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7. SALE OF BOOKS.

§ 872.

In March, 1884, a joint commission in Turkey prepared regulations with regard to the sale of books printed in the American Bible House, and the United States assented to them. "This, then, constitutes an international understanding and one not to be set aside by either party unless for good and sufficient reasons."

Mr. Frelinghuysen, Sec. of State, to Mr. Heap, chargé at Constantinople,
No. 251, Jan. 10, 1885, For. Rel. 1885, 826.

As to the work of the American Bible Society in Turkey, and its invest-
ments at Constantinople and Beirut, see For. Rel. 1885, 856–857, 880–
881, 884-885.

It seems that the understanding relative to regulations for colporteurs engaged in selling the publications of the American Bible Society, which was arrived at in March, 1884, was ignored by the local authorities. Subsequently, at the instance of the American legation and British embassy, another commission was established by the Porte for the purpose of formulating regulations to govern the sale of books in general, and of thus putting an end to particular grievances. This commission made a draft of regulations, but amendments were submitted by the representatives of the American Bible Society, and it was understood that meanwhile the authorities would cease to interfere with colporteurs who were peaceably and quietly pursuing their vocation. A practical difficulty in dealing with the matter grew out of the fact that the colporteurs were all Turkish subjects over whom the Ottoman authorities claimed exclusive jurisdiction. This being an internal matter, the American legation had made suggestions as to the form of the regulations only unofficially, reserving to itself, however, the right to object to them in case they should, when promulgated, interfere with any rights claimed for citizens of the United States by usage, capitulation, or duty.

Mr. Straus, min. to Turkey, to Mr. Bayard, Sec. of State, No. 14, July 18, 1887, For. Rel. 1887, 1118.

See, also, Mr. King, chargé, to Mr. Bayard, No. 277, Jan. 15, 1887, For. Rel. 1887, 1089; Mr. Bayard to Mr. Straus, No. 25, June 18, 1887, id. 1115.

The officials of the American Bible Society at New York, in a letter to the President of the United States, April 7, 1887, complained that its agents in Turkey, while engaged in the sale of Bibles and Testaments whose publication had been approved by the ministry of public instruction, and of copies of the Holy Scriptures which had passed through the custom-house after examination and payment of duties, were constantly interrupted in their work and “subjected to imprisonment and other indignities." (For. Rel. 1887, 1116.)

For the Porte's "project of the law of colporteurs" and amendments suggested by the American legation on consultation with the agents

of the American Bible Society, see Mr. Straus to Mr. Bayard, No. 24, Sept. 6, 1887, For. Rel. 1887, 1126-1131.

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"You appear to have acted in this matter very discreetly. There is no objection to your associating the British ambassador with you in your efforts to secure satisfactory amendments to a law which in its operations affects the interests of British societies as much as our own." (Mr. Bayard to Mr. Straus, No. 46, Sept. 22, 1887, For. Rel. 1887, 1131.) Early in 1887 the minister of police at Constantinople expressed a desire to send an official from the board of public instruction, accompanied by a police agent, to search the bookstore opening on the street and forming a part of the American Bible House. The legation sent its dragoman to be present at the search, with instructions not to allow the official of the board of public instruction to search the whole Bible House accompanied by a policeman. The official declined to make the search on these terms, though he expressed a desire to go through the entire building. The Porte subsequently alleged that the agents of the Society had begun to spread tracts which were injurious and calumnious to the Musselman religion," and that, as to the colporteurs themselves who were Ottoman subjects, the imperial authorities would take such measures as should be considered useful and necessary." The Porte also maintained that the Bible House was to be treated not as a private abode, but as a public place, where the imperial authorities hight have free access, and assert, if need be, a direct supervision. The legation replied that the missionaries offered for sale no book or pamphlet which had not been sanctioned by the ministry of public instructions or been censored at the customhouse, nor anything against the Mussulman religion or public order. The legation suggested that the impression of the Porte in that regard might have been derived from the fact that some years previously there had been offered for sale some copies of a Greek book which, although it passed the censorship and paid duties, later proved to be objectionable. This book, when found to be objectionable, was immediately withdrawn. The legation added that the Bible House was free to be visited at any time by officials in an unofficial manner and without police, but that the claim to search it officially without the assistance of the legation could not be granted. (Mr. King, chargé, to Mr. Bayard, Sec. of State, No. 307, April 12, 1887, enclosing correspondence with the Porte, For. Rel. 1887, 1091.)

