711.679 Residence and Establishment/49: Telegram

The Ambassador in Turkey (Grew) to the Secretary of State


13. Department’s 5, November 17, 2 p.m. Conversing privately today with the Turkish treaty delegation representative Zekai Bey, [Page 869] I informed him of the unacceptability of the Turkish suggestion for the preamble and I proposed adjournment of the negotiations. It is still maintained by Zekai Bey that the Turkish Cabinet will not, and cannot, cede the point at issue, but personally he appears to be very anxious that some solution be found, and he made a number of proposals of alternative formulas, of which I found none acceptable. The Turks might possibly be persuaded to accept the suggested preamble quoted in the Department’s 4, November 10, 4 p.m., paragraph (3); but this formula I hesitate to propose if it would do away with applying the treaty alien status to the Turks, thereby making unavoidable both complicated and embarrassing explanations concerning the treaty of 1830. Should the Department consider that the term “in accordance with modern international law” might be held properly to apply as regards the 1830 treaty only to those portions which have become obsolete through non-usage, though not necessarily to the entire treaty, Turkish susceptibilities perhaps might thus be tacitly allayed without the continuance of the treaty alien status being affected. Would this interpretation be possible? If it is not, is the Department able to suggest any similar addition which, while not of a controversial character, would tend to meet both purposes? In this connection please consider the Department’s 58, September 29, 7 p.m., paragraph (5). If the foregoing suggestions do not prove successful, I am still prepared for adjournment of the negotiations.