No. 323.
Mr. Maynard to Mr. Evarts.

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.,

HORACE MAYNARD.
[Inclosure 1 in No. 148.]
[Cipher telegram from Mr. Maynard to the Secretary of State.]

Evarts, Washington:

Russian vice-consul at Mytilene asks American protection for Russian subjects. No German agent there.

MAYNARD.
[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.

NELIDOW.

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.

SMITHERS.
[Inclosure 4 with No. 148.]

Mr. Fottion to Mr. Maynard.

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.

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.]
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.

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.