467.11 W 89/37: Telegram

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

[Paraphrase]

293. Your telegram 205 of November 5.41

1.
Plenipotentiaries and experts held their first plenary meeting yesterday. The experts had previously held four joint meetings, and I had had two informal conversations with Adnan Bey. Exploration of the subject has been completed.
2.
The Turks state that they are willing to undertake a benevolent examination of concrete claims which may be submitted to them and that in principle they are not opposed to the submission of certain classes of claims to arbitration. They contend that as one of the successor states of the former Ottoman Empire, Turkey is confronted with many claims arising from war or insurrection for which it is unable to accept responsibility. It also cannot consider claims of persons who in its view are nationals of Turkey. The Turks offer a choice of the two following proposals:
(a)
That we agree that claimants for requisitions shall present their receipts to local authorities to be settled, that claims for losses [Page 1180] caused by the acts of private individuals, in groups or separately, or by the acts of officials done in their private capacity be brought before Turkish tribunals, and that other claims be handled through the regular channels of diplomacy.
(b)
That negotiations be adjourned with an agreement to reopen them within six months after the treaties have been ratified.
3.
A procedure has been discussed with the Turks the same in substance as that suggested in your telegram 149 via Lausanne August 8, 2 p.m. This was brought up as a possibility, not as a proposition. The Turks insist that claims growing out of war or insurrection must be excluded but are disposed to agree to the examination of other claims immediately by the delegates without commitment. Our suggestion of agreement by an exchange of notes not requiring ratification quieted formal objections to immediate examination on the ground that it would be difficult to effect part of the treaty settlement before treaty ratification and while diplomatic relations were interrupted. The Turks suggested that the examination contemplated would be practically a continuation of our present discussions and that the presentation of perhaps 20 typical claims would best advance the object of the examination.
4.
We have urged repeatedly that it is desirable to have all claims submitted to arbitration. We feel that eventually our arguments may have good effect even if they do not at present. Probably the Turks would agree now to have claims other than those growing out of war or insurrection and those of naturalized Americans of Ottoman origin submitted to arbitration. I apprehend, however, that in connection with such an agreement they would not consent to reserve the excluded classes of claims to be discussed later.
5.
I rather think the best course is to press for an informal examination by the delegates and to try to induce the Turks to give up their insistence that certain classes of claims be excluded from such an examination. In such an examination, of course, the American delegate would meet with the same objections which are now offered to the classes of claims indicated. His position would, however, be strengthened by the details of specific cases of loss and by the arguments upon the larger questions of principle involved which the Department could furnish. The Department may rest assured that I shall not neglect any opportunity to secure a better agreement and that I will not lose sight of the importance of preventing unnecessary delay.
6.
Comments from the Department as soon as possible would be appreciated.
Bristol
  1. Not printed.