Mr. Angell to Mr.
Sherman.
Legation of the United States,
Constantinople, January 5,
1898.
No. 78.]Sir: In my No. 59 of December 8 I reported to
the Department what I supposed was the happy termination of efforts I
had been making for more than two months to secure permission for Mr.
Simon Ben Nachman Lowenstein to purchase a house and lot in Jerusalem.
In the absence of the grand vizier from his office a responsible
subordinate, member of his staff, assured my dragoman that the
prohibition to Hebrews to purchase real estate did not apply to such a
person as Mr. Lowenstein, and that it had been decided to send orders to
that effect to Jerusalem. Accordingly, I so informed you and our consul
at Jerusalem.
But now I am surprised to receive a note verbale from the secretary for
foreign affairs reporting the decision to refuse my request and
referring me for the reasons to a note communicated to this legation on
March 27, 1894. As it does not appear from our records that the note was
ever sent to the Department and as the subject it discusses is one of no
little importance, I inclose it to you for consideration.
[Page 1105]
It will be observed that under certain conditions permission will be
accorded to American citizens who are Jews to purchase real estate. But
they are conditions which are not imposed on other American citizens. I
do not feel at liberty to ask any American Hebrew to comply with them,
since by so doing I should make a discrimination against Hebrews, which
is wholly foreign to the spirit of our institutions.
But I beg to call the attention of the Department to the argument which
seems to underlie the Turkish regulation.
The Ottoman law of 1867, Which concedes to foreigners the right of
holding real estate in the Ottoman Empire, and which is formally
accepted by the protocol of 1874, declares in Article II:
Foreigners, proprietors of real estate in town or in country, are
in consequence placed upon terms of equality with Ottoman
subjects in all things that concern their landed property.
And, after specifying on certain particulars the legal effect of this
equality, it says:
In short, they are iu all things to hold real estate by the same
title, on the same condition, and under the same forms as
Ottoman owners, and without being able to avail themselves of
their personal nationality, except under the reserve of the
immunities attached to their persons and their movable goods,
according to the treaties.
Now, Ottoman subjects of the Jewish faith not being allowed to purchase
real estate in Jerusalem except under certain limitations, Jews of
foreign nationality, it is claimed, may be forbidden to purchase under
the same limitations.
The prohibition under consideration applies only to Palestine, and we are
assured owes its existence solely to the fear that an inundation of Jews
may overflow Palestine and greatly embarrass the Government.
The above argument is not particularly dwelt upon in the note of 1894,
but it has been adduced by the secretary for foreign affairs in
conversations with me, though, I am bound to say, not with great
emphasis. Still, sooner or later, we may expect to see it pressed, and
therefore I have deemed it well to call the attention of the Department
to it, so that, if thought expedient, proper instructions may be given
in regard to it.
In answering the last note verbale I have purposely avoided all reference
to this point, and have attempted to show that, as the main reason given
in 1894 for the prohibitory regulation was the desire to prevent an
inundation of Russian Jews, the case of Mr. Lowenstein does not fairly
come within the scope of the prohibition. I had in my first note verbale
(September, 1897) on this subject protested against any discriminations
against American citizens of the Hebrew faith.
I have, etc.,
[Inclosure 1 in No.
78.—Translation.]
The Minister for Foreign
Affairs to Mr. Angell.
Ministry of Foreign Affairs,
December 22, 1897.
note verbale.
The ministry of foreign affairs has received the memorandum No. 1
which the legation of the United States of America was pleased to
[Page 1106]
address to it on the
23d of September last, relative to a house which an American
citizen, Simon Ben Nachman Lowenstein, wishes to purchase at
Jerusalem.
The acquisition of real estate in Palestine by Jewish emigrants being
prohibited on the grounds set forth in the note verbale of March 17,
1894, the imperial ministry regrets that it is not able to grant the
request which forms the subject of the above-named memorandum.
[Inclosure 2 in No.
78.—Translation.]
The Minister for Foreign
Affairs to Mr. Angell.
Sublime Porte, March 27, 1894.
note verbale.
It appears from a report made by the governor of Jerusalem that
Jewish emigrants from Russia, after going to the United States and
becoming naturalized in that country, enter Palestine and seek to
acquire property there.
The acquisition of real property in Palestine by Jewish immigrants
is, however, forbidden. This measure, which is dictated by
considerations of a political nature, has for its sole object the
prevention of the permanent establishment in Palestine of Jewish
immigrants, who, in spite of the existing prohibition, have
succeeded or may succeed in entering the country.
The Imperial Government having prohibited entry into Palestine to
foreign Jews emigrating in a body, as was communicated to the
foreign missions by the circular notes verbales of October 4 and 8,
1888, no objection can reasonably be raised at the present day to a
measure which is solely designed to safeguard and render more
efficacious this prohibition.
Besides, as the interdiction against acquiring real property in
Palestine applies to native Jews as well as foreign ones, the latter
can not complain of unequal treatment.
In order, however, to avoid any prejudice being caused to the
interests of foreign Jews duly settled in Palestine by the measure
in question, the Defterhane (real-estate bureau) records the
acquisition of real property if the purchaser, even though a Jew,
presents a certificate from his consulate, attested by the governor
of Jerusalem, showing that he does not belong to the class of Jews
whose immigration into Palestine is forbidden, and if in addition he
delivers a declaration by which he undertakes, in the case of urban
property, not to allow the house he is buying to be inhabited by
Jews of this category, and, in the case of rural property, not to
found Jewish colonies on it. It is well understood that measures
will be taken against persons who may act in a manner contrary to
their declaration.
The ministry of foreign affairs requests the United States legation
to furnish their consul at Jerusalem with the necessary
instructions.
The United States Legation, Constantinople.
[Page 1107]
[Inclosure 3 in No. 78.]
Mr. Angell to the
Minister for Foreign Affairs.
Legation of the United
States,
January 5,
1898.
note verbale.
The minister of the United States has the honor to acknowledge the
receipt of the note verbale of December 22, 1897, declining to
accede to his request that Mr. Lowenstein, an American citizen of
the Jewish faith, should be permitted to purchase a house and lot in
Jerusalem. Reference is made in the note to a note verbale of March
27, 1894, as giving the reasons for the refusal of the request. In
that note verbale reference is made to another of October 8, 1888,
as prohibiting “the coming to Palestine of Jewish immigrants in a
body” (l’aecés de la Palestine aux Israelites étrangers émigrant en
masse). In the note of October 8, 1888, it is said that the
prohibition is limited to those who emigrate in a considerable
number (à ceux qui émigrent en nombre).
The minister of the United States understands from these notes, as
well as from conversations with his excellency, the minister of
foreign affairs, that the regulations of the Ottoman Government were
made when it was believed that great numbers of Jews were to be
expelled from Russia, and, therefore, that there was danger of an
inundation of them in Palestine.
But he begs leave to say that the case which he presents is entirely
different from that against which the Ottoman regulations are
directed. It is that of a solitary individual from America. It is
not to be supposed that Russian Jews will go to the United States
and spend the five years required for naturalization in order to
come to Palestine as American citizens.
The minister of the United States trusts, therefore, that his
excellency will conclude that there is no good reason for applying
the regulation aimed at Russian Jews coming in great numbers to the
case of Mr. Lowenstein.
