Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 4, 1883
No. 554.
Mr. Wallace to Mr. Frelinghuysen.
Constantinople, June 19, 1883. (Received July 9.)
Sir: I have the honor to forward inclosures which will fully inform the Department of a case of recent occurrence, involving Dr. Maurice Pflaum, an American citizen practicing medicine in Axar, a town of Syria.
* * * * * * *
To satisfy myself on certain points, I referred the business back through the consulate-general to Consul Stevens, of Smyrna. Inclosure No. 3 is his reply to my points of inquiry. The effect was to convince me that Dr. Pflaum is an American citizen, a respectable though somewhat eccentric gentleman, and the victim of a most wanton and unjustifiable outrage. In inclosure No. 5 you will accordingly find a copy of the note which I addressed to the minister of foreign affairs, with demands for satisfaction and indemnity.
This case, as you will no doubt quickly discern, involves the disputed Article IY of the treaty of 1830, with a peculiar advantage on our side. The governor of Axar did not confine himself to arresting Dr. Pflaum, [Page 854] and trying and sentencing him; he went the full figure and punished him also. So that there is very little ground to stand upon for defense of the governor, and if the disputed interpretation of Article IV is interposed, it will be the worse for him.
In placing the demand for indemnity at £2,000, I was governed not a little by what a jury in our own country might give a plaintiff as damages in such a case.
Permit me the hope that my action in the premises will meet approval, and that the Government will support the demands made to the extreme. So only, in my opinion, can the rights of our citizens in Syria receive due respect; and if now we fail to maintain our interpretation of the treaty, the condition of Americans in the interior of Turkey will become painfully uncertain.
I have, &c.,
Mr. Stevens to Mr. Heap.
Smyrna, May 11, 1883.
Sir: I have the honor to inclose herewith copies of correspondence and other papers which have passed between this consulate and his excellency Ali Pasha, governor-general of this vilayet, relative to the arrest and imprisonment by the local authorities of Axar of Dr. Maurice Pflaum, a resident physician of that place and a naturalized American citizen, and to ask instructions touching further action in the case.
The facts as I have gathered them from various sources are these:
- 1.
- On Saturday noon, 28th April, Dr. Pflaum, while at his pharmacy, was arrested by three zaptiehs and taken before the kaimakam, on a charge of having insulted Tahir Effendi, ashar maimour of Axar, with whom he had previously bandied epithets over a bill for medical attendance, which Tahir refused to pay. The kaimakam, after hearing the doctor’s statement, told him he was free to return to his practice. He started to do so, but, on reaching the foot of the stairway, was intercepted by three zaptiehs, who, upon an attempt at resistance on his part, beat him unmercifully and then dragged him to prison, confining him in a room 14 by 16, along with 13 Turkish prisoners. Two hours later he was taken before the local tribunal, and after a long interrogation, sent back to prison with an assurance that he would be released as soon as the necessary papers could be made out. He was kept in prison until the next afternoon, when becoming seriously ill from the effects of the confinement and the beating, he was transferred to the hospital, where he now lies in a very critical condition.
- 2.
- Late Saturday night, April 28, I received a telegram from the doctor, in Turkish, informing me of his imprisonment. On the following Monday, April 3, I sent my dragoman with the telegrams I had received to his excellency the governor-general, with a verbal request that he would order the release of Dr. Pflaum and institute an investigation of the case. To this his excellency returned answer that he would make the necessary inquiry, and if there was no criminal charge against the doctor would order his release. Whereupon I sent to him (the doctor) a reply to his several telegrams. May 3 I received the letter from Dr. Pflaum marked No. 4, to which 1 replied as per No. 8. Messengers also arrived from Axar confirming the doctor’s statements, and saying that if the authorities there were permitted to act as they had done, without protest, no foreigner would hereafter be safe in either person or property.
- 3.
- Meanwhile, having learned that the governor-general had taken no steps in the matter, I addressed to him the letter marked No. 10 in the inclosures. Two days later a reply was received, together with a copy of a telegram to his excellency from the president of the Axar tribunal, copies of which are inclosed, marked No. 11. A copy of my response to this will be found inclosed, marked No. 12.
I am, &c.,
United States Consul.
Dr. Pflaum to Mr. Stevens.
Mr. Consul: Having visited a Turk I asked to be paid, but as he refused to comply there was a disagreement between us. The kaimakam, without fulfilling the necessary formalities according to the treaties and the laws of the country, ordered my imprisonment. Please defend me.
Dr. Pflaum to Mr. Stevens.
