Mr. Hirsch to Mr. Blaine.

No. 99.]

Sir: The case of two American citizens, Moses Angel and Shalom Kanstoroom, residents of Jerusalem, who have been subjected to illegal arrest and unnecessarily severe treatment by Turkish soldiers, has been reported to this legation by United States Consul Gillman, through Consul General Sweeny, a copy of which I inclose.

The arrest was caused by the refusal of the above-mentioned Angel and Kanstoroom to pay the taxes on real estate demanded, of which they claimed to owe only a part.

The law for the collection of delinquent taxes on real property is plain and in no case contemplates personal arrest.

[Page 746]

As soon as possible after receiving the information I addressed a note to the Sublime Porte, a copy of which is herewith inclosed, giving a detailed history of the ease, asking for proper reparation and the issuing of orders which would prevent like occurrences in the future. Immediately afterwards I called on the Grand Vizier in order to bring the matter to his personal attention. He promised an immediate investigation and has since shown me a telegraphic report from the governor of Jerusalem, in which that official claims that the arrest was made in consequence of abusive language and threatened violence on the part of Angel, and furthermore claims that he furnished the 8 napoleons for the payment of Angel’s taxes upon the latter’s request and promise that they should be returned on the following day, in which latter statement he claims to be supported by the dragoman of our consulate.

In view of the conflicting statements, I have called on the consul-general for a further report in the case.

I have, etc.,

Solomon Hirsch.
[Inclosure 1 in No. 99.]

Mr. Gillman to Rechad Pasha.

Excellency: I have the honor once more to bring to your notice the cases of Messrs. Moses Angel and Shalom Kanstoroom, citizens of the United States, that you may be under no misapprehension in the matter.

On the 21st instant, Kalil Lorenzo, tax collector of this city, called at the said Angel’s house in Jerusalem, accompanied by three soldiers, and made a demand on him of 2½ years’ taxes, which they alleged to be due on his house. Mr. Angel refusing to pay the exorbitant sum, stating that they could lawfully claim but 1 year’s tax (of which he has full proof) and which he was ready and willing to pay, they attempted to forcibly enter his house. He, dreading their violent behavior, closed and fastened his door against them, when they forthwith proceeded to batter it in. But on his threatening them, they finally concluded to leave, after using insulting language towards the consulate.

Mr. Angel, having complained of this treatment to me, was, early in the afternoon of the same day, proceeding about his business in the street, when he was violently seized by the three aforesaid soldiers, without warrant or other legal process, and, in spite of his protest and such slight resistance as he could offer, was made prisoner by them, they dragging him with much brutal treatment to the court-house, in which also is the prison. On the way and while he entreated to be taken before his consul they repeatedly struck and beat him, and otherwise maltreated him, wounding him in the leg so that he was in a fainting condition, and he considers his life would have been sacrificed had not the interpreter and guard of the United States consulate arrived upon the scene and protested against the outrage, requesting his release. The soldiers, however, defying these United States officials, still held their prisoner, and carried him, with our interpreter and guard, to the court-house. I have expected that, disapproving the outrage, you would take such action as the circumstances demand, preventing their recurrence, not only from the justice of such a course, but from the fact that on the matter being brought to your knowledge you at once ordered Mr. Angel’s release and paid from your own pocket 2 years’ taxes on Angel’s account, amounting to 8 napoleons. And, further, on a full representation of the facts by me through our interpreter On the evening of the same day (21st instant) you asked what satisfaction would be required by the consulate, and stated you would the next day give it full consideration. What was my surprise, therefore, to find that on the 25th instant Shalom Kanstoroom, another citizen of the United States, was arrested in the street by three of the military, through the order of the said Kalil Lorenzo, under similar circumstances, without any warrant, writ, or other process of law; the charge against Kanstoroom being his owing 2 years’ taxes on his house.

On since bringing this with the former case before you, you have not only failed to repudiate the acts complained of, but, changing from the attitude you had at first adopted, you have justified them. Notwithstanding, on account of the very friendly [Page 747] relations which have hitherto always existed between the local government in Jerusalem and our consulate, I again request you, will you kindly give the above-mentioned incidents your reconsideration.

Our citizens protest that their lives are not safe under an administration of the Government which permits the military to be employed for the arrest and maltreatment of citizens of the United States, and that by a subordinate official and civilian, without due process of law and contrary to our treaty and the direct commands of His Imperial Majesty the Sultan, a worse condition than if we were in a state of insurrection, and the like of which has been hitherto unknown in the modern government of Jerusalem.

