Mr. Griscom to Mr.
Hay.
Legation of the United States,
Constantinople, January 8,
1900.
No. 144.]Sir: I have the honor to acknowledge the
receipt on the 30th ultimo of a telegram1 from you.
This legation had not been previously informed as to the incident, but a
few hours later the consul-general transmitted a telegram received from
Consul Lane, at Smyrna, reading as follows:
Smyrna, December 29.
American Consul, Constantinople:
By my orders, while protecting property of dragoman of this
consulate against illegal action of-Turkish courts in the
interior, the cavass has been arrested and held by Turkish
authorities.
Owing to lack of courtesy of governor here I believe the persons
and interests of United States citizens to be in danger and have
cabled such to Washington.
Lane.
The same day I received also the following telegram directly from Consul
Lane:
Smyrna, December 30.
American Minister, Constantinople:
Court in interior seized goods of American dragoman without
notice. I applied to governor for release. Many promises; no
satisfaction. Sent cavass to release goods. Release expected.
Next day cavass seized by officers by order of the governor,
arms removed, cavass in prison twenty-four hours, sent to Smyrna
with guard, in prison four hours, now released, arms not
released. Such violence to an officer of a Christian government
by the governor here makes it unsafe for all Christians,
particularly Americans. Goods again seized. Advise what course
to pursue.
Lane.
From the brief statements contained in the above messages it appeared to
me that there were at least three separate and distinct subjects of
complaint against the Turkish Government: First, the seizure, without
assistance of the consul, of merchandise belonging to a person entitled
to protection as an American citizen; second, the invasion of an
American domicile by an armed force of Turkish soldiers, and, third, the
arrest of the cavass of the American consulate while acting in his
official capacity. The cavass had been released from imprisonment, but
his arms, taken from him on arrest, were not returned.
I proceeded immediately to the porte and had an interview with the
minister for foreign affairs. I laid before him the circumstances of the
incident as outlined in the above telegram and presented the three
breaches of our treaty rights as above set forth and entered a strong
protest against each. I demanded an investigation of the seizure of
merchandise and that the arms of the cavass be immediately returned to
the consulate. The minister for foreign affairs promised that
telegraphic orders would be immediately sent to the governor of Smyrna
demanding an explanation of the seizure and directing the return of the
arms of the cavass to the consulate.
I notified the minister that I would reserve all rights to suitable
reparation and damages, pending a thorough investigation of the incident
and until such time as I shall have ascertained the views of my
Government on the subject.
I then sent you a telegram1 setting forth as briefly as possible the circumstances
related above.
[Page 922]
I also telegraphed to Consul Lane at Smyrna as follows:
December 30.
Lane, American Consul, Smyrna:
Porte has telegraphed ordering immediate delivery of arms of
cavass to you and explanations of seizure of merchandise. You
will see Vali and telegraph me result. Your written report
awaited.
Griscom.
On January 3 I received from Consul Lane his written report, a copy of
which is inclosed herewith, giving the circumstances of the case which
may be summarized as follows:
On December 10 a quantity of licorice root, the property of Avedis S.
Avedikian, third dragoman of the United States consulate at Smyrna, and
stored in a building rented by him, was seized by the Turkish court at
Magnesia, a town some 40 miles from Smyrna. The seizure was made without
notice to the consul or to the dragoman. Mr. Lane, upon being informed
of the seizure, wrote to the governor-general of the vilayet, setting
forth the facts, and asking the release of the goods. On the 16th ultimo
the consul received a summons from the court at Magnesia to transmit to
Mr. Avedikian, notifying the latter that his goods had been seized, and
citing him to appear for trial. The consul, regarding the seizure as
illegal, declined to transmit the summons, and returned it to the
governor-general. He then made a verbal request to the governor-general
that the sequester be at once broken, but the latter replied he had no
authority over the court and could only “invite” it to release the
merchandise. A further answer was promised, but not made. On the 25th
idem the governor-general transmitted a report of the court at Magnesia,
giving its reasons for the seizure.
