Mr. Uhl to Mr. Terrell.
Washington, December 7, 1893,
Sir: Your communications in reference to the arrest by Turkish authorities, with a view to their expulsion, of certain native subjects of Turkey, who, after naturalization here, have returned to that country, [Page 707] were duly considered, and you were instructed by cablegram, on the 27th of October, to exert yourself for their relief, bearing in mind, however, the recognized sovereign right of Turkey to exclude aliens, and to expel or deport undesirable persons or classes.
The right of every government, in the absence of treaty provisions to the contrary, as inherent in sovereignty, to exclude or to expel from its territory foreign citizens or subjects whose presence is undesirable, is fully recognized by the United States. Our recent legislation requiring the expulsion from our territory of Chinese subjects who have not provided themselves with certificates of their right to remain here having been called in question before the Supreme Court, has given occasion for a declaration by that tribunal of the right of every government to exclude or expel foreigners from its limits.
The motive prompting the expulsion of foreigners, or the manner and circumstances under which it is accomplished, may be such as to indicate an unfriendly disposition in the nation which expels towards the nation whose subjects or citizens are expelled. If, for instance, Turkey were to expel an American citizen from her territory simply because of his citizenship, and for no other reason, that could not but be deemed an unfriendly act toward us. Nor can the recognition of the right of expulsion be construed as a waiver of our right to intervene in proper cases for the protection of our citizens in foreign countries, even where there is no treaty guaranteeing them special privileges. Or, if Turkey should punish or expel persons merely because of their naturalization in the United States when naturalization in other countries is not made the ground of similar treatment, it would be an act of unfriendly discrimination against this country.
The subject of the arrests for the purpose of expulsion to which you have referred has been brought to the attention of Mr. Mavroyeni, the Turkish minister at this capital, from whom I learn that the Imperial Government claims to act under the sixth article of the law relating to Ottoman nationality, which provides in substance that the Government may declare loss of the character of an Ottoman subject against any Ottoman who shall have been naturalized in a foreign country, or who shall have accepted military functions under a foreign government without the authorization of his sovereign, and that in such case the declaration of such loss shall ipso facto operate to deny the right to return to the Ottoman Empire of the person who shall have incurred it. I am also informed by Mr. Mavroyeni there is and shall be no detention of these naturalized citizens of the United States beyond such as is necessary for their expulsion, and that his excellency Said Pasha is in negotiation with you to reach a just understanding in the premises.
It is unnecessary to add that this Government will at all times intervene for the protection of its naturalized citizens in the enjoyment of the rights to which they are entitled as such.
I am, etc.,
Acting Secretary.