No. 438.
Mr. Heap
to Mr. Frelinghuysen.
[Extract.]
Legation of
the United States,
Constantinople, June 4, 1884.
(Received June 23.)
No. 396.]
Sir: * * * A note was sent to me on the 2d instant
by the minister for foreign affairs, reminding me that the treaty of
commerce would cease to exist on the 5th of June, I enclose a copy of this
communication as well as of my reply to it dated to day, informing his
excellency that in the view of the Government of the United States the
treaty of 1882 is not duly ended, but if the Imperial
Government maintains its intention of denouncing that treaty, I am
instructed to declare to his excellency that the United States Government
falls back on the treaty concluded in 1830, which remains in full force and
effect in all its parts after the expiration of the treaty of 1862. * *
*
I am, &c.,
[Inclosure 1 in No.
396.—Translation.]
Assim Pasha to Mr.
Heap.
Ministry of Foreign Affairs,
Sublime Porte, June 2,
1884.
Mr. Chargé d’Affaires: In sequel to the
communications from my Department relative to the renewal of the
existing treaty of commerce between Turkey and the United States of
America, I have to remind you that this treaty was denounced by the
Sublime Parte at the proper time.
Subsequently, the conclusion of a provisional convention for the
prolongation of this act was proposed to the legation of the United
States, but as no agreement on this subject has been come to up to this
time, the treaty will have ceased to exist from the 5th of June,
1884.
As the application of the new custom-house system is near at hand, I have
considered it my duty to remind you of the fact.
Accept, &c.,
[Inclosnre 2 in No. 396.]
Mr. Heap to
Assim Pasha.
Legation of the United States,
Constantinople, June 4,
1884.
Excellency: I have the honor to acknowledge the
receipt of your excellency’s communication of the 2d instant, Nos.
74806, 23, relative to the treaty of commerce between the United States
of America and Turkey, which your excellency reminds me, has been
denounced by the Sublime Porte.
Your excellency is pleased also to observe that subsequently a
provisional convention was proposed to the legation of the United States
for the prolongation of this instrument, but, as no agreement was come
to on the subject, the treaty will cease to exist from the 5th June,
1884.
Your excellency is good enough to remark in conclusion that it is your
duty to inform me of this fact, as the inauguration of a new system of
customs dues is near at hand.
Your excellency is aware that a protocol was proposed to his excellency
Tevfik Pasha, the Ottoman minister at Washington, by the Department of
State, on the 21st of March last, in view of the intention of the
Imperial Ottoman Government to denounce the treaty of the 25th of
February, 1862. This protocol was rejected.
[Page 567]
The object of the protocol was to place the two Governments on a footing
of equality with regard to other Governments, and its principal
stipulation is to the effect that they shall reciprocally enjoy the
rights granted to other most favored nations. These provisions being
eminently just and equitable it was reasonable to entertain the
expectation that they would be found acceptable by the Imperial
Government, particularly as they were intended to bridge over the
inconvenience of a period of transition between the denunciation of the
existing treaty of commerce and the negotiation of a new one.
However, in the view of the Government of the United States the treaty of
1882 is not duly ended, but if the Imperial
Government maintains its intention of denouncing that treaty, I am
instructed to declare to your excellency that the United States
Government falls back on the treaty concluded between our two respective
Governments in 1830, which remains in full force and effect in all its
parts after the expiration of the treaty of 1862.
I beg, &c.,
