Office of the Historian

File No. 10044/225–229.

Ambassador Leishman to the Secretary of State.

American Embassy,
Constantinople, May 12, 1909.
No. 965.]

Sir: I beg to inclose herewith for the information of the department copy of correspondence exchanged with the consul general in reference to an order recently issued by the military commander of Constantinople regarding the question of firearms.

While the action of the military commander in disarming the population must naturally be considered as a very proper measure, as the general arming of the masses since the establishment of constitutional government has contributed largely to recent troubles, particularly in the provinces, I am confident that the department will approve the position assumed by the embassy in the matter, as it would be establishing a very dangerous precedent to admit that proclaiming a state of siege could change or alter in any way the rights guaranteed to American citizens by treaties.

From what I can learn the chances of any of our citizens being molested are rather remote, but one must always be prepared for emergencies, and I have further stated to the consul that, in the event of the military authorities insisting upon American citizens being disarmed, it must be done by the consuls and not by the local authorities, and the arms stored in the consulate, and that if any registration be done it must be with the consulates, as we can not recognize any Turkish jurisdiction over American citizens.

The French ambassador has assumed the same position, but the representatives of the other powers appear disposed to accede to the demands to a greater or less extent, although they may later on be compelled to change their attitude; for although they might permit their people to submit themselves to the matter of registration, etc.—as no other power insists upon the right of sole jurisdiction over their nationals—it would be difficult in practice for the military authorities to enforce the registration as far as the possession of arms is concerned without interfering with the sacred right of inviolability of [Page 575] domicile, and this I do not believe that any foreign Government will agree to.

It is difficult to predict how long the state of siege will be continued, but judging by a few remarks dropped by the military commander I infer that it will be some time before it is raised, and in the meantime I can only hope that our people will exercise sufficient care to avoid unfortunate incidents.

I have, etc.,

John G. A. Leishman.
[Inclosure 1.]

Ambassador Leishman to Consul General Ozmun.

American Embassy,
Constantinople, May 10, 1909.

Sir: Referring to our recent conversation, I beg to inclose herewith copies of letters addressed to the embassy by Dr. Vivian and Mr. Peet in reference to the recent order issued by the military commander regarding firearms.

While the published orders appear to be quite general, I am inclined to be lieve that in the application no effort will be made to interfere with the carrying of revolvers by the watchman employed at the girls’ college at Scutari, or other similar institutions; but in the event of these being asked to register themselves or to take out a permit, it would be difficult for the consulate to raise any objection in view of the fact that the aforesaid watchmen are not American citizens.

While our people should exercise tact and take every precaution to avoid a controversy with the military authorities, we can not for a moment admit that the declaration of a state of siege can alter or affect in any way the rights guaranteed to American citizens by existing treaties, and in case you should experience the slightest difficulty in maintaining this position, if you will bring the matter to the attention of the embassy I will at once take up the question with the Sublime Porte.

I am, etc.,

John G. A. Leishman.
[Inclosure 2—Translation.]

official notice.

Mahmoud Chevket Pasha, commanding the army of occupation, requests all the inhabitants of the places declared in a state of siege who are carrying or who have in their houses prohibited arms of any kind to carry them to the nearest police station in Constantinople and to the commanders of the army in the sand jacks, and to deliver them to the above authorities against a receipt.

At the expiration of this time, viz, five days from date, any persons who may be found with arms or ammunition in their possession, either on their persons or in their houses, will be considered as disturbers of public order and punished as such by court-martial.

Nissan, 21, 1325.
(May 5, 1909.)