naturally finds himself unable to consider anything except matters of the greatest importance-to His Imperial Majesty. While good foundation exists for a general complaint, there is no reason to suppose that the American Government is suffering from any particular discrimination, as the European powers are experiencing an equal amount of trouble, mitigated to some extent by their ability to bring the cases to the personal attention of His Imperial Majesty. I am in hopes that the action which I have now taken may result in forcing a settlement of a number of the pending cases within the next few weeks, but if not I will have to ask the Department for further instructions, as I consider that I have gone as far as my ordinary instructions will permit. Trusting that my present action will meet with the Department's approval, I have, etc., [Inclosure 1.] JOHN G. A. LEISHMAN. Mr. Leishman to h Sublime Porte. LEGATION OF THE UNITED STATES, YOUR EXCELLENCY: I regret the necessity of being compelled to file a most solemn protest against the nonfulfillment of certain agreements concluded between the Sublime Porte and the American legation. The questions immediately at issue, as cited below, are beyond controversy, having been amicably adjusted between your excellency and myself, and instructions having been issued by the Imperial ministry for foreign affairs to the proper departments to put them into execution. The first is the case of the Rev. Mr. Shismanian, a naturalized American citizen of Ottoman origin, about whose nationality no question can arise, as he was naturalized in America prior to the promulgation of the Ottoman law of 1869, and whose change in nationality has been officially recognized by the Imperial Ottoman Government. Notwithstanding this fact, Mr. Shismanian has experienced more or less trouble during the past year, his nationality having been questioned upon several occasions by the local authorities in the vilayet of Harpoot and Diarbekir, much to the embarrassment of Mr. Shismanian. About six weeks ago Mr. Shismanian reached Diarbekir on his way to Hainey and other points in the quiet and peaceful pursuit of inspecting the churches and schools in his missionary district, but was detained at Diarbekir where he still remains, having been restrained from proceeding to Hainey. Upon learning these facts I immediately called to see your excellency and was informed that instructions would be sent at once to the vali at Diarbekir to recognize Mr. Shismanian as an American missionary and permit his free travel to Hainey and other points, which decision was transmitted to Mr. Shismanian through the American consul. Despite this fact and the repeated assurances that your excellency has given me during the past few weeks that renewed instructions had been given to the proper departments to carry out the agreement, Mr. Shismanian was not permitted to proceed on his journey, and now I am advised by the American consul that not only have the instructions of the Imperial ministry for foreign affairs been disregarded, but that the vali of Diarbekir makes the statement that he has received orders from the ministry of the interior prohibiting Mr. Shismanian from going to preach at Hainey and other points, at the same time charging Mr. Shismanian with having been associated with the troubles at Koum-Capou. This latter charge Mr. Shismanian most emphatically denies, and it seems somewhat queer that such a charge should be advanced at this late date about an inoffensive missionary who has been prosecuting his religious work in the Ottoman Empire for many years past without the slightest charge of any kind having been made against him. If it can be proven that Mr. Shismanian was connected in any way with the Armenian revolutionary movement and that his presence is inimical to the interests of the Imperial Ottoman Government, the legation will not hesitate to request him to leave the country, but it can not permit him to rest under such a charge, and must insist upon the necessary proofs being furnished, and in the meantime that he be permitted to proceed on his tour of inspection as per agreement. The second question is the case of Abdul Kader Mathaney, a naturalized American citizen of Ottoman origin, at present imprisoned in the Turkish jail at Tripoli. It is scarcely necessary to enter into details, as the correspondence between the Sublime Porte and the legation fully explains the case. It is sufficient to say that said Mathaney, after having been arrested by the American consul and after trial imprisoned for six months in the American jail at Smyrna for an assault upon a woman at Tripoli, was, after his release, rearrested by the Turkish authorities at Tripoli and condemned to three years' imprisonment in the Turkish jail, where he is still confined in defiance of the protest of the American consul. On April 9 last the undersigned had an interview with your excellency upon this subject, and it was finally agreed that your excellency's Government would send instructions to the local authorities to let Mathaney free and place him in the custody of the American consular agent upon the understanding that Mathaney would be notified that unless he carried out his promise of returning to the United States before the expiration of his