No. 666.

Mr. Cox to Mr. Bayard.

[Extract.]
No. 22.]

Sir: Your dispatch No. 16, of August 29, refers to the proposed expulsion from Safed, Palestine, of two American citizens, viz, Louis Lubrowsky and his brother. They are Hebrews, but, as I took good care to ascertain authentically, they are American citizens.

Before my audience, I was called on to advise with Mr. Heap, the consul-general, as to this very case. My first concern was the ascertainment of their citizenship. After that, as the inclosures will satisfy you, we were not derelict in anticipating, as it were, your stringent instructions for the protection and vindication of American citizenship in this case.

The arrest, or rather the bond required of these brothers, was not because they were guilty of crime or otherwise amenable to Turkish law. The simple question and response was, “Are they not Jews? If so, they must go.” We said, “No! unless by superior force.” The telegram we sent made this our conclusion plain. * * *

No more is heard of the case. That signifies a suspension of the attempt to expel.

* * * * * * *

I inclose to you the dispatch of Mr. Heap, which is a résumé of this business.

I have, &c.,

S. S. COX.
[Inclosure 1 in No. 22—Extract.]

Mr. Heap to Mr. Cox.

Sir: Referring to my communications to Mr. Emmet, dated the 22d of July and 3d ultimo, relative to the arbitrary order of the authorities of Syria to expel two American citizens residing at Safed, in Palestine, solely on account of their religion, I have the honor to submit, in compliance with your verbal request, a copy of all the correspondence that has passed between this consulate and that at Beirut in relation to this affair since the date of my dispatch of the 3d ultimo to the late Chargé d’affaires ad interim.

[Page 865]

With your approval I instructed Mr. Robeson on the 6th of August to protest against the expulsion of American citizens on account of their religious belief, and qualified the order as an act not only contrary to humanity and justice but in violation of treaty stipulations, and that the American Government would not view it with indifference.

I telegraphed again, with your consent, on the 18th of August and requested Mr. Robeson to instruct the Messrs. Lubrowsky to yield only to force, so as to leave the entire responsibility of this illegal act to the Turkish authorities.

* * * * * * *

Should the authorities of Syria have concluded to desist from the execution of their threat to imprison the Lubrowsky brothers unless they left the country there will only remain the obtaining of their release from the bond they were required to give to leave the country in ten days or obtain a special license to remain, and the repayment of the money extorted from one of them on his arrival by a policeman.

In all this transaction Mr. Robeson has acted with good judgment, discretion, and firmness.

I am, &c.,

G. H. HEAP,
Consul-General.
[Inclosure 2 in No. 22.]

Mr. Heap to Mr. Robeson.

Sir: I received on the 30th ultimo a telegram relative to the expulsion of American citizens from Syria by order of the local authorities, without process of law or even charge of crime or misdemeanor. In answer to this telegram I telegraphed to you today as follows:

“I confirm my telegram of 31st July and now instruct you to make an energetic protest against the expulsion of American citizens on account of their religious belief. This act of the authorities of Syria is as contrary to humanity and justice as it is to treaty stipulations and the ancient capitulations, and will not be viewed with indifference by the American Government.”

I telegraphed to you on the 31st July in answer to a telegram received from you on the 30th, instructing you as follows:

“If Lubrowsky brothers are American citizens declare that they are under American protection, and that their expulsion without due process of law and conviction of crime or misdemeanor would be illegal and in violation of international comity, treaties, and capitulations. Porte will be asked to arrest action of provincial authorities.”

You will please institute immediate inquiry into the cause of the delay in the transmission of your telegram of the 30th July, received yesterday afternoon.

My instructions by telegraph are so comprehensive that it is unnecessary for me to say more at present.

I am, &c.,

G. H. HEAP,
Consul-General.
[Inclosure 3 in No. 22.]

Mr. Robeson to Mr. Heap.

Sir: I have the honor to acknowledge the receipt of your dispatch, dated July 23, relative to the order of the Turkish authorities of Safed to expel Mr. Louis Lubrowsky and brother American citizens residing at that place. In answer, I beg to inform you that I have asked Mr. Schumacher, United States consular agent at Haifa, to furnish me, for the United States consulate-general, with the passports, &c., of said persons, and as soon as I have received the same I will transmit them to you.

I have, &c.,

JOHN T. ROBESON,
Consul.
[Page 866]
[Inclosure 4 in No. 22.—Telegram.]

Mr. Robeson to Mr. Heap.

Your telegram, received several days ago, was lodged by me with Vali, and by Schumacher with Mutassarif of Acca, against the expulsion of or illegal interference with American citizens at Safed, or elsewhere in Syria, by Turkish authorities. Particulars by mail.

ROBESON.
[Inclosure 5 in No. 22.]

Mr. Robeson to Mr. Heap.

Sir: I have the honor to acknowledge the receipt of your telegram of the 31st ultimo, also your telegram of yesterday, as follows:

“I confirm my telegram of 31st July, and now instruct you to make an energetic protest against the expulsion of American citizens on account of their religious belief. This act of the authorities of Syria is as contrary to humanity and justice as it is to treaty stipulations and the ancient capitulations, and will not be viewed with indifference by the American Government.”

