Evening journal., 1914-09-15

The Turkish Ambassador an
nounccd officially yesterday the per-
omptory abrogation by his Govern
mont of all existing treaties and con-
vontions that give TO foreign resi-
dents extra territorial rights. Tho
claim of these and other special rights
and privileges for American citizens
in Turkey rests chiefly upon the
treaty Of 1890. The obrogation of this
treaty is really reputation. since it
contains no provision for terminating
it's contract obligations, and, m fact,
clearly describes itself, in the pre-
amblc, as a convention "of perpetual
duration
Besides the ordinary non-molesta-
ton and most favored nation clauses,
the English toxt Of the treaty of 1880,
as ratified by the United States in
1881 and proclaimed by the United
States in February, 1882. accords in
Article ~. special rights:
"Tf litigations 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 un-
less the American dragoman be pres
ent Causes I'm which tho sum may
exceed 500 piastres shall be submit
ted TO the Sublime Porte, to be dccid-
cd according TO the laws of equity
and Justice Citizens of the United
States of America, quietly pursuing
their commerce, and not being charg-
cd or convicted of any crime or OF
eensc. shall not be molestod; and even
when they may have committed some
offensc they shall not he arrested and
put in prison by the local authorities
hut they shall Dc tried by their Min'
/ lister or Consul, and punished accord
/ ing 10 their Oiiensc. following, in TINS
respect, the usage observed tova
other Franks"
This. as we have said, is the Eng
llsh form in which the treaty wai
/ understood. ratified and proclaimed
by the United States. There rs a yer,
curious thing about this article;
circumstance perhaps unparalleled II
the case of any other diplomatic IN
strumont II has been the occasion
of an amazing volumne OF controvers'
between our Government and The Ot
t0man Empire.
Since 1883 the Turkish Government
has insisted that the second sectiol
OF Article Nv. should not read q
printed above, but thus:
American citizens peaceably az
tending to matters Of commerce shal
not be molcsted without cause so Ion
as they shall not have committed an
ofIenso or crime Even in the case q
culpabiity they shall not be impria
oncd by the judges and police agents
but they shall be punished throus
the agency OF their Ministers an
Consuls. according TO the practice oil
served in regard TO other Franks
There is q wide difference betwoe
the TWO versions. II will be observe
that the second version lacks IN
words which we have emphasized J
The first version. According to Oh
Turkish contention there is no IN
munity from arrest by the local al
thor'ties no provision whatever L,
trial by the American Minister
Consul. and that is the maiu thing
the system Of extra-territoriality.
This singular discrepancy alis
from the equally singular fact TN
the actual treaty signed at Consia
tinoplo and constituting the record
the compact was i'm the Turkish la
euaee: while The supposed transi
ton which was passed upon at was
ington and understood by this go
ernment to be the agreement II W
making with the Sublime Porte W
in fact not a translation but MI
translation.