November 13, 1912, concerning the conviction of the captain of the steamship Texas by the Ottoman Court at Smyrna. The Imperial Ministry regrets that it is unable to modify its previous communications on this subject, and at the same time calls attention to the fact that the accident in question took place in Ottoman waters and not elsewhere, which renders indisputable the competency of the Ottoman courts in the case. FOR PROTEST OF THE UNITED STATES AGAINST REQUISITIONS OF AMERICAN PROPERTY BY THE TURKISH GOVERNMENT MILITARY PURPOSES. File No. 367.11/26. The Secretary of State to the American Ambassador. [Telegram.] DEPARTMENT OF STATE, Washington, November 19, 1912. Several American consular officers in Turkey report the seizure of horses belonging to Americans by Ottoman authorities for military purposes. While Department is of opinion that there is insufficient legal basis upon which to rest a formal protest against the requisition of horses in cases of military necessity by the Ottoman authorities, yet you should, in the event that this practice continues, point out to the Sublime Porte that payment must be made in ready money in all such cases, or if this is impracticable, acknowledgment made by receipt with a view to future payment. In cases of requisitions already made, you will demand their return, or that full payment be made, or their acknowledgment by receipt. The Department is informed that British and German horses have been seized, which in the case of the British were returned to their owners on demand of the British Consul General, and the German Embassy has protested against the seizure of German horses. If it be true that horses belonging to other foreigners have been returned, or if the Ottoman Government has promised not to seize. horses belonging to foreigners, you will, of course, in all cases demand most-favored-nation treatment. ΚΝΟΥ. File No. 367.11/82. The American Ambassador to the Secretary of State. No. 322.] AMERICAN EMBASSY, Constantinople, November 21, 1912. SIR: Replying to your telegram dated November 19, concerning the seizure of horses [etc.], I have the honor to enclose herewith copy with translation of the circular note on the subject, dated October 10, 1912, received from the Sublime Porte, and also the note verbale identique dated October 12, 1912, in reply thereto, protesting against the requisition "de vive force" of horses and conveyances belonging to foreign subjects. Prior to the receipt of the above-mentioned telegram, I instructed our consular officers to demand in all such cases most-favored-nation treatment. W. W. ROCKHILL. I have [etc.] [Inclosure 1-Circular note-Translation.] The Ministry for Foreign Affairs to the American Embassy. SUBLIME PORTE, MINISTRY FOR FOREIGN AFFAIRS, The commission for the purchase and requisition of horses having had occasion to ascertain that certain consulates, surprised in their good faith, have delivered through their chancelleries certificates showing as foreign property horses belonging to Ottoman subjects, the Imperial Ministry will be obliged to the Diplomatic Missions if they will kindly instruct their consular agents to act with more circumspection. It would be desirable above all that no such certificates be delivered for horses of private carriages, which are subject to requisition. The Imperial authorities have received, on the other hand, severe instructions to see that no irregular proceedings take place. [Inclosure 2-Identic note verbale.] The American Embassy to the Ministry for Foreign Affairs. AMERICAN EMBASSY, Constantinople, October 12, 1912. The Embassy of the United States of America has the honor to acknowledge the receipt of the circular note verbale which the Imperial Ottoman Ministry for Foreign Affairs has kindly addressed to it on October 10, and it has not failed to communicate the contents of the said note to the agents placed under its orders. The American Embassy, however, regrets to see that, in spite of the assurances given by the Sublime Porte at the end of the above note, the military authorities of the Capital, for the past few days, proceed by force to the requisition of horses, chariots and automobiles belonging to foreign subjects. Consequently the Embassy of the United States begs the Sublime Porte to kindly reiterate urgently its severe instructions to the competent authorities with a view to putting an end to such proceedings, for which it reserves from the present moment to assert any claims of damage and interest which may be presented to it. File No. 367.11/127. The American Ambassador to the Secretary of State. No. 374.] AMERICAN EMBASSY, Constantinople, January 31, 1913. SIR: With reference to my despatch No. 322 of November 21, 1912, concerning the requisition by Ottoman