Mr. Hirsch to Mr.
Blaine.
Legation of
the United States,
Constantinople
,
March 18, 1892
.
(Received April 2.)
No. 407.]
Sir: Rev. H. O. Dwight, by letter dated March 14,
1892, copy of which is herewith inclosed (No. 1), informs me of the
arbitrary seizure, in September, 1891, of a house in the village of El
Jenderieh, in the district of Latakia, the property of the Rev. Mr. Eason,
together with the closing of the school which has been kept therein without
interruption for many years. He also informs me of the attempted seizure, in
November last, by order of the same official, the well-known Zea Bey, of a
house in the village of Eldaine, likewise the property of Mr. Eason, and
also for many years used for school purposes. The timely intervention of
Consul Bissinger at Beirut caused a temporary suspension of this order. The
memorandum of the case (inclosure No. 2), as well as the reply of the vali
of Beirut (inclosure No. 3) to the United States consul, show clearly that
there is not a shadow of right or law to mitigate the offense.
It is difficult to conceive that an official of the high rank of
governor-general would, as the vali of Beirut has in this case, permit a man
to be dispossessed of his honestly acquired property without the least
semblance of law, and then calmly refer him to the courts for redress.
I have urged the immediate restitution of the property to Mr. Eason and the
reopening of the closed school, in a note to the Sublime Porte (copy,
inclosure No. 4), as well as in a personal interview with his excellency the
minister of foreign affairs, who promised a prompt investigation.
I have, etc.,
[Inclosure 1 in No. 407.]
Mr. Dwight to Mr.
Hirsch.
Bible
House, Constantinople
,
March 14,
1892
.
Dear Sir: Inclosed I have the honor to hand you
a memorandum of the facts relating to the seizure of school property
belonging to the American missionaries at Latakia and situated in the
villages of that district. The order to seize the property has been
executed in only one of the cases, although notice to quit has been
served [Page 543] on the agent of the
mission in charge of the school at Eldaine also. I also inclose a
translation (with a copy of the Arabic original) of the answer of the
governor-general of Beirut to Mr. Consul Bissinger concerning these
seizures. The vali seems to justify them on two grounds while saying
that he has referred the cases to the department of the interior,
namely: That the schools were opened without permission, and that in the
case of schools in operation, the one during twenty-seven and the other
during twenty-four years, the plea of lack of official authorization is
particularly inadmissible. Nor is it needful to point out the illegality
of ousting the actual owner without process of law because it is alleged
that his title is defective.
The sixty-second article of the treaty of Berlin provides that the right
of official protection by the diplomatic and consular agents of the
powers may be extended both to the persons of ecclesiastics, pilgrims,
and monks of all nationalities and to their religious, charitable, and
other establishments. This effectually bars any claim on the part of the
Ottoman Government that this case is one for it to settle as being a
real-estate question. Hence I hope that you may see fit to request of
the Porte the immediate restoration of the property in the village of El
Jenderieh to Mr. Easson, and the formal order to the governor of Latakia
to refrain from executing his order in reference to the property in the
village of Eldaine. After this is done of course the courts are the
proper place for any claimants to have the title tested. But it appears
to me that the sense of justice of the Ottoman Government should lead it
to reprimand the governor of Latakia for assuming arbitrarily to drive
out the American owner and to place him in the position of a plaintiff
before the courts.
Very respectfully, yours,
[Inclosure 2 in No. 407.]
Memorandum concerning the seizure of American
mission buildings in the district of Latakia, province of
Beirut.
In the year 1865 the missionaries of the American Reformed Presbyterian
Church established a school in the village of Jenderieh, 7 miles from
Latakia, at first renting a house for the purpose, then occupying a
house furnished by the village authorities, and finally, in 1883,
purchasing for the school a ruined house, which they put in repair. The
deed, of sale was such as in use in the region, the owner giving to Mr.
Easson a document transferring the title to him. This document was
written by the ogha for whom, the owners worked, and was signed by the
two muhtars of the village and by the two witnesses. In September of
last year the mutessarif of Latakai, Zia Bey, sent for the former owners
of this property and directed them to make out a claim for the property
as having been seized by the Americans. This the men did, it is said, in
return for a promise that they would be exempted from military service
if they did so. The mutessarif then, without notifying the American
owners and without having even the form of a trial, sent orders to the
village to take the property from Mr. Easson’s agent, the native teacher
in charge of the building, and to restore it to the former owners. This
was done, although during all these eight years no claim has ever been
advanced of dispute to the title.
