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notice of termination was not in fact given by Turkey before that date, and thus the treaty, and the tariff thereunder, entered upon their third septennial periods.

"On March 12, 1883, Aarifi Pasha gave notice to the United States minister, Lewis Wallace, of the desire of Turkey to terminate the treaty one year from that date. Under the terms of the 20th article, the treaty, its ratification having been exchanged June 5, 1862, would not end its twenty-first year until June 5, 1884, and the United States government declined to accept notice of an earlier termination, and suggested a new notice to be given before June 5, 1883. Such notice was not in fact tendered until after that date, and the treaty entered upon a fourth septennial period. This was contested by the Turkish government, which claimed that its announced intent to terminate the treaty, simultaneously with the acceptance by the United States of its proposal for a tariff revision, operated as a sufficient notification.

"Throughout this discussion, the government of the Porte appears to have confounded the dates at which tariff revision became practicable under article twenty-two of the treaty, and the dates when the treaty itself might be terminable under article twenty. The acceptances (ratifications) of the tariff were exchanged March 12, 1862, and the tariff was therefore subject to revision at the end of each seventh year thereafter on one year's prior notice. The treaty was terminable at the end of the fifteenth, twenty-second and twentyninth years from date of exchange of ratifications (June 5, 1862) on one year's notice given at the expiration of the fourteenth, twentyfirst and twenty-eighth years of its life. The tariff and treaty periods therefore differed by about fifteen months."

Notes, Treaty Vol. (1776–1887), 1371.

"The Sublime Porte, in the exercise of its incontestable and uncontested right, gave notice, at the prescribed time and in due form, of its desire for the cessation of the effects of the treaty concluded between the imperial Ottoman government and the United States in 1862. As a consequence, the treaty in question has ceased to exist as far as the Sublime Porte is concerned.

"It is true that the Washington Cabinet, endeavoring to base its action upon certain matters of form, has sought to maintain that this notice was null and void. The Sublime Porte, however, strong in the justice of its cause, has energetically and unceasingly opposed this view, and has always insisted that the treaty was definitively abrogated.

"The Department of State, after many negotiations, finally consented to acknowledge the validity of the notice, on condition that

the Ottoman government would agree to grant to American citizens trading in Turkey the same privileges and immunities that are granted to the subjects or citizens of nations whose treaties of commerce with the Ottoman Empire have not yet expired, and provided that the said American citizens might enjoy the same until the expiration of the treaty of commerce that had the longest time to run.

"The Sublime Porte, while recognizing the spirit of conciliation shown by the Washington Cabinet in this matter, has found it impossible to accept this proposition. To do so would have been to admit that the notice given by it was an empty formality, since, according to the new convention proposed by the United States, the consequences of the said notice were to be null and void, and American citizens trading in Turkey were, in a word, to be placed in the same position in which they were before the notice was given.

"The Sublime Porte has therefore been compelled to declare to the chargé d'affaires of the United States at Constantinople that, considering the treaty as no longer having any legal force, it will levy an ad valorem duty upon American goods introduced into Turkey. Still, out of regard for the United States, with which it so much desires to maintain friendly relations, and with a view to avoiding even the shadow of a complication, it has repeatedly solicited the American legation at Constantinople to be pleased to appoint delegates for the purpose of negotiating a new treaty and a new tariff. Mr. Heap, however, has as yet taken no such step. He has confined himself to informing the imperial government that he has referred the matter to his government.

"The Sublime Porte trusts that the honorable Secretary of State, being convinced that it is in the right, will be pleased to instruct the representative of the United States at Constantinople to negotiate a new treaty and a new tariff with the Ottoman delegates; for, once more, it is impossible for the imperial government to recede from the position which it has taken in relation to this question."

Tevfik Pasha, Turkish min., to Mr. Davis, Aug. 30, 1884, For. Rel. 1885, 895.

"I have had the honor to examine the note verbale dated the 30th August last, and handed by you to the Acting Secretary of State, Mr. Davis, on that date. . I have noted especially the con

cluding words of your note verbale, that it is impossible for the imperial government to recede from the position which it has taken in relation to this question.'

"I regret to see in this communication an apparent departure from assurances repeatedly made by the government of the Porte, both at Constantinople and through its representatives in this capital, that

the goods and citizens of the United States should receive in any contingency the treatment of the most-favored nation. The proposals heretofore made by us to continue such treatment while negotiating a new treaty were based on these assurances of Turkey.

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As relates to these assurances, I need scarcely do more than refer you to the words of your own note of May 22d last, wherein, while stating the inability of Turkey to accept the letter of the proposal made by the United States, you make the following declaration:

"As to the fear which you express that the commerce of the United States will be placed on a lower footing in consequence of the abrogation of the treaty of 1862, while other powers have treaties of longer duration, and that American commerce will thereby be subjected to a disadvantageous régime, I can assure you, in the name of my government, that the Sublime Porte entertains no such idea. The esteem and regard which it has always manifested for the United States are a sure guarantee that it will maintain their rights as it has done in the past.'

"Many such declarations might be cited from the notes of yourself and your predecessors and of the ministers of foreign affairs of the Porte to the same effect, but in more unequivocal language even than

yours.

"Besides these assurances, the United States are, in virtue of a treaty whose existing validity is beyond a doubt, entitled to the treatment of the most-favored nation.

"The proposals heretofore made by this government, and which have been declined by that of the Porte, were based on these assurances, and looked simply to the continuance of the most-favorednation treatment so long as other nations should be more favored than our own, and no longer. In this respect our proposals are not at variance with the drafts submitted by your own Government to the United States minister at Constantinople. The principle sought to be confirmed in both is the same.

