Mr. Foster to Mr. Thompson.

No. 30.]

Sir: In connection with instruction, No. 3,* of 29th November last and other instructions to your legation relative to the position and the rights of American citizens resident in the Ottoman Empire, two of [Page 595] the more important of which are referred to in No. 3, above mentioned, I now transmit for your information a copy of a letter from the foreign secretary of the American Board of Commissioners for Foreign Missions relating especially to the status of American citizens residing there “who are engaged in religious and philanthropic work.”

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.

I am, etc.,

John W. Foster.
[Inclosure in No. 30.]

Mr. Smith to Mr. Foster.

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.