File No. 4960/23.
The Acting Secretary of State to Ambassador Leishman.
Washington, April 13, 1909.
(Mr. Bacon informs Mr. Leishman that he is authorized to say to the Turkish Government that the consent of the United States to the customs increase will depend upon the satisfactory adjustment of the questions now pending; that the first, second, and third demands are covered by the President’s desires and the repeated promises of Turkey; that the fourth is a commercial equivalent for the tariff concession and should be pressed as a fair and rational demand. The fifth condition would virtually involve Turkey yielding in principle her long contention under article 4, unless narrowed to precise technical point stated by him (Mr. Leishman), namely, the recognition of the competency of the consular courts to decide who are the legal heirs of an American decedent; if necessary to an agreement it might be stated to be without prejudice to any other jurisdictional question between the two Governments. If this point is omitted in order to come to an agreement, it should be distinctly stated that its omission is without prejudice to the reservation by the United States of all jurisdictional rights under treaty and capitulations. In other words it should not be waived, but left open.)