the matter would receive favorable attention, I am in hopes of being able to shortly report a satisfactory settlement. I have, etc., JOHN G. A. LEISHMAN. No. 1191.] Minister Leishman to the Secretary of State. AMERICAN LEGATION, Constantinople, November 4, 1905. SIR: Referring further to my dispatch, No. 1171, of October 9, 1905, regarding the question of colportage and unrestricted sale of the Bible in Turkey, I beg to inclose for the information of the Department copy of recent correspondence with the Sublime Porte on this subject. While the declarations of the minister for foreign affairs may be accepted as a satisfactory adjustment of the matter in principle, I have felt it necessary to take exception to the manner in which certain regulations were to be applied, for while the stipulations mentioned in the note of the Porte would appear to be just, the right to determine the necessity of putting such restrictions into operation could not be safely left in the hands of local officials. I have, etc., MR. MINISTER: In reply to the note which your excellency kindly addressed to me on September 19 last, as well as the note verbale of April 6 last, I have the honor to inform you that according to a telegram received from the governor-general of the Konia vilayet the 114 books which were in the possession of the colporteur Avraham Oglou Isaac, of Newchehir, were seized because the aforesaid was not provided with a regular permit, but as soon as the authorities had ascertained by an examination that they were simply the Bibles published with the authorization of the department of public instruction they were returned to him. As far as the sale of the Bible is concerned, I feel myself obliged to call your excellency's attention to the fact that it has never been forbidden. That which the Sublime Porte requires is that the colporteurs should furnish to the Imperial authorities at the various places a guaranty and that, in conformity with that which has been already agreed upon, they should not enter certain towns where the prosecution of their work would be, in view of local conditions, considered by the Imperial authorities as creating embarrassment. The necessary communications on this subject having been already sent to the provincial authorities, I beg your excellency to cause the American Bible Society to be informed of the foregoing for its guidance. I take, etc., [Inclosure 2.] Minister Leishman to the Minister for Foreign Affairs. AMERICAN LEGATION, Constantinople, November 3, 1905. YOUR EXCELLENCY: I have the honor to acknowledge the receipt of your excellency's note of the 10th of October, 1905, in regard to the matter of colportage carried on in the Ottoman Empire by the American Bible Society. As far as the Newchehir incident is concerned, I am glad to see that the local authorities admit, as I had already pointed out to your excellency, that the colporteur of the American Bible Society sold nothing but the Bible, and I trust that the books, the property of an American corporation, which were seized in an unwarranted manner, have already been returned to the colporteur. Had the authorities in Newchehir examined themselves the books, they would have seen that in each copy was inserted the number and date of the imprimatur of the Imperial department of public instruction, and they could have avoided the loss of time and other inconveniences involved in unnecessarily sending the books to Konia. As to the general question of the sale of the Bible or parts thereof in the Empire, I am happy to take note that the Imperial Government once more declared its willingness to adhere to the tolerant principle of the free circulation of the book held sacred, a principle consecrated by treaties and long usage. Regarding the mode of carrying on this undisputable right of the Bible Society, I beg to submit the following points which should be made clear between the Sublime Porte and this legation. 1. As far as the Sublime Porte's wish for a guaranty is concerned, I beg to inform you that the American Bible Society guarantees each one of its colporteurs. I consider the guaranty of such a well-known and highly reputable society as sufficient and much more satisfactory than what the Imperial authorities can find in the provinces from individual guarantors. The principal agent of the society in Constantinople uses great care in selecting his colporteurs. Should it be proved that any one of them is a person disloyally acting against the laws of the country he would naturally be at once dismissed by the principal agent. This legation is not aware that during the sixty years that the American Bible Society has carried on its work in the Empire any one of its colporteurs has been convicted of any disloyal act whatever. I therefore see no necessity to introduce the novelty of asking for any further guaranty. 2. Regarding the proposal of the Sublime Porte to introduce a restriction to the principle of the free circulation of colporteurs in certain cities, this legation would take into consideration any notice from the Sublime Porte asking that colporteurs should not visit certain cities on account of disturbed conditions. I need not remind your excellency that during the past few years the legation has on several occasions, upon the request of the Sublime Porte, advised missionaries and others to postpone their visits to certain localities on account of disturbed conditions. And so in the future, in case the Sublime Porte should come to an agreement with this legation that such restrictive measures are necessary for certain localities, this legation would naturally, in order to spare all inconvenience to the Sublime Porte, and in the interest of the Bible Society itself, advise the principal agent against sending colporteurs to such disturbed localities so long as the disturbed condition continued. But this on the clear understanding that such order to the principal agent or any colporteur in the service of the Bible Society comes from this legation only, as this legation can not agree to any principle which would allow the local authorities to restrain colporteurs of the American Bible Society from visiting this place or on the plea that the local conditions so demand. Giving to the local authorities such privileges might possibly lead to abuses, which I am sure the Sublime Porte would like to prevent. In conclusion I beg to submit another point. The principal agent of the society informs me that the colporteurs are furnished with permits to carry on their business, but that sometimes they encounter difficulties when going from one vilayet to another, because the authorities demand that they be furnished with permits granted by each municipal circle or vilayet through which they pass. If such permits are really necessary, in my opinion, they should be granted on the application of the principal agent, by the competent authorities in Constantinople, and drawn up in such a manner that the permits would be valid and recognized throughout the Empire. I take, etc., JOHN G. A. LEISHMAN. No. 930.] 