It is unnecessary for me to indicate what everyone knows, that the law remains open, in the case of the defaulting taxpayer, to levy upon his property for the collection of the tax. There is therefore no reason, necessity, nor law for resorting to acts of violence.

I have constantly impressed upon our citizens the duty of a strict obedience to the laws of His Imperialy Majesty the Sultan, and have ever been prompt in correcting any wrong doing on their part. The friendly feelings which have always actuated me in my dealings with the local government, inspire the hope that they will be met in alike spirit, proving sufficient for the amicable adjustment of the incidents complained of.

Requesting a reply at your earliest convenience,

I take the opportunity, etc.,

Henry Gillman,
Consul.
[Inclosure 2 in No. 99.]

Rechad Pasha to Mr. Gillman.

Bey: I have the honor to acknowledge the receipt of your dispatch dated the 28th November, 1889, which states the complaints of Moses Angel and Shalom Kanstoroom, citizens of the United States, as to the bad treatment they have received from the collector of taxes, for not paying their indebtedness to the Government.

As the said Moses Angel did not pay the taxes for 2 years due on his house, the collector of taxes often requested him to pay the said taxes without result to the demands. They went to his house and they asked him for the same; he again refused to pay them, and using bad language towards them; they finally left the house. Shortly after when they met him in the street they again politely asked him to pay his taxes; he refused to pay and they brought him to the court-house.

Presently the dragoman of your consulate came to me and has been informed of Angel’s act.

Shalom Kanstoroom is also indebted for 2 year’s taxes on his house, which he has been notified to pay, but I find after inquiry no compulsion has been used toward him.

Though the said Angel’s act obliged his arrest, yet for the easing of the matter and at the request of the dragoman, he has been delivered to him on condition the case should afterwards be decided in the legal tribunal; at the same time 8 napoleons were given to the dragoman to be paid on Anger’s account and to be returned to me the next day; though till now have not been returned.

And as at that time the beating and wounding of Angel had not been complained of by your dragoman, neither by Angel, therefore complaining of such things now, perhaps may be for relieving himself (Angel) of censure.

And as all the foreign citizens pay their taxes without any refusal, causing no trouble, the occurrences through the aforesaid Angel are the occasion of the regard; as will be teen when the shape of the case is known as it occurred, and not as it has been reported to you. But I have shown you my desire in this matter through the dragoman of the Government.

I now come to the expression in your letter, which I read with much surprise, stating that a worse condition exists than if we were in a state of insurrection, and the like of which has been hitherto unknown in the modern government of Jerusalem.

I find no meaning for this expression, therefore I will return it; and I request you to order your citizens to no longer refuse to pay their taxes to the Government when requested.

I take the opportunity, etc.,

Mohammed Rechad,
Governor of Jerusalem.
[Page 748]
[Inclosure 3 in No. 99.]

Mr. Gillman to Rechad Pasha.

Excellency: I have the honor to acknowledge the receipt of your No. 252, dated the 16th of November, 1305 (1889), inclosing two bills of summons in Moses Angel’s name requiring him to appear at the court of instruction. As this demand is contrary to our treaty and the direct commands of His Imperial Majesty, the Sultan, I am obliged to return the bills of summons sent in Angel’s name, and at the same time I inform you that the consular court is always open for hearing and judging any case against an American citizen. I request that you communicate this to whom it concerns.

I take this opportunity, etc.,

Henry Gillman,
Consul.
[Inclosure 4 in No. 99.]

Mr. Gillman to Rechad Pasha.

Excellency: I have the honor to acknowledge the receipt of your letter of the 12th instant, in reply to mine of the 28th November last, and having reference to the cases of Moses Angel and Shalom Kanstoroom.

After your assurance of regret at the arrest of those citizens of the United States and the maltreatment of one of them, conveyed to me by your dragoman, Bichara Effendi on the 7th and 9th instant, together with your statement that you had given strict orders to prevent the recurrence of such conduct, and that you had punished the soldiers concerned in it, I confine myself simply to expressing my extreme surprise that you now should have adopted your present attitude in the matter.

I take the opportunity, etc.,

Henry Gillman,
Consul.
[Inclosure 5 in No. 99.]

Affidavit of Moses Angel.

I, Moses Angel, of Jerusalem, a citizen of the United States, in the province of Palestine, Turkish dominion, do solemnly swear and declare as follows:

That on the 21st of November, 1889, Kalil Lorenzo, the Turkish tax collector, came to my house with soldiers and opened my door with force and demanded taxes for two years and a half, or if not paid he would arrest me.

