No. 1068.
Mr. Straus to Mr. Bayard.
Legation of
the United States,
Constantinople, February 27, 1888.
(Received March 19.)
No. 65.]
Sir: Referring to dispatch* No. 406 of
July 3, 1884, from Mr. Heap, charge d’affaires ad
interim to the State Department, in reference to the [Page 1564] new passport regulations, the
requirements of which are therein set forth, I have the honor to report:
This matter together with others of an administrative nature, and affecting
all foreigners alike, was referred to a meeting of the dragomans of the
respective missions, including our own, for consideration under the
supervision and direction of their chiefs.
They formulated a note verbale in French to the Porte
pointing out the objections to the enforcement of such regulations. I
accordingly, on the 23d instant, transmitted a note
verbale to the Porte, of which the inclosed is a copy, which is a
translation of the one formulated in French, which has also been transmitted
by several if not all of the other missions.
Trusting that my action in the matter will meet your approval,
I have, etc.,
[Inclosure 1 in No. 65.]
The legation of the United
States to the ministry of foreign
affairs.
United
States Legation,
Constantinople, February 23,
1888.
The Sublime Porte communicated to the legation of the United States the
new regulation on passports of the 9th of February, 1884. This
regulation, it must be admitted, establishes a compact of restrictive
measures, the application of which in regard to foreigners would be of
such a nature as to interfere with the rights acquired by them by virtue
of the treaties in force and would create numerous difficulties without
any practical benefit.
The last paragraph of article 11 stipulates thus:
If there is a diplomatic or consular representative of the Imperial
Government to be found on his way, the bearer is bound to have his
passports visaed by him.
This disposition applied in all its vigor would oblige foreigners to
forced delays on their way, in cases where in the country they came from
there should not exist an Ottoman diplomatic or consular mission. It
would give occasion also to abuses, as it would be impossible to claim
from the subordinate police agents an exact knowledge of the places
where representatives of the Ottoman Government are to be found.
Article 12 interdicts the frontier of the empire to all foreigners
traveling without a passport or with an irregular one, and article 17
provides even penalties of extreme rigor in such cases. The Sublime
Porte will agree, in its equity, that these two articles constituting a
derogation of the capitulations, their enforcement would be on all
points impossible.
The same objections may be raised with regard to article 15. As to
article 14, by virtue of which foreigners arriving in Turkey are bound
to declare how long they expect to sojourn, and to furnish themselves
with a permit of sojourn, this tends to nothing less than to destroy the
state of things existing in favor of foreigners in conformity to
international compacts. In fact, by virtue of the capitulations and the
treaties of commerce, foreigners can freely come to Turkey, travel in
it, and occupy themselves with commerce without any kind of hindrance.
Under these premises to subject them to the hard conditions which
precede, is creating for them altogether new obligations, which, far
from having the character of supervision, constitute in reality a
hindrance to the free circulation of foreigners.
Still, even in view of the right of reciprocity, as similar regulations
do not exist in the United States, the legation of the United States can
not acquiesce in the enforcement of this measure to the prejudice of its
citizens.
Finally, as regards article 18, it would be necessary, in order to avoid
the numerous difficulties which would result from its enforcement, to
point out precisely the case of force majeure
which allows the landing of passengers and merchandise.
Such are, briefly stated, the reasons for which the legation of the
United States regrets not to be able to accept the regulation in
question, in its actual form and tenor; it has consequently the honor to
request the imperial ministry of foreign affairs to give the necessary
instructions for the suspension of the enforcement of the regulation of
passports until an understanding intervenes on this subject between the
legation of the United States and the Sublime Porte.
[Page 1565]
[Inclosure 2 in No. 65.]
Mr. Heap to Mr.
Frelinghuysen.
Legation of the United States,
Constantinople, July 3,
1884.
Sir: I received yesterday a circular, “verbal
note,” from the ministry of foreign affairs informing this legation that
the Porte has decided to postpone the application of the new passport
regulations to the 15th (27th) of this month, in order that they may
become generally known.
As several American travelers arriving m Turkish ports have been put to
much inconvenience and annoyance in consequence of their ignorance of
these regulations, I will state their principal prescriptions as far as
they concern persons arriving in Turkey.
Foreigners arriving in Turkey will not be allowed to cross the frontier
by land or to disembark at a Turkish port unless they are provided with
a passport bearing the visa of the Ottoman
ambassador or consul at the place of departure. If at the place of
departure there is no Ottoman representative the visa will be dispensed with, but the traveler must obtain it
at the first place through which he passes on his way where an Ottoman
consulate exists. Travelers are bound to present their passports, on
demand, to the authorities demanding them, either at the land frontier
or at the point of arrival.
Foreigners arriving in Turkey must, within six months from the date of
their arrival, present their passports to the Ottoman authorities and
obtain a permit of sojourn in the Ottoman dominions.
Foreign subjects whose papers are not in order are liable to expulsion
from Ottoman territory; but an exception will be made in favor of those
who, arriving without passports or whose passports are not in order,
present themselves forthwith to the Ottoman authorities and justify the
irregularity by producing a guaranty from their consulate.
These are the principal points in the new regulations, of which Americans
visiting Turkey will do well to take note.
I am, etc.,
G. H. Heap,
Chargé d’Affaires ad interim.
