No. 627.
Mr. Heap to Mr.
Frelinghuysen
.
Legation of
the United States,
Constantinople
,
November 21, 1884.
(Received Dec. 10.)
No. 451.]
Sir: I respectfully submit for your information
copies, with translations, of three notes from this legation to the minister
of foreign affairs relative to the claim of an Ottoman subject, Serkis
Kurkdjian, against the Rev. George C. Knapp, an American citizen.
The case briefly stated is as follows:
Mr. Knapp purchased in 1859 a dwelling-house in Bitlis, Armenia, belonging to
an insolvent debtor of the Ottoman Government, and which [Page 816] was offered for sale by the Imperial
authorities of that place. Mr. Knapp having complied with all the
requirements of the law, obtained a full and complete title to the property
in the name of an Ottoman subject, as foreigners were not at that time
allowed to hold real estate in Turkey. Subsequently, in 1877, when the law
was enacted enabling foreigners to own real property the title deeds were
made out in his name and delivered to him.
In 1866, however, Serkis Kurkdjian, the son of the former owner of the
property, commenced proceedings to recover possession, and the case was
called up successively before three different courts, the last one being the
cheri-ecclesiastical court—the highest tribunal in matters of real estate,
whose decisions are without appeal and their findings were in each case
adverse to Kurkdjian and confirmed Mr. Knapp’s title. Kurkdjian persevered,
however, and two years ago obtained from the president of the court of first
instance at Bitlis a decision declaring the sale illegal and sentencing Mr.
Knapp to restore the property and pay to Kurkdjian a considerable sum for
rent, damages, and interest.
I endeavored, as the inclosed correspondence will show, when I was in charge
of the legation, to obtain an order from the Porte to stop these
proceedings, but my remonstrances were of no avail, and I received on the
18th instant a note from the ministry of foreign affairs requesting me to
order Mr. Knapp to restore the property in question to Kurkdjian. I inclose
copies of this note and my answer, with translation.
Mr. Knapp was with Mr. Reynolds in their unfortunate encounter with Moussa
Bey, and has left for the United States. I have advised him to call at the
Department to give such further explanations as might be required both in
regard to the Moussa Bey affair and this attempt at spoliation.
It seems evident that if the Government was at fault in selling the property
at Bitlis, it is not Mr. Knapp who should be made to suffer for the error,
and if he should eventually be compelled to surrender the property it should
not be done until the amount paid for it, the sums expended for repairs and
improvements, and the interest of the money has been refunded.
I am, &c.,
G. H. HEAP,
Chargé d’Affaires ad
interim.
[Inclosure 1 in No.
451.—Translation.]
Mr. Heap to
Sawas Pasha.
Legation of the United States,
Constantinople
,
March 23,
1880.
In answer to the note addressed to this legation by the Imperial ministry
of foreign affairs, relative to the property belonging to Mr. Knapp, a
citizen of the United States of America residing in Bitlis, and claimed
by a certain Serkis, an Ottoman subject, I have the honor to submit to
your excellency that about twenty-four years ago an Armenian died who
was declared an insolvent debtor of the Ottoman Government. In August,
1859, his house was put up at public auction by a Government official,
and Mr. Knapp, having made the highest bid, a mazbata, signed by the
aforementioned official, as well as by all the members of the medjlis of
Bitlis, was given to him on the 25th of August 1859, to assure him the
possession of the hadjet.
[Page 817]
The following day, August 26, 1859, at the mekhémé of Bitlis, the Cadi
Abdul Aziz Effendi gave Mr. Knapp the hadjet of the property in the name
of Bedras, son of Kirkas, as at that time American citizens had not yet
obtained the right to possess real property in Turkey. This hadjet
contains all the particulars relative to the manner of and the motives
which induced the Ottoman Government to make this sale.
In 1875, by a document given to Mr. Knapp, the council of Bitlis
recognized him as absolute proprietor of the said house; Bedras, in this
instance, simply lending his name.
Serkis, son of the former proprietor of the said house, brought in 1866
an action against Mr. Knapp, the consequence of which was that his
demand was rejected and Mr. Knapp received an ilam by which he was
declared unquestionably proprietor of the house in question.
Later, another attempt was made by the same Serkis, and the governor of
Erzeroum after examining the said papers, namely, the mazbata, the
hadjet, and the ilam, gave a decision against Serkis.
