of Leon H. Manoug (or Manoukian) of the question long at issue concerning the disposal of his father's estate. The department will remember this case, which has been dragging for several years. John Manoukian, an American citizen, naturalized prior to 1869, whose citizenship was recognized by the Turkish Government, had died intestate, and our consular court at Constantinople decreed that his legal heir was his son, Leon Manoukian. The father had, however, been living for some time past with his servant, a woman named Aghavni Papazian, who after his death obtained a fraudulent marriage certificate from the Armenian Catholic patriarchate, and on the strength of this secured a decision from the Ottoman "sheri," or religious court, giving her a claim to the estate, which she thus succeeded in attaching. Further complications ensued from her transferring her alleged portion to a third party, who in turn mortgaged it. The legation, after making urgent representations with the Sublime Porte in this matter, succeeded in obtaining recognition of the competence of our consular court alone to decide who are the legal heirs of an American citizen, but the Porte was unable to constrain the department of imperial archives to issue the title deeds of the estate, which had been withheld from the legal heir. The matter thus remained in statu quo, owing to the conflict in authority between the Sublime Porte and the "sheri" court, or, in other words, between the civil and the religious authorities. In the meantime the woman, Aghavni Papazian, had taken possession of an apartment house in Constantinople belonging to Leon Manoukian, and refused to vacate the same on the ground of her being joint heir and coproprietor with the son of the deceased. The embassy again called the Porte's attention to this and repeated its previous request that the necessary title deeds be at once issued to the real heir (inclosure No. 1). It further included this question as the fifth demand in its note No. 870, of April 8. No answer was made to this in the Porte's note of May 3 last, which settled the other four pending questions. Repeated inquiries at the Porte elicited the information that it had been sent to the grand vizier, who, being in partial disfavor and desiring to evade all responsibility, passed it over to the council of state. Thence it was sent to the Sheikh ul Islam, who is at the head of the religious courts. As the question concerned a recognition on the latter's part of the incompetency of his own court, I caused efforts to be made to remove him from the decision of this matter. It then reverted to the grand vizier, who, although willing to regulate it, experienced fresh obstacles at the hands of the director of the imperial archives, who, taking the part of the sheri court, averred that the affair was one concerning real estate. Fresh representations, however, succeeded in overcoming this obstruction, and I am pleased to be able to transmit to the department a translation of the note which I have received from the minister for foreign affairs, and to further inform it that the title deeds have been issued to Manoukian. This is especially agreeable to me, not only because an injustice has thus been corrected, but for the important principle involved in the recognition of the jurisdiction of our consular courts as alone competent to decide who are the legal heirs of an American citizen. I have, etc., JOHN G. A. LEISHMAN. [Inclosure 1.] Ambassador Leishman to the Minister for Foreign Affairs. AMERICAN EMBASSY, Constantinople, April 8, 1907. MR. MINISTER: I have the honor to refer your excellency to the correspondence in the well-known case of the estate of John Manoukian, deceased, and more especially to the Sublime Porte's note No. 54634/27, of the 5th of October, 1903, which states that in conformity with the demand of the embassy, the American consular court was recognized competent to decide who are the heirs of a deceased American citizen. The American embassy deeply regrets that up to this date the Sublime Porte has not yet put into execution its solemn undertakings in this matter. The woman, Aghavní Papasian, encouraged by the inexplicable inaction of the Sublime Porte, which has not even acknowledged receipt of this embassy's (the legation's) No. 502, of the 7th of February, 1905, has, according to official information furnished to the embassy, entered by ruse into the apartment house situated at Rue Chaksouver belonging to Leon Manoukian, the son and only heir of the above-mentioned John Manoukian, deceased, and installed herself in the house, claiming herself joint heir to the deceased and coproprietor with Leon Manoukian. The American embassy finds itself obliged to again ask the Sublime Porte to immediately cause title deeds to be issued in the name of the said Leon Manoukian, and also for one-eighth of any mulk properties in which the said woman, Aghavni Papasian, through well-known means had obtained title deeds from the department of imperial archives, claiming herself as the widow of the deceased American citizen. The embassy also asks that immediate measures be taken to at once turn the above-mentioned Aghavni out of a house to which she has no right whatsoever. This embassy has further to hold the imperial Ottoman Government responsible for any and all consequences resulting from the failure of the Sublime Porte to execute its obligations. I take, etc., JOHN G. A. LEISHMAN. [Inclosure 2.