Mr. Gresham to Mr.
Terrell.
Department
of State,
Washington, August 8,
1893.
No. 33.]Sir: In connection with the Department’s
instruction No. 28, of the 31st ultimo, I inclose for your information a
copy of a letter from the corresponding secretary of the Foreign Christian
Missionary Society, dated Cincinnati, the 3d instant, further relating to
the case of Mr. Garabed Kevorkian; also a copy of my reply of this date, in
which I refer generally to the status of returning American citizens of
Turkish origin to the land of their nativity and the difficulties that may
be encountered in affording them adequate protection in the absence of a
treaty of naturalization, specifically defining the rights of such
citizens.
Mr. Kevorkian’s case will, of course, be decided upon its merits after he
shall have presented to you proof of his American citizenship.
I am, etc.,
[Page 666]
[Inclosure 1 in No. 33.]
Mr. McLean to Mr.
Adee.
Foreign
Christian Missionary Society,
Cincinnati Ohio, August
3, 1893. (Received August
5.)
Dear Sir: I have the honor to acknowledge the
receipt of your letter of the 31st ultimo in answer to mine of the 24th
respecting Garabed Kevorkian. I have to say that Dr. Kevorkian has not
been arrested. No charge of any kind has been made against him.
Secondly, he perfected his naturalization before returning to Turkey. He
is, therefore, in my opinion, entitled to the protection of an American
citizen.
Very respectfully,
A. M. McLean,
Corresponding Secretary.
[Inclosure 2 in No. 33.]
Mr. Gresham to Mr.
McLean.
Department of State,
Washington, August 8,
1893.
Sir: I have received your letter of the 3d
instant further relating to the case of Garabed Kevorkian who, you
state, has not been arrested, no charge of any kind having been made
against him, and that he perfected his naturalization before returning
to Turkey.
In the light of your explanation it would seem that the question is one
of Mr. Kevorkian’s ability to satisfy the United States legation at
Constantinople of the validity of his claim to citizenship. Your letter
adduces no proof that Mr. Kevorkian has perfected his naturalization, as
averred, and the Department could not therefore instruct the legation to
recognize his citizenship in the regular way by the issuance of a
passport without such proof, which Mr. Kevorkian should furnish to Mr.
A. W. Terrell, the minister to Turkey.
Moreover, it seems proper to add that there is no treaty of
naturalization in force between the United States and Turkey defining
the status of American citizens of Turkish origin who may return to the
land of their nativity.
It is understood that, by the laws of Turkey an Ottoman subject can not
divest himself of that character without the express sanction of the
imperial government. If without such authority he accepts a foreign
naturalization, it is regarded as of no effect both in reference to
himself and his children.
It is further provided that every person who obtains naturalization
abroad or enters a foreign military service without the permission of
the Sultan may be declared to have forfeited his Ottoman character, and
in that case is altogether interdicted from returning to the Ottoman
Empire.
The legation of the United States at Constantinople is frequently called
upon to intervene in behalf of returning naturalized citizens of Turkish
origin as to whose allegiance conflicting claims exist under the laws of
the two countries. Where circumstances place a person under dual
obligations in the state of origin and in the state of adoption, it is
not always practicable to cause the laws of one country in respect to
citizenship to be recognized and applied in another country when they
conflict with the laws thereof, and when the individual has voluntarily
placed himself within the jurisdiction of the latter.
I offer these statements as illustrating the difficulties that may
surround the case of Mr. Kevorkian, hut of course it must be treated
upon its merits when properly presented to Mr. Terrell, supported by
indubitable proof of citizenship.
I am, etc.,