authorities, for military purposes, of horses and vehicles belonging to foreign subjects, I have the honor to enclose herewith copies and translations of notes further exchanged between the Sublime Porte and the Embassy on the subject. W. W. ROCKHILL. I have [etc.] [Inclosure 1-Identic note verbale.] The American Embassy to the Ministry for Foreign Affairs. AMERICAN EMBASSY, Constantinople, January 25, 1913. In continuation of its identic note verbale of October 12, 1912, concerning the requisition for war purposes of horses and vehicles belonging to foreign subjects, and in reply to the observations made by the Sublime Porte on this subject, the Embassy of the United States of America has the honor to point out as follows: While reserving the question of principle as to the legitimacy from the point of view of the Capitulations, and while admitting, out of considerations of convenience, that the Imperial authorities are justifiable to a certain extent in having recourse to such requisition, the Embassy of the United States of America desires to point out that such requisition, in order that it may be valid and executed in conditions excluding all abuses and irregularities, can take place only with the assistance of the Consulates. For the same reasons the estimate of requisitioned objects, in view of an indemnity to be paid to the interested party, could not take place under the exclusive direction of the Imperial authorities. The Embassy of the United States has therefore the honor to beg the Imperial Ministry to kindly issue the necessary orders in order that the requisition and estimate in question be made only in conformity with the above-mentioned principles. [Inclosure 2-Note verbale-Translation.] The Ministry for Foreign Affairs to the American Embassy. SUBLIME PORTE, MINISTRY FOR FOREIGN AFFAIRS, The Ministry for Foreign Affairs has the honor to acknowledge the receipt of the Note Verbale which the Embassy of the United States of America has kindly addressed to it on January 25, 1913, for the purpose of formulating certain objections regarding the requisition for war purposes of horses and vehicles belonging to foreign subjects. In reply, the Imperial Ministry deems it its duty to point out again that foreigners residing in all countries being, equally with the natives, subject to the measure of requisition enacted in time of war, the reservations made by the Embassy of the Republic as to the legitimacy of this measure could in no way be justified. As to the presence of the consular dragoman during the estimate of the said horses and vehicles, the Imperial Ministry begs to point out that the question of requisition being one of those which are related to the national defense and consequently has an urgent character, it could not admit of consular assistance, especially as the Imperial authorities pay very great attention to the estimate of the value of the horses and vehicles in question, in order to avoid any legitimate claim on the part of foreign nationals. File No. 367.11/131. The American Ambassador to the Secretary of State. No. 429.] AMERICAN EMBASSY, Constantinople, February 24, 1913. SIR: Referring to the Embassy's despatch No. 374 of the 31st ultimo, in regard to requisitions made by the Ottoman authorities for war purposes, I have the honor to enclose herewith a copy, with translation, of a note verbale identique on this subject sent recently to the Sublime Porte by the diplomatic missions in this city. I have [etc.] W. W. ROCKHILL. [Inclosure-Identic note verbale.] The American Embassy to the Ministry for Foreign Affairs. AMERICAN EMBASSY, Constantinople, February 22, 1913. The Embassy of the United States of America regrets being unable to agree with the point of view expressed by the Imperial Ministry in its note verbale dated January 30 last, on the subject of the requisition for war purposes of horses and vehicles belonging to foreign subjects. The principal object of the communications which the Embassy has had the honor to address to the Imperial Ministry on the question was to assure in thesc proceedings, in so far as they concern its nationals and under the reserves formulated, the guaranties of a general sort established by the treaties and by custom. Every sort of requisition, as well as the appraisement for the purpose of offering the interested party a fair compensation, can therefore take place only with the presence of a consular delegate. It naturally remains understood that the payment for objects requisitioned should be arranged at the very time of the requisition, either in money or by draft accepted by the Imperial Ottoman Bank. File No. 367.11/146. The American Ambassador to the Secretary of State. No. 481.] AMERICAN EMBASSY, Constantinople, April 29, 1913. SIR: