Mr. Terrell to Mr.
Gresham.
Legation of the United States,
Legation of the United States
,
March
30, 1894
. (Received April 21.)
No. 219.]
Sir: I have the honor to transmit herewith copy
of a letter from Mr. Jewett, consul at Sivas, of date December 23, 1893,
and also copy of [Page 711] the
instruction I have sent in response to this and to another letter from
Mr. Jewett of December 9, 1893, whose contents I have recapitulated in
my reply.
I have, etc.,
[Inclosure 1 in No.
219.]
Mr. Jewett to
Mr. Terrell.
Consulate of the United States,
Consulate of the United
States
,
December 23,
1893
.
Sir: During the past two years the American
missionaries at Harpoot have been putting in a water supply for
their schools and houses. They brought the water in pipes from a
considerable distance from the city and spent a very considerable
sum of money in the work. Largely out of generosity, there being
only a slight and insignificant consideration, the missionaries
promised to give half of the water to the people.
They have done so. But a wealthy Turkish neighbor, who expected or
hoped to get the whole of the gift, received only half of it, and
the rest was distributed to other places among the people. The Turks
proceeded to bring a suit against Mr. Barnum, as I understand, to
obtain the whole amount of the water that was promised.
November 21 Mr. Barnum received a summons to appear in court to
answer the suit. He rejected the summons, saying that, being a
foreigner, the suit should be brought through his consul or the
governor-general of the province. Then the court sent a written
statement to the governor in regard to the matter, which specified a
law to the effect that foreigners who hold real estate are under the
same relations to the courts as Ottoman subjects in any suit
relating to real estate.
I have written to Mr. Barnum that this is a question of contract and
not a question of real estate, and as it is an action to establish
the rights or redress the wrongs of an individual, it is a civil
suit and therefore under the jurisdiction of the consul.
I have told him that if he wished to have the case tried in the
Turkish court he could do so, but it is a matter of choice with him,
and if he submits to the Turkish courts he must abide by their
decisions. He says it is an institution for which he has no
particular respect.
I understand that water is, in some cases, classed as real estate, in
questions of mill sites, etc., but I do not think it should be
classed as real estate in this instance.
But even if it should be regarded as real estate in this case, it
seems to me that the question at issue is a commercial one, to first
establish the terms of the contract existing between Mr. Barnum and
the Turk, then to determine whether that contract has been violated,
and if so, what damages should be allowed to the plaintiff.
The power of commencing all civil proceedings being vested in the
consular officer, it seems to me that this suit should be brought
through this office.
I have advised Mr. Barnum to settle the suit in some friendly way if
possible to do so.
Will you kindly inform me if my position in regard to this suit is
correct or not?
In case the suit is brought through this office, how should it be
tried? Harpoot is not in this vilayet and is seven days’ journey
from Sivas.
[Page 712]
I regret that my information in regard to the suit is not complete. I
have given you the facts as I have received them.
I am, etc.,
[Inclosure 2 in No.
219.]
Mr. Terrell to
Mr. Jewett.
Legation of the United States,
Legation of the United
States
,
March 30,
1894
.
No. 73.]
Sir: I am in receipt of your communications
of December 9 and 23, respectively, informing me of the closing of
Protestant chapels and asking for instructions in various matters,
such as the right of missionaries to engage in touring work, to have
proscribed books for their personal use, the right of the Ottoman
Government to search American schools and houses, etc.
In regard to the closing of Protestant chapels, I have to say that
this legation will always be prompt in protesting against the
closing of chapels under the immediate control of Americans, and we
will cheerfully use our good offices, as far as we can, in favor of
other Protestant chapels.
The right of missionaries to visit the outstations is undoubted, as
all peaceable American citizens have a right to go back and forth
throughout the Ottoman Empire. I should, however, as a matter of
expediency, advise caution, for the present, in the assertion of
rights which are distasteful to the Turkish officials. The disturbed
condition of some parts of Asia Minor and the intense suspicion of
seditious movements felt by Turkish officials created, for a time, a
strong feeling against teachers and missionaries, which is now
happily beginning to subside, and which it would be well to dispel
altogether by quiet and discreet conduct on their part.
You are correct in thinking that the Turkish Government has no right
to search American schools and residences, except under the
circumstances enumerated in your letter of December 9, 1893, if you
have in mind at the same time the undisputed right of properly
authorized officials to inspect the schools, text-books and courses
of study, as provided for by article 129 of the law concerning
public instruction. Hence, it follows as a necessary consequence
that proscribed books for the personal use of the American
missionaries which have passed the customhouses and been introduced
into their homes can not be disturbed.
In regard to Mr. Barnum’s lawsuit, I am inclined to think that the
question involved is one of real estate, and hence one to be tried
in the Turkish court. Nevertheless, the summons should be served
through the consulate when there is one within nine hours of the
locality. As such does not appear to be the case in the present
instance, I am disposed to repeat the advice you have already given
Mr. Barnum, to settle the suit “in some friendly way if possible to
do so,” and thus avoid a tedious Turkish litigation.
I am, etc.,