analogy in Afarian's case also) until the two governments should discuss and agree upon a disposal of the matter. That course still uppears to be alike rational and expedient. International usage does not advocate the decision of a treaty dispute ex parte by one of the contestants, and instances are so numerous as to constitute an almost unassailable precedent where such action by one of the treaty signatories has turned out to be not a settlement of the difference, but, instead, the initiation of a more acute stage of the dispute, terminating in arbitration or a rupture. The present moment seems most opportune for the two governments to come together and convene in a spirit of equity and friendliness upon an accommodation of their differences which shall remove the causes of friction that now ceaselessly arise between them in regard to jurisdiction and naturalization. As to the latter point, it may be observed that upon several occasions agreement upon nearly every essential feature has been reached, and there is no reason why a renewed endeavor should not meet with success. As to the former, this government, for its part, is willing to approach its discussion in the fairest spirit and with every regard for the conditions of the present age and the tenets of international law, in the hope of reaching a practical adjustment of the conflicting claims of the two governments by an intelligent interpretation or modification of the treaty of 1830. I am, etc., No. 1180.] ELIHU ROOT. Minister Leishman to the Secretary of State. AMERICAN LEGATION, Constantinople, October 20, 1905. SIR: Referring further to my several dispatches regarding Charles Vartanian and Hovhanes Afarian, two naturalized citizens of Ottoman origin arrested by the Turkish police for the murder of a rich Armenian merchant at Constantinople who had refused to contribute money for the revolutionary movement, I beg to inclose a clipping from to-day's issue of the Levant Herald, showing that despite our protests and the promises of the imperial minister for foreign affairs that all proceedings would be stayed the above-mentioned men were taken to the criminal court at Stamboul yesterday, where they were tried and condemned, the former, who was the principal, to death, and the latter, as an accomplice, to fifteen years' imprisonment at hard labor. No doubt exists as to the guilt of the men, and they richly deserve the punishment to which they have been condemned, but this does not dispose of the important question of principle which the case involves, and unless the government is prepared to practically abandon its right to protect American citizens of Ottoman origin who return to Turkey it seems to me that under all the circumstances the demand for their surrender to the custody of the consulate must be insisted upon, even if in order to enforce the demand it should be found necessary to adopt extreme measures. As this matter has already been fully explained in my previous dispatches, it is scarcely necessary for me at this time to enter into further details, and pending the receipt of the Department's instructions asked for in my dispatch No. 1160 of September 13, I have not felt warranted in taking any more aggressive action than the filing of a formal protest. I have, etc., JOHN A. G. LEISHMAN. [Inclosure. Translation.] Minister Leishman to the Minister for Foreign Affairs. AMERICAN LEGATION, Constantinople, October 20, 1905. YOUR EXCELLENCY: It appears from the semiofficial publication in to-day's local newspapers that the understanding reached with your excellency regarding the case of Charles Vartanian and Hovhanes Afarian has not been respected, these two men having been taken late yesterday afternoon to the criminal court at Stamboul, where they were tried and condemned by the said court on the charge of killing one named Apik Effendi Oundjian, the former to death, and the latter to fifteen years' hard labor, no notice evidently having been taken of the arrangement concluded between the Sublime Porte and the legation that all proceedings in this case would be stayed until our respective governments should have reached a definite agreement upon the final treatment of the case. The views of the legation on the subject of the detention of the said individuals by the police authorities, as well as on the natter of jurisdiction have clearly been presented to the imperial ministry for foreign affairs by my notes Nos. 590, 595, 598, 599, and by my several verbal communications. I therefore have to protest most formally against these proceedings and against the above-mentioned conviction of Charles Vartanian and Hovhanes Afarian, the validity of which the legation is unable to recognize, and consequently must again insist upon all execution of judgment or proceedings against these men being stayed until our two governments shall consider and agree on the treatment of the case. Under these circumstances I trust your excellency will at once cause the necessary instructions to be issued to the proper Department that will insure all further proceedings being stayed until such time as the Sublime Porte and the legation shall have reached a definite understanding, as otherwise the responsibility for the failure to respect the very just and reasonable demands of the American Government must rest entirely with the Imperial Ottoman Government. I take, etc., JOHN G. A. LEISHMAN. Minister Leishman to the Secretary of State. [Telegram.