Referring to the Embassy's despatch No. 429 of February 24, 1913, on the subject of requisitions for war purposes, I have the honor to enclose herewith a copy and translation of the Porte's reply [Enclosure 4] to the note verbale identique therein transmitted; also copies and translations of notes exchanged between the diplomatic missions and the Porte in regard to the occupation of foreigners' houses at San Stefano by Ottoman troops. I have [etc.] W. W. ROCKHILL. [Inclosure 1-Circular notice-Translation.] The Ministry for Foreign Affairs to the American Embassy. At the request of certain foreign missions, the Ministry for Foreign Affairs had sent the necessary communications to the Imperial Departments of War and the Interior for the safeguarding of the furniture, as well as articles of value, found in the houses at San Stefano belonging to foreign subjects where soldiers were to be lodged. In the meantime, the military authorities have informed the Department of the Interior that, in view of the needs of the army, it has been decided to lodge the troops in the unoccupied houses of the locality, but that in order to protect the articles of furniture found there they have ordered that they be placed in a room under seal in the presence of the members of the municipality, the Mouktar and the gendarmes. The said authorities add, however, that if the foreign missions desire it they may send a delegate from their consulates in the cases in which foreigners are interested. SUBLIME PORTE, MINISTRY FOR FOREIGN AFFAIRS, Constantinople, March 4, 1913. [Inclosure 2-Identic note verbale.] The American Embassy to the Ministry for Foreign Affairs. AMERICAN EMBASSY, Constantinople, March 8, 1913. The Embassy of the United States of America has had the honor to receive the circular notice of the Imperial Ottoman Ministry for Foreign Affairs of March 4, 1913, concerning the requisition of real property at San Stefano. The Embassy reserves the question of principle relative to the legitimacy of this measure from the point of view of the treaties in force. At any rate it could not admit that in a case as important as the occupation by troops of houses belonging to foreigners, the inviolability of which is consecrated by express stipulations, the Imperial authorities could of themselves decide the matter without previous agreement with the diplomatic missions. The Embassy of the United States consequently feels obliged to protest against this proceeding, and to make the most formal reserves in regard to the damages and losses which will result from it for those within its jurisdiction; and declares that from this moment it holds the Imperial Government responsible for the reimbursement of the amount of the damages caused in this connection. The Embassy of the United States of America regrets that consular assistance, which was provided for in the last paragraph of the above-mentioned notice, and which constitutes not a concession but an unquestionable right, has not been required at the proper time in all the cases which have arisen up to the present. [Inclosure 3-Circular note verbale-Translation.] The Ministry of Foreign Affairs to the American Embassy. SUBLIME PORTE, MINISTRY FOR FOREIGN AFFAIRS, The Ministry for Foreign Affairs has had the honor to receive the note verbale identique which the American Embassy addressed to it on the 8th of March last, in regard to the requisition of property at San Stefano belonging to American citizens. The Commander-in-Chief ad interim of the Imperial Army, upon being informed of this step, calls attention to the fact that in time of mobilization the lodging of troops in the villages where they happen to be is provided for by the Ottoman law, as also by the laws in force in all countries, without this fact entailing the obligation of indemnifying the inhabitants. The installing of troops in the houses at San Stefano took place by virtue of this rule. The foreign proprietors, who are in questions of real estate assimilated to Ottoman subjects, could not, owing to this fact alone, as well as considerations purely humanitarian, claim an exceptional treatment. The Imperial Ministry feels obliged to point out that, always solicitous to safeguard foreign interests as far as possible, the Imperial Government decided to have recourse to this measure only when the rigors of winter made themselves felt to an extreme degree. In bringing what precedes to the knowledge of the American Embassy, the Imperial Ministry is persuaded that it will kindly recognize that there is in this matter a case of force majeure and that, consequently, the Imperial Government could not be held to pay to foreign proprietors in the above-mentioned village an indemnity on the ground of the occupation of their houses. |