467.11 W 89/25: Telegram

The Secretary of State to the High Commissioner at Constantinople (Bristol)

[Paraphrase]

181. Your telegram 240 of September 15.

1.
Your first point. After the resumption of informal discussions, as contemplated in our telegram 173 of September 25, possibly you will be able to give more detailed indication as to the information regarding our claims which the Turks desire. The Department calls your attention to the fact that it is not possible for it to examine into the merit of claims before all the evidence has been presented. There are many claimants who are not able to do this as yet. This is particularly the case where the losses for which claims are being made were suffered in the interior of Turkey. Probably it would take a year to examine claims on their merit, to develop them to completion, and to assemble the evidence which is necessary. Also, it has not been the custom to present claims before some machinery has been provided for their consideration. Turlington took with him memoranda40 which should supply the necessary general information regarding the extent of claims which had been submitted prior to last April. We will forward soon a supplementary list.
2.
Your paragraph 3 (a). Should the Turks agree formally to the procedure which we indicated in our paragraph 6, telegram 149, August 8, 2 p.m., via Lausanne, the Department will forward to you the claims which have already been presented and completely developed as soon as the situation permits. We trust, however, that an arrangement for the consideration of such claims can be concluded without awaiting the receipt of the claims. Should this not be done it might involve considerable delay.
3.
Your paragraph 3(b). As many important claims have not been completely developed by the claimants the Department is not able to give you full information regarding the number, character, and extent of the claims, which it considers well founded. Confidential data will be forwarded, however, as soon as possible to supplement Turlington’s memoranda.
4.
Your suggestion that it is desirable to avoid, if possible, raising the issue of the position of claims of persons of Ottoman origin who have become naturalized American citizens meets the Department’s [Page 1178] approval. The Department has examined with regard to nationality the claims presented and is prepared not to press the following classes of claims by naturalized Americans of Ottoman origin:
(1)
Claims presented by persons who left their native land when it was at war;
(2)
Claims of persons who since being naturalized have resided more than two years in Turkey and who cannot, in accordance with the rules of the Department promulgated for that purpose overcome the presumption that they have expatriated themselves;
(3)
Claims presented for damages to real property which it is alleged has been inherited but which the claimants could not inherit under Turkish law;
(4)
Claims arising from the death of Ottoman relatives.

The Department would be inclined to submit all claims which have a just basis presented by native American citizens, by naturalized American citizens born in other countries than Turkey, by naturalized American citizens of Ottoman origin where the claims are not in one of the classes listed above, or by companies and associations in which the American interest is substantial.

Hughes
  1. Not printed.