the Emperor of Germany is
charged with the protection of Russian interests in Turkey.
At the moment of embarking for Odessa, I make it my duty to
reiterate, sir, the assurance of my high consideration.
His Excellency Mr. Maynard.
[Page 579]
[Inclosure 3 in No.
148.]
Mr. Smithers to
Mr. Maynard.
[Telegram.]
Mr. Maynard,
American Minister, Constantinople:
Russian vice consul at Mytilene asks protection of United States for
Russian subjects. No German agent there.
[Inclosure 4 with No.
148.]
Mr. Fottion to
Mr. Maynard.
United States Consular Agency,
Mytilene, 15 (27) April, 1877.
No. 13.]
Sir: I have the honor to transmit, inclosed
herewith, three copies, numbered respectively 20, 16, and 17. The
first is a letter from the Russian vice-consul in this city, Mr.
Amira, asking American protection for Russian subjects, as there is
no German consul here. The second is my reply to the same, in which
I say that my duty does not permit me to accept it without the
permission of my superiors. The third is my dispatch to Mr. Smithers
asking his instructions. The Russian vice-consul has begged me
earnestly to send also to you, honorable sir, the same copies as to
Mr. Smithers, with request for an early reply, for he does not know
what to do in this difficult position.
I am, &c.,
M. M. FOTTION,
United States
Consular Agent.
[Inclosure 1 in Mr. Fottion’s No.
13.—Translation.]
Russian Vice-Consul at
Mytilene to Mr. Fottion.
Russian Vice-Consulate,
Mytilene, 15 (27) April,
1877.
No. 20.]
Sir and Dear Colleague: My superiors,
thinking that there exists here a German consulate, have given me
instructions to place the Russian subjects residing within the
bounds of my jurisdiction under the protection of that empire. There
being no such consulate, and thinking you more fit than any other
person to fill this delicate mission, I have seen fit to request, by
telegraph, my superiors to authorize me to betake myself of your
kind offices. Unhappily, these gentlemen, having had to leave Turkey
hurriedly, have not had sufficient time to make arrangements with
your chiefs. In consequence, I beg you, sir, to consider the
difficulty of my position, and I do not doubt that you will not
refuse me your consent.
Accept, sir and dear colleague, &c.,
- The vice-consul of Russia,
G. AMIRA.
- Mr. M. M. Fottion,
Vice-Consul of the United States,
Mytilene.
[Inclosure 2 in Mr. Fottion’s No.
13.—Translation.]
United States Consular Agency,
Mytilene, 15 (27) April, 1877.
No. 16.]
Sir and Dear Colleague: I have the honor to
reply to your dispatch No. 20, and to thank you infinitely for the
honor you have done me, viz: that, in the absence of a German
vice-consulate in this city, you place the Russian subjects resident
in the hounds of your jurisdiction under American protection. But,
since this difficult question
[Page 580]
does not rest with me, I shall have to ask for
instructions from my superiors, to whom I this day transmit your
request, and I wait for their instructions at the earliest possible
moment.
Please accept, sir and dear colleague, the assurance of my perfect
consideration.
- M. M. FOTTION,
United States
Consular Agent
- Mr. G. Amira,
Vice-Consul of Russia at
Mytilene.
[Inclosure 3 with Mr. Fottion’s No.
13.]
Mr. Fottion to
Mr. Smithers.
United States Consular Agency,
Mytilene, 15 (27) April, 1877.
No. 17.]
Sir: I have the honor to call your
attention to the two copies inclosed. The one, No. 20, is a letter
from my colleague, vice-consul of Russia in this city, who asks
American protection for Russian subjects. The No. 16 is my reply to
the Russian vice-consul, in which I say that my duty does not permit
me to accept it without the permission and instruction of my
superior, to whom I submit the present dispatch with the prayer for
an immediate answer, because the Russian vice-consul is placed in a
difficult position after the suspension of diplomatic relations, for
there is here no German vice-consul.
I am, your obedient servant,
- M. M. FOTTION,
Agent.
- E. J. Smithers,
Esq.,
United States Consul,
Smyrna.
