[Inclosure 1 in No. 66.]
Mr. Barton to Mr.
Straus.
Harpoot, Turkey, January 26, 1888.
Sir: From this city and its immediate vicinity
some six hundred Turkish subjects, Armenians by race, are now in the
United States. I was told to-day that sixty more will set out for the
same land in a few days.
Some of these people have now been in the United States for four or five
years. I am almost daily asked if these Armenians return as American
citizens will they be protected in their rights as such.
I confess ignorance upon this point and now write for information. Has
the United States a special treaty with Turkey concerning this point? If
so, what is the nature of said treaty?
If no such treaty exists, I take it for granted that proper protection
will be given,
[Page 1566]
The thought,
of the people is to thus better their condition. They hope to escape in
this way some of the oppressive taxations of this Government.
I would be pleased if you would recommend to me some work that explains
the various treaty relations of this Government with the United States
and also with other nations.
Yours, etc.,
[Inclosure 2 in No. 66.]
Mr. Straus to Mr.
Barton.
United
States Legation,
Constantinople, February 25,
1888.
Sir: Your communication of the 26th January has
been received. You state that from Harpoot and vicinity some six hundred
Turkish subjects, Armenians by race, are now in the United States and
that more are about to emigrate. You further state that the thought of
the people is thus to better their condition; they hope to escape in
this way some of the oppressive taxation of this (Ottoman) Government.
You ask to what extent these people will on their return to this Empire
be protected by our Government in their rights as American citizens?
This is a question I can not assume authoritatively to answer and it had
better be addressed to the Department of State. It is impossible to
assume what the Government would authorize to be done in a hypothetical
case. That must depend upon the specific circumstances attending each
case as it arises.
For your information let me state we have no treaty of naturalization
with the Ottoman Empire. Negotiations for one have been pending since
1874. In 1869 the Ottoman Government enacted a law providing that no
Ottoman subject shall be permitted to divest himself of his nationality
unless by and with the previous authorization of his Government.
(Législation Ottomane, Vol. I, p. 7.)
A number of cases have arisen during the past few years of taxes imposed
upon Ottoman subjects naturalized in America since 1869 and returning to
this Empire. These taxes in many instances were paid to escape
imprisonment, usually under protest. That is the status of this question
at the present time. The international questions raised by this and
similar laws, in the absence of a treaty of naturalization, are in my
opinion not free from serious doubt and perplexities, upon which the
precedents and the laws of nations vary.
So long as these citizens remain in America or in any foreign country,
excepting the country of origin, they have the same rights as native
citizens, provided they have not abandonded their citizenship.
But when they return to their country of origin, by reason of the
circumstances stated above, there arise conflicts as to rights and
obligations, which it is to be hoped will be definitely settled by a
treaty of naturalization at some future time.
In 1873 several important questions affecting naturalized citizens were
submitted for opinion by the President (Grant) to the several members of
the Cabinet (Foreign Relations of 1873, Vol.
II).
The Attorney-General, in his opinion, says: “Naturalization effected in
the United States without an intent to reside permanently therein, but
with a view of residing in another country and using such naturalization
to evade duties and responsibilities that would otherwise attach to the
naturalized person, ought to be treated by the Government of the United
States as fraudulent and as imposing upon, it no obligation to protect
such person; and as to this the Executive must judge from a?l the
circumstances of the case.”
While I regard this as an extreme view, it nevertheless may tend to give
you some light upon the subject of inquiry.
I have, etc.,
