Mr. Griscom to Mr.
Hay.
Legation of the United States,
Constantinople, May 29,
1900.
No. 215.]
Sir: I have the honor to send herewith inclosed
a copy and translation of a note from the Porte of the 26th ultimo
relative to the interpretation of Article IV of the treaty of 1830.
It will be seen from the note that the Porte again urges that the
question of the interpretation to be given to Article IV of the treaty
of 1830 be taken up and settled.
It presents as an instance of the wrong worked by the present situation
the case of one Antoine Proche at Smyrna, wherein the United States
consul refused to serve a summons on an American citizen to appear in an
action brought against him in the criminal court of Smyrna.
I requested Consul Lane to give me the facts in that case, and I inclose
herewith his reply, wherein it is set forth that he did refuse to serve
a summons on one Antonio Prossen, an American citizen, cited to appear
in the criminal court of Smyrna.
As it appears to me that the consul acted in accordance with our rights
under the treaty, I have not complied wtth the Porte’s request that the
consul be invited to serve the summons without delay.
I have made no answer to the Porte’s note, having deemed it advisable to
submit the matter to your consideration.
I have, etc.,
[Inclosure.—Translation.]
Sublime Porte, Ministry of Foreign
Affairs,
April 26,
1900.
Note verbale.]
By its note verbale of December 20 (26?), 1899, No. 35669/20, the
ministry of foreign affairs, after having stated in detail its point
of view regarding the interpretation to be given to Article IV of
the treaty of 1830, has shown the necessity to smooth down finally
the difference existing on this score between the Sublime Porte and
the Government of the United States.
The above-mentioned note has remained up till now without reply, and
it results, according to information received at the Sublime Porte,
that the delay in settling this question has given rise without
cessation to difficulties which have for effect nothing less than to
stop the action of justice and to secure the impunity of American
citizens charged with crimes or offenses. For instance, lately, in
consequence of the refusal of the consul of America at Smyrna to
serve on his fellow-citizen Antoine Proche, charged with defaming an
Ottoman subject, a summons to appear, which was destined to him, the
suit brought against him remains up to this day in suspense.
As this situation, which impairs the indisputable rights of the
Imperial Government, can not continue without serious inconvenience
from the point of view of public order and security, the imperial
ministry requests once more the legation of the United States to
kindly take the necessary steps so as the matter in question should
finally receive a solution in conformity with the principles of law
and justice, and to instruct at the same time its agent at Smyrna to
serve without delay, for the required ends, on the above-mentioned
American citizen the summons to appear, which is destined for
him.
[Inclosure 2.]
Mr. Lane to Mr.
Griscom.
Consulate of the United States,
Smyrna, May
1, 1900.
Sir: In reply to your No. 229, received
to-day, would say that I know no such person as Antonio Proche. We
have, however, an American citizen named Antonio Prossen, who I
presume is the same person. About a year ago there seems to have
[Page 912]
been some trouble between
him and his father-in-law, resulting in the father-in-law bringing
an action against Prossen in the criminal court of Smyrna. As we do
not recognize the right of the Turkish criminal court to judge
Americans, I returned the summons and informed the authorities that
any criminal action against Prossen must be brought in this
consulate.
I am, etc.,
Rufus W. Lane,
United States Consul.
