[Subinclosure 2 in No. 209.] Complicity of the Turkish Government with the assailants. 1. The chief ones implicated were Government officials in Amadia. 2. The Government in Amadia tried to prevent prosecution of the case by indifference, opposition, trickery, forced testimony. 3. The judge in Mosul accepted bribes of the prisoners. In substantiation of this-his reputation; rumor and supporting evidence; testimony of vali of Mosul. 4. He resorted to trickery-serving writ of summons on us for a past date and by false pretenses; insisting upon our appearing as prosecutors and furnishing the evidence in the case; refusing to give copy of judgment against the prisoners after he had informed us that the case was finished; reopening the case after it had once been decided and had been reviewed, with approval, by the higher court in Bagdad. 5. The vali in Mosul, although at first, under pressure from Constantinople, he had taken hold of the case energetically, afterwards, on hearing that he was deposed, took bribes (substantiation-evidence in Amadia and his own admission that he bad received a valuable horse from the family of the chief prisoner); surrendered the case tothe judge, although but a few days before he had informed me that this judge was working in the interests of the prisoners and was the chief obstacle to the speedy trial and settlement of the case. 6. The prosecuting attorney, according to the testimony of the vali, had been bribed by the prisoners and was interfering to prevent their trial and conviction. By the complaint of the vali to the General Government he was transferred. 7. The vali succeeding the one deposed, although according to representations made to our minister by the General Government he had been sent with special instructions in reference to this case, permitted long and needless delays; made false statements to the effect that the case was finished when it was not; showed lack of authority or interest in not insisting upon the judge's giving us a copy of the judgment after having been assured by the judge that the case had been entirely finished; showed lack of authority or interest in permitting the judge to retry the case after he had once given judgment against the prisoners, which judgment had been sustained by the higher court in Bagdad. E. W. McDoWELL, Missionary, of Mosul, Turkey. [Subinclosure 3 in No. 209.] Points on building residences in Mosul, Turkey, by American missionaries. 1. Residences are absolutely necessary for the preservation of the health and lives of American missionaries. 2. The right of foreigners to build residences has been undisputed from of old. The law of Turkey distinguishes between residences and schoolhouses and churches; the former may be built by securing permission from the local authorities, without applying to the General Government for a firman. 3. The French priests in Mosul have been unmolested in building, and were building at the time consent was being withheld from us. 4. The governor of Mosul in personal conversations with the missionaries recognized our right to build residences by permission of the local government only. 5. What has been done toward building: In 1892 we purchased a piece of ground within the walls of the city of Mosul, but in a vacant tract. (See accompanying diagram to show its position in reference to the city.) The ground was bought of three or four different parties who held clear title deeds to the same; their possession of it extends back many years, more than required by law for the outlawing of any claims which might be made against it. To avoid paying an excessive price for the land, we bought it through and in the name of a native of Mosul, acting as our agent. The deed was made out in his name, but with the understanding between him and us that it should be transferred to our name after the completion of operations. The Government was aware that this man was acting as our agent and had bought the property for us. We have the original deeds in our possession, also official or final deed from Constantinople, which is a certification that the Government records of Mosul have been examined, and that there were no claims, governmental or private, against the sellers of the land, and that by the transaction of purchase Hassoo (our agent) had become rightful owner of the property. Since the purchase of the ground we have made improvements on it to the amount of several hundred dollars. 1 Not printed. In 1893 we made application personally to both the mayor of the city and the governor of the province for permission to build upon this ground. (It is still in the name of our agent.) Neither of them interposed any legal objection, but, on the contrary, assured us that the permit would be granted. 