No. 1093.
Mr. King
to Mr. Bayard.
[Extract.]
Legation of
the United States,
Constantinople, September 18, 1888.
(Received October 6.)
No. 112.]Sir: On the arrival of Proios (referred to in
dispatches No. 68, of April 5 last, and No. 71, of April 30 last), I
received from the consul-general a request for the evidence against him. I
at once sent a note to the Porte, to which I received no reply. A second
request from the consul-general was followed by a second note to the Porte,
to which also no reply was made. Having received a third dispatch from the
consul-general, in order to give the Porte no cause of complaint I went in
person on August 13 to see the minister of foreign affairs.
In this interview it was clear to me that there was no intention of
presenting the evidence against Proios.
I made to the minister, in a clear manner, the explanation stated in my No.
80 to the consul-general, who, on receipt of this information, released
Proios, as stated in his No. 140 to me.
Before the above interview with the minister of foreign affairs certain
members of the sanitary office had requested from the consul-general
permission to talk with Proios. To this the consul-general assented,
provided that he (the consul-general) should be present at the examination;
but Proios refused absolutely to answer any such questions, but stated
repeatedly that he was ready to be tried by the consul-general.
Shortly afterwards I received a note from the Porte, wherein the minister of
foreign affairs requests an examination of Proios by the sanitary
[Page 1604]
administration, although I had
explained to him that the consul-general could not force Proios to undergo
such; and that Proios had positively refused any and all such examinations
and conversations.
I sent a copy of this to the consul-general, mostly as a matter of
record.
I have recently received a second note from the Porte, repeating its
request.
To these notes I replied in writing.
It was not for me to pronounce upon the guilt or innocence of Proios. I have
done nothing to shield him from justice 5 but at the same time I have tried
to protect the American citizen in accordance with our treaty rights, not
only as a matter of justice toward him, but for the bearings of the case on
Article IV of the treaty of 1830.
The matter is now in a manner ended, as I regard it.
Hoping that my action will meet your approval,
I have, etc.,
Pendleton King,
Chargé d’Affaires ad interim.
[Inclosure 1 in No. 112.]
Mr. Pringle to Mr.
King.
Consulate-General United States of America,
Constantinople, July 16, 1888.
No. 132.]Sir: I beg leave to inform you that Hercules
Proios, claiming to be an American citizen, has been turned over to me
by the Russian consul-general. The Russian consul-general informs me
that charges will be made against him by the Turkish Government. The
said Proios was arrested the 18th day of last December in Russia and
claims to have been subjected to very cruel treatment at the hands of
the Russian authorities; I would therefore ask that the charges be made
as soon as possible.
I am, etc.,
D. Lynch Pringle,
Consul-General.
[Inclosure 2 in No. 112.]
Mr. King to
Said Pasha.
United
States Legation,
Constantinople, July 17,
1888.
No. 34.]Excellency: I have the honor to inform you that
Hercules Proios, referred to in the note verbale
of the Sublime Porte of 23d ultimo, has been delivered to the
consul-general of the United States, who desires that the charges
against Proios be at once made. I therefore respectfully request you to
have the necessary steps taken for the presentation of the evidence
against said Proios.
Accept, excellency, etc.,
Pendleton King,
Chargé d’Affaires ad
interim.
[Inclosure 3 in No. 112.]
Mr. Pringle to Mr.
King.
Consulate-General of United States of America,
Constantinople, August 4, 1888.
No. 136.]Sir: I beg leave to call your attention to the
fact that Mr. Proios still remains in prison, and that no charges have
been made against him other than those made in the note verbale, copy of which you inclosed me. As regards Mr.
Proios’ citizenship I
[Page 1605]
have
had two interviews with the chief of the bureau of nationality, and I
fail to find the slightest ground upon which the Imperial Government can
claim Proios as an Ottoman subject. This, however, does not affect Mr.
Proios’ liberty, as he certainly can not be kept confined pending any
discussion as to his nationality.
I beg leave, therefore, to notify you that unless specific charges are
made against Mr. Proios in a very short time I shall feel constrained to
set him at liberty. I request you give this matter your immediate
attention.
I am, sir, etc.,
D. Lynch Pringle,
Consul-General.
[Inclosure 4 in No. 112.]
Mr. King to
Said Pasha.
United
States Legation,
Constantinople, August 6,
1888.
No. 35.]Excellency: On the 17th ultimo, in my note No.
34, I had the honor to address you and ask for the production of the
evidence against H. A. Proios.
Mr. Pringle, the consul-general, informs me that it is now eight months
since Proios was arrested and imprisoned, and that according to our laws
he can not continue to retain him, and that in one week from to day he
will consider himself bound to release him unless evidence be brought
against him. I therefore respectfully ask for your immediate attention
to the matter.
Accept, excellency, etc.,
Pendleton King,
Chargé d’Affaires ad
interim.
[Inclosure 5 in No. 112.]
Mr. Pringle to Mr.
King.
Consulate-General of the United States of
America,
Constantinople, August 13,
1888.
No. 138.]Sir: I beg leave to notify you that Mr. Proios
has been in jail for four weeks to-day. You will therefore understand
that I am constrained to release him unless specific charges be
forwarded to me to-day. You mentioned to me verbally that it was your
intention to see the minister of foreign affairs to-day. I will expect
you to send me the charges by this afternoon if they be made, otherwise
the man will be set at liberty to-morrow morning. I received an
unofficial note from the British consul-general informing me that they
thought he was going insane; this, however, I find to be not the case,
but the man’s health is certainly suffering from his confinement.