Consul Lane declined to accept any explanation of a violation of our
treaty rights until the violation had been rectified. Believing it
impossible to obtain such rectification by further application to the
Turkish authorities, he sent his cavass, with an interpreter and the
flag, to the house in question, where, by his orders, they removed the
seals of the Turkish court and took possession of the premises. The
cavass was left in charge of the property until two days later. A force
of Turkish soldiery, acting upon an order of the governor-general of
Smyrna, entered the building, arrested the cavass, and took him to the
prison at Magnesia. There they removed his sword, revolver, and
cartridge belt, of which, it is noted, he at no time attempted to make
use in self-defense. After an imprisonment of twenty-four hours he was
sent under guard to Smyrna, where, after being again imprisoned for four
hours, he was released. His arms were retained.
Consul Lane transmits with his dispatch four inclosures, being copies of
three communications addressed by him to the vali of Smyrna, and of his
telegram to this legation. He does not forward copies of the letters
received by him from the vali, and I therefore telegraphed him on the 2d
instant as follows:
Lane, American Consul, Smyrna:
Telegraph me when arms are delivered. Send copies of all
correspondence from vali on controversy. Was Avedikian in
partnership with anyone?
Griscom.
I received in reply the next day a telegram, as follows:
American Minister, Constantinople:
Arms not yet delivered. Understand your telegram that I am to see
vali after delivery.
Lane.
[Page 923]
On the 4th instant I sent a written instruction, a copy of which is
inclosed, to the consul, in which I directed him to make a full report
of the exact use made by him of the American flag, and his reasons for
employing it in the manner briefly described in his report. I further
asked replies to certain questions tending to throw light on the title
of Avedikian to the licorice root in question, the extent of his
participation in the licorice-root business, and any partnership in
which he might be involved. Consul Lane’s reply has not yet reached this
legation.
Yesterday morning I received from the minister of foreign affairs an
unofficial transcript or summary of a telegram received from the
governor-general of Aidin. The Turkish authorities allege that the
dragoman, or Avedikian, with three other persons, took possession of a
quantity of licorice root belonging to Hadji Daoud and stored it in the
courtyard of the house of one Photi in the village of Hamidieh. At the
request of the said Daoud the court of Magnesia placed a sequester upon
the merchandise in question, and summoned the various persons interested
to appear. It is alleged that there being no consul of the United States
at Magnesia, the seizure was in conformity with treaty rights. The
remainder of the statement agrees with the account given by Consul Lane,
but the arrest of the cavass is passed lightly over by saying he “was
dislodged and sent to Smyrna, followed by his arms, which were returned
to him, with the exception of his revolver.” The governor-general closes
his report by expressing the wish that the United States minister could
be here to judge for himself of the attitude of the young consul.
From this report of the governor-general of Aidin I felt satisfied that
the seizure of the merchandise had been effected in a manner clearly
contrary to treaty. Dragomans of our consulates are accepted by Ottoman
statute to be privileged persons and allowed the same protection as may
be accorded American citizens. It is a matter for the United States
Government to decide in what measure they will extend this protection.
By our treaty the Turkish courts are prohibited from seizing the
property of American citizens without the assistance of the nearest
United States consul. I therefore felt justified in presenting a demand
for the immediate release of the goods.
On the 6th instant I addressed a formal note, copy of which is inclosed,
to the minister for foreign affairs.
After recapitulating the circumstances as related to him verbally in my
previous interview, I made three demands:
- 1.
- That the sequester of the court at Magnesia, for the second
time placed upon the merchandise, be at once removed.
- 2.
- That the house leased by Avedikian be evacuated and given over
to his possession.
- 3.
- That the arms of the cavass be immediately delivered to the
consul at Smyrna.
