File No. 711.673/69
Chargé Philip to the
Secretary of State
No. 1070
American Embassy,
Constantinople,
March 9, 1916.
Sir: With reference to the Department’s
instruction No. 355 of November 4, 1915,2
instructing this Embassy to notify the Sublime Porte that the Department
cannot agree with the position taken by the Ottoman Government in the
matter of the unilateral abrogation of the capitulations, I have the
honor to state that after the receipt of this instruction, the Embassy
learned that the German and Austrian Embassies in this city had handed
back to the Porte the circular note verbale of
September 4, 1915, to which reference was made.
This Embassy first endeavored to follow the same course, but the Foreign
Office stated that as the German and Austrian Embassies had immediately
returned the notes, while some months had passed when this Embassy
suggested doing the same, it would therefore prefer not to receive it
back from the Embassy. A note based upon the Department’s instruction
was then prepared and sent to the Porte on February 19, as per copy
herewith. The Porte’s reply was received under date of March 7, and is
enclosed in copy and translation.
I have the honor to suggest that a short reply be sent to the Sublime
Porte, briefly reiterating the attitude of the American Government and
making the most ample reservations with respect to the future, and also
stating that this Embassy considers that the correspondence on this
matter is closed for the present.
I have [etc.]
[Inclosure 1—Note verbale]
The American Embassy to
the Ministry of Foreign Affairs
The Embassy of the United States of America has the honor to inform
the Imperial Ministry of Foreign Affairs that the contents of its
note verbale of September 4, 1915, No.
70748/183, concerning the attitude of the Sublime Porte with respect
to communications in which are invoked the rights and privileges
established by the capitulations, were duly brought to the knowledge
of the Department of State.
In conformity with instructions which it has now received from its
Government, the American Embassy has the honor to inform the
Imperial Ministry that the Department of State cannot agree with the
position taken by the Imperial
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Government in this matter; but, on the
contrary the Department holds that a convention by which one country
gives the right to exercise certain rights of sovereignty within its
territory to another country is absolute in its nature, and the
grantor, having parted with the rights unconditionally, cannot
resume their exercise except by a reconveyance or a formal consent
on the part of the grantee who is entitled to exercise them.
Extraterritoriality holds much the same relation to sovereignty over
persons that international servitudes hold to sovereignty over
territory. In both cases the unconditional grant of sovereign rights
cannot be abrogated without the assent of the grantee, the
owner.
The chief reason for obtaining the right of extraterritoriality is to
insure protection for the life, liberty and interests of the
nationals of one State while within the territory of the State
granting the right. If the surrender of extraterritorial rights
lessens such protection, a government cannot relinquish the right
without violating its manifest duty. As to whether the surrender of
the right will lessen the safety of its nationals within the foreign
territory, their government alone is in a position to decide.
Following the practice in similar cases with other countries in
which the United States exercised extraterritorial rights under
treaty, this Government will, upon the establishment of judicial and
administrative reforms in Turkey, consider whether they are of such
a character as to warrant the surrender of the extraterritorial
rights of such American citizens in the Ottoman Empire.
In conclusion, the American Embassy is further instructed to notify
the Imperial Ottoman Government that the United States will hold it
responsible for any injury which may be occasioned to the United
States or to its citizens, through any interference on the part of
the Ottoman authorities, with the extraterritorial rights possessed
by the United States and its citizens in the Ottoman Empire.
American Embassy,
Constantinople,
February 19, 1916.
[Inclosure 2—Translation]
The Ministry of Foreign
Affairs to the American
Embassy
In reply to the note verbale which the Embassy
of the United States of America was pleased to address to it on
February 19, 1916, No. 1218, relative to the action which would be
taken with respect to communications in which the rights and
privileges established by the capitulations should be invoked, the
Imperial Ministry of Foreign Affairs hastens to inform it that it
has to declare, once for all, that the capitulations have been
definitely and irrevocably abolished.
Without wishing to return, in any form, to the discussion of the
considerations which have led the Sublime Porte to decree this
measure, the Imperial Ministry feels that it must make the most
express reservations with respect to the allegations contained in
the aforementioned note verbale of the Embassy of the Republic.
Ministry of Foreign Affairs,
Constantinople,
March 7,
1916.