In his No. 151 of December 22, 1888, Mr. Straus reported that he had obtained permission from the grand vizier for the American Bible House to print in Turkish 35,000 Bible tracts, consisting of the Psalms, Proverbs, the four Gospels, and the Acts. (For. Rel. 1889, 706, 709.)

See, further, as to the regulation and sale of books, the exercise of censorship, and interference with colporteurs, For. Rel. 1890, 722, 739, 752, 760, 763, 765, 770; For. Rel. 1891, 758; For. Rel. 1892, 564, 581, 590, 592, 594, 595, 599, 600; For. Rel. 1893, 599, 601, 627, 632.

8. FREEDOM OF WORSHIP.

§ 873.

In 1886 the American legation at Constantinople complained that the Rev. Dr. Herrick, an American missionary, who had gone to Kastamouni to administer sacrament to Protestants residing there, has been prevented from holding services in a house rented by the American mission. The legation represented this as "a serious violation of the privileges enjoyed by Americans for the last sixty years of holding religious service in their own houses and in having the freedom to receive visitors." The house in question was, it appears, in charge of a Rev. Mr. Filian, who, though partly supported by the mission, was an Ottoman subject. The Turkish government declared that the prevention of Mr. Herrick from holding service merely resulted from the circumstance that Filian had, because of proselyting, been ordered to close his establishment, which had originally been opened without permission, and that the "sojourn of foreigners and the religious services of the various creeds" had "never been hindered in the empire." There appeared to be no dispute as to this general rule, but only a difference of opinion as to whether it had been infringed in the particular case.

Mr. King, chargé ad int., to Mr. Bayard, Sec. of State, No. 257, Oct. 19, 1886, For. Rel. 1887, 1079; Mr. King to Sublime Porte, Oct. 18, 1886, id. 1082; Mr. Bayard to Mr. King, No. 171, Nov. 11, 1886, id. 1082; Said Pasha to Mr. King, Jan. 26, 1887, id. 1091. See, also, id. 1091, 1114, 1115.

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"In the latter part of 1886 and the early part of 1887, the subject of the rights of foreigners to teach and worship in the dominions of Turkey without interference or molestation was distinctly asserted and as distinctly recognized. Mr. Bayard's instruction, No. 7, to Mr. Straus, under date of April 20, 1887, ably presents the unimpeachable grounds upon which this government successfully rested its claim that the right of American citizens to receive into their hospitals and schools persons of Turkish nationality rests not alone on the specific stipulations of treaty and the capitulations, but on long usage, amounting, from duration and from the incidents assigned to it by law, to a charter. That correspondence further shows the arrangement affected by Mr. King with the Turkish authorities, by which the natives of the empire were to benefit by the beneficent and educational opportunities afforded by the missionaries of the United States in Turkey. The rights of foreigners in the matter of worship rest on even more unassailable grounds; so much so that, in the course of centuries of constant exercise, they had never been seriously questioned. It is not to be supposed that they can now be called in question; they certainly can not be impaired by introducing a distinction

between public and private worship, or by raising question whether the place of worship is to be regarded as a dwelling or a temple. Its only relation to the subject now under consideration is as regards the circumstances under which those rights may be exercised.

"Any conditions affecting such exercise must necessarily be legitimate, usual, precise, and readily fulfilled. It would be impossible to admit any arbitrary criterion by which the rights and teaching and worship of and by foreigners in Turkey may be circumscribed and rendered null at the whim of the authorities by the imposition of unusual or difficult conditions.