-Translation.] The Minister for Foreign Affairs to Ambassador Leishman. SUBLIME PORTE, MINISTRY FOR FOREIGN AFFAIRS, Constantinople, June 13, 1907. In reply to the note No. 871, of April 8 last, which your excellency has been good enough to send me, I have the honor to inform you that by a decision of the council of state (civil section) the Defterhane has been requested to annul its previous action with regard to the estate left by John Manoukian, in accordance with the judgment rendered by the sheri court in favor of Aghavin Payrasian, and to correct the registration of the real property improperly registered in her name. TEWFIK. File No. 6107/1-4. The Acting Secretary of State to Ambassador Leishman. No. 245.] DEPARTMENT OF STATE, Washington, August 8, 1907. SIR: I have to acknowledge the receipt of your No. 301, of June 17 last, reporting the settlement in favor of Leon H. Manoug, or Manoukian, of the long-pending question concerning the disposal of his father's estate. The department is gratified at the satisfactory termination of this case, the settlement of which is in a great measure due to your energy and tact. It is also gratified at the recognition of the principle involved in the decision, namely, that United States consular courts are alone competent to decide who are the legal heirs of an American citizen. I am, etc., ROBERT BACON. CITIZENSHIP OF NICHOLAS AND THEODORE S. THEODORE. File No. 9871/-11. No. 471.] Chargé Brown to the Secretary of State. [Extract.] AMERICAN EMBASSY, Constantinople, November 2, 1907. SIR: I have the honor to submit herewith copies of recent correspondence in regard to the complaints of Nicholas and Theodore S. Theodore against the Turkish authorities of Mytilene for violation of an alleged American domicile. Both brothers claim citizenship by right of birth in the United States after the naturalization of their father, and possess passports from the State Department, dated July 7, 1906. Both have lived in Turkey since early childhood, though Theodore asserts having been in the United States from 1902 to 1906. They have evidently established their business in Mytilene, that of butchers, and apparently can not with justice claim domicile in the United States. One of them, Theodore, evidently speaks but little English, and this is probably true of Nicholas, who does not appear to have been to the United States since childhood. In 1904 he was charged with smuggling in Mytilene, and the embassy at that time declined to issue him a passport, though willing to facilitate his departure for the United States. I would respectfully submit whether it may or may not be fairly presumed that the Theodore brothers have virtually established their domicile in Turkey and assimilated themselves into the original nationality of their father, who, in 1876, resumed his residence in Turkey with his family, only a few years after his naturalization. I have, etc., PHILIP BROWN. File No. 9871/-11. No. 302.1 The Acting Secretary of State to Chargé Brown. DEPARTMENT OF STATE, Washington, December 20, 1907. SIR: The department has received your dispatch No. 471, of the 2d ultimo, relative to the claim to American protection of Nicholas and Theodore S. Theodore. They were, it appears, born in this country, and their father was a naturalized citizen of the United States, of Turkish origin. They have resided for many years in Turkey and have claimed protection as American citizens. I inclose a Inclosures not printed, a a copy of the application upon which a passport, No. 17978, was issued by the department to Theodore S. Theodore July 7, 1906, he being at that time at New Orleans, La., the place of his birth. So far as the Government's attitude is concerned, the status of their father is not material. Being born in the United States they were born citizens thereof. The extraterritorial jurisdiction which this Government claims in Turkey requires the United States to claim the right of protection and jurisdiction over citizens who are resident in Turkey, unless there be some act of such citizens amounting to expatriation. It is not believed that the facts so far developed establish such expatriation. Therefore, unless other facts are developed which show that the Theodore brothers are within the provisions of the expatriation act of March 2, 1907, or the executive orders issued thereunder, you will deal with them as American citizens. I am, etc., ROBERT BACON. OPENING BY TURKISH AUTHORITIES OF