I respectfully refused it, and I claimed that there was only 1 year’s taxes due, and I shut the door and bolted it. But, as he was trying to force it open, I opened, my window and told him to go to my consul, and that I would see him there, but he said that he did not care for my consul. I then told him that if he would try to break my door I would shoot through it. So he left my house threatening to arrest me in the street. I then went direct to your office and laid my complaint before you. And as I was leaving your office on my way home I was attacked by the same man with three soldiers nearly before the United States consulate, and I was brutally assaulted without any provocation, and was forcibly dragged by my neck, without any mercy, through the public thoroughfare in Jerusalem, and I was hastened and beaten about a quarter of a mile. When they turned down the dark butcher street I was beaten again, and as I was fainting against the wall I was wounded by one of the soldiers in the leg—the wound which you saw at the time, and as I have explained to you in my petition of the 21st of November. At the same time a Turkish officer caught hold of my arm and dragged me away from the wall. Just then I saw your dragoman and cavass come up. Your dragoman and cavass laid their hands upon me and told the soldiers to leave me alone, and that they had no right to arrest me. And I solemnly believe my life would have been sacrificed had not the United States interpreter and guard interfered. The soldiers replied that they must take me to the Turkish court. So your dragoman and cavass were obliged to go with me to the Turkish court, against their will. And when [Page 749] we came there your dragoman went in to the pasha, and after staying with the pasha about an hour’s time he brought out to me 8 napoleons, and told me the pasha had given me the 8 napoleons to pay my taxes, but I at once refused it and protested against it. But, in spite of me, it was paid to the tax collector. I again protested against paying it for two reasons: for one reason, the money is not mine, it belongs to the pasha; and the second, I do not owe the amount they claim, and I can afford to pay the taxes myself. So, dear sir, this is my affidavit; and I claim of the Turkish Government a compensation for my disgrace and assault; for unlawfully arresting me, and the injustice done me by the Turkish Government, to the amount of ($5,000).

Moses Angel.

Affidavit of Shalom Kanstoroom.

I, Shalom Kanstoroom, at Jerusalem, citizen of the United States, in the province of Palestine, Turkish dominions, do solemnly swear and declare that on the morning of the 20th of November 1889, I was at Mr. Angel’s house when the Turkish tax collector came with a book in his hand and claimed 2½ years’ taxes. Mr. Angel refused to pay it on the ground that he did not owe so much money, and he said: “If you will not pay it I will come here to-morrow morning with soldiers and lock you up. I will not go to your consul.” And the next morning I was at Mr. Angel’s house when he came again with soldiers and forced open the door. And after Mr. Angel closed it he tried to break it open and afterwards went away threatening to arrest him in the street.

Shalom Kanstoroom.

United States Consulate,
Jerusalem, January 2, 1890.

I, Henry Gillman, consul of the United States at Jerusalem, do hereby certify that the signature of Shalom Kanstoroom is his true and genuine signature, made and acknowledged in my presence, and that the said Shalom Kanstoroom is personally known to me.

In witness whereof, I have hereunto set my hand and affixed the seal of the consulate at Jerusalem this day and year next above written and of the independence of the United States the one hundred and fourteenth.

[l. s.]
Henry Gillman,
Consul.

Affidavit of Moses Baruch.

I, Moses Baruch, of Jerusalem, in the province of Palestine, Turkish dominions, do solemnly swear and declare that on the 21st of November, 1889, I saw Mr. Angel being brutally and forcibly dragged through the public street by Turkish soldiers, and the Turkish tax collector was walking behind them.

Moses Baruch.

United States Consulate,
Jerusalem, January 2, 1890.

I, Henry Gillman, consul of the United States, do hereby certify that the signature of Moses Baruch is his true and genuine signature, made and acknowledged in my presence, and that the said Moses Baruch is personally known to me.

In witness whereof, I have hereunto set my hand and affixed the seal of the consulate at Jerusalem this day and year next above written and of the independence of the United States the one hundred and fourteenth.

[l. s.]
Henry Gillman,
Consul.

Affidavit of H. L. Friedman.

I, Hirch Leib Friedman, of Jerusalem, American citizen, in the province of Palestine, Turkish dominions, do solemnly swear and declare that on the 21st of November, 1889, as I was standing before my door, I saw Mr. Angel being dragged and hastened past by Turkish soldiers. I also saw the Turkish tax collector strike Mr. Angel on the neck and tell him to hurry on.

