PUNISHMENT OF AMERICAN CITIZENS COMMITTING OFFENSES IN TURKEY.-CASE OF DR. FRANKLIN. No. 148.] Mr. Terrell to Mr. Gresham. LEGATION OF THE UNITED STATES, Constantinople, January 5, 1894. (Received January 22.) SIR: I have the honor to call your attention to the translation of a letter from Ibrahim Hakki, the governor of Palestine, to Mr. Selah Merrill, United States consul at Jerusalem. The correspondence revives the old contention about Dr. Franklin, who was accused by the Turkish Government of killing a child by malpractice. When the expulsion of Dr. Franklin was first requested at the Porte I refused to consider it, claiming the right to try him myself, if he was charged with murder, under article IV of the treaty of 1830 and the act of Congress giving me jurisdiction. No instance has come to my knowledge (and I have made inquiry) in which European powers have permitted their native subjects to be capriciously expelled from Turkey. Cases have occurred in which notoriously bad men have, on application by the Porte, been required by a minister to leave, but they are rare. Thus far the line has been firmly drawn between the right of Turkey to exclude returning natives, naturalized in the United States, and her claim of right to expel native citizens of the United States domiciliated in Turkey. I will not permit our relations with Turkey to become strained in urging this distinction, except under specific instructions given on a case properly presented. In maintaining this distinction we would have the coöperation or approval of all the Christian powers. The alarm felt over what seemed to be a concession in the President's message of the right of Turkey to expel our people already domiciled here was at first general. I think it is no longer felt by those with whom I have come in contact. I have, etc., A. W. TERRELL. JANUARY 6, 1894. N. B.-The consul at Jerusalem has been instructed that he will not coöperate in the expulsion of Franklin unless instructed, and that the Porte yesterday, on my application, suspended the order for his expulsion. A. W. TERRELL. [Inclosure 1 in No. 148.] Mr. Short to Mr. Terrell. CONSULATE-GENERAL OF THE UNITED STATES, Constantinople, January 4, 1894. SIR: I have the honor to acknowledge the receipt of your dispatch No. 20, of this date, inclosing a communication in Arabic from Selah Merrill, consul at Jerusalem, and beg leave to return herewith said communication, with its translation in English, as desired. I am, etc., LUTHER SHORT, [Inclosure 2 in No. 148-Translation.] Mr. Merrill to Mr. Maulessarifat. CONSULATE OF THE UNITED STATES AT JERUSALEM. HONORABLE SIR: In reply to your esteemed letter, dated November 23, 1893, No. 321, informing me that you had received a telegram from his highness the grand vizier concerning the expulsion and banishment from the Turkish dominions of Dr. Franklin, a citizen of the United States, now residing here, because of his having administered poison to a patient, thereby causing his death, and demanding that I would attend to the matter, I have the honor to state that, having received no instructions from my legation at Constantinople, I am unable to act in accordance with your request. I have, etc., SELAH MERRILL. No. 136.] Mr. Gresham to Mr. Terrell. DEPARTMENT OF STATE, Washington, February 9, 1894. SIR: I have received your dispatch, No. 148, of the 5th ultimo, in relation to the case of Dr. Franklin, a citizen of the United States. who is charged by the Turkish Government with having killed a child by malpractice. For that alleged offense it appears that the Turkish Government sought to expel him from its dominions. The laws of the United States provide for the punishment, in accordance with the terms of article 4 of the treaty of 1830, of American citizens who commit offenses in Turkey. The provisions of that article have been the subject of a prolonged discussion, the nature of which is explained in an instruction to Mr. Hirsch, No. 142, of December 22, 1890. The proposed action of the Turkish Government in regard to Dr. Franklin appears to involve an attempt to avoid the stipulations of the treaty by resorting to the measure of expulsion. This is obviously inadmissible. Your refusal to accede to the request of the Porte is therefore approved. I am, etc., W. Q. GRESHAM. ALLEGED CRUELTIES COMMITTED UPON ARMENIANS.' Message of the President. The Senate of the United States: I have received a copy of the following resolution of the Senate, passed on the 3d instant: Resolved, That the President be requested, if in his judgment it be not incompatible with the public interest, to communicate to the Senate any information he may have received in regard to alleged cruelties committed upon Armenians in Turkey, and especially whether any such cruelties have been committed upon citizens who have declared their intention to become naturalized in this country, or upon persons because of their being Christians. 1See Senate Ex. Doc. No. 11, Fifty-third Congress, third session. And, further, to inform the Senate whether any expostulations have been addressed by this Government to the Government of Turkey in regard to such matters, or any proposals made by or to this Government to act in concert with other Christian powers regarding the same. In response to said resolution, I beg leave to inform the Senate that I have no information concerning cruelties committed upon Armenians in Turkey or upon persons because of their being Christians, except such information as has been derived from newspaper reports and statements emanating from the Turkish Government denying such cruelties and two telegraphic reports from our minister at Constantinople. One of these reports, dated November 28, 1894, is in answer to an inquiry by the State Department touching reports in the press alleging the killing of Armenians, and is as follows: Reports in American papers of Turkish atrocities at Sassoun are sensational and exaggerated. The killing was in a conflict between armed Armenians and Turkish soldiers. The grand vizier says it was necessary to suppress insurrection and that about fifty Turks were killed. Between three and four hundred Armenian guns were picked up after the fight, and reports that about that number of Armenians were killed. I give credit to his statement. The other dispatch referred to is dated December 2, 1894, and is as follows: Information from British ambassador indicates far more loss of lives in Armenia, attended with atrocities, than stated in my telegram of 28th. I have received absolutely no information concerning any cruelties committed "upon citizens who have declared their intention to become naturalized in this country" or upon any persons who had a right to claim or have claimed for any reason the protection of the United States Government. In the absence of such authentic detailed knowledge on the subject as would justify our interference, no "expostulations have been addressed by this Government to the Government of Turkey in regard to such matters." The last inquiry contained in the resolution of the Senate touching these alleged cruelties seeks information concerning "any proposals made by or to this Government to act in concert with other Christian powers regarding the same." The first proposal of the kind referred to was made by the Turkish