711.672/156: Telegram
The Special Mission at Lausanne to the Secretary of State
[Received 11:18 a.m.]
585. I was informed by Ismet this evening that the proposal on claims reported in Mission’s 578 of August 2 is definitely rejected by his Government in a communication which he has just received. Ismet told me that he has been expressly instructed to propose, as the best to which the Turkish Government is willing to agree, an amended clause in which the last three sentences shall be the same as last three of clause as given in Mission’s 573, July 30, and as modified in Mission’s 578, but in which the first sentence shall be made to read thus:8
“Within one year from the coming into force of the present treaty, claims against Turkey arising from material damages to nationals, companies, or associations essentially American having resided in Turkey up to 1914, and similar claims against the United States of America of nationals, companies, or associations essentially Turkish having resided in the United States up to 1914 shall upon the application of the interested Government be regarded with the competent authorities of the other Government.”
Ismet has proposed to me that in case we find the above formula objectionable, the negotiations be discontinued for three weeks and be taken up again here at Lausanne toward the end of the month. He could not promise, however, that on the resumption of negotiations he would himself be present at Lausanne.
It is the unanimous opinion of members of the Mission, after a careful examination of the Turkish proposal, that we cannot accept the new formula, and Ismet has been so informed. We considered it necessary, therefore, having particular regard to the views communicated in Department’s 228 of July 10, to resort to the course which the Department has authorized in its 264 of July 25. Ismet has [consented] to this procedure, and accordingly we have agreed that on Monday afternoon the extradition treaty and the general treaty (omitting the article on claims) will be signed. I have made reservation that in case the Department so instructs me I may withdraw my consent. It will be appreciated by the Department, however, that it would be very awkward to refuse to go forward as agreed, and that refusal would result in adjournment.
My note to Ismet will read as follows:9
“I have the honor to call Your Excellency’s attention to the statements I have previously made concerning the importance which my Government attached to the conclusion in connection with the negotiations of the treaties signed today of an agreement concerning the settlement of claims of American citizens, companies, and associations against the Turkish Government. In proceeding to the signature of the treaties above mentioned, I have to state under direction of my Government that it is understood that the subject of claims is reserved for further discussion and that pending the conclusion of an agreement on this subject my Government reserves entire liberty of action as regards the question of submitting the treaties to the Senate of the United States for its advice and consent to the ratification hereof”.
His reply is as follows:
“I have had the honor to receive the letter which Your Excellency was good enough to address to me under today’s date in regard to the question of claims.
The Turkish delegation has already several times had occasion to state fully the point of view of its Government in regard to the reciprocal claims of the nationals of the two countries.
As it has not been possible notwithstanding the efforts made on either part to reach a solution on this question during the negotiations of the treaties signed today at Lausanne, I agree with Your Excellency to restrict [reserve?] its discussion for a later date. I wish to specify on this occasion that the Government of the Grand National Assembly of Turkey reserves likewise its entire liberty of action as regards the question of submitting the above treaties, with a view [Page 1137] to ratification, to the Grand National Assembly before the consummation of an agreement concerning claims.”
The Turkish delegation has already furnished me copies of the declarations relative to the administration of justice and sanitary administration.10 These are all in a covering letter to be signed by Ismet in which he states that they are furnished for my information.11
Likewise I have received a copy of the letter concerning schools and institutions.12 The covering letter contains the following: “Similar American institutions will enjoy under like conditions the same treatment, etc.”13 The further assurance referred to in paragraph 5 of Department’s 165, June 3, 3 p.m. will be included in the procès-verbal.
The procès-verbal contains also: (1) in respect to articles 3 and 4, the desired explanation regarding the phrase “on condition of reciprocity”, and a statement that the right of each party to regulate immigration as it desires is not prejudiced; (2) a statement that the Straits article does not imply any obligation on our part to adhere to the Straits convention and that the rules established thereunder apply to our ships only so far as they may be in force at a given moment; (3) a reservation by us in respect to Turkish coastwise trade; (4) a recognition that negotiations for a naturalization convention are merely postponed; (5) in respect to article 29 the statement is made that the word “national” includes also companies and corporations.
The impression of our delegation is that schools, companies, associations, individuals, will receive by the treaty and letters annexed all the guarantees obtainable under present circumstances.