Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President, Transmitted to Congress, December 4, 1893

Mr. Sperry to Mr. Foster.

Legation of the United States,
Teheran, Persia, February 27, 1893. (Received April 5.)

No. 20.]

Sir: I have the honor to report, in continuation of my No. 18, that Hajie Seyyah is still at this legation.

Within a few hours after the departure of the last mail I received a communication from the Sadr-azem, or Persian prime minister, in regard to the business of Hajie Seyyah. The original of this note, together with a translation, is sent with this dispatch. The clause of the seventh article referred to is that which provides that “the diplomatic agent or consuls of the United States shall not protect, secretly or publicly, the subjects of the Persian Government,” etc. It remains to be seen whether or not Hajie Seyyah is a subject of the Persian Government. In regard to the “misdemeanors and infringements of the laws (Persian)” charged against Hajie Seyyah, I have to say that these misdemeanors, etc., are political; that they have been expiated by a long imprisonment, as stated; that the Persian Government voluntarily released Hajie Seyyah from prison before this question of citizenship arose, and that I have received verbal assurances the most emphatic from the private secretary, or Moandes-el-mamalek, of the prime minister that Hajie Seyyah has in no wise transgressed against the local laws or public peace of Persia since his release from prison. It will be observed that the doctrine of once a subject always a subject is the basis of the prime minister’s note.

In pursuance of the note of the Sadr-azem, private secretary, the Moandes-el-mamalek, called to see me. Instead of bringing the treaty of Turkoman Chai with him, he brought a citation which he said was from that treaty, and also a citation from the treaty between the United States and Persia, this latter being the same clause which I have already mentioned. These citations, with translations, are inclosed herewith. The net result of this interview was that the Persian Government denies absolutely that Hajie Seyyah is a citizen of the United States; that it will give no assurance of his peace and security (assuming that in every respect he obeys the local law meanwhile) until this question of his national status can be considered and adjusted; that it does not charge him with any new offenses, and that the full text of the treaty upon which the Persian Government relies for its contention is to be brought to this legation to-morrow Morning by the Moandesz el-mamalek for our joint examination. This interview was held on Friday, 24th February. Through the whole of it the Moandes-el-mamalek referred repeatedly to the treaty of Turkoman Chai as the basis of and authority for the Persian view. Yesterday (Sunday, 26th February) a note was received from the Moandes-el-mamalek by Mr. John Tyler, the interpreter of this legation, saying that the basis of the Persian contention is not the treaty of Turkoman Chai, but another and a later treaty. A translation of this note is sent herewith. During this interview I stated that I did not assert that Hajie Seyyah is a citizen of the United States, but merely that I was bound by the seal of the United States court to regard him as a possible citizen of the United States until I could receive from the Department of State at Washington a definite and authoritative statement in regard to his national status. All I asked for was that this question might remain open until I could receive instructions from the Secretary of State. The Moan des-el-mamalek said that no assurances whatever of an official character could be given in regard to the treatment of Hajie Seyyah during this intermediate period, because to do so would be to concede that Hajie Seyyah is a citizen of the United States. Personally he believed that no harm would come to him. I may add that the Moandes-el-mamalek knows Hajie Seyyah well; that he has always been friendly toward him, and that he took part in having Hajie Seyyah released from prison, The Moandes-el mamalek said that he knew nothing of the request made by the Naib-es-sultanneh for Hajie Seyyah to come and see him.

Hajie Seyyah states that he informed the Zill-es-sultan (the oldest son of the Shah, but not the heir apparent) ten years ago said that he (Hajie Seyyah) was a citizen of the United States. Hajie Seyyah concedes that this can not be proved, because he thinks that the Zill-es-sultan would not now acknowledge to have heard or to remember such a statement. Hajie Seyyah declares that he desires no damages for his imprisonment or for other injuries. He says that all he wishes is to be permitted to leave Persia in peace and safety. He says that he desires to go to Constantinople.

I have arranged so that Hajie Seyyah is technically my servant. He will be paid wages and I shall take receipts from him. I hope that the Department will send me instructions at the earliest moment and in the promptest manner possible.

I have, etc.,

Watson R. Sperry.

[Inclosure 1 in No. 20—Translation.]

The Prime Minister to Mr. Sperry.

Your Excellency and Kind Friend: The meaning of your excellency’s communication of the 25th of Rajah, A. H. 1310, with reference to the matter of the national character of Hajie Seyyah of the town of Mahallat has been understood.

As I have already informed your excellency, by messenger, that when anyone wants to change his nationality, according to the most important rule of the universal law, he shall first obtain the consent of his own Government; and so long as that permission is not granted he can not under any circumstances change the character of his nationality.

As you requested to see the provisions of the treaty between the governments of Persia and Russia, a copy shall be sent for your information. A copy shall be sent through the Moandes-el-Mamalek (Government Engineer) to your excellency.

According to the aforesaid provisions, now in force between the Government of Persia and the Government of Russia, and which are the foundation of treaties with other powers, a Persian subject, without the permission of his Government, can not enter the nationality, or become the subject of another State. And Hajie Seyyah of Mahallat, who is a subject of the high government it is evident can not, without first obtaining such permission, of his Government, be considered as the subject of another state.

Moreover, with reference to such a person, who, for misdemeanors and infringement of the laws, has been in prison for two years, and who only now has by the favor of the Government been released from prison in order that he might return to his native place.

In view of such a record your excellency should not in any way take the part of such an individual, even should you consider him as one of your citizens.

With reference to the subject about which your excellency made a communication, viz, that an official assurance be given that no harm or molestation be inflicted on the aforesaid Hajie Seyyah, this contention is contrary to the reasoning in the seventh article of the treaty, now in force between the governments of Persia and the United States, a mere glance at the end of which will establish this fact.

On this occasion, etc.,

[Seal of the Prime Minister, Sadr Azem.]

5th of the month Shaaban, A. H. 1310.

[Inclosure 2 in No. 20.]

Extracts from a treaty, consisting of four articles, concluded between Persia and Russia seventeen years after the date of the treaty of “Turkoman Chai” and known as the Mahajirat Nameh (emigration treaty).

Article I.

The subjects of the two Governments shall not from henceforth, without first obtaining high sanction and a passport of their own Government, pass over from the territory of one to the other (state).

Article II.

Any person being the subject of either state who shall pass from the territory of either state to the other without a passport shall be arrested and committed to the nearest frontier officer, or to the minister plenipotentiary or chargé d’affaires, or the consul of his own Government with his arms and whatsoever he may have with him.

Article III.

Any subject of the two states making a request with reference to emigration from his Government shall do so without the intervention of any foreigner.

Extract from the treaty between the United States and Persia. Article VII.

No diplomatic officer or consul of the United States of America shall either publicly or privately give protection to any subject of Persia.

[Inclosure 3 in No. 20.]

Extract from a private letter from the Moandes-el-Mamalek to Mr. John Tyler.

* * * With reference to the change of nationality when I said (at the meeting of the 24th of February) that it (the original Government’s permission to change one’s nationality) was mentioned in the “Treaty of Turkoman Chai,” it is not so, but I should have said a treaty concluded between the Persian Government and the Russian Government, seventeen years after the date of the Treaty of Turkoman Chai and called “Mahajerat Nameh” (emigration treaty) and consists of four articles, a copy of which is in my possession.

You had better procure a copy in French, which you will, no doubt, find in the Russian legation so that on Tuesday next, when I come according to invitation, we can compare the two versions.

Yours etc.,

[Seal of the Moandes-el-Mamalek.]