Mr. Olney to Mr. Terrell.

No. 1153.]

Sir: I transmit a copy of a note from Mavroyeni Bey, dated the 8th instant, formally presenting the reasons which in the view of the Turkish Government support it in rejecting totally the various claims for indemnity to American persons and property in Asia Minor which you have lately proffered under the instructions of this Department.

The Turkish doctrine of irresponsibility appears to go much further than the very generally stated principle of international law that a Government is not liable for damage to local interests of foreigners by the acts of uncontrollable insurgents. Although not clearly expressed, this note would appear to expand that doctrine to include irresponsibility [Page 893] for acts of the Government in repressing insurrection. In either case, it wholly ignores the responsibility of Turkey for spoliations and injuries committed by its authorities or agents themselves upon the persons and property of American citizens, of which injuries the evidence collected by you furnishes abundant proof upon which to base a just claim.

The Turkish answer is, therefore, entirely inadmissible, both as to doctrine and as to sufficiency, and I have to instruct you to press for a just decision upon the facts of each case as they have been or may be fairly ascertained.

The pending claims are varied in their character, and the acts out of which they grow are widely different in the several cases, although in all involving the conduct of the administrative or military authorities of the Ottoman Porte, and it is impossible to accept a general disclaimer of liability upon the solitary and unqualified ground presented in Mavroyeni’s note.

I annex, for your further information, copy of my reply to Mavroyeni’s note upon this subject.

I am, etc.,

Richard Olney.