Mr. Consul: Having attended on the ashar maimour during his illness I claimed my pay; he not only refused to pay me, but sent me away, insulting me in the mean time, consequently I did so towards him. The kaimakam, desirous to please the ashar maimour, ordered that I should be thrashed by the zaptiehs and forcibly imprisoned. I am very sick and have seven patients whose lives are in danger. I beg vou, therefore, to take my case into consideration.
The Hellenic consular agent to Mr. Stevens.
Mr. Consul: The American Dr. Maurice is in prison, very sick. We tried to obtain deliverance, but could not do anything. Please send your dragoman.
Hellenic Consular Agent, Axar.
Dr. Pflaum to Mr. Stevens.
Sir: To-day, Saturday, at noon, by order of the authorities of this place, I was put in prison without having been notified. The zaptiehs dragged and struck me with their fists and with my cane, which by force they had taken from me. At the door of the prison they examined the pockets of my pantaloons, took from me a porte-monnaie, which contained no money, a dirty pocket-handkerchief and my keys. The keys they kept; the porte-monnaie and handkerchief they returned to me after an hour in the prison. This in a room 14 by 16, without a floor, the bare ground covered by some dirty mats, which contained besides me thirteen dirty Turkish prisoners. In one corner of the prison every one has to urinate, as no one is allowed to go out except half an hour in the morning and half an hour in the afternoon.
The reason why I was put in prison is the following: Tahir Effendi, ashar maimour of Axar, refused to pay me for medical service rendered. This morning I went to see him; he told me to clear out; he would not pay me one para. On that account we came to words. One insult followed the other naturally. Afterwards I went to see some of the patients I had not seen before. About noon, when I was sitting at the door of the pharmacy, two zaptiehs with their chief asked me to go with them to the kaimakam. So I did, as I saw that resistance was of no use. The kaimakam asked me why I had had words with Tahir Effendi. I told him why. Then he asked me why I had come to Turkey. My answer was that his Government had brought me from Vienna, where I resided at the time, through the interference of. Edhim Pasha, the ambassador at Vienna. After some other words of no importance, he told me that I could go. So I went down stairs. But hardly had I descended the stairs, than the zaptiehs forbade me to go on my way. As the kaimakam had told me to go, I did not listen to them, and getting excited, struck one of the fellows with my cane, [Page 856] which they took from me by force and struck me with their fists and the cane, and dragged me on the ground as far as the prison.
About two hours afterwards I was led before the tribunal, which consists of a young man from Constantinople, Osman Effendi, and an elderly Turk, whose name I don’t know. The kaimakam was there. He offered me very politely his tabatière and got his servant to serve Turkish coffee. He said that in the absence of a representant of the American Government he was my counsel; on that account he was present. After a very tedious interrogatory, they asked me very politely to return to the place where I had come from; that did not say prison. They said there was no reason for my being confined in prison. They told me to have half an hour’s patience, they would make out the papers that I could go free. So I returned to prison in the hope that I should soon be free to see my patients. Evening came, and I was still in prison. At noon, when I was put in prison, I had sent you a telegram, so I sent you another in the evening, but until to-day, April 29, there is no response. At night I was sitting on a chair which they had brought me from outdoors near the open window, as I could not endure the foul air and stench of the room. At last Sunday morning arrived, when the prison door was opened, and I could go out to the yard for half an hour to take fresh air. Half an hour afterwards the prison door was shut again, and I again in prison.
Towards morning some of the prisoners commenced to throw some of their lousy and dirty rags on me, which I mostly caught up with my chair in my hand; some fell on me. At last one of the fellows struck me from behind on one of the fellows, a Persian, who was sleeping. As I had the chair in my hand in falling down, and the room was dark, I did not know where the fellow was hurt or not. He cried out that his eye was gone. In the morning I found that his nose only was slightly abrased. Now they want to make out here that I struck the fellow willingly.
About an hour after the prison door was shut again I was allowed to go to the café of the prison.
There about noon befell me a severe nervous attack on account of sleeplessness, nervous excitement, &c. Then friends came and, after much pourparler, succeeded in taking me away. I was then so weak and suffering that I could not walk except assisted by two of my friends. I thought that I could go to the house where I reside, which is near by. But no; they insisted on my going to a house at the farther end of the town. After I had made a few steps I could not go any farther. They brought me a chair, where I drank some lemonade and some water. Hardly had I been resting five minutes when two zaptiehs by force dragged me again to the prison, when the kaimakam told them to let me go; that my friends could take me to the house consigned to me. So, with great pains and trouble, I arrived at last at this house, where by the means I had employed I fell soon in a quiet sleep. This morning I am better and am able to write. I only suffer yet from a slight headache and from the consequence of the beating they gave me on Saturday when they dragged me to prison. I am yet so feeble that I cannot walk without assistance. I am watched by two zaptiehs.