Government, through our minister, on the 30th day of November, when the Sultan expressed a desire that a consul of the United States be sent with a Turkish commission to investigate these alleged atrocities on Armenians. This was construed as an invitation on the part of the Turkish Government to actually take part with a Turkish commission in an investigation of these affairs and any report to be made thereon, and the proposition came before our minister's second dispatch was received, and at a time when the best information in the possession of our Government was derived from his first report, indicating that the statements made in the press were sensational and exaggerated, and that the atrocities alleged really did not exist. This condition very much weakened any motive for an interference based on considerations of humanity, and permitted us, without embarrassment, to pursue a course plainly marked out by other controlling incidents. By a treaty entered into at Berlin in the year 1878, between Turkey and various other governments, Turkey undertook to guarantee protection to the Armenians, and agreed that it would "periodically make known the steps taken to this effect to the powers, who will superintend their application." Our Government was not a party to this treaty, and it is entirely obvious that, in the face of the provisions of such treaty above recited, our interference in the proposed investigation, especially without the invitation of any of the powers which had assumed by treaty obligations to secure the protection of these Armenians, might have been exceedingly embarrassing, if not entirely beyond the limits of justification or propriety. The Turkish invitation to join the investigation set on foot by that Government was, therefore, on the 2d day of December, declined. On the same day, and after this declination had been sent, our minister at Constantinople forwarded his second dispatch, tending to modify his former report as to the extent and character of Armenian slaughter. At the same time the request of the Sultan for our participation in the investigation was repeated, and Great Britain, one of the powers which joined in the treaty of Berlin, made a like request. In view of changed conditions, and upon reconsideration of the subject, it was determined to send Mr. Jewett, our consul at Sivas, to the scene of the alleged outrages, not for the purpose of joining with any other government in an investigation and report, but to the end that he might be able to inform this Government as to the exact truth. Instructions to this effect were sent to Mr. Jewett, and it is supposed he has already entered upon the duty assigned him. I submit with this communication copies of all correspondence and dispatches in the State Department on the subject, and the report to me of the Secretary of State thereon. EXECUTIVE MANSION, GROVER CLEVELAND. The PRESIDENT: Report of the Secretary of State. DEPARTMENT OF STATE, The Secretary of State, to whom was referred the resolution of the Senate of the 3d instant, requesting the President, "if, in his judg ment, it be not incompatible with the public interest, to communicate to the Senate any information he may have received in regard to alleged cruelties committed upon Armenians in Turkey, and especially whether any such cruelties have been committed upon citizens who have declared their intention to become naturalized in this country, or upon persons because of their being Christians, and, further, to inform the Senate whether any expostulations have been addressed by this Government to the Government of Turkey in regard to such matters, or any proposals made by or to this Government to act in concert with other Christian powers regarding the same," has the honor to submit here with all the correspondence in the Department of State bearing on the subject of the resolution. The Department has received no information "in regard to alleged cruelties committed upon Armenians in Turkey," other than the statements that have been made by the Turkish Government, the current reports in the press, and two telegraphic reports from the legation of the United States at Constantinople. Those statements and reports contain nothing as to cruelties committed upon persons who are described in the resolution as "citizens who have declared their intention to become naturalized." The undersigned is not aware that there are American citizens in Armenia or elsewhere who are such otherwise than by birth or naturalization. The Department is not informed that Turkish subjects who have declared their intention to become citizens of the United States and have acquired a domicile in this country, have, upon returning to the land of their birth, been subjected to cruelties. In the absence of authentic information in regard to the matters in question, no "expostulations" have been addressed to the Government of Turkey concerning them. As to "proposals made by or to this Government to act in concert with other Christian powers," the undersigned has the honor to say that on the 30th ultimo the American minister at Constantinople telegraphed the Sultan had expressed a desire that a citizen of the United States should accompany "a Turkish commission" to investigate the alleged cruelties. This solicitation, which is doubtless one of the "proposals" referred to in recent public rumors, was, though fully appreciated, declined for the following reasons: The position of the Christian subjects of Turkey is guaranteed by certain stipulations in the treaty of Berlin of 1878, which form part of what is known as the European concert. The Government of the United States is not a party to that treaty. By its sixty-first article it is provided: The Sublime Porte undertakes to carry out without further delay the improvements and reforms demanded by local requirements in the provinces inhabited by the Armenians, and to guarantee their security against the Circassians and Kurds. It will periodically make known the steps taken to this effect to the powers which will superintend their application. It is obvious that the intervention of the United States, at the solici tation of Turkey, in a matter to which these stipulations expressly relate, would not have been timely and judicious, either on the score of propriety or of expediency. On the contrary, it might have proved to be exceedingly embarrassing to the European powers whose duty it is to see that the guaranties in favor of the Armenians are executed. Subsequently, however, the British Government, one of the principal signatories of the treaty, having taken steps in the matter, expressed a desire that a capable and upright citizen of the United States might participate with the commission in an investigation now to be made. With this request, which was supported by the Porte, it was decided to comply, and Mr. Jewett, consul of the United States at Sivas, was designated for the duty. The undersigned deems it superfluous to say it is the desire of the Department that a complete and impartial investigation may be made of the matters referred to in the resolution of the Senate, to the end that the facts may be fully elicited, and the requirements of justice and humanity, as well as of the treaty stipulations, duly observed. Respectfully submitted. W. Q. GRESHAM. |