present passport, which expires on the 7th of October, 1903, further recognition would be denied him. This was at once communicated to the consul, but notwithstanding the repeated instructions issued by your excellency the local authorities have refused to comply with the orders and Mathaney is still detained in prison, and I must now insist upon the agreement concluded between your excellency and myself being carried out without further delay. The third question is the case of Madam Soolookjian, the wife of a naturalized American citizen of Turkish origin residing in the United States, for whom permission to emigrate has been requested. Mrs. Soolookjian came under the head of immediate families (i. e., wives and minor children) whom His Imperial Majesty the Sultan has granted permission to emigrate, but notwithstanding the repeated assurance of the Imperial ministry for foreign affairs that orders had been issued to the local authorities to facilitate her departure, the vali at Samsoun continues to withhold the necessary teskereh, and I must ask that this be corrected at once and the vali instructed to allow her to depart without further delay. These questions can not be treated on the same basis as unfinished business, and I must insist upon their immediate settlement, for unless I can have the assurance that the Sublime Porte has the power to put its agreements into execution it would seem useless for the legation to attempt to continue conducting its negotiations in the customary manner. With hope that I may be favored with a prompt reply, I take this occasion to renew, etc., JOHN G. A. LEISHMAN. [Inclosure 2.] Mr. Leishman to the Sublime Porte. LEGATION OF THE UNITED STATES, YOUR EXCELLENCY: It is now almost three months since I had the honor of presenting to His Imperial Majesty a list of certain pending cases which the Government of the United States was desirous of having settled, and was authorized by His Imperial Majesty to inform the President that in response to his personal request orders would be issued to the proper departments to promptly conclude a settlement of the school and other matters, which promise I immediately communicated to the President. A few days later I was informed by your excellency that instructions had been received from the palace to favorably adjust the pending questions with the legation without further delay. Since that time I have been hoping from day to day that a settlement would be concluded, but despite the oft-repeated assurances that the affairs would be finished next council day, practically nothing has been done up to the present time, and I have recently discovered that not only has the council failed to take the slightest steps toward putting the different matters into execution, but that a decided disposition exists upon the part of certain officials to annul and render void the gracious act of His Imperial Majesty granting permission to the representatives of certain American universities to prosecute research excavation work in the neighborhood of Bagdad. Under these circumstances only one of the two alternatives appears open to me, i. e., either to notify my Government that having exhausted every ordinary means to have the agreements put into execution I am compelled to report that I deem it useless to attempt to prosecute the matters further through the ordinary channel or to pursue the only other practical course left open, of appealing the matter once more to His Imperial Majesty. The high respect which I bear toward His Imperial Majesty and the very friendly relations existing between the Sublime Porte and the legation prompts me to adopt the latter course. Consequently I pray your excellency to make known the contents of this note to His Imperial Majesty the Sultan and beg His Imperial Majesty to graciously grant me an audience in order that I may be enabled to more clearly present the matter for his imperial consideration. With the hope that this interview may be arranged for at an early date, I take this occasion to renew the assurance of my high, etc., No. 463.] Mr. Leishman to Mr. Ilay. JOHN G. A. LEISHMAN. LEGATION OF THE UNITED STATES, SIR: Replying to your No. 376, of June 9, 1903, 1 think the President and the Department can safely dismiss any apprehension with reference to the procedure in the schools question, for I am quite convinced that neither the delay in securing audience to formally deliver the President's message nor the fact that other unsettled business was brought to the attention of the Sultan during the interview detracted from the force or importance of the President's message. Nor can I assume for a moment that the President's message failed in its influence, as the minister for foreign affairs informed me a few days after my audience that the Sultan had issued an iradé directly after my interview instructing the Sublime Porte to conclude the school question and all other matters at the earliest possible date. * No question has ever been raised as to the correctness of our demands, and both the grand vizier and the minister for foreign affairs have repeatedly assured me that I could consider the school question settled, the delay in concluding the matter being caused by the necessary investigation and examination by the interior departments of