Dr. Pflaum to Mr. Stevens.
Mr. Consul: To my telegram for an answer, for which I paid, there is no reply from you. I am still in prison and under the surveillance of two zaptiehs. My sickness is serious; please save me by preserving my person from danger. I am waiting for your telegram. Have compassion on me.
Mr. Stevens to Dr. Pflaum.
The governor-general has given the necessary orders. I will do all in my power to see that justice is done.
Mr. Daniel to Mr. Stevens.
Mr. Consul: Though your telegram arrived, there is not yet any result. The sickness of the doctor is grave; for the recovery of his health there is no hope. He is-always under the surveillance of two zaptiehs, as if he were an assassin. He implores, your interference and efficacious protection.
Mr. Stevens to Dr. Pflaum.
Smyrna, May 2, 1883.
Sir: Your letter under date of April 29, hut evidently written the day following, reached me by messenger late last evening. I had previously received three telegrams from you, the first one, announcing your arrest and imprisonment, reaching me at about 8 o’clock Saturday evening, too late to be acted upon before the following Monday, the conak being closed on Sunday. On Monday, after communicating with his excellency Ali Pasha, I sent you a telegram stating the result and assuring you of my purpose to do all in my power to maintain your rights, if they had been violated.
After carefully reading your letter I am forced to the conclusion that for your imprisonment and the abuse which accompanied it you have yourself to blame in a large measure. You ought not to have bandied words with Tahir Effendi, ashar maimour, still less to have assaulted the zaptieh after your release by the kaimakam. To these unjustifiable acts you doubtless owe your imprisonment and subsequent misfortunes I am inclined to think, from your own statements, that the tribunal acted with moderation. Still, your letter is incoherent, and does not perhaps represent the facts in your favor. In order that I may be put in possession of all the facts I would suggest that you come here without delay. If you have been unjustly treated, if any of your rights as an American citizen have been violated, I shall take measures to obtain reparation to the fullest extent.
I am, &c.,
Consul.
Dr. Pflaum to Mr. Stevens.
Mr. Consul: I received your letter. I am still sick in prison; very sick. No order yet arrived from the governor-general. Without sending quickly as possible an order to the kaimakam he will not allow me to go out of the prison.
Mr. Stevens to Ali Pasha.
Smyrna, May 5, 1883.
Excellency: Permit me to call your attention to a flagrant violation of the laws which protect American citizens residing in the Ottoman Empire, perpetrated by the local authorities of Axar, who, without apparent cause, arrested, maltreated, and imprisoned on Saturday last, one Dr. Maurice Pflaum, a naturalized American citizen, residing in Axar, and practicing his profession as a physician.
The facts as I have learned them are, in brief, these:
Doctor Pflaum, while attending to his duties, was arrested on Saturday last, 28th April, by two zaptiehs and taken before the kaimakam on a charge of having insulted [Page 858] Tahir Effendi, ashar maimour of Axar, who was indebted to him for services rendered, but refused to pay. After a first interrogation the kaimakam informed him that he was free to depart; but upon reaching the street he was arrested by the zaptiehs, who, upon showing a purpose to resist, knocked him down, beat him with a stick, and dragged him to prison. Two hours later on he was taken before the tribunal and subjected to a long interrogation, during which the kaimakam, under the pretext that there was no American representative in that locality, appeared in that role. The tribunal finally informed the doctor that, having committed no offense deserving imprisonment, he would be liberated as soon as the files could be completed. Notwithstanding this promise he was kept in prison during the night and subjected to insults and abuse from other prisoners. As a result of this bad treatment he became seriously ill, and, upon the intervention of certain foreign residents, he was taken from the prison and transferred to another locality, where he is now, struggling with disease, closely watched and practically a prisoner. I need hardly remark to your excellency that this action of the authorities and tribunal of Axar constitute an infraction and manifest violation of the rights, privileges, and immunities granted to American citizens by treaties in force between our respective Governments. Except for certain specified crimes, for none of which Dr. Pflaum stands accused, American-citizens residing in Turkey cannot be arrested or imprisoned but upon the orders of & consular tribunal of their own nation; furthermore, in no case can local tribunals proceed with the interrogation of an American citizen except in the presence of the American consul or his delegate. These two important privileges were violated by the authorities of Axar in the case of Dr. Pflaum.