In the year 1868 the same missionaries established a school in the
village of Eldaine, in the karza of Sahyun (district of Latakia). Two
years later they bought land and built a schoolhouse (1870). This was
held at first in the name of the teacher, an Ottoman subject, but on the
acceptance of the land-tenure protocol by the United States Government
it was transferred to the name of Mr. Easson and his associates, the new
deed being dated 1877. An upper room and a stable were added to the
house in 1884 for the personal use of the missionaries. The kaima kam of
the district and other government officials have always been guests at
this house on their visits to the village, and the school has been
repeatedly commended by the various governors during the twenty-four
years of its existence. On the 2d of November, 1891, the mutessarif of
Latakia sent an officer to this village to take this property from the
hands of the teacher, who, as Mr. Easson’s agent, has charge of the
school and to give it over into the hands of the representatives of the
former owners. The officer gave the teacher ten days in which to move
out of the house, and this gave time for Mr. Easson to appeal to Consul
Bissinger, of Beirut. Thanks to this intervention the execution of the
order was temporarily suspended, but the order from Constantinople to
dispossess the Americans is expected by the governor.
[Page 544]
[Inclosure 3 in No.
407.—Translation.]
Ismail to Mr.
Bissinger.
Beirut
,
February —,
1892
.
Dear Friend: Some time ago the American; Mr.
Easson, presented to the office of the governor-general petitions in
which he said that the mutessarif of Latakia had taken from him and
given hack to the former owners a house which he had bought and repaired
in the year 1299 in the village of Eljezarieb, dependent on the liva of
Latakia, and also a house which he had owned for twenty years or more in
the village of Eldeyne to the kaza of Seyhun, concerning which he
desired to have the necessary steps taken.
Upon reference to the correspondence in this case, it became apparent
that the question has two branches: First, that the petitioner had at
the beginning ventured to open a school for Mussulman children without
official permission, and, second, that it is a question of ownership and
title.
In regard to the first point, it is absolutely essential that the
petitioner, in accordance with law and usage, apply to the Ottoman
Government for permission to found and open a school. For the settlement
of the second point it is necessary that the petitioner open suit in the
local courts against the owners of the land and obtain a judgment
against them.
The mutessarif has asked us to take necessary steps in the matter and we
have referred the question to the department of the interior.
Accept the assurances, etc.,
Ismail Kemal,
Vali of Beirut.
[Inclosure 4 in No. 407.]
Mr. Hirsch to
Said Pacha.
Legation of the United States,
Constantinople
,
March 17,
1892
.
No. 92.]
Excellency: I have the honor to inform your
excellency of the following state of facts:
In September last the mutessarif of Latakia, Zia Bey, without any legal
proceedings whatsoever, seized the property of the American citizen,
Henry Easson, in the village of El Jezarieh, 7 miles distant from
Latakia, which had been bought many years ago and for which the owners
gave Mr. Easson a document transferring the title, which document was
also signed by two mouktars of the village and two other witnesses.
Ever since its purchase by Mr. Easson the house in question has been used
for a school which had existed in the village, but in another building,
ever since the year 1865.
The seizure of the house without any legal proceedings whatever was a
flagrant violation of the law, while the closing of the school, which
had been in existence for twenty-six years, in defiance of the vizierial
order of 1889, which guaranteed to American schools which had complied
with article 1219 of the law of 1869 immunity from molestation, is an
infringement on the clearly defined rights of Americans, which calls for
reparation.
Not satisfied with this illegal deed, the same mutessarif of Latakia sent
an officer on the 2d of November, 1891, to the village of Eldeyne, with
an order to seize the property there of the American citizen Easson,
which he had bought many years ago and for which he has a good and valid
title in his own name, and in which ever since its purchase a school has
been taught uninterruptedly, which has often been commended by the
various governors visiting it. This order of seizure and closing of the
school has been temporarily suspended through the intervention of the
American consul in. Beirut.
His excellency the vali of Beirut, who was applied to in this matter, in
his answer to the American consul, says: “Upon reference to the
correspondence in this case, it became apparent that the question has
two branches: First, that the petitioner had in the beginning ventured
to open a school for Mussulman children without official permission, and
second, that it is a question of ownership and title. In regard to the
first point, it is absolutely essential that the petitioner, in
accordance with law and usage, apply to the Ottoman Government for
permission to found and open a school. For the settlement of the second
point it is necessary that the petitioner open suit in the local courts
against the owners of the land and obtain a judgment against them.”
[Page 545]
It is to be regretted that the vali of Beirut should ignore the rights
conferred by his Government on American citizens by the protocol on real
estate, as well as the further rights and immunities from molestation
guaranteed to American schools by the vizierial order of 1889, which
plainly instructs the officials in the provinces to refer to
Constantinople any case in which the closing of a school is in
question.
It is a fortunate circumstance, Indeed, for my countrymen in Turkey that
among His Majesty’s servants in the provinces there are not many who
would be guilty of such a flagrant violation of law as to seize without
even the least semblance of right the property of an American citizen
held undisputed for over twenty years, and then refer him for redress to
the courts.
In view of the foregoing I request the Sublime Porte to issue a clear and
categorical order to the vali of Beirut for the immediate restitution to
its American owner of the property here mentioned, and for the reopening
of the closed schools. If then there are any claimants to the property,
let them have recourse to the courts.
Permit me to take the opportunity to reiterate to your excellency the
assurances of my distinguished consideration.
