File No. 4960/9–12.
Ambassador Leishman
to the Secretary of State.
American Embassy,
Constantinople
,
March 4,
1907
.
No. 197]
Sir: In my dispatch No. 190 of the 22d ultimo I
had the honor to inform you of my audience with the Sultan on that day
(inclosure No. 1) when His Majesty expressed his intention to consult
the grand vizier about our pending questions with a view to their
immediate settlement. I was informed by His Majesty that a definite
reply would be given me upon the following day, when the first dragoman
of the embassy was asked to call at the palace in order to receive it.
[Page 1047] The dragoman having
called was told by His Majesty’s first secretary, Tahsin Pasha, that it
would be necessary to make certain inquiries of the cabinet ministers, a
special meeting of whom had been called for February 26, and that the
reply would be forthcoming on February 27. In view of this I judged it a
favorable opportunity to send to the palace, in a Turkish translation
for transmission to His Imperial Majesty, a memorandum on cotton-seed
oil (inclosure No. 2), which I have added to our demands on the
regulation of the mission questions. While the questions of mission
properties and cotton-seed oil are of course entirely distinct, yet both
have arisen through the denial of equality of treatment guaranteed us by
the treaties, and involving as they do questions of principle, are both
of the greatest importance. I am therefore endeavoring to press for
their simultaneous settlement, whereas our other matters with the Porte
can properly be allowed to take their normal course.
On February 27 the embassy dragoman, calling at the palace, was again put
off until March 2, with positive assurances that no further delay would
occur. But on Saturady, March 2, he was informed that the promised reply
would be given on March 5.
Under the circumstances and in view of such repeated delays I have to-day
sent a memorandum to Tahsin Pasha, for immediate transmission to His
Majesty (inclosure No. 3). The embassy dragoman, who handed it
personally, returned with the positive assurance that the promised reply
will be given to-morrow, March 5. In any case, however, the purpose of
the memorandum will be answered in establishing responsibility for the
delay. As I have had the honor to inform you, our matters are now out of
the hands of the Sublime Porte and in the palace. And while I have
hitherto deemed it expedient to lay the entire blame for obstruction on
the Sultan’s immediate counsellors and thus to screen His Majesty, the
next few days will probably be enlightening as to the advisability of
longer showing such consideration.
I have, etc.,
[Inclosure 1.]
(Substance of Mr. Leishman’s conversation with His Imperial Majesty
on Friday, February 22, 1907. A copy of this in Turkish was left
with His Majesty.)
Certain difficulties have arisen that I find myself forced to bring
to the attention of Your Majesty, and I respectfully beg leave to
speak frankly to Your Majesty upon the matter.
The first concerns the question of equality of treatment of American
religious, educational, and charitable institutions in Turkey. On
August 13, 1904, the Sublime Porte, at the command of Your Majesty,
addressed a note informing me “que vu les relations cordiales qui
existent si heureusement entre les deux États il n’est jamais entré
dans l’intention du Government Imperial de traiter sur un pied
différentiel les écoles, les institutions, et les citoyens des
Etats-Unis dans l’Empire.”
All that is now demanded is the execution of this gracious promise of
Your Imperial Majesty.
After several years of patient effort upon the part of the embassy,
mazbattas recommending the change in tenure of titles of certain
properties belonging to American religious, educational, and
charitable institutions which have been in existence for many years
were finally sent to the palace for imperial sanction, but although
several months have since elapsed no action has yet been taken.
[Page 1048]
By the benevolent act of Your Imperial Majesty, religious,
educational, and charitable institutions throughout the Empire,
whether native or foreign, are exempted from taxation, and in order
to properly establish the ownership it is necessary to register the
title deeds in the name of the several institutions; and in order to
put the promise of Your Majesty into practical execution, placing
American institutions upon the same basis as other similar
institutions, the several departments have favorably recommended
such action to Your Majesty.
No request for the establishment of any new institution is embodied
in the present demand, as the matter in question concerns
institutions which have been in existence for many years, whose
legal existence was recognized in the settlement reached with the
Sublime Porte in August, 1904, and included in the list riled at the
request of the Sublime Porte in February, 1903, the request for
recognition of new schools, etc., subsequently established having
been applied for in the manner prescribed by Your Imperial Majesty’s
Government, which have been allowed to take their regular
course.
The second question concerns a case of discrimination against
American agricultural products.
Through some error of drafting the regulations of the “loi sur les
analyses chimiques,” a discriminating clause was inserted (art. 19)
which operates to the disadvantage of American cotton-seed oil,
which can not now be corrected without the express sanction of Your
Imperial Majesty.
All that is asked in this case is that cotton-seed oil, which is a
perfectly pure and wholesome vegetable product and admitted as such
in every country of the world, be placed upon exactly the same
footing as sesame and other similar oils.
I can not believe that Your Majesty would for a moment sanction the
action of any official withholding from American citizens the
equality of treatment guaranteed by treaties, and with full
confidence in the justice and wisdom of Your Imperial Majesty I
respectfully beg that imperial orders be issued that will cause the
prompt regulation of our pending affairs and prevent any further
discrimination in the future, as I would regret having to report to
my Government that the equality of treatment guaranteed by treaties
had been refused.