For these reasons I ask that it may please your excellency to give orders for the immediate release of Dr. Pflaum, and to take severe steps with regard to the inefficiency and exaggerated zeal of the authorities at Axar, in order that other functionaries may be deterred from perpetrating similar offenses.
Persuaded that your excellency can but approve my views upon the questions of law and fact involved, and all hasten to give a satisfactory solution thereof,
I have, &c.,
Consul.
Ali Pasha to Mr. Stevens.
Mr. Consul: In compliance with your dispatch of May 5, 1883, in which you complain of the illegal imprisonment of Maurice Pflaum, on American citizen and physician, resident at Axar, I asked information to the president of the tribunal of that locality, through the inspector of the tribunals of this vilayet. You will find herewith inclosed a copy of the telegram of this office in reply to the aforementioned inquiry.
It would appear by this telegram that said physician insulted the zaptieh on duty and wounded Sergeant Halil; he afterwards acknowledged to have done so, and was therefore put under arrest. Having fallen sick he was afterwards transported to the hospital.
You are begged, therefore, Mr. Consul, to have the kindness to send a dragoman to Axar to be present at the trial that will take place in this case.
Accept, &c.,
President of the Axar tribunal to Ali Pasha.
The American physician insulted the director of tithes (ashar maimour) and in tarmed hand, the zaptieh on duty in the authorities’ mansion and the Sergeant Halii, while in the discharge of their duties. He wounded the Sergeant Halil. Having confessed this offense during the examination, he was imprisoned on that account, according to the report of the judge of instruction. Having become sick in prison, he was taken to the hospital upon a report to that effect.
Mr. Stevens to Ali Pasha.
Smyrna, May 9, 1883.
Excellency: I have the honor to acknowledge the receipt of your letter dated the 7th instant, in reply to mine dated the 5th, relative to the case of Dr. Maurice Pflaum, an American citizen, illegally imprisoned at Axar.
The statement made to your excellency in the telegram of the president of the tribunal of that locality, and of which you forwarded a copy to me, differs, in some important particulars, with the information that has reached me. Even if admitted to be correct, the facts in question afford no justification for the violation of the rights, privileges, and immunities granted to American citizens involved in, and resulting from, first, the illegal arrest of Dr. Pflaum and his release; second, his rearrest, interrogation by the tribunal, and imprisonment; and, third, the bad treatment to which he was subjected, and which has occasioned his serious illness.
These proceedings of the authorities of Axar having taken place without previous notice to this consulate constitute a contravention to express treaty stipulations. But to my demand for the immediate release of Dr. Pflaum, your excellency replied by requesting me to send a dragoman to Axar “to be present at the trial.” Such an action on my part would be equivalent to an approval of the proceedings of the authorities of Axar. I have no alternative, therefore, but to abstain from taking any further steps before submitting the case to my superiors at Constantinople and receiving their instructions thereon. Meantime, I renew my protest against the illegal imprisonment of Dr. Pflaum, to the detriment of his health and to the grave prejudice of his professional duties, reserving all rights to reparation deemed proper.
Accept, &c.,
Consul.
Dr. Pflaum to Mr. Wallace.
Your Honor: On Saturday, April 28, at noon, I, the undersigned, by order of the authorities of the place, was put in prison without having been informed of it before. The zaptiehs dragged and struck me with their fists and my cane as far as the prison door like a criminal.
The prison, a room 14 by 16 without a floor, the bare ground covered by some dirty mats, contained that day besides me thirteen Turkish prisoners, all poor, who on account of slight offenses, some married, some unmarried, are imprisoned no one knows for how long. No one is permitted to leave this room except half an hour in the morning and half an hour in the evening.
The reason I was put in prison is the following, viz: Tahir Effendi, ashar maimour of this place, refused to pay me for my medical service rendered. On Saturday morning I went, to see him. He told me to clear out; he would not pay me one para; on that account we had some words, when I left to see some of my patients. About noon two zaptiehs with the chief of the police informed me that the kaimakam wanted to speak to me. I went there. He asked me why I had had words with Tahir Effendi. I told him on account of money due to me. Then he asked me why I had come to Turkey. I replied to him, that his Government, by contract made in Vienna, 1876, with the Turkish ambassador, Edhim Pasha, had asked me to come to Turkey. After some other words he told me I could go; I left the kaimakam. But midway between the door of the conak the zaptiehs stopped me, and by force and beating dragged me to the prison. After having been there for about two hours, I was taken before the tribunal, where I had to stand a tedious trial, when I was told to return to prison and have patience for half an hour. My patience was of no use. I was kept in prison, where I sat on a chair all through the night. There was even no place to lie down with the rest, and there was such a stench that I had to keep my head at the open window so as not to inhale the infected air. Until the morning I was not allowed to go to the water-closet, which is outside of the prison. On Sunday morning they took me to the cafe of the conak, which resembles much the prison; there is no floor but the bare ground. There were three Turkish prisoners there that day. About noon I had a very severe nervous attack on account of sleeplessness, exhaustion and excitement. Then friends came to see me, and at last succeeded in getting [Page 860] me out of the hole of the Turkish prison. A few steps away from the conak I had no strength to walk any further. I had to sit down on a chair. After five minutes-two ruffianly zaptiehs dragged me again to the conak, when the kaimakam scolded them. Then, in company with some of my friends and a zaptieh, I had, exhausted as I was, to walk to the far end of the town to a house called the hospital, but which is nothing like it. By the means employed I got a good deal better during the night, but not able to walk without assistance. I stopped at this house until I was able to walk again.
