File No. 367.11/146.
The American Ambassador to
the Secretary of State.
No. 481.]
American Embassy,
Constantinople,
April 29, 1913.
Sir: Referring to the Embassy’s despatch No.
429 of February 24, 1913, on the subject of requisitions for war
purposes, I have the honor to enclose herewith a copy and translation of
the Porte’s reply [Enclosure 4] to the note verbale identique therein
transmitted; also copies and translations of notes exchanged between the
diplomatic missions and the Porte in regard to the occupation of
foreigners’ houses at San Stefano by Ottoman troops.
I have [etc.]
[Inclosure 1—Circular
notice—Translation.]
The Ministry for Foreign
Affairs to the American
Embassy.
At the request of certain foreign missions, the Ministry for Foreign
Affairs had sent the necessary communications to the Imperial
Departments of War and the Interior for the safeguarding of the
furniture, as well as articles of value, found in the houses at San
Stefano belonging to foreign subjects where soldiers were to be
lodged.
In the meantime, the military authorities have informed the
Department of the Interior that, in view of the needs of the army,
it has been decided to lodge the troops in the unoccupied houses of
the locality, but that in order to protect the articles of furniture
found there they have ordered that they be placed in a room under
seal in the presence of the members of the municipality, the Mouktar
and the gendarmes. The said authorities add, however, that if the
foreign missions desire it they may send a delegate from their
consulates in the cases in which foreigners are interested.
Sublime Porter Ministry for Foreign
Affairs,
Constantinople,
March 4,
1913.
[Page 1343]
[Inclosure. 2—Identic note verbale.]
The American Embassy to
the Ministry for Foreign Affairs.
American Embassy,
Constantinople,
March 8, 1913.
The Embassy of the United States of America has had the honor to
receive the circular notice of the Imperial Ottoman Ministry for
Foreign Affairs of March 4, 1913, concerning the requisition of real
property at San Stefano.
The Embassy reserves the question of principle relative to the
legitimacy of this measure from the point of view of the treaties in
force.
At any rate it could not admit that in a case, as important as the
occupation by troops of houses belonging to foreigners, the
inviolability of which is consecrated by express stipulations, the
Imperial authorities could of themselves decide the matter without
previous agreement with the diplomatic missions.
The Embassy of the United States consequently feels obliged to
protest against this proceeding, and to make the most formal
reserves in regard to the damages and losses which will result from
it for those within its jurisdiction; and declares that from this
moment it holds the Imperial Government responsible for the
reimbursement of the amount of the damages caused in this
connection.
The Embassy of the United States of America regrets that consular
assistance, which was provided for in the last paragraph of the
above-mentioned notice, and which constitutes not a concession but
an unquestionable right, has not been required at the proper time in
all the cases which have arisen up to the present.
[Inclosure 3—Circular note
verbale—Translation.]
The Ministry of Foreign
Affairs to the American
Embassy.
Sublime Porte,
Ministry for
Foreign Affairs,
Constantinople,
April 21, 1913.
The Ministry for Foreign Affairs has had the honor to receive the
note verbale identique which the American Embassy addressed to it on
the 8th of March last, in regard to the requisition of property at
San Stefano belonging to American citizens.
The Commander-in-Chief ad interim of the Imperial Army, upon being
informed of this step, calls attention to the fact that in time of
mobilization the lodging of troops in the villages where they happen
to be is provided for by the Ottoman law, as also by the laws in
force in all countries, without this fact entailing the obligation
of indemnifying the inhabitants.
The installing of troops in the houses at San Stefano took place by
virtue of this rule. The foreign proprietors, who are in questions
of real estate assimilated to Ottoman subjects, could not, owing to
this fact alone, as well as considerations purely humanitarian,
claim an exceptional treatment.
The Imperial Ministry feels obliged to point out that, always
solicitous to safeguard foreign interests as far as possible, the
Imperial Government decided to have recourse to this measure only
when the rigors of winter made themselves felt to an extreme
degree.
In bringing what precedes to the knowledge of the American Embassy,
the Imperial Ministry is persuaded that it will kindly recognize
that there is in this matter a case of force majeure and that,
consequently, the Imperial Government could not be held to pay to
foreign proprietors in the above-mentioned village an indemnity on
the ground of the occupation of their houses.
[Page 1344]
[Inclosure 4—Circular note
verbale—Translation.]
The Ministry for Foreign
Affairs to the American
Embassy.
Sublime Porte,
Ministry for
Foreign Affairs,
Constantinople,
April 23, 1913.
The Imperial Ministry for Foreign Affairs has received the note
verbale which the Embassy of the United States of America addressed
to it the 22nd of February, 1913, in regard to the requisition for
the needs of the war of horses and vehicles belonging to foreign
subjects.
The Imperial Ministry regrets that it is unable to alter the
conclusions expressed in the previous communications on this
subject.
In fact, requisitions in the interests of national defense are of an
urgent nature and therefore do not permit of consular assistance.
Such a method would be impracticable, which the American Embassy in
its sentiments of high impartiality will indeed admit.
As for the payment of the compensation for animals or objects
requisitioned, the Imperial Ministry hastens to inform the Embassy
that the system previously adopted is modified in the sense that the
Imperial Ministry of Finance will make the said payment in cash to
the interested parties at the end of the war.