In presence of what has been said, and of the documents mentioned above
of which copies certainly exist in the archives of Bitlis, as well as
the special circumstance, which is, that Mr. Knapp did not buy the
property in question from a private person but from the government
itself, it is with regret that I see myself under the necessity of
informing you, excellency, that the legation of the United States of
America finds it impossible to comply with the wish expressed by the
Sublime Porte in the above-mentioned note, which requests Mr. Knapp to
be required to appear again before the tribunal for this affair, the
more so as Mr. Knapp has nothing in common with the said Serkis.
This legation has no doubt that the Imperial ministry of foreign affairs
will appreciate the justice of this, and will also acknowledge that if
Serkis had the right to bring an action against any one it could
certainly not be against Mr. Knapp, who bought the property claimed from
the Government, and the purchase of which by Mr. Knapp was confirmed
three times.
Accept, &c.,
[Inclosure 2 in No. 451.]
Mr. Heap to the
ministry of foreign
affairs
.
Legation of the United States,
Constantinople
,
October 29,
1880.
In answer to the note verbale of the Imperial
ministry of foreign affairs, numbered 59,177: 12, the American legation
hastens to inform that ministry that if it did not feel called upon to
request Mr. Knapp to appear before the competent tribunal of Bitlis in
order to answer to pretended difference with the Ottoman subject Serkis,
it was because it considered all legal measures in this matter to have
been fulfilled, as it stated in the note of this legation No. 6, dated
the 23d of last month, addressed to the Imperial ministry of foreign
affairs, copy of which is herewith inclosed, which gives a
circumstantial detail of the purchase by Mr. Knapp of the property which
is the subject of complaint of the Ottoman subject Serkis.
In case the Imperial Government should not feel satisfied with the
explanations contained in the said note, it has every means in its power
of obtaining information from the authorities indicated.
This legation hopes that the Imperial ministry of foreign affairs will
recognize the eminent injustice of obliging Mr. Knapp, for having in
good faith bought a property sold to him by the Imperial Government
itself, to appear again before the tribunals to answer the vexatious
charges of an individual he does not even know, and with whom he has
nothing in common.
If the Ottoman subject Serkis wishes to bring an action for the recovery
of the property he should bring it against the Imperial Government who
sold it, and not against Mr. Knapp who bought it from the Government in
good faith, after fulfilling all the conditions required of him, and
paying the entire sum into the hands of the competent authority.
Accept, &c.,
[Page 818]
[Inclosure in 3 in No. 451.]
Mr. Heap to
Assim Pasha
.
Legation of the United States,
Constantinople
,
July 11,
1881.
Mr. Minister: I received a letter from the Rev.
Mr. Knapp, an American citizen residing at Bitlis, who complains again
of the annoyances caused him by a recent decision of the court of that
city.
To make your excellency acquainted with Mr. Knapp’s complaint, it will be
necessary for me to review what I have already had the honor to transmit
to your excellency.
About twenty-four years ago Mr. Knapp leased a house in Bitlis belonging
to an Armenian, this Armenian died before the expiration of the lease,
and was declared an insolvent debtor by the Ottoman Government, and in
August, 1859, his house was put up at public auction by an authorized
official of the Government. Mr. Knapp being the highest bidder, a
mazbata, signed by the said official, as well as by all the members of
the medjlis of Bitlis, was delivered to him on the 25th of August, 1859,
to assure him the possession of the hadjet.
The following day, August 26, 1859, at the mekhémé of Bitlis, the Cadi
Abdul Aziz Effendi gave Mr. Knapp the hadjet of the property in the name
of Bedras, son of Kirkas, as at that time American citizens had not yet
obtained the right to possess real property in Turkey. This hadjet
contains all the particulars relative to the manner and to the motives
which induced the Government to make the sale.
In 1875 by a document given to Mr. Knapp, the council of Bitlis recognize
him as absolute proprietor of the said house, Bedras, in this affair,
simply lending his name.
Serkis, son of the first proprietor of the said house, brought in 1866 an
action against Mr. Knapp, the consequence of which was that his demand
was rejected, and Mr. Knapp received an ilam by which he was declared
unquestionably proprietor of the house in question. Later, another
attempt was made by the same Serkis, and the governor of Erzeroum, who,
after examining the papers above mentioned, that is to say, the mazbata,
the hadjet, and the ilam, gave a decree against Serkis.
