Mr. King to Mr.
Blaine.
Legation of
the United States,
Constantinople
,
October 12, 1889.
(Received November 4.)
No. 33.]
Sir: I inclose for your consideration a copy (in
translation) of a note-verbale received in February last from the Sublime
Porte, regarding the military service of cavasses and dragomans employed by
foreign consulates. (See Legislation Ottomane, Vol. IV, page 16.)
No reply was made to the Sublime Porte, as this matter was to be considered
in union with the other legations and embassies. The matter has received
attention, and it has been admitted that the cavasses and dragomans are
liable to this service; but there is ambiguity in the text of the
regulation, and in my reply I have thought it well to make the reservation
seen in the parenthesis.
I inclose a copy of my proposed reply, which, if it meet your approval, I
will send to the Porte.
I have based it on the note verbale sent by the British embassy, but made it
shorter and simpler without omitting (I think) any essential point.
I have, etc.,
[Inclosure 1 in No.
33.-Translation.]
The Sublime Porte to Mr.
Straus
.
[Circular note-verbale.]
Ministry of Foreign Affairs
,
February 3, 1889.
As Article V of the regulation relating to the foreign consulates leads
sometimes to erroneous interpretations, the ministry of foreign affairs
has the honor to beg of the legation of the United States of America
kindly to inform the agents placed under its jurisdiction that the
period of rive years contemplated in that article having expired since
the 23d of Safer, 1285, any Mussulman, dragoman, or cavass, whose
character of privileged employé has been recognized by the local
authorities after the above-mentioned date, is bound to take up his
military service if his name has been drawn.
As to the Christian employé, a distinction being made in practice between
them and the Mussulman employés, the exoneration tax must be collected
from the former on the same ground that the latter are subject to the
conscription. But these two different applications of the law arise from
an identical principle, and are equally obligatory.
[Inclosure 2 in No. 33.]
Proposed note-verbale from legation of the United States to Sublime Porte.
In reply to the note-verbal of the Sublime Porte of February 3, 1889,
concerning the military service of cavasses and dragomans employed in
foreign consulates, the legation of the United States (omitting for the
present the discussion of the difference [Page 725] existing between the Turkish and the French texts
of Article V of the regulation) accepts the interpretation of the
Turkish texts of this article as far as regards the cavasses and
dragomans employed by the American consulates of this Empire.
It consents in like manner to instruct the privileged employés of these
consulates to pay the taxes for exemption from military service.
But the legation of the United States respectfully requests, as a matter
of courtesy, the Sublime Porte to dispense with the service as redifs of the cavasses and dragomans employed at
the present moment by the American consulates.
[Inclosure 3 in No. 33.]
Note-verbale from British
embassy to Sublime
Porte.
On the 3d of February last the Sublime Porte was good enough to address a
note-verbale, No. 9, circular to Her Majesty’s embassy on the subject of
the liability of dragomans or cavasses employed by foreign embassies and
consulates in Turkey to military service.
A careful study of this question has enabled Her Majesty’s embassy to
establish that the French text of article 5 of the Turkish regulation of
1883, which decides the point in question, does not agree with the
Turkish text of the same article.
The latter text establishes, it is true, that during a period of five
years from the date of the regulation the cavasses employed by the
consuls should be exempt from military service in the “Redifs,” while
according to the French text this exemption would appear to have a
general character, no limit of time being fixed for those who benefit by
it.
Consequently, as Her Majesty’s embassy can not accept a regulation
entailing upon it any obligation whatever, except when thoroughly
acquainted with the import of the regulation in question, it is evident
that in the case in point it is the French text of the article above
mentioned alone which could have been binding upon it.
However, Her Majesty’s embassy is not unwilling to accept the
interpretation of the Turkish text of the said article as far as regards
the cavasses in the employ of the British consulates in the Empire. It
consents in like manner to instruct the privileged employés of these
consulates to pay the taxes for exemption from military service.
But Her Majesty’s embassy does not doubt that in return for this
concession the Sublime Porte wilt be good enough as a matter of courtesy
to dispense with the service as redifs of the cavasses employed at the
present moment by Her Majesty’s embassy or by the consulates depending
upon it.
Further, in order to prevent all difficulties and misunderstandings with
the local authorities, the vali of a province should, when the
appointment of a cavass is notified to him, be bound to inform the
consulate interested, officially, of the exact position of the said
cavass as regards his military service.
Her Majesty’s embassy would therefore be much obliged if the Sublime
Porte would be so good as to send the necessary instructions to the
authorities concerned, in order that this formality may be carefully
carried out should occasion arise.
