It is of the greatest importance to their administration to have a reform of
all their commercial treaties. Unfortunately, their advisers have led them
into such confusion in the business that it is only by common consent of the
powers they can now obtain revision and uniformity with respect to time of
operation, and that consent can only be had upon the basis of quid pro quo. Thus both the Italian and German
Governments have before them admittedly another term each of their treaties;
but, for considerations and upon conditions, they are willing to yield their
rights.
The position is a good one, so good that I was anxious our Government should
share it with them, and for that purpose nothing could have been better than
your instructions.* * * That the tariff coexists with the treaty is a legal
proposition of universal acceptance with the diplomatic corps.
[Inclosure in No. 229.]
Mr. Wallace to
Aarifi Pasha.
United
States Legation,
Constantinople, June 6,
1883.
No. 164.]Highness: Referring to your dispatch dated 12th
March, 1883, I have the honor to pray your highnesses pardon for not
sooner answering, as the importance of the communication would seem to
require, and to inform you that the apparent neglect would not have
occurred had it not been necessary to refer the note to my Government
for instructions; a reference which, on account of the great distance
intervening between Constantinople and Washington, unavoidably consumes
several weeks, to which must be added, as your experience will probably
suggest, a reasonable period for consideration by the authorities of so
grave a matter. The note referred to purports to be a notice that the
treaty of commerce concluded between the United States of America and
Turkey the 25th February, 1862, will cease to be in force at the
expiration of one year from the 12th March, 1883.
Now, the first article of the treaty fixes the time at which a notice for
the termination of the treaty can become operative; that is to say, the
said first article fixes the time at fourteen or twenty-one years from
the date of the exchange of the ratifications, which took place, as
appears in the certification of the instrument, on the 5th June, 1862.
Consequently, the twenty-one years did not expire until June 5, 1883,
and according to its decision, my Government cannot consent to accept a
year’s notice from March 12, 1883.
Your highness will please accept the further information that the
Department of State of my Government is averse to concluding a treaty
which will forthwith put our citizens at a disadvantage compared with
those of other countries whose treaties may run longer than our own.
At the same time it is to be remarked the Department is prepared to
consider the points presented in your highness’s aforesaid note, and, if
satisfied of their justice, it may consent to a revision, to take effect
when similar engagements with other powers shall become operative.
In transmitting this note, I pray your highness will have the goodness to
accept, &c.,
