Minister Leishman
to the Secretary of State.
American Legation,
Constantinople, October 20,
1905.
No. 1180.]
Sir: Referring further to my several dispatches
regarding Charles Vartanian and Hovhanes Afarian, two naturalized
citizens of Ottoman origin arrested by the Turkish police for the murder
of a rich Armenian merchant at Constantinople who had refused to
contribute money for the revolutionary movement, I beg to inclose a
clipping from to-day’s issue of the Levant Herald, showing that despite
our protests and the promises of the imperial minister for foreign
affairs that all proceedings would be stayed the above-mentioned men
were taken to the criminal court at Stamboul yesterday, where they were
tried and condemned, the former, who was the principal, to death, and
the latter, as an accomplice, to fifteen years’ imprisonment at hard
labor.
No doubt exists as to the guilt of the men, and they richly deserve the
punishment to which they have been condemned, but this does not dispose
of the important question of principle which the case involves, and
unless the government is prepared to practically abandon its right to
protect American citizens of Ottoman origin who return to Turkey it
seems to me that under all the circumstances the demand for their
surrender to the custody of the consulate must be insisted upon, even if
in order to enforce the demand it should be found necessary to adopt
extreme measures.
As this matter has already been fully explained in my previous
dispatches, it is scarcely necessary for me at this time to enter into
further details, and pending the receipt of the Department’s
instructions
[Page 895]
asked for in my
dispatch No. 1160 of September 13, I have not felt warranted in taking
any more aggressive action than the filing of a formal protest.
I have, etc.,
[Inclosure.—Translation.]
Minister Leishman to the Minister for
Foreign Affairs.
American Legation,
Constantinople, October 20, 1905.
Your Excellency: It appears from the
semiofficial publication in to-day’s local newspapers that the
understanding reached with your excellency regarding the case of
Charles Vartanian and Hovhanes Afarian has not been respected, these
two men having been taken late yesterday afternoon to the criminal
court at Stainboul, where they were tried and condemned by the said
court on the charge of killing one named Apik Effendi Oundjian, the
former to death, and the latter to fifteen years’ hard labor, no
notice evidently having been taken of the arrangement concluded
between the Sublime Porte and the legation that all proceedings in
this case would be stayed until our respective governments should
have reached a definite agreement upon the final treatment of the
case.
The views of the legation on the subject of the detention of the said
individuals by the police authorities, as well as on the matter of
jurisdiction have clearly been presented to the imperial ministry
for foreign affairs by my notes Nos. 590, 595, 598, 599, and by my
several verbal communications.
I therefore have to protest most formally against these proceedings
and against the above-mentioned conviction of Charles Vartanian and
Hovhanes Afarian, the validity of which the legation is unable to
recognize, and consequently must again insist upon all execution of
judgment or proceedings against these men being stayed until our two
governments shall consider and agree on the treatment of the
case.
Under these circumstances I trust your excellency will at once cause
the necessary instructions to be issued to the proper Department
that will insure all further proceedings being stayed until such
time as the Sublime Porte and the legation shall have reached a
definite understanding, as otherwise the responsibility for the
failure to respect the very just and reasonable demands of the
American Government must rest entirely with the Imperial Ottoman
Government.
I take, etc.,
