File No. 367.116/508

The Chargé in Turkey (Philip) to the Secretary of State 1

No. 1482

Sir: I have the honor to transmit herewith copy and translation of a signed note from the Minister of Foreign Affairs dated June 26, 1916, No. 83943/182, in which he replies to my two notes of May 29 and June 5, concerning American affairs in general and especially the American institutions at Marsivan, which have already been forwarded to the Department. I have the honor to refer the Department in this connection to my telegram No. 1923 of June 30.2

I have [etc.]

Hoffman Philip
[Enclosure—Translation]

The Turkish Minister of Foreign Affairs (Halil) to the American Chargé (Philip)

No. G 1.83943

Mr. Chargé d’Affaires: I have received the two notes which you addressed to me on May 29 and June 53 relative to the American institutions at Merzifoun [Marsivan] and elsewhere, as well as to certain other matters concerning Americans.

In reply I hasten to inform you that no properties belonging to American missions have been seized in the Empire. If some of them have been temporarily occupied by the Imperial authorities, this occupation took place as a result of the imperative necessities of the state of war for the needs of the Army; but this act is not in the nature of a seizure or confiscation. Although the Imperial Government had the right, as every state at war, to occupy all property for such purpose which may be necessary for the military authorities, it nevertheless avoided as much as possible making use of the properties of American missionaries. It was only when the military authorities pointed out the absolute necessity that they were occupied. Moreover, as soon as I learned of this necessity I did not fail, out of deference to the American Government, to inform you thereof, especially to explain to you what would take place. Well anticipating the desires of the Embassy of the United States of America, the Sublime, Porte instructed the military as well as the civil authorities to proceed to this occupation with all necessary courtesy and in a manner to cause the missionaries the least possible disturbance. It recommended, amongst other things, to avoid the taking of houses used as residences, to permit the missionaries [Page 842] to remove their personal effects, to abstain from all acts contrary to courtesy towards them, and to find proper buildings for the orphans entrusted to their care. The Imperial Ministry did not fail to supplement these instructions with a view to the wishes of the Embassy of the United States expressed to it later, as I informed you verbally.

If before the arrival of these instructions some officials were able, in spite of the formal desire of the Sublime Porte, to act contrary to their tenor, this fact—which the Imperial Government is the first to regret—can in no case be attributed to an evil intention; but only to the confusion which may have existed as a result of the abnormal situation which war produces in every country. I had told you, moreover, at one of our interviews, that if there took place at Merzifoun [Marsivan] and elsewhere, before the arrival of the instructions from the Government, events which may not be in conformity with the latter, no importance should be attached to them, and you had promised to take this remark into consideration. Besides, I did not fail to ask for information on the subject from the competent authorities, laying stress upon the necessity of making reparation as far as possible, in the sense of said instructions, for every act in contravention thereto.

Of the missionaries who arrived in Constantinople, the Misses Gage and Sbindon were authorized to return according to the desire expressed by them. As regards the three others, their request forms the object of a correspondence between the competent departments. I shall communicate to you the result thereof as soon as it is known. Moreover, the Governor General of the vilayet of Angora had received telegraphic instructions to invite these missionaries, while on their way, to return to Merzifoun [Marsivan] if they so desired; but as the latter had taken a different route to come to Constantinople, communications in this sense could not be made to them in the course of their journey. The above statement will amply suffice to prove that the Imperial Government not only had no intention of injuring the interests of American missionaries, but that it did everything to safeguard them so far as present circumstances permit it.

As regards the consulates of enemy states the Imperial Government decided at the beginning of the hostilities that, although consulates do not according to international law enjoy the privileges of exterritoriality, they should be respected and, in case the occupation of the buildings where they were should become necessary, the preservation of their archives should be assured by putting them in rooms properly sealed. Unfortunately this was not the attitude of the belligerent states with regard to Ottoman consulates. Thus the consulate at Uskub was violated in Serbia when the incumbent was still there, and when the representative of His Imperial Majesty in Serbia had not yet left his post.

Likewise in Russia, the authorities not only seized everything in the Imperial consulates, including the archives, telegraphic codes, even personal effects, documents arid money of the consuls; but they subjected the latter to the worst treatment. Even the Ottoman consulates in neutral countries were not spared, as the Embassy of the United States was informed by the notes of protest which my Department addressed to foreign missions on this subject. The Imperial consulates in Persia and, quite recently, the Consulate General at Saloniki had the same fate.

