National Republican., 1884-05-08
THE OTTOMAN PROTEST.
What 10 Said by Senator Psndleton nj
Representative Hit About the Matter

What 10 Said by Senator PsndIeton and
Representative Hit About the Matter.
The attention of Senator Pendleton, tho
author of the senate bill to establish consular
and other courts and to define their jurisdio-
tion, was called yesterday to the Associated
Press dispatch from Constant inoplc stating
that tho Ottoman minister at Washington
had protested against tho bill and that tho
porte would not recognize the views OF
America on tho subject. Ho said he had not
heard of any protest, and that If one had been
made IL was doubtless based upon misappre-
honsion. The bill as II passed tho senate was,
he said, comprehensive one, prescribing tho
method and in part creating the machinery
for tho trial of cases to which American
citizens wore parties in various parts of the
world. In studying the subject he had found
| an appalling state of confusion growing out
Of the great variety Of treaty provisions in
force with various countries. And the fact
that judicial functions devolved upon ofli-
| cials who were not selected and we're often
| in no way qualified to be judges, which
| officials were, In tho absence of def
nite instructions and definite legal
limitations. often left to act upon their own
arbitrary discretion, oven to the extent of
passing the penalty Of death. The measure
| was designed to secure to American citizens
everywhere trial for offenses In accordance
with the principles which obtain ut homo in
| place OF the present irregular and arbitrary
methods. In some oountriestour powers were
limited to tho trial Of civil cases alone; in
others jurisdiction was accorded to ministers
| aud consuls in criminal oases where both
parties were Americans, and yet In others
only where the offender was an American.
| No power, however, had cause for complaint,
inasmuch as tho bill provided only for the
enforcement In the several countries of Its
provisions, In whole or In part, to tho extent
to which the United states arc authorized by
| treaties and capituations OF the said countries
to exercise jurisdiction.
Tho treaty with Turkey provided, Mr..
Pendleton said that citizens of the United
States should not be arrested and put in
prison by local authorities, but that they
should be tried by their minister or consul
and punished, according to their offense, fol,
lowing in this respect the usage observed
toward other franks. In no way was the
attempt made in tho bill to give interprota-
tion to the treaty, that being the function oi
another branch of tho government.
In conclusion, Mr.. Pendleton earnestly ex.
pressed the hope that the bill which was now
| on tho speakers table of the house would be
acted upon during the present session. Ita
Importance could not be overestimated.
Congressman Hit, of Illinois, ex-assistant
secretary Of state, who has charge of q similar
measure pending before the house committed
| on foreign affairs, anld that q curious contro-
versy had been in progress between the two
governments for more than thirty years, and
volumes Of correspondence had been sent and
received upon tho subject. The original treaty
with Turkey was framed in 1880.
The document which was submitted TO the
senate for ratification conferred ample iuris-
dictional powers upon American ministers
and consuls In criminal cases to which Amori.
can citizens were parties, but when the
power was sought to be exercised, thirty
years ago, tho Turkish authorities made the
point that tho Turkish version contained nc
such provision. The discrepancy appeared
to have grown out of the translation of a
certain Turkish word. This, Mr.. Hit as
sumed, was the basis of the Ottoman minis.
ter's protest.
In case at Smyrna which arose under
| the treaty, IL was found impossible to recon.
cile tho conflicts Of Jurisdiction, and the
alleged criminal was placed in Jail, from
which he escaped during the night, both par.
ties conniving at it as the only way out Of
thu entan CLAIMANT.