Tuesday, May 7, when I was again made prisoner at the conak. At the so-called hospital two zaptiehs watched me day and night. At the conak they gave me a small, dark room next to the office of the kaimakam. Every day they tell me to-morrow I shall be free. On Wednesday evening I asked the kadi how my affair was getting on, when I was again confined in prison with the rest in the foul air room described above. The kaimakam let me out again after two hours. On Thursday they let me have a mock trial, when they wanted to make out I was mad. On Friday noon I asked the kaimakam why I was kept prisoner yet, and Tahir Effendi, against whom I had an arsevhal, as the tribunal had told me to do, was free. He replied to me that I was kept prisoner on account of the bad words I had made use of against Tahir Effendi, and that he would not pay, whereupon I was again confined in the prison with the rest in the foul air room. They kept me there until Saturday noon. In consequence of this I fell sick again and kept prisoner in the small room next to the office of the kaimakam.
On Saturday, April 28, the same day I had been made prisoner, I sent two dispatches to Mr. W. E. Stevens, United States consul at Smyrna; on Monday morning, the 30th ultimo, another. I received on Monday, about midnight, a telegram from him, which I inclose herewith. On Tuesday, May 1, one of my friends went to Smyrna with a letter stating the facts up to Monday, April 30. The answer I received Friday, May 4, which I also inclose herewith. On Thursday, May 11—but up to to-day I have no reply.
In consequence of my imprisonment three of my patients are dead this last fortnight, and I myself am pining away every day more and more.
Copy of my reply to the inclosed letter of the United States consul, Mr. W. E. Stevens, at Smyrna.
Axar, May 5, 1883.
Mr. W. E.
Stevens,
United States Consul,
Smyrna:
Sir: Your favor in reply to my letter of 30th ultimo came duly to hand yesterday, but being too ill to reply I do so to-day. I feel fully the weight of your kindness in acting so quickly on my behalf by sending me your message, which was deposited in my hands on Monday at midnight, when I was roused from my unquiet sleep by the porter, who asked me to sign the receipt of the dispatch in Turkish language and handwriting, unintelligible to me. Anyhow I signed the receipt for it. On Tuesday morning one of my friends, who knows Turkish, having come, I asked him to have the kindness to translate its contents, which were very reassuring, but of no good so far to me.
When I wrote that letter to you, sir, I was hardly able to sit up to write it—it was with great effort that I succeeded in writing that letter. I wrote it early on Monday morning so as to have it ready in time. In regard to the date I was too much in a hurry, when writing, to notice the date exactly.
You tell me I have myself to blame in a large measure for my imprisonment and the accompanying abuse. Who bandied words with Tahir Effendi? He refused to pay me in bad terms after he had over and over promised to pay. Certainly Host my patience, and gave him a piece of my mind. I am not an oppressed rajah, but, thanks to the Almighty, a free citizen of the United States.
After my release by the kaimakam, I do not understand the meaning of this. The kaimakam asked me to call on him. I went to see him, and what occurred there I think I gave you fully notice of. He did not tell me one word of prison or anything like it, so I don’t know of what release you speak.
Who commenced assaulting first, the zaptiehs or I? This was not the first time I had a conversation with the kaimakam, and we always, wherever we met, had friendly intercourse. So when I left the kaimakam, as he had told me I could go, certainly I was right in going where I wanted to, as I had no notification of prison and bad treatment. Accordingly, when the zaptiehs forbade me to go on, my temper was roused; I told them to let me go my way, but they fell over me. I tried to defend myself and struck one of the fellows, but without any serious consequence, as he had only a slight abrasion on his cheek. The manner they treated me, as far as the prison door and afterwards, you know from my letter.
