The sun., 1914-09-12
Our Mistranslated Treaty with
Turkey.

Iue i uThlSu hHuDdSSuuOE uUHbuUttu
officially yesterday the peremptory alb
rogation by his Government of all ex.
listing treaties and conventions that
give to foreign residents extraterrito-
rial rights The claim of these and
other special rights and privileges for
American citizens In Turkey rests
chiefly upon the treaty of 1880. The
abrogation Of this treaty is really re-
pudation. since It contains no provl-
sion for terminating it's contract obli-
cations, and, IN fact, clearly describes
itself in the preamble. as convention
"of perpetual duration"
Besides the ordinary non -molesta tion
and most favored nation clauses. the
English text OF the treaty OF 1880, as
ratified by the United States in 1891
and proclaimed in February. 1882, ac-
cords in Article ". special rights:
"If lltigatlons and disputes should arise
between subjects OF the Sublime Porte and
citizens OF the United States, the parties
shall not be heard nor shall Judgment
be pronounced unless the American
dragoman be present. Causes in which
the sum may exceed 500 piastres shall
be submitted to the Sublime Porte. 10
be decided according to the laws Of
| equity and Justice. Citizens OF the United
States OF America, quietly pursuing their
commerce. and not being charged or con-
victed OF any crime or offence. shall not
be molested: and even when they may
/ ha, tad pffenra fbst sbnH
not be arrested and put In prison by the
local authorities. but they shall be tried
| bv their Minister or Consul, and punished
according TO their offence, following. In
this respect, the usage observed toward
other Franks"
This, as we have said, is the English
form in which the treaty was under
stood. ratified and proclaimed by the
United States. There Is very curious
I thing about this article; circum-
stance perhaps unparalleled in the case
OF any other diplomatic instrument.
Il has been the occasion OF an amazing
volume Of controversy between our
Government and the Ottoman Empire.
Since 1883 the Turkish Government
has insisted that the second section of
Article ". should not read as printed
above. but thus:
American citizens peaceaby attending
to mattets of commerce shall not be
molested without cause so long as they
shall not have committed any offence or
crime. Even in the case of culpability
they shall not be imprisoned by the
Judges and police agents, but they shall
be punished through the agency OF their
Ministers and Consuls. according to the
practice observed In regard to other
Franks"
There Is n wide difference between
the two versions. II will be observed
that the second version lacks the words
which we have italicized in the first
version. According to the Turkish con-
tention there Is 10 immunity from ar
rest by the local authorities, no pro
vision whatever for trial by the Amer.
lean Minister or Consul, and that Is
the main thing in the system Of extra.
terrtoriality.
/ This singular discrepancy arises
from the equally singular fact that the
actual treaty, signed at ConstantlnOple
and constituting the record of the com
pact, was in the Turkish language
while the supposed translation which
was passed upon at Washington and
understood by this Government to be
the agreement It was making with tn,
Sublime Porte was in fact not a trans
latlon but n mistranslatlOn.
Moreover the mlstranslation was not
the performance of Oriental guile. Tur.
key was in no way to blame for the in
accurate rendering which became the
source OF numberless arguments be
tween the two Governments as TO what
the treaty really meant The story OF
the accident is told in one of the Off
cial Communications of Secretary HAM
IITON FISH:
MIR. CHARLES RHIND, who as speca
agent OF the United States proceeded &c
Turkey in 1929 for the purpose OF negoti,
ating the treaty. employed, on arriving al
Constantinople. one NAvoNI as his drago
man. A French version OF the Turkish by
tNls NANONl ana AnotneT III the same IAN
guage by another hand accompanied tho
original treaty sent hither Ito Washing
toni by Mr.. RHrND. II Is presumed that
neither OF these versions was entirely
satisfactory to Mr.. VAN buren,, then Sec
retary OF State; for pursuant to hi
direction, Mr., WILLIAM II. HopGsoN, thei
employed in the Department and after
/, ward It's official translator made an
other translation. which purports TO hav,
been from tho original Turkish. It is
however, obvious on inspection that Mr.
IIoDGsoN's translation is not from tn
Turkish original. but seems to he com
pounded from the two French versions
, above referred to. both of which err, a
= alleged by the Turkish Government, an,
as the other translations recently mad
, plainly show"
, Later. in 1877. Secretary EyARrs fol-
, mally admitted the same thing in not,
4 to ARIsTARcHI Bey;
: II am directed in the first place by tn
President to admit. on the part OF tn
Government OF tho United States, tina