-Paraphrase.] AMERICAN LEGATION, (Mr. Leishman reports that although an understanding was had with the Sublime Porte that all proceedings against Vartanian and Afarian should be stayed pending an agreement between the two governments, Vartanian has again been condemned to death by the Turkish courts and immediate execution of the sentence is insisted upon by the latter, upon the ground that delay in executing a self-confessed murderer is causing great discontent among the populace and consequent embarrassment, and that another month's delay would be inevitable if the execution is not carried out immediately, as Ramazan commences on Saturday next. Requests that definite instructions be cabled to him.) The Secretary of State to Minister Leishman. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, Washington, October 26, 1905. (Mr. Root acknowledges receipt of Mr. Leishman's telegram of the 26th instant concerning the second conviction of the two naturalized Americans and advises him that an instruction was sent to him on Friday last, making friendly overtures for the adjustment of the naturalization and jurisdictional questions. If the Ottoman Government should carry out its intention to execute the sentence immediately upon one of the prisoners it would be impracticable for this government to take the initiative toward a result so greatly to be desired, and the uncompromising attitude of Turkey would have to be referred to Congress for such treatment as that body may deem appropriate. Instructs him to urge that the original proposition for a stay of proceedings in these cases pending mutual agreement be accepted. It is most desirable that Mr. Leishman should take action before the Turkish Government by precipitate action may make an agreement impossible and raise an issue between the two governments which may be most difficult of adjustment.) No. 1184.] Minister Leishman to the Secretary of State. AMERICAN LEGATION, Constantinople, October 26, 1905. SIR: I have to inclose copy of cablegram sent you this day regarding the case of Charles Vartanian, together with a copy of a note addressed to the Sublime Porte on this subject, after my interview yesterday morning with the Imperial minister for foreign affairs. When I saw that official on Tuesday afternoon he assured me that I need give myself no concern about Vartanian, explaining that the second trial had taken place in order to convict Vartanian's accomplices, and that no steps would be taken to execute the judgment of the court in Vartanian's case pending an adjustment between the two governments. Subsequent events, however, developed the fact that the matter was beyond the control of the Porte, as I received a telegram from the minister late the same evening, asking me to call at his residence early the next morning, which I did, and found that the palace authorities, ignoring the action of the Porte, had made every arrangement to execute Vartanian, as they did not wish to longer delay hanging him, owing to popular feeling, and as the feast of Ramazan is at hand, during which time all work is practically suspended. Unless the execution takes place this week it will be necessary to postpone the matter for another month. I protested as strongly as I could against any action being taken pending an understanding between the two governments regarding the treatment of the case, but unless some more forcible argument be resorted to I am not at all sure that my protest will be respected, although I am in hopes that it may have the desired effect of causing a temporary postponement.. * Awaiting your instructions, I have, etc., * * JOHN G. A. LEISHMAN. [Inclosure.] Minister Leishman to the Minister for Foreign Affairs. AMERICAN LEGATION, Constantinople, October 25, 1905. YOUR EXCELLENCY: Referring further to the conversation with your excellency this morning in regard to the case of Charles Vartanian and Hovhanes Afarian I would be remiss in my duty if I failed to make every effort to impress upon your excellency the necessity of taking every possible step to compel the Ottoman courts to respect the agreement between the Sublime Porte and the legation that all proceedings be stayed in these cases until such time as our two governments shall have reached a decision regarding the treatment of the matter. As your excellency is well aware the American Government has not evidenced the slightest disposition to protect these