File No. 367.54/22.

Ambassador Morgenthau to the Secretary of State.

No. 272.]

Sir: Referring to the Department’s telegraphic instruction No. 450 [459] of March 5 [4], 1915, in regard to the extension of good offices to Swiss citizens in Turkey, I have the honor to transmit herewith copies of the Embassy’s first note verbale on this subject to the Sublime Porte, and of its reply, in which it makes certain reservations with respect to the treatment to be accorded to Swiss citizens who reside in the Ottoman Empire. As soon as these reservations are accepted by this Embassy, appropriate instructions will, it is stated, be issued for the recognition of American diplomatic and consular officers in their protection of Swiss interests.

In the past, Swiss citizens have usually placed themselves under French or German protection. Until the entry of Turkey into the present war, Swiss citizens under French protection enjoyed all the rights possessed by French citizens, except that they occasionally had difficulties with the Ottoman authorities over the question of their right to own as Swiss citizens real estate in Turkey, or in the matter of obtaining mining rights, the Swiss Government never having adhered to the Protocol of 1869. The same rule holds good for Swiss citizens under German protection, as this Embassy has been informed that, at the present time, such citizens enjoy all the privileges of German subjects, except in regard to the ownership of real estate.

Since the entry of Turkey into the general war, practically all of the Swiss citizens in Constantinople who were formerly under the protection of the French consular authorities have been temporarily registered as under American protection. It is also possible that the course of events here might lead those Swiss citizens who are now under German protection to dissociate themselves from this in order to be considered under the protection of American consular officers.

[Page 1296]

It is possible that the principle proposed in the Porte’s note of March 22 may not be construed by the Ottoman authorities as having a wider bearing than upon the disputed question of the right of Swiss citizens to hold real property in Turkey. The Political Department of the Swiss Government recently informed this Embassy that it did not desire to press for a solution of this question at the present time. The Embassy has therefore replied to this note of the Porte, as per copy herewith enclosed, stating that without consulting the Swiss Republic it does not feel competent to discuss the proposed reservations with respect to the treatment to be accorded to Swiss citizens, and that it can consequently adhere only provisionally to this principle, pending the approval of the Swiss Government, and on the supposition that the Ottoman Government does not desire to accord to Swiss citizens under American protection a less favorable régime than that which they have enjoyed while under the protection of other embassies.

The Department is respectfully requested to submit copies of the correspondence conducted with the Sublime Porte on this question to the Swiss Government. In provisionally accepting the proposal of the Ottoman Ministry of Foreign Affairs, it has been the desire of the Embassy in order to avoid delay to secure temporary recognition of American diplomatic and consular officers as in charge of Swiss interests, so that whatever assistance should be necessary may’ be extended during the present emergency, without committing either the Embassy or the Swiss Government to any definite future attitude.

I have [etc.]

H. Morgenthau.
[Inclosure 1.]

The American Embassy to the Ministry of Foreign Affairs.

No. 209.]

note verbale.

The Embassy of the United States of America has the honor to inform the Imperial Ministry of Foreign Affairs that, at the request of the Government of Switzerland, it has been instructed by the Department of State to temporarily assume charge of the protection of Swiss interests in Turkey. This Embassy requests, therefore, that the Imperial authorities of the capital and the provinces be instructed to recognize American diplomatic and consular officers in that capacity.

[Inclosure 2—Translation.]

The Ministry of Foreign Affairs to the American Embassy.

No. 62803/59.]

note verbale.

The Ministry of Foreign Affairs has had the honor of receiving the note verbale which the Embassy of the United States of America addressed to it on March 9, 1915, No. 209, to communicate that its Government had, upon the [Page 1297] express desire of Switzerland, charged it with the temporary protection of Swiss interests in Turkey.

The Imperial Government would be disposed to consent to have Swiss citizens protected by the Embassy and the Consulates of the Republic under its jurisdiction, provided that these citizens enjoy the treatment of the nationals of the states which have concluded no treaty or convention whatever with the Sublime Porte.

The Imperial Ministry will not fail to recommend to the Sublime Porte to issue appropriate instructions to the Imperial Authorities of the capital and the provinces, when the Embassy of the United States will kindly adhere to the aforementioned principle.

[Inclosure 3.]

The American Embassy to the Ministry of Foreign Affairs.

note verbale.

The Embassy of the United States of America has had the honor of receiving the note verbale of the Imperial Ministry of Foreign Affairs of March 22, 1915, No. 62803/59, formulating certain reservations with respect to the treatment to be accorded to citizens of Switzerland who may place themselves under the protection of the American diplomatic and consular officers in the Ottoman Empire. While the Embassy does not feel competent to discuss any reservations without first consulting the Helvetian Republic, it supposes that the Sublime Porte has no intention of causing Swiss citizens to suffer in any way by the transfer of their protection from the embassies which previously have been, or which are still, watching over their interests to the American Embassy, and on this understanding will provisionally adhere to this principle pending the Swiss Government’s approval.