Mr. Griscom to Mr.
Hay.
Legation of the United States,
Constantinople, February 9,
1900.
No. 164.]
Sir: Referring to the legation’s No. 149 of the
13th ultimo relative to the seizure of certain licorice root belonging
to the dragoman and the arrest of the cavass of the consulate at Smyrna,
I have the honor to inclose herewith a copy of the report of
Consul-General Dickinson of the result of his visit to Smyrna.
From this report it is seen that the consul-general succeeded in
restoring the amicable relations between Consul Lane and the vali of
Aidin, which, as previously reported by this legation, had become
considerably strained. The minister for foreign affairs had acceded to
the legation’s demand that the illegal sequester placed by the court at
Magnesia upon the licorice root of Dragoman Avedikian be removed, but
the vali of Aidin reported that it was impossible to carry out the
orders of the Porte owing to the refusal of the American consul to
confer with him. The consul-general, upon arriving at Smyrna on the 15th
ultimo, at once had an amicable conference with the vali, and on the
18th idem, without further difficulty, the sequester was raised by the
court at
[Page 932]
Magnesia and the
house rented by Avedikian restored to the “status quo ante.”
The first two points made by this legation in its note to the Porte, No.
70, of the 6th ultimo, already reported, were thus acceded to.
In regard to the arrest of the cavass and the seizure and retention of
his arms, the vali promised the consul-general that the arms would be
delivered to the consulate on the 19th ultimo, but the promise was not
fulfilled. On the 31st ultimo I telegraphed Consul Lane as follows:
Lane, American consul, Smyrna:
You will make a demand for the arms of cavass and telegraph
result.
Griscom.
Yesterday I received the following telegram from the consul
Griscom, Constantinople.
Arms recovered to-day.
Lane.
The third and last point made by this legation has thus been conceded and
all the demands executed.
In regard to the arrest of the cavass, I have had the honor already to
submit to the Department the question of a demand for reparation.
Although the prestige of our consulate at Smyrna has suffered and the
cavass has been severely humiliated, yet I can not but feel that the
offense received by the United States Government is offset by the
arbitrary action of the consul in breaking the seal of a Turkish court
without first exhausting all diplomatic and administrative intervention.
There is little doubt but that the incident could have been avoided had
the consul referred the question to this legation at any time during the
fifteen days that elapsed between the illegal placing of the sequester,
December 10, and the breaking of the seals of the court, December 25. I
would therefore respectfully suggest that the incident be dropped
without further demands upon the Porte.
The accompanying report of the consul-general sets forth at length the
private business enterprises of the dragoman, Avedikian, entered into
with the expectation of enjoying the same protection accorded to an
American citizen. In the present incident this legation, influenced by
the other incidents connected with the case and the necessity of
maintaining the prestige of our consulate, has accorded him such
protection. With a view to possible cases arising in the future, and in
order that the legation may be guided as to the amount of protection to
be extended to consular dragomans in the conduct of their private
mercantile business, I have in the legation’s No. 144, of 8th ultimo,
asked the instructions of the Department.
I have, etc.,
[Inclosure.]
Mr. Dickinson
to Mr. Griscom.
Consulate-General of the United
States,
January 26,
1900.
No. 199.]
Sir: It appearing from your personal note
of the 11th instant and my subsequent conferences with you, that it
was advisable for me to proceed to Smyrna and make a personal
examination touching the complaints of Consul Lane in regard to the
seizure of the property of Avedikian, a dragoman of the Smyrna
consulate, I started for that place on the 13th instant and reached
there on the morning of the 15th. I found that Consul Lane had gone
to Constantinople to have a conference with you, but he returned to
Smyrna on the 18th.
[Page 933]
In the afternoon of the day of my arrival I called upon the vali and
had a full discussion of the situation. I found him inclined to
treat the matter with courtesy and fairness, and it was arranged
that on the following morning he should send the procurator-general
to the court at Magnesia and urge the court to set aside the
sequesters under which the licorice root belonging to the dragoman
had been seized. Upon such action being taken by the court I was to
be immediately advised.
The procurator-general went to Magnesia on the morning of the 16th,
but not obtaining favorable advices from him as early as we had
expected I went to Magnesia on the 17th, had a conference with the
plaintiff’s attorney, and made a careful examination of the whole
situation, including the buildings and inclosures rented by
Avedikian and the licorice root in dispute.
