exposure to heat and other causes, but this should not operate against them, as the same could be said of butter and other similar products, and for this reason an inspection of all food products is desirable and warrants the established practice of a chemical examination at the port of entry. The American Government asks for no special treatment and raises no objection to the same requirements as to purity, etc., being applied to cotton-seed oil as are specified for other similar oils. All that is demanded is that cottonseed oil be admitted upon exactly the same footing as sesame and other vegetable oils. It is impossible for the embassy to comply with the request that 40 okes of cotton-seed oil be furnished for analysis, as no importations have been permitted for over a year past, nor would such a procedure appear necessary, as according to the regulations mentioned each consignment is examined upon arrival, and inferior grades intended for manufacture can readily be distinguished by the accompanying documents, and may be treated with soda, potash, or other suitable chemicals that will absolutely prevent its being used for domestic consumption without injuring its use for manufacturing purposes. In view of the fact that in the Ottoman Empire the importation of tinned fish is not restricted, although the main ingredient to preserve these articles is cotton-seed oil, it would seem to indicate that the restrictions imposed on this staple in Turkey are directed specifically against its importation from the United States and that the entry of an article preserved or even adulterated with cotton-seed oil is permitted when shipped from other countries. It is thus unnecessary to call attention to the inconsistency of the claim that the present regulations have been made for sanitary reasons. [Inclosure 3.] MEMORANDUM FROM THE AMERICAN AMBASSADOR TO HIS EXCELLENCY THE FIRST SECRETARY OF THE IMPERIAL PALACE. The American ambassador, on Friday, February 22 last, had the honor of being received by His Imperial Majesty the Sultan, when he brought to His Majesty's personal attention the fact that certain legitimate demands of his Government were withheld in spite of their being strictly confined to rights and privileges guaranteed by treaties and repeatedly reaffirmed by the Sublime Porte, where they had been examined and approved by the competent departments. His Majesty, with whom the ambassabor left copies of the correspondence covering the matter in question, graciously expressed his intention to see his highness the grand vizier with reference thereto upon the following day, and the ambassador was asked to send the first dragoman of the embassy to the imperial palace on Sunday, February 24, to receive a definite reply. Upon the appointed day the dragoman, having called on his excellency the first secretary, was informed that the promised reply would be given after the special meeting of the cabinet ministers at the imperial palace on Tuesday, February 26, and that he was to call at the palace on Wednesday, February 27, to receive it. On Wednesday, however, the dragoman was again put off until Saturday, March 2, with repeated assurances that no further delay would occur. Calling on his excellency on Saturday, he was informed that the promised reply would be given on Tuesday, March 5. The ambassador has too high a regard for the lofty sentiments and high sense of justice of His Majesty and for the value of the imperial promise to suppose that it has been the august sovereign's intention to delay this decision for a single instant. He can only infer that the same influences which had already stood in the way of these matters reaching the imperial person, have again interfered and prevented the carrying into effect of His Majesty's promise. In view, therefore, of his sincere desire to contribute to the best of his ability toward continuing the friendly relations which have so happily existed between the two Governments, and in order to prevent any misinterpretation being placed upon this delay, the ambassador begs his excellency the first secretary to at once lay the contents of this communication before his august sovereign. The ambassador would indeed deem himself remiss in the high charge entrusted to him and would regard it as incompatible with the feeling of deep respect he entertains for His Imperial Majesty, if under the circumstances he failed to lay the full aspects of this matter before his august person. AMERICAN EMBASSY, Constantinople, March 3, 1907. File No. 4690. Ambassador Leishman to the Secretary of State. [Telegram.-Paraphrase.-Extract.] AMERICAN EMBASSY, Constantinople, March 5, 1907. (Refers to previous correspondence regarding the present status of questions pending with Turkey, their importance being due to their involving the principle of equality of treatment guaranteed by treaty. States that the rights of the United States were plainly admitted in 1904, but their practical execution had been withdrawn, and that the embassy consequently prepared certain test cases and, after almost three years, succeeded in having the Porte act favorably thereon. Says that he had an audience with the Sultan on February 22, and explained that the United States sought only for equality of treatment, and that the Sultan promised a definite reply on February 24, which has not been received by the embassy. Adds that he will seek another audience. Desires department to telegraph if it approves ambassador continuing his very conservative course.) File No. 4960. The Acting Secretary of State to Ambassador Leishman. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, Washington, March 6, 1907. (Mr. Bacon refers to the embassy's telegrams the 5th, and states that the repeated and apparently chronic delay and evasiveness in fulfilling the promises from time to time made by His Majesty the Sultan and by the Porte have always tended to excite regret and dissatisfaction on the part of this Government, and their continuance now, especially after the cordial assurance given the embassy by His Majesty on the 22d, could not fail to cause an unfavorable impression on the mind of the President, who has on several occasions testified to the Sultan his lively interest in the settlement of these matters, as befits the good will this country bears to Turkey and the friendly relations of the two countries. Says Mr. Leishman should impress this feature of the matter strongly upon His Majesty in the audience he contemplates asking.) File No. 4960/8. The Acting Secretary of State to Ambassador Leishman. No. 163.] DEPARTMENT OF STATE, Washington, March 15, 1907. SIR: I have to acknowledge the receipt of your dispatch of the 22d ultimo, reporting your interview with the Sultan on the same day, regarding equal treatment of American institutions, and stating that if further obstacles to the fulfillment of His Majesty's promises arise you will ask the department for further instructions. In view of the telegrams exchanged March 5 and 6, the department will await the result of your request for another audience of His Majesty. I am, etc., ROBERT BACON. (See also correspondence, Increase of Turkish Customs Duties, following.) INCREASE OF TURKISH CUSTOMS DUTIES. File No. 4960. Ambassador Leishman to the Secretary of State. [Telegram.