Mr. Leishman to Mr.
Hay.
Legation of the United States,
Constantinople, September 3,
1902.
No. 268.]
Sir: I beg to inclose herewith copy of a note
received from the Sublime Porte in regard to Article IV of the treaty
(of 1830) together with copy of my reply, which I trust will meet with
your approval.
I have, etc.,
[Inclosure 1.]
The Sublime Porte to
Mr. Leishman.
Note verbale.]
Ministry of Foreign Affairs, August 21, 1902.
By its note verbale of January 2, 1901, the ministry of foreign
affairs transmitted to the legation of the United States of America
a list containing the names of those American citizens who, being
charged with various offenses, are protected from judicial
prosecution by reason of the difference of views existing between
the two Governments relative to the interpretation of Article IV of
the treaty of 1830, and once more emphasized the necessity of
putting an end to this difference.
The said note has hitherto remained unanswered, and it appears from a
recent communication to the Department of Justice that the United
States consul still continues to decline to notify the said American
citzens of the summonses to appear which have been issued against
them by the Ottoman courts, and thus wholly to obstruct the action
of justice.
Thus it is that the judicial steps recently taken against Ernest
Salomon, an American citizen, residing in Timoni street, who is
charged with having beaten And wounded one Yaco, have been entirely
fruitless.
As the Imperial ministry has already stated at length in its
preceding communications the reasons which render it incumbent upon
it to put an end to a situation which is so incompatible with the
incontestable right of the Imperial Government, it deems it
unnecessary to take up this matter again. Confiding in the
sentiments of justice which actuate the United States legation, it
feels convinced that said legation will itself recognize the
necessity of finally reaching an understanding on this subject, and
that it will take the necessary measures in order that this question
may, without further delay, be settled in accordance with the
principles of law and wdth the spirit of the treaties that have been
concluded by the American Government with the Sublime Porte.
[Inclosure 2.]
Mr. Leishman to
the Sublime Porte.
Legation of the United States,
Constantinople, September 2, 1903.
Note verbale.]
In reply to the note verbale of the Sublime Porte dated August 21,
1902, the legation of the United States of America has the honor to
advise the Imperial ministry
[Page 1050]
of foreign affairs that it does not consider
itself competent to make any alterations or modifications in the
terms and conditions of the solemn agreements entered into between
the Imperial Ottoman Government and the Government of the United
States of America, as evidenced by the treaty concluded by the two
Governments under date of 7th May, 1830, nor can it change or modify
the interpretation already given by the Department of State.
Consequently the legation is unable to instruct the United States
consulate-general and the several consulates to deviate from the
construction placed by the United States Government on Article IV of
the treaty of the above mentioned date, and from the position which
it has always maintained, and which position is well known to the
Imperial Ottoman Government.
This legation desires here to point out that the United States
consulate-general and consulates in Turkey, in declining to serve on
United States citizens warrants or summonses to appear in Ottoman
criminal or correctional courts, are not prompted by any spirit of
infringing the action of justice. In the same way that the United
States consular courts are ready to hear criminal or correctional
actions against Americans accused and prosecuted by American
citizens or other foreigners, so are they ready to hear such actions
if the accused Americans are prosecuted by the Imperial Ottoman
Government or by Ottoman subjects appearing as partie civile. And
the Sublime Porte may be sure that in case such accused American
citizens should be found guilty they will be convicted and punished
according to the provisions of American law.
As a general principle, the legation can not consider for a moment
the waiving of any of the rights and privileges enjoyed by the
citizens of the United States. But in order to avoid if possible the
friction which constantly arises, it would respectfully suggest the
advisability of the imperial Ottoman Government instructing its
representative at Washington to take the matter up direct with the
Department of State, with a view of arriving at a solution
satisfactory to both Governments.