6. Opposition to our building. Soon after the purchase of the ground an under official, a Moslem, intimated to us that his influence was necessary to secure permission to build, and in further conversation with our agent demanded 1,000 Turkish pounds ($4,400) as a gift, for which he promised to give us a building permit. We paid no attention to his overtures or to his threats of preventing our building in case we refused to give him a gift. In consequence this man has created an opposition to us. (1) He secured a petition from some of the residents of the wards nearest to our property, protesting against our building. We secured a larger petition from same wards, including the chief men, asking that we be allowed to build. (2) He advanced the idea that the ground, by reason of its elevation and location, was necessary to the city as a place to locate artillery to repel an attack on the city. In reference to this (a) The idea being advanced in the governor's council, our interpreter being present, it was treated as a matter of jest by the chief members of the council who had personally examined the situation. (b) See accompanying diagram showing relation of our property to vital points of the city in evidence that the suggestion is a pretext. (c) This suggestion was sent by the same party to Constantinople where, in the absence of explanations from us, it may have weight in preventing our building. (3) Following this, a claim, instigated by said official, has been advanced that this ground belonged originally to the Government and an effort is being made to reclaim it. We believe, however, that the Government, on the basis of its own laws, can not validate such a claim inasmuch as (a) The property has been in the possession of the families selling it sufficiently long to outlaw, according to Turkish law, any such claim. (b) The Government has for many years been collecting taxes from these families on this property, thus recognizing their ownership of it. (c) In the transfer of the property to our agent all the legal forms were complied with, which require that the Government records be examined by a Government official to ascertain whether or not there are any claims upon the property by the Government or by private individuals, and no such claims were found. We have in our hands the original deeds, and also deed of transfer to our agent, sent from Constantinople, which is a certification that the title of the seller was good and that the ownership of the buyer is valid. (4) In February or March an injunction was served on us forbidding us to build. Later we were informed that general orders had been received from Constantinople forbidding any building by foreigners without special firman from the Sultan. We believe that both the injunction and the general orders were due to a misapprehension of the case in Constantinople in consequence of the false representations made by the official referred to above, and that by a clear presentation of the case to the Government there by Minister Terrell these objections may be shown to be groundless. My associate in Mosul has, I presume, already forwarded to Mr. Terrell all needed evidence and information for his use in the case. We make this statement to the State Department in order that it may be available in case of necessity, without the loss of time involved in communicating by post. E. W. MCDOWELL. Mr. Terrell to Mr. Gresham. [Telegram.] CONSTANTINOPLE, September 21, 1894. Four of Miss Melton's assailants were sentenced on the 17th instant to three years' imprisonment. No. 308.] Mr. Terrell to Mr. Gresham. LEGATION OF THE UNITED STATES, Constantinople, September 21, 1894. (Received October 8.) SIR: I have the honor to inform you that a telegram from the gov ernor of the province of Mosul to the grand vizier announces that on the 17th of September the following-named parties were found guilty of assaulting the American missionary and were condemned to impris onment for three years, viz, Halil, Fakhi, Abdoolah, and Terho. The following-named, discharged: Abdul Aziz, Abou Beker, Ago, Ali-bin-Mehmed, Polman; against these five the evidence is reported insufficient. The four convicted parties can, under the law, appeal to the supreme court of the Ottoman Empire, which sits here at the capital; the conviction now had was before the "court of appeals" for the province of Mosul. If an appeal is taken I will myself examine the evidence with the aid of my dragoman, and try to secure justice. I need not assure you that I feel deeply the importance of this proceeding, which will be followed by some feeling of greater security by our people who are in that remote province. They naturally complain of wrongs remaining unredressed during past years; but whatever may be the final result, they can not complain that Mr. Cleveland's administration has been wanting in energy in the prosecution of this case. Copy of my telegram of this date is inclosed on the overleaf. I have, etc., Mr. Gresham to Mr. Terrell. A. W TERRELL. No. 239.] DEPARTMENT OF STATE, SIR: I append hereto copy of your telegram of the 21st instant, in relation to the punishment of Miss Melton's assailants. It affords me pleasure to express the gratification here felt at the par tial success which your persistent efforts in the case have achieved. You are instructed to convey to the Porte an expression of the President's gratification at the evidence of friendly solicitude for the welfare and protection of our citizens in the Ottoman Empire which its action furnishes. I am, etc., Mr. Terrell to Mr. Gresham. W. Q. GRESHAM. No. 316.] LEGATION OF THE UNITED STATES, Constantinople, October 1, 1894. (Received October 13.) SIR: I have the honor to inclose a note from the Sublime Porte, of the 26th ultimo, announcing final action by the superior provincial court in the case against the assailants of Miss Melton, and requesting from me an expression of approval. I also transmit a copy of my response, dated the 27th ultimo, expressing my approval of the energy displayed by the Turkish Government in the prosecution. There is a discrepancy between the verbal statement of the grand vizier to me and the note verbale, in that the latter omits the name of Taklio as one of the convicted men. The note verbale was sent by Said Pasha. My telegram was based on the verbal statement of the grand vizier. The fact that the state's attorney has appealed from the judgment of acquittal, as to five men found not guilty, you will note. I will personally inspect the evidence when the record reaches here, and urge a conviction or consent to a dismissal as the facts may seem to require. I have, etc., A. W. TERRELL. [Inclosure 1 in No. 315.