I do not know under what bias you have written your letter that makes you say that you are inclined to think that the tribunal acted with moderation by treating [Page 861] me like a criminal of the worst kind. Had the tribunal the authority to imprison me here? Is this not an infraction against the capitulations with the powers? To my knowledge any foreigner in Turkey has to be taken before his tribunal and judged by the same. They ought to have sent me to my consulate, if I had committed any wrong. But, no, sir; they know well that I am not guilty of anything; therefore they practiced this act of tyranny and unreason, it being well known all over this town that I had been indisposed since April 25.
Then, sir, you say that my letter is incoherent, and does not, perhaps, represent the facts in my favor. I wrote the truth and nothing else, and, I think, in plain English.
At the last, sir, you suggest that I should come to Smyrna without delay, but you forget to suggest how. You write to a prisoner, “Come without delay.” I am still kept prisoner at the house, situated at the border of the city.
I would suggest to you, sir, to send your dragoman with two tshaoush to deliver me out of this state. I am still ill myself. Every day this week, no matter how indisposed I was, have there come patients to the house where I am left prisoner. My patients at Smyrna are expecting me to-day; amongst others, Mr. Antonio Pasquali.
Yours, &c.,
MAURICE PFLAUM, M. D.
You can imagine, sir, in what excited state of mind I am. I pray you, sir, to act immediately, and not let me suffer any longer.
To-day, one hour after noon, I was called to the tribunal, where I was told that for the crime I had committed, my penalty was fifteen days in prison. But to-day it is seventeen days that they imprisoned me, and left for Smyrna. Your honor I hope will do the necessary, so that I have satisfaction for the injustice done to me.
Yours, &c.,
Mr. Stevens to Mr. Heap.
Smyrna, June 11, 1883.
Sir: I have the honor to acknowledge the receipt of your dispatches numbered 28 and 29, both dated June 1, together with a list (inclosed in No. 29) of associates for this consular court, approved by the minister under date of June 2, 1883.
Relative to your inquiries concerning the antecedents and present professional standing of Dr. Pflaum, I have to report:
- I.
- That he was born in the province of Posen, Prussia, in 1845, and emigrated to the United States at the age of 15.
- II.
- That “his character and his standing as a physician” may be estimated from these facts in his personal history: He graduated from the Berkshire, Mass., Medical College in 1866, and holds a diploma to that effect. In 1874 he returned to Germany, and soon after became connected professionally with hospitals in Vienna. In proof of this he has shown me a certificate signed by Dr. Frederick Fieber, physician in the common hospital, and docent at the University of Vienna, and one signed by Dr. Leopold Oser, physician in chief of the Rothschild hospital, and docent at the University of Vienna, both bearing date October 14, 1875. He was house surgeon in the English hospital at Constantinople from January to September, 1877, and refers to Dr. Patterson of that institution. He appears to have made friends at Axar, among the Christian population, as I have seen letters praising his professional skill written by missionaries, school-teachers, &c. I am also informed that the British consular agent at Axar has written a report of the outrage upon the doctor perpetrated by the officials of that place, in which he speaks in warm terms of his professional services. I may add that the doctor is now practicing in Smyrna, and that the manager of the “London Pharmacy” reports his practice as rapidly increasing.
- III.
- He was naturalized and cast his first vote in Pittsfield, Mass., in 1866, having resided six years in the United States. Eight years after taking out his papers he returned to Europe in the capacity of surgeon on board an ocean steamer.
- IV.
- That I have no definite knowledge as to whether his conduct in Turkey has been “peaceable or otherwise.” He does not, however, appear to be a quarrelsome man.
- V.
- * * * He denies that he is intemperate or that he uses intoxicating liquors as a beverage, but attributes his misfortunes to fondness for gay society. He says he earns money, but cannot keep it, being prodigal in his charities, &c.* * * Nevertheless, there can be no question but that he was treated in an outrageous manner by the authorities of Axar, who, to punish his temerity in asserting his rights, grossly violated treaty stipulations.
Under all the circumstances, therefore, of the case, permit me to express the hope that the legation will not only insist upon the payment of an indemnity to Dr. Pflaum, hut also demand the dismissal from office of the man who perpetrated the outrage.* * *
Herewith I send the original of an affidavit, sworn before me by Dr. Pflaum, for the information of the legation.
I am, &c.,
Consul.
affidavit.
In re Maurice Pflaum, an American citizen and a M. D., complainant, versus Tahir Effendi, an Ottoman subject holding the office of ashar maimour at Axar, and against the representative of the Turkish Government at Axar, viz, the kaimakam, jointly defendants.