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. 1171, of the 9th ultimo, in further relation to the interference by the Turkish authorities with the colportage of Bibles in Turkey, and reporting that, while the vigorous representations made by you and the British ambassador have had the effect of restraining the Ottoman Govern ment from making any further efforts to enforce the restricting order issued by the grand vizier, you have not as yet been successful in securing an official reply to your identic notes, and the embargo placed upon several colporteurs has not been officially raised. You will continue to press the matter on the same lines as your British colleague, keeping in touch with him, in view of the identity of the interests involved. I am, etc., No. 943.] ELIHU ROOT. The Secretary of State to Minister Leishman. DEPARTMENT OF STATE, Washington, November 24, 1905. SIR: I have to acknowledge the receipt of your dispatch, No. 1191, of the 4th instant, inclosing a copy of recent correspondence between you and the Porte on the subject of the colportage and unrestricted sale of the Bible in Turkey. The Department commends your note to Tewfik Pasha, in which you take exception to the manner in which certain regulations were to be applied, for the reason, as you say, that while the stipulations mentioned in the note of the Porte would appear to be just, the right to determine the necessity of putting such restrictions into operation could not safely be left in the hands of local officials. I am, etc., ELIHU ROOT. URUGUAY AND PARAGUAY. SEIZURE OF THE CANADIAN SCHOONER AGNES G. DONAHOE BY URUGUAY. REQUEST FOR THE GOOD OFFICES OF THE UNITED STATES BY THE GOVERNMENT OF GREAT BRITAIN. The British Ambassador to the Secretary of State. [Memorandum.] BRITISH EMBASSY, Washington, April 12, 1905. SEIZURE OF THE AGNES G. DONAHUE BY THE URUGUAYAN AUTHORITIES. On the 11th of November, 1904, the Agnes G. Donahoe, a Canadian schooner commanded by Captain Ryan, was seized by a Uruguayan ship the Ingeniero, some three-fourths of a mile from shore, and taken to Montevideo, charged with sealing in territorial waters. The captain maintained that all the seals on board-some 390-had been caught on the high seas, but the Uruguayan Government denied this and stated that, having granted to a private firm the concession of killing seals on the coast, they were obliged to prevent raiding; that the ship had been caught in flagrante delictu close inshore while sealing, and, later, that the ship was guilty of illegal association, robbery, and smuggling. The captain and crew were therefore confined to the ship pending the finding of the courts. The defending counsel, Doctor Wilson, repeatedly requested that they should be allowed out on bail, and Mr. Baring, His Majesty's minister, who was applied to by the Canadian government, also tried to procure their liberation by appealing to the minister for foreign affairs. The latter, however, replied that the case was in the hands of the courts and could not be interfered with, and it soon became evident that there was a fixed determination on the part of the Uruguayan authorities to make an example of the master and crew of the schooner and establish a precedent for the future. Although the crew were eventually released on the owners' recognizances, the captain and the vessel are still detained. Doctor Wilson maintained that the laws of the Republic were silent on the subject of the offense, but his application for a stay of proceedings was repeatedly rejected, and on December 24 Mr. Baring was instructed to remonstrate against further delay in bringing the men to trial and to ask for a definite statement respecting the crime and the law under which the charge was made. No reply was obtained from the minister for foreign affairs to these questions. In writing to Mr. Baring on January 11, he merely transmitted a variety of documents from the judicial authorities tending to show that the government were compelled by their undertaking of July, 1895, with the private firm holding the concession for killing seals, to protect the sealing, and suggested that the proceeding of the ship amounted to piracy or robbery. On the 13th of March Mr. Baring, by instruction of Lord Lansdowne, made a further representation to the Uruguayan Government, calling attention to the fact that there is no Uruguayan law prohibiting foreigners from fishing in the territorial waters of the Republic, and that there was consequently no legal justification for the seizure of the vessel and criminal proceedings against the master and crew. He stated that His Majesty's Government must earnestly remonstrate against the manner in which the case had been conducted, and must urge that the master should be released and the vessel liberated at once, reserving the question of presenting a claim for compensation for the heavy losses to the owners and crew resulting from long delays in the proceedings. On March 28 Mr. Baring reported that the minister for foreign affairs, in reply to his representation, ignored the demand for the release of the ship and of the captain, and denied that there had been any delay and that any claims could arise in future, as everything had been done legally. Meanwhile the investigating magistrate has formulated the charges and called upon the judge to sentence the captain of the Agnes G. Donahoe to five years' imprisonment and the two mates to two years, the offense to be treated as robbery. No. 277.] The Acting Secretary of State to Minister Finch. DEPARTMENT. OF STATE Washington, April 14, 1905. SIR: I inclose herewith a copy of a memorandum which the British ambassador has left at the Department [printed ante] in regard to the seizure by the Uruguayan authorities of the Canadian schooner Agnes G. Donahoe, charged with killing seals in territorial waters. You will do what you can unofficially to bring about a peaceable settlement of this matter. I am, etc., F. B. LOOMIS. The Acting Secretary of State to Minister Finch. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, (As the Department would greatly regret if .complications arose from the seizure of the Canadian schooner Agnes G. Donahoe by the Uruguayan authorities, Mr. Loomis instructs Mr. Finch to use all proper endeavors to bring about peaceable and friendly settlement of the controversy between Uruguay and Great Britain.) FR 1905-58 |