-Paraphrase.] AMERICAN EMBASSY, Constantinople, April 1, 1907. (States that he has just been confidentially informed that the Sublime Porte, acting upon the theory which has been advanced by the German ambassador that the treaty rights of the United States do not place us on the same footing in Turkey as the great European powers, has decided to increase the Turkish customs duties from 8 to 11 per cent without consulting the Government of the United States; that the contention is that, since the 5 per cent duty which was stipulated in the old capitulations was not specifically mentioned in our treaty of 1830, the United States is entitled only to their interpretation of most-favored-nation treatment, which means that every time the European powers choose to abandon any of their rights in return for consideration we should likewise be obliged automatically to cede ours without even being consulted with regard to them. "Mr. Leishman states that for us to admit this would be a dangerous precedent which would sap the very foundation of our capitulation rights, judicial and commercial, and would be an acquiescence and recognition on our part of differential treatment; that our rights in this matter are based not only on the treaty of 1830 wherein they are implied, but also on the English Convention of 1838 (see Hertslet Treaties and Conventions, vol. 5, p. 506), the benefits of which by an agreement with the Sublime Porte were extended to us in the following year (see Porter's dispatch No. 24, of November 20, 1839, to the department); that, after the denunciation in 1884 by the Turkish Government of the commercial treaty which was concluded in 1862 in default of a new convention, it would seem that we possessed the right to return to the status quo ante; that by Article I of this convention of 1838 all privileges, rights, and immunities granted by the capitulations and existing treaties were forever confirmed, while any rights which may be given later to other powers were equally granted; that in the additional articles of this convention the import duty of 5 per cent was further specifically mentioned; that this was also mentioned in the treaty of 1841 concluded between Turkey and Hamburg, Lubeck, and Bremen, the benefits of which must have been extended, of course, to us; that, having been thus in clear possession of certain specific rights, these could not be taken from us later without our consent only by violating treaties.) File No. 4960. The Acting Secretary of State to Ambassador Leishman. [Telegram-Paraphrase.] DEPARTMENT OF STATE, (Acknowledges telegram of the 1st instant, and informs him that the department has sent a telegram to London to ascertain whether the British Government has formed any opinion as to Turkey's contention, which appears to subordinate the commercial interests of unconsulted favored-nation powers, including several minor European states, to the accord of the Berlin treaty powers.) File No. 4960/21. Ambassador Leishman to the Secretary of State. [Telegram-Paraphrase.] AMERICAN EMBASSY, Pera, April 10, 1907. (Reports that there was a meeting to-day of the European concert, which adopted the following compromise proposal: The arrangements which precede and bind the Ottoman Government to the signatory powers can in no case dispense the Sublime Porte from asking the consent of the other powers before this increase can be put into execution. Mr. Leishman states that this is fairly satisfactory, though less forcible than the British proposal. Says that the Sublime Porte will now be obliged to consult us for the customs increase; that, foreseeing that matters were reaching this point, he yesterday sent a note to the minister for foreign affairs in which he formulated our five main demands: First, the change in the tenure of deeds of title of American institutions; second, the permission to erect buildings at Cesarea; third, the granting of customs immunities at Beirut; fourth, the removal of discriminating restrictions against cotton-seed oil; and, fifth, the recognition of the American consular courts as alone competent to decide as to the legal heirs of a citizen of the United States. States that the first three questions carry out the desire of the President that American institutions be placed on equal footing with those of other powers, that the fourth prevents discrimination against American commerce, and the fifth recognizes our jurisdiction. States that this is a good opportunity for us to secure the settlement of these questions, which have been so long pending, by refusing to consent to a customs increase until the settlement is made. This will mean the obtaining by diplomatic and peaceful expedients of what could otherwise only be obtained with great difficulty. Says that he considers it important that he be authorized to inform the Sublime Porte that we will not allow the customs increase to be imposed on American imports until these questions are settled.) File No. 4960/23. The Acting Secretary of State to Ambassador Leishman. [Telegram.-Paraphrase.-Extract.] DEPARTMENT OF STATE, 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.) File No. 4960/54. Ambassador Leishman to the Secretary of State. [Telegram.-Paraphrase.] AMERICAN EMBASSY, (No. 42. Refers to his telegram of April 10 and the department's telegraphic instructions of April 13, and states that he has received a note from the Sublime Porte which says that, in reply to the different communications addressed by him to the Sultan concerning certain affairs discussed between the imperial ministry and the American embassy, he is informed that in compliance with a mazbata of the council of ministers sanctioned by irade of His Imperial Majesty, the Sultan, the Sublime Porte has decided as follows: Firstly, that the Sublime Porte has by imperial order already communicated to the embassy the decision reached previously of treating American institutions and establishments in Turkey on the same footing as those of other nations; that, in applying this principle, the Sublime Porte has proceeded to correct the registers of such institutions and establishments which form part of the list filed by the embassy which were occupied by and in the possession of Americans, but without regular deeds of title; and that an irade of His Imperial Majesty the Sultan has just ordered the execution of this formality so far as it concerns the institutions and establishments of which the embassy had requested the change of titles and which were submitted 85111-F B 1907-VOL 2-30 |