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File No. 9757/4-5.

No. 493.]

Chargé Brown to the Secretary of State.

AMERICAN EMBASSY, Constantinople, November 29, 1907.

SIR: I have the honor to acknowledge your instruction No. 287 of the 13th instant (file No. 9757), in reference to the opening by Turkish officials of the mail of American missionaries.

I have already had occasion to unofficially call the attention of the Ottoman postal authorities to abuses in this respect, and in compliance with your instructions I have this day addressed a formal note to the minister of foreign affairs (as per inclosure), reminding the Sublime Porte of its assurances in 1892, and the positive orders which it issued in the latter part of that year, that letters addressed to Americans should not be detained.

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Mr. MINISTER: I have the honor to inform your excellency that it is complained by American missionaries residing in Turkey that their mail is often opened and subjected to long delay in delivery.

Acting under the instructions of my Government, I would respectfully remind the Imperial Ottoman Government of the assurances given by the Sublime Porte to the legation in 1892 in this regard, and of the positive orders issued the latter part of April of the same year that letters addressed to Americans should not be detained.

I am confident that such instances of abuse as alluded to have been without the knowledge of the superior postal authorities, and that necessary steps will be promptly taken to guard against further interference with private mail by subordinate officials.

I take, etc.,

PHILIP BRown.

REMOVAL OF RESTRICTIONS ON AMERICAN PATENT MEDICINES IMPORTED INTO TURKEY.

File No. 7523.

No. 308.]

Ambassador Leishman to the Secretary of State.

AMERICAN EMBASSY, Constantinople, June 22, 1907. SIR: I have the honor to inform you that among the matters which the embassy has recently succeeded in settling has been the admission of certain American patent medicines, the entry of which had previously been forbidden in Turkey. I have just received a note from the ministry for foreign affairs informing me that the former restrictive regulations with regard thereto have now been removed.

I have, etc.,

85111-FR 1907-VOL 2-31

JOHN G. A. LEISHMAN.

File No. 6766/18.

EXTRADITION PROCEDURE.

Ambassador Leishman to the Secretary of State.

[Telegram.-Paraphrase.]

AMERICAN EMBASSY,
Pera, October 3, 1907.

(Reports that the extradition of Levan Kritichian, now held by the New York police commissioner, has been requested by the minister for foreign affairs. States that Kritichian is charged with being implicated in the murder of Apik Effendi, the rich Armenian, referred to in Vartanian correspondence, who was killed for refusing to donate money to the Armenian revolutionary committee. Says that Kritichian is also charged with complicity in attempted assassination of the Sultan two years ago, for both of which crimes he has been condemned by default by the Ottoman authorities.)

File No. 6766/18.

The Acting Secretary of State to Ambassador Leishman.

[Telegram.-Paraphrase.]

DEPARTMENT OF STATE, Washington, October 5, 1907.

(Informs Mr. Leishman that under the extradition treaty of 1874 request for extradition should be made by the Turkish minister here, or in his absence, by superior consular officer; directs him to see article 5. States that in order that a fugitive may be legally held some person representing the Ottoman Government, such as the Turkish consul-general at New York, should appear at once before the extradition magistrate and swear out a warrant on information and belief, charging the fugitive with a crime which is extraditable by treaty; that fugitive will then be held for a reasonable time to await the arrival of formal extradition papers. Instructs him to see section 5270 of the Revised Statutes for full method of procedure and to so inform the minister for foreign affairs, and state that since condemnation by default is not recognized in the United States, a fugitive in this condition is in the same situation as a fugitive merely charged with crime, and that if extradition is desired in this case, the application must be supported, as in all applications where the fugitive has not been convicted, by a copy of the warrant of arrest and evidence sufficient to make out prima facie case against fugitive. Says that surrender for trial can take place only upon the charge contained in the application papers. Adds that if more offenses than one, even though of the same character, have been committed, the papers should cover all charges upon which the fugitive is to be tried.)

PROTECTION OF AMERICAN CITIZENS AGAINST ACTS OF

File No. 189/8-10.

No. 298.]

BRIGANDAGE.

Ambassador Leishman to the Secretary of State.

AMERICAN EMBASSY, Constantinople, June 12, 1907. SIR: With further reference to my dispatch No. 285, of the 4th instant, relative to recent cases of brigandage in Turkey, I now have the honor to inclose a petition which has reached me on this subject, signed by American residents in Smyrna and transmitted to me by our consul in that city, together with the copy of a note I have sent to the Sublime Porte on this subject. In connection herewith I would state that as the matter appears to me to pertain to the internal condition of the Ottoman Empire, I did not feel warranted in going further than I have done, and I trust that the tenor of my note may commend itself to the approval of the department.

The evil of brigandage is one to which Turkish subjects are far more exposed than foreigners, as the brigands are aware of the fact that the same energetic steps will not be taken in case of the capture of the former. While it is unfortunate that the general conditions. of security in Turkey are not what they ought to be, at the same time it can not be said that any American business interests are imperiled, as liability to capture is chiefly confined to residents on farms in isolated country districts. As the matter, however, has of late assumed greater proportions, it seems probable that the Turkish authorities will again take energetic steps with a view to its suppression. Already they appear to have done so, and have lately captured the brigand chief who had taken Baron van Heemstra (mentioned in my previous dispatch on this subject), and have recovered some Lt. 1,600 of the ransom, which was found upon the chief's person. JOHN G. A. LEISHMAN.

