The morning times., 1895-12-20
Mr. 0LHEY ON ARMENIA
His Reply to the Senate Reso-
luton Sent In.
DOES NOT TRUST TURKEY
- Secs No Causes to Abate Anx-
iety for the Safety of American
Citiz..ns-History of the Troubles
and the Legal Aspects OF the Con-
dftionS Reviewed.

The President yesterday transmitted to
Congress, in response to a resolution of the
Senate. a lengthy communication from
Secretary Olney on the Armenian out
RACES
The communication was accompanied by
the stereotyped note of transmission and
made no suggestions
Secretary OIDey alludes to the cases
specifically. cites instances OF the I'M
prisonuIent aud ma itred IInsnt or American
citizens, and thus takes up the legal
questions involved.
Secretary Olney continues as follows:
BESIDES the foregoing cases OF physical
injury TO the persons of American citizens,
or invasion OF domicillary rights, the Ian
guage of the Senate resolution may be con-
strued as covering the cases OF arrest of
such citizens, and or proceedings against
them in violation OF treaty rights. A num-
Der OF instances of this cha have oc-
CURED. As the subject is development
of the long-standing contention between
the United States and Turkey touching
the true intent and construction OF the
fourth article in the treaty of 1880, in rela-
ton to the eXterritorial jurisdiction OF
the United States over its citizens COM
mitting offenses in Turkey, its elaborate
discussion in this place is neither prac
BILE nor opportune.
IMPRISONED AMERICANS.
'It suffices to say that, although the
treaty in terms gives to the ministers and
consuls authority and power to punish
American offenders, and absolutely excludes
tEeir Imprisonment by the Turkish authori-
lies, the Ottoman government, while ad-
mitting to this extent the English render
Ing OF the treaty, has on frequent occasion
assumed to imprison citizens of the United
States on criminal charges, and denied the
right OF the agents OF this government to
effect their punishment.
"A fruitful source of such assertion of
authority is found in the case of persons of
Armenian origin, naturalized in the United
States, and returning within the territorial
jurisdiction of Turkey under circumstances
suggesting their completely in the revolu-
tionary schemes alleged t. be rife in Asia
Minor.
Holding, as it must and should, that no
distinction can exist under the statutes OF
the United States between native and nat
uraliZed citizens, so that it is clearly the
right and duty of this government to ex-
tend the full measure Of its protection to
the one as TO the other and finding neither
in the treaty nor in our jurisdictional legis-
lation any distinction as 10 the chara cter
of the criminal offense charged-but, on
the contrary, seeing that by our laws our
ministers and consuls have express jurisdic-
tion over charges of insurrection and re-
hellion when committed in the foreign
country by American citizens, as well as
over lesser offeDses OF similar character
this government is unable to forego its
right in the premises and cannot reIinquish
jurisdiction over any citizen, even though
after naturalization he return to his native
land and identify himself with its polit-
ical conspirations.
THE right to try and punish our citi-
zens committing offenses in Turkey has
been so uniformly and ably upheld by the
successive Secretaries of State since con-
tention on the subject was first brOached,
IN 1862, that no dimiEution of our claim
can be considered at this important juno
ture.
Consequently the United States minister
at ConStIntinople has been instructed to
claim all rights under the fourth article of
the treaty OF 1880, and to offer to try any
American citizen charged with insurrec-
ton, rebellion, sedition or like offense or.
in the event of such offer being refused, to
demand the release of the accused.
RIGHT OF A SOVEREIGN STATE.
"Inasmuch, however, as this government
does not contest the paramount right of a
sovereign state TO exclude or deport for
adequate cause and in proper manner
aliens whose resort to its territories may
be perncious to the safety of the state, the
release OF such persons upon condition OF
their leaving the country is not gainsaid."
The rest OF Secretary OlDey's communica-
ton is devoted to a reply to that part of
the SeBate's resolution which calls for
Information as to whether all the Amer
ican consuis in the Turkish Empire are at
their posts of duty and, if not to state
any circumstances which have interfered
with the performance OF the duties of such
consuls."
The Presidents letter transmitting the
correspondence is as follows:
To the Senate of tho Tinted Statcs.
In response to the resolution of the Senate
OF the 4th instant, requesting the Presi-
dent "if in his Judgment not incompatible
with the public interest, 20 communicate to
the Senate all information which has been
received by him or by the State Depart
ment in regard to injuries inflicted upon
the persons or property of American citi-
zens in Turkey and in regard TO the con-
dition of affairs there in reference TO the
oppression or cruelties practiced upon the
Armenian subjects of the Turkish govern