Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-09-11
TURKEYS ACT PUTS
END TO DISPUTES
United States Has Had Many
Disagreements Over Meaning
of Old Treaty.

The action Of the Turkish govern
ment in notifying the United States of
its intention to abrogate October l all
treaties restricting sovereignty OF the
Ottoman government writes the final
chapter of one OF the most disputed
treaties ever negotiated by the United
States
This treaty is the one of 1880 be-
tween the United States and Turkey.
Tho principal dispute under it arose
from the assertion through admins
tration after administration of the
right of American consuls or diplo-
matte representatives to try Americans
accused of crimes or misdemeanors IN
Turkey rather than waiting their tr1at
through Turkish authority turkey
has insisted that its officials should
try accused Americans. in recent years
Offering to compromise by providing
for a trial by the Turkish officials and
punishment by Americans.
The dispute arose largely because OF
unfamiliarity Of the American officials
in 1880 with the Turkish language. One
copy of the treaty in Turkish charac-
tiers and one in French were brought
to this country. Four translations We're
made, one of which was ratified by the
Senate. Turkey always has claimed
that the translation was defective.
TRANSACTIONS Do Not Agree.
In the State Department today TWEEN
ty or more translations of the treaty
made by expert lineuists in the years
that have elapsed since the dispute
arose are to be found, but none of them
sufficed to settle the dispute.
Cass. Fish, Frelinghuysen. Blaine.
Olney and Hay were Secretaries OF
State who were called upon to face
disputes in regard to this Phase OF the
treaty. An exhaustive statement OF
the American contention prepared by
Secretary Blaine has been adopted as
the final word on the subject mr..
Blaine contended that aside from the
dispute as to words used the American
can citizens in Turkey by virtue Of the
most favored nation clause in the
treaty, Belgium and Portugal having at
a later date been given the right by
Turkey to try their nationals accused
of crimes in Turkey.
Frequent diplomatic negotiations
have been necessary to dispose OF other
rights arising under the treaty OF 1880.
One Of the rights was that OF domicile.
under which the homes of Americans
were made immune from search by the
police, unaccompanfed by the Amer1-
can consul or his deputy.
Another was that insuring the pres
ence at the trial Of Turks accused OF
prefers representing the American con-
sulate. In 1895 the United States in
sisted upon having the rights to the
interpreter being present at the review
Of the conviction of such persons by
appellate Turkish courts. This right
was accorded by Turkey.
Other Similar Treaties.
The treaty is an old one when compared
with other American treaties, but is
not from the Turkish point Of view.
Some other treaties were negotiated by
Turkey with Austria-Hungary in 17l6.
with France in 174O and with Germany
(Prussia) in 1861, all Of which are still
in effect.
AS early as 1856 the sovereigns of
Constantinople granted charters of ex-
traterritoriaI privileges. called ''capitu-
lations," from the fact that they were
divided into chapters. The Venetians
were the first granted the right Of trial
by judges appointed in Venice and per-
manently residing in Constantinople.
Immediately after the Young Turks
gained control Of the government the
powers We're sounded as to possible alb
rogation Of the capitulations. The reply
was unfavorable, it being held that the
new regime should justify its ability
to govern wisely and administer justice
fairly before the powers would surrender
the rights under which their citizens in
Turkey we're protected.