Papers Relating to the Foreign Relations of the United States, For the Year 1887, Transmitted to Congress, With a Message of the President, June 26, 1888

No. 696.
Mr. Straus to Mr. Bayard.

Legation of the United States,
Constantinople, September 6, 1887. (Received September 19.)

No. 24.]

Sir: Referring to my dispatch No. 14, of July 18, 1887, subject, “Interference with Colporteurs,” I have the honor to make the following additional report of what has been done by me since that date. On the 19th July I had occasion to call on the Grand Vizier and he informed me that the regulations concerning colporteurs had recently been formulated by the commission appointed several years ago, and that they had been forwarded to the legislative section of the council of state, and that they were now before the entire council of state, and would doubtless be passed very soon and promulgated as a law. Upon my suggesting that I would like to have a copy of the proposed law with a view of considering it together with the representative of the American Bible (Society for the purpose of proposing amendments, provided that upon consultation with the agents of the society it should be deemed necessary, he agreed with me in the suggestion that if by that means a mutually satisfactory law could be arrivedat it would avoid a great source of discussion between the legation and the Sublime Porte.

Inclosure No. 1 is a translation of the law now before the council of state, designated as “the Porte’s project of the law of colporteurs,” which was given to me in Turkish by the Grand Vizier.

After considering it with, the agents of the American Bible Society, it was found to be entirely too restrictive in its provisions, and I suggested to them to draught amendments upon the basis of the Porte’s project. They conferred with the representatives of the British Bible Society and draughted such amendments, which were concurred in by the representatives last named. These amendments are inclosure No. 2, designated as “Law of book-hawkers, with proposed amendments incorporated.”

I had occasion to call the matter incidentally to the attention of Sir William A. White, the British ambassador. He agreed with me that it would be much more feasible to endeavor to have the law shaped satisfactorily at this stage, if the Grand Vizier would concede the opportunity, than to contend against the law when promulgated, especially as the matter is one over which the Sublime Porte had undisputed jurisdiction, and that he desired to unite with me in this matter, as it had likewise been brought to his attention by the representatives of the British Bible Society.

I drew up a memorandum as to the proposed law concerning colporteurs, which was concurred in by the British embassy, a copy of which is inclosed (inclosure No. 3). Yesterday I laid the matter before the Grand Vizier, being accompanied by Mr. Fane, the first secretary of the British embassy, who was delegated to represent Sir William A. White, and also by Mr. Gargiluo and Mr. Block, dragoman of the British embassy. I discussed the matter fully with his highness. The substance of my presentation is contained in inclosure No. 3, which I left with the Grand Vizier.

I am perhaps justified in expecting that the amendments, in the main, will be adopted.

I have, etc.,

O. S. Straus.

[Inclosure 1 in No. 24.]

[Translation.]

The Port’s project of the law of colporteurs.

Article I.

Those Who sell in the streets or other places books or tracts of any description, or pictures or photographs, or any printed or written papers excepting newspapers, by carrying them or by placing them on some means of conveyance or by spreading them but in a temporary exhibition, are styled colporteurs.

Article II.

Colporteurs are obliged to obtain a license, in the capital from the prefecture of the city, and in the provinces from the offices of the municipality.

Article III.

In order to obtain a license those who wish to become colporteurs are required to draw up a petition, containing name, title (or profession), age, residence, nationality (1), and the names of the places where they are to carry about (books) as well as the promise not to sell books or tracts or other papers or pictures or photographs (2) that are opposed to the public peace, to morals, or to the religious denominations; to this is to be attached & testimonial from some honorable quarter as to their good repute. This petition is to be presented in Constantinople and its dependencies to the prefecture, and in the provinces to the vali, or in the independent districts to the mutes-sarif (3). In case the petitioner is a foreign subject he is required to add to his petition and his testimonial a bond certified by the legation of the Government of his allegiance, whereby he agrees to be treated as an Ottoman subject (4).

Article IV.

Those who have not entirely followed the course (fulfilled the conditions) necessary in accordance with Article III will not be given licenses for colportage.

Article V.