H. L. Friedman.

[Page 750]

United States Consulate,
Jerusalem, January 2, 1890.

I, Henry Gillman, consul of the United States at Jerusalem, do hereby certify that the signature of Hirch Leib Friedman is his true and genuine signature, made and acknowledged in my presence, and that the said Hirch Leib Friedman is personally known to me.

In witness whereof, I have hereunto set my hand and affixed the seal of the consulate at Jerusalem this day and year next above written and of the independence of the United States the one hundred and fourteenth.

[l. s.]
Henry Gillman,
Consul.

Affidavit of Macus Scharagie.

I, Macus Scharagie, at Jerusalem, in the province of Palestine, Turkish dominions, do solemnly swear and declare that on November 21, 1889, I saw a Turkish soldier dragging Mr. Angel and holding him with one hand at the back of the neck and with the other hand he was holding Mr. Angel by the side, and as he was pushing him along he knocked Mr. Angel’s head against my cheek and knocked one of my teeth out, as I was passing along. And as I was walking on I saw the American dragoman and cavass coming after them.

Macus Scharagie.

United States Consulate,
Jerusalem, January 2, 1890.

I, Henry Gillman, consul of the United States at Jerusalem, do hereby certify that the signature of Macus Scharagie is his true and genuine signature, made and acknowledged in my presence, and that the said Macus Scharagie is personally known to me.

In witness whereof, I have hereunto set my hand and affixed the seal of the consulate at Jerusalem this day and year next above written and of the independence of the United States one hundred and fourteenth.

[l. s.]
Henry Gillman,
Consul.

Affidavit of Yeheal Hafus.

I, Yeheal Hafus, of Jerusalem, in the province of Palestine, Turkish dominions, do solemnly affirm and declare that on the 21st of November, 1889, I saw Mr. Angel being brutally and forcibly dragged through the public street by Turkish soldiers, and the Turkish tax collector was walking behind them.

Yeheal Hafus.

United States Consulate,
Jerusalem, January 2, 1890.

I, Henry Gillman, consul of the United States at Jerusalem, do hereby certify that the signature of Yeheal Hafus is his true and genuine signature, made and acknowledged in my presence, and that the said Yeheal Hafus is personally known to me.

In witness whereof, I have hereunto set my hand and affixed the seal of the consulate at Jerusalem this day and year next above written and of the independence of the United States the one hundred and fourteenth.

[l. s.]
Henry Gillman,
Consul.

Affidavit of Shalom Kanstoroom.

I, Shalom Kanstoroom, of Jerusalem, United States citizen, in the province of Palestine, Turkishd ominions, do solemnly swear and declare that on the 25th of November, 1889, I was attacked by the Turkish tax collector inside the Jaffa gate, and was forcibly arrested by the collector and his soldiers. When I was as far as nearly half the way, I was met by the American dragoman and cavass; then I was left off. So I demand damage for the unlawful arrest and injustice done to me in the open thoroughfare in Jerusalem to the amount of $5,000.

Shalom Kanstoroom.
[Page 751]

Affidavit of Moses Vazitezki.

I, Moses Vazitezki, a Turkish citizen, of Jerusalem, in the province of Palestine, Turkish dominions, do solemnly swear and declare that on the 25th of November, 1889, I saw Shalom Kanstoroom being forcibly arrested by the Turkish tax collector and three Turkish soldiers. One of them held him by his hand and the other pushed him at the back.

Moses Vazitezki.

United States Consulate,
Jerusalem, January 2, 1890.

I, Henry Gillman, consul of the United States at Jerusalem, do hereby certify that the signature of Moses Vazitezki is his true and genuine signature, made and acknowledged in my presence, and that the said Moses Vazitezki is personally known to me.

In witness whereof, I have hereunto set my hand and affixed the seal of the consulate at Jerusalem this day and year next above written and of the independence of the United States the one hundred and fourteenth.

[l. s.]
Henry Gillman,
Consul.

Affidavit of Mozdeci Eberstein.

I, Mozdeci Eberstein, Turkish citizen of Jerusalem, in the province of Palestine, Turkish dominions, do solemnly swear and declare that on the 25th day of November, 1889, I saw Shalom Kanstoroom being forcibly arrested by the Turkish tax collector and three Turkish soldiers. One of them held him by his hand and another pushed him at the back.

Mozdeci Eberstein.

United States Consulate,
Jerusalem, January 2, 1890.