the large number of institutions distributed throughout the Empire; and certainly no particular importance attaches to the failure to carry out the Sultan's promise more promptly, as I could cite numerous instances where months and even years have gone by without the embassies being able to have the promises of the Sultan to the heads of foreign powers put into execution. It is needless to say that it is equally difficult to secure a fulfillment of the promises made by the Porte. The greatest difficulty is not to adjust matters satisfactorily, but to have the agreements which are reached put into execution. * * * It is to be regretted that my efforts to have the school question settled first in principle proved to be impracticable, but this should give the missionaries no cause for complaint, as their original idea was to take the matter up in detail. They delayed the presentation of the original demand for seven or eight months, preparing the list of schools, etc., which, when furnished, was so incomplete, owing to the difficulties experienced in securing proper information from the different religious and educational bodies, that I concluded it was best to make an effort to get the matter settled in principle before submitting the list, especially as I had discovered that at least one-half the schools were without American teachers, being officered entirely by native teachers, which placed them on a somewhat different footing from other foreign schools. This position, however, proved to be untenable, and I was compelled to submit to the repeated demands of the Porte that a list be furnished, especially as I found that this course had been followed by the other powers, and I consequently did not feel warranted in demanding different treatment to that accorded other nations. My previous dispatches upon this subject will have given the Department some idea of the difficulties experienced by the legation in its efforts to secure an amicable settlement. * * I fully appreciate the interest our Government takes in the settlement of the school question, and I shall continue to use every effort to secure an early settlement. No stone has been left unturned and every peaceable means has been exhausted to force an amicable adjustment, and if the present line of action fails to bring about a settlement within a reasonable length of time, I will be compelled to ask the Department for further instructions. I have, etc., No. 408.] JOHN G. A. LEISHMAN. Mr. Loomis to Mr. Leishman. DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt of your No. 444, of the 16th ultimo, reporting the difficulties experienced by your legation in transacting business at the Sublime Porte. The Department approves your course in addressing to the Porte a protest against the nonfulfillment of certain agreements concluded between the Sublime Porte and your legation. You will continue to press for the fulfillment of cases like these which have been settled by the solemn promise of the Porte. (Mr. Leishman reports that after exhausting every ordinary means to force the Sublime Porte to conclude the promised settling of the school and other matters he feels compelled to ask the Department of State for further instructions, as it appears useless for him to attempt to prosecute matters further on present lines, and unless some more forcible measure be adopted he fears the promised settlement of the school question will drag on indefinitely.) Mr. Loomis to Mr Leishman. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, (Mr. Loomis states that Mr. Leishman has already accomplished much, and instructs to continue to press for settlement of remaining matters, making some one school license a test case.) Mr. Hay to Mr. Leishman. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, Washington, September 8, 1903. (Mr. Hay states that Mr. Leishman should not treat failure to reply in regard to schools question as a refusal estopping further demands for fulfillment of pledges.) Mr. Leishman to Mr. Hay. [Telegram.-Paraphrase.] LEGATION OF THE UNITED STATES, (Mr. Leishman reports thai during a conversation on September 14 the grand vizier showed quite plainly a determination to resist, as far as possible, the settlement of any cases except the Beirut affair under pressure of presence of the United States squadron. Mr. Leishman states that he will continue gentle but firm pressure, but that it may become necessary to resort to sterner language in order to bring the Ottoman Government to a fuller realization of their obligations.) No. 575.] Mr. Leishman to Mr. Hay. LEGATION OF THE UNITED STATES, Constantinople, September 21, 1903. SIR: I am very sorry to report that very slow progress is being made in the matter of settlement of the different claims, despite the apparent desire of the minister for foreign affairs to arrive at a speedy adjustment. The minister for foreign affairs appears to be in earnest, and, despite present troubles, shows the most friendly spirit, so much so that I ventured to again request him to reconsider the decision made by his Government last December against being represented officially at the St. Louis Exposition. This he decided to do, and promised me that he would arrange to have an Imperial commission appointed (probably the Turkish minister |