If colporteurs shall call out the books which they sell by any words aside from the title that suggest the contents of the books, their licenses are to be given up, and they themselves to be fined in accordance with article 254 of the penal code.

Article VI.

Colporteurs who knowingly sell any kind of pernicious or immoral books, tracts pictures, photographs, or other papers, either openly or secretly, are regarded as ac cessories in crime with the authors or printers, and besides suffering the treatment prescribed by law they will be restrained from exercising their calling for from one to three months.

Article VII.

The force of the license is limited to the time specified, and if the books and tracts sold relate to religious matters they are not to be sold in the vicinity of any place of worship (5).

Article VIII.

Those who sell books, tracts, pictures, photographs, or other papers printed or prepared without permission, or imported from abroad, and those who engage in colportage without obtaining official license, are fined from 3 to 10 Osmanli pounds (6).

Article IX.

It is in the hands of the Government to prevent the purchase and sale of books, tracts, and other papers, whose printing and publication rest upon an official authorization, when their circulation in some places is thought to be harmful for the time being. Booksellers selling such books within the prohibited districts give up their license, and they are punished in conformity with. Article VIII (7).

Article X.

The term of validity of the license and the course to be pursued in regard to its “being limited to its owner conform to the system in vogue with regard to trade licenses (8).

Article XI.

Colporteurs are subjected to the inspection of the officers of the ministry of public instruction, of the municipality, and of the police.

Article XII.

The ministry of the interior and the ministry of public instruction are charged with the execution of this law.

[Inclosure 2 in 24.]

The law of book-hawkers, with the proposed amendments incorporated.

Article 1.

Those who sell in the streets or other places books or tracts of any description, or pictures, or photographs, or any printed or written papers excepting newspapers, by carrying them or by placing them on some means of conveyance, or by spreading them out in a temporary exhibition, are styled book-hawkers.

Article 2.

Book-hawkers are obliged to obtain a license, in the capital and its dependencies from the prefecture of the city, and in the provinces from the offices of the municipality.

Article 3.

Licenses are granted on the condition that those who desire to become book-hawkers shall draw up a petition, containing name, title (or profession), age, residence, nationality, and the district in which they wish to carry on their trade, as well as the promise not to sell books, tracts, or other papers Which have not received the permit of the department of public instruction, or any pernicious or immoral pictures or photographs; to this is to be attached a testimonial from some honorable quarter as to their good repute.

This petition is to be addressed to the authorities mentioned in article 2. It is legitimate, however, for the valis or independent mutessurifs in the provinces to issue such licenses to cover the entire district under their jurisdiction.

In case the petitioner is a foreign subject he shall present in addition a certified passport from his legation.

Article 4.

Those who have not entirely followed the conditions necessary in accordance with article 3 will not be given licenses for book-hawking; but licenses once granted are renewed at the expiration of the term, provided that the book-hawker has not been guilty of any violation of the law. They are also extended to include other districts, by the visa of the authorities of the district in which the book-hawker wishes to work.

Article 5.

If any book-hawkers shall call out the books that they sell by any words aside from the title that suggest the contents of the books, their licenses are to be given up, and they themselves are to be fined in accordance with article 254 of the penal code.

Article 6.

Book-hawkers who knowingly sell books unathorized by the department of public instruction, or any kind of pernicious or immoral pictures orphotographs, either openly or secretly, are regarded as accessories in crime with the authors or printers, and besides suffering the treatment prescribed by law they will be restrained from exercising their calling for from one to three months.

Article 7.

The force of the license is limited to the time specified, and if the books and tracts sold relate to religious matters, they are not to be sold on the premises or near the gates to the premises of any place of worship, except on the consent of those in charge of such places of worship.

Article 8.

Those who sell books, tracts, or other papers printed or prepared without permission, or imported from abroad and not authorized by the proper authorities, or pernicious or immoral pictures or photographs, and those who engage in book-hawking without obtaining official license, are fined from 3 to 10 Osmanuli lire.

Article 9.

