Mr. Angell to Mr.
Sherman.
Legation of the United States,
Constantinople, December 8,
1897.
No. 59.]Sir: On September 10 last I received, through
the consul-general, a complaint from Consul Wallace, at Jerusalem, that
the local authorities had refused the request of an American citizen,
Simon Ben Nachman Lowenstein, for permission to buy a house and lot in
that city. The reason given for the refusal was that, the applicant was
a Jew, and that an order of the Sublime Porte forbade Jews to become
landholders until they had been long resident in Turkey, and that Mr.
Lowenstein had not been long in the country.
I at once called on the secretary for foreign affairs and informed him
that our Government could not recognize discrimination in the treatment
of American citizens on the ground of religious belief or connection. I
reminded him that a regulation could not override a treaty, as this
order did violate the protocol of 1874. He said the order had been
framed in consequence of the supposed danger of an inundation of Jews,
who might cause serious political difficulties at Jerusalem. But he
promised to give early attention to my request in behalf of Mr.
Lowenstein, and asked me to furnish a memorandum for him. I inclose a
copy of my memorandum.
Though the dragoman has under my instructions repeatedly called up the
case, it is only now that the grand vizier has taken action. Yesterday
he promised to send an order at once to the vali at Jerusalem to permit
Mr. Lowenstein to make his purchase. He said that the order was aimed at
Russian Jews, who, it was feared, might come in great numbers, and was
not intended to apply to Americans.
I have, etc.,
[Inclosure to No.
59—Memorandum.]
Mr. Angell to the
Ministry of Foreign Affairs.
Legation of the United States,
Constantinople, September 23, 1897.
The Ministry of Foreign
Affairs.
Sir: Agreeably to the request of his
excellency the secretary for foreign affairs, the minister of the
United States begs leave to present the following memorandum:
About three months ago an application was regularly made through the
American consul to the Turkish officials in Jerusalem in charge of
[Page 1104]
the land department
for permission for one of our citizens, named Simon Ben Nachnian
Lowenstein, to purchase a small property, cohsistiug of a lot and a
house. The application was refused, on the ground that the applicant
is said to be a Jew, and that an order from the Sublime Porte, dated
April 19, 1309, requires that a Jew be an old resident in Turkey
before he can become a landholder, and that Mr. Lowenstein has been
in Jerusalem only a short time.
The minister begs leave to express the hope that the order of the
Sublime Porte does not properly bear the interpretation and
application given to it above. If an American citizen be denied the
right to acquire real estate in this Empire on the ground that he is
alleged to be of a certain religious faith, the duty of the minister
to his Government would require him to protest against such a
discrimination as inadmissible. Equal rights under treaties are
claimed for all American citizens regardless of the faith they
profess.
The minister trusts, therefore, that his excellency will see that
orders are speedily given to the authorities at Jerusalem to allow
Mr. Lowenstein to complete his purchase.