I presented this note in person to his excellency the minister for
foreign affairs, and after a careful reading he expressed himself as
satisfied with the reason and moderation of the demands therein
contained and gave his assurance that they would be acceded to and
appropriate orders at once telegraphed. He tacitly admitted that the
local Turkish authorities are in the wrong, and I was given to
understand that the matter would at once be remedied in the manner
indicated by me.
I will furtner inform the Department of the result of the promises stated
above.
[Page 924]
I have the honor to call your attention to the question as to how far the
United States Government will protect the dragomans of consulates in
their conduct of a private mercantile business, and how many dragomans
in each consulate will be entitled to such protection.
In the present incident it will be noted that Avedikian is third
dragoman.
The question of protecting the dragomans of our consulates in all cases
which may arise from their private relations as merchants is a matter of
considerable importance and open to much doubt. I would be glad to have
the instructions of the Department on the subject.
In regard to the arrest of the cavass, I would beg to point out that the
injury to the Government of the United States is serious. The cavasses
are privileged persons, free from arrest under the Turkish law, whose
function is to insure the safety of the persons and property of the
official representatives of foreign powers in the Turkish Empire. If
they may be arbitrarily arrested and imprisoned their value ceases. I
made a strong point against the action of the governor-general of Aidin,
and, as stated, have been assured that orders have been issued for the
return of the arms of our cavass. If any demand for further reparation
is deemed advisable I would respectfully request the instructions of the
Department.
I have, etc.,
[Inclosure 1.]
Mr. Lane to Mr.
Straus.
Consulate of the United States,
Smyrna, December 30, 1899.
Sir: On December 10 a quantity of licorice
root bought and paid for by Avedis S. Avedikian, third dragoman at
this consulate, and stored in a building rented by him, was
illegally seized by the Turkish court at Magnesia, which is some 40
miles in the interior. The seizure was made without any notice to me
or to the dragoman, which is a direct violation of our treaty
rights, since interpreters acting as such by permission of the
Sultan enjoy the same protection as American citizens. Mr. Avedikian
learned of this seizure through his employees and at once
communicated the facts to me. I immediately (December 12) “wrote, as
per inclosed copy,” to his highness the governor of this vilayet,
setting forth the facts and asking the release of the goods. On the
16th following I received a summons from the court at Magnesia to
transmit to Mr. Avedikian, notifying him that his goods had been
seized and ordering him to appear for trial. This summons I declined
to transmit, as the goods were seized in violation of the treaty,
and I returned it to the governor, as per inclosures No. 2–3, having
received no reply to my note of the 12th. I called in person upon
the governor December 20 and laid the case before him. I showed the
leases, contracts, and other papers of Mr. Avedikian all in order,
and demonstrated beyond a doubt that the goods were really those of
Mr. Avedikian. I demanded that the seizure be broken at once. The
governor replied that “he knew the treaty had been violated,” that
the court had made a mistake, but that he had no authority over the
court and could only “invite” them to release the goods. He promised
me an answer in two days. None came. I then sent dragoman
(Agadjanian) to inquire of governor. Agadjanian reported that
governor promised to order release of goods at once. Monday, 25th, I
received a note from the governor transmitting a report of the court
at Magnesia as to why they arbitrarily seized the goods. This is
anything but courteous on the part of the governor, for he knows
that I am not accredited to any court in the interior and my note
was to him personally. Nor could I accept any explanation for a
violation of our treaty rights until that violation had been
rectified. I at once sent for the first dragoman of the consulate,
Mr. Mavrodee, who has been in the service of our Government
twenty-eight years, and whose experience is valuable. We discussed
the situation and agreed that as the governor had
[Page 925]
admitted there was a violation of the
treaty and had further said he could not order the matter corrected,
that the only way to protect our rights was to send the cavass with
an interpreter and the flag to remove the seals of the Turkish court
and take possession of the premises. This I did, and the dragoman
returned the same day with the flag, but left the cavass in charge.