It is in the power of the Government to restrict the action of book-hawkers in districts where martial law has been proclaimed, when their presence is deemed to be harmful for the time being, even though the book-hawkers possess licenses. Book-hawkers found within the prohibited districts in such a case are deprived of their licenses and are punished in accordance with article 8. Except for proven fault, the holding of a license shall be sufficient authority for the free exercise of the trade within the limits of time and territory prescribed by the license.

Article 10.

The term of validity of the license and the course to be pursued in regard to its being limited to its owner conform to the system in vogue with regard to trade licenses.

Article 11.

Book-hawkers are subjected to the inspection of the officers of the ministry of public instruction, of the municipality, and of the police.

Article 12.

The ministry of public instruction and the ministry of the interior are charged with the execution of this law.

[Inclosure 3 in No. 24.]

Memoranda on law of colporteurs.

Memoranda as to the proposed law concerning colporteurs submitted by the British embassy and the United States legation to His Highness the Grand Vizier:

The commission which formulated the proposed law concerning colporteurs which is now before the imperial council of state was appointed upon the application of General Wallace, late minister of the United States, and at the instance of the British embassy.

The object sought to be attained was to have a definite law promulgated, that thereby the agents of the British and American Bible societies might be protected from arbitrary interference by the police and the officials in the provinces.

It was understood that the two societies above named should each have a delegate as members of such commission. It appears that at the first meeting of such commission these delegates attended, but were subsequently excluded.

The present proposed law is not, therefore, in any sense due to the operation of the societies above named; on the contrary, amendments proposed by them were not only not adopted by the commission, but provisions of a contrary import were adopted.

The legation of the United States and the British embassy, desirous that such a law be promulgated as may for the future eliminate the vexatious discussions that so continually arise by reason of the arbitrary arrests of the agents of the Bible societies, have the honor to submit therewith certain amendments to the proposed law.

The proposed law is in conflict with the rights as to commerce as well as with the fuarantees of religious liberty, and it is confidently believed that the Sublime Porte as no intention of derogating from these important principles. That such would be the effect under the proposed law will now be briefly shown.

(1) Books, when once sanctioned by the censors, are as legitimate an article of commerce as any other kind of merchandise. The proposed law as to colporteurs refers to the sale of books which previously obtained the sanction of the censors to be printed or which have obtained their permit if imported, The authorization of the censors to print and publish a book once obtained, any obstacles placed in the way of its sale are in restraint of commerce, and no reason is apparent why different regulations should be made in respect to book-hawkers than in respect to hawkers or any other article, excepting for the purpose of ascertaining whether the books of the hawker have the reauisite authorization of the censors.

It will be seen that article 9 is in direct conflict with the principles stated? that it places in the power of the Government, and presumably this implies the local authorities in the provinces, to disregard the permit of the censors as well [as] the license of the hawker at their pleasure. That is to say, article 9 could be, and experience justifies the conclusion that it frequently would be, so construed as to prohibit absolutely the sale of books by hawkers in certain provinces whenever it might suit the pleasure of the local authorities.

(2) It is further respectfully submitted, that the permit to print and publish a book having been once regularly obtained, the publishers or their agents should not be subjected to the caprices of the locator other officials to interdict the sale and circulation of such books.

Article 3 construed together with article 2 makes the local official in each district and province the judge as to what books are opposed to “public peace,” “morals,” or “religion,” and thereby substantially vests in him the power to override the authorization of the censors and to disregard at pleasure a license regularly obtained.

The amendments proposed are submitted with a view of preventing that contingency.

(3) Article 8 should be more definite; in that, as it now stands, the words “vicinity of any place of worship” are capable of unlimited extension, so as to cover any given district, however extensive, within which the colporteur is not permitted to sell religious books.

The effect of such interpretation would be as prohibitive as if a law were enacted absolutely prohibiting the sale of books within the limits of any inhabited district. It is to be presumed that such is not the intent.

(4) Attention is called to the fact that in article 9 the ordinary term in Turkish for “bookseller” is used instead of the one signifying “colporteur,” or “book-hawker.” It is desirable that this be corrected, as it doubtless was not so intended.