No. 414.
Mr. Wallace to Mr. Frelinghuysen.
Legation of
the United States,
Constantinople, January 24, 1884.
(Received February 20.)
No. 315.]
Sir: I have the honor to report a correspondence
with his highness, the minister of foreign affairs, relative to certain
persons claiming
[Page 536]
American
citizenship by naturalization, but at present domiciled in Palestine, and to
transmit for your consideration the notes upon the subject interchanged up
to the present: a copy of the minister’s communication, a translation of
that, and my reply thereto.
I have reason to believe that the movement on the part of the Sublime Porte
has application to the little colony of naturalized American Jews, which,
when visiting Jerusalem, I found resident there, in number thirty-five or
forty. They are mostly old men, and quite poor, who have betaken themselves
to Palestine as the most sacred of places, thinking that if they behaved
themselves and lived orderly lives they might be permitted to die and be
quietly buried there. It is, in my opinion, more than probable that some of
them were originally Russian subjects.
Permit me to hope that my reply will meet your approval.
Very respectfully, &c.,
[Inclosure 1 in No.
315.—Translation.]
Aarifi Pasha to Mr.
Wallace.
Ministry of Foreign Affairs,
Sublime Porte, January 22,
1884.
note verbale.
According to reports received from the authorities of Jerusalem, a
certain number of Russian subjects, who left their country about five
years ago to live in Palestine, have been declared by the Russian
consular authorities to have forfeited their nationality and have
succeeded at a subsequent date to have themselves admitted as American
citizens.
A naturalization obtained in such conditions could evidently not be
recognized by the Imperial Government as legitimate and valid. The
ordinary principles of right oppose themselves to its admission in
European countries, and also, a fortiori, in the
Ottoman Empire, where the capitulations assure to foreigners exceptional
immunities, and where, consequently, the control to be exercised by the
authorities on a change of nationality presents an indisputable question
of order.
In principle and in strict right, any foreigner established in the Empire
who should lose his rights to his original nationality must be
considered as an Ottoman subject, and if he desires to embrace this or
that other citizenship he is bound to go to the country whose
naturalization he desires to acquire to live there the number of years
fixed by the local laws and conform in all points required to obtain a
change of nationality.
In calling the attention of the United States legation to the preceding
considerations, the Sublime Porte likes to hope it will be good enough
to acknowledge the justness, and transmit conformable instructions to
its consul at Jerusalem.
[Inclosure 2 in No. 315.]
Mr. Wallace to
Aarifi Pasha.
Legation of the United States,
Constantinople, January 24,
1884.
Highness: I have the honor to acknowledge
receipt of your note verbale, No. 73375, 1, dated
January 22, 1884, relative to certain persons in Palestine who were
originally Russian subjects but have succeeded in having themselves
admitted as American citizens.
It is greatly to be regretted that the communication is not as particular
in its terms as the importance of the principles involved would seem to
justify. There are three classes of persons, however, to which the
application may be meant: First, a class
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claiming American citizenship who have not even
taken out the first paper required of them by the law; second, a class
asserting the claim who have gone so far as to take out the first paper,
renouncing their original allegiance, but there stopped; and third, a
class who have in every point perfected their naturalization as citizens
of the United States.
The instructions given to the American consul at Jerusalem for his
government in the matter may be substantially stated for the
satisfaction of your highness.
A copy of the note with which your highness has honored me has been
transmitted to that official for his information; his attention is then
particularly called to the description of the persons referred to
therein, and he is directed to make diligent inquiry to ascertain if
there are such persons in his consular jurisdiction. If he finds there
are any fairly within the first of the classes above given, he is simply
to inform them that they have no right to his protection; if he finds
any who are properly of the second class he is to examine their papers,
take copies of them, and report upon their authenticity; of this second
class he is also to inquire when they left America, how long they have
been aboard, how long in Palestine, why they came abroad, why they took
up residence in Palestine, what business they are there engaged in, if
any, whether they intended returning to America when they left its
shores, and keep a record of their answers, together with all the
evidence for and against such intention which he can procure, including
why they have not returned, and when they now purpose doing so. When
these inquiries are concluded, he is directed to transmit a full report
of everything pertinent to the subject to this legation through the
consulate-general in Constantinople, the object being to refer each of
such cases to Washington for consideration there. I shall be happy to
apprise your highness of the decisions arrived at, and the instructions
I may receive concerning them, but until then I cannot admit the
principles and rules stated in your note as applicable to persons of
this second class.
As to persons whom he may find of the third class, he is told that if
they are orderly and going about their lawful business, whatever it may
be, and mindful of the laws of the Empire, they have a right to live
there unmolested; that this right is derived from the ancient
capitulations, of late days reaffirmed by the treaties existing between
the two Governments; that for conveniency, rather than a yielding up of
principle, the United States have, in instances, temporarily submitted
to claims insisted upon by friendly Governments against naturalized
citizens of the United States formerly subjects of those friendly
Governments, but who voluntarily returned and placed themselves under
their jurisdiction; that as yet all such cases have been settled by
amicable diplomatic arrangement; that the United States have never
admitted the right of a foreign government to decide upon and nullify in
any manner the franchises conferred under its naturalization laws, much
less have they sanctioned the extraordinary principle which appears for
the first time enunciated in your highness’ note, that if a person
naturalized in the United States, but resident in Turkey, has lost his
original nationality, he becomes an Ottoman
subject, regardless of his American naturalization; that whatever ground
in right this principle may have with respect to naturalized American
citizens formerly Turkish subjects, it cannot be permitted application
to a naturalized American citizen originally the subject of a power not
Turkish. In accordance with these views the consul is instructed that if
he finds in his jurisdiction many or few naturalized Americans of the
third class they have a right to call upon him for protection, and it is
his duty to protect them; and to that end he must exhaust the means
usually of resort on such occasions; failing in them, he must close his
consulate and come away, if possible bringing the threatened people with
him; and that I have no doubt the Government of the United States will
have a vessel ready to receive him and them. These are, in substance,
the instructions given, and I leave them to derive additional force and
meaning from your highness’ great intelligence and long experience in
international affairs.
I avail, &c.,