Two days later there arrived at this house, which was in possession
of the American officer, fifteen mounted Turkish soldiers. Then,
regardless of the protest of the American officer, the Turkish
captain (named Sadika) with two men of his force entered the
building and seized the cavass and took him to prison at Magnesia.
There they removed his sword, revolver, and cartridge belt, which he
had at no time attempted to use in defense of himself.
They kept him in prison twenty-four hours; then sent him to Smyrna
and kept him in prison four hours. They then released him, but kept
his arms, which they still have. When the captain and his two men
forced their way into this house, which domiciled an American
officer, they showed the officer an order from the governor of
Smyrna for his arrest.
At present we do not only stand confronted with several violations of
the treaty—i. e., first, the seizure of the goods of an American
officer without an American dragoman being present; second, forcible
entrance of a house domiciling an officer of the United States
consulate; third, seizure of said officer and imprisoning him—but we
have had an insult at the hands of the Turkish authorities and
consequent loss of standing, which, if not adequately punished, will
result in no respect for our treaty by Turkish officials here and
lays Americans liable to open insult and violence at the hands of
any Turkish subject. The cause for all this lies in the fact that
there is a monopoly in the trade of licorice root, and those
interested in this monopoly resort to any means to obtain their end.
Though it is a matter impossible of proof, I am convinced that the
Turkish officials concerned in this matter are in the pay of this
monopoly. I further believe that the governor is also under many
obligations to this monopoly. In my conversation with him he showed
marked partiality in behalf of this concern, and repeatedly tried to
trap me into recognizing the illegal action of the Turkish court. I
also believe that the governor would not have dared to offer us such
on open affront if he did not rely upon the intercession in his
behalf of the British embassy, which has protected him before.
Doubly so, as the agents of the licorice monopoly here are British
subjects.
I have had much trouble recently in protecting American citizens, as
the official Turk is constantly resorting to petty annoyances, and
unless they are given a salutary lesson, and some of these corrupt
officials made an example of, it will be practically impossible for
Americans here to carry on their business, as is shown by the fact
that as soon as the cavass was arrested and removed the goods were
again seized.
I inclose copy of my telegram of this date, which, together with this
report, is sent in accordance with instructions from Secretary Hay,
to whom I cabled yesterday.
I am, etc.,
[Subinclosure 1.]
Mr. Lane to the
Pasha.
Consulate of the United States,
Smyrna, December 12, 1899.
Highness: I have the honor to inform your
highness that on the 10th instant the authorities in Magnesia
arbitrarily proceeded to the seizure of a certain quantity of
licorice root belonging to Mr. Avedis Avedikian, dragoman of this
consulate.
The aforesaid goods are in the building situated at Hamidie, canton
of Magnesia, which is held on lease by Mr. Avedis Avedikian, as
shown by a contract of lease duly certified by the municipality of
Magnesia.
This fact constitutes a flagrant violation of domicile and of the
treaties in force between our Governments. I herewith request your
highness to kindly give the necessary orders in the proper quarter
for the immediate removal of the seizure illegally practiced on the
goods of my dragoman, while I hold the authorities of Magnesia
responsible for this grave state of things.
Accept, etc.,
[Page 926]
[Subinclosure 2.]
Mr. Lane to the
Pasha.
[Translation.]
Consulate of the United States,
Smyrna, December 18, 1899.
Highness: In reply to your communication of
the 1st (13), sub No. 911, containing a protest to be transmitted to
Mr. Avedis Avedikian, I regret to have to return to you herewith the
said protest and not to be able to transmit it to Mr. Avedis
Avedikian, dragoman of this consulate, as long as the seizure
illegally and arbitrarily executed by the authorities of Magnesia on
the merchandise belonging to Mr. Avedis Avedikian, which is in a
house of which he is the sole tenant, be not withdrawn.
I remark, moreover, that said protest is addressed to Mr. Avedis
Avedikian and Mr. Keuleyian and Co., a partnership of which I have
no knowledge whatever.
