Article 6 of the Law of the Ottoman Nationality gives to the Imperial
Government the right to declare loss of the quality of an Imperial
subject against any Ottoman subject who shall have been naturalized in
foreign parts without the authorization of his Sovereign. In this case,
by the terms of the said article, the loss of the quality of an Ottoman
subject entails as of full right the interdiction of the return to the
Ottoman Empire of him who may have incurred it.
On the other hand, it is known that our naturalization convention could
not hitherto be put in operation on either part, so that we can not act
at present in respect of such former Ottoman subjects as may return to
Turkey after having acquired American nationality without prior
authorization of his Imperial Majesty the Sultan, except by applying to
them either the 5th article of the law in question, which authorizes the
Imperial authorities to treat them simply in the character of an Ottoman
subject as in the past, or the above-cited provisions of the 6th article
of the same law.
The arrest of the two above-mentioned individuals is therefore thus
explained. The Imperial Government, which had ground to suspect their
political intentions as former Ottoman subjects, was constrained to
decree their expulsion in application of the sixth article above cited.
Their arrest, ordered to this end, has, moreover, been only
provisional.
I hope that the foregoing explanations will satisfy your excellency, and
that they will prove to you that the measures enforced by the Imperial
authorities, are not arbitrary, but are in all points in conformity with
the laws and regulations of the Empire.
His excellency Said Pasha informs me at the same time that he is in
negotiation with Mr. Terrell to reach an understanding as to the status
of persons coming within this category.
[Circular addressed to the
governors-general of the vilayets of the Empire.—March 26,
1869.]
I have personally transmitted to you the law of Ottoman nationality,
promulgated on the 6th. Cheval, 1285 (January 19, 1869). While this
law, in its context, can not give rise to divergent interpretations,
I deem it important to define to you the spirit which inspired its
most important provisions.
I need not, in the first place, say to you that this law, like any
other law, has no retroactive effect; all who have already been
admitted to Ottoman nationality, and all native Ottoman subjects who
have, either by virtue of treaties or by virtue of special
arrangements concluded between the Sublime Porte and the foreign
missions accredited to it, been recognized by the Imperial
Government as having acquired a foreign nationality, remain, as
heretofore, either Ottoman or foreign subjects.
The provisions set forth in articles 1, 2, 3, and 4 are plain enough
to make any comment unnecessary. I shall merely remind you that
since the “personal” law of each individual—that is, the law of the
country of his origin—is that which determines the time of his
majority, and since that law varies according to countries, the
majority being reached in some countries at 25 years and above, and
below that age in
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others,
it will he incumbent on all foreign subjects who may apply for
Ottoman naturalization to prove that they are of age according to
the law of the country of their origin.
Article 5 imposes on all Ottoman subjects who wish to acquire a
foreign nationality the obligation of previously providing
themselves with a written authorization, which will be delivered to
them by virtue of an Imperial iradé, without
which their naturalization shall always he considered as void and of
no effect, and the Imperial Government will even have it in its
power (art. 6) to declare them divested of the character of Ottoman
subjects, which will, ipso facto, entail the
interdiction of returning to the Ottoman Empire. The application of
the penalty provided for in article 6 exclusively appertains to the
Imperial Government. Imperial authorities will confine themselves to
considering as void and of no effect foreign naturalization when
acquired without previous authorization by a native Ottoman subject,
and will take no steps looking to expulsion without having first
received direct instructions from the Sublime Porte.
Inasmuch as the Ottoman woman who marries an alien ceases to be an
Ottoman subject, she is granted, under article 7, the faculty of
recovering her original nationality, in the event of her becoming a
widow, by so declaring to the Ottoman authority within three years
after her husband’s decease.
Article 8 establishes that the father’s naturalization does not carry
that of his children, even though these be minors. The benefit of
naturalization, when granted to the father, is not extended to his
children, except so far as they wish it. If they are of age, they
are at liberty to follow the father’s status by making application
therefor; if not, they may do so as soon as they reach their
majority. It is easy to understand that this provision, which is,
besides, in conformity with that of the greater part of European
legislation, is enacted for the very advantage of the children, who
may occasionally find inconvenience or even detriment to themselves
in their father’s naturalization.
However, this provision does not apply to children born subsequently
to the father’s naturalization. These follow their father’s status
and form part of the nation to which they belong in consequence of
his naturalization.
The last clause of the law exclusively bears on the case of
individuals who may, for good reasons, be thought to be Ottoman
subjects and would claim a foreign nationality without being in a
position to support their claim. It is obvious that, in the event of
dispute, it is incumbent on him who claims foreign nationality to
adduce evidence thereof, and until such evidence is produced the
Imperial authorities must, inasmuch as he is found on Ottoman
territory, consider him and treat him as an Ottoman subject.
It is needless to add that article 8 affects in no way the rights
secured by treaties to foreigners, and does not justify the Imperial
authorities in departing from the regulations resulting from such
treaties regarding their relations with foreigners.
I shall close, Mr. Governor-General, in bringing to your notice the
fact that naturalization can not under any circumstances have for
effect to free the naturalized person from civil or criminal
proceedings that may have been instituted against him prior to the
time when he was naturalized, before the authority of which he was a
dependent theretofore.
You will please, Mr. Governor-General, to strictly conform to these
instructions in enforcing the provisions of the new law. With a view
to facilitating your duties this communication will also be sent to
the foreign nations accredited to the Sublime Porte, in order that
it may be brought to the notice of their agents in the
provinces.
