TURKEY. AMERICAN RELIGIOUS, CHARITABLE, AND EDUCATIONAL INSTITUTIONS IN TURKEY. No. 173.] Ambassador Straus to the Secretary of State. [Extract.] AMERICAN EMBASSY, Constantinople, May 16, 1910. SIR: In my dispatch No. 141, of April 12, last,' I gave you a brief outline of the status of the negotiations respecting American educational and missionary institutions, referring to the obstacles interposed by the Ottoman Government in respect to taxation and the correction of the register of the land titles. In 1907 the embassy, under the authority of the department, agreed to the increase of the Ottoman customs dues from 8 per cent to 11 per cent; at the same time an understanding was arrived at between my predecessor, Mr. Leishman, and the minister for foreign affairs "reaffirming the imperial decree issued in 1904 recognizing the legal standing of existing American religious, educational, and charitable institutions established in the Ottoman Empire, as indicated in the list filed with the Sublime Porte in February, 1903." It was further understood that the Ottoman Government would consent to the correction of the registers of titles of properties owned and occupied by such institutions, namely, the correction of the registers from the name of the individual holding such property in trust to that of the institution or corporation for which such property was so held; and, further, that such institutions or corporations should enjoy all the privileges, exemptions, immunities, and rights enjoyed by similar religious, educational, and charitable institutions of the most-favored nation. Under and by virtue of this understanding, upon the presentation of the title deeds, the register of some 30 or more of these institutions was corrected. Shortly after my arrival here in September last, I discovered that the Porte was not carrying out its agreement as understood by the embassy, but was raising various obstacles and legal quibbles to the making of the transfers. The American institutions above referred to are located in about 140 different localities throughout the Empire, and in many of these localities there are three or four different institutions, such as schools, churches, orphanages, and hospitals. The objections to the transfer come under two specific heads. In three of the cases the objection is made that the property is recorded in the name of a Turkish subject; in the remainder of the cases the objection is made that the real owners, such as the American Board of Commissioners for For eign Missions and the American Presbyterian Board, etc., are corporations, and that in order that the transfer of real property may be made to such bodies, they must comply with and come under the Ottoman law of association of August (1325), 1909. I carefully examined this law and have conferred with the representatives of the missionaries here, and they agree with me that it would be most unwise to consent to come under the provisions of this law, as under this law the Ottoman authorities, civil and judicial, could without much stretch of authority practically impede, if not arrest, the work of these various American institutions. For your fuller information I append a translation of the "law on associations." The dragomans of the embassy since May, 1907, and before then, have on repeated occasions discussed the various phases of the subject with the legal advisers of the Porte. In April last I had a careful discussion with the minister for foreign affairs and plainly showed my impatience with the objections that had been raised as being contrary to the definite understanding between the Porte and the embassy to which I have referred. Following that conference namely, on the 16th of April last-I addressed a letter to the minister for foreign affairs, accompanied by a memorandum of the various cases that were presented for transfer and which had been held up for one reason or another. For the information of the department I inclose a copy of said letter with the accompanying memorandum. I have had conferences with several of my colleagues who are equally interested in this subject and who have made application for the correction of the registers of real property of their respective religious, educational, and charitable institutions-namely, with the French, British, Italian, and Austrian ambassadors. Up to the present time they have not been as successful as we have been in the number of transfers that have been perfected. They all have encountered the same obstacles and agree with me that it would be impractical and unwise to consent to come under the law of associations. In fact all of the foreign powers represented here have encountered the same obstacles, and in April last sent a practically identical note to the Porte, which I did also, protesting against the application of the said law of associations to foreign corporations. A copy of my note of April 26th I inclose herewith for your fuller information. In your instruction No. 84, of March 17 last, you instruct me to bring the matter of the land purchased in Jerusalem by the Archeological Institute of America to be registered in the corporate name of the institute, again to the attention of the Turkish minister for foreign affairs. This I did both specifically and in connection with the general subject, and this is embraced in the memorandum attached to my letter of April 16, above referred to. On the 11th instant I discussed the subject matter affecting all these institutions with the grand vizier, and stated in most emphatic terms my objections to the law of associations as being contrary not only to the acquired rights of the institutions which have for many years been recognized, but pointed out to him section by section the practical inapplicability of such a law to such associations and cor 1 Not printed. porations to which the American religious, charitable, and educational institutions belong. The grand vizier finally agreed with me that the law was inapplicable to such foreign corporations, and that as the legal existence of these institutions had been recognized by the Ottoman Government the objections that had been raised to the correcting of the registers should not be made to apply to said institutions. He promised me that the whole subject would within a few days be brought before the council of ministers, and further stated that he felt convinced that the council would agree with him that the correction of the registers of the institutions referred to should be made, and that the said law on associations could not apply to institutions that have already been recognized. I