File No. 711.673/49.
Ambassador Morgenthau
to the Secretary of State.
[Extract]
No. 115.]
American Embassy,
Constantinople,
September 11, 1914.
Sir: Referring to my telegram of September 10,
I have the honor to inform you that all the Embassies received yesterday
notification of the abrogation of Capitulations, of which I herewith
enclose a copy with translation. It naturally caused great excitement
amongst the Ambassadors, and through the help of the Italian Ambassador,
the representatives of the six Great Powers agreed upon an identic
protest to be handed to the Grand Vizier, of which I enclose a copy and
translation.
I declined sending a similar note, as I considered it entirely too weak
to suit our case, and preferred to make a much more vigorous protest
after receiving your instructions in answer to my above-mentioned
telegram.
It is well to remember in connection, with the matter that three of the
nations are already committed to consent to or assist in the procuration
of changes in the capitulatory arrangement: Austria, under Convention of
1909, when Bosnia and Herzegovina were annexed;
[Page 1092]
Italy, under Treaty of Lausanne 1912, by which,
under Article 8, they agreed to assist, etc.; France, under the recent
arrangement made in the Spring of 1914.
I have [etc.]
[Inclosure 1—Translation.]
The Minister for Foreign
Affairs to Ambassador Morgenthau.
No. 53699/89.]
Sublime Porte, Ministry for Foreign
Affairs,
Constantinople,
September 9, 1914.
Mr. Ambassador: The Imperial Ottoman
Government, in its sentiments of hospitality and sympathy towards
the subjects of the friendly Powers, had in former times determined
in a special manner the rules to which foreigners coming to the
Orient to trade there should be subject, and had communicated those
rules to the Powers. Subsequently those rules, which the Sublime
Porte had decreed entirely of its own accord, were interpreted as
privileges, corroborated and extended by certain practices, and were
maintained down to our days under the name of ancient treaties (or
Capitulations). Meanwhile these privileges, which on the one hand
were found to be in complete opposition to the juridical rules of
the century and to the principle of national sovereignty,
constituted on the other hand an impediment to the progress and the
development of the Ottoman Empire, just as they gave birth to
certain misunderstandings in its relations with the foreign Powers;
and thus they form an obstacle to the attainment of the desired
degree of cordiality and sincerity in those relations.
The Ottoman Empire, surmounting all resistance, continues to march in
the path of renaissance and reform which it entered upon in 1255 by
the Hatti-Humayoun of Gul-Hané and, in order to assure for itself
the place which was due it in the family of the civilized peoples of
Europe, it accepted the most modern juridical principles and did not
deviate from the program of supporting the edifice of the State on
these foundations. The establishment of the constitutional regime
demonstrates with what happy success the efforts of the Ottoman
Government in the way of progress were crowned.
However, as consequences deduced from the Capitulations, the
intervention of foreigners in the exercise of judiciary power, which
constitutes the most important basis of the sovereignty of the
State; the limitation of the legislative power, by the claim put
forth that many laws could not be applied to foreigners; the fact
that a criminal who has committed an offense against public security
is screened from the application of the laws on the sole ground of
his being of foreign nationality; or again the fact that public
action is compromised by the necessity of respecting in regard to
the foreign delinquent all sorts of restrictions and conditions; the
fact finally that, according to the nationality of the contracting
parties, a difference arising from a single contract admits of a
different forum and mode of procedure—all these facts and other
similar restrictive privileges constitute an insurmountable barrier
to all organization of tribunals begun with a view to assuring in
the country the perfect working of justice.
Likewise, that consequence of the Capitulations which renders
foreigners exempt and free from taxes in the Ottoman Empire renders
the Sublime Porte powerless not only to procure the necessary means
for providing for the carrying out of reforms, but even for
satisfying current administrative needs, without having recourse to
a loan. In the same order of ideas, the obstacles raised to the
increase of indirect taxes result in raising the quota of direct
taxes and in overburdening the Ottoman taxpayers. The fact that
foreigners trading in the Ottoman Empire and enjoying there all
sorts of immunities and privileges are less heavily taxed than
Ottomans constitutes at the same time a manifest injustice and an
infringement of the independence and dignity of the State. The
Imperial Government, in spite of all these obstacles, was zealously
pursuing its efforts at reform when the unforeseen outbreak of the
general war brought the financial difficulties in the country to the
last degree of acuteness, endangering the accomplishment of all the
work which had been begun or the undertaking of which had been
decided upon. Now the Sublime Porte is convinced that the only means
of salvation for Turkey is to bring into being this work of reform
and of development as soon as possible, and it is likewise convinced
that all
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the steps that
it takes in this direction will meet with the encouragement of all
the friendly Powers.
It is on the basis of this conviction that the decision has been
taken to abrogate, reckoning from October 1, 1914, the
Capitulations, which up to the present have constituted a hindrance
to all progress in the Empire, as well as all privileges and
toleration accessory to these Capitulations or resulting from them,
and to adopt as the basis of relations with all States the general
principles of international law.
While having the honor of communicating the present decision, which
as it is to open an era of happiness for the Ottoman Empire will for
this reason, I have no doubt, be received with satisfaction by the
American Government, I consider it my duty to add that the Sublime
Porte, inspired exclusively in its decision by the higher interests
of the Ottoman land, does not nourish, in abrogating the
Capitulations, any unfriendly thought in regard to any Power and
that it is quite disposed to enter upon negotiations with a view to
concluding with the American Government treaties of commerce on the
basis of the general principles of public international law.
Kindly accept [etc.]
[Inclosure 2—Translation.]
Ambassador Morgenthau to the Minister for
Foreign Affairs.
American Embassy,
Therapia,
September 10, 1914.
Highness: I have the honor to acknowledge
the receipt of Your Highness’s letter of the 9th instant by which
you kindly informed me of the decision taken by the Imperial
Government to suppress the Capitulations in Turkey from October 1st
next.
I will not fail to bring this decision and the considerations upon
which it is based to the knowledge of my Government, but I consider
it my duty at this time to point out to Your Highness, in
contradiction to the beginning of your statement, that the
capitulary regime, as it exists in Turkey, is not an autonomous
institution of the Empire, but the result of international treaties,
of diplomatic agreements and of contractual acts of various sorts.
This regime, consequently, cannot be modified in any of its parts
and still less be suppressed in its entirety by the Ottoman
Government except in consequence of an understanding with the
contracting Powers.
In the absence, therefore, of the arrival at such an understanding
before October 1st next between the Ottoman Government and my own
Government, it would be impossible for me to recognize executory
force, after that date, in the unilateral decision of the Sublime
Porte.