I found that the real property was rented by Avedikian in his own
name, the leases legalized by the Turkish authorities at Magnesia;
and my conclusion was and is that the claims set up by Hadji Daoud
and others, upon whose motion the sequesters were issued, were
fictitious and intended to harass and annoy Avedikian, and thus
discourage him from purchasing licorice roots, and thereby
perpetuate the monopoly which Daoud and others had enjoyed for
years. Avedikian has entered into competition with Daoud and others
in the purchase of licorice roots, has leased about 6,000 Turkish
acres in that region for from four to five years, and the result of
this competition is that the price of digging licorice roots in that
locality has advanced from 8 paras per oke to more than 24 paras per
oke. As a consequence, everyone in Magnesia except the officials, is
pleased and anxious to encourage the competition.
Before I left Magnesia, on the evening of the 18th, it was arranged
that a further conference should be had between the judge, the
procurator-general, and the attorneys for the respective parties,
and the prospect was that the judge would consent to set the
sequesters aside. It should be noted, however, that while the vali
and all the attorneys are substantially in accord that the
sequesters were illegally issued, the judge was very reluctant to
vacate the sequesters unless I would agree, on behalf of Avedikian,
to conditions which did not seem proper to accept. My undertaking
with the vali was that the sequesters should be set aside without
any condition, and that the plaintiffs might then proced in the
regular way by giving notice to the Smyrna consulate and we would
submit ourselves to the jurisdiction of the proper court.
Upon the afternoon of the 18th I called again upon the vali and was
informed by him that he had just received a telegram from the
procurator-general that the sequesters had been released, and this
information was confirmed by private advices from Magnesia on the
following day. I then paid my farewell visit to the governor,
accompanied by Consul Lane, and there was every assurance and every
indication that the cordial relations which had existed between the
consul and the vali were restored. It was understood that on the
morning of the 20th a dragoman of the consulate and the attorney of
Avedikian should go to Magnesia and appear in any proper proceedings
which might be instituted by Daoud and others against Avedikian for
the recovery of the property in dispute.
In one of my later interviews with the vali I urged upon him the
importance of promptly returning to the consulate the arms which
were taken from the cavass at the time he was arrested when in
charge of the disputed property under the consul’s orders. The vali
promised that the arms should be returned to the consulate the
following morning (the 19th), but I am informed they were not so
returned up to the time I left Smyrna on the afternoon of the 19th.
The cavass feels very keenly the humiliation of having been arrested
and imprisoned by the Turkish officials, that he has lost caste and
prestige with the other consulates in Smyrna and it may be desirable
to give him employment in one of our consulates outside of that
city.
The incident here referred to is an unfortunate one, and if passed
without vigorous remonstrance or ample apology I fear it will form a
precedent which will seriously affect our consular protection and
authority. While urging this view I can not in fairness lose sight
of the fact that the seizure of the property by the cavass seems to
have been premature. Such a radical invasion and disregard of the
authority of the Turkish court should not have been resorted to
until diplomatic and other resources were exhausted.
I should state further that I went to Smyrna with some prejudice
against the dragoman, Avedikian. It seemed to me that he had created
an acute condition and unnecessarily involved the consular authority
in protecting his personal property. By my examination at Smyrna
these prejudices were removed. I found that Avedikian had been
invited to become a dragoman of the consulate with the hope that he
would be useful in the development of American business. He is a
Turkish subject of Armenian origin, a merchant and banker of very
considerable means, and enjoys an excellent reputation.
[Page 934]
Since his appointment as dragoman he has bought a piece of land at
Cordelio, on the bay opposite Smyrna; has filled the ground with
rock down to deep water; has built an expensive iron and stone pier
capable of accommodating seagoing vessels; has erected a large stone
and iron warehouse capable of holding 70,000 cases of petroleum and
other commodities; has connected this warehouse with a railroad
siding near by, and contemplates using this warehouse and other
business in introducing American products in Smyrna and the region
round about. He has made all these preparations and this outlay with
the expectation that he would enjoy the protection of the consulate
in all proper ways, and I can not see that he asks or expects any
protection which has not heretofore been extended to the dragomans
of other consulates in the Turkish Empire. Altogether, he and his
business undertaking impress me as substantial and important factors
in the development of American commerce. Undoubtedly his capital
would not have come out of its hiding places if it had not been led
to expect consular protection, and it would be unfair to him and
most unfortunate if this protection were now withdrawn.
I am, etc.,
