Mr. Hirsch to Mr.
Blaine.
Legation of
the United States,
Constantinople, March 26, 1892.
(Received April 7.)
No. 413.]Sir: I have the honor to inclose herewith a letter
from the Rev. H. O. Dwight, dated March 24 instant, stating that a Mr.
Bartlett, an American citizen residing at Smyrna, had been denied by the
Turkish authorities the right to complete the purchase of his dwelling-house
property unless he signed a bond never to allow anything “like” a church or
school to be erected on the land.
Inasmuch as an American has the undoubted right to purchase land in Turkey
and build thereon without having illegal conditions imposed on him, I have
telegraphically instructed the consul at Smyrna, through the
consulate-general here, to send to this legation as soon as possible all the
facts and papers bearing on the case.
I have, etc.,
[Page 548]
[Inclosure in No. 413.]
Mr. Dwight to Mr.
Hirsch.
Bible
House, Constantinople, March 24,
1892.
Dear Sir: On the 5th of March Rev. L. Bartlett,
an American citizen, residing in Smyrna, went to the land office to
secure the transfer to himself of a house and land which he had bought,
being in fact the property in which he has lived for some time. The
authorities declined to allow Mr. Bartlett to buy the land unless he
would sign a bond (of which the form was a printed one) to the effect
that he will never allow anything “like” a church or a school to be
erected on the land.
Mr. Bartlett appealed to the United States consul to secure the
recognition of his right to buy land under the protocol of 1876, no such
conditions being laid down in the protocol. The intervention resulted in
the production by the authorities of an order from the department of the
interior, dated (No. 127) September 8–20, 1891, which directed the
imposition of this condition upon the purchase of land by missionaries.
The authorities also claimed that the question having relation to real
estate the American consul has no right to intervene, adding that in any
case the imposition of this condition has been agreed to by the United
States Government.
Mr. Bartlett understood Mr. Consul Emmet to say that he admitted the
claim of the authorities as to his incompetence in this case. I can
hardly believe the understanding to be correct, since the question is
not a question of real estate in the sense referred to in the protocol,
but a question of the validity of the protocol itself. The protocol
binds the Turkish Government to allow Mr. Bartlett to buy land, and the
Turkish Government denies the obligation, or at least substituting for
the obligation a limited obligation not contemplated in the
protocol.
May I ask you, unless you see objections, to request Mr. Emmet to report
officially the case to you, sending a copy of the order No. — referred
to. I would hope that with the details in hand, which it is impossible
for me to get, you will find it reasonable to insist upon Mr. Bartlett
being allowed to receive the property for which he has paid the money as
well as the fees of transfer.
Very respectfully, yours,
