already taken; but that unless proper satisfaction is insisted on in the present instance the important principle as to whether questions settled with the minister for foreign affairs are to be permitted to be rendered practically null and void by conflicting orders of the grand vizier, and whether the latter's refusal to grant to the Government of the United States treatment equal to that accorded to other great powers is to be tolerated will remain unsettled. * *) * Mr. Leishman to Mr. Hay. [Telegram.-Paraphrase.] LEGATION OF THE UNITED STATES, Constantinople, August 21, 1902. (Mr. Leishman reports that, the Sultan having sent his secretary begging Mr. Leishman to overlook the discourtesy of the grand vizier, and at the same time giving assurance that the questions immediately at issue would all be settled, and that His Imperial Majesty had sent the most emphatic instructions to the grand vizier to receive Mr. Leishman at all times in a manner befitting the dignity of the representative of a great power, he has consented to resume ordinary relations. Having been forced to assume a strong position, Mr. Leishman regrets that the settlement was not based upon broader principles, but states that the action taken will undoubtedly have a good effect: that in view of wishes expressed in the Department's cabled instructions, he deemed it wise to close the affair on an honorable basis and to avoid even the possibility of strained relations.) Mr. Leishman to Mr. Hay. No. 252.] LEGATION OF THE UNITED STATES, Constantinople, August 21, 1902. SIR: My several cables will have already explained the nature of the trouble which I have experienced during the past two weeks and the manner in which they have been adjusted. The maintenance of the dignity of the Government of the United States and its prestige in Turkey made it impossible for me to avoid the issue, for, while the immediate questions involved were of trifling importance, the principles involved were of a character that could not be overlooked, as I found myself completely blocked, the minister for foreign affairs being unable to put into execution the different questions that had been settled, owing to conflicting orders of the grand vizier, who on four successive occasions had declined to see me. Ünder these conditions it appeared useless to me to attempt to proceed further through the ordinary channels, and I could see no other way but to appeal the matter to His Imperial Majesty and assume the position that until such time as the questions which had been finally settled with the foreign office were put into execution and proper explanation made that I could have no particular relations with the Sublime Porte. Although His Imperial Majesty avoided an unpleasant personal interview, he has treated the entire matter in the most gracious and considerate manner, appealing to me on personal grounds to overlook the matter and arrange an amicable settlement, and besides giving me the assurance that the difficulty would be promptly adjusted. He intimated his intention to establish a commission, with a view to adjust if possible the troublesome questions of naturalized American citizens of Ottoman origin who returned to their native land, who, according to the Ottoman laws, have never ceased to be Turkish subjects, and also the emigration of the immediate families of naturalized American citizens of Ottoman origin whose husbands and fathers are permanently established in the United States. Now that the immediate troubles have been arranged, I have little doubt but that the Sultan will send for me to come and see him within the next week or ten days, as my personal relations with His Imperial Majesty are most friendly. Trusting that my actions will meet with your approval, I have, etc., JOHN G. A. LEISHMAN. Mr. Adee to Mr. Leishman. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, (Mr. Adee states that the settlement reached, as reported in Mr. Leishman's telegram of August 21, is gratifying; that the broader principle thus established should admit of ready adjustment of differences; that it is indispensable that dealings between governments should be conducted through adequately empowered and responsible agencies; and that, if the Turkish minister for foreign affairs is incompetent to assure the faithful execution of his engagements, Mr. Leishman must treat with some one who can give such assurance.) No. 253.] Mr. Leishman to Mr. Hay. LEGATION OF THE UNITED STATES, Constantinople, August 23, 1902. SIR: I am just in receipt of your cable of yesterday, and am pleased to note that the settlement reached in regard to the recent difficulty meets with the Department's approval. The idea conveyed in latter part of your telegram is exactly in accordance with the line of action I pursued, i. e., having concluded a number of small questions with the imperial minister of foreign affairs, who notified me officially of their settlement and also of the fact of orders having been issued to the several departments putting them into execution, I waited a reasonable length of time for these orders to be carried out, but finding that the local authorities had not received the promised instructions, owing to conflicting orders issued by the grand vizier, I called the attention of the minister for foreign affairs to the fact, who seemed very much annoyed and promised to have the trouble corrected at once, afterwards showing me a copy of renewed orders to minister of the interior, minister of posts, etc., instructing them to immediately put former orders into execution, but the same result followed. I then endeavored on four different occasions to see the grand vizier with a view of having him correct the trouble, but he repeatedly declined to see me on one excuse or another, at the same time referring me to the minister for foreign affairs. Finding myself thus completely blocked, the minister for foreign affairs, despite his apparently good intention, appearing incompetent to put his orders into execution, owing to superior orders of the grand vizier, who declined to see me, there was no other diplomatic remedy left but to appeal the matter to the Sultan. So, consequently, I notified the minister for foreign affairs that the position I found myself in was incompatible with the dignity of the United States Government, and that until such time as the questions which had been settled were put into execution and proper explanations made that I could not continue my ordinary relations with the Sublime Porte, at the same time. demanding an audience with His Imperial Majesty. The outcome you are already made familiar with by previous communications, and I can only hope that the apparently good results will prove lasting. I am of the opinion that the action taken by His Imperial Majesty will assure more respectful and considerate treatment at the Porte in the future, and that the position assumed will have a good effect generally. I have, etc., JOHN G. A. LEISHMAN. JEWS IN ROUMANIA-DISCRIMINATIONS AGAINST, CONDITION OF HELPLESSNESS TO WHICH THEY ARE REDUCED, AND OBJECTION OF UNITED STATES GOVERNMENT TO IMMIGRATION OF SUCH PERSONS. No. 256.] Mr. Leishman to Mr. Hay. LEGATION OF THE UNITED STATES, SIR: I have the honor to acknowledge the receipt of your unnumbered instruction of August 12, 1902. I shall lose no time in acquainting the Sublime Porte with the contents of the circular instruction" therein inclosed which deals with the situation of the Jews in Roumania. I have, etc., JOHN G. A. LEISHMAN. I ask Your Majesty to accept my congratulations upon the anniversary of your accession to the Ottoman throne. THEODORE ROOSEVELT. a Printed under Austria, page 42. The Sultan of Turkey to President Roosevelt. [Telegram.