I, the aforesaid complainant, Dr. Maurice Pflaum, make oath and say: That I am an American citizen by naturalization and having my political domicile in Pittsburgh, Pa.; that I arrived at Axar about the middle of February this year; that I am thirty-eight years old; that I have been graduated at the Berkshire Medical College, Pittsfield, Mass., in October, 1866; that about noon of Saturday, the twenty-eighth day of April, while sitting at the door of the pharmacy of Anastase Domitroglou, two zaptiehs (policemen) and Suleiman Effendi, chief of the Axar’s police, requested me to go with them to the kaimakam (governor). I went with them, as I saw resistance was of no use. The latter asked me what has happened between me and Tahir Effendi in the morning. I told him that I had gone to see him at his place of business on account of money due to me for medical service rendered that he refused to pay me, though he had frequently promised to pay, in bad terms; that on account of that we had words with each other; that I would be satisfied if he paid me and begged my pardon. Whereupon the kaimakam said in Turkey there was no pardon; that in the absence of a representative of the United States Government he filled that place. Then he asked me why I had come to Turkey. I replied that his Government, by contract made in Vienna, 1876, with Edhim Pasha, then Turkish ambassador there, had asked me to come to Turkey. After some more words he told me that I could go. So I left him. When near “the door of the conak the zaptiehs prevented me to go on my way, and dragged me to the prison, beating me with their fists and my cane, which they had by force taken from me. About two hours afterwards I was taken before the tribunal, where I underwent a tedious trial. I was asked what had happened between me and Tahir Effendi. I told them. Then they told me to go back to the place I had come from (they avoided to use the term prison); to have patience for half an hour; they would release me, so that I could go and see my patients. I returned to the prison, when they sent me, about one hour afterwards, two papers; one they told me was for me, and on the back of the other I had to sign that I had received a paper like this. The paper I sent in a letter written afterwards to Mr. W. E. Stevens, United States consul at Smyrna.
So I remained in the prison, which is a room 14 by 16, the bare ground covered with dirty mats. One corner of the room is designed for urinal, as the prisoners are only half an hour in the morning and half an hour in the evening allowed to go out. The air is very foul. Twelve prisoners were that night, besides me, in that small room, all Ottoman subjects, except one Persian, who was in prison for horse-thieving, the others for slight offenses, drunkenness, &c. I sat the whole night from Saturday to Sunday on a chair, my head at the open window, to avoid inhaling the infected air. A little after midnight some of the other prisoners (they were all in a very dirty state, covered with vermin) commenced to throw their dirty rags on me. I lifted the chair on high, so as to catch them on the chair. I told them repeatedly to keep quiet, or I would not be responsible for the consequences. But they continued to attack me. At last one of the fellows came behind me; when I had the chair uplifted he pushed me from behind, so that I fell, with the chair in my hands, on the Persian, who was asleep at the time. In consequence of this fall on him the fellow had an abrasion of the skin of his nose, which healed in a few days. On Sunday morning they took me to the café of the conak, which resembles very much the prison, without a floor—bare ground covered with dirty mats. There were three prisoners there, Ottoman subjects. About noon, overwhelmed by excitement and exhaustion (I had been indisposed since Wednesday, April 25; Thursday and Friday night, the 26th and 27th April, I had been at the bedside of a patient who was sick with typhoid pneumonia, and had not eaten anything on Thursday nor on [Page 863] Saturday, the day I was put in prison), I became seriously ill. By interference of friends, who had come to see me, I was at last taken away from the prison in company with the Suleiman Effendi, the chief of police, and zaptieh. As I was very weak, I was hardly able to walk. After having walked a short distance I could not go any further. The friends who were with me brought me a chair, and I rested a little while. After five minutes, when I wanted to go on to the place where it was their intention to take me, two ruffianly zaptiehs seized hold of me and dragged me back again to the conak, when the kaimakam scolded them. Then I was forced, in the debilitated state I was in, to walk to a house, to the far end of the city, called the hospital, but which is nothing like it. There I was watched day and night by two zaptiehs.
Until Sunday, May 6, I was too sick and too weak to walk. On Sunday noon, feeling myself somewhat better but still very weak, I went, in company of one of the zaptiehs, to see the tribunal. The different members spoke very friendly to me; said they were sorry that I had fallen sick; told me to have patience for a few days and to return to the hospital. So I did. On Monday noon I was sent for by the tribunal. I went there in company with a zaptieh, when they examined me again about the affair with the zaptiehs the day of my imprisonment, Saturday, April 28. I made the same deposition as before. Then they asked me about the affair stated above, the wounding of the Persian prisoner on Saturday night. I made my deposition accordingly to what I have written above. Then they told me that they would make out the papers necessary, so that I could be free, and to return again to the hospital. So I did.
