767.68119P/56: Telegram
The Secretary of State to the Special Mission at Lausanne
[Paraphrase]
Washington, June 21,
1923—2 p.m.
192. Point 3 in your telegram 422 of June 13.
- 1.
- The difficulty of having any change made in the formula with regard to judicial advisers is fully realized by the Department. However, considering the importance which has always been placed upon extraterritorial jurisdiction in Turkey in both our legislation and former treaties, when any treaty is presented here for ratification the question naturally will arise as to what safeguards are being secured as a compensation for giving up these privileges.
- 2.
- The Department believes it important, therefore, to have the proposed Turkish declaration communicated to you in a formal manner, so that this document could be sent to the Senate in transmitting any treaty, of course not for ratification or other formal action, but as an indication of the safeguards which the Turks propose to offer. It would be desirable if possible to have the word “European” before “judicial advisers” deleted when this communication is made to you.
- 3.
- Under the conditions described by you, the Department would not wish to have you make any further insistence upon the omission of the phrase “whom it will select from among jurists nationals of countries which did not take part in the war of 1914–1918.” It is [Page 1094] the view of the Department, however, that it would be possible to find various formulas which could replace this phrase and yet not open the way for Soviet insistence upon a Russian adviser. As an example, the door would still be left open for the eventual appointment of an American adviser if provision were made that the jurists should be chosen from nationals of countries which had not been at war against Turkey. It is left to your discretion, however, to decide whether it is practicable to take any action along this line.
Hughes