"Neither should the merits of the question be clouded by such hairsplitting issues as that now raised by the contention that the exercise of an assured right in the dwelling house of a foreigner 'converts the dwelling to some different but equally legitimate use."

Mr. Blaine, Sec. of State, to Mr. Hirsch, min. to Turkey, Dec. 14, 1891,
For. Rel. 1892, 527.

For the instruction of Mr. Bayard to Mr. Straus, No. 7, April 20, 1887,
above cited, see supra, § 870.

A private dwelling is no more to be regarded as "converted" into a church or school merely by worship or teaching therein than into a public ball-room or hotel by a private entertainment given to friends and acquaintances. On the other hand, a meeting gathered together in a private residence by a general though oral invitation to the neighborhood might under certain circumstances be considered as a public meeting, and the continued repetition of such meetings might justify the description of the house as a place of public worship. (Mr. Wharton, Act. Sec. of State, to Mr. MacNutt, No. 249, Oct. 1, 1891, For. Rel. 1891, 757.)

For the complaint of the Porte, August 17, 1891, that missionaries converted their dwellings into churches and schools without proper authorization, see For. Rel. 1891, 755.

See, further, as to this question, For. Rel. 1892, 527, 530, 534.

For an extended and interesting report upon American schools in Turkey and the difficulties that had arisen concerning them, see Mr. King, chargé, to Mr. Bayard, Sec. of State, No. 276, Jan. 11, 1887, For. Rel. 1887, 1083-1089.

While Great Britain, under the treaty of Berlin, has a conventional right to intercede in behalf of larger religious toleration as regards non-Mohammedan sects in the Ottoman dominions, the treaty rights of the United States are limited to the interests and immunities of American citizens. The right of the United States to press its views in regard to civil and religious liberty upon other governments is necessarily limited not only by treaties but also by its established rule of noninterference in the internal affairs of other nations. The interests of native Christians in Turkey are, however, in one sense associated with the legitimate enterprises of American citizens in the direction of education and worship, and the United States expects

for American teachers and pastors no less latitude in their intercourse with native Christians than is enjoyed by like teachers and pastors of the most-favored nation.

Mr. Gresham, Sec. of State, to Mr. Terrell, min. to Turkey, No. 254, Oct. 26, 1894, For. Rel. 1894, 781.

This instruction related to a request of the British ambassador at Constantinople for the cooperation of the American minister to secure greater freedom of worship for native Protestants in Turkey. It was observed in the instruction that the claim of most-favored-nation treatment in all things might indirectly advance the purposes of the British ambassador, but the extent to which this could be hopefully" done was left to the "wise discretion" of the American minister. (Ibid.)

9. ARMENIAN DIFFICULTIES.

$ 874.

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"I have received a copy of the following resolution of the Senate, passed on the 3d instant:

"Resolved, That the President be requested, if in his judgment it be not incompatible with the public interest, to communicate to the Senate any information he may have received in regard to alleged cruelties committed upon Armenians in Turkey, and especially whether any such cruelties have been committed upon citizens who have declared their intention to become naturalized in this country, or upon persons because of being Christians.

"And, further, to inform the Senate whether any expostulations have been addressed by this government to the government of Turkey in regard to such matters, or any proposals made by or to this government to act in concert with other Christian powers regarding the same.'

"In response to said resolution, I beg leave to inform the Senate that I have no information concerning cruelties committed upon Armenians in Turkey or upon persons because of their being Christians, except such information as has been derived from newspaper reports and statements emanating from the Turkish government denying such cruelties and two telegraphic reports from our minister at Constantinople.

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One of these reports, dated November 28, 1894, is in answer to an inquiry by the State Department touching reports in the press alleg ing the killing of Armenians, and is as follows:

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Reports in American papers of Turkish atrocities at Sassoun are sensational and exaggerated. The killing was in a conflict between armed Armenians and Turkish soldiers. The grand vizier says it was necessary to suppress insurrection and that about fifty

H. Doc. 551-vol 5-53

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