Now, a judge recently appointed at Bitlis opens the question again, and
declares the property to have been illegally
sold, and that Mr. Knapp muse give it up to the claimant, and,
further, pay him 200 livres damages.
It is with regret that I feel myself again under the necessity of asking
for the intervention of the Imperial Government to put an end to these
vexations and this persecution, as one can give no other name to this
Serkis’s maneuvers.
It is clear that if, as was decided by the judge of Bitlis, the Ottoman
Government sold this property illegally, the Government should suffer
the consequences and not Mr. Knapp, who bought it in good faith and who
has been in possession for 22 years with his title deeds legalized and
confirmed by all the formalities required by the Ottoman legislation as
well as by its authorities.
I hope your excellency will recognize the eminent injustice of obliging
Mr. Knapp for having in good faith bought a property which was sold to
him by the Government, after fulfilling all the conditions required of
him and who paid the entire sum into the hands of the competent
authorities, to be obliged to appear again before the tribunals to
answer the vexatious demands of Serkis. If the latter, who is an Ottoman
subject, wishes to sue any one about this property, he should sue the
Ottoman Government and not Mr. Knapp. The Government gave Mr. Knapp his
title deeds; it is therefore the duty of the Government to defend
him.
If your excellency wishes to examine or have examined authenticated
copies of the title deeds of Mr. Knapp, I will hasten to transmit them
to you.
In consequence of what precedes, I beg your excellency to give
instructions to the governor or pasha of Bitlis not to allow Mr. Knapp
to be molested nor evicted from the house in question until the case be
considered here and a decision taken. And in consideration of the
urgency of the case, the slowness of postal communication, and the
arbitrary behavior of the authorities of Bitlis, I beg your excellency
to give them their instructions by telegraph.
Accept, &c.,
[Inclosure 4 in No. 451.]
Ministry of foreign
affairs to the legation of the United
States at Constantinople
.
Sublime
Porte
,
November 18,
1884.
The legation of the United States remembers that the property in
contestation between the Rev. Mr. Knapp and the Ottoman subject Serkis
Kurkdjian was adjudged to the latter by a judgment of the tribunal of
first instance of Bitlis.
[Page 819]
In consequence of information and explanations furnished by the United
States legation, the ministry of justice gave this affair serious
examination; it results to day, from a report from that department, that
the judgment given has acquired a final character, and that, moreover,
in matters of property, foreign intervention is not admitted.
The Imperial ministry would be, therefore, very much obliged to the
legation of the United States of America if it would be so good as to
invite the Rev. Mr. Knapp to evacuate the house in question, reserving
the right to make good his claim legally if he considers his interests
injured.
[Inclosure 5 in No. 451.]
Legation of the United
States to the ministry of foreign
affairs
.
Legation of the United States,
Constantinople
,
November 20,
1884.
The legation of the United States of America has received the note verbale numbered 76,611 37, and dated the
18th instant, which the Imperial ministry of foreign affairs has done it
the honor to address to it on the subject of the house in dispute
between the Rev. Mr. Knapp and the Ottoman subject, Serkis Kurkdjian,
which was awarded to the latter by a decision of the court of first
instance of Bitlis, and demands that this legation should require Mr.
Knapp to surrender the house in question.
The legation of the United States has on several occasions had the honor
to explain to the ministry of foreign affairs the circumstances of this
suit and its reasons formot thinking that it should order Mr. Knapp to
submit to the claims of the said Serkis, whose only recourse is against
the Imperial Government, as is explained in the note of this legation
No. 64, dated the 11th July, 1881, of which a copy is inclosed, and as
is shown by the documents in support which are in the possession of the
ministry of justice.
Considering the unquestionable rights of Mr. Knapp in all this question,
and the official documents, and the sentence which he holds given by the
tribunal of the cheri, this legation thought it might hope that a just
and equitable solution would have been the result of a serious
examination of this question. But such not being the case, the ministry
of justice insisting upon the execution of the sentence of the tribunal
of first instance of Bitlis, and, on the other hand, Mr. Knapp, who had
the misfortune to be the companion of Mr. Reynolds when they were
attacked by Moussa Bey, being now on his way to Washington for the
purpose of following up these affairs, this legation can only submit the
question to his Government and ask for instructions.