"This government stands ready to negotiate a new treaty with Turkey, whereby the commerce of the United States may be subject to the same increase of taxes as the commerce of other nations with which Turkey has concluded or may conclude treaties, such treaty to take effect with the general enforcement of the new tariff.

"I can not but view the present notification, whereby the government of the Porte ignores its assurance of and agreement for favored treatment, and seeks to place the commerce of the United States on the basis of a higher taxation, while other powers are, for the time being, entitled to a lower rate, as unfavorable to that good feeling which should mark the negotiations for a reformed tariff and a new treaty.

"The representative of the United States at Constantinople has been instructed to protest against any instance which may come to his knowledge of the levying of ad valorem duties against the products of the United States to which the products of other nations may not be at the time liable, as a violation of the treaty of 1830.”

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Mr. Frelinghuysen, Sec. of State, to Tevfik Pasha, Turkish min., Oct. 24, 1884, For. Rel. 1885, 896.

See, also, Mr. Frelinghuysen, Sec. of State, to Mr. Wallace, min. to Turkey, No. 77, May 1, 1883, MS. Inst. Turkey, IV. 18; same to same, No. 163, March 25, 1884, id. 97, enclosing copies of Tevfik Pasha, Turkish min., to Mr. Frelinghuysen, Oct. 26, 1883, and Mr. Frelinghuysen to Tevfik Pasha, March 21, 1884; Mr. Frelinghuysen to Mr. Wallace, No. 171, March 29, 1884, id. 108; same to same, No. 184, April 26, 1884, id. 129; No. 191, May 20, 1884, id. 135; No. 243, Nov. 25, 1884, id. 192.

Mr. Frelinghuysen's note to Tevfik Pasha, March 21, 1884, encloses a draft of a declaration for the establishment of a modus vivendi. (MS. Notes to Turkey, I. 412.)

I have had the honor to receive the note which you were pleased to address to me, under date of the 24th ultimo, in relation to the treaty of commerce between Turkey and the United States.

"In reply I can but renew to you the assurances which the imperial government has repeatedly given to that of the United States, that American merchants will receive, in the dominions of his Imperial Majesty the Sultan, the same usage as those of other nations, as is stipulated in Article I. of the treaty of 1830, which is the only treaty that is now in force.

"The Sublime Porte, in an arrangement to be concluded between the two countries to take the place of the treaty of 1862, which has ceased to exist, would be perfectly willing to place American merchandise on the same footing as that of the most-favored nation. It would have to be well understood, however, that this stipulation should be reciprocal, and interpreted as it has been hitherto understood in the law of nations. That is to say, that just as American goods imported into Turkey would receive the benefit of any advantage granted to a third power, so Ottoman goods would enjoy in the United States all advantages that, for any reason, should be accorded by the Washington government to the goods of any other country.

"As to the transient question what usage will be accorded to American goods in the Ottoman Empire, so long as no new treaty shall be concluded, I have every reason to believe that such goods will be subjected to the same usage as those of other nations, with the exception of imports from Austria-Hungary, upon which, for the present, specific duties continue to be levied; goods from all other countries pay ad valorem duties. The Sublime Porte was therefore very much surprised when it learned that the representative of the United States at

Constantinople had been instructed to protest every time that ad valorem duties should be levied upon American goods, unless the same duties should be levied upon the productions of other nations.

"This decision can not fail to complicate the situation, and to give rise to new difficulties, without doing any good. The United States legation, moreover, will not have occasion to protest, notwithstanding the instructions of its government, since ad valorem duties are levied upon the goods of all in general.

"I have been instructed by my government to beg you earnestly, Mr. Secretary of State, to be pleased to instruct the United States delegate to take part, without delay, not only in the preparation of the new tariff, but also in the negotiations for the conclusion of a new treaty to take the place of that which the Sublime Porte has regularly denounced."

Tevfik Pasha, Turkish min., to Mr. Frelinghuysen, Sec. of State, Nov. 30, 1884, For. Rel. 1885, 901.

"The termination of the commercial treaty of 1862 between the United States and Turkey has been sought by that government. While there is question as to the sufficiency of the notice of termination given, yet as the commercial rights of our citizens in Turkey come under the favored-nation guarantees of the prior treaty of 1830, and as equal treatment is admitted by the Porte, no inconvenience can result from the assent of this government to the revision of the Ottoman tariffs, in which the treaty powers have been invited to join."

President Cleveland, first annual message, 1885, For. Rel. 1885, xiv.
Since June 5, 1884, the Ottoman government has treated the convention
of 1862 as no longer operative.

No result has yet attended the standing invitation of the Turkish govern-
ment to negotiate a new commercial treaty. Meanwhile, the com-
merce of the United States enjoys in the Ottoman dominion the most-
favored treatment.

The Supreme Court has held that the treaties concluded between the United States and the Ottoman Empire concede to the United States the same privileges and rights as to extraterritorial jurisdiction enjoyed by other Christian nations. (Dainese v. Hale, 91 U. S. 13.)

"Your dispatch No. 26, of the 13th instant, in regard to the resumption of tariff conferences with the Porte is received.

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In view of the friendly disposition in the premises on the part of the Turkish minister of foreign affairs and the grand vizier, as described in Mr. Wallace's No. 466 of the 25th January last, and as the accession of a new and, as you say, liberal-minded minister of foreign affairs seems to afford a favorable opportunity for a renewal of the negotiations relative to a new tariff on the part of Turkey, and eventually, if possible, a commercial treaty, Mr. Heap is hereby

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