Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-10-27
DISAPPOINTED BY
ABROGATIONOF
TURKISH TREATY
Much Importance Has Been Al
tached TO "capitulation"
Document With Ottomans.

WASHINGTON, Oct. 37-No more
disappointing development in the for
eign relations Of the United States
than the sudden abrogation on Octe=
Der 1 of the capitulation treaties be-
tween this country and Turkey has
occurred for long time, in the opin-
ion of officials of the State Depart
ment and experts on International
law.
While the treaty between the United
States and Turkey which is similar
to acts between the ottoman Empire
and many Christian nations Of
Europe, always has been a trouble
SEINE convention, 1t has been cor
sidered OF such primary Importance
w American statesmen that much
has been put up with in order to pre-
serve the treaty intact.
The capitulation treaty with Tur-
key provided that American offenders
against Turkish law should have trial
before American courts. Such rights
are called extraterritorial rights and
their observance has been enforced by
stated that some of these agreements
with Turkey date back a thousand
years.
The capitulation treaty between
this country and Turkey was framed
In 1880. At that time there were no.
members Of the Senate who could
read the original Turkish characters.
Therefore, translation had to be fur
nished. The translations were IN
French, and it was this version of the
treaty that was ratified by the United
States. Since then the Ottoman gov
eminent has argued that the transla-
ton was not accurate.
Today the state department pos
sesses no less than a score of transla-
lions of the treaty, made from time
TO time since 1880 by expert linguists
in a vain effort to settle the never
ending disputes which have arisen as
a result of the pacts.
The chief cause of dispute contained
in the capitalization" pact was the
clause dealing with extra TERRITORIAL
rights, which was that part of the
treaty comforting upon the United
States the right to have all Ameri-
can offenders against Ottoman law
tried before United States consuls.
During the whole period of the ex-
istence of the treaty, Turkey contend
ed that the Ottoman courts and Of
ficlals were qualified to pass upon
the merits of such cases and pass
sentence upon the offenders, but the
only result of the disputes was q sori
of compromise by which American Of
tenders were tried before Turkish
tribunals, but sentenced by the con-
suls of the United States.
Almost every secretary of state
cd l.o u
with the "capitulation treaties
There were Cass, Fish, Frelinghuy-
sen. Blaine, Olney and Hay, as we'll
as half score of others, who vert
called upon to take part in inter11a-
tional disputes as q result of the
extra territorial feature OF tho
treaty, and an exhaustive statement
of the American contention, prepared
by Secretary Blaine, is now regarded
as the final work I'm the controverst
In 1t the secretary argued that, set
ting aside or granting the conteif-
tlon that the translation was defec-
tive, the United States had the right
to try American citizens arrested in
Turkey by virtue of the most favored
nation" clause of the pact.
Frequent diplomatic negotiations
We're necessary to dispose of other
rights arising under this pact. One
OF them was the right of domicile
under which the homes of Americans
were made immune from search b1
Turkish officials unless the Ottoman
officers were accompanied by the
American consul or one of his depu-
ties
Another clause, that insuring the
presence of Interpreters at the trials
Of Americans accused of crime. ere
n DC n .e.s.
1895 the United States insisted upon
having interpreters present at the
review OF cases involving Amer can
citizens before the empires 5Hbel-
ate courts and this was granted,
The Ottoman Empire always has
been an adept in the making of ttea-
ties. As early as 1866 she entered
into 'capitulations' with the Vene-
tlans. and so. while the treaty OF
1880 Is regarded as an old one by the
United States, ii Is not considered
such an ancient document in Turkey
The matter of extra territorial
rights has of recent years become
one in Oriental coun
tries. For many years Japan tried
to rid herself of her treaties, yet 1t was
not until a few years ago that a
man was found who could codifv
the laws of Nippon in such q way az
to be acceptable to the world pow
ers. For this service he was eie-
waited 10 the nobility. and Japan was
able to abrogate her treaties.
As soon as the Young Turks came
into power in the Ottoman domain.
they sounded the powers upon the
question of abrogating the ''capitu-
lation." At that time the reply WIS
unfavorable. So they bided their
time until the European war, they
believed developed such conditions
as to enable them TO act and they
declared the treaties no longer oper-
alive, despite the protest of the
United states and other noWers