XXIII. AMERICAN RIGHTS

It has been stated by American officials in 1895 and 1896

that the missionaries, having forced themselves into

Turkey against the will of the government, had no legal

rights there and no claim to protection. The officials who

made these statements must have been wilfully ignoring the

facts of recent history. The missionaries were supported

and encouraged by the three sultans, Mahmud the strong,

Abd-ul-Medjid the weak, and Abd-ul-Aziz the weaker. They

stand on a firm basis of treaties, special enactments, and

concessions,—a basis in which the present sultan, with

all his acuteness and his hatred of mission work, could

find no flaw. Had it been possible to argue with a shadow

of plausibility that the mission was against the law, or

that it was not guaranteed by enactments inviolable even

by a sultan protected by the six Powers, the property

would have been destroyed and the mission silenced. The

attempt was made, but failed; and the action of officials

who destroyed mission property at Kharput, etc., was

ostensibly disowned.

Further, the action of strong, free American life in

Turkey must always tend to strengthen the movement there

towards that freer and more elastic order which belongs

to all the English speaking peoples. But, though the

mission work has, undoubtedly, exerted a great influence

on the political situation in Turkey, the mission policy

has studiously and consistently been non-political, and

has zealously inculcated the doctrine of non-resistance

and obedience to the existing government.

—PROF. W. M. RAMSAY, D. C. L. in

Preface of “Impressions of Turkey.”

The right to exercise their functions as a class possessing special

privileges had been granted to ecclesiastics of Christian nations by

the voluntary extension of the Edict of Toleration of 1453 given by the

Ottoman government after the fall of Constantinople. Turkish usage for

nearly four hundred years was the warrant for the entrance of American

missionaries into the country and their assurance of immunity from

official molestation.

They entered without diplomatic negotiations between the United States

and Turkey. Not, indeed, till ten years after American missionaries had

begun work in Turkey was the first treaty between the United States and

that country concluded. Previous to that time the missionaries were

protected by England, which had treaties with the Ottoman government

conceding extra-territorial rights to all British subjects. The Sublime

Porte did not seem to recognize any difference between an English

subject and an American citizen for all were “Frank Christians” to him,

hence the protection afforded was ample.

It cannot be predicted as in the case of most countries how many and

what ordinary international rights will be conceded to foreigners

by the Ottoman government. Rights in Turkey are based not upon

any principle of international law usually prevailing between

Christian nations but upon special treaties which bear the name of

“Capitulations” and “Concessions.” Intercourse of the Christian world

with Mohammedan countries does not proceed according to the law of

nations. International law as practised by the civilized nations of

Christendom is an outgrowth from the communion of ideas existing

between them and rests upon a common conception of justice and right.

Between the Mohammedans and the Christian nations of Europe and America

there exists no such common idea or principle from which could result a

true international law. Relations one with the other have, therefore,

to be regulated by special “capitulation” or “concession” granted by

the ruler of the Mohammedan country.

For this reason, even to the present time, the law of nations as

known and practised throughout Christendom has not been applied in

the relations existing between Turkey and the Christian Powers. But

ever since the Sublime Porte, under stress of circumstances, began to

abandon most reluctantly and by slow degrees its ancient usages towards

other nations, and imperfectly to adopt those of Christendom, its rule

of international conduct has gradually approached that of Europe.

A capitulation on the part of the Turkish empire is regarded by the

sultan and his associates as a concession to foreigners, which they

have a right at any time to annul or destroy if, in their judgment,

such annulment or destruction is for their advantage. The sultan does

not wish to consider a capitulation as imposing a perpetual obligation

upon him or his officials. It is a privilege rendered foreign powers

which can be withdrawn without notice and without explanation. Only

in view of these facts can the treatment of missionaries and other

foreigners by the officials of Turkey be understood.

The Porte has agreed at various times to exercise no preference towards

any of the states with which it has treaties, but to make them all

share alike in the benefits of the provisions contained in the treaties

it has entered into with each. In all its treaties of commerce since

1861, the expressed statement is, “That all the rights, privileges, or

immunities which the Sublime Porte now grants or may hereafter grant

to the subjects, vessels, commerce, or navigation of any other foreign

power, the enjoyment of which it shall tolerate, shall be likewise

accorded and the exercise of the enjoyment of the same shall be

allowed, to the subjects, ships, commerce, and navigation of the other

powers.” It is evident from this quotation that every nation holding

treaty with Turkey has equal rights and privileges with those of any

nation treating with the Ottoman government.

