No. 445.
Mr. Cox to
Mr. Bayard.
Constantinople, January 5, 1886. (Received January 18.)
Sir: In reply to a portion of your dispatch No. 49, of November 28, 1885, referring to the law creating the “Bureau of Nationality,” have the honor to inclose herein a translation into English of the law, and to say that this bureau of nationality takes its authority from the “Regulation of the commission in charge of the questions of nationalities,” dated July 17, 1869 (“Legislation Ottoman,” Vol. I, page 12). The commission contemplated in the above-cited regulation is changed into a regular office, and is conducted under the same regulations. The report of that bureau has not any final or judicial character. Its action is only suggestive to the minister of foreign affairs, who has a [Page 863] right to adopt or to change it at his discretion. This is at least the practice up to this time, as I understand it.
In response to your questions concerning this bureau, on page 12 of your dispatch No. 49, I would say, first, as to the powers and functions of the said bureau with reference to the fifth and ninth articles of the law of 1869 (which you quoted), that as a matter of fundamental law in Turkey, from the foundation of the Turkish Empire, every person residing in the Ottoman dominions is supposed to be an Ottoman subject until he proves to the contrary; and the tenor of articles 5 and 9, in the law of nationality is simply an affirmation of the original fundamental law, and the bureau of nationality was ordained simply to examine the documents presented in support of the claim of a foreign nationality, and if found satisfactory a certificate to that effect is delivered by that bureau and the person’s name is registered. The registration has the effect to prevent or avoid any further discussion of the nationality of the claimant. If the evidence is not satisfactory the certificate and registration are refused, and that bureau reports to the minister of foreign affairs a statement of the reasons why registration could not be granted. The decision, in the last resort, rests with the minister.
The bureau of nationalities has, however, certain instructions, under which it acts. They are found in an explanatory letter from the grand vizier to the governors of the provinces (see Législation Ottoman, Vol. I, page 9). Under these instructions, as I learn, in case there is a doubt as to the status of a person, the evidence of his status shall be furnished by himself. Moreover, it is clearly understood that the law of nationalities has no retrospective effect; that is, all Ottoman subjects who have been recognized by the Ottoman Government as foreigners by virtue of a special understanding between the Sublime Porte and the foreign missions accredited to the Ottoman Porte, or by virtue of treaties, will continue to be Ottoman subjects as before. These instructions further say that, in no case shall naturalization have the effect of withdrawing or relieving the naturalized person from suits, civil or criminal, which have been brought against him before changing his nationality.
Now the bureau admits as American citizens all Ottoman subjects who were naturalized before 1869. It is willing, I believe, to admit even those who have been naturalized after 1869, provided they prove by their first certificate of intention of naturalization, that they were out of the country (Turkey) at the time the law was enacted. But this recognition is not very reliable. It is not in the law, but against it.
* * * * * * *
As there is no treaty or special convention between the United States and Turkey on the subject, any Ottoman subject naturalized in America, whether before or after 1869, without having previously obtained the requisite authorization from the Ottoman Government, is then considered an Ottoman subject.
It will be seen, therefore, that the bureau has no final or judicial functions, except that when they allow registry it is final and conclusive and the certificate given without further action or without referring it to the minister. Upon a refusal, however, to grant the registry, the instruction is as I have endeavored to describe, and which you can better decide by interpretation of the law itself, which I inclose.
Thus far registration has not been regarded as obligatory upon aliens. It is required, however, whenever the alien presents himself before an Ottoman tribunal, either as claimant or defendant, or if he has to [Page 864] to validate any official or legal document, and when in any transaction the seal of an Ottoman office is necessary. In all such cases the status of the alien is questioned and then the registration becomes obligatory; but the absence of his name from the books of the bureau of registry does not create ipso facto the presumption that he is a Turkish subject.
I have, &c.,