Mr. Eddy to Mr. Hay.
Constantinople, January 20, 1903.
Sir: I have the honor to inform you that on August 5 last a certain Doctor Shipley, an American citizen visiting Smyrna, was wantonly attacked by a member of the Turkish police in broad daylight within the city limits of the above town. He was knocked down, wounded, and robbed, while a second member of the police looked on and offered no assistance.
Doctor Shipley’s assailant was afterwards identified, and the authorities of Smyrna stated that the value of the property stolen from Doctor Shipley would be refunded to him, but that nothing could be done by way of an apology from the commandant of the gendarmerie.
The legation brought the matter to the attention of the ministry for foreign affairs by a note verbal, dated August 13, 1902, which read as follows:
The United States legation has the honor to inform the Imperial ministry for foreign affairs that on Saturday, August 2, at 3 o’clock in the afternoon, Mr. H. C. Shipley, a citizen of the United States, while walking in the ruins of the ancient castle at the back of the city of Smyrna, was assaulted, knocked down, and robbed by an officer of the Turkish police. This disgraceful affair happened in broad daylight and within the city limits.
This officer of the law was afterwards arrested, and identified by Mr. Shipley and by two witnesses of the assault; but although arrested and imprisoned, the stolen property has not been returned.
The legation of the United States has, therefore, the honor to lodge a claim herewith against the Turkish Government for the sum of Lt. 10.74, this being the estimated loss sustained by Mr. Shipley, and to request its immediate settlement.
The legation has also the honor to inclose, for the information of the Ottoman Government, a copy of the formal claim lodged by Mr. Shipley with this legation.
On the 21st of October last I received a reply from the Porte, a translation of which I give herewith:
The ministry for foreign affairs has received the note verbal of August 13 last, which the legation of the United States of America has kindly addressed to the ministry relative to the aggression of which Mr. Shipley has been the object at Smyrna, and to the indemnity which he claims for the objects taken away from him.
The Imperial department of the interior, to whom this document was communicated, states in reply that, according to information furnished by the governor-general of the vilayet of Aidin, the policeman who had been designated as the author of this act of aggression having been acquitted by the proper tribunal, the police are actively searching for the true culprit.
While awaiting his arrest and the restitution by him of the stolen objects, the local authority has caused to be sent to the United States consul at Smyrna the sum of Lt. 10. and 70 piasters, claimed by Mr. Shipley, in order to be sent to the latter, who has already returned to his country, but the above-mentioned agent has declared that he can not accept it before receiving from the commandant of the gendarmerie an apology for the incident concerned.
[Page 734]This unjustified pretension being inadmissible, the Imperial ministry has the honor to beg the United States legation to kindly request its above-mentioned agent not to maintain it, and to receive the said sum without further delay in order to cause it to be transmitted to the claimant.
As this reply was in no way satisfactory, and as I had already seen both the minister for foreign affairs and the grand vizier personally with regard to the matter, I thought best to transmit a rather stronger note verbal, which read as follows:
The legation of the United States has received the note verbal from the ministry for foreign affairs, dated October 21, 1902, relative to the outrage committed on Doctor Shipley at Smyrna, in which outrage the gentleman referred to was assaulted, wounded, and robbed in broad daylight within the city limits of Smyrna.
The serious part of this matter is that the assault was committed by a member of the police, in the presence of other policemen, who, according to the custom of most countries, are supposed to be placed in their office for the upholding of law and order and not (as one would suppose from this case) in order to commit felonious assaults upon peaceful visitors.
That the Lt. 10.70 which were stolen by this officer of the law are returned to Mr. Shipley, goes without saying. Had they not been returned to him it would have been another extraordinary action in this more than extraordinary case.
The United States legation can not agree with the opinion offered by the ministry for foreign affairs that the demand for an apology from the commandant of gendarmerie is a pretension injustifiée, and therefore I must emphatically request that such an apology be made as soon as possible to the United States consul at Smyrna, who, in demanding the above-mentioned apology, is acting upon instructions from this legation.
If the commandant of the gendarmerie at Smyrna is unfitted for his post, in that he has no control whatever over his subordinates, who seem to conduct themselves in a reprehensible manner, it would seem justifiable that he be dismissed and his post refilled by some one capable of filling it. The fact of this legation merely requesting an apology from him is a sufficiently mild course to pursue, and one which, by bringing to the commandant some adequate idea of his negligence in his duties, may cause more effective measures to be taken by him in the future for the protection of peaceful and harmless foreigners who are passing through his district.
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A most complete and formal apology has (since) been received from the commandant of the police at Smyrna, both by the United States consul and by Doctor Shipley. Moreover, Doctor Shipley’s claims were paid in full.
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I have, etc.,