On Tuesday noon I went again, in company with a zaptieh, to see the tribunal. I told them that I was better, and saw no need of staying in the hospital any longer; that they should either let me go or put me again in prison, when they told me to wait; that the kadi and the kaimakam had gone to a village in the morning, and that they were expecting them. They could not do anything in their absence. So I waited until evening. Then, as neither the kaimakam nor the kadi had come, they took me to the conak, where they gave me a small dark room next to the office of the kaimakam; asked me to have patience until morning, when the kadi would take up my case the first. So I passed that night there. The whole day of Wednesday passed without anything being done for me. In the evening the kadi, in company of the kaimakam, came to the conak, when I asked the former about my case. He did not know what to say, but ordered me into the prison described above. About two hours afterwards the kaimakam let me out again. On Thursday afternoon I was again taken before the tribunal, when I had what seems to me a mock trial, at the eve of which they told me they wanted a report about the state of my mind, whether I was mad or not. Then, in company with the kaimakam, I went back to the conak. On Friday afternoon I wanted to know what their intention was, so I told the kaimakam, who was in company of the kadi, either to let me free, or, if not, to tell me what they wanted to do with me.
He told me that I was kept prisoner on account of bad language used against the ashar maimour, and ordered me again into the prison described above. There I passed until Saturday afternoon, when they took me out again on account of the bad state of my health; told me to go again to the room next to the kiamakam, where I was kept until Monday afternoon, the seventeenth day of my imprisonment, when I was again taken before the kadi. He opened a book, out of which he read that my punishment was fifteen days’ imprisonment and a fine of seven and a half medjidies; that I was free on payment of this sum. So I paid; the receipt of which I sent with a report of what had happened to me, I have sent to the embassy at Constantinople.
Consul.
Mr. Wallace to Aarifi Pasha.
Constantinople, May 26, 1883.
Highness: I beg to bring the following circumstances and demands to your attention:
Mr. Maurice Pflaum is an American citizen, and a physician resident in Axar. On the 28th April last, by order of the governor of the city, he was seized by the police, beaten and dragged to prison, a place of extreme foulness, unfit for beasts. The beating and exposure made him sick, insomuch that, to save his life, it was necessary to carry him to a hospital, where, nevertheless, he was under guard, as much a prisoner [Page 864] as when in jail. For many days, in much misery, he was taken from prison to hospital and hack again, and in that time twice subjected to trial before a provincia court. Notice of his arrest was not given, nor was there a dragoman present at either of the so-called trials. In mockery of the treaty regulations the governor told him he would be his dragoman and defend him, and under that pretense he actually attended the hearing. Notice of the affair being at length brought to the knowledge of the American consul at Smyrna, that official addressed a note to the governor-general of the vilayet of Aïdin, setting forth the facts, calling attention to the violations of the treaty between the two Governments, and demanding release of the prisoner, but without avail; whereupon the consul protested and reserved all rights to reparation.
After this general statement, I would be very remiss in duty to your highness not to refer to the offense of which advantage was taken by the governor to subject Dr. Pflaum to the barbarities he underwent. The doctor had rendered medical services to a collector of taxes, and asked him for payment. The collector insulted him, and he replied in like terms, and persisted in his demand. The collector represented to the governor of the town that he had been insulted. The governor dispatched a police officer and three zaptiehs to bring the doctor to him. After listening to an explanation, the high functionary pretended to discharge him. At the door of the house, as the doctor was departing, the police officer rearrested him; but, supposing himself to have been discharged by order of the governor, he resisted, and out of the resistance a criminal offense was manufactured. In the prison he was thrown down, and fell upon another prisoner, and out of that circumstance yet another criminal offense was fabricated, followed, like the first one, by arrest, trial, conviction, and punishment. Relying upon your highness’ admitted discernment in questions involving legal principles, I venture to remark that the wrongs here disclosed were not merely personal to Dr. Pflaum; in my judgment, they were, on the part of the governor of the town, by whom they were instigated and helped forward, direct and willful violations of rights long exercised, of vital importance to foreigners resident in the Empire, and founded in both the ancient capitulations and the treaty between Turkey and the United States of America of 1830. In that faith, and greatly and sincerely regretting the necessities which compel the resort, I have the honor to demand in satisfaction (1) the dismissal from office of the governor of Axar, and (2) the payment by the imperial Government to this legation for the use of Dr. Pflaum, and as indemnity for his injuries, the sum of two thousand pounds, Turkish money.
I avail, &c.,