Office of the Historian

Mr. Griscom to Mr. Hay.

Legation of the United States,
Constantinople, February 13, 1901.
No. 322.]

Sir: I have the honor to transmit herewith inclosed a copy and translation of a note verbale received from the Sublime Porte on the 3d ultimo in relation to the disputed interpretation of article 4 of the treaty of 1830. The Porte transmitted therewith a document in Turkish, a translation of which is also inclosed herewith, purporting to be a list of cases wherein American citizens have escaped justice owing to the refusal of our consuls to serve summons. The Porte asks that the legation send communications to the proper persons in order that the question may at last receive a definite solution.

I have requested the consul-general to make a report on the various cases mentioned, and as soon as it is received I will transmit it to the Department. The only case mentioned of which the legation has knowledge is the one of Dr. Andrus at Mardin, in which the charges against him have long ago been withdrawn and the case dropped.

I have, etc.,

Lloyd C. Griscom.
[Inclosure—Translation.]

Minister of foreign affairs to Mr. Griscom.

Sublime Porte,
Ministry of Foreign Affairs,
January 2, 1901.

Note verbale.]

By its notes verbales dated January 23, 1894, No. 7470/4, December 24 (26?), 1899, No. 35669/20, and April 26, 1900, No. 37147/13, the ministry of foreign affairs besought the legation of the United States of America to give the official notice necessary to put an end to the difference existing between the two Governments on the subject of the interpretation of article 4 of the treaty of 1830.

These communications have remained without response, and there results, according to information coming to the Sublime Porte, that the delay caused to the settlement of this question gives rise incessantly to difficulties tending to stop the progress of justice and to assure impunity to American citizens apprised of misdemeanors.

In transmitting herewith inclosed to the legation of the United States a list containing the names of American citizens who, accused of different misdemeanors, find themselves, by favor of this divergence, under cover from all judiciary prosecution, the imperial ministry is persuaded that it (the legation) will be willing to recognize itself in its sentiments of high equity, that this question can not without grave inconveniences remain in suspense, and will be willing to send everywhere to the proper persons the communications necessary in order that it (the question) may at last receive a definite solution.

[Page 913] [Page 914]
Name. Nature of misdemeanor. Court. Remarks.
Artin Soba. Insulting the police. Djisr-i-Ergéné. Said Artin Soba accused of insulting Suleiman Agha, captain of the caza of Djisr-i-Ergéné while on official duty; but the accused being an American subject, summons could not be served, and the manner in which the man will be taken to court is under correspondence.
Andon Proshti Libel and insult Smyrna Accused of having insulted Mahounadji Yaco Missi, but consulate refuses to serve summons on the ground that the accused is an American subject. The matter is under correspondence.
Socrati, son of Seferiad Homicide Nazelli Accused of homicide by mistake, and inquiring magistrate decided that there was lien of prosecution. Application was made to the consulate, but it was replied that penal actions against American subjects come within the jurisdiction of the consulate. The matter is therefore under corresponce.
Mr. Andrus, of Mardin Disturbance of public peace Mardin Accused of disturbing public peace and security. The ordannance of the chambre de mise en accusation quashed by the court of cassation. Dossier referred by the chambre de mise en accusation to a special inquiring magistrate.
Sirder, son of Yacoub. Battery on both sides. Haifa Case of battery between said and Ibrahim es Saati, Russian subject. Although examination of the case is within the jurisdiction of the Ottoman courts, the man was not sent to the court on the ground of the fourth article of the existing treaty.
John Bardo Battery Bitlis Said American is accused of a case of battery. As the British consulate protects American subjects, dragoman of the British consulate invited to be present in the examination and trial of the case, and they (the British) inform that the matter has been referred to the embassy and a reply arrived (?); but as they do not send the dragoman, the case is not heard.
Emmanuel Willfully causing damages Pera Legation having informed that the said Emmanuel had gone to Greece, and that, both parties being foreign subjects, the consular court would be competent in the matter, the matter is under correspondence.
Dr. Constantine Lambrinides. Libel do Said Lambrinides having in newspapers published (articles) against Garabed Eff. Papoudjian, said Lambrinides was condemned, the dragoman being present at the hearing of the case in virtue of the twenty-fourth article of the press law, to the payment of a fine of L. T. 4 and judiciary expenses. The dragoman signed said decision.
Yaco Attempt to steal do The said having been prosecuted, the office of the inquiring magistrate had summons issued, but information was given that the man, in conformity with the fourth article of the existing treaty, could not be sent; and as the matter is under correspondence, the case has not come to an issue.
Captain Yani Arson Scutari The said requested to be sent to be examined as accused of having burned a casino belonging to the civil list department, but, on account of the same treaty, not sent by the consulate.
Leon Assault, battery; inquiry. Scutari The said having assaulted and injured Dimitri, a Hellenic subject, it was decided that as both were foreign subjects, the matter was within the jurisdiction of their consulates.
Monsieur Jacques Wounding Constantinople Said Jacques wounded Rifat Bey, first inspector of the bureau of esnaf of the prefecture of the city, while the latter was performing his official duties, and the inquiring magistrate having served summons to examine the accused, it has been replied that the matter must be examined by the consulate and that the Ottoman courts have no jurisdiction in it. Therefore the matter is under correspondence with the legation.