Mr. Bayard to Mr. Cox.
Washington, August 17, 1885.
Sir: I have to acknowledge the receipt of a dispatch from Mr. Wallace, No. 491, of April 9, 1885, reporting the adverse decision of the Government of Turkey to the claims for indemnity preferred by the United States on account of the assaults committed upon the Rev. G. C. Knapp and Dr. G. C. Reynolds and Maurice Pflaum, M. D.
The minister for foreign affairs maintains that his Government is not to be held pecuniarily responsible for the acts complained of, and asserts that it is lawful for the parties interested to bring suit against the “magistrates for prejudice to their cases by reason of irregularities in their proceedings.”
I am unable to accept this reply as either a final or satisfactory answer. The magnitude of these offenses, no less than the cruelty which particularly characterized the treatment received by Messrs. Knapp and Reynolds, leaves no other course open to this Government than to again appeal to that sense of justice which should alike animate Turkey and prompt her to make honorable amends for these crimes.
I do not, however, deem it necessary to review the entire correspondence in each of these cases, since it is fully before your legation. I therefore content myself with a brief reference in each case, and trust that you will speedily familiarize yourself therewith and renew the application for a money indemnity for these outraged American citizens. In so doing you will keep in mind the general views as to this class of claims expressed in my No. 9, of the 17th instant.
The assault upon Messrs. Knapp and Reynolds was committed May 31, 1883, by Koords near Bitlis, and was accompanied with robbery and attempted murder. Dr. Reynolds received ten sword-cuts, while Mr. Knapp was beaten over the head with a heavy club. Both gentlemen were tied, gagged, and dragged into the bushes and left to die.
The case of Dr. Pflaum occurred also in 1883, April 28. It originated in an unpaid bill for medical services rendered to Tahir Effendi, of Axar, and involves the disputed Article IV of the treaty of 1830, with a peculiar advantage on the side of this Government. “The governor of Axar,” says Mr. Wallace, “did not confine himself to arresting Dr. Pflaum, and trying and sentencing him; he went the full figure, and punished him also.”
[Page 860]It needs also to be remarked that in connection with these cases the Government of the United States has not yet succeeded in obtaining satisfactory treatment by Turkey.
Mr. Wallace’s dispatches Nos. 460 and 461, of January 8 and 13, 1885, present the latest developments in the cases previous to his No. 491. His No. 460 contains a uote from the Turkish Government relative to the case of Dr. Pflaum. It acknowledges the discovery of certain irregularities, announces the removal of two officials, and the reprimand of another. His No. 461 concerns the case of Messrs. Reynolds and Knapp. It also acknowledges the discovery of some irregularities, and states that certain officials have been “put under judgment.”
In the case of Dr. Pflaum, Mr. Frelinghuysen replied, under date of January 29, 1885 (No. 257), that in the Department’s judgment it seemed fitting that this admission of irregular treatment should be followed by an immediate offer on the part of the Sublime Porte to make due reparation to a wronged American citizen. Mr. Wallace was accordingly instructed to renew his application for a suitable money indemnity, should he not receive within a reasonable time an offer of settlement from Turkey. Respecting the complaint of Messrs. Reynolds and Knapp, my predecessor remarked in his instruction (No. 260) of February 4, 1885, that the reported action of Turkey was viewed with satisfaction as evidence of a desire on the part of that Government to recede from the deadlock into which the matter had fallen through the action of the Turkish authorities, and of a purpose to act in accordance with international comity and right counsel. “It remains to be seen, however,” adds Mr. Frelinghuysen, “whether substantial justice for these injured men can be reached, and certainly no less will satisfy us. Under all the circumstances of this case, the Government of the United States rightly expects that the Government of Turkey will make early and due reparation to Messrs. Knapp and Reynolds for the outrages perpetrated by Moussa Bey, whose identity is beyond question.”
So much depends on the tact with which a pecuniary claim on a foreign Government is pressed and on the influence of the officer presenting it, that I do not think that even two refusals from Turkey in the present cases should place this Government in a position in which a third application through a new minister would be improper.
I cannot but regard that these claims possess much merit, and that the Government of Turkey should be urged to settlement. I am not disposed to say that our insistence should be such as to disturb the friendly relations of the two countries, and with these remarks I feel that I may confidently leave the subject largely to your discretion.
The Department will be glad to receive a full report of your action, when taken.
I am, &c.,