-Translation--Verbal note.] Minister of Foreign Affairs to Mr. Terrell. MINISTRY OF FOREIGN AFFAIRS, In referring to its verbal note of August 15, 1893, the ministry of foreign affairs has the honor to inform the legation of the United States of America that, according to a telegram received from the governorgeneral of the vilayet of Mosul, the eight men who were under arrest for the act of aggression against Miss Melton at Amadia, those named Abdul Aziz, Eba Bekir, Azo, Ali bin Mahommed, and Pouge, have been acquitted, there being insufficient evidence against them; the three others, Khalil, Abdoullah, and Terho (the two latter have escaped) were condemned to three years' hard labor, in accordance with article 218 of the penal code. The court has not taken into consideration the question of civil damages, as no claim was made upon the subject. The attorney-general of said tribunal having appealed against the judgment acquitting the five prisoners, the judgment, as well as the papers regarding the case have been forwarded to the ministry of justice. In having the honor to bring the above to the knowledge of the legation of the United States the imperial ministry is persuaded that the legation will be good enough to declare itself satisfied by the results obtained, and consider the incident as closed. [Inclosure 2 in No. 316.-Verbal note.] Mr. Terrell to the Minister of Foreign Affairs. LEGATION OF THE UNITED STATES, Constantinople, September 27, 1894. The legation of the United States takes pleasure in acknowledging the receipt of the note verbale of the ministry of foreign affairs for the Imperial Ottoman Government, dated the 18th instant. In securing the conviction of the wicked men who beat Miss Melton, a defenseless woman, in 1893, in the vilayet of Mosul, the Ottoman Government has shown an energy and determination to enforce justice worthy of the highest praise. The conviction was effected in a remote province and with many difficulties, which are known to the minister of the United States. Miss Melton could not even recognize her assailants, but the Turkish Government has detected them in a wild district, nearly a thousand miles from its capital, and has secured their conviction. The minister of the United States has communicated to Washington his high appreciation of the energy shown by the Turkish Government in this affair, and he would be pleased, if permitted, to inspect the evidence in the case of the five other men in opposition to whose acquittal the attorney-general has appealed to the supreme court. Mr. Gresham to Mr. Terrell. No. 256.] DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt of your No. 316, of the 1st instant, in relation to the trial of the assailants of Miss Melton. You will urge the recapture of the two escaped convicts and the imposition of the sentence in their case. Until this recapture is effected, or at least proper efforts put forth to that end, the incident can hardly be regarded as closed, notwithstanding the energy displayed by the Turkish Government in pressing the prosecution of the dastardly assailants, of which you have very properly expressed your appreciation. I am, etc., W. Q. GRESHAM. No. 106.] IMPEDIMENTS IN THE WAY OF AMERICAN SCHOOLS. Mr. Terrell to Mr. Gresham. LEGATION OF THE UNITED STATES, Constantinople, November 15, 1893. (Received Dec. 1.) SIR: My attention has been directed by the inclosed letter (copy) from Dr. Dwight and others, to a notice in the Oriental Advertiser of this city, a copy of which is inclosed, and which gives notice that the Porte will require that all conveyances of land to foreign subjects shall hereafter contain a clause prohibiting the use of the property for schools or religious worship. In a conversation yesterday with His Excellency Saïd Pasha, he did not deny the truth of the published notice, but stated that the order referred to therein was, to some extent, the subject of consideration still in the council of ministers. * * The letter from the American teachers and missionaries urges (1) that the order referred to imposes on the enjoyment of the right to acquire real estate a condition not found in the protocol (of 1874); (2) that it is opposed to the principle of extraterritoriality secured by capítulations; (3) that it imposes a penalty on the right to pursue a lawful calling; (4) that it places a stigma of illegality on the act of divine worship. The order is far-reaching in its possible consequences, and if one of the great powers would, through its ambassador, agree to act in protesting, I would assume the responsibility of insisting on the withdrawal of the order. I deem it proper now to content myself with sending a written notice to the Porte that I will reserve the right to |