men from being properly punished for the crimes they have committed, but it is a matter of paramount importance that the question of jurisdiction be settled by the two governments prior to any action being taken by the courts, as the mere question of meting out the punishment is a matter of secondary consideration, as there is no danger of the ends of justice being defeated by a temporary delay, as both men are now safely lodged in prison. The general position of my government regarding these cases has already been fully outlined in my previous notes and, as explained to your excellency this morning, the legation has been unable to arrive at a definite decision regarding the standing of these men on account of the failure of the Turkish authorities to furnish the promised information regarding the exact date of birth of Vartanian and Afarian, time of their departure from Turkey, and data regarding the application for passports which they are alleged to have made to the Turkish consul at Chicago. As the legation has shown every desire to arrive at an amicable adjustment of these matters with the Sublime Porte, it would be very regrettable if the Ottoman courts should be permitted to create an unpleasant incident by any hasty action, and I trust your excellency will at once cause the necessary instructions to be issued that will insure the stay of all further proceedings until such time as the two governments shall have reached a definite decision regarding the matter. I take, etc., JOHN G. A. LEISHMAN. Minister Leishman to the Secretary of State. [Telegram.-Paraphrase.] AMERICAN LEGATION, Pera, October 31, 1905. (Mr. Leishman reports postponement of the execution of Vartanian.) No. 931.] The Secretary of State to Minister Leishman. DEPARTMENT OF STATE, Washington, November 11, 1905. SIR: I have to acknowledge the receipt of your dispatch No. 1180 of the 20th ultimo, reporting that Charles Vartanian and Hovhanes Afarian were taken to the criminal court at Stamboul on the 19th ultimo, where they were tried and condemned, the former, who was the principal in the assassination of Apik Effendi Oundjian, being sentenced to death, and the latter, as an accomplice, to fifteen years' imprisonment at hard labor. The formal protest against the action of the Turkish Government, which you filed with the Turkish minister for foreign affairs, and of which a copy accompanies your dispatch, anticipated to a large degree the Department's telegram to you of the 26th ultimo, directing you to FR 1905-57 ask for a stay of proceedings in the Vartanian and Afarian cases, to enable the two governments to consider and adjust the long-pending questions of jurisdiction and citizenship. Your note of protest is therefore approved by the Department. I am, etc., ELIHU ROOT. Minister Leishman to the Secretary of State. [Telegram.-Paraphrase.] AMERICAN LEGATION, (Mr. Leishman reports that he anticipated the wishes expressed in Department's telegram of the 26th, as shown in the note addressed to the Sublime Porte on Friday last. He declined seriously to consider the overtures from the Porte in regard to the question relating to the adjustment of naturalization and jurisdiction until definite assurances were given that our demand for a stay of proceedings in the case of the two prisoners would be respected.) RESTRICTIONS UPON THE SALE OF BIBLES IN TURKEY. Chargé Jay to the Secretary of State. No. 950.] AMERICAN LEGATION, Constantinople, November 29, 1904. SIR: I have the honor to inform you that the American Bible Society has during the past six months encountered very serious difficulties in the prosecution of their work in Turkey. At Adrianople, Trebizond, Ordou, and Angora their Bibles were seized by the local authorities, the colporteurs and native agents of the society being threatened with arrest and imprisonment should they further attempt to sell these books. In every case attempts made to settle the matter locally by nearest consuls and others failed, as the authorities claimed to have been acting under orders from Constantinople. Mr. Leishman, during the summer and up till the moment of his departure in October, did not fail to complain to the Porte, both in writing and verbally. As usual he was met with promises, but nothing was done to release the books and otherwise settle the matter. Early in the present month I finally succeeded, after having been given repeated promises, in inducing the grand vizier to settle the Adrianople matter by telegraph. Learning that the British embassy had a similar case on hand in connection with their Bible society, I persuaded the British chargé d'affaires to address a strong note on the general subject to the Imperial Government similar in character to mine. I believe these two notes, presented within a couple of days of each other, have had their effect, for on Saturday last proper orders were actually telegraphed to the governors-general of Trebizond and Angora. |