MAIL ADDRESSED TO AMERICAN MISSIONARIES. File No. 9757. No. 287.] The Secretary of State to Chargé Brown. DEPARTMENT OF STATE, Washington, November 13, 1907. SIR: I inclose a copy of a letter in which the foreign secretary of the American Board of Commissioners for Foreign Missions requests the department to endeavor to prevent the opening by Turkish officials of the mail of American missionaries. You are requested to remind the Sublime Porte of its assurances given in 1892, and the positive orders which it issued in the latter part of April of that year not to detain letters addressed to Americans. (See Foreign Relations, 1892, p. 561.) I am, etc., E. ROOT. [Inclosure.] The foreign secretary of the American Board of Commissioners for Foreign Missions to the Secretary of State. AMERICAN BOARD OF COMMISSIONERS FOR FOREIGN MISSIONS, Boston, November 5, 1907. SIR: From different parts of the Turkish Empire reports are coming to us announcing that the local officials of the Turkish Government have again begun opening the letters of our American missionaries, which are properly sealed and properly stamped for transmission through the mails. We understand that from the beginning our Government has insisted that the private mails of Americans shall be inviolate. It is evident that if the Turkish Government is permitted thus to open the letters of some of our American missionaries they will quickly assume the right to open all, and thus they will render the mail service of Turkey practically useless to us. I would therefore, on behalf of this board, respectfully ask that this matter receive the immediate attention of the State Department, in order that American interests in Turkey may be prop • Not printed. erly guarded and their rights as American citizens not infringed upon in order to satisfy the curiosity of the Turkish local officials. The infringements to which I refer occurred recently in relation to the mail of Doctor Underwood, our missionary at Erzroom, eastern Turkey, and the mail of Mr. Clark, our missionary at Monastir, in European Turkey. There may be other cases reported. I remain, etc., JAMES L. BARTON. File No. 9757/1. No. 297.] The Acting Secretary of State to Chargé Brown. DEPARTMENT OF STATE, Washington, November 26, 1907. SIR: Referring to the department's instruction No. 287 of the 13th instant, transmitting a copy of a letter from te American Board of Commissioners for Foreign Missions, in regard to the tampering of Turkish officials with mail addressed to American missionaries in Turkey, I inclose for your information a letter on the subject from the Acting Postmaster-General, to whose department Mr. Barton's letter was also communicated. I am, etc., ROBERT BACON. [Inclosure.] The Acting Postmaster-General to the Secretary of State. OFFICE OF THE POSTMASTER-GENERAL, Washington, D. C., November 21, 1907. SIR: I have the honor to acknowledge the receipt of your communication of November 14, 1907, No. 9757, transmitting a complaint from the Rev. James L. Barton, foreign secretary of the American Board of Commissioners for Foreign Missions, No. 14 Beacon street, Boston, Mass., concerning irregularities in relation to the treatment in Turkey of ordinary letters mailed in the United States and addressed to American missionaries. Mr. Barton refers particularly to the unlawful opening of ordinary letters addressed to Doctor Underwood, Erzroom, eastern Turkey, and Mr. Clarke, Monastir, European Turkey, stating that these irregularities have occurred recently. A communication has been addressed to Mr. Barton, asking that he furnish particulars of the mailing, and if possible the envelopes of the ordinary letters which are alleged to have been improperly opened. Upon receipt of this data the postal administration of Turkey will be requested to make suitable investigation at the offices to which the letters were directed; and it will be suggested that individual statements be obtained from the addressees, submitting proof that their letters have been opened at the Turkish post-offices. In reply to your inquiry whether, under the Postal Union conventions, any inquiry through the postal administration is proper, or is likely to give satisfactory results, I beg to inform you that complaints of a similar character to those submitted by Mr. Barton have been previously received, and it is the practice of this department to present the facts in such cases to whatever foreign postal administration may be concerned, believing that some remedial action will be taken. This department is inclined to assume that the Turkish authorities will take steps to prevent the unlawful opening of letters on the part of postmasters, or other Turkish officials having access to the international mails, forwarded to that country, more particularly as the sanctity of the seal is a matter of universal importance and appears to be so considered by every administration of the Postal Union. Respectfully, F. H. HITCHCOCK. |