Mr. Leishman to Mr.
Hay.
Legation of the United States,
Constantinople, June 16,
1903.
No. 111.]Sir: I beg to inclose herewith copy of two
notes which I have found necessary to address to the Sublime Porte
respecting the school and other matters, for which the legation has been
pressing for settlement for some time past.
There is not the slightest indication of an antagonistic feeling existing
against putting these matters into execution, either upon the part of
the Palace or the Porte, and if the numerous promises and statements can
be relied upon, the different matters will be favorably acted upon as
soon as the strained and congested state of affairs will permit.
The difficulties experienced by the legation of late in securing action
upon even the most trifling and unimportant matter are shared alike by
all the foreign missions, and the fact that the unsettled business at
present in the hands of the legation is not of a serious or necessarily
urgent character only renders it more difficult to obtain a settlement,
as practically everything must be submitted to the Sultan, who is, in
consequence of the present system, greatly overworked, and very
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naturally finds himself unable
to consider anything except matters of the greatest importance—to His
Imperial Majesty.
While good foundation exists for a general complaint, there is no reason
to suppose that the American Government is suffering from any particular
discrimination, as the European powers are experiencing an equal amount
of trouble, mitigated to some extent by their ability to bring the cases
to the personal attention of His Imperial Majesty.
I am in hopes that the action which I have now taken may result in
forcing a settlement of a number of the pending cases within the next
few weeks, but if not I will have to ask the Department for further
instructions, as I consider that I have gone as far as my ordinary
instructions will permit.
Trusting that my present action will meet with the Department’s
approval,
I have, etc.,
[Inclosure 1.]
Mr. Leishman to
the Sublime Porte.
Legation of
the United States,
Constantinople, June 10,
1903.
Your Excellency: I regret the necessity of
being compelled to file a most solemn protest against the
nonfulfillment of certain agreements concluded between the Sublime
Porte and the American legation.
The questions immediately at issue, as cited below, are beyond
controversy, having been amicably adjusted between your excellency
and myself, and instructions having been issued by the Imperial
ministry for foreign affairs to the proper departments to put them
into execution.
The first is the case of the Rev. Mr. Shismanian, a naturalized
American citizen of Ottoman origin, about whose nationality no
question can arise, as he was naturalized in America prior to the
promulgation of the Ottoman law of 1869, and whose change in
nationality has been officially recognized by the Imperial Ottoman
Government. Notwithstanding this fact, Mr. Shismanian has
experienced more or less trouble during the past year, his
nationality having been questioned upon several occasions by the
local authorities in the vilayet of Harpoot and Diarbekir, much to
the embarrassment of Mr. Shismanian.
About six weeks ago Mr. Shismanian reached Diarbekir on his way to
Hainey and other points in the quiet and peaceful pursuit of
inspecting the churches and schools in his missionary district, but
was detained at Diarbekir where he still remains, having been
restrained from proceeding to Hainey.
Upon learning these facts I immediately called to see your excellency
and was informed that instructions would be sent at once to the vali
at Diarbekir to recognize Mr. Shismanian as an American missionary
and permit his free travel to Hainey and other points, which
decision was transmitted to Mr. Shismanian through the American
consul. Despite this fact and the repeated assurances that your
excellency has given me during the past few weeks that renewed
instructions had been given to the proper departments to carry out
the agreement, Mr. Shismanian was not permitted to proceed on his
journey, and now I am advised by the American consul that not only
have the instructions of the Imperial ministry for foreign affairs
been disregarded, but that the vali of Diarbekir makes the statement
that he has received orders from the ministry of the interior
prohibiting Mr. Shismanian from going to preach at Hainey and other
points, at the same time charging Mr. Shismanian with having been
associated with the troubles at Koum-Capou.
This latter charge Mr. Shismanian most emphatically denies, and it
seems somewhat queer that such a charge should be advanced at this
late date about an inoffensive missionary who has been prosecuting
his religious work in the Ottoman Empire for many years past without
the slightest charge of any kind having been made against him.
If it can be proven that Mr. Shismanian was connected in any way with
the Armenian revolutionary movement and that his presence is
inimical to the interests
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of the Imperial Ottoman Government, the legation will not hesitate
to request him to leave the country, but it can not permit him to
rest under such a charge, and must insist upon the necessary proofs
being furnished, and in the meantime that he be permitted to proceed
on his tour of inspection as per agreement.