Hoping it will suit you to give the matter your immediate attention,
I am, sir, etc.,
D. Lynch Pringle,
Consul-General.
[Inclosure 6 in No. 112.]
Mr. King to Mr.
Pringle.
United
States Legation,
Constantinople, August 14,
1888.
No 80.]Sir: In my No. 78 of 9th instant I informed you
of having made two applications to the Sublime Porte for the evidence
against Proios, and on receipt yesterday of your No. 138 of 13th instant
I went in person, as a matter of courtesy to the Ottoman Government, to
see the minister of foreign affairs about it.
I explained to him why Proios can not longer be detained without evidence
against him, but the minister desires him to be delivered to the Turkish
tribunals for trial.
I explained to him that according to the treaty of 1830 he must be tried
by you, and that at your hands he would receive punishment according to
the evidence. But I understood from him that he is not going to bring
before you evidence against Proios, thus admitting the interpretation
which my Government puts upon article 4 of the treaty of 1830.
I have the honor, etc.,
Pendleton King,
Chargé d’Affaires ad
interim.
[Inclosure 7 in No. 112.]
Mr. Pringle to Mr.
King.
Consulate-General of the United States of
America,
Constantinople, August 16,
1888.
No. 140.]Sir: I beg leave to acknowledge your No. 80, of
August 14, in which you inform me that you have seen the minister of
foreign affairs, and that he informed you they would not produce
evidence against Proios, and that he further desired that Proios be
turned over to the Turkish Government for trial. As I do not admit the
right of the Turkish Government to try Mr. Proios, or any other American
citizen, and as Mr. Proios had been in jail over four weeks, I felt it
my duty to discharge him immediately on receipt of your dispatch. Mr.
Proios is bound over on his own recognizance, however, to answer any
charges that may be brought against him hereafter.
I am, sir, etc.,
D. Lynch Pringle,
Consul-General.
[Inclosure 8 in No.
112.—Translation.]
Said Pasha to Mr.
King.
Sublime
Porte,
Ministry of Foreign
Affairs,
August 16,
1888.
Mr. Chargé d’affaires: In answer to the two
notes you kindly wrote to me on the 17th of July and the 6th of August,
Nos. 34 and 35, I must inform you that before presenting the evidence
against Proios the sanitary administration thinks proper to ask him some
questions in an administrative way.
I venture, consequently, to renew the request that the said
administration has already made to the consul-general for the appearance
of Proios before the special commission appointed to that effect.
Accept, etc.,
[Inclosure 9 in No. 112.]
Mr. King to Mr.
Pringle.
United
States Legation,
Constantinople, August 31,
1888.
No. 87.]Sir: In connection with my No. 80 of 14th
instant, I inclose a copy of a note from the Sublime Porte in regard to
the evidence against Proios.
The Porte was informed by me that Proios refused to give information to
the sanitary administration or to any one except on trial, and that you
had no power to enforce him to do so.
The real state of the matter as regarded by the Porte having been given
in my No. 80, of 14th instant, this note is sent to you mostly as a
matter of record.
I have, etc.,
Pendleton King,
Chargé d’Affaires ad
interim.
[Inclosure 10 in No.
112.—Translation.]
Said Pasha to Mr.
King.
Sublime
Porte,
Ministry of Foreign
Affairs,
September 15,
1888.
Mr. Chargé d’affaires: I have the honor to
remind you of my note of the 16th of August last, and to request you to
be kind enough, in conformity to the demand contained therein, to have
Proios appear as soon as possible before the commission charged by the
international council of health to examine his affair.
Accept, etc.,
[Page 1607]
[Inclosure 11 in No. 112.]
Mr. King to
Said Pasha.
United
States Legation,
Constantinople, September 17,
1888.
No. 43.]Excellency: In reply to the two notes of August
15 and 16 instant, which your excellency has sent me in regard to
Proios, I have the honor to say that before I had the interview with you
on August 13 in reference to the presentation of the evidence against
said Proios, a request from certain members of the sanitary office had
already been made to the consul-general of the United States to allow
Proios to be examined by them. The consul-general gave his consent on
condition that he (the consul-general) should be present; to this they
assented. But in presenting the matter to Proios himself he refused, and
yet refuses to submit to any examination whatever by the sanitary
commission, but expressed a perfect readiness to be brought to trial
before the consul-general; but the consul-general has no power to force
Proios to any examination whatever by said commission, but stands ready
to punish Proios according to the evidence presented against him.
In my interview with your excellency on August 13, you asked that he
should be brought before the Turkish tribunals, and gave me to
understand that there was no probability of your presenting the evidence
before the consul-general.
I would again call the attention of your excellency to Article IV of the
treaty of 1830, under which my Government firmly claims the right to
have him and all such cases tried by its own consuls. For the reasons
stated in my note to your excellency, No. 35, of the 6th ultimo, and
more fully in our interview of 13th ultimo (namely, that under our laws
a prisoner can not be detained without evidence, and that said Proios
had already been nearly eight months in prison), no evidence having been
presented against him, the consul-general bound him over in his own
recognizance and released him.
Accept, excellency, etc.,
Pendleton King,
Chargé d’Affaires ad
interim.