Without dwelling at length upon the various treaties and the steps

which led to their formation, it will suffice to say that these

include, among many other things, the following privileges:

Permission to foreigners who come upon Moslem territory freely to

navigate the waters and enter the ports of the same, whether for

devotion and pilgrimage to the holy places, or for trading in the

exportation and importation of every kind of unprohibited goods.

Exception is made, however, with reference to the Hejaz Province in

which the two holy cities of Islam are located.

Freedom to follow on Moslem ground one’s own habits and customs, and

perform the rites and fulfil the duties of one’s own religion.

Right of foreigners to be judged by the ambassadors and consuls of

their respective governments in suits both civil and criminal, between

one another, and the obligation of the local authorities to render aid

to the consul in enforcing his decision and judgment concerning the

same.

Inviolability of foreigners’ domiciles and, in event of urgent

necessity for arresting a delinquent, obligation of government

officials not to enter the dwelling-place of a foreigner without having

previously notified the ambassador or consul, and unless accompanied by

him or his deputy.

These statements are sufficient to show that merchant, traveler, and

missionary in Turkey are there as foreigners, and as such they and

their domiciles are under foreign protection. They have the privilege

of holding property and of buying and selling the same. Mission Boards

and foreign companies, being foreign corporations, cannot hold property

in the empire. All property real and personal is held in the name of an

individual. Exception is made in the case of the schools which have a

firman (imperial irade) or which have obtained formal recognition from

the sultan, in which case the institution itself holds the property in

its own name, being a recognized chartered institution.

It is well that the missionary and merchant have been and still are

independent of the Turkish officials, for, with the ignorance of

those in the interior and their readiness to play into the hands of

every rival or persecuting agency, there would be constant liability

to arrest, imprisonment, and even deportation. In spite of the

extra-territorial laws, missionaries and merchants repeatedly have

been put under arrest for imaginary charges, and otherwise officially

annoyed. These difficulties have been met in quietness and overcome

without loss of position or prestige. In no instance has a missionary

been arrested for an actual crime or misdemeanor. The usual charge

against them is that they are plotting against the government, and

the officers make attempts to search their houses for documentary

evidence and for arms. These various evidences of hostility have not

seemed to strain the generally friendly relations existing between the

missionaries and the local governments.

Perhaps it should be stated here that all foreign capital invested

in the country is held in the same way and has the same foreign

protection. This is true of all Catholic institutions, Russian

churches, monasteries, and schools, German orphanages, and mercantile

warehouses, English residences, and stores,—everything that belongs to

foreigners representing foreign capital is under foreign protection.

At the same time it is recognized that the school, hospital, or church

which occupies one of these foreign buildings is a foreign institution

and as such has, according to the Turkish capitulations, special

immunities and privileges. All dealings with the Turkish government,

even to the present time, are based upon this supposition. This does

not seem strange or unnatural to the Turkish government, which permits

the English, German, French, Austrian, and other governments to have

their own post-offices at Constantinople, Smyrna, and other ports,

in which they sell only their own postage-stamps and conduct all the

postal business they can procure.

Under treaty rights above quoted, every concession or privilege granted

by the sultan to the schools, churches, hospitals, or institutions

belonging to England, France, Russia, or any other country, belongs by

right to American institutions. The fact that America was discriminated

against in this respect for many years, and that American institutions

were thus deprived of privileges and concessions which had been

conceded to similar institutions of several European powers, is well

known, both at Constantinople, and in the United States. Happily these

matters have now been adjusted.

After seven years of negotiations, in 1907 the sultan finally conceded

in a formal manner the same rights and privileges to American

institutions in his dominion which had already been granted to similar

institutions of France, Russia, Germany and other countries; but as yet

in most cases this concession exists largely in form, while the actual

enjoyment of the privileges is withheld. At the same time insuperable

obstacles are thrown in the way of the purchase of real estate by

Americans and they are even forbidden to improve property which they

have already acquired. It is only by eternal vigilance that American

interests in Turkey can be safeguarded.

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