[Inclosure 2.]
memorandum on cotton-seed oil handed to his
excellency tahsin pasha, for transmission to his imperial
majesty february 26, 1907.
Cotton-seed oil, although a comparatively new product, is a pure and
healthy vegetable oil which has been Generally introduced within
recent years in all parts of the world, the higher grades being used
as a substitute for lard for cooking purposes as well as for General
domestic consumption, while the more ordinary grades are used for
soap and other manufactures.
Analysis as well as General use shows it to be as healthy as other
vegetable oils, and its purity as well as its cheapness recommends
its use in preference to the ordinary grades of butter.
As comparatively little cotton is grown outside of the United States,
with the exception of what is grown in the Ottoman Empire, where the
utilization of the seed has not as yet been introduced, cotton-seed
oil may very correctly be considered as a strictly American product,
and the official reports of the Agricultural Department show that
the world at large appreciates this new article of food.
Although this oil is largely used for the preservation of sardines
and other articles of food introduced into Turkey, the direct
importation has practically been prohibited by the regulations in
the proposed law relating to chemical analysis, which can only be
viewed as differential treatment and contrary to treaty
agreements.
The American Government has certainly no intention of raising any
objection to any action taken by the Imperial Ottoman Government
with a view of protecting its citizens from impure or unhealthy food
products, and in fact its own laws which prevent the sale of impure
or adulterated food are well calculated to assist His Imperial
Majesty’s Government in such a laudable action.
Of course it is well known that all vegetable oils, no matter how
pure they may be originally, may become rancid and unfit for
household use by long [Page 1049]
exposure to heat and other causes, but this should not operate
against them, as the same could be said of butter and other similar
products, and for this reason an inspection of all food products is
desirable and warrants the established practice of a chemical
examination at the port of entry.
The American Government asks for no special treatment and raises no
objection to the same requirements as to purity, etc., being applied
to cotton-seed oil as are specified for other similar oils. All that
is demanded is that cottonseed oil be admitted upon exactly the same
footing as sesame and other vegetable oils.
It is impossible for the embassy to comply with the request that 40
okes of cotton-seed oil be furnished for analysis, as no
importations have been permitted for over a year past, nor would
such a procedure appear necessary, as according to the regulations
mentioned each consignment is examined upon arrival, and inferior
grades intended for manufacture can readily be distinguished by the
accompanying documents, and may be treated with soda, potash, or
other suitable chemicals that will absolutely prevent its being used
for domestic consumption without injuring its use for manufacturing
purposes.
In view of the fact that in the Ottoman Empire the importation of
tinned fish is not restricted, although the main ingredient to
preserve these articles is cotton-seed oil, it would seem to
indicate that the restrictions imposed on this staple in Turkey are
directed specifically against its importation from the United States
and that the entry of an article preserved or even adulterated with
cotton-seed oil is permitted when shipped from other countries. It
is thus unnecessary to call attention to the inconsistency of the
claim that the present regulations have been made for sanitary
reasons.
[Inclosure 3.]
memorandum from the american ambassador to
his excellency the first secretary of the imperial
palace.
The American ambassador, on Friday, February 22 last, had the honor
of being received by His Imperial Majesty the Sultan, when he
brought to His Majesty’s personal attention the fact that certain
legitimate demands of his Government were withheld in spite of their
being strictly confined to rights and privileges guaranteed by
treaties and repeatedly reaffirmed by the Sublime Porte, where they
had been examined and approved by the competent departments. His
Majesty, with whom the ambassabor left copies of the correspondence
covering the matter in question, graciously expressed his intention
to see his highness the grand vizier with reference thereto upon the
following day, and the ambassador was asked to send the first
dragoman of the embassy to the imperial palace on Sunday, February
24, to receive a definite reply. Upon the appointed day the
dragoman, having called on his excellency the first secretary, was
informed that the promised reply would be given after the special
meeting of the cabinet ministers at the imperial palace on Tuesday,
February 26, and that he was to call at the palace on Wednesday,
February 27, to receive it. On Wednesday, however, the dragoman was
again put off until Saturday, March 2, with repeated assurances that
no further delay would occur. Calling on his excellency on Saturday,
he was informed that the promised reply would be given on Tuesday,
March 5.
The ambassador has too high a regard for the lofty sentiments and
high sense of justice of His Majesty and for the value of the
imperial promise to suppose that it has been the august sovereign’s
intention to delay this decision for a single instant. He can only
infer that the same influences which had already stood in the way of
these matters reaching the imperial person, have again interfered
and prevented the carding into effect of His Majesty’s promise.
In view, therefore, of his sincere desire to contribute to the best
of his ability toward continuing the friendly relations which have
so happily existed between the two Governments, and in order to
prevent any misinterpretation being placed upon this delay, the
ambassador begs his excellency the first secretary to at once lay
the contents of this communication before his august sovereign. The
ambassador would indeed deem himself remiss in the high charge
entrusted to him and would regard it as incompatible with the
feeling of deep respect he entertains for His Imperial Majesty, if
under the circumstances he failed to lay the full aspects of this
matter before his august person.
American
Embassy,
Constantinople
,
March 3, 1907
.
