I have informed Mr. Smith that the three special matters of which he writes,
viz, the domicil rights of these citizens, their subjection to arrest and
detention, and their rights in property, appear to be covered by existing
instructions.
[Inclosure in No. 30.]
Mr. Smith to Mr.
Foster.
American Board of Commissioners for Foreign
Missions,
Congregational House, 1 Somerset Street,
Boston, February 2,
1893.
Dear Sir: I have the honor to acknowledge your
favor of the 20th ultimo, relating to the position and rights of those
American citizens residing in the Turkish Empire who are engaged in
religious and philanthropic work in behalf of the people of the
Empire.
Without attempting at this time to touch upon all the points in that
communication that merit consideration, permit me to offer a few
suggestions that seem to be called for at once. In the statement
recently submitted to the Department of State, and which was the
occasion of your favor above acknowledged, the effort was carefully made
to guard against the thought that we were asking protection for
missionaries in their distinctively missionary work, such as preaching
and teaching. We simply asked for protection in person and property for
citizens of the United States who are missionaries, but who have not
lost their citizenship or the rights that pertain thereto by becoming
missionaries. It would be an entirely different question were they
annoyed for preaching or teaching Christianity, or if any of the charges
brought against them by the Turkish Government pertained to them in
their missionary capacity. It is possible that in such a case appeal
might be taken to the “freedom of worship” clause of the Berlin treaty
to show that their act was no crime; but as no such charge has ever been
made, no such appeal is taken.
As far as we are aware no charge, actual or implied, has been preferred
against these men, so that it is not a question of toleration or
nontoleration of Christian instruction or of proselytism. These
missionaries ask only the protection in home, in person, and in property
which other American citizens in that country enjoy, and which any
American citizen would have a right to ask were he traveling through
that country, or temporarily residing there with his family. They do not
feel and we do not believe that our Government desires to maintain that
by being missionaries they thereby sacrifice their rights to American
protection in the above respects. They urge these three points:
- (1)
- In the matter of domicil rights there are treaty regulations
for entering and searching the domicil of American citizens and
capturing and carrying away from the same private effects, and
they only ask that these regulations be observed by the Turkish
officials.
- (2)
- In the matter of personal arrest and detention there are
treaty regulations that cover such cases, and the missionaries
feel that they have a right to ask that these be observed in
their case.
- (3)
- In the matter of the ownership of real estate, and the
erection of buildings upon the same, and the confiscation of
personal property by the Turkish Government, they desire that
only the rights in the premises which have been observed from of
old in relations with foreigners, and some of which are covered
by treaty or capitulation, be conceded to them, and that in
these rights they be protected by their own Government.
This is the protection that is asked, and it was to call the attention of
our Government to these points that the recent memorial was prepared and
sent to the Department of State. If there are no usages, capitulations,
concessions, or treaties which cover the above cases, then we are ready
to make direct and urgent appeal for the securing of adequate treaties,
and of the protection they should afford, at the earliest possible
day.
[Page 596]
We shall hope soon to learn that our missionaries in Turkey are not
mistaken in continuing to look to their Government for the protection
which has been enjoyed in the past, and which is accorded to American
citizens in every country where the representatives of the Government
are received.
I am, etc.,
Judson Smith,
Foreign Secretary American Board of Commissioners
for Foreign Missions.