have not heretofore troubled you with an account of the many difficult and intricate negotiations that this subject has entailed. I shall continue pressing the matter until these long-spending and troublesome questions affecting all American institutions are brought to a satisfactory conclusion. I have, etc., OSCAR S. STRAUS. [Inclosure-Translation.] Ambassador Straus to the Minister for Foreign Affairs. AMERICAN EMBASSY, Constantinople, April 16, 1910. DEAR EXCELLENCY: Referring to our conference on Wednesday last, the 13th instant, in regard to the many obstructions that the embassy has encountered in respect to the exemption from taxes and the correction of the registers of the American religious, charitable, and educational institutions, I herewith beg to submit to you a brief memorandum of these cases in accordance with your suggestion. Your excellency will recall that in 1904 and 1907 a distinct agreement was reached in regard to these institutions between the Sublime Porte and this embassy, it being understood that no tax should be charged against the property of such institutions, of which an official list was filed with the Porte, beginning with March, 1903, in accordance with the principle of equality of treatment which was granted to the French and others; after which my Government consented, without objection, to the increase of custom dues from 8 to 11 per cent. I trust your excellency will give this matter your personal attention, and will direct that the registers of all the institutions referred to be corrected, and directions be given to the provincial authorities that no tax is to be charged against them from March, 1903. I desire further to add that for a year or more after the above-mentioned agreement was arrived at the register of a number of these institutions was corrected; and it is only since then that there has been a persistent effort not to observe said agreement, by reason of the various objections which are referred to in the memorandum. I take, etc., OSCAR S. STRAUS. File No. 367116/93. No. 116.] The Acting Secretary of State to Ambassador Straus. DEPARTMENT OF STATE, SIR: Your dispatch, No. 173, of the 16th ultimo, concerning the status of the negotiations respecting American educational and Not printed. missionary institutions in the Ottoman Empire, has been received and read with attention. The difficulties with which you are meeting in your efforts to press the negotiations to a successful conclusion are fully understood, and your action in the matter has the approval of the department. I am, etc., File No. 367.116/94. HUNTINGTON WILSON. Ambassador Straus to the Secretary of State. [Telegram-Paraphrase.] AMERICAN EMBASSY, Mr. Straus states that he is gratified to inform the department that he has secured a favorable decision from the Porte freeing all officially recognized religious, charitable, and educational institutions from the restrictive law governing associations; and that he has also obtained a favorable decision for transferring property and constructing buildings for the girls' college at Constantinople. Mr. Straus adds that he has obtained favorable action concerning a general firman for Beirut College and irade for constructing Robert College buildings. URUGUAY AND PARAGUAY. MESSAGE OF THE PRESIDENT OF URUGUAY TO THE URUGUAYAN CONGRESS. Chargé Magruder to the Secretary of State. No. 556.] AMERICAN LEGATION, SIR: I have the honor to inclose herewith the message of President Williman, delivered at the opening of the third session of the Twenty-third Congress. I have, etc., ALEXANDER R. MAGRUDER. [Inclosure-Translation.] Message of the President of Uruguay. EXTRACT. The relations of the Republic with the other States continue on a basis of the most cordial friendship. The attentions received by us from various nations are most flattering, for they demonstrate the respect and consideration our country has merited. The members of our diplomatic and consular corps have been principally instrumental in bringing about the consideration we now enjoy, for they have worked with zeal for the welfare and future of the Republic under the guidance of the foreign office. But, on the other hand, the worthy diplomatic and consular representatives accredited here, who, by their reports on the various conditions of our national life, have disseminated the fact of our progress and riches, have proven a most important factor in improving our relations with the outside world. In the message which I had the honor of addressing to your honorable body on February 15 of last year I expressed the conviction that the two international questions which have so greatly occupied the attention of the general public were on a good road. Now it is the greatest possible pleasure for me to communicate their happy termination. I refer to the codominion, with the United States of Brazil, of Lake Merim and Yaguaron River, and the dispute with the Argentine Government over matters known to your honorable body. On December 30 last a treaty of rectification of boundaries was signed in Rio Janeiro between the plenipotentiaries, His Excellency Baron de Rio Branco, Brazilian minister for foreign affairs, and the envoy extraordinary and minister plenipotentiary of our country, Rufino T. Dominguez, in which the rights of Uruguay to sovereignty over the waters of Lake Merim and Yaguaron River were declared existent. Thus becomes satisfied an old-time national desire carried out, in a disinterested manner, by the Brazilian statesman, with all respect for justice and confraternity, as has been announced by the eminent statesman who directs the foreign affairs of that country. On February 5 last there was signed in Montevideo, between the Argentine plenipotentiary, Dr. Roque Saenz Pena, and the oriental plenipotentiary, Dr. Gonzalo Ramirez, who were designated for the purpose, a protocol, which, by the elimination of former differences, reestablishes the cordiality of relations of the two countries. The brotherly manner in which our neighbors of the Plata cemented the traditional friendship of the two peoples occasioned great rejoicing in political, social, and commercial circles and in the press, and by public manifestation the Argentines have received the best possible testimony of our affectionate sympathy. It is especially pleasing to me to inform your honorable body that the Governments of the United States of Brazil and of Chile have congratulated us on the conclusion of this protocol, and that these two events, of the greatest interest to the Republic, have been received with high satisfaction over the entire country. |