If therefore the Imperial Government believed itself justified, as a measure of reprisal, in departing from the line of conduct which it had adopted in the beginning, the responsibility rests entirely with the enemy states who first attacked its consulates. We therefore expect of the enlightened appreciation of the Embassy of the United States that it will recognize this point which is indisputable. Moreover, I believe it my duty to point out here that the conduct of the Government in this instance is all the more justified because the archives of the Ottoman consulates did not contain any compromising documents; while on the contrary, those found in the enemy consulates are far from having the same character. It may be useful to add that the measures which have been adopted by way of reprisals against the belligerent states can of course not be considered as unfriendly acts towards the American Government.

The question of the correspondence between consuls with the Embassy of the United States has already been the object of a correspondence between my Department and this mission. As you are aware, the Imperial Government had at the beginning of the hostilities authorized the consuls of friendly powers to correspond under sealed cover with their respective missions, except in cases where the military commanders should deem it necessary to prohibit it in regions where military movements are taking place. This decision was dictated [Page 843] by the desire of the Imperial Government to hinder as little as possible the sealed correspondence of the consulates. However, as the military operations later extended to nearly all parts of the Empire, the Imperial Government was obliged, in spite of its best intentions, to prohibit entirely correspondence in this form for all consulates in the Empire, and this in the supreme interest of national defense.

I am convinced that you will be good enough to realize in your just and enlightened appreciation the importance of the reasons which have led the military authorities to take this measure, which has a general application, and to recognize the impossibility for the present moment of modifying it, or of making an exception in favor of the American consulates.

The employees of the American consulate at Jerusalem and those of the consular agency at Alexandretta are Ottoman subjects, who do not enjoy any kind of privilege, as is the case in all countries for consular employees of this category. As Ottoman subjects, the above-mentioned employees being subject without any restrictions to the laws and regulations in force in the Empire, the Imperial authorities have in no way exceeded their rights in acting with respect to them according to the provisions of these laws and regulations. This fact can therefore not be interpreted as an act contrary to the rights of American consuls.

The civil action brought against Mr. William Brewster, American consular agent at Alexandretta, has already been the object of a correspondence between the Embassy of the Republic and my Department.

As you are well aware, Mr. Chargé d’Affaires, foreign consuls, in conformity with the principles of the law of nations and confirmed by international conventions and constant practice, may be prosecuted before civil tribunals for all acts not connected with the exercise of their functions.

This was the case of the American consular agent at Alexandretta, as appears very clearly from the ministerial note verbale of May 25 last, No. 82642/153.

However, in a spirit of conciliation the Imperial Ministry had requested the Embassy of the United States to kindly invite Mr. Brewster to hand over to the competent authorities certain goods which did not belong to him—he himself did not really pretend the contrary—and this in order to avoid a procedure which might not be in harmony with the good relations so happily existing between the two countries.

This note unfortunately remained without a reply.

As regards the criminal action brought against Mr. Brewster, the Governor General ad interim of the vilayet of Aleppo, of whom I had asked information on the subject, states in reply that the above-mentioned agent was condemned by default to six months’ imprisonment for assault and battery against a certain Edouard and to have broken his teeth. His excellency adds that the withdrawal of the civil party could not in this case oblige the prosecutor general to also cease judicial prosecution, which is in conformity with the provisions of the Ottoman laws. Nevertheless, considering that in this case it concerns a crime which is not serious, I am disposed to make to the competent judicial authorities—on condition of reciprocity in analogous cases for similar Ottoman agents—the necessary communications with a view to stopping the judicial proceedings against Mr. Brewster, provided however, that it appears that he is an officer de carrière.

In case I receive an affirmative reply on the subject, I reserve to myself the right to request the Embassy of the Republic to recall the said agent, who moreover had been only appointed provisionally.

The Ottoman Government has always entertained with regard to the United States and Americans the same sentiments of high esteem and cordial friendship which the Government of the Republic professes with regard to it and the Ottoman people. Its greatest desire is to see the continuation and strengthening of the bonds of good friendship which exist so happily between the two countries. Far from wishing to injure American interests and properties in Turkey, it has always been eager to safeguard them.

Such are the dispositions of the Sublime Porte toward the United States. And it is with great surprise and profound regret that the Imperial Government learns that the Government of the United States could doubt its good intentions and could interpret certain general measures which had been required by the exigencies of present circumstances, as unfriendly acts.

Such a supposition on the part of the Government of the United States would be all the less justified because, as I stated above, the Imperial Government [Page 844] never adopted a measure aimed especially at American interests. I hope, therefore, that these frank and sincere explanations will suffice to eliminate all misunderstanding in this respect, and that the Government of the United States will, in its just appreciation, declare itself as satisfied.

Accept [etc.]

Halil
  1. Transmitted to the Reverend James L. Barton, Aug. 5, 1916.
  2. Not printed.
  3. Latter not printed.