Minister Leishman
to the Secretary of State
.
[Extract]
American Legation,
Constantinople
,
March 6,
1906.
No. 1310.]
Sir: I beg to inclose herewith, for the
information of the department, copy of a circular note issued by the
Sublime Porte preparatory to the promulgation of the new stamp law.
While the proposed law, which has been under discussion for the past
year, has been materially modified, and many of the objectionable
features eliminated, I have, in furtherance of the policy already
outlined to the department, notified the minister for foreign affairs
that the legation was not in position to recommend its acceptance on
account of the failure of the Sublime Porte to put its numerous promises
and agreements into practical execution. (See copy of legation’s note to
the Porte inclosed herewith.)
I can already see signs of activity at the Porte which lead me to believe
that we may expect favorable action upon a number of our pending cases
in the very near future.
I have, etc.,
[Inclosure 1.—Circular note
verbale.—Translation.]
The Minister for Foreign
Affairs to Minister Leishman
.
Sublime Porte,
Constantinople
,
February 26, 1906.
The imperial ministry for foreign affairs has the honor to forward
herewith to the legation of the United States, with its French
translation, the modified text of the stamp law which has just been
sanctioned by an irade of His Imperial Majesty the Sultan.
As the legation of the Republic will be good enough to notice on
reading this text, the modifications which have been introduced pay
great attention to the suggestions made by the foreign missions in
their last identic note verbale.
The Imperial Government has also caused to be eliminated from the
text of the said law the Nos. 96 and 115 of the tariff of fixed
rates concerning the stamps to be affixed to signboards and playing
cards. After careful examination of the opinions brought forward the
Imperial Government is, however, still of the opinion that the taxes
pertaining to it would not have constituted a license tax, or a
surcharge on the customs duties, but in fact a real stamp tax, such
as is understood and practiced in many other countries.
[Page 1399]
Hoping, therefore, that a further examination of these points will
induce the foreign missions to admit its true character, the Sublime
Porte does not insist any further under present circumstances, and
reserves for itself to make this the occasion of a distinct
proposition in the future.
In regard to the stamp called “of the Hedjaz Railroad,” the imperial
ministry, basing itself upon its previous communications upon this
subject, begs to declare that considering the temporary character of
this stamp and the humanitarian object to which its proceeds are
destined, it appears to it inopportune to connect this point to the
stamp law; and it hopes that the foreign missions will kindly agree
to its point of view in this matter.
They (the foreign missions) will kindly notice also the additional
provision to article No. 21 and the total suppression of article 26,
which could not, however, as has been previously explained, have in
view any but Ottoman companies.
By this additional provision and this suppression the Imperial
Government has wished to avoid any misunderstanding and to do away
with the idea of a possible differential treatment.
No. 50 of article 28 in the text of the law has been changed
according to the spirit of the desires expressed by the foreign
missions. The verifications mentioned in chapter 6 of the law being
essential for the safety of its execution, the Imperial Government
has not been able to introduce any modifications.
However, in order to give the missions concerned the possibility of
examining this important question, the Imperial Government has
transmitted to the administration of the public debt orders not to
put these measures into execution with regard to foreign
establishments until a complete agreement be arrived at on this
subject.
Consequently the imperial ministry considers it its duty to reserve
this point for further discussion with the firm hope that the United
States legation will then admit the justice and utility of he
verifications.
The preceding explanations show sufficiently the scrupulous care that
the Imperial Government has taken to take into account the
suggestions made by the foreign missions in regard to the
modifications to be introduced in the text of the law 1322.
[Hegira.]
The ministry hopes that the United States legation will appreciate at
its proper value the modifications so introduced, and that it will
be good enough to insure its execution as far as it is concerned
within the period prescribed in article 81 of the law.
P. S.—The printing of the inclosures not being yet finished, they
will shortly be transmitted to the United States legation under
separate cover.
[Inclosure 2.—Note
verbale.]
Minister Leishman to the Minister for
Foreign Affairs
.
American Legation,
Constantinople
,
March 3, 1906.
The American legation has the honor to acknowledge the receipt of
circular note verbale issued by the imperial ministry for foreign
affairs, under date of February 28, 1906, No. 64311/18, relative to
certain modifications which the Sublime Porte desires to introduce
into the present stamp act.
As it appears from a supplement of above-mentioned note that the
matter is not yet in shape to present to the foreign missions for
approval on account of the delay in printing, the legation is not in
a position at present to express an intelligent opinion of the
proposed measure from an academic standpoint; and even if the text
of the proposed act was at hand, the legation could not consistently
recommend to its Government the granting of favors while the rights
of American citizens and institutions are being withheld.
The legation therefore, notwithstanding its good will and kindly
disposition, is prevented from recommending to its Government the
granting of favors such as this or the proposed increase of 3 per
cent in the customs duties until such time as the numerous
undertakings of the Sublime Porte are put into practical execution,
and American citizens, commerce, and institutions are treated upon
exactly the same basis as those of the most-favored nation.
[Page 1400]
Under these circumstances the legation has to inform the Sublime
Porte that in the absence of a previous agreement with the American
Government any attempt upon the part of the Imperial Ottoman
authorities to apply the proposed stamp act or any other increased
duty whatsoever to American citizens, commerce, or institutions will
be regarded as a violation of treaty rights, and the legation takes
this occasion to lodge a formal protest with the Sublime Porte
against any such action.
