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  4. Document 577

Mr. Terrell to Mr. Olney.

Legation of the United States,
Constantinople , October 14, 1895 . (Received Oct. 28.)
No. 643.]

Sir: I have the honor to inclose a copy of your telegram of the 26th ultimo, relating to the case of Guedjian, who was convicted at Aleppo as a revolutionary emissary, without notice to the United States consular agent, and who desired American protection. Your dispatch, No. 619, of the 28th ultimo contains a correct copy of my telegram of the 23d ultimo.

No response has been made to my demand that the judgment against Guedjian should be annulled and that he should be brought here for trial before me or the United States consul-general.

While the construction of the treaty of 1830 insisted on by former ministers at this post has been adhered to by me, it has resulted heretofore in the release of American citizens accused of crime, who have thus escaped being punished by either Government. Turkey has never, even as to ordinary offenses, abandoned her claim to jurisdiction.

* * * * * * *

The treaty of 1830, when construed in connection with sections 4090 and 4125, United States Revised Statutes, left me in doubt as to the propriety of finally trying and punishing one accused of engaging in armed revolution here. The words “if allowed jurisdiction,” in section 4090, might, it occurs to me, be given such a construction as would allow me to yield to the Ottoman authorities the jurisdiction in such cases, after I had first judicially examined the charge and ascertained the guilt of the person accused, and that he had, under the international rule, forfeited the protection of our Government.

If in the case of Guedjian, or any like case, my jurisdiction to try shall be assented to, the accused will be finally tried in accordance with what I understand to be your telegraphic instruction.

If all naturalized Americans of Turkish origin who are subject to [Page 1310] punishment for conspiring against the Ottoman Empire shall be arrested instead of being killed, there is much reason to believe that the criminal docket at this post will be crowded.

I have, etc.,

A. W. Terrell.