Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 5, 1898

Mr. Straus to Mr. Hay.

Legation of the United States,
Constantinople, November 22, 1898.

No. 25.]

Sir: In reply to your instruction No. 13, of October 14, wherein you request me to unofficially ascertain whether the Ottoman regulations prohibiting the entrance of Jews into Palestine discontinue the permission heretofore granted to individual Jews to visit and sojourn in Palestine for a period not exceeding 90 days, I have the honor to report:

This same subject had my attention in 1888, during my former mission here, under very detailed and explicit instructions of the then Secretary of State, the late Mr. Thomas F. Bayard (F. R., 1888, part 2, pp. 1566–1568). I beg also to refer to my report in the matter, together with the action taken by the British and French embassies (Id. pp. 1588–1591).

I called on the minister for foreign affairs a few days ago, and in accordance with your instructions presented the matter unofficially in connection with the general subject of the rights of American citizens, native born and naturalized, in the Ottoman Empire. He agreed with me, and said Turkey had no intention to discriminate among American citizens upon the basis of race, nationality, or religion.

Injustice and fairness to the Turkish Government, I must say it has never shown a disposition to make any discrimination against foreign subjects on the basis of race or religion, and as for the Jews, when they were driven out of Spain by the inquisition in the latter part of the fifteenth century, the only two countries wherein they found a hospitable refuge were Holland and the Ottoman Empire. Many of the descendants of these Spanish Jews yet live in this Empire as loyal subjects, as their forefathers did, in the full enjoyment of their religion and their rights as Ottoman subjects. Their home language is still Spanish, and much of their literature is in that language.

With a view of having instructions sent to the valis or governors-general of Syria and Palestine, in accordance with the principles consistently maintained by our Government regarding its citizens, and upon the suggestion of the minister of foreign affairs, I handed to him yesterday the attached note. He read it in my presence, and said:

You can report to your Government; there is no intent to prevent American citizens, be they Jews or Christians, individually, as distinguished from en masse, to visit Syria or Palestine as travelers, or who come as visitors; the only object is to prevent the further colonization of Palestine by Jews, as the settlement there of religious bodies in preponderating numbers may lead to political complications, which it is the purpose of the Ottoman Government to avoid.

I do not think there would be any objection on the part of the Turkish Government if Jews desired to settle in other parts of Turkey, provided it is made clear that such settlements are not effected as an excuse, or with a view of crowding into Palestine.

The more stringent enforcement of the regulations respecting Palestine has been occasioned by the Zionistic movement among a section of Jews in Russia and in some European countries, by reason of persecution and anti Semitic agitations.

It is, perhaps, not pertinent to the present question to say that in my judgment it would be more practicable if the movement referred to made its goal Mesopotamia, the once rich and populous country between the Tigris and Euphrates, the original habitation of the Hebrews, Abraham and his progenitors 5 for here was the biblical Ur of the Chaldees. This country, in the circle of time, is again to all intents and purposes practically a new land; it is sparsely settled, and by opening up the ancient channels of irrigation could again be made to support a population of several million souls. Such a proposition, practically presented, might, perhaps, be entertained by the Ottoman Government as advantageous to the Empire.

I have, etc.,

Oscar S. Straus.

[Inclosure in No. 25.]

Legation of the United States,
Constantinople, November 19, 1898.

His Excellency Tewfik Pasha,
Minister for Foreign Affairs.

Sir: A number of cases of denial of the rights of American citizens, native and naturalized, are reported by our consuls at Beirut and Jerusalem, which have been referred to me by my Government.

It is my constant desire to avoid unpleasant issues between the United States and Turkey, and especially now, pending the consideration of important negotiations between your excellency and myself upon the general subject of nationality.

I have instructed our said consuls to the effect that the United States do not make any discrimination between its citizens based upon religion or race, nor will it concede to any other Government the right or power to make any such discrimination in respect to American citizens.

Though Turkey in 1869 passed its law of nationality to the effect of not recognizing the foreign naturalization of subjects of Ottoman origin, yet we have not and will not consent to the application of that law to American naturalized citizens, be they of Ottoman origin or of any other origin.

I recognize that the position we have consistently taken since the foundation of our Government raises in such instances, perhaps, a question of conflict of sovereignty, yet to avoid which we have concluded with European States treaties of naturalization, such as your excellency and I now have under consideration.

Regarding the other question—the exclusion of American citizens of Jewish race from Palestine—the same considerations apply. I understand that the Ottoman Government opposes the further colonization of Palestine by Jews, not because of any prejudice against such persons because they are Jews, but because the Ottoman Government does not regard it to its interest to have too large a number of any race or nationality established there, and therefore objects to persons of the Jewish race coming en masse; but that individual citizens of the United States, be they native born or naturalized, who came to Palestine on a visit as distinguished from colonization, are not to be hindered in their coming or remaining there.

I have instructed our consuls in accordance with the above, and would ask your excellency, in your high sense of equity and reciprocal rights, to instruct the valis of Syria and of Palestine not to obstruct American citizens who come to visit these vilayets.

My Government does not limit the right of Ottoman subjects to travel in any part of the United States, be they native or naturalized, be they Mohammedans, Jews, or Christians, and will not submit to a curtailment of the rights of its citizens when coming to the Ottoman Empire.

Your excellency, I trust, will agree with me that, pending my negotiations with you, it would be unfortunate if disagreeable issues should result, which might obstruct our mutual efforts to arrive at a satisfactory solution.

Receive, excellency, the assurance of, etc.,

Oscar S. Straus.