The second question is the case of Abdul Kader Mathaney, a
naturalized American citizen of Ottoman origin, at present
imprisoned in the Turkish jail at Tripoli.
It is scarcely necessary to enter into details, as the correspondence
between the Sublime Porte and the legation fully explains the case.
It is sufficient to say that said Mathaney, after having been
arrested by the American consul and after trial imprisoned for six
months in the American jail at Smyrna for an assault upon a woman at
Tripoli, was, after his release, rearrested by the Turkish
authorities at Tripoli and condemned to three years’ imprisonment in
the Turkish jail, where he is still confined in defiance of the
protest of the American consul.
On April 9 last the undersigned had an interview with your excellency
upon this subject, and it was finally agreed that your excellency’s
Government would send instructions to the local authorities to let
Mathaney free and place him in the custody of the American consular
agent upon the understanding that Mathaney would be notified that
unless he carried out his promise of returning to the United States
before the expiration of his present passport, which expires on the
7th of October, 1903, further recognition would be denied him.
This was at once communicated to the consul, but notwithstanding the
repeated instructions issued by your excellency the local
authorities have refused to comply with the orders and Mathaney is
still detained in prison, and I must now insist upon the agreement
concluded between your excellency and myself being carried out
without further delay.
The third question is the case of Madam Soolookjian, the wife of a
naturalized American citizen of Turkish origin residing in the
United States, for whom permission to emigrate has been
requested.
Mrs. Soolookjian came under the head of immediate families (i. e.,
wives and minor children) whom His Imperial Majesty the Sultan has
granted permission to emigrate, but notwithstanding the repeated
assurance of the Imperial ministry for foreign affairs that orders
had been issued to the local authorities to facilitate her
departure, the vali at Samsoun continues to withhold the necessary
teskereh, and I must ask that this be corrected at once and the vali
instructed to allow her to depart without further delay.
These questions can not be treated on the same basis as unfinished
business, and I must insist upon their immediate settlement, for
unless I can have the assurance that the Sublime Porte has the power
to put its agreements into execution it would seem useless for the
legation to attempt to continue conducting its negotiations in the
customary manner.
With hope that I may be favored with a prompt reply, I take this
occasion to renew, etc.,
[Inclosure 2.]
Mr. Leishman to
the Sublime Porte.
Legation of the United States,
Constantinople, June 15, 1903.
Your Excellency: It is now almost three
months since I had the honor of presenting to His Imperial Majesty a
list of certain pending cases which the Government of the United
States was desirous of having settled, and was authorized by His
Imperial Majesty to inform the President that in response to his
personal request orders would be issued to the proper departments to
promptly conclude a settlement of the school and other matters,
which promise I immediately communicated to the President.
A few days later I was informed by your excellency that instructions
had been received from the palace to favorably adjust the pending
questions with the legation without further delay.
Since that time I have been hoping from day to day that a settlement
would be concluded, but despite the oft-repeated assurances that the
affairs would be finished next council day, practically nothing has
been done up to the present time, and I have recently discovered
that not only has the council failed to take the slightest steps
toward putting the different matters into execution, but that a
decided disposition exists upon the part of certain officials to
annul and render void the gracious act
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of His Imperial Majesty granting permission to
the representatives of certain American universities to prosecute
research excavation work in the neighborhood of Bagdad.
Under these circumstances only one of the two alternatives appears
open to me, i. e., either to notify my Government that having
exhausted every ordinary means to have the agreements put into
execution I am compelled to report that I deem it useless to attempt
to prosecute the matters further through the ordinary channel or to
pursue the only other practical course left open, of appealing the
matter once more to His Imperial Majesty.
The high respect which I bear toward His Imperial Majesty and the
very friendly relations existing between the Sublime Porte and the
legation prompts me to adopt the latter course.
Consequently I pray your excellency to make known the contents of
this note to His Imperial Majesty the Sultan and beg His Imperial
Majesty to graciously grant me an audience in order that I may be
enabled to more clearly present the matter for his imperial
consideration.
With the hope that this interview may be arranged for at an early
date, I take this occasion to renew the assurance of my high,
etc.,
