711.673/105
The High Commissioner in Turkey (
Bristol
) to the Secretary of
State
Constantinople
,
October 16,
1920
.
[Received November 10.]
Sir: I have the honor to invite the attention
of the Department to my instructions, dated October 16, 1920, to the
American Consul [Page 676] in Charge in
Jerusalem on the subject of the continuing in force of the
Capitulations.
The question has arisen on several different occasions, as to whether the
Capitulations still hold in those parts of the former Turkish Empire
which have been detached therefrom, by the terms of the Treaty of
Sèvres. I believe I am correct in assuming that the Department considers
the Capitulations as still in effect, until an agreement has been
reached between the United States Government and not only the Turkish
Government, but also the new mandatories of former parts of the Turkish
Empire.
I should appreciate definite instructions from the Department on this
point.
I am [etc.]
[Enclosure]
The High Commissioner in Turkey (
Bristol
) to the Consul at Jerusalem (
Heizer
)
[
Constantinople
,]
October 16, 1920
.
Sir: I have received your despatch of
September 22nd, last, inquiring whether this Commission considers
that the mandatory power in Palestine will have the right to levy
and collect taxes upon American mission properties.
In reply, I have to say that this Commission does not consider the
Turkish Treaty as having yet gone into effect, for the Treaty
provides that it shall only go into effect when ratified by three of
the principal Allied Powers and the Turkish Government. As far as I
know, no ratification of this treaty has been made by England,
France, or Italy, nor has it been ratified by the Turkish
Government. Certainly, until ratification has taken place, the
Capitulations still hold in Palestine, and as the United States
Government has not participated in the Turkish Treaty, nor given its
approval thereto, I am inclined to think that it will be the policy
of the State Department to consider that the Capitulations will hold
in those former parts of the Turkish Empire which have been placed
under the mandate, until such time as the United States Government
agrees to the abrogation or modification thereof.
I am [etc.]