On the 30th July, I received a telegram from Mr. Schumacher, United States consular agent at Haifa, informing me that an order had been received by the governor of Acca from Constantinople to expel the American Jews residing at Safed. I telegraphed to Mr. Schumacher immediately to protest strongly against such illegal proceedings, and beg to inclose herewith a copy of Mr. Schumacher’s protest, addressed to the governor (with translation), at which protest the governor expressed his indignation when the same was handed him. On the 1st August, I also addressed a protest to the Vali of Syria, to which no answer has been received at this consulate. As mentioned in my dispatch to you of August 6, 1885, I have asked Mr. Schumacher to furnish me immediately with the proofs of Mr. Louis Lubrowsky and brother’s American citizenship.

I am, &c.,

JOHN T. ROBESON,
United States Consul.
[Inclosure 6 in No. 22.—Translation.]

Mr. Schumacher to the mutassarif of Acca.

Excellency: I have the honor to acknowledge the receipt of your letter dated the 16th July, in which you inform me that according to orders received from Constantinople you have instructed the kaimahan of Safed to exile the American Jews residing there.

In answer I beg to state that a Jew, if once a citizen of the United States, enjoys the same rights as the believer in any other religion, and I therefore energetically protest against any such action of your excellency as above mentioned, which is a violation of the treaty between the Sublime Porte and the United States, which treaty allows citizens of both respective powers to reside untroubled in either of the countries, and leave the execution of the orders you mention to the entire responsibility of your excellency.

I am, &c.,

J. SCHUMACKER,
United States Consular Agent.
[Inclosure 7 in No. 22.]

Mr. Robeson to the governor-general of Syria.

Highness: I hasten to inform your highness that I have received information that the Mutassarif of Acca, in obedience to instructions received, has ordered the kaimahan of Safed to expel the American citizens residing there, who I understand to be Louis Lubrowsky [Page 867] and brother. These gentlemen are citizens of the United States and are entitled to the protection of the American Government, and I declare their expulsion without due process of law, conviction of crime, or misdemeanor to be illegal and in violation of international courtesy and treaty stipulations existing between the United States and the Sublime Porte.

I protest against any American citizen being illegally molested or interfered with by the Turkish authorities.

I request your highness to arrest all proceedings against the gentlemen referred to, and please let me know at your earliest convenience what course your highness has deemed proper to take in this important matter.

I improve, &c.,

JOHN T. ROBESON,
Consul.
[Inclosure 8 in No. 22.]

Mr. Robeson to Mr. Heap.

Sir: I have the honor to acknowledge the receipt of your dispatch, dated August 3, inclosing a copy of a dispatch of July 22, addressed by you to W. C. Emmet, esq., United States chargé d’affaires at Constantinople. Your dispatch and inclosure refer to the order to expel Louis and Jacob Lubrowsky, American citizens residing at Safed, which order evidently was based on the ground that the Lubrowsky brothers are Jews.

In answer I beg to thank you for the energetic manner in which you have taken up the case of these American Jews, and I hope you may succeed in getting the Porte to recognize these people as American citizens in the full sense of the word; also in having the Turkish authorities at Safed give up their bond and to return the money taken from Jacob Lubrowsky by the police.

To day I have received the passports of Jacob and Louis Lubrowsky (and telegraphed you to that effect), which I beg to inclose herewith, and as soon as their naturalization papers are received I will transmit them if you desire the same.

The Vali has paid no attention to my protest in the matter.

Mr. Schumacker, the United States consular agent at Haifa, writes that he has not been able to hear anything from either Jacob or Louis Lubrowsky for some days. Safed is about two and one-half days on horseback from Haifa, and is said to be a rough and dangerous country to travel in.

I am, &c.,

JOHN T. ROBESON,
Consul.
[Inclosure 9 in No. 22.]

Mr. Heap to Mr. Robeson.

Sir: I telegraphed you yesterday as follows: “Dispatch received. You will instruct the Lubrowsky brothers not to yield to order of expulsion unless force is employed. The responsibility of expelling American citizens from Ottoman territory on account of their religion and using force must rest with the Ottoman authorities;” and have just received your answer informing me that, owing to ill-treatment and sickness, Jacob Lubrowsky has returned to America.

Should recourse be had to force to expel Louis Lubrowsky from Safed, you will please general against this illegal exercise af power, and report the case to the Department of make careful inquiry into all the circumstances, present a formal protest to the governor-State with copies of all the documents bearing upon it.

I am, &c.,

G. H. HEAP,
Consul-General.
[Page 868]
[Inclosure 10 in No. 22.—Extract.]

Mr. Heap to Mr. Robeson.

Sir: * * * I have nothing further to say relative to the threatened expulsion by the local authorities of Lubrowsky brothers, pending information from you whether the order has been executed, withdrawn, or allowed to fall in abeyance.

I am, &c.,

G. H. HEAP,
Consul-General.