Mr. Leishman to Mr.
Hay.
Legation of the United States,
Constantinople
,
March 7,
1903.
No. 370.]
Sir: I beg to inclose herewith copy of
correspondence between Messrs. Post and Peet and the legation in regard
to the general school question, also copy of note to the Porte
accompanying list of schools.
It has been my endeavor from the beginning to secure, if possible, a
definite acknowledgment of the principle of equal treatment rather than
accept firmans for the schools already established, with merely implied
or tacit acceptance on the part of the Ottoman Government of the
principle.
* * * * * * *
Of course it would be much more satisfactory to have a clear and definite
expression from the Ottoman Government acknowledging the principle in toto, and I am still using every effort to
secure this, but it is always very difficult to get a clear and
unqualified expression from the Ottoman Government on any subject, and
should the Porte fail to comply and merely send a note similar to that
sent in the English case, granting imperial recognition to the schools,
hospitals, etc., already established, as per list furnished by the
missionaries, which is supposed to cover each and every institution, I
would not feel warranted [Page 748] in
pressing my demand further for recognition of the question in principle
without special instruction from the Department, for, while I have
assumed that the Department would approve my endeavoring to secure more,
I would not feel warranted in carrying this assumption to the extent
that it would sanction my pressing a demand for more than what has been
accorded to others.
Consequently I have only felt justified in assuring the representatives
of the missionaries in Turkey, Messrs. Post and Peet, that all I could
guarantee was that the Government would not accept less than what had
been granted to similar institutions under the protection of other
nations.
I have found it rather difficult at times to carry out the wishes of the
Department and at the same time please the missionaries and keep on
friendly terms with the Turks, but I am still in hopes of being able to
secure an adjustment that will prove satisfactory to all parties.
With the hope that my line of action will continue to meet with your
approval,
I have, etc.,
[Inclosure 1.]
Mr. Leishman to
the imperial ministry of foreign
affairs.
Legation of the United States,
Constantinople
,
February 25, 1903
.
Note verbal.]
In reply to the note verbale which the Sublime Porte has had the
kindness to address, under date of February 24, the legation of the
United States of America begs to advise the ministry of foreign
affairs that, while it can not change from the position assumed in
its note of February 6, it begs to inclose herewith as complete a
list as it has in its possession of the American educational,
charitable, and religious institutions established in the Ottoman
Empire which would be covered by the settlement in principle that
the Imperial Government recognizes and grants to any and all
American educational, charitable, and religious institutions
throughout the Ottoman Empire the same rights, privileges, and
immunities that have or may be granted to similar institutions
belonging to or under the protection of any other nation.
The legation is under the impression that the list inclosed is quite
complete, with proper allowance for any error or omission, but if,
alter the settlement of the principle involved, the Sublime Porte
should desire any further detailed information, the legation will be
most happy to place itself at the disposition of the ministry of
foreign affairs, and in case of any omission in the said list the
legation reserves the privilege to supplement and complete it
later.
[Inclosure 2.]
Messrs. Post and
Peet to Mr. Leishman.
Office of W. W. Peet,
Treasurer of the American
Missions in Turkey,
Bible
House, Stamboul
,
March 3, 1903
.
Sir: We have your communication of the 25th
instant, in which you say that you have filed at the Porte a list of
American institutions in Turkey “in response to the further request
evidenced in the note verbale of the ministry of foreign affairs of
the 24th instant,” and in view also of the fact that you have
ascertained that both the French and English embassies filed a list
at the time of making their demand.
We also note that you continue to maintain your demand, “that we
desire the matter settled in principle.”
The filing of the list has always been associated in our minds with
the procuring of permits for individual institutions, a step subject
to all the delays that the procuring [Page 749] of information from the various localities
entails. If, therefore, our attention and that of the legation, so
far as it is bestowed upon this case, is now directed to this
feature, the greater and more important question will be likely to
be obscured or wholly lost sight of. So great is our anxiety on this
point, in view of our instructions from our committee in the United
States, that we can not refrain from pointing out that the demand as
embodied in your note to the Porte of September 26, 1902, in which
the case was opened, and your subsequent note of February 6, 1903,
in which the former demand is reiterated, makes no request for
permits or concessions for individual institutions, but simply asks
for the grant in general terms, like, for example, that accorded to
France in November, 1901.