I have, etc.,

[Inclosure 1.]

Petition of American citizens in Smyrna to Consul Harris.

SMYRNA, May 30, 1907.

SIR: We, the undersigned members of the American colony, having in mind the danger from murderous bands of brigands infesting the Vilayet of Aiden, who frequently attack persons having business in the interior if such person venture beyond the actual confines of the cities, do now therefore request that you communicate with his excellency the American ambassador at Constantinople and expose these facts.

In the official position which you hold you will doubtless have been apprised of the frightful atrocities lately perpetrated in the Odemish district on innocent peasants by bands of brigands. You will recall the murder of a peaceful farmer and the capture of his two nephews near Kuluk last year, the capture of the manager of the Baltazzi Chiflik within twelve months, and the premium put upon brigandage by the recent payment of a heavy ransom to prevent the murder and obtain the release of a young Dutch farmer quietly pursuing his vocation near Smyrna.

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Aside from brigandage, the Vilayet is composed of a peaceable and law-abiding community, who are principally merchants and farmers, but business is seriously hampered by the numerous bands of brigands, and little or no effort is put forth by the Turkish authorities to exterminate this evil.

We do therefore request that a copy of this petition be forwarded to the American ambassador and also to the President of the United States, and we herein do petition the representative of our Government in Turkey to demand from the Sublime Porte that all brigands be caught and hung or forced to leave the country without delay. And we do further request that the President of the United States will give his official support to the efforts of the American ambassador in our behalf.

We believe similar petitions are being sent to their diplomatic representatives by other foreign colonists residing in and about Smyrna. We are, etc.,

E. J. DAVES.

F. BLACKLER.
RUFUS W. LANE.

J. D. LANGDON.

ALEXANDER MARAVIAS.
ANTHONY F. PROSSEN.
M. E. LAMBICHY.
C. W. LAWRENCE.
CHARLES K. TRACY.
S. L. CALDWELL.
ANTONY F. BINSON.
JOHN H. OFFLEY.

[Inclosure 2.]

Ambassador Leishman to the Minister for Foreign Affairs.

AMERICAN EMBASSY, Constantinople, June 12, 1907.

MR. MINISTER: I have the honor to call your excellency's notice to the recurrence of numerous acts of brigandage in the Vilayet of Aiden, which have of late disturbed the peace of that province, and to request your excellency to be so good as to bring to the attention of the competent departments of the Imperial Government the urgent advisability of taking the proper steps to remedy this evil, which is equally detrimental to Ottoman subjects and to foreigners. While it is agreeable for me to bear witness to the energetic zeal which has distinguished certain of His Majesty's officers, and notably General Said Pasha, in their efforts to suppress the brigands and to the recent success in capturing the brigand chief, who had taken Baron Van Heemstra, I trust that in the interest of the entire community these efforts may speedily be followed up by further measures directed against the brigand bands, in order that general tranquillity and security may again be restored to the vilayet and that the normal conditions favorable to commerce may once more be enjoyed by Americans resident therein.

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SIR: I have to acknowledge the receipt of your dispatch No. 298, of the 12th ultimo, transmitting a petition of American residents of Smyrna that you demand the suppression of brigandage in Turkey, and inclosing a copy of your note on the subject to the Sublime Porte.

Your action in the matter is approved by the department. It is desirable, where ground may exist for apprehending acts of brig

andage against American citizens or property, to emphasize in advance the duty and responsibility of the Turkish Government to use its police authority to prevent such acts. By so doing sound basis is laid for claiming due redress if proper protection be not afforded.

I am, etc.,

ROBERT BACON.

RESTRICTIONS ON THE IMPORTATION OF TYPEWRITING MACHINES.

File No. 6655.

The Acting Secretary of State to Ambassador Leishman.

No. 1077.]

DEPARTMENT OF STATE,

Washington, April 28, 1906. SIR: The department incloses herewith copy of a letter from the president of the Smith Premier Typewriter Company, of New York City, under date of the 24th instant, protesting against the customs requirements of the Turkish Government as respects the importation of typewriters. It is alleged that a certificate is required to the effect that the machine is for the personal use of the buyer, thereby making it so difficult to do business in that country as to practically amount to a prohibition.

You are instructed to bring this matter of burdensome restrictions on an important branch of our export trade to the attention of the Turkish Government, with a view of securing the desired relief.

I am, etc.,

ROBERT BACON.

[Inclosure.]

The president of the Smith Premier Typewriter Company to the Secretary of

State.

THE SMITH PREMIER TYPEWRITER COMPANY,

New York, April 24, 1906.

SIR: Our European manager also calls our attention to the fact that the Turkish Government is placing all sorts of difficulties in the way of the importation of typewriters, so much so that our local representative there writes to our European manager that he can not clear a machine through the custom-house unless the buyer certifies that it is for his personal use, and that this stops him from bringing in any machines that are not sold beforehand, and therefore prevents his keeping any stock, etc.

Our local dealer in Constantinople goes on to say in his letter to our European manager that the Sultan has on several occasions prohibited entirely the importation of typewriters into Turkey, but that the action of the English and American ambassadors has resulted in having the "Irade" withdrawn, but he says that this last move of requiring a certificate that the machine is for the personal use of the buyer, makes it so difficult to do business in that country as to amount to practically the same thing as the prohibition.

I bespeak for these two matters your most favorable consideration, and will sincerely appreciate exact information concerning the conditions, and beg to remain, etc., TIMOTHY L. WOODRUFF.

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