[Inclosure 1 in No. 327.]
[Extract.]
Mr. Wallace to Mr.
Heap.
Legation of the United States,
Constantinople, January 4,
1884.
Sir: Your attention is respectfully called to
the accompanying note verbale from the Sublime
Porte, and you are requested to be so good as to send a copy of it to
Mr. Merrill, the United States consul at Jerusalem, for his information.
Touching the subject of the said note, you are also requested to
instruct Mr. Merrill as follows:
There are three classes of persons to whom the note of the Sublime Porte
may have application: First, a class claiming American citizenship who
have not even taken out the first papers 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 a third class who have in every point perfected their naturalization
as citizens of the United States.
If Consul Merrill finds within his jurisdiction persons claiming his
protection who are fairly within the first of the classes given, he will
inform them they have no claim upon him; if he finds any who are
properly of the second class, he will examine their papers, take copies
of them, and report upon their authenticity. Of this second class he
will also inqnire when they left the United States, how long they have
been in Palestine, what business they are there engaged in, if any, why
they came abroad, why they took up residence in Palestine, whether they
intended to return to America when they left its shores, why they have
not returned, and if they intend to return. He will keep record of their
answers, together with all evidence of whatever kind he can procure for
or against such intention. When his inquiries are concluded he will
transmit a full report of everything pertinent to the subject to this
legation through your consulate, the object being to refer each of such
cases to Washington for consideration there. As to persons whom he may
find of the third class, if they are orderly and going about their
lawful business, whatever it be, they have a right to live there
unmolested. This right is derived from the ancient capitulations, of
late days reaffirmed by 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
arrangements; that the United States have never admitted the right of a
foreign Government to decide upon or 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 by the Sublime Porte—that if a person naturalized in the
United States, but resident in Turkey, has lost his original
nationality, it having been other than Turkish, he becomes an Ottoman
subject regardless of his American naturalization; that whatever ground
in right this principle may have as respects 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, Consul Merrill will be informed
that all naturalized citizens of the
[Page 544]
United States within his jurisdiction have a right
to call upon him for protection, and that it is his duty to protect
them. To that end he must, if necessary, exhaust the means usually of
resort on such occasions.
* * * * * * *
Very respectfully, &c.,