We have been assured by competent authority that all the then
existing French institutions in Turkey were on a certain day in
November, 1901, by a single Imperial edict, transformed from
unauthorized institutions to those recognized as fully authorized
and legally established. These same institutions were the day before
wholly lacking in the eyes of the Government any form of
authorization whatever.
To obtain a recognition and legalization at all commensurate with
that which was then conferred is usually attended with great expense
and vexatious delays covering years in duration. Regulations and
laws, so called, are cited as requiring fulfillment, local bureaus
and departments require to be consulted and satisfied, but in the
case referred to we see all these requirements overridden and
Imperial recognition granted, and a legal status admitted to all the
institutions of a nation “en bloc” when at the time these same
institutions we know were wholly lacking any form of local or
governmental authorization whatever.
The test for admission into the category of institutions so
recognized as legal by the highest authority in the Empire was
simply that of existence at the moment as a French institution.
Whether or not the Porte was in possession of a complete list of the
institutions on which His Majesty the Sultan was conferring a
peculiar and unique rank, and from a governmental standpoint, a
legal existence which hitherto had been unrecognized, it is certain
that the grant refers to no detailed list of the individual
institutions to which it applies, but comprehends all existing
French institutions. And furthermore, the terms of the grant show
that on its issuance the provincial authorities were notified to the
effect that all French institutions had had their disabilities
removed and were henceforth to be reckoned as legally established.
The grant as it has been officially confirmed to us is in substance
as follows:
“By a letter written in virtue of an Imperial Iradé mentioned in that
letter, the Ottoman minister for foreign affairs declares that the
Porte, after having acceded to our first demands accepts the new
demands of France, viz:
- “‘(1) Recognizes the legal status of our existing schools,
and grants them the customs immunities stipulated in the
treaties and conventions in force.
- “‘(2) Recognizes the legal existence of our present
charitable and religious establishments, and grants them
exemption from the land tax, and the customs immunities
stipulated in the treaties and conventions in force.
- “‘(3) Authorizes the construction, repair, or enlargement
of the scholastic, charitable, or religious establishments
damaged or destroyed during the events of 1894, 1895, and
1896 in Asiatic Turkey and at Constantinople.
- “‘(4) Undertakes to regard as fully and legally authorized
the foundations, enlargements, constructions, and repairs we
may desire in the future to effect, if, after being warned
of our intention, the Imperial Government has not raised
objections within the delay of six months.’
“Moreover, the documents proving that the decisions enumerated above
are put into execution have been communicated to the French embassy
in Constantinople.”
To obtain for the American institutions in the Turkish Empire a grant
equal to that conferred by His Majesty upon the similar institutions
of France in November, 1901, is to our minds the first step to be
taken in this matter. We have, therefore, learned with satisfaction
through your note to Doctor Post, February 20, that the council of
ministry has passed favorably upon this matter, sending their
decision to the Palace for Imperial sanction, and that you have
asked for an audience of His Majesty.
Will it not be possible to hasten this and to make it, when obtained,
the opportunity for asking that this feature of the case be
satisfactorily completed? We have good reason for asserting our
belief that our Government will extend to you in the endeavor to
obtain this its powerful influence and help, and to secure this end
we will continue to use what influence we can command through our
friends at home.
Yours, faithfully,
-
George E. Post.
-
William W. Peet.
[Page 750]
[Inclosure 3.]
Mr. Leishman to
Mr. Peet.
Legation of the United States,
Constantinople
,
March 4, 1903.
Sir: I am just in receipt of the joint
letter of Mr. Post and yourself, dated March 3, in regard to the
demand which has been made for the imperial recognition of American
educational, charitable, and religious institutions in Turkey.
The suggestions contained in your letter (being practically a copy of
the French demands) have already been incorporated in the demand
submitted by the legation to the Sublime Porte, and although the
list of American institutions prepared by Doctor Post and yourself
was finally submitted to the Porte in accordance with established
precedent, care was taken by the legation to protect as far as
possible the settlement of the question in principle.
Every effort is being made to secure the realization of your utmost
desires and also a prompt settlement, but possibly the Ottoman
Government may set up the claim that the legation is asking for more
than what has been conceded to the French and other embassies, in
which event, should the claim prove to be well founded, the American
Government may not consider itself warranted in supporting a demand
for more than that has, been accorded to others.
One thing, however, you may rest assured of, and that is that the
American Government will not accept less than what has been granted
to similar institutions of other nations.
I am, etc.
