Mr. Hay to Mr. Leishman.
Washington, February 10, 1902.
Sir: I have to acknowledge the receipt of your dispatch No. 124 of the 9th ultimo, reporting that you have refused to grant Assadur H. Kludjian, a former Turkish subject, a passport, the facts of the case, as shown by the inclosures to your dispatch, * * * being as follows:
Kludjian came to this country in 1889, was naturalized in 1895, and granted a passport by this Government May 17, 1900. He went back to Turkey, presented evidence of his American citizenship at the port of Alexandretta, and was refused permission to enter the country because he was an American citizen. He declares that he sent for the American consul, who was away, and that the dragoman of the consulate told him that in order to enter Turkey he must give up his passport [Page 1025] and become a Turkish subject. He was ordered back to the steamer on which he had arrived. Under these circumstances he gave up his passport and naturalization certificate and swore allegiance to Turkey. He went about his business, and some six weeks later was cast into prison. Before this he told the consul at Alexandretta that he had been compelled to give up his passport and naturalization certificate, but that he was at heart a good American. He was imprisoned for six months, during which time he did not call upon the agents of this Government for protection, because, so he says, of “the possible national bitter feeling that might cause between the two nations.”
It is true that Turkey refuses to recognize the American citizenship of a former Turk who secures naturalization in the United States without Turkish authority; and that when this authority is given it is with the stipulation that the person shall not return to Turkey. Therefore, if a naturalized American citizen of Turkish origin returns to Turkey he may expect arrest and imprisonment or expulsion. The Department’s notice stating these facts, now sent to every former subject of Turkey who receives a passport, was not yet, however, issued when the passport was granted in this case, and Dr. Kludjian may have been ignorant of the danger he was incurring by returning to Turkey. It is also true that this Government insists that the laws of Turkey on the subject are contrary to enlightened international policy, are unjust and oppressive; and that this Government protects, so far as it can, Americans, formerly of Turkish allegiance, who gain admission to Turkey.
A right to American protection and a renunciation of American citizenship are incompatible conditions, and Dr. Kludjian’s claim to such protection can rest only upon the ground that his renunciation of American citizenship was brought about by duress under threats, and is therefore void.
If the dragoman advised Kludjian to renounce his American citizenship, his acting on that advice does not make his renunciation void; actual duress must be shown. There is nothing to show that he was compelled to abjure his American nationality. He did it for his own convenience.
Your action in refusing him a passport is therefore approved by the Department.
I am, sir, etc.,