-Translation.] YILDIZ, September 1, 1902. I have received with the keenest pleasure your excellency's telegram expressing your sincere felicitations on the occasion of the anniversary of my accession to the throne. I beg you to accept my warmest thanks. ABDUL HAMID. TREATY OF 1830-INTERPRETATION OF ARTICLE IV. a Mr. Leishman to Mr. Hay. No. 268.] LEGATION OF THE UNITED STATES, SIR: I beg to inclose herewith copy of a note received from the JOHN G. A. LEISHMAN. Note verbale.] [Inclosure 1.] The Sublime Porte to Mr. Leishman. MINISTRY OF FOREIGN AFFAIRS, August 21, 1902. By its note verbale of January 2, 1901, the ministry of foreign affairs transmitted to the legation of the United States of America a list containing the names of those American citizens who, being charged with various offenses, are protected from judicial prosecution by reason of the difference of views existing between the two Governments relative to the interpretation of Article IV of the treaty of 1830, and once more emphasized the necessity of putting an end to this difference. The said note has hitherto remained unanswered, and it appears from a recent communication to the Department of Justice that the United States consul still continues to decline to notify the said American citzens of the summonses to appear which have been issued against them by the Ottoman courts, and thus wholly to obstruct the action of justice. Thus it is that the judicial steps recently taken against Ernest Salomon, an American citizen, residing in Timoni street, who is charged with having beaten and wounded one Yaco, have been entirely fruitless. As the Imperial ministry has already stated at length in its preceding communications the reasons which render it incumbent upon it to put an end to a situation which is so incompatible with the incontestable right of the Imperial Government, it deems it unnecessary to take up this matter again. Confiding in the sentiments of justice which actuate the United States legation, it feels convinced that said legation will itself recognize the necessity of finally reaching an understanding on this subject, and that it will take the necessary measures in order that this question may, without further delay, be settled in accordance with the principles of law and with the spirit of the treaties that have been concluded by the American Government with the Sublime Porte. Note verbale.] [Inclosure 2.] Mr. Leishman to the Sublime Porte. LEGATION OF THE UNITED STATES, In reply to the note verbale of the Sublime Porte dated August 21, 1902, the legation of the United States of America has the honor to advise the Imperial ministry a See Foreign Relations, 1900, page 909. of foreign affairs that it does not consider itself competent to make any alterations or modifications in the terms and conditions of the solemn agreements entered into between the Imperial Ottoman Government and the Government of the United States of America, as evidenced by the treaty concluded by the two Governments under date of 7th May, 1830, nor can it change or modify the interpretation already given by the Department of State. Consequently the legation is unable to instruct the United States consulate-general and the several consulates to deviate from the construction placed by the United States Government on Article IV of the treaty of the above mentioned date, and from the position which it has always maintained, and which position is well known to the Imperial Ottoman Government. This legation desires here to point out that the United States consulate-general and consulates in Turkey, in declining to serve on United States citizens warrants or summonses to appear in Ottoman criminal or correctional courts, are not prompted by any spirit of infringing the action of justice. In the same way that the United States consular courts are ready to hear criminal or correctional actions against Americans accused and prosecuted by American citizens or other foreigners, so are they ready to hear such actions if the accused Americans are prosecuted by the Imperial Ottoman Government or by Ottoman subjects appearing as partie civile. And the Sublime Porte may be sure that in case such accused American citizens should be found guilty they will be convicted and punished according to the provisions of American law. As a general principle, the legation can not consider for a moment the waiving of any of the rights and privileges enjoyed by the citizens of the United States. But in order to avoid if possible the friction which constantly arises, it would respectfully suggest the advisability of the imperial Ottoman Government instructing its representative at Washington to take the matter up direct with the Department of State, with a view of arriving at a solution satisfactory to both Governments. No. 243.] Mr. Adee to Mr. Eddy. DEPARTMENT OF STATE, Washington, September 25, 1902. SIR: I have to acknowledge the receipt of Mr. Leishman's No. 268, of the 3d instant, transmitting a copy of a note from the sublime porte in regard to the interpretation of Article IV of the treaty between the United States and Turkey of May 7, 1830. His note verbale of the 3d instant in reply to that of the minister of foreign affairs is approved by the Department. I am, etc., ALVEY A. ADEE, Acting Secretary. ACCIDENT TO PRESIDENT ROOSEVELT. The Sultan of Turkey to President Roosevelt. [Telegram.-Translation.] YILDIZ, September 4, 1902. I have heard with great sorrow of the accident that has befallen you. Happily the accident has been attended with no serious consequence to Your Excellency. I express to you my delight and congratulations therefor. ABDUL HAMID. President Roosevelt to the Sultan of Turkey. [Telegram.] WHITE HOUSE, Washington, September 5, 1902. Your Majesty's cordial message is most acceptable and I thank you. THEODORE ROOSEVELT. |