Accept, etc.,
[Subinclosure 3.]
Mr. Lane to the
Pasha.
[Translation.]
Consulate of the United States,
Smyrna, December 23, 1899.
Highness: In reply to your communication
dated the 8th (20th) instant, No. 930, containing a summons, to be
served on Mr Avedis Avedikian, dragoman of this consulate, I return
herewith the said summons, as I can not serve it upon Mr. Avedikian
inasmuch as the authorities of Magnesia have acted arbitrarily and
illegally toward him.
Accept, etc.,
[Inclosure 2.]
Mr. Griscom to
Mr. Lane.
United States Legation,
January 4, 1900.
Sir: On December 30 I received the
following telegram:
“American Minister, Constantinople:
“Court in interior seized goods of American dragoman without notice;
I applied to governor for release; many promises, no satisfaction;
sent cavass to release goods; release effected; next day cavass
seized by officers by order of the governor; arms removed; cavass in
prison twenty-four hours; sent to Smyrna with guard; in prison four
hours; now released; arms not released. Such violence to an officer
of a Christian government by the governor here makes it unsafe for
all Christians, particularly Americans. Goods again seized; advise
what course to pursue.
“Lane.”
Acting on the information as given by you in the above telegram, I
had an interview with the minister for foreign affairs the same day
and entered a strong protest against such infringement of our treaty
rights. I demanded that an investigation at once be made of the
seizure of merchandise, and an explanation given this legation; and,
further, that the arms of the cavass be immediately delivered to
you. The minister promised that telegraphic instructions would at
once be sent to the vali, ordering the immediate delivery of the
arms, and asking for an explanation of the seizure. I deferred any
demand for the release of the merchandise until further informed on
the subject.
I then telegraphed you as follows:
“December 30, 1899.
“Lane, American Consul, Smyrna:
“Porte has telegraphed ordering immediate delivery of arms of cavass
to you and explanations of seizure of merchandise. You will see vali
and telegraph me result. Your written report awaited.
“Griscom,”
[Page 927]
On the 1st instant the consul-general transmitted to me your written
report dated December 30, with four inclosures.
Yesterday I received from you the following telegram:
“Arms not yet delivered; understand your telegram that I am to see
vali after delivery.
“Lane.”
You evidently misunderstood my telegram, as my intention was that you
should at once see the vali and find out if he had received the
telegraphic orders of the Porte. As it was not a matter of great
importance I did not repeat the instruction.
Yesterday I telegraphed you as follows:
“January 3, 1900.
“Lane, American Consul, Smyrna:
“Telegraph me when arms are delivered. Send copies of all
correspondence from vali on controversy. Was Avedikian in
partnership with anyone?
“Griscom, Chargé.”
In your written report you did not transmit copies of the
communication received by you from the vali, and I am thus left in
ignorance of the contention of the Turkish authorities and their
reasons for acting as they have. The report by the vali to the Porte
has been received but has not yet been communicated to me.
I would like to be informed by telegraph of the delivery of the arms
to the consulate, and if it is not done within a reasonable time, I
will make further representations to the Porte.
I note that you sent the flag with the cavass when he broke the seals
of the court. You will please make a report of the exact use made by
you of the flag, and your reasons for so doing.
I would also like to be informed more particularly as to the title of
Avedikian to the licorice root in question, i. e., first, by whom,
for whom, and of whom was it purchased; second, how long has he been
the owner? third, who disputes his title? fourth, in whose name and
by whom were the contracts for the purchase of the licorice root
made? fifth, since when has Avedikian been the lessee of the store
in question? sixth, had he a store before he leased the present one?
seventh, how long has he been engaged in the licorice-root
trade?
You will also inform me of the reasons given by the Turkish
authorities for seizing the goods and arresting the cavass.
I am, etc.,
[Inclosure 3.]
Mr. Griscom to
the Pasha.
