July 24, 2015

1830 | Another US Treaty in Turkish

Mavi Boncuk | 

7 May 1830, the Ottoman-American Treaty of Trade and Navigation was ... article granting the Sublime Porte the right to buy war vessels from the US. 

Journal of the Senate, Including the Journal of the Executive Proceedings of the Senate, Volume 21, Issue 1 United States. Congress. Senate M. Glazier, Incorporated, 1887 - Legislation

See also: OTTOMAN DIPLOMACY AND THE CONTROVERSY OVER THE INTERPRETATION OF ARTICLE 4 OF THE TURCO-AMERICAN TREATY OF 1830  by SİNAN KUNERALP 

"...The dispute had its origin in the wording of Article 4 of the Turco-American Treaty signed in the Ottoman capital on May 7, 1830, which is the starting point of regular diplomatic relations between the two countries. The story of the negotiations that led to the conclusion of this treaty is well known and will not be dwelt upon here. We have to know that till the 1856 Paris Conference where the Empire was admitted into the European Concert, whenever the Ottoman Empire concluded treaties with foreign powers, it accepted only the Turkish version of the text as binding and valid. It would appear that article 4 of the American treaty, concerning penal matters related to American subjects residing and working in the Empire, was poorly drafted in its Turkish original and was therefore open to misinterpretations. Capitulatory rights provided that in causes where both parties were foreigners, these causes were to be heard by the consuls of the countries whose subjects the parties involved were. However mixed cases, that is when one party was an Ottoman subject and the other a foreigner, would fail under Ottoman jurisdiction, with the consul or the dragoman of the foreign party being admitted as an observer. Article 4 of the Turco-American treaty was drafted in the Turkish version in such a careless way that it could bc construed that mixed cases were also to bc heard by American consuls to the exclusion of Turkish courts, that is it was giving American subjects the right of exterritorialily in all but in name.  "

"In 1868 two Americans were recruited along with a number of Austrians and Englishmen in a bizarre expedition funded by Mustafa Fazıl Paşa, who wanted to overthrow his half-brother the Khedive of Egypt İsmail Paşa. The plot aborted and the foreign mercenaries ended up in custody in Damascus. One of the Americans, was the former US consul at Piraeus, H.M. Canfield, also known as Lamar, and the other was a freshly naturalized Hungarian named Romer, probably a left-over from the wave of Hungarian refugees who sought shelter in the Empire after the 1848 uprisings. While the Secretary of State William Seward confessed to Blacque Bey, the Ottoman Minister in Washington, that Canfield had violated the laws of the Empire and that he would therefore refuse to intervene in his favour, Morris, the US Minister in Constantinople disagreeably surprised the Porte by demanding that the two Americans be handed over to him basing his claim on what was to become the standing American interpretation of Article 4 of the 1830 treaty; that is that American citizens were to be tried by their own consuls even in cases to which the Ottoman state or Ottoman subjects were party."

No comments:

Post a Comment