I, Henry Gillman, consul of the United States at Jerusalem, do hereby certify that the signature of Mozdeci Eberstein is his true and genuine signature, made and acknowledged in my presence, and that the said Mozdeci Eberstein is personally known to me.

In witness whereof, I have hereunto set my hand and affixed the seal of the consulate of Jerusalem this day and year next above written and of the independence of the United States the one hundred and fourteenth.

[l. s.]
Henry Gillman,
Consul.

Affidavit of Hirsh Kanstoroom.

I, Hirsh Kanstoroom, of Jerusalem, in the province of Palestine, Turkish dominions, do solemnly swear and declare that on the 25th of November, 1889, I saw Shalom Kanstoroom being forcibly arrested by the Turkish tax collector and three Turkish soldiers. One of them held him by his hand and another pushed him at the back.

H. Kanstoroom.

United States Consulate,
Jerusalem, January 2, 1890.

I, Henry Gillman, consul of the United States at Jerusalem, do hereby certify, that the signature of Hirsh Kanstoroom is his true and genuine signature, made and acknowledged in my presence, and that the said Hirsh Kanstoroom is personally known to me.

In witness whereof, I have hereunto set my hand and affixed the seal of the consulate at Jerusalem, this day and year next above written, and of the independence of the United States the one hundred and fourteenth.

[l. s.]
Henry Gillman,
Consul.
[Page 752]
[Inclosure 6 in No. 99.]

Mr. Hirsch to Said Pasha.

No. 27.]

Mr. Minister: I have the honor to bring to the attention of the Sublime Porte the cases of two American citizens residing in Jerusalem who were arrested without any warrant by Turkish soldiers, dragged through the public streets, beaten, and otherwise maltreated and wounded on the way, and finally forced to the court and prison house.

The particulars of this lamentable affair have been reported to me by the United States consul at Jerusalem, through the United States consul general at this place, and show a great disregard of treaty rights, which I do not doubt will be promptly corrected by Your Excellency.

On the 21st of November, 1889, Kalil Lorenzo, tax collector of Jerusalem, called at the house of Moses Angel, accompanied by three soldiers, and demanded the payment of 2½ years’ taxes which were claimed as being due on his house. Angel refused to pay the amount claimed, stating that they could lawfully claim but 1 year’s tax (of which he claims to have full proof), which he was ready to pay; upon which they attempted to forcibly enter his house, when, fearing violence, he closed and fastened his door, which they endeavored to break down. Upon his threatening them and referring them to the United States consul, they finally left, after using insulting language toward the United States consulate.

Angel, after complaining to the United States consul of the treatment received at the hands of the Turkish officials, early in the afternoon of the same day, while walking peaceably along the street, was violently seized by the same three soldiers without any warrant or other legal process, and, notwithstanding his protest, as well as such slight resistance as he could offer, was arrested by them and dragged to the court and prison house. Instead of being taken before his consul, as he requested while being dragged along, he was repeatedly struck and beaten and otherwise maltreated and wounded in the leg, and was in a fainting condition, with his life seemingly in danger, when the interpreter and guard of the United States consul appeared on the scene protesting against the outrage and demanding his release.

In defiance, however, of the United States officials, the prisoner was taken to the court and prison house, together with the United States interpreter and guard.

His Excellency Rechad Pasha, governor of Palestine, after hearing an account of the affair, immediately ordered the release of Angel, and himself paid for Angel 8 napoleons for 2 years’ taxes, and on the evening of the same day, after a full and complete statement by the United States consul, His Excellency asked the consul what satisfaction would be required, promising to give the matter his full consideration the following day.

But instead of any action on the part of His Excellency in the above-mentioned case, 4 days afterwards, on November 25, a similar outrage was perpetrated on another American citizen, Shalom Kanstoroom, who was arrested on the street by three soldiers on the order of the same official, Kalil Lorenzo, under similar circumstances, without warrant, writ, or other process of law, on the charge of owing 2 years’ taxes on his house.

The Turkish law provides a way in which taxes are to be collected from delinquents. It does not appear that the provisions of it were followed in these cases, but in their place brutal force was invoked.

I do not doubt that the authorities of the Ottoman Empire will admit that the proceedings were illegal; that the treatment was not justified by the circumstances; and that they will be willing to make proper reparation and so instruct the provincial authorities as to prevent recurrences of the offense.

Accept, etc.,

Solomon Hirsch.
  1. The real date is 12 days later than the day, and the year is 584 years behind.