United States Legation,
Constantinople, January 6, 1900.
Excellency: I have the honor of bringing to
your attention the following circumstances:
On the 10th of December last the Turkish court at Magnesia in the
province of Aidin seized and sequestered a quantity of licorice
root, the property of Avedis S. Avedikian, third dragoman of the
United States consulate at Smyrna, and stored by him in a building
which he rented. This seizure was made without any notice to the
United States consul at Smyrna. The latter immediately upon learning
of the circumstances addressed a letter to his highness, the
governor-general of Aidin, setting forth the facts and asking the
release of the goods. On the 16th of the same month the consul
received a summons from the court at Magnesia to transmit to Mr.
Avedikian notifying him that his property had been seized and citing
him to appear for trial. The consul declined to transmit this
summons, being unwilling to take cognizance of legal proceedings
against his dragoman which had been begun without first notifying
the consul. On the 20th idem the consul called upon the
governor-general and laid the case before him, exhibiting the
leases, contracts, and other papers of Mr. Avedikian, demonstrating
that the merchandise was the property of Avedikian and stored in a
building leased by him. The governor-general declared that he had no
authority over the court, and could only “invite “it to release the
goods. The consul then waited five days in order to give the
authorities ample time to set right the wrong which has been done,
or at least give adequate explanation. No reply to his repeated
requests being forthcoming, on the 25th ultimo he sent his cavass,
accompanied by an interpreter, to the building in question, where
they
[Page 928]
removed the sequester
of the Ottoman court and took possession of the premises. Two days
later a force of soldiers appeared and, acting on an order of the
governor-general of Smyrna, entered the building, seized and
arrested the cavass and took him to the prison at Magnesia. There
they removed his arms, which at no time had he attempted to use in
self-defense. He was kept imprisoned twenty-four hours, sent to
Smyrna under guard and again imprisoned four hours, after which he
was released, but his arms retained.
I have the honor to call your excellency’s attention to the following
points:
- 1.
- The proceedings of the Ottoman court at Magnesia in
sequestering merchandise of the dragoman of a United States
consulate without notice to the United States consul at
Smyrna, is in contravention of established treaty rights.
Magnesia is easily within the limits of jurisdiction of the
consul at Smyrna.
- 2.
- The forcible entry by Ottoman soldiers into a building
leased by a dragoman of a United States consulate
constitutes an invasion of American domicile.
The arrest of a cavass of a United States consulate is an
infringement of treaty rights and constitutes a grave affront upon
my Government.
I have no doubt but that to your excellency’s high sense of justice
the truth and accuracy of the propositions as stated above will at
once be apparent, and I therefore submit the following requests to
which I trust His Majesty’s Government will at once and readily
accede.
- 1.
- That telegraphic orders be sent without delay directing that
the sequester upon the merchandise of the dragoman Avedikian be
at once removed. After this act of reparation has been
accomplished appropriate proceedings may be taken by the Ottoman
court at Magnesia, with the assistance of the United States
consul. Acting thus in conformity with our treaty rights a
sequester may be placed, if necessary, upon the licorice root in
question until such time as the title is determined by legal
decision.
- 2.
- That the building leased by Avedikian be immediately evacuated
and given over to the possession of the lessee.
- 3.
- That telegraphic orders at once be sent directing the delivery
of the arms of the cavass to the United States consul at
Smyrna.
The arms of the cavass are the property of the United States and
their confiscation and retention aggravates the serious affront
which has been placed upon my Government by the arrest of its
servant.
I am confident that your excellency upon being fully informed as to
this grave incident will see the various errors which have been
committed by the Ottoman authorities in the province of Aidin, and
will appreciate the expediency of acting immediately upon the
moderate and reasonable demands herein presented.
Pending a thorough investigation of the circumstances of the
incident, and until such time as I may have ascertained the views of
my Government at Washington, I reserve the right to present further
demands for such reparation as my Government may deem proper.
Accept, etc.,
