The Washington union., 1857-09-23

conveyed was referred to the Attorney General by the
Secretary of the Treasury He has decided that the deed
from Sherman in due form to pass the land and has
accordingly, authorized its purchase by the department
STATE DEPARTMENT.
Proceedings ia S, IN CaasGHtpls in ,rhah Foreigners
PareAl treaties between foreign powers and the Sub
lime Porte grant Jurisdiction to the latter in both civil
and criminal where either of the parties plaintiff
defendant is Ottoman subject To meet this il has
Of late years established police court for criminals and
board of trade for commercial suits at this capital the
latter composed of Ottoman and foreign merchants and
presided by the Minister of Commerce. his assist
ant In this board court the American legation is rep
resented by two members, both being merchants The
treaty between the United States and Turkey spuates
that all suits tried in Ottoman courts in which of
the parties is citizen of the United States hal not be
heard judgment pronounced unless the American drag
be present 1t has, therefore, been found useful
and necessary to have American interests represent
ed in the Board of Commerce. Without the pres
of American in the board there would he
dan ger that suits in which Americans might be interest
ed would be lost This court issues judgments against
in favor of all foreigners but does not put them into
execution All the foreign legations claim the right to
execute them upon their subjects code of commerce
in process of preparation for this court based upon
the French code The dragomans supposed only to
TONS yet they may exercise considerable influence
the members require adherence to certain rules of
precedents and claim the right to arrest their
'judgments until they lay the before their
spectve ministers.
On the occurrence of civil suit decreed by the Minis
ter of Foreign Affairs for trial before this court the
petition of the Ottoman, "Fakrf' Official note)
of the foreign legation, which it is based is al
ways given in charge to an employee of his bureau,
called mubashir," whose business it is to cite and
company the parties at the trial He calls at the cga
ton consulate of the foreigner to request it to cite
him before the court This is ''the usage observed to-
wards other Franks alluded to in the fourth article of
the treaty If the plaintiff be Ottoman subject his pc
tition against the foreigner, which he presents to the
Minister of Foreign Affairs is always conveyed by the
''mubashir to the dragoman, who makes translation
of 1t for the information of his minister consul and
the defendant.
1t is not true in all that Americans committing
crime in Turkey tried by their minister consul for
all foreigners tried for the commission of crime when
the plaintiffs Ottoman subjects, by the Ottoman
courts only "n the presence of the American drago
man." For this purpose the Sublime Porto has estab
lshed apoice court, under the Minister of Police, his
assistant, and there foreigners among its members
It's decisions executed by itself in ordinary
yet in capital ones when the criminal is con-
denned to long imprisonment, it makes him over, if
required, to his legation to be sent to his country
for punishment
The Porte endeavos to extend this system to its large
Cities and to its provinces generally In the latter the
'loca government styles that of its governors is
composed of medlis, provincial council for the trial
of both civil and criminal cases. and for the former trials
foreign merchants admitted There, also, the pre-
sence of 'the American dragoman" required who if
the place has American CONSUL is generally native
,1.lt.u
ton is allowed by the Sublime Porte to the American
minister and consus in all cases. civil and criminal
curing between citizens of the United States and these
and other foreigners. 1t wholly to the exercise
of any interference in these cases. and it refused posi-
lively to interfere between the Americans and Austans
in the serious affair which occurred in Smyrna respecting
Martin Koszta This usage towards Franks is rgidly OBJ
served in all parts of Turkey.
The exact language of the 4th article of the treaty be-
tween the United States and Turkey may be thus trans
lated
"When suits between subjects and Rayahs of
the Sublime Porte and subjects of the American govern
ent these shall not be heard and judged except in the
presence of the dragoman, (of the atter) Whenever
those occurring in the provinces of the Ottoman Empire
amount to much 500 pases, they shall be referred
to the CAPITAL when they shall be tried according to JUS
tice and equity When American subjects are occupied
with their affairs of trade, and no crime has been
proven against them they shall not causeessy be mo-
Tested and when their guilt has been proven the
Judges and executive officers shall not imprson them
but in the which is observed towards other
foreigners they shall be punished THAT is the judgment
be executed upon them) by their own minister or con-
sui"
In the Turkish original the word "tried' by their min
lister consul certainly does not exist and the language
used refers to the carrying into execution of the punish
ment deemed necessary for the American criminal.
The treaty states that "even when they (Americans)
may have committed offence they shall not be
rested or put in prison by the local authorities The
correct language of the original aforeshown, is i'm
prisoned or detained in prison. which is consistent with
the practice usage observed towards all foreigners gen.
orally whom the police arrest and put in prison,
criminal accusation from Ottoman subjects, but give
ce of the the proper legation with the request
that one of its dragomans may be present at the trial
should here add that the police will also always
rest foreigner who is accused of crime the demand
of another foreigner but sends the accused Immediately
to his own consul for trial.
| believe l have shown that, forasmuch the
Sublime Porte is concerned it refuses to exercise
any Jurisdiction of civic criminal nature in suits
arising exclusively among foreigners in Turkey 1t
leaves it to foreign governments represented in Tur-
KEY to adopt whatever systems they may deem most
expedient for the settlement of suits arising amongst
their own subjects On this point all have the
rights and liberty of choice, Consequently, some have
adopted codes for the trial of their subjects and
abshed consular tribunals composed only of their
subjects and